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Senate Bill 3004

Senate Bill sb3004c1

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    Florida Senate - 2004                           CS for SB 3004

    By the Committee on Ethics and Elections; and Senator Cowin





    313-2472-04

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.021, F.S.; redesignating "paper ballot" as

  4         "marksense ballot" and redefining the term

  5         "voting system"; amending s. 97.052, F.S.;

  6         providing an additional purpose for statewide

  7         voter registration applications; amending s.

  8         99.095, F.S.; revising procedures for

  9         qualification by petition; amending s. 99.0955,

10         F.S.; revising method of qualification by

11         candidates with no party affiliation; amending

12         s. 99.096, F.S.; revising method of

13         qualification by minor party candidates;

14         amending s. 100.011, F.S.; providing that

15         electors in line to vote at the closing of the

16         polls must be allowed to vote; amending s.

17         100.111, F.S.; revising procedures to be

18         followed in the event of a vacancy in

19         nomination; amending s. 101.031, F.S.; revising

20         provisions regarding the responsibility for

21         furnishing instructions for electors; amending

22         ss. 101.048, 101.049, F.S.; providing for

23         voting of provisional ballots by persons with

24         disabilities; amending s. 101.131, F.S.;

25         revising the number of authorized poll

26         watchers; providing for certain political

27         committees to have poll watchers; revising

28         provisions for designation of poll watchers;

29         amending s. 101.151, F.S.; revising

30         specifications for ballots; amending s.

31         101.171, F.S.; providing for copies of proposed

                                  1

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    Florida Senate - 2004                           CS for SB 3004
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 1         constitutional amendments to be provided in

 2         booklet or poster form; amending s. 101.253,

 3         F.S.; prescribing duties of the supervisor of

 4         elections with respect to ballots in cases of

 5         vacancy in nomination; amending s. 101.294,

 6         F.S.; prohibiting governing bodies from

 7         deploying uncertified voting equipment;

 8         prohibiting vendors of voting equipment from

 9         providing uncertified voting systems; requiring

10         vendors of voting equipment to provide

11         certifications that voting systems have been

12         certified; amending s. 101.295, F.S.; providing

13         penalties for unlawfully providing voting

14         systems; amending s. 101.5606, F.S.; conforming

15         to a change in terminology; providing an

16         additional requirement for voting systems;

17         amending s. 101.595, F.S.; revising duties of

18         the supervisor of elections with respect to

19         reporting under votes and overvotes; amending

20         s. 101.6103, F.S.; allowing mail ballots to

21         begin being canvassed 4 days before the

22         election; amending s. 101.62, F.S.; revising

23         provisions relating to absentee ballots for

24         overseas voters; amending s. 101.64, F.S.;

25         requiring absentee voters voting pursuant to

26         the Uniformed and Overseas Citizens Absentee

27         Voting Act to use a standard oath as prescribed

28         by federal law; amending s. 101.68, F.S.;

29         providing an exemption from the witness

30         requirement for absentee ballots for certain

31         voters; amending s. 101.6923, F.S.; revising

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    Florida Senate - 2004                           CS for SB 3004
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 1         requirements for instructions for certain

 2         first-time voters voting an absentee ballot;

 3         amending s. 101.694, F.S.; revising guidelines

 4         for absentee envelopes; amending s. 101.697,

 5         F.S.; requiring the Department of State to

 6         determine security of electronic transmissions

 7         of certain absentee ballots before adopting

 8         rule; amending s. 102.012, F.S.; providing for

 9         a single election board in each precinct;

10         amending s. 102.111, F.S.; allowing the

11         Elections Canvassing Commission to delegate the

12         authority to order recounts to the chief

13         election officer; amending s. 102.071, F.S.;

14         deleting the requirement that the certificate

15         of results be prepared in triplicate; amending

16         s. 102.141, F.S.; deleting the requirement that

17         the canvass be filed with the county court

18         judge; clarifying responsibility for ordering

19         recounts; deleting the requirement for the

20         logic and accuracy test at the completion of

21         the recount; extending the deadline for

22         reporting results of the machine recount;

23         amending s. 102.166, F.S.; clarifying

24         responsibility for ordering manual recounts;

25         clarifying that manual recounts are only

26         conducted with marksense ballots and when the

27         number of overvotes and undervotes could change

28         the outcome of the election; amending s.

29         102.168, F.S.; revising provisions with respect

30         to the time for contesting an election;

31         declaring the county canvassing board and the

                                  3

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    Florida Senate - 2004                           CS for SB 3004
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 1         Elections Canvassing Commission indispensable

 2         parties in contested elections; amending s.

 3         105.031, F.S.; exempting write-in candidates

 4         for certain office from payment of the

 5         qualifying fee; amending s. 105.035, F.S.;

 6         revising procedures for qualifying as candidate

 7         for judicial or school board office by

 8         petition; amending s. 106.011, F.S.; defining

 9         the term "eliminated candidate"; amending s.

10         106.07, F.S.; revising requirements for filing

11         campaign reports; allowing electronic receipts

12         to be used as proof of filing; creating s.

13         106.0705, F.S.; providing for electronic filing

14         of campaign treasurer's reports; providing

15         standards and guidelines; amending s. 106.075,

16         F.S.; revising requirement with respect to

17         reporting loans; amending s. 106.08, F.S.;

18         prohibiting candidates from expending funds

19         from campaign account to obtain endorsements;

20         amending s. 106.087, F.S.; exempting committees

21         of continuous existence from certain

22         prohibitions with respect to expenditures;

23         amending s. 106.09, F.S.; prohibiting

24         acceptance of certain contributions made by

25         money order; providing penalties; amending s.

26         106.11, F.S.; revising provisions relating to

27         reporting use of debit cards; amending s.

28         106.29, F.S.; revising provisions relating to

29         reports by political parties; requiring voting

30         systems to meet certain requirements by a date

31         certain; repealing s. 98.181, F.S., relating to

                                  4

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    Florida Senate - 2004                           CS for SB 3004
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 1         the supervisor of elections making up indexes

 2         or records; repealing s. 101.635, F.S.,

 3         relating to distribution of blocks of printed

 4         ballots; repealing s. 102.061, F.S., relating

 5         to duties of elections boards; repealing s.

 6         106.085, F.S., relating to independent

 7         expenditures; repealing s. 106.144, F.S.,

 8         relating to endorsements or opposition by

 9         certain groups and organizations; amending s.

10         22, ch. 2002-281, Laws of Florida; changing the

11         effective date of certain sections of ch.

12         2002-281, Laws of Florida; amending s. 287.057,

13         F.S.; adding an exemption to the competitive

14         solicitation requirement to exempt certain

15         voter education activities; amending s.

16         101.131, F.S.; authorizing political parties to

17         have a certain number of at-large poll

18         watchers; revising provisions for designation

19         of poll watchers; amending s. 106.023, F.S.;

20         providing that the execution and filing of the

21         statement of candidate does not create a

22         presumption of a willful violation of ch. 106

23         or ch. 104, F.S.; amending s. 106.04, F.S.;

24         reducing the fine for late filing of campaign

25         finance reports by committees of continuous

26         existence; providing for deposit of fine

27         proceeds into the General Revenue Fund;

28         amending s. 106.07, F.S.; requiring the

29         reporting of certain expenditures made

30         indirectly through a campaign treasurer for

31         certain goods and services; deleting a

                                  5

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    Florida Senate - 2004                           CS for SB 3004
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 1         requirement making candidates personally liable

 2         for payment of late-filing fines for campaign

 3         finance reports; directing the deposit of

 4         certain late-filing fines for campaign finance

 5         reports to the General Revenue Fund; modifying

 6         procedures and grounds for contesting certain

 7         late-filing fines; amending s. 106.141, F.S.;

 8         providing for deposit of reimbursed election

 9         assessments into the General Revenue Fund;

10         amending s. 106.25, F.S.; requiring sworn

11         complaints to the Florida Elections Commission

12         to be based upon personal knowledge of the

13         complainant; limiting the commission's

14         investigatory authority; precluding the filing

15         of certain complaints; authorizing respondents,

16         complainants, and their counsel to attend

17         hearings at which probable cause is determined;

18         requiring prior notice; permitting a brief oral

19         statement; specifying basis for determining

20         probable cause; amending s. 106.29, F.S.;

21         providing for deposit of late-filing fees for

22         political party campaign finance reports into

23         the General Revenue Fund; providing effective

24         dates.

25  

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

27  

28         Section 1.  Subsections (3) and (38) of section 97.021,

29  Florida Statutes, are amended to read:

30  

31  

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    Florida Senate - 2004                           CS for SB 3004
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 1         97.021  Definitions.--For the purposes of this code,

 2  except where the context clearly indicates otherwise, the

 3  term:

 4         (3)  "Ballot" or "official ballot" when used in

 5  reference to:

 6         (a)  "Marksense Paper ballots" means that printed sheet

 7  of paper, used in conjunction with an electronic or

 8  electromechanical vote tabulation voting system, containing

 9  the names of candidates, or a statement of proposed

10  constitutional amendments or other questions or propositions

11  submitted to the electorate at any election, on which sheet of

12  paper an elector casts his or her vote.

13         (b)  "Electronic or electromechanical devices" means a

14  ballot that is voted by the process of electronically

15  designating, including by touchscreen, or marking with a

16  marking device for tabulation by automatic tabulating

17  equipment or data processing equipment.

18         (38)  "Voting system" means a method of casting and

19  processing votes that functions wholly or partly by use of

20  electromechanical or electronic apparatus or by use of

21  marksense paper ballots and includes, but is not limited to,

22  the procedures for casting and processing votes and the

23  programs, operating manuals, supplies tabulating cards,

24  printouts, and other software necessary for the system's

25  operation.

26         Section 2.  Subsection (1) of section 97.052, Florida

27  Statutes, is amended to read:

28         97.052  Uniform statewide voter registration

29  application.--

30         (1)  The department shall prescribe a uniform statewide

31  voter registration application for use in this state.

                                  7

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    Florida Senate - 2004                           CS for SB 3004
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 1         (a)  The uniform statewide voter registration

 2  application must be accepted for any one or more of the

 3  following purposes:

 4         1.  Initial registration.

 5         2.  Change of address.

 6         3.  Change of party affiliation.

 7         4.  Change of name.

 8         5.  Replacement of voter registration identification

 9  card.

10         6.  Signature updates.

11         (b)  The department is responsible for printing the

12  uniform statewide voter registration application and the voter

13  registration application form prescribed by the Federal

14  Election Commission pursuant to the National Voter

15  Registration Act of 1993. The applications and forms must be

16  distributed, upon request, to the following:

17         1.  Individuals seeking to register to vote.

18         2.  Individuals or groups conducting voter registration

19  programs. A charge of 1 cent per application shall be assessed

20  on requests for 10,000 or more applications.

21         3.  The Department of Highway Safety and Motor

22  Vehicles.

23         4.  Voter registration agencies.

24         5.  Armed forces recruitment offices.

25         6.  Qualifying educational institutions.

26         7.  Supervisors, who must make the applications and

27  forms available in the following manner:

28         a.  By distributing the applications and forms in their

29  offices to any individual or group.

30         b.  By distributing the applications and forms at other

31  locations designated by each supervisor.

                                  8

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    Florida Senate - 2004                           CS for SB 3004
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 1         c.  By mailing the applications and forms to applicants

 2  upon the request of the applicant.

 3         (c)  The uniform statewide voter registration

 4  application may be reproduced by any of the entities described

 5  in paragraph (b) private individual or group, provided the

 6  reproduced application is in the same format as the

 7  application prescribed under this section.

 8         Section 3.  Effective January 1, 2005, section 99.095,

 9  Florida Statutes, is amended to read:

10         (Substantial rewording of section. See

11         s. 99.095, F.S., for present text.)

12         99.095  Petition process in lieu of qualifying fee and

13  party assessment.--

14         (1)  A person seeking to qualify as a candidate for any

15  office is not required to pay the qualifying fee or party

16  assessment required by this chapter if he or she meets the

17  petition requirements of this section.

18         (2)(a)  A candidate shall obtain the signatures of

19  voters in the geographical area represented by the office

20  sought equal to at least 1 percent of the total number of

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

22  by the department for the last preceding general election.

23  Signatures may not be obtained until the candidate has filed

24  the appointment of campaign treasurer and designation of

25  campaign depository pursuant to s. 106.021.

26         (b)  The format of the petition shall be prescribed by

27  the division and shall be used by candidates to reproduce

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

29  office that requires a group or district designation, the

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

31  

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    Florida Senate - 2004                           CS for SB 3004
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 1  the signatures are not valid. A separate petition is required

 2  for each candidate.

 3         (3)  Each petition must be submitted before noon of the

 4  28th day preceding the first day of the qualifying period for

 5  the office sought to the supervisor of elections of the county

 6  in which such petition was circulated. Each supervisor shall

 7  check the signatures on the petitions to verify their status

 8  as voters in the county, district, or other geographical area

 9  represented by the office sought. No later than the 7th day

10  before the first day of the qualifying period, the supervisor

11  shall certify the number of valid signatures.

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

13  state, or multicounty district office shall be submitted to

14  the division. The division shall determine whether the

15  required number of signatures has been obtained and shall

16  notify the candidate.

17         (b)  For candidates for county or district office not

18  covered by paragraph (a), the supervisor shall determine

19  whether the required number of signatures has been obtained

20  and shall notify the candidate.

21         (5)  If the required number of signatures has been

22  obtained, the candidate is eligible to qualify pursuant to s.

23  99.061.

24         Section 4.  Effective January 1, 2005, section 99.0955,

25  Florida Statutes, is amended to read:

26         99.0955  Candidates with no party affiliation; name on

27  general election ballot.--

28         (1)  Each person seeking to qualify for election as a

29  candidate with no party affiliation shall file his or her

30  qualifying qualification papers and pay the qualifying fee or

31  qualify by the petition process pursuant to s. 99.095,

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    Florida Senate - 2004                           CS for SB 3004
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 1  alternative method prescribed in subsection (3) with the

 2  officer and during the times and under the circumstances

 3  prescribed in s. 99.061. Upon qualifying, the candidate is

 4  entitled to have his or her name placed on the general

 5  election ballot.

 6         (2)  The qualifying fee for candidates with no party

 7  affiliation shall consist of a filing fee and an election

 8  assessment.  The amount of the filing fee is 3 percent of the

 9  annual salary of the office sought.  The amount of the

10  election assessment is 1 percent of the annual salary of the

11  office sought.  The election assessment shall be deposited

12  into the Elections Commission Trust Fund.  Filing fees paid to

13  the Department of State shall be deposited into the General

14  Revenue Fund of the state.  Filing fees paid to the supervisor

15  of elections shall be deposited into the general revenue fund

16  of the county.

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

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

19  alternative method prescribed in this subsection.  A candidate

20  using this petitioning process shall file an oath with the

21  officer before whom the candidate would qualify for the office

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

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

24  a group or district designation, the candidate must indicate

25  the designation in his or her oath.  The oath shall be filed

26  at any time after the first Tuesday after the first Monday in

27  January of the year in which the election is held, but before

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

29  for the office sought.  The Department of State shall

30  prescribe the form to be used in administering and filing the

31  oath.  Signatures may not be obtained by a candidate on any

                                  11

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    Florida Senate - 2004                           CS for SB 3004
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 1  petition until the candidate has filed the oath required in

 2  this subsection. Upon receipt of the written oath from a

 3  candidate, the qualifying officer shall provide the candidate

 4  with petition forms in sufficient numbers to facilitate the

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

 6  office that requires a group or district designation, the

 7  petition must indicate that designation or the signatures

 8  obtained on the petition will not be counted.

 9         (b)  A candidate shall obtain the signatures of a

10  number of qualified electors in the geographical entity

11  represented by the office sought equal to 1 percent of the

12  registered electors of the geographical entity represented by

13  the office sought, as shown by the compilation by the

14  Department of State for the preceding general election.

15         (c)  Each petition must be submitted before noon of the

16  21st day preceding the first day of the qualifying period for

17  the office sought, to the supervisor of elections of the

18  county for which such petition was circulated. Each supervisor

19  to whom a petition is submitted shall check the signatures on

20  the petition to verify their status as electors in the county,

21  district, or other geographical entity represented by the

22  office sought.  Before the first day for qualifying, the

23  supervisor shall certify the number shown as registered

24  electors.

25         (d)1.  Certifications for candidates for federal,

26  state, or multicounty district office shall be submitted to

27  the Department of State. The Department of State shall

28  determine whether the required number of signatures has been

29  obtained for the name of the candidate to be placed on the

30  ballot and shall notify the candidate.

31  

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    Florida Senate - 2004                           CS for SB 3004
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 1         2.  For candidates for county or district office not

 2  covered by subparagraph 1., the supervisor of elections shall

 3  determine whether the required number of signatures has been

 4  obtained for the name of the candidate to be placed on the

 5  ballot and shall notify the candidate.

 6         (e)  If the required number of signatures has been

 7  obtained, the candidate shall, during the time prescribed for

 8  qualifying for office, submit a copy of the notice received

 9  under paragraph (d) and file his or her qualifying papers and

10  the oath prescribed by s. 99.021 with the qualifying officer.

11         Section 5.  Effective January 1, 2005, section 99.096,

12  Florida Statutes, is amended to read:

13         99.096  Minor party candidates; names on ballot.--

14         (1)  The executive committee of a minor political party

15  shall, no later than noon of the third day prior to the first

16  day of the qualifying period prescribed for federal

17  candidates, submit to the Department of State a list of

18  federal candidates nominated by the party to be on the general

19  election ballot. and No later than noon of the third day prior

20  to the first day of the qualifying period for state

21  candidates, the executive committee of a minor party shall

22  submit to the Department of State the official list of the

23  state, multicounty, and county respective candidates nominated

24  by that party to be on the ballot in the general election to

25  the filing officer for each of the candidates.  The Department

26  of State shall notify the appropriate supervisors of elections

27  of the name of each minor party candidate eligible to qualify

28  before such supervisor.  The official list of nominated

29  candidates may not be changed by the party after having been

30  filed with the filing officers Department of State, except

31  that candidates who have qualified may withdraw from the

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 1  ballot pursuant to the provisions of this code, and vacancies

 2  in nominations may be filled pursuant to s. 100.111.

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

 4  candidate of a minor party shall file his or her qualifying

 5  qualification papers with, and pay the qualifying fee and, if

 6  one has been levied, the party assessment, or qualify by the

 7  petition process pursuant to s. 99.095 alternative method

 8  prescribed in subsection (3), with the officer and at the

 9  times and under the circumstances provided in s. 99.061.

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

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

12  the alternative method prescribed in this subsection.  A

13  candidate using this petitioning process shall file an oath

14  with the officer before whom the candidate would qualify for

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

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

17  that requires a group or district designation, the candidate

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

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

20  first Monday in January of the year in which the election is

21  held, but before the 21st day preceding the first day of the

22  qualifying period for the office sought.  The Department of

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

24  filing the oath.  Signatures may not be obtained by a

25  candidate on any petition until the candidate has filed the

26  oath required in this section.  Upon receipt of the written

27  oath from a candidate, the qualifying officer shall provide

28  the candidate with petition forms in sufficient numbers to

29  facilitate the gathering of signatures.  If the candidate is

30  running for an office that requires a group or district

31  

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 1  designation, the petition must indicate that designation or

 2  the signatures on such petition will not be counted.

 3         (b)  A candidate shall obtain the signatures of a

 4  number of qualified electors in the geographical entity

 5  represented by the office sought equal to 1 percent of the

 6  registered electors in the geographical entity represented by

 7  the office sought, as shown by the compilation by the

 8  Department of State for the last preceding general election.

 9         (c)  Each petition shall be submitted prior to noon of

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

11  for the office sought to the supervisor of elections of the

12  county for which the petition was circulated. Each supervisor

13  to whom a petition is submitted shall check the signatures on

14  the petition to verify their status as electors in the county,

15  district, or other geographical entity represented by the

16  office sought.  Before the first day for qualifying, the

17  supervisor shall certify the number shown as registered

18  electors.

19         (d)1.  Certifications for candidates for federal,

20  state, or multicounty district office shall be submitted to

21  the Department of State. The Department of State shall

22  determine whether the required number of signatures has been

23  obtained for the name of the candidate to be placed on the

24  ballot and shall notify the candidate.

25         2.  For candidates for county or district office not

26  covered by subparagraph 1., the supervisor of elections shall

27  determine whether the required number of signatures has been

28  obtained for the name of the candidate to be placed on the

29  ballot and shall notify the candidate.

30         (e)  If the required number of signatures has been

31  obtained, the candidate shall, during the prescribed time for

                                  15

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 1  qualifying for office, submit a copy of the notice received

 2  under paragraph (d) and file his or her qualifying papers and

 3  the oath prescribed by s. 99.021 with the qualifying officer.

 4         (4)  A minor party candidate whose name has been

 5  submitted pursuant to subsection (1) and who has qualified for

 6  office is entitled to have his or her name placed on the

 7  general election ballot.

 8         Section 6.  Subsection (1) of section 100.011, Florida

 9  Statutes, is amended to read:

10         100.011  Opening and closing of polls, all elections;

11  expenses.--

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

13  7:00 a.m., on the day of the election, and shall be kept open

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

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

16  seat of the locality.  The inspectors shall make public

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

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

19  not be concealed. Any elector in line at the official closing

20  shall be allowed to cast a vote in the election.

21         Section 7.  Paragraph (b) of subsection (4) of section

22  100.111, Florida Statutes, is amended to read:

23         100.111  Filling vacancy.--

24         (4)

25         (b)  If the vacancy in nomination occurs later than

26  September 15, or if the vacancy in nomination occurs with

27  respect to a candidate of a minor political party which has

28  obtained a position on the ballot, no special primary election

29  shall be held and the Department of State shall notify the

30  chair of the appropriate state, district, or county political

31  party executive committee of such party; and, within 7 days,

                                  16

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 1  the chair shall call a meeting of his or her executive

 2  committee to consider designation of a nominee to fill the

 3  vacancy.  The name of any person so designated shall be

 4  submitted to the Department of State within 14 days of notice

 5  to the chair in order that the person designated may have his

 6  or her name printed or otherwise placed on the ballot of the

 7  ensuing general election, but in no event shall the supervisor

 8  of elections be required to place on a ballot a name submitted

 9  less than 21 days prior to the election. If the name of the

10  new nominee is submitted after the ballots have been printed

11  or programmed into the machines and the supervisor of

12  elections is not able to reprint or reprogram the ballots or

13  otherwise strike the former nominee's name and insert the new

14  nominee's name vacancy occurs less than 21 days prior to the

15  election, the person designated by the political party will

16  replace the former party nominee even though the former party

17  nominee's name will be on the ballot.  Any ballots cast for

18  the former party nominee will be counted for the person

19  designated by the political party to replace the former party

20  nominee.  If there is no opposition to the party nominee, the

21  person designated by the political party to replace the former

22  party nominee will be elected to office at the general

23  election. For purposes of this paragraph, the term "district

24  political party executive committee" means the members of the

25  state executive committee of a political party from those

26  counties comprising the area involving a district office.

27         Section 8.  Subsection (1) of section 101.031, Florida

28  Statutes, is amended to read:

29         101.031  Instructions for electors.--

30         (1)  The Department of State, or in case of municipal

31  elections the governing body of the municipality, shall print,

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 1  in large type on cards, instructions for the electors to use

 2  in voting.  It shall provide not less than two cards for each

 3  voting precinct for each election and furnish such cards to

 4  each supervisor upon requisition.  Each supervisor of

 5  elections shall send a sufficient number of these cards to the

 6  precincts prior to an election. The election inspectors shall

 7  display the cards in the polling places as information for

 8  electors.  The cards shall contain information about how to

 9  vote and such other information as the Department of State may

10  deem necessary. The cards must also include the list of rights

11  and responsibilities afforded to Florida voters, as described

12  in subsection (2).

13         Section 9.  Effective January 1, 2006, subsections (2)

14  and (4) of section 101.048, Florida Statutes, are amended to

15  read:

16         101.048  Provisional ballots.--

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

18  Provisional Ballot Voter's Certificate and Affirmation

19  envelope to determine if the person voting that ballot was

20  entitled to vote at the precinct where the person cast a vote

21  in the election and that the person had not already cast a

22  ballot in the election.

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

24  registered and entitled to vote at the precinct where the

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

26  compare the signature on the Provisional Ballot Voter's

27  Certificate and Affirmation envelope with the signature on the

28  voter's registration and, if it matches, shall count the

29  ballot.

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

31  provisional ballot was not registered or entitled to vote at

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

 2  provisional ballot shall not be counted and the ballot shall

 3  remain in the envelope containing the Provisional Ballot

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

 5  marked "Rejected as Illegal."

 6         (4)  Notwithstanding the requirements of subsections

 7  (1) through (3) In counties where the voting system does not

 8  utilize a paper ballot, the supervisor of elections may, and

 9  for persons with disabilities shall, provide the appropriate

10  provisional ballot to the voter by electronic means that meet

11  the requirements of s. 101.56062 as provided for by the

12  certified voting system. Each person casting a provisional

13  ballot by electronic means shall, prior to casting his or her

14  ballot, complete the Provisional Ballot Voter's Certificate

15  and Affirmation as provided in subsection (3).

16         Section 10.  Effective January 1, 2006, subsection (5)

17  of section 101.049, Florida Statutes, is amended to read:

18         101.049  Provisional ballots; special circumstances.--

19         (5)  As an alternative, provisional ballots cast

20  pursuant to this section may, and for persons with

21  disabilities shall, be cast in accordance with the provisions

22  of s. 101.048(4).

23         Section 11.  Section 101.131, Florida Statutes, is

24  amended to read:

25         101.131  Watchers at polls.--

26         (1)  Each political party and each candidate may have

27  one watcher in each polling room at any one time during the

28  election. A political committee, if formed for the specific

29  purpose of opposing or supporting a named issue on the ballot,

30  may have one watcher for each polling room at any one time

31  during the election. No watcher shall be permitted to come

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 1  closer to the officials' table or the voting booths than is

 2  reasonably necessary to properly perform his or her functions,

 3  but each shall be allowed within the polling room to watch and

 4  observe the conduct of electors and officials.  The watchers

 5  shall furnish their own materials and necessities and shall

 6  not obstruct the orderly conduct of any election.  Each

 7  watcher shall be a qualified and registered elector of the

 8  county in which he or she serves.

 9         (2)  Each party, each committee, and each candidate

10  requesting to have poll watchers shall designate, in writing,

11  poll watchers for each polling room precinct prior to noon of

12  the second Tuesday preceding the election. The designation

13  shall include specific times for each watcher to be in the

14  polling room. The poll watchers for each polling room precinct

15  shall be approved by the supervisor of elections on or before

16  the Tuesday before the election.  The supervisor shall furnish

17  to each election board precinct a list of the poll watchers

18  designated and approved for such polling room precinct.

19         (3)  A No candidate or sheriff, deputy sheriff, police

20  officer, or other law enforcement officer may not be

21  designated as a poll watcher.

22         Section 12.  Subsection (1) of section 101.151, Florida

23  Statutes, is amended to read:

24         101.151  Specifications for ballots.--

25         (1)  Marksense Paper ballots shall be printed on paper

26  of such thickness that the printing cannot be distinguished

27  from the back and shall meet the specifications of the voting

28  system that will be used to read the ballots.

29         Section 13.  Section 101.171, Florida Statutes, is

30  amended to read:

31  

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 1         101.171  Copy of constitutional amendment to be

 2  posted.--Whenever any amendment to the State Constitution is

 3  to be voted upon at any election, the Department of State

 4  shall have printed, and shall furnish to each supervisor of

 5  elections, a sufficient number of copies of the amendment,

 6  either in poster or booklet form, and the supervisor shall

 7  have a copy thereof conspicuously posted or available at each

 8  precinct upon the day of election.

 9         Section 14.  Section 101.253, Florida Statutes, is

10  amended to read:

11         101.253  When names not to be printed on ballot.--

12         (1)  No candidate's name, which candidate is required

13  to qualify with a supervisor of elections for any primary or

14  general election, shall be printed on the ballot if such

15  candidate has notified the supervisor of elections in writing,

16  under oath, on or before the 42nd day before the election that

17  the candidate will not accept the nomination or office for

18  which he or she filed qualification papers. The supervisor of

19  elections may, in his or her discretion with the approval of

20  the Department of State, allow such a candidate to withdraw

21  after the 42nd day before an election, upon receipt of written

22  notice, sworn to under oath, that the candidate will not

23  accept the nomination or office for which he or she qualified.

24         (2)  No candidate's name, which candidate is required

25  to qualify with the Department of State for any primary or

26  general election, shall be printed on the ballot if such

27  candidate has notified the Department of State in writing,

28  under oath, on or before the 42nd day before the election that

29  the candidate will not accept the nomination or office for

30  which he or she filed qualification papers.  The Department of

31  State may in its discretion allow such a candidate to withdraw

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 1  after the 42nd day before an election upon receipt of a

 2  written notice, sworn to under oath, that the candidate will

 3  not accept the nomination or office for which he or she

 4  qualified.

 5         (3)  If ballots are printed or programmed into the

 6  machines before the death, resignation, removal, or withdrawal

 7  of a candidate, the supervisor of elections may:

 8         (a)  Strike the name of the candidate and, if

 9  necessary, insert the name of the new nominee;

10         (b)  Reprint or reprogram the ballot; or

11         (c)  Provide notice in a newspaper of general

12  circulation in the county, post a notice in each voting booth,

13  and provide an insert with each absentee ballot mailed to a

14  voter explaining the consequences of a vote for the former

15  candidate. In no case shall the supervisor be required to

16  print on the ballot a name which is submitted less than 21

17  days prior to the election.  In the event the ballots are

18  printed 21 days or more prior to the election, the name of any

19  candidate whose death, resignation, removal, or withdrawal

20  created a vacancy in office or nomination shall be stricken

21  from the ballot with a rubber stamp or appropriate printing

22  device, and the name of the new nominee shall be inserted on

23  the ballot in a like manner.  The supervisor may, as an

24  alternative, reprint the ballots to include the name of the

25  new nominee.

26         Section 15.  Subsections (4) and (5) are added to

27  section 101.294, Florida Statutes, to read:

28         101.294  Purchase and sale of voting equipment.--

29         (4)  A vendor of voting equipment may not provide an

30  uncertified voting system, voting system component, or voting

31  

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 1  system upgrade to a governing body or supervisor of elections

 2  in this state.

 3         (5)  Before or in conjunction with providing a voting

 4  system, voting system component, or voting system upgrade, the

 5  vendor shall provide the governing body or supervisor of

 6  elections with a sworn certification that the voting system,

 7  voting system component, or voting system upgrade being

 8  provided has been certified by the Division of Elections.

 9         Section 16.  Section 101.295, Florida Statutes, is

10  amended to read:

11         101.295  Penalties for violation.--

12         (1)  Any member of a governing body which purchases or

13  sells voting equipment in violation of the provisions of ss.

14  101.292-101.295, which member knowingly votes to purchase or

15  sell voting equipment in violation of the provisions of ss.

16  101.292-101.295, is guilty of a misdemeanor of the first

17  degree, punishable as provided by s. 775.082 or s. 775.083,

18  and shall be subject to suspension from office on the grounds

19  of malfeasance.

20         (2)  Any vendor, chief executive officer, or vendor

21  representative of voting equipment who provides a voting

22  system, voting system component, or voting system upgrade in

23  violation of this chapter commits a felony of the third

24  degree, punishable as provided in s. 775.082, s. 775.083, or

25  s. 775.084.

26         Section 17.  Effective January 1, 2006, subsection (4)

27  of section 101.5606, Florida Statutes, is amended, and

28  subsection (16) is added to that section, to read:

29         101.5606  Requirements for approval of systems.--No

30  electronic or electromechanical voting system shall be

31  

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 1  approved by the Department of State unless it is so

 2  constructed that:

 3         (4)  For systems using marksense paper ballots, it

 4  accepts a rejected ballot pursuant to subsection (3) if a

 5  voter chooses to cast the ballot, but records no vote for any

 6  office that has been overvoted or undervoted.

 7         (16)  All electronic voter interface devices are

 8  capable of allowing voters to cast both regular and

 9  provisional ballots while allowing the elections administrator

10  to preserve the secrecy of voted ballots.

11         Section 18.  Subsection (1) of section 101.595, Florida

12  Statutes, is amended to read:

13         101.595  Analysis and reports of voting problems.--

14         (1)  No later than December 15 of each general election

15  year, the supervisor of elections in each county shall report

16  to the Department of State the total number of overvotes and

17  undervotes in either the presidential or the gubernatorial

18  race, whichever is applicable first race appearing on the

19  ballot pursuant to s. 101.151(2), along with the likely

20  reasons for such overvotes and undervotes and other

21  information as may be useful in evaluating the performance of

22  the voting system and identifying problems with ballot design

23  and instructions which may have contributed to voter

24  confusion.

25         Section 19.  Subsection (1) of section 101.6103,

26  Florida Statutes, is amended, present subsection (6) of that

27  section is renumbered as subsection (7), and a new subsection

28  (6) is added to that section to read:

29         101.6103  Mail ballot election procedure.--

30         (1)  Except as otherwise provided in subsection (7)

31  (6), the supervisor of elections shall mail all official

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 1  ballots with a secrecy envelope, a return mailing envelope,

 2  and instructions sufficient to describe the voting process to

 3  each elector entitled to vote in the election not sooner than

 4  the 20th day before the election and not later than the 10th

 5  day before the date of the election.  All such ballots shall

 6  be mailed by first-class mail. Ballots shall be addressed to

 7  each elector at the address appearing in the registration

 8  records and placed in an envelope which is prominently marked

 9  "Do Not Forward."

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

11  mail ballots at 7 a.m. on the fourth day before the election,

12  including processing the ballots through the tabulating

13  equipment. However, results may not be released until after 7

14  p.m. on election day. Any canvassing board member or election

15  employee who releases any result prior 7 p.m. on election day

16  commits a felony of the third degree, punishable as provided

17  in s. 775.082, s. 775.083, or s. 775.084.

18         Section 20.  Section 101.62, Florida Statutes, is

19  amended to read:

20         101.62  Request for absentee ballots.--

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

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

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

24  sufficient to receive an absentee ballot for all elections

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

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

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

28  absentee ballot. Such request may be considered canceled when

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

30  returned as undeliverable.

31  

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

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

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

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

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

 6  same meaning as specified in paragraph (3)(b) (4)(b).  The

 7  person making the request must disclose:

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

 9  requested;

10         2.  The elector's address;

11         3.  The elector's date of birth;

12         4.  The requester's name;

13         5.  The requester's address;

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

15  available;

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

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

18         (2)  If a request for an absentee ballot is received

19  after the Friday before the election by the supervisor of

20  elections from an absent elector overseas, the supervisor

21  shall send a notice to the elector acknowledging receipt of

22  his or her request and notifying the elector that the ballot

23  will not be forwarded due to insufficient time for return of

24  the ballot by the required deadline.

25         (2)(3)  For each request for an absentee ballot

26  received, the supervisor shall record the date the request was

27  made, the date the absentee ballot was delivered or mailed,

28  the date the ballot was received by the supervisor, and such

29  other information he or she may deem necessary.  This

30  information shall be confidential and exempt from the

31  provisions of s. 119.07(1) and shall be made available to or

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 1  reproduced only for a canvassing board, an election official,

 2  a political party or official thereof, a candidate who has

 3  filed qualification papers and is opposed in an upcoming

 4  election, and registered political committees or registered

 5  committees of continuous existence, for political purposes

 6  only.

 7         (3)(4)(a)  To each absent qualified elector overseas

 8  who has requested an absentee ballot, the supervisor of

 9  elections shall, not fewer than 35 days before the first

10  primary election, mail an absentee ballot.  Not fewer than 45

11  days before the second primary and general election, the

12  supervisor of elections shall mail an absentee ballot. If the

13  regular absentee ballots are not available, the supervisor

14  shall mail an advance absentee ballot to those persons

15  requesting ballots for such elections.  The advance absentee

16  ballot for the second primary shall be the same as the first

17  primary absentee ballot as to the names of candidates, except

18  that for any offices where there are only two candidates,

19  those offices and all political party executive committee

20  offices shall be omitted.  Except as provided in s. 99.063(4),

21  the advance absentee ballot for the general election shall be

22  as specified in s. 101.151, except that in the case of

23  candidates of political parties where nominations were not

24  made in the first primary, the names of the candidates placing

25  first and second in the first primary election shall be

26  printed on the advance absentee ballot. The advance absentee

27  ballot or advance absentee ballot information booklet shall be

28  of a different color for each election and also a different

29  color from the absentee ballots for the first primary, second

30  primary, and general election.  The supervisor shall mail an

31  advance absentee ballot for the second primary and general

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 1  election to each qualified absent elector for whom a request

 2  is received until the absentee ballots are printed.  The

 3  supervisor shall enclose with the advance second primary

 4  absentee ballot and advance general election absentee ballot

 5  an explanation stating that the absentee ballot for the

 6  election will be mailed as soon as it is printed; and, if both

 7  the advance absentee ballot and the absentee ballot for the

 8  election are returned in time to be counted, only the absentee

 9  ballot will be counted. The Department of State may prescribe

10  by rule the requirements for preparing and mailing absentee

11  ballots to absent qualified electors overseas.

12         (b)  As soon as the remainder of the absentee ballots

13  are printed, the supervisor shall provide an absentee ballot

14  to each elector by whom a request for that ballot has been

15  made by one of the following means:

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

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

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

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

20  plan to return before the day of the election;

21         b.  The elector is temporarily unable to occupy the

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

23  emergency or natural disaster; or

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

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

26  facility, or correctional facility,

27  

28  in which case the supervisor shall mail the ballot by

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

30  address the elector specifies in the request.

31  

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

 2  vote by absentee ballot under the Uniformed and Overseas

 3  Citizens Absentee Voting Act.

 4         3.  By personal delivery to the elector, upon

 5  presentation of the identification required in s. 101.657.

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

 7  4 days prior to the day of an election. Any elector may

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

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

10  than two absentee ballots per election, other than the

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

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

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

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

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

16  designee shall provide to the supervisor the written

17  authorization by the elector and a picture identification of

18  the designee and must complete an affidavit.  The designee

19  shall state in the affidavit that the designee is authorized

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

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

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

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

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

25  signature of the elector on the written authorization matches

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

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

28         (4)(5)  In the event that the Elections Canvassing

29  Commission is unable to certify the results of an election for

30  a state office in time to comply with subsection (4), the

31  

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 1  Department of State is authorized to prescribe rules for a

 2  ballot to be sent to absent electors overseas.

 3         (5)(6)  Nothing other than the materials necessary to

 4  vote absentee shall be mailed or delivered with any absentee

 5  ballot.

 6         Section 21.  Section 101.64, Florida Statutes, is

 7  amended to read:

 8         101.64  Delivery of absentee ballots; envelopes;

 9  form.--

10         (1)  The supervisor shall enclose with each absentee

11  ballot two envelopes:  a secrecy envelope, into which the

12  absent elector shall enclose his or her marked ballot; and a

13  mailing envelope, into which the absent elector shall then

14  place the secrecy envelope, which shall be addressed to the

15  supervisor and also bear on the back side a certificate in

16  substantially the following form:

17  

18         Note:  Please Read Instructions Carefully Before

19        Marking Ballot and Completing Voter's Certificate.

20  

21                       VOTER'S CERTIFICATE

22         I, ...., do solemnly swear or affirm that I am a

23  qualified and registered voter of .... County, Florida, and

24  that I have not and will not vote more than one ballot in this

25  election. I understand that if I commit or attempt to commit

26  any fraud in connection with voting, vote a fraudulent ballot,

27  or vote more than once in an election, I can be convicted of a

28  felony of the third degree and fined up to $5,000 and/or

29  imprisoned for up to 5 years.  I also understand that failure

30  to sign this certificate and have my signature properly

31  witnessed will invalidate my ballot.

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 1  

 2  ...(Date)...                         ...(Voter's Signature)...

 3  

 4  Note: Your Signature Must Be Witnessed By One Witness 18 Years

 5  of Age or Older as provided in the Instruction Sheet.

 6  

 7  I swear or affirm that the voter signed this Voter's

 8  Certificate in my presence.

 9  

10  ...(Signature of Witness)...

11  

12  ...(Address)...

13                                              ...(City/State)...

14  

15         (2)  The certificate shall be arranged on the back of

16  the mailing envelope so that the lines for the signatures of

17  the absent elector and the attesting witness are across the

18  seal of the envelope; however, no statement shall appear on

19  the envelope which indicates that a signature of the voter or

20  witness must cross the seal of the envelope.  The absent

21  elector and the attesting witness shall execute the

22  certificate on the envelope.

23         (3)  In lieu of the voter's certificate provided in

24  this section, the supervisor of elections shall provide each

25  person voting absentee under the Uniformed and Overseas

26  Citizens Absentee Voting Act with the standard oath prescribed

27  by the presidential designee. Witness information is not

28  required of these voters.

29         Section 22.  Paragraph (c) of subsection (2) of section

30  101.68, Florida Statutes, is amended to read:

31         101.68  Canvassing of absentee ballot.--

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 1         (2)

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

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

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

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

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

 7  absentee ballot. An absentee ballot shall be considered

 8  illegal if it does not include the signature of the elector,

 9  as shown by the registration records, and, except for voters

10  using the standard oath as required by s. 101.64(3), the

11  signature and address of an attesting witness. However, an

12  absentee ballot shall not be considered illegal if the

13  signature of the elector or attesting witness does not cross

14  the seal of the mailing envelope. If the canvassing board

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

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

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

18  ballot contained therein shall be preserved in the manner that

19  official ballots voted are preserved.

20         2.  If any elector or candidate present believes that

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

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

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

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

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

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

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

28  has been removed from the mailing envelope.

29         Section 23.  Section 101.6923, Florida Statutes, is

30  amended to read:

31  

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 1         101.6923  Special absentee ballot instructions for

 2  certain first-time voters.--

 3         (1)  The provisions of this section apply to voters who

 4  registered to vote by mail, who have not previously voted in

 5  the county, and who have not provided the identification or

 6  information required by s. 97.0535 by the time the absentee

 7  ballot is mailed.

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

 9  with the following printed instructions with his or her

10  absentee ballot in substantially the following form:

11  

12         READ THESE INSTRUCTIONS CAREFULLY BEFORE

13         MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE

14         INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO

15         COUNT.

16  

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

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

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

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

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

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

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

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

25  or write.

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

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

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

29  vote in that race will not be counted.

30         4.  Place your marked ballot in the enclosed secrecy

31  envelope and seal the envelope.

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 1         5.  Insert the secrecy envelope into the enclosed

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

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

 4  the envelope.

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

 6  Signature).

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

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

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

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

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

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

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

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

15  identification:

16         a.  Identification which must include your name and

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

18  Florida identification card issued by the Department of

19  Highway Safety and Motor Vehicles; United States passport;

20  employee badge or identification; buyer's club identification

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

22  identification; retirement center identification; neighborhood

23  association identification; entertainment identification; or

24  public assistance identification; or

25         b.  Identification which shows your name and current

26  residence address: current utility bill, bank statement,

27  government check, paycheck, or government document (excluding

28  voter identification card).

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

30  apply if you meet one of the following requirements:

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

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 1         b.  You have a temporary or permanent physical

 2  disability.

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

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

 5  the county on election day.

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

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

 8  the county on election day.

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

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

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

12  the county on election day.

13         f.  You are currently residing outside the United

14  States.

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

16  into the mailing envelope addressed to the supervisor. Insert

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

18  PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE

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

20  CERTIFICATE OR YOUR BALLOT WILL NOT COUNT.

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

22  mailing envelope. Be sure there is sufficient postage if

23  mailed.

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

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

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

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

28  or under any other circumstances making your ballot false or

29  fraudulent.

30         Section 24.  Subsection (3) of section 101.694, Florida

31  Statutes, is amended to read:

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 1         101.694  Mailing of ballots upon receipt of federal

 2  postcard application.--

 3         (3)  Absentee envelopes printed for overseas voters

 4  shall meet the specifications as determined by the Division of

 5  Elections in conjunction with the Federal Voting Assistance

 6  Program of the United States Department of Defense and the

 7  United States Postal Service. There shall be printed across

 8  the face of each envelope in which a ballot is sent to a

 9  federal postcard applicant, or is returned by such applicant

10  to the supervisor, two parallel horizontal red bars, each

11  one-quarter inch wide, extending from one side of the envelope

12  to the other side, with an intervening space of one-quarter

13  inch, the top bar to be 1 1/4  inches from the top of the

14  envelope, and with the words "Official Election Balloting

15  Material-via Air Mail," or similar language, between the bars.

16  There shall be printed in the upper right corner of each such

17  envelope, in a box, the words "Free of U. S. Postage,

18  including Air Mail."  All printing on the face of each

19  envelope shall be in red, and there shall be printed in red in

20  the upper left corner of each ballot envelope an appropriate

21  inscription or blanks for return address of sender.

22  Additional specifications may be prescribed by rule of the

23  Division of Elections upon recommendation of the presidential

24  designee under the Uniformed and Overseas Citizens Absentee

25  Voting Act. Otherwise, the envelopes shall be the same as

26  those used in sending ballots to, or receiving them from,

27  other absentee voters.

28         Section 25.  Section 101.697, Florida Statutes, is

29  amended to read:

30         101.697  Electronic transmission of election

31  materials.--The Department of State shall adopt rules to

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 1  authorize a supervisor of elections to accept a request for an

 2  absentee ballot and a voted absentee ballot by facsimile

 3  machine or other electronic means from overseas voters if the

 4  department can be assured that the security of the

 5  transmission of the ballot is able to be established. The

 6  rules must provide that in order to accept a voted ballot, the

 7  verification of the voter must be established, the security of

 8  the transmission must be established, and each ballot received

 9  must be recorded.

10         Section 26.  Section 102.012, Florida Statutes, is

11  amended to read:

12         102.012  Inspectors and clerks to conduct elections.--

13         (1)  The supervisor of elections of each county, at

14  least 20 days prior to the holding of any election, shall

15  appoint an two election board boards for each precinct in the

16  county; however, the supervisor of elections may, in any

17  election, appoint one election board if the supervisor has

18  reason to believe that only one is necessary.  The clerk shall

19  be in charge of, and responsible for, seeing that the election

20  board carries out its duties and responsibilities. Each

21  inspector and each clerk shall take and subscribe to an oath

22  or affirmation, which shall be written or printed, to the

23  effect that he or she will perform the duties of inspector or

24  clerk of election, respectively, according to law and will

25  endeavor to prevent all fraud, deceit, or abuse in conducting

26  the election. The oath may be taken before an officer

27  authorized to administer oaths or before any of the persons

28  who are to act as inspectors, one of them to swear the others,

29  and one of the others sworn thus, in turn, to administer the

30  oath to the one who has not been sworn.  The oaths shall be

31  returned with the poll list and the returns of the election to

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 1  the supervisor. In all questions that may arise before the

 2  members of an election board, the decision of a majority of

 3  them shall decide the question.  The supervisor of elections

 4  of each county shall be responsible for the attendance and

 5  diligent performance of his or her duties by each clerk and

 6  inspector.

 7         (2)  Each member of the election board shall be able to

 8  read and write the English language and shall be a registered

 9  qualified elector of the county in which the member is

10  appointed or a person who has preregistered to vote, pursuant

11  to s. 97.041(1)(b), in the county in which the member is

12  appointed. No election board shall be composed solely of

13  members of one political party; however, in any primary in

14  which only one party has candidates appearing on the ballot,

15  all clerks and inspectors may be of that party. Any person

16  whose name appears as an opposed candidate for any office

17  shall not be eligible to serve on an election board.

18         (3)  The supervisor shall furnish inspectors of

19  election for each precinct with the registration books divided

20  alphabetically as will best facilitate the holding of an

21  election.  The supervisor shall also furnish to the inspectors

22  of election at the polling place at each precinct in the

23  supervisor's county a sufficient number of forms and blanks

24  for use on election day.

25         (4)(a)  The election board of each precinct shall

26  attend the polling place by 6 a.m. of the day of the election

27  and shall arrange the furniture, stationery, and voting

28  equipment.

29         (b)  The An election board shall conduct the voting,

30  beginning and closing at the time set forth in s. 100.011. If

31  more than one board has been appointed, the second board

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 1  shall, upon the closing of the polls, come on duty and count

 2  the votes cast. In such case, the first board shall turn over

 3  to the second board all closed ballot boxes, registration

 4  books, and other records of the election at the time the

 5  boards change.  The second board shall continue counting until

 6  the count is complete or until 7 a.m. the next morning, and,

 7  if the count is not completed at that time, the first board

 8  that conducted the election shall again report for duty and

 9  complete the count. The second board shall turn over to the

10  first board all ballots counted, all ballots not counted, and

11  all registration books and other records and shall advise the

12  first board as to what has transpired in tabulating the

13  results of the election.

14         (5)  In precincts in which there are more than 1,000

15  registered electors, the supervisor of elections shall appoint

16  additional election boards necessary for the election.

17         (6)  In any precinct in which there are fewer than 300

18  registered electors, it is not necessary to appoint two

19  election boards, but one such board will suffice.  Such board

20  shall be composed of at least one inspector and one clerk.

21         Section 27.  Section 102.111, Florida Statutes, is

22  amended to read:

23         102.111  Elections Canvassing Commission.--

24         (1)  The Elections Canvassing Commission shall consist

25  of the Governor and two members of the Cabinet selected by the

26  Governor. If a member of the Elections Canvassing Commission

27  is unable to serve for any reason, the Governor shall appoint

28  a remaining member of the Cabinet. If there is a further

29  vacancy, the remaining members of the commission shall agree

30  on another elected official to fill the vacancy. The Elections

31  Canvassing Commission shall, as soon as the official results

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 1  are compiled from all counties, certify the returns of the

 2  election and determine and declare who has been elected for

 3  each federal, state, and multicounty office.

 4         (2)  The Division of Elections shall provide the staff

 5  services required by the Elections Canvassing Commission.

 6         (3)  The Elections Canvassing Commission may delegate

 7  the authority to order recounts pursuant to ss. 102.141(6) and

 8  102.166 to the chief election officer.

 9         Section 28.  Section 102.071, Florida Statutes, is

10  amended to read:

11         102.071  Tabulation of votes and proclamation of

12  results where ballots are used.--The election board shall post

13  at the polls, for the benefit of the public, the results of

14  the voting for each office or other item on the ballot as the

15  count is completed.  Upon completion of all counts in all

16  races, a certificate triplicate certificates of the results

17  shall be drawn up by the inspectors and clerk at each precinct

18  upon a form provided by the supervisor of elections which

19  shall contain the name of each person voted for, for each

20  office, and the number of votes cast for each person for such

21  office; and, if any question is submitted, the certificate

22  shall also contain the number of votes cast for and against

23  the question.  The certificate shall be signed by the

24  inspectors and clerk, and one of the certificates shall be

25  delivered without delay by one of the inspectors, securely

26  sealed, to the supervisor for immediate publication; the

27  duplicate copy of the certificate shall be delivered to the

28  county court judge; and the remaining copy shall be enclosed

29  in the ballot box together with the oaths of inspectors and

30  clerks.  All the ballot boxes, ballots, ballot stubs,

31  memoranda, and papers of all kinds used in the election shall

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 1  also be transmitted, after being sealed by the inspectors, to

 2  with the certificates of result of the election to be filed in

 3  the supervisor's office. Registration books and the poll lists

 4  shall not be placed in the ballot boxes but shall be returned

 5  to the supervisor.

 6         Section 29.  Subsections (3), (4), (5), (6), and (8) of

 7  section 102.141, Florida Statutes, are amended to read:

 8         102.141  County canvassing board; duties.--

 9         (3)  The canvass, except the canvass of absentee

10  electors' returns and the canvass of provisional ballots,

11  shall be made from the returns and certificates of the

12  inspectors as signed and filed by them with the county court

13  judge and supervisor, respectively, and the county canvassing

14  board shall not change the number of votes cast for a

15  candidate, nominee, constitutional amendment, or other measure

16  submitted to the electorate of the county, respectively, in

17  any polling place, as shown by the returns.  All returns shall

18  be made to the board on or before 2 a.m. of the day following

19  any primary, general, special, or other election.  If the

20  returns from any precinct are missing, if there are any

21  omissions on the returns from any precinct, or if there is an

22  obvious error on any such returns, the canvassing board shall

23  order a retabulation recount of the returns from such

24  precinct.  Before canvassing such returns, the canvassing

25  board shall examine the tabulation of the ballots cast in such

26  precinct and determine whether the returns correctly reflect

27  the votes cast.  If there is a discrepancy between the returns

28  and the tabulation of the ballots cast, the tabulation of the

29  ballots cast shall be presumed correct and such votes shall be

30  canvassed accordingly.

31  

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 1         (4)  The canvassing board shall submit unofficial

 2  returns on forms or formats provided by the division to the

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

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

 5  second day after any primary, general, special, or other

 6  election.  Such returns shall include the canvass of all

 7  ballots as required by subsection (2).

 8         (5)  If the county canvassing board determines that the

 9  unofficial returns may contain a counting error in which the

10  vote tabulation system failed to count votes that were

11  properly marked in accordance with the instructions on the

12  ballot, the county canvassing board shall:

13         (a)  Correct the error and retabulate recount the

14  affected ballots with the vote tabulation system; or

15         (b)  Request that the Department of State verify the

16  tabulation software.  When the Department of State verifies

17  such software, the department shall compare the software used

18  to tabulate the votes with the software filed with the

19  department pursuant to s. 101.5607 and check the election

20  parameters.

21         (6)  If the unofficial returns reflect that a candidate

22  for any office was defeated or eliminated by one-half of a

23  percent or less of the votes cast for such office, that a

24  candidate for retention to a judicial office was retained or

25  not retained by one-half of a percent or less of the votes

26  cast on the question of retention, or that a measure appearing

27  on the ballot was approved or rejected by one-half of a

28  percent or less of the votes cast on such measure, the board

29  responsible for certifying the results of the vote on such

30  race or measure shall order a recount of the votes cast with

31  respect to such office or measure. The county canvassing board

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 1  is the board responsible for ordering county and local

 2  recounts. The Elections Canvassing Commission is the board

 3  responsible for ordering federal, state, and multicounty

 4  recounts. A recount need not be ordered with respect to the

 5  returns for any office, however, if the candidate or

 6  candidates defeated or eliminated from contention for such

 7  office by one-half of a percent or less of the votes cast for

 8  such office request in writing that a recount not be made.

 9         (a)  In counties with voting systems that use paper

10  ballots, Each canvassing board responsible for conducting a

11  recount shall put each marksense ballot through automatic

12  tabulating equipment and determine whether the returns

13  correctly reflect the votes cast. If any marksense paper

14  ballot is physically damaged so that it cannot be properly

15  counted by the automatic tabulating equipment during the

16  recount, a true duplicate shall be made of the damaged ballot

17  pursuant to the procedures in s. 101.5614(5). Immediately

18  before the start of the recount and after completion of the

19  count, a test of the tabulating equipment shall be conducted

20  as provided in s. 101.5612. If the test indicates no error,

21  the recount tabulation of the ballots cast shall be presumed

22  correct and such votes shall be canvassed accordingly. If an

23  error is detected, the cause therefor shall be ascertained and

24  corrected and the recount repeated, as necessary. The

25  canvassing board shall immediately report the error, along

26  with the cause of the error and the corrective measures being

27  taken, to the Department of State. No later than 11 days after

28  the election, the canvassing board shall file a separate

29  incident report with the Department of State, detailing the

30  resolution of the matter and identifying any measures that

31  will avoid a future recurrence of the error.

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 1         (b)  In counties with voting systems that do not use

 2  paper ballots, Each canvassing board responsible for

 3  conducting a recount where touchscreen ballots were used shall

 4  examine the counters on the precinct tabulators to ensure that

 5  the total of the returns on the precinct tabulators equals the

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

 7  overall election return and the counters of the precinct

 8  tabulators, the counters of the precinct tabulators shall be

 9  presumed correct and such votes shall be canvassed

10  accordingly.

11         (c)  The canvassing board shall submit a second set of

12  unofficial returns on forms or formats provided by the

13  division to the Department of State for each federal,

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

15  later than noon on the fourth third day after any election in

16  which a recount was conducted pursuant to this subsection. If

17  the canvassing board is unable to complete the recount

18  prescribed in this subsection by the deadline, the second set

19  of unofficial returns submitted by the canvassing board shall

20  be identical to the initial unofficial returns and the

21  submission shall also include a detailed explanation of why it

22  was unable to timely complete the recount. However, the

23  canvassing board shall complete the recount prescribed in this

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

25  102.166, and certify election returns in accordance with the

26  requirements of this chapter.

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

28  prescribing additional recount procedures for each certified

29  voting system, which shall be uniform to the extent

30  practicable.

31  

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 1         (8)  At the same time that the official results of an

 2  election are certified to the Department of State, the county

 3  canvassing board shall file a report with the Division of

 4  Elections on the conduct of the election.  The report shall

 5  contain information relating to any problems incurred as a

 6  result of equipment malfunctions either at the precinct level

 7  or at a counting location, any difficulties or unusual

 8  circumstances encountered by an election board or the

 9  canvassing board, and any other additional information which

10  the canvassing board feels should be made a part of the

11  official election record. Such reports shall be maintained on

12  file in the Division of Elections and shall be available for

13  public inspection.  The division shall utilize the reports

14  submitted by the canvassing boards to determine what problems

15  may be likely to occur in other elections and disseminate such

16  information, along with possible solutions, to the supervisors

17  of elections.

18         Section 30.  Section 102.166, Florida Statutes, is

19  amended to read:

20         102.166  Manual recounts.--

21         (1)  If the second set of unofficial returns pursuant

22  to s. 102.141 indicates that a candidate for any office was

23  defeated or eliminated by one-quarter of a percent or less of

24  the votes cast for such office, that a candidate for retention

25  to a judicial office was retained or not retained by

26  one-quarter of a percent or less of the votes cast on the

27  question of retention, or that a measure appearing on the

28  ballot was approved or rejected by one-quarter of a percent or

29  less of the votes cast on such measure, the board responsible

30  for certifying the results of the vote on such race or measure

31  shall order a manual recount of the overvotes and undervotes

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 1  on the marksense ballots cast in the entire geographic

 2  jurisdiction of such office or ballot measure. However, a

 3  manual recount may not be ordered if the number of overvotes

 4  and undervotes is fewer than the number of votes needed to

 5  change the outcome of the election. A manual recount may not

 6  be conducted of undervotes on touchscreen machines.

 7         (2)(a)  If the second set of unofficial returns

 8  pursuant to s. 102.141 indicates that a candidate for any

 9  office was defeated or eliminated by between one-quarter and

10  one-half of a percent of the votes cast for such office, that

11  a candidate for retention to judicial office was retained or

12  not retained by between one-quarter and one-half of a percent

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

14  measure appearing on the ballot was approved or rejected by

15  between one-quarter and one-half of a percent of the votes

16  cast on such measure, any such candidate, the political party

17  of such candidate, or any political committee that supports or

18  opposes such ballot measure is entitled to a manual recount of

19  only the overvotes and undervotes on the marksense ballots

20  cast in the entire geographic jurisdiction of such office or

21  ballot measure, provided that a request for a manual recount

22  is made by 5 p.m. on the third day after the election.

23         (b)  For federal, statewide, state, and multicounty

24  races and ballot issues, requests for a manual recount shall

25  be made in writing to the state Elections Canvassing

26  Commission.  For all other races and ballot issues, requests

27  for a manual recount shall be made in writing to the county

28  canvassing board.

29         (c)  Upon receipt of a proper and timely request, the

30  Elections Canvassing Commission or county canvassing board

31  shall immediately order a manual recount of overvotes and

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 1  undervotes on the marksense ballots in all affected

 2  jurisdictions. However, a manual recount may not be ordered if

 3  the number of overvotes and undervotes is fewer than the

 4  number of votes needed to change the outcome of the election.

 5         (3)(a)  Any hardware or software used to identify and

 6  sort overvotes and undervotes for a given race or ballot

 7  measure must be certified by the Department of State as part

 8  of the voting system pursuant to s. 101.015. Any such hardware

 9  or software must be capable of simultaneously counting votes.

10  For certified voting systems, the department shall certify

11  such hardware or software by July 1, 2002.  If the department

12  is unable to certify such hardware or software for a certified

13  voting system by July 1, 2002, the department shall adopt

14  rules prescribing procedures for identifying and sorting such

15  overvotes and undervotes. The department's rules may provide

16  for the temporary use of hardware or software whose sole

17  function is identifying and sorting overvotes and undervotes.

18         (b)  This subsection does not preclude the department

19  from certifying hardware or software after July 1, 2002.

20         (c)  Overvotes and undervotes shall be identified and

21  sorted while recounting ballots pursuant to s. 102.141, if the

22  hardware or software for this purpose has been certified or

23  the department's rules so provide.

24         (4)  Any manual recount shall be open to the public.

25         (5)(a)  A vote for a candidate or ballot measure shall

26  be counted if there is a clear indication on the ballot that

27  the voter has made a definite choice.

28         (b)  The Department of State shall adopt specific rules

29  for marksense ballots each certified voting system prescribing

30  what constitutes a "clear indication on the ballot that the

31  voter has made a definite choice."  The rules may not:

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 1         1.  Exclusively provide that the voter must properly

 2  mark or designate his or her choice on the ballot; or

 3         2.  Contain a catch-all provision that fails to

 4  identify specific standards, such as "any other mark or

 5  indication clearly indicating that the voter has made a

 6  definite choice."

 7         (6)  Procedures for a manual recount are as follows:

 8         (a)  The county canvassing board shall appoint as many

 9  counting teams of at least two electors as is necessary to

10  manually recount the ballots. A counting team must have, when

11  possible, members of at least two political parties. A

12  candidate involved in the race shall not be a member of the

13  counting team.

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

15  101.5614(5) or s. 102.141(6) shall be compared with the

16  original ballot to ensure the correctness of the duplicate.

17         (c)  If a counting team is unable to determine whether

18  the ballot contains a clear indication that the voter has made

19  a definite choice, the ballot shall be presented to the county

20  canvassing board for a determination.

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

22  prescribing additional recount procedures for marksense

23  ballots each certified voting system which shall be uniform to

24  the extent practicable. The rules shall address, at a minimum,

25  the following areas:

26         1.  Security of ballots during the recount process;

27         2.  Time and place of recounts;

28         3.  Public observance of recounts;

29         4.  Objections to ballot determinations;

30         5.  Record of recount proceedings; and

31  

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 1         6.  Procedures relating to candidate and petitioner

 2  representatives.

 3         Section 31.  Section 102.168, Florida Statutes, is

 4  amended to read:

 5         102.168  Contest of election.--

 6         (1)  Except as provided in s. 102.171, the

 7  certification of election or nomination of any person to

 8  office, or of the result on any question submitted by

 9  referendum, may be contested in the circuit court by any

10  unsuccessful candidate for such office or nomination thereto

11  or by any elector qualified to vote in the election related to

12  such candidacy, or by any taxpayer, respectively.

13         (2)  Such contestant shall file a complaint, together

14  with the fees prescribed in chapter 28, with the clerk of the

15  circuit court within 10 days after midnight of the date the

16  last board responsible for certifying the results officially

17  county canvassing board empowered to canvass the returns

18  certifies the results of the election being contested.

19         (3)  The complaint shall set forth the grounds on which

20  the contestant intends to establish his or her right to such

21  office or set aside the result of the election on a submitted

22  referendum. The grounds for contesting an election under this

23  section are:

24         (a)  Misconduct, fraud, or corruption on the part of

25  any election official or any member of the canvassing board

26  sufficient to change or place in doubt the result of the

27  election.

28         (b)  Ineligibility of the successful candidate for the

29  nomination or office in dispute.

30  

31  

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 1         (c)  Receipt of a number of illegal votes or rejection

 2  of a number of legal votes sufficient to change or place in

 3  doubt the result of the election.

 4         (d)  Proof that any elector, election official, or

 5  canvassing board member was given or offered a bribe or reward

 6  in money, property, or any other thing of value for the

 7  purpose of procuring the successful candidate's nomination or

 8  election or determining the result on any question submitted

 9  by referendum.

10         (4)  The county canvassing board or Elections

11  Canvassing Commission is an indispensable and shall be the

12  proper party defendant in county and local elections and the

13  Elections Canvassing Commission is an indispensable and proper

14  party defendant in federal, state, and multicounty races, and

15  the successful candidate is shall be an indispensable party to

16  any action brought to contest the election or nomination of a

17  candidate.

18         (5)  A statement of the grounds of contest may not be

19  rejected, nor the proceedings dismissed, by the court for any

20  want of form if the grounds of contest provided in the

21  statement are sufficient to clearly inform the defendant of

22  the particular proceeding or cause for which the nomination or

23  election is contested.

24         (6)  A copy of the complaint shall be served upon the

25  defendant and any other person named therein in the same

26  manner as in other civil cases under the laws of this state.

27  Within 10 days after the complaint has been served, the

28  defendant must file an answer admitting or denying the

29  allegations on which the contestant relies or stating that the

30  defendant has no knowledge or information concerning the

31  allegations, which shall be deemed a denial of the

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 1  allegations, and must state any other defenses, in law or

 2  fact, on which the defendant relies. If an answer is not filed

 3  within the time prescribed, the defendant may not be granted a

 4  hearing in court to assert any claim or objection that is

 5  required by this subsection to be stated in an answer.

 6         (7)  Any candidate, qualified elector, or taxpayer

 7  presenting such a contest to a circuit judge is entitled to an

 8  immediate hearing. However, the court in its discretion may

 9  limit the time to be consumed in taking testimony, with a view

10  therein to the circumstances of the matter and to the

11  proximity of any succeeding election.

12         Section 32.  Subsection (3) of section 105.031, Florida

13  Statutes, is amended to read:

14         105.031  Qualification; filing fee; candidate's oath;

15  items required to be filed.--

16         (3)  QUALIFYING FEE.--Each candidate qualifying for

17  election to a judicial office or the office of school board

18  member, except write-in judicial or school board candidates,

19  shall, during the time for qualifying, pay to the officer with

20  whom he or she qualifies a qualifying fee, which shall consist

21  of a filing fee and an election assessment, or qualify by the

22  alternative method. The amount of the filing fee is 3 percent

23  of the annual salary of the office sought. The amount of the

24  election assessment is 1 percent of the annual salary of the

25  office sought.  The Department of State shall forward all

26  filing fees to the Department of Revenue for deposit in the

27  Elections Commission Trust Fund.  The supervisor of elections

28  shall forward all filing fees to the Elections Commission

29  Trust Fund.  The election assessment shall be deposited into

30  the Elections Commission Trust Fund.  The annual salary of the

31  office for purposes of computing the qualifying fee shall be

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 1  computed by multiplying 12 times the monthly salary authorized

 2  for such office as of July 1 immediately preceding the first

 3  day of qualifying.  This subsection shall not apply to

 4  candidates qualifying for retention to judicial office.

 5         Section 33.  Effective January 1, 2005, section

 6  105.035, Florida Statutes, is amended to read:

 7         105.035  Alternative method of qualifying for certain

 8  judicial offices and the office of school board member.--

 9         (1)  A person seeking to qualify for election to the

10  office of circuit judge or county court judge or the office of

11  school board member may qualify for election to such office by

12  means of the petitioning process prescribed in this section. A

13  person qualifying by this alternative method shall not be

14  required to pay the qualifying fee required by this chapter. A

15  person using this petitioning process shall file an oath with

16  the officer before whom the candidate would qualify for the

17  office stating that he or she intends to qualify by this

18  alternative method for the office sought. Such oath shall be

19  filed at any time after the first Tuesday after the first

20  Monday in January of the year in which the election is held,

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

22  qualifying period for the office sought. The form of such oath

23  shall be prescribed by the Division of Elections.  No

24  signatures shall be obtained until the person has filed the

25  oath prescribed in this subsection.

26         (2)  Upon receipt of a written oath from a candidate,

27  The qualifying officer shall provide the candidate with a

28  petition format shall be prescribed by the Division of

29  Elections and shall to be used by the candidate to reproduce

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

31  office which will be grouped on the ballot with two or more

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 1  similar offices to be filled at the same election, the

 2  candidate's petition must indicate, prior to the obtaining of

 3  registered electors' signatures, for which group or district

 4  office the candidate is running.

 5         (3)  Each candidate for election to a judicial office

 6  or the office of school board member shall obtain the

 7  signature of a number of qualified electors equal to at least

 8  1 percent of the total number of registered electors of the

 9  district, circuit, county, or other geographic entity

10  represented by the office sought as shown by the compilation

11  by the Department of State for the last preceding general

12  election.   A separate petition shall be circulated for each

13  candidate availing himself or herself of the provisions of

14  this section. Signatures may not be obtained until the

15  candidate has filed the appointment of campaign treasurer and

16  designation of campaign depository pursuant to s. 106.021.

17         (4)(a)  Each candidate seeking to qualify for election

18  to the office of circuit judge or the office of school board

19  member from a multicounty school district pursuant to this

20  section shall file a separate petition from each county from

21  which signatures are sought. Each petition shall be submitted,

22  prior to noon of the 28th 21st day preceding the first day of

23  the qualifying period for the office sought, to the supervisor

24  of elections of the county for which such petition was

25  circulated. Each supervisor of elections to whom a petition is

26  submitted shall check the signatures on the petition to verify

27  their status as electors of that county and of the geographic

28  area represented by the office sought. No later than the 7th

29  day before Prior to the first date for qualifying, the

30  supervisor shall certify the number shown as registered

31  electors and submit such certification to the Division of

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 1  Elections. The division shall determine whether the required

 2  number of signatures has been obtained for the name of the

 3  candidate to be placed on the ballot and shall notify the

 4  candidate. If the required number of signatures has been

 5  obtained, the candidate shall, during the time prescribed for

 6  qualifying for office, submit a copy of such notice and file

 7  his or her qualifying papers and oath prescribed in s. 105.031

 8  with the Division of Elections. Upon receipt of the copy of

 9  such notice and qualifying papers, the division shall certify

10  the name of the candidate to the appropriate supervisor or

11  supervisors of elections as having qualified for the office

12  sought.

13         (b)  Each candidate seeking to qualify for election to

14  the office of county court judge or the office of school board

15  member from a single county school district pursuant to this

16  section shall submit his or her petition, prior to noon of the

17  28th 21st day preceding the first day of the qualifying period

18  for the office sought, to the supervisor of elections of the

19  county for which such petition was circulated. The supervisor

20  shall check the signatures on the petition to verify their

21  status as electors of the county and of the geographic area

22  represented by the office sought. No later than the 7th day

23  before Prior to the first date for qualifying, the supervisor

24  shall determine whether the required number of signatures has

25  been obtained for the name of the candidate to be placed on

26  the ballot and shall notify the candidate. If the required

27  number of signatures has been obtained, the candidate shall,

28  during the time prescribed for qualifying for office, submit a

29  copy of such notice and file his or her qualifying papers and

30  oath prescribed in s. 105.031 with the qualifying officer.

31  Upon receipt of the copy of such notice and qualifying papers,

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 1  such candidate shall be entitled to have his or her name

 2  printed on the ballot.

 3         Section 34.  Present subsection (17) of section

 4  106.011, Florida Statutes, is renumbered as subsection (18),

 5  and a new subsection (17) is added to that section, to read:

 6         106.011  Definitions.--As used in this chapter, the

 7  following terms have the following meanings unless the context

 8  clearly indicates otherwise:

 9         (17)  "Eliminated candidate" means a candidate for

10  elected office who failed to receive a sufficient number of

11  votes to be certified as the winner of an election or as a

12  runoff candidate in an election. A candidate who files a

13  timely contest of an election as provided for in s. 102.168

14  may not be considered eliminated for the purposes of receiving

15  contributions and making expenditures solely for the purpose

16  of paying legal fees and costs associated with the candidate's

17  contest of the election.

18         Section 35.  Effective January 1, 2005, subsections (2)

19  and (3) of section 106.07, Florida Statutes, and subsection

20  (8) of that section, as amended by this act, are amended to

21  read:

22         106.07  Reports; certification and filing.--

23         (2)(a)  All reports required of a candidate by this

24  section shall be filed with the officer before whom the

25  candidate is required by law to qualify. All candidates who

26  file with the Department of State shall file the original and

27  one copy of their reports pursuant to s. 106.0705. In

28  addition, a copy of each report for candidates for other than

29  statewide office who qualify with the Department of State

30  shall be filed with the supervisor of elections in the county

31  where the candidate resides. Except as provided in s.

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 1  106.0705, reports shall be filed not later than 5 p.m. of the

 2  day designated; however, any report postmarked by the United

 3  States Postal Service no later than midnight of the day

 4  designated shall be deemed to have been filed in a timely

 5  manner. A certificate of mailing obtained from and dated by

 6  the United States Postal Service at the time of mailing, or a

 7  receipt from an established courier company, which bears a

 8  date on or before the date on which the report is due, shall

 9  be proof of mailing in a timely manner. Reports shall contain

10  information of all previously unreported contributions

11  received and expenditures made as of the preceding Friday,

12  except that the report filed on the Friday immediately

13  preceding the election shall contain information of all

14  previously unreported contributions received and expenditures

15  made as of the day preceding that designated due date.  All

16  such reports shall be open to public inspection.

17         (b)1.  Any report which is deemed to be incomplete by

18  the officer with whom the candidate qualifies shall be

19  accepted on a conditional basis, and the campaign treasurer

20  shall be notified by registered mail as to why the report is

21  incomplete and be given 3 days from receipt of such notice to

22  file an addendum to the report providing all information

23  necessary to complete the report in compliance with this

24  section. Failure to file a complete report after such notice

25  constitutes a violation of this chapter.

26         2.  In lieu of the notice by registered mail as

27  required in subparagraph 1., the qualifying officer may notify

28  the campaign treasurer by telephone that the report is

29  incomplete and request the information necessary to complete

30  the report.  If, however, such information is not received by

31  the qualifying officer within 3 days of the telephone request

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 1  therefor, notice shall be sent by registered mail as provided

 2  in subparagraph 1.

 3         (3)  Reports required of a political committee shall be

 4  filed with the agency or officer before whom such committee

 5  registers pursuant to s. 106.03(3) and shall be subject to the

 6  same filing conditions as established for candidates' reports.

 7  Only committees that file with the Department of State shall

 8  file the original and one copy of their reports. Incomplete

 9  reports by political committees shall be treated in the manner

10  provided for incomplete reports by candidates in subsection

11  (2).

12         (8)(a)  Any candidate or political committee failing to

13  file a report on the designated due date shall be subject to a

14  fine as provided in paragraph (b) for each late day. The fine

15  shall be assessed by the filing officer and the moneys

16  collected shall be deposited:

17         1.  In the General Revenue Fund, in the case of a

18  candidate for state office or a political committee that

19  registers with the Division of Elections; or

20         2.  In the general revenue fund of the political

21  subdivision, in the case of a candidate for an office of a

22  political subdivision or a political committee that registers

23  with an officer of a political subdivision.

24  

25  No separate fine shall be assessed for failure to file a copy

26  of any report required by this section.

27         (b)  Upon determining that a report is late, the filing

28  officer shall immediately notify the candidate or chair of the

29  political committee as to the failure to file a report by the

30  designated due date and that a fine is being assessed for each

31  late day.  The fine shall be $50 per day for the first 3 days

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 1  late and, thereafter, $500 per day for each late day, not to

 2  exceed 25 percent of the total receipts or expenditures,

 3  whichever is greater, for the period covered by the late

 4  report.  However, for the reports immediately preceding each

 5  primary and general election, the fine shall be $500 per day

 6  for each late day, not to exceed 25 percent of the total

 7  receipts or expenditures, whichever is greater, for the period

 8  covered by the late report. For reports required under s.

 9  106.141(7), the fine is $50 per day for each late day, not to

10  exceed 25 percent of the total receipts or expenditures,

11  whichever is greater, for the period covered by the late

12  report. Upon receipt of the report, the filing officer shall

13  determine the amount of the fine which is due and shall notify

14  the candidate or chair.  The filing officer shall determine

15  the amount of the fine due based upon the earliest of the

16  following:

17         1.  When the report is actually received by such

18  officer.

19         2.  When the report is postmarked.

20         3.  When the certificate of mailing is dated.

21         4.  When the receipt from an established courier

22  company is dated.

23         5.  When the electronic receipt issued pursuant to s.

24  106.0705 is dated.

25  

26  Such fine shall be paid to the filing officer within 20 days

27  after receipt of the notice of payment due, unless appeal is

28  made to the Florida Elections Commission pursuant to paragraph

29  (c). A candidate or an officer or member of a political

30  committee shall not be personally liable for such fine.

31  

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 1         (c)  Any candidate or chair of a political committee

 2  may appeal or dispute the fine, based upon, but not limited

 3  to, unusual circumstances surrounding the failure to file on

 4  the designated due date, and may request and shall be entitled

 5  to a hearing before the Florida Elections Commission, which

 6  shall have the authority to waive the fine in whole or in

 7  part. The Florida Elections Commission must consider the

 8  mitigating and aggravating circumstances in s. 106.265(1) when

 9  determining the amount of the fine, if any, to waive. Any such

10  request shall be made within 20 days after receipt of the

11  notice of payment due.  In such case, the candidate or chair

12  of the political committee shall, within the 20-day period,

13  notify the filing officer in writing of his or her intention

14  to bring the matter before the commission.

15         (d)  The appropriate filing officer shall notify the

16  Florida Elections Commission of the repeated late filing by a

17  candidate or political committee, the failure of a candidate

18  or political committee to file a report after notice, or the

19  failure to pay the fine imposed.

20         Section 36.  Effective January 1, 2005, section

21  106.0705, Florida Statutes, is created to read:

22         106.0705  Electronic filing of campaign treasurer's

23  reports.--

24         (1)  As used in this section, the term "electronic

25  filing system" means an internet system for recording and

26  reporting campaign finance activity by reporting period.

27         (2)(a)  Each candidate who is required to file reports

28  with the division pursuant to s. 106.07 must file such reports

29  with the division by means of the division's electronic filing

30  system.

31  

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 1         (b)  Each political committee, committee of continuous

 2  existence, or state executive committee that is required to

 3  file reports with the division under s. 106.04, s. 106.07, or

 4  s. 106.29, as applicable, must file such reports with the

 5  division by means of the division's electronic filing system.

 6         (c)  Each person or organization that is required to

 7  file reports with the division under s. 106.071 must file such

 8  reports with the division by means of the division's

 9  electronic filing system.

10         (3)  A report filed pursuant to this section must be

11  completed and filed through the electronic filing system not

12  later than midnight of the day designated. A report not filed

13  by midnight of the day designated is a late-filed report and

14  is subject to the penalties under s. 106.04(8), S. 106.07(8),

15  or s. 106.29(3), as applicable.

16         (4)  Each report filed pursuant to this section is

17  considered to be under oath by the candidate and treasurer or

18  the chairman and treasurer, whichever is applicable, and such

19  persons are subject to the provisions of s. 106.04(4)(d), s.

20  106.07(5), or s. 106.29(2), as applicable. Persons given a

21  secure sign-on to the electronic campaign filing system are

22  responsible for protecting it from disclosure and are

23  responsible for all filings using such credentials, unless

24  they have notified the division that their credentials have

25  been compromised.

26         (5)  The electronic filing system developed by the

27  division must:

28         (a)  Be based on access by means of the Internet.

29         (b)  Be accessible by anyone with Internet access using

30  standard web-browsing software.

31  

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 1         (c)  Provide for direct entry of campaign finance

 2  information as well as upload of such information from

 3  campaign finance software certified by the division.

 4         (d)  Provide a method that prevents unauthorized access

 5  to electronic filing system functions.

 6         (6)  The division shall adopt rules to administer this

 7  section and provide for the reports required to be filed

 8  pursuant to this section. Such rules shall, at a minimum,

 9  provide:

10         (a)  Alternate filing procedures in case the division's

11  electronic filing system is not operable.

12         (b)  For the issuance of an electronic receipt to the

13  person submitting the report indicating and verifying that the

14  report has been filed.

15         Section 37.  Section 106.075, Florida Statutes, is

16  amended to read:

17         106.075  Elected officials; report of loans made in

18  year preceding election; limitation on contributions to pay

19  loans.--

20         (1)  A person who is elected to office must report all

21  personal loans, exceeding $500 in value, made to him or her

22  and used for campaign purposes, and made in the 12 months

23  preceding his or her election to office, to the filing

24  officer.  The report must be made, in the manner prescribed by

25  the Department of State, within 10 days after being elected to

26  office.

27         (2)  Any person who makes a contribution to an

28  individual to pay all or part of a loan incurred, in the 12

29  months preceding the election, to be used for the individual's

30  campaign, may not contribute more than the amount which is

31  allowed in s. 106.08(1).

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 1         Section 38.  Subsection (5) of section 106.08, Florida

 2  Statutes, is amended to read:

 3         106.08  Contributions; limitations on.--

 4         (5)(a)  A person may not make any contribution through

 5  or in the name of another, directly or indirectly, in any

 6  election.

 7         (b)  Candidates, political committees, and political

 8  parties may not solicit contributions from any religious,

 9  charitable, civic, or other causes or organizations

10  established primarily for the public good.

11         (c)  Candidates, political committees, and political

12  parties may not make contributions, in exchange for political

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

14  or organization established primarily for the public good. It

15  is not a violation of this paragraph for:

16         1.  A candidate, political committee, or political

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

18  flowers in memory of a deceased person;

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

20  regular donations from personal or business funds to,

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

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

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

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

25  tickets, admission to events, or advertisements from

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

27         (d)  A candidate may not make expenditures from his or

28  her campaign account for the purpose of receiving or obtaining

29  an endorsement from any person, group, or organization.

30         Section 39.  Section 106.087, Florida Statutes, is

31  amended to read:

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 1         106.087  Independent expenditures; contribution limits;

 2  restrictions on political parties and, political committees,

 3  and committees of continuous existence.--

 4         (1)(a)  As a condition of receiving a rebate of filing

 5  fees and party assessment funds pursuant to s. 99.061(2), s.

 6  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

 7  treasurer of a state or county executive committee shall take

 8  and subscribe to an oath or affirmation in writing. During the

 9  qualifying period for state candidates and prior to

10  distribution of such funds, a printed copy of the oath or

11  affirmation shall be filed with the Secretary of State and

12  shall be substantially in the following form:

13  

14  State of Florida

15  County of....

16         Before me, an officer authorized to administer oaths,

17  personally appeared ...(name)..., to me well known, who, being

18  sworn, says that he or she is the ...(title)... of the

19  ...(name of party)... ...(state or specified county)...

20  executive committee; that the executive committee has not

21  made, either directly or indirectly, an independent

22  expenditure in support of or opposition to a candidate or

23  elected public official in the prior 6 months; that the

24  executive committee will not make, either directly or

25  indirectly, an independent expenditure in support of or

26  opposition to a candidate or elected public official, through

27  and including the upcoming general election; and that the

28  executive committee will not violate the contribution limits

29  applicable to candidates under s. 106.08(2), Florida Statutes.

30                          ...(Signature of committee officer)...

31                                                 ...(Address)...

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 1  

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

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

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

 5  

 6         (b)  Any executive committee found to have violated the

 7  provisions of the oath or affirmation in this section prior to

 8  receiving funds shall be ineligible to receive the rebate for

 9  that general election year.

10         (c)  Any executive committee found to have violated the

11  provisions of the oath or affirmation in this section after

12  receiving funds shall be ineligible to receive the rebate from

13  candidates qualifying for the following general election

14  cycle.

15         (d)  Any funds not distributed to the state or county

16  executive committee pursuant to this section shall be

17  deposited into the General Revenue Fund of the state.

18         (2)(a)  Any political committee or committee of

19  continuous existence that accepts the use of public funds,

20  equipment, personnel, or other resources to collect dues from

21  its members agrees not to make independent expenditures in

22  support of or opposition to a candidate or elected public

23  official. However, expenditures may be made for the sole

24  purpose of jointly endorsing three or more candidates.

25         (b)  Any political committee or committee of continuous

26  existence that violates this subsection is liable for a civil

27  fine of up to $5,000 to be determined by the Florida Elections

28  Commission or the entire amount of the expenditures, whichever

29  is greater.

30         Section 40.  Section 106.09, Florida Statutes, is

31  amended to read:

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 1         106.09  Cash contributions and contribution by

 2  cashier's checks or money orders.--

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

 4  contribution or contribution by means of a cashier's check or

 5  money order in excess of $100.

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

 7  in excess of $100 in violation of this section commits a

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

 9  775.082 or s. 775.083.

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

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

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

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

14         Section 41.  Subsection (2) of section 106.11, Florida

15  Statutes, is amended to read:

16         106.11  Expenses of and expenditures by candidates and

17  political committees.--Each candidate and each political

18  committee which designates a primary campaign depository

19  pursuant to s. 106.021(1) shall make expenditures from funds

20  on deposit in such primary campaign depository only in the

21  following manner, with the exception of expenditures made from

22  petty cash funds provided by s. 106.12:

23         (2)(a)  For purposes of this section, debit cards are

24  considered bank checks, if:

25         1.  Debit cards are obtained from the same bank that

26  has been designated as the candidate's or political

27  committee's primary campaign depository.

28         2.  Debit cards are issued in the name of the

29  treasurer, deputy treasurer, or authorized user and state

30  "Campaign Account of ...(name of candidate or political

31  committee)...."

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 1         3.  No more than three debit cards are requested and

 2  issued.

 3         4.  Before a debit card is used, a list of all persons

 4  authorized to use the card is filed with the filing office

 5  division.

 6         5.  All debit cards issued to a candidate's campaign or

 7  a political committee expire no later than midnight of the

 8  last day of the month of the general election.

 9         6.  The person using the debit card does not receive

10  cash as part of, or independent of, any transaction for goods

11  or services.

12         7.  All receipts for debit card transactions contain:

13         a.  The last four digits of the debit card number.

14         b.  The exact amount of the expenditure.

15         c.  The name of the payee.

16         d.  The signature of the campaign treasurer, deputy

17  treasurer, or authorized user.

18         e.  The exact purpose for which the expenditure is

19  authorized.

20  

21  Any information required by this subparagraph but not included

22  on the debit card transaction receipt may be handwritten on,

23  or attached to, the receipt by the authorized user before

24  submission to the treasurer.

25         (b)  Debit cards are not subject to the requirements of

26  paragraph (1)(b).

27         Section 42.  Effective January 1, 2005, paragraph (b)

28  of subsection (3) of section 106.29, Florida Statutes, is

29  amended to read:

30         106.29  Reports by political parties; restrictions on

31  contributions and expenditures; penalties.--

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 1         (3)

 2         (b)  Upon determining that a report is late, the filing

 3  officer shall immediately notify the chair of the executive

 4  committee as to the failure to file a report by the designated

 5  due date and that a fine is being assessed for each late day.

 6  The fine shall be $1,000 for a state executive committee, and

 7  $50 for a county executive committee, per day for each late

 8  day, not to exceed 25 percent of the total receipts or

 9  expenditures, whichever is greater, for the period covered by

10  the late report.  However, if an executive committee fails to

11  file a report on the Friday immediately preceding the general

12  election, the fine shall be $10,000 per day for each day a

13  state executive committee is late and $500 per day for each

14  day a county executive committee is late.  Upon receipt of the

15  report, the filing officer shall determine the amount of the

16  fine which is due and shall notify the chair.  The filing

17  officer shall determine the amount of the fine due based upon

18  the earliest of the following:

19         1.  When the report is actually received by such

20  officer.

21         2.  When the report is postmarked.

22         3.  When the certificate of mailing is dated.

23         4.  When the receipt from an established courier

24  company is dated.

25         5.  When the electronic receipt issued pursuant to s.

26  106.0705 is dated.

27  

28  Such fine shall be paid to the filing officer within 20 days

29  after receipt of the notice of payment due, unless appeal is

30  made to the Florida Elections Commission pursuant to paragraph

31  

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 1  (c).  An officer or member of an executive committee shall not

 2  be personally liable for such fine.

 3         Section 43.  (1)  All electronic and electromechanical

 4  voting systems certified after July 1, 2005, must meet the

 5  requirements of section 101.56062, Florida Statutes, except

 6  the requirements of paragraph 101.56062(1)(d), Florida

 7  Statutes. 

 8         (2)  Any purchase of a voting system by any county or

 9  municipality or the state after July 1, 2004, must include a

10  contract for future upgrades and sufficient equipment to meet

11  the requirements of sections 101.56062 and 101.5606, Florida

12  Statutes, as amended by this act.

13         (3)  All electronic and electromechanical voting

14  systems in use on or after January 1, 2006, must be certified

15  to meet and be deployed in a configuration which meets the

16  requirements of sections 101.56062 and 101.5606, Florida

17  Statutes, as amended by this act.

18         Section 44.  Sections 98.181, 101.635, 102.061, 106.085

19  and 106.144, Florida Statutes, are repealed.

20         Section 45.  Section 22 of chapter 2002-281, Laws of

21  Florida, is amended to read:

22         Section 22.  Except as otherwise expressly provided in

23  this act, sections 4, 5, 6, 8, 9, 10, 11, 14, and 19 of this

24  act shall take effect January 1, 2005, and section 12 of this

25  act shall take effect the earlier of January 1, 2006, or one

26  year after the legislature adopts the general appropriations

27  act specifically appropriating to the Department of State, for

28  distribution to the counties, $8.7 million or such other

29  amounts as it determines and appropriates for the specific

30  purpose of funding this act.

31  

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 1         Section 46.  Paragraph (f) of subsection (5) of section

 2  287.057, Florida Statutes, is amended to read:

 3         287.057  Procurement of commodities or contractual

 4  services.--

 5         (5)  When the purchase price of commodities or

 6  contractual services exceeds the threshold amount provided in

 7  s. 287.017 for CATEGORY TWO, no purchase of commodities or

 8  contractual services may be made without receiving competitive

 9  sealed bids, competitive sealed proposals, or competitive

10  sealed replies unless:

11         (f)  The following contractual services and commodities

12  are not subject to the competitive-solicitation requirements

13  of this section:

14         1.  Artistic services.

15         2.  Academic program reviews.

16         3.  Lectures by individuals.

17         4.  Auditing services.

18         5.  Legal services, including attorney, paralegal,

19  expert witness, appraisal, or mediator services.

20         6.  Health services involving examination, diagnosis,

21  treatment, prevention, medical consultation, or

22  administration.

23         7.  Services provided to persons with mental or

24  physical disabilities by not-for-profit corporations which

25  have obtained exemptions under the provisions of s. 501(c)(3)

26  of the United States Internal Revenue Code or when such

27  services are governed by the provisions of Office of

28  Management and Budget Circular A-122. However, in acquiring

29  such services, the agency shall consider the ability of the

30  vendor, past performance, willingness to meet time

31  requirements, and price.

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 1         8.  Medicaid services delivered to an eligible Medicaid

 2  recipient by a health care provider who has not previously

 3  applied for and received a Medicaid provider number from the

 4  Agency for Health Care Administration. However, this exception

 5  shall be valid for a period not to exceed 90 days after the

 6  date of delivery to the Medicaid recipient and shall not be

 7  renewed by the agency.

 8         9.  Family placement services.

 9         10.  Prevention services related to mental health,

10  including drug abuse prevention programs, child abuse

11  prevention programs, and shelters for runaways, operated by

12  not-for-profit corporations.  However, in acquiring such

13  services, the agency shall consider the ability of the vendor,

14  past performance, willingness to meet time requirements, and

15  price.

16         11.  Training and education services provided to

17  injured employees pursuant to s. 440.49(1).

18         12.  Contracts entered into pursuant to s. 337.11.

19         13.  Services or commodities provided by governmental

20  agencies.

21         14.  Voter education activities of the Department of

22  State and the supervisors of elections, either individually or

23  in the aggregate, or with their respective professional

24  associations.

25         Section 47.  Effective July 1, 2004, section 101.131,

26  Florida Statutes, as amended by this act, is amended to read:

27         101.131  Watchers at polls.--

28         (1)  Each political party and each candidate may have

29  one poll watcher and each political party may have one poll

30  watcher and one at-large poll watcher in each polling room at

31  any one time during the election. A political committee, if

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 1  formed for the specific purpose of opposing or supporting a

 2  named issue on the ballot, may have one watcher for each

 3  polling room at any one time during the election. No poll

 4  watcher shall be permitted to come closer to the officials'

 5  table or the voting booths than is reasonably necessary to

 6  properly perform his or her functions, but each shall be

 7  allowed within the polling room to watch and observe the

 8  conduct of electors and officials.  The poll watchers shall

 9  furnish their own materials and necessities and shall not

10  obstruct the orderly conduct of any election.  Each watcher

11  shall be a qualified and registered elector of the county in

12  which he or she serves.

13         (2)  Each political party, each committee, and each

14  candidate requesting to have poll watchers shall designate, in

15  writing, poll watchers for each polling room prior to noon of

16  the second Tuesday preceding the election. In addition, each

17  political party may designate at least five additional

18  at-large poll watchers, or one additional at-large poll

19  watcher for every 10,000 registered voters, whichever is

20  greater, who shall be approved and have access to all polling

21  rooms. Except for at-large poll watchers, the designation

22  shall include specific times for each watcher to be in the

23  polling room. The poll watchers for each polling room shall be

24  approved by the supervisor of elections on or before the

25  Tuesday before the election.  The supervisor shall furnish to

26  each election board a list of the poll watchers designated and

27  approved for such polling room and a list of at-large poll

28  watchers approved for all polling rooms.

29         (3)  A candidate or sheriff, deputy sheriff, police

30  officer, or other law enforcement officer may not be

31  designated as a poll watcher.

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 1         Section 48.  Section 106.023, Florida Statutes, is

 2  amended to read:

 3         106.023  Statement of candidate.--

 4         (1)  Each candidate must file a statement with the

 5  qualifying officer within 10 days after filing the appointment

 6  of campaign treasurer and designation of campaign depository,

 7  stating that the candidate has read and understands the

 8  requirements of this chapter.  Such statement shall be

 9  provided by the filing officer and shall be in substantially

10  the following form:

11  

12                      STATEMENT OF CANDIDATE

13  

14         I, ...., candidate for the office of ...., have

15  received, read, and understand the requirements of Chapter

16  106, Florida Statutes.

17  

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

19  

20  Willful failure to file this form is a violation of ss.

21  106.19(1)(c) and 106.25(3), F.S.

22         (2)  The execution and filing of the statement of

23  candidate does not create a presumption that any violation of

24  this chapter or chapter 104 is a willful violation as defined

25  in s. 106.37.

26         Section 49.  Paragraph (a) of subsection (8) of section

27  106.04, Florida Statutes, is amended to read:

28         106.04  Committees of continuous existence.--

29         (8)(a)  Any committee of continuous existence failing

30  to file a report on the designated due date shall be subject

31  to a fine.  The fine shall be $50 $500 per day for each late

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 1  day, not to exceed 25 percent of the total receipts or

 2  expenditures, whichever is greater, for the period covered by

 3  the late report. The fine shall be assessed by the filing

 4  officer, and the moneys collected shall be deposited in the

 5  General Revenue Elections Commission Trust Fund.  No separate

 6  fine shall be assessed for failure to file a copy of any

 7  report required by this section.

 8         Section 50.  Subsections (4) and (8) of section 106.07,

 9  Florida Statutes, are amended to read:

10         106.07  Reports; certification and filing.--

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

12  contain:

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

14  each person who has made one or more contributions to or for

15  such committee or candidate within the reporting period,

16  together with the amount and date of such contributions. For

17  corporations, the report must provide as clear a description

18  as practicable of the principal type of business conducted by

19  the corporation.  However, if the contribution is $100 or less

20  or is from a relative, as defined in s. 112.312, provided that

21  the relationship is reported, the occupation of the

22  contributor or the principal type of business need not be

23  listed.

24         2.  The name and address of each political committee

25  from which the reporting committee or the candidate received,

26  or to which the reporting committee or candidate made, any

27  transfer of funds, together with the amounts and dates of all

28  transfers.

29         3.  Each loan for campaign purposes to or from any

30  person or political committee within the reporting period,

31  together with the full names, addresses, and occupations, and

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 1  principal places of business, if any, of the lender and

 2  endorsers, if any, and the date and amount of such loans.

 3         4.  A statement of each contribution, rebate, refund,

 4  or other receipt not otherwise listed under subparagraphs 1.

 5  through 3.

 6         5.  The total sums of all loans, in-kind contributions,

 7  and other receipts by or for such committee or candidate

 8  during the reporting period. The reporting forms shall be

 9  designed to elicit separate totals for in-kind contributions,

10  loans, and other receipts.

11         6.  The full name and address of each person to whom

12  expenditures have been made by or on behalf of the committee

13  or candidate within the reporting period; the amount, date,

14  and purpose of each such expenditure; and the name and address

15  of, and office sought by, each candidate on whose behalf such

16  expenditure was made.  However, expenditures made from the

17  petty cash fund provided by s. 106.12 need not be reported

18  individually.

19         7.  The full name and address of each person to whom an

20  expenditure for personal services, salary, or reimbursement

21  for authorized expenses as provided in s. 106.021(3) has been

22  made and which is not otherwise reported, including the

23  amount, date, and purpose of such expenditure.  However,

24  expenditures made from the petty cash fund provided for in s.

25  106.12 need not be reported individually.

26         8.  The total amount withdrawn and the total amount

27  spent for petty cash purposes pursuant to this chapter during

28  the reporting period.

29         9.  The total sum of expenditures made by such

30  committee or candidate during the reporting period.

31  

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 1         10.  The amount and nature of debts and obligations

 2  owed by or to the committee or candidate, which relate to the

 3  conduct of any political campaign.

 4         11.  A copy of each credit card statement which shall

 5  be included in the next report following receipt thereof by

 6  the candidate or political committee. Receipts for each credit

 7  card purchase shall be retained by the treasurer with the

 8  records for the campaign account.

 9         12.  The amount and nature of any separate

10  interest-bearing accounts or certificates of deposit and

11  identification of the financial institution in which such

12  accounts or certificates of deposit are located.

13         13.  The primary purpose of an expenditure made

14  indirectly through a treasurer pursuant to s. 106.021(3) for

15  goods or services, such as communications media placement or

16  procurement services, campaign signs, insurance, or other

17  expenditures that include multiple integral components as part

18  of the expenditure. The primary purpose of an expenditure

19  shall be that purpose, including integral and directly related

20  components, which comprises 80 percent of such expenditures.

21         (b)  The filing officer shall make available to any

22  candidate or committee a reporting form which the candidate or

23  committee may use to indicate contributions received by the

24  candidate or committee but returned to the contributor before

25  deposit.

26         (8)(a)  Any candidate or political committee failing to

27  file a report on the designated due date shall be subject to a

28  fine as provided in paragraph (b) for each late day, and, in

29  the case of a candidate, such fine shall be paid only from

30  personal funds of the candidate. The fine shall be assessed by

31  

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 1  the filing officer and the moneys collected shall be

 2  deposited:

 3         1.  In the General Revenue Elections Commission Trust

 4  Fund, in the case of a candidate for state office or a

 5  political committee that registers with the Division of

 6  Elections; or

 7         2.  In the general revenue fund of the political

 8  subdivision, in the case of a candidate for an office of a

 9  political subdivision or a political committee that registers

10  with an officer of a political subdivision.

11  

12  No separate fine shall be assessed for failure to file a copy

13  of any report required by this section.

14         (b)  Upon determining that a report is late, the filing

15  officer shall immediately notify the candidate or chair of the

16  political committee as to the failure to file a report by the

17  designated due date and that a fine is being assessed for each

18  late day.  The fine shall be $50 per day for the first 3 days

19  late and, thereafter, $500 per day for each late day, not to

20  exceed 25 percent of the total receipts or expenditures,

21  whichever is greater, for the period covered by the late

22  report.  However, for the reports immediately preceding each

23  primary and general election, the fine shall be $500 per day

24  for each late day, not to exceed 25 percent of the total

25  receipts or expenditures, whichever is greater, for the period

26  covered by the late report. For reports required under s.

27  106.141(7), the fine is $50 per day for each late day, not to

28  exceed 25 percent of the total receipts or expenditures,

29  whichever is greater, for the period covered by the late

30  report. Upon receipt of the report, the filing officer shall

31  determine the amount of the fine which is due and shall notify

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 1  the candidate or chair.  The filing officer shall determine

 2  the amount of the fine due based upon the earliest of the

 3  following:

 4         1.  When the report is actually received by such

 5  officer.

 6         2.  When the report is postmarked.

 7         3.  When the certificate of mailing is dated.

 8         4.  When the receipt from an established courier

 9  company is dated.

10  

11  Such fine shall be paid to the filing officer within 20 days

12  after receipt of the notice of payment due, unless appeal is

13  made to the Florida Elections Commission pursuant to paragraph

14  (c). A candidate or In the case of a candidate, such fine

15  shall not be an allowable campaign expenditure and shall be

16  paid only from personal funds of the candidate. an officer or

17  member of a political committee shall not be personally liable

18  for such fine.

19         (c)  Any candidate or chair of a political committee

20  may appeal or dispute the fine, based upon, but not limited

21  to, unusual circumstances surrounding the failure to file on

22  the designated due date, and may request and shall be entitled

23  to a hearing before the Florida Elections Commission, which

24  shall have the authority to waive the fine in whole or in

25  part. The Florida Elections Commission must consider the

26  mitigating and aggravating circumstances in s. 106.265(1) when

27  determing the amount of the fine, if any, to waive. Any such

28  request shall be made within 20 days after receipt of the

29  notice of payment due.  In such case, the candidate or chair

30  of the political committee shall, within the 20-day period,

31  

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 1  notify the filing officer in writing of his or her intention

 2  to bring the matter before the commission.

 3         (d)  The appropriate filing officer shall notify the

 4  Florida Elections Commission of the repeated late filing by a

 5  candidate or political committee, the failure of a candidate

 6  or political committee to file a report after notice, or the

 7  failure to pay the fine imposed.

 8         Section 51.  Subsection (6) of section 106.141, Florida

 9  Statutes, is amended to read:

10         106.141  Disposition of surplus funds by candidates.--

11         (6)  Prior to disposing of funds pursuant to subsection

12  (4) or transferring funds into an office account pursuant to

13  subsection (5), any candidate who filed an oath stating that

14  he or she was unable to pay the election assessment or fee for

15  verification of petition signatures without imposing an undue

16  burden on his or her personal resources or on resources

17  otherwise available to him or her, or who filed both such

18  oaths, or who qualified by the alternative method and was not

19  required to pay an election assessment, shall reimburse the

20  state or local governmental entity, whichever is applicable,

21  for such waived assessment or fee or both.  Such reimbursement

22  shall be made first for the cost of petition verification and

23  then, if funds are remaining, for the amount of the election

24  assessment.  If there are insufficient funds in the account to

25  pay the full amount of either the assessment or the fee or

26  both, the remaining funds shall be disbursed in the above

27  manner until no funds remain.  All funds disbursed pursuant to

28  this subsection shall be remitted to the qualifying officer.

29  Any reimbursement for petition verification costs which are

30  reimbursable by the state shall be forwarded by the qualifying

31  officer to the state for deposit in the General Revenue Fund.

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 1  All reimbursements for the amount of the election assessment

 2  shall be forwarded by the qualifying officer to the Department

 3  of State for deposit in the General Revenue Elections

 4  Commission Trust Fund.

 5         Section 52.  Subsections (2) and (4) of section 106.25,

 6  Florida Statutes, are amended to read:

 7         106.25  Reports of alleged violations to Florida

 8  Elections Commission; disposition of findings.--

 9         (2)  The commission shall investigate all violations of

10  this chapter and chapter 104, but only after having received

11  either a sworn complaint or information reported to it by the

12  Division of Elections. Any person, other than the division,

13  having information of any violation of this chapter or chapter

14  104 shall file a sworn complaint with the commission.  Such

15  sworn complaint must be based on personal knowledge of the

16  complainant, and shall state whether a complaint of the same

17  violation has been made to any state attorney. Within 5 days

18  after receipt of a sworn complaint, the commission shall

19  transmit a copy of the complaint to the alleged violator. The

20  commission shall investigate only those alleged violations

21  specifically contained within the sworn complaint or

22  specifically reported to the commission by the division. If

23  any complainant fails to allege all violations that arise from

24  the facts or allegations alleged in a complaint, the

25  commission is barred from investigating a subsequent complaint

26  from the complainant which is based upon the facts or

27  allegations that were raised or could have been raised in the

28  first complaint. All sworn complaints alleging violations of

29  the Florida Election Code over which the commission has

30  jurisdiction shall be filed with the commission within 2 years

31  of the alleged violations.  The period of limitations is

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 1  tolled on the day a sworn complaint is filed with the

 2  commission.

 3         (4)  The commission shall undertake a preliminary

 4  investigation to determine if the facts alleged in a sworn

 5  complaint or a matter initiated by the division constitute

 6  probable cause to believe that a violation has occurred. The

 7  respondent, the complainant, and their respective counsel

 8  shall be permitted to attend the hearing at which the probable

 9  cause determination is made. Notice of the hearing shall be

10  sent to the respondent and complainant at least 14 days prior

11  to the date of the hearing. The respondent and his or her

12  counsel shall be permitted to make a brief oral statement in

13  the nature of oral argument to the commission before the

14  probable cause determination. The commission's determination

15  shall be based upon the investigator's report, the complaint,

16  and staff recommendations, as well as any written statements

17  submitted by the respondent and any oral statements made at

18  the hearing. No testimony or other evidence will be accepted

19  at the hearing. Upon completion of the preliminary

20  investigation, the commission shall, by written report, find

21  probable cause or no probable cause to believe that this

22  chapter or chapter 104 has been violated.

23         (a)  If no probable cause is found, the commission

24  shall dismiss the case and the case shall become a matter of

25  public record, except as otherwise provided in this section,

26  together with a written statement of the findings of the

27  preliminary investigation and a summary of the facts which the

28  commission shall send to the complainant and the alleged

29  violator.

30         (b)  If probable cause is found, the commission shall

31  so notify the complainant and the alleged violator in writing.

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 1  All documents made or received in the disposition of the

 2  complaint shall become public records upon a finding by the

 3  commission.

 4  

 5  In a case where probable cause is found, the commission shall

 6  make a preliminary determination to consider the matter or to

 7  refer the matter to the state attorney for the judicial

 8  circuit in which the alleged violation occurred.

 9         Section 53.  Paragraph (a) of subsection (3) of section

10  106.29, Florida Statutes, is amended to read:

11         106.29  Reports by political parties; restrictions on

12  contributions and expenditures; penalties.--

13         (3)(a)  Any state or county executive committee failing

14  to file a report on the designated due date shall be subject

15  to a fine as provided in paragraph (b) for each late day.  The

16  fine shall be assessed by the filing officer, and the moneys

17  collected shall be deposited in the General Revenue Elections

18  Commission Trust Fund.

19         Section 54.  Except as otherwise expressly provided in

20  this act, this act shall take effect upon becoming a law.

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                                  81

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    Florida Senate - 2004                           CS for SB 3004
    313-2472-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 3004

 3                                 

 4  The committee substitute differs from the original bill in
    that it:
 5  
         o    Provides for additional poll watchers at precincts
 6            by permitting floating "at large" poll watchers that
              would have access to all precincts;
 7  
         o    Provides that the filing of the Statement of
 8            Candidate shall not create a presumption that a
              violation of Chapter 104 or 106, Florida Statutes,
 9            is a "willful violation;"

10       o    Reduces the fine for late-filed reports by
              committees of continuous existence from $500 to $50
11            per day for each day late and requires any fines so
              collected be deposited into the General Revenue Fund
12            rather than the Elections Commission Trust Fund;

13       o    Creates a new section within the reporting
              requirements of section 106.07, Florida Statutes, to
14            require treasurers, when making expenditures for
              goods and services with multiple components, to
15            report the primary purpose of the expenditure;
              Requires fines for late-filed candidate or political
16            committee reports be deposited into the General
              Revenue Fund instead of the Elections Commission
17            Trust Fund and to permit consideration of mitigating
              circumstances when determining fines to be imposed
18            by the Florida Elections Commission; It further
              removes the requirement that fines for late-filed
19            reports of candidates may only be paid from the
              personal funds of the candidate;
20  
         o    Requires any reimbursements for election assessments
21            by persons qualifying for office by the alternative
              method be deposited into the General Revenue Fund
22            instead of the Elections Commission Trust Fund;

23       o    Provides that a complaint to the Florida Elections
              Commission must be based upon the personal knowledge
24            of the complainant and permits both complainant and
              respondent and their respective counsel, if any, to
25            participate in a limited manner in the probable
              cause hearing; It also provides that the commission
26            is only able to investigate those alleged violations
              contained within the complaint and that if any
27            complaint fails to allege all violations that arise
              from the facts or allegations alleged in a
28            complaint, the commission is barred from
              investigating a subsequent complaint that is based
29            upon the facts or allegations that were raised or
              could have been raised in the first complaint; and
30  
         o    Requires moneys collected for fines against any
31            state or county executive committee to be deposited
              into the General Revenue Fund instead of the
                                  82

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    Florida Senate - 2004                           CS for SB 3004
    313-2472-04




 1            Elections Commission Trust Fund.

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                                  83

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