March 30, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Senate Bill 3004

Senate Bill sb3004c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                    CS for CS for SB 3004

    By the Committees on Judiciary; Ethics and Elections; and
    Senator Cowin




    308-2512-04

  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

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 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

                                  2

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 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. 102.168, F.S.; revising provisions

24         with respect to the time for contesting an

25         election; declaring the county canvassing board

26         and the Elections Canvassing Commission

27         indispensable parties in contested elections;

28         amending s. 105.031, F.S.; exempting write-in

29         candidates for certain office from payment of

30         the qualifying fee; amending s. 105.035, F.S.;

31         revising procedures for qualifying as candidate

                                  3

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1         for judicial or school board office by

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

 3         the term "eliminated candidate"; amending s.

 4         106.07, F.S.; revising requirements for filing

 5         campaign reports; allowing electronic receipts

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

 7         106.0705, F.S.; providing for electronic filing

 8         of campaign treasurer's reports; providing

 9         standards and guidelines; amending s. 106.075,

10         F.S.; revising requirement with respect to

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

12         prohibiting candidates from expending funds

13         from campaign account to obtain endorsements;

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

15         of continuous existence from certain

16         prohibitions with respect to expenditures;

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

18         acceptance of certain contributions made by

19         money order; providing penalties; amending s.

20         106.11, F.S.; revising provisions relating to

21         reporting use of debit cards; amending s.

22         106.29, F.S.; revising provisions relating to

23         reports by political parties; requiring voting

24         systems to meet certain requirements by a date

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

26         the supervisor of elections making up indexes

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

28         relating to distribution of blocks of printed

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

30         to duties of elections boards; repealing s.

31         106.085, F.S., relating to independent

                                  4

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2         relating to endorsements or opposition by

 3         certain groups and organizations; amending s.

 4         22, ch. 2002-281, Laws of Florida; changing the

 5         effective date of certain sections of ch.

 6         2002-281, Laws of Florida; amending s. 287.057,

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

 8         solicitation requirement to exempt certain

 9         voter education activities; amending s.

10         101.131, F.S.; authorizing political parties to

11         have a certain number of at-large poll

12         watchers; revising provisions for designation

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

14         providing that the execution and filing of the

15         statement of candidate does not create a

16         presumption of a willful violation of ch. 106

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

18         reducing the fine for late filing of campaign

19         finance reports by committees of continuous

20         existence; providing for deposit of fine

21         proceeds into the General Revenue Fund;

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

23         reporting of certain expenditures made

24         indirectly through a campaign treasurer for

25         certain goods and services; deleting a

26         requirement making candidates personally liable

27         for payment of late-filing fines for campaign

28         finance reports; directing the deposit of

29         certain late-filing fines for campaign finance

30         reports to the General Revenue Fund; modifying

31         procedures and grounds for contesting certain

                                  5

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2         providing for deposit of reimbursed election

 3         assessments into the General Revenue Fund;

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

 5         complaints to the Florida Elections Commission

 6         to be based upon personal knowledge of the

 7         complainant; limiting the commission's

 8         investigatory authority; precluding the filing

 9         of certain complaints; authorizing respondents,

10         complainants, and their counsel to attend

11         hearings at which probable cause is determined;

12         requiring prior notice; permitting a brief oral

13         statement; specifying basis for determining

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

15         providing for deposit of late-filing fees for

16         political party campaign finance reports into

17         the General Revenue Fund; providing effective

18         dates.

19  

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

21  

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

23  Florida Statutes, are amended to read:

24         97.021  Definitions.--For the purposes of this code,

25  except where the context clearly indicates otherwise, the

26  term:

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

28  reference to:

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

30  of paper, used in conjunction with an electronic or

31  electromechanical vote tabulation voting system, containing

                                  6

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  the names of candidates, or a statement of proposed

 2  constitutional amendments or other questions or propositions

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

 4  paper an elector casts his or her vote.

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

 6  ballot that is voted by the process of electronically

 7  designating, including by touchscreen, or marking with a

 8  marking device for tabulation by automatic tabulating

 9  equipment or data processing equipment.

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

11  processing votes that functions wholly or partly by use of

12  electromechanical or electronic apparatus or by use of

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

14  the procedures for casting and processing votes and the

15  programs, operating manuals, supplies tabulating cards,

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

17  operation.

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

19  Statutes, is amended to read:

20         97.052  Uniform statewide voter registration

21  application.--

22         (1)  The department shall prescribe a uniform statewide

23  voter registration application for use in this state.

24         (a)  The uniform statewide voter registration

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

26  following purposes:

27         1.  Initial registration.

28         2.  Change of address.

29         3.  Change of party affiliation.

30         4.  Change of name.

31  

                                  7

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1         5.  Replacement of voter registration identification

 2  card.

 3         6.  Signature updates.

 4         (b)  The department is responsible for printing the

 5  uniform statewide voter registration application and the voter

 6  registration application form prescribed by the Federal

 7  Election Commission pursuant to the National Voter

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

 9  distributed, upon request, to the following:

10         1.  Individuals seeking to register to vote.

11         2.  Individuals or groups conducting voter registration

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

13  on requests for 10,000 or more applications.

14         3.  The Department of Highway Safety and Motor

15  Vehicles.

16         4.  Voter registration agencies.

17         5.  Armed forces recruitment offices.

18         6.  Qualifying educational institutions.

19         7.  Supervisors, who must make the applications and

20  forms available in the following manner:

21         a.  By distributing the applications and forms in their

22  offices to any individual or group.

23         b.  By distributing the applications and forms at other

24  locations designated by each supervisor.

25         c.  By mailing the applications and forms to applicants

26  upon the request of the applicant.

27         (c)  The uniform statewide voter registration

28  application may be reproduced by any of the entities described

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

30  reproduced application is in the same format as the

31  application prescribed under this section.

                                  8

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  Florida Statutes, is amended to read:

 3         (Substantial rewording of section. See

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

 5         99.095  Petition process in lieu of qualifying fee and

 6  party assessment.--

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

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

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

10  petition requirements of this section.

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

12  voters in the geographical area represented by the office

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

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

15  by the department for the last preceding general election.

16  Signatures may not be obtained until the candidate has filed

17  the appointment of campaign treasurer and designation of

18  campaign depository pursuant to s. 106.021.

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

20  the division and shall be used by candidates to reproduce

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

22  office that requires a group or district designation, the

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

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

25  for each candidate.

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

27  28th day preceding the first day of the qualifying period for

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

29  in which such petition was circulated. Each supervisor shall

30  check the signatures on the petitions to verify their status

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

                                  9

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

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

 3  shall certify the number of valid signatures.

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

 5  state, or multicounty district office shall be submitted to

 6  the division. The division shall determine whether the

 7  required number of signatures has been obtained and shall

 8  notify the candidate.

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

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

11  whether the required number of signatures has been obtained

12  and shall notify the candidate.

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

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

15  99.061.

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

17  Florida Statutes, is amended to read:

18         99.0955  Candidates with no party affiliation; name on

19  general election ballot.--

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

21  candidate with no party affiliation shall file his or her

22  qualifying qualification papers and pay the qualifying fee or

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

24  alternative method prescribed in subsection (3) with the

25  officer and during the times and under the circumstances

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

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

28  election ballot.

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

30  affiliation shall consist of a filing fee and an election

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

                                  10

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

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

 3  office sought.  The election assessment shall be deposited

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

 5  the Department of State shall be deposited into the General

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

 7  of elections shall be deposited into the general revenue fund

 8  of the county.

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

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

11  alternative method prescribed in this subsection.  A candidate

12  using this petitioning process shall file an oath with the

13  officer before whom the candidate would qualify for the office

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

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

16  a group or district designation, the candidate must indicate

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

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

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

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

21  for the office sought.  The Department of State shall

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

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

24  petition until the candidate has filed the oath required in

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

26  candidate, the qualifying officer shall provide the candidate

27  with petition forms in sufficient numbers to facilitate the

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

29  office that requires a group or district designation, the

30  petition must indicate that designation or the signatures

31  obtained on the petition will not be counted.

                                  11

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  number of qualified electors in the geographical entity

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

 4  registered electors of the geographical entity represented by

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

 6  Department of State for the preceding general election.

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

 8  21st day preceding the first day of the qualifying period for

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

10  county for which such petition was circulated. Each supervisor

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

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

13  district, or other geographical entity represented by the

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

15  supervisor shall certify the number shown as registered

16  electors.

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

18  state, or multicounty district office shall be submitted to

19  the Department of State. The Department of State shall

20  determine whether the required number of signatures has been

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

22  ballot and shall notify the candidate.

23         2.  For candidates for county or district office not

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

25  determine whether the required number of signatures has been

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

27  ballot and shall notify the candidate.

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

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

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

31  

                                  12

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

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

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

 4  Florida Statutes, is amended to read:

 5         99.096  Minor party candidates; names on ballot.--

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

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

 8  day of the qualifying period prescribed for federal

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

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

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

12  to the first day of the qualifying period for state

13  candidates, the executive committee of a minor party shall

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

15  state, multicounty, and county respective candidates nominated

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

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

18  of State shall notify the appropriate supervisors of elections

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

20  before such supervisor.  The official list of nominated

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

22  filed with the filing officers Department of State, except

23  that candidates who have qualified may withdraw from the

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

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

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

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

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

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

30  petition process pursuant to s. 99.095 alternative method

31  

                                  13

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

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

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

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

 5  the alternative method prescribed in this subsection.  A

 6  candidate using this petitioning process shall file an oath

 7  with the officer before whom the candidate would qualify for

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

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

10  that requires a group or district designation, the candidate

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

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

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

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

15  qualifying period for the office sought.  The Department of

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

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

18  candidate on any petition until the candidate has filed the

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

20  oath from a candidate, the qualifying officer shall provide

21  the candidate with petition forms in sufficient numbers to

22  facilitate the gathering of signatures.  If the candidate is

23  running for an office that requires a group or district

24  designation, the petition must indicate that designation or

25  the signatures on such petition will not be counted.

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

27  number of qualified electors in the geographical entity

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

29  registered electors in the geographical entity represented by

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

31  Department of State for the last preceding general election.

                                  14

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

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

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

 4  county for which the petition was circulated. Each supervisor

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

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

 7  district, or other geographical entity represented by the

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

 9  supervisor shall certify the number shown as registered

10  electors.

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

12  state, or multicounty district office shall be submitted to

13  the Department of State. The Department of State shall

14  determine whether the required number of signatures has been

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

16  ballot and shall notify the candidate.

17         2.  For candidates for county or district office not

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

19  determine whether the required number of signatures has been

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

21  ballot and shall notify the candidate.

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

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

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

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

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

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

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

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

30  general election ballot.

31  

                                  15

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  Statutes, is amended to read:

 3         100.011  Opening and closing of polls, all elections;

 4  expenses.--

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

 6  7:00 a.m., on the day of the election, and shall be kept open

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

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

 9  seat of the locality.  The inspectors shall make public

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

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

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

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

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

15  100.111, Florida Statutes, is amended to read:

16         100.111  Filling vacancy.--

17         (4)

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

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

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

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

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

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

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

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

26  committee to consider designation of a nominee to fill the

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

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

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

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

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

                                  16

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

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

 3  new nominee is submitted after the ballots have been printed

 4  or programmed into the machines and the supervisor of

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

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

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

 8  election, the person designated by the political party will

 9  replace the former party nominee even though the former party

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

11  the former party nominee will be counted for the person

12  designated by the political party to replace the former party

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

14  person designated by the political party to replace the former

15  party nominee will be elected to office at the general

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

17  political party executive committee" means the members of the

18  state executive committee of a political party from those

19  counties comprising the area involving a district office.

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

21  Statutes, is amended to read:

22         101.031  Instructions for electors.--

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

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

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

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

27  voting precinct for each election and furnish such cards to

28  each supervisor upon requisition.  Each supervisor of

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

30  precincts prior to an election. The election inspectors shall

31  display the cards in the polling places as information for

                                  17

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  electors.  The cards shall contain information about how to

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

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

 4  and responsibilities afforded to Florida voters, as described

 5  in subsection (2).

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

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

 8  read:

 9         101.048  Provisional ballots.--

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

11  Provisional Ballot Voter's Certificate and Affirmation

12  envelope to determine if the person voting that ballot was

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

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

15  ballot in the election.

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

17  registered and entitled to vote at the precinct where the

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

19  compare the signature on the Provisional Ballot Voter's

20  Certificate and Affirmation envelope with the signature on the

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

22  ballot.

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

24  provisional ballot was not registered or entitled to vote at

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

26  provisional ballot shall not be counted and the ballot shall

27  remain in the envelope containing the Provisional Ballot

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

29  marked "Rejected as Illegal."

30         (4)  Notwithstanding the requirements of subsections

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

                                  18

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  for persons with disabilities shall, provide the appropriate

 3  provisional ballot to the voter by electronic means that meet

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

 5  certified voting system. Each person casting a provisional

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

 7  ballot, complete the Provisional Ballot Voter's Certificate

 8  and Affirmation as provided in subsection (3).

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

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

11         101.049  Provisional ballots; special circumstances.--

12         (5)  As an alternative, provisional ballots cast

13  pursuant to this section may, and for persons with

14  disabilities shall, be cast in accordance with the provisions

15  of s. 101.048(4).

16         Section 11.  Section 101.131, Florida Statutes, is

17  amended to read:

18         101.131  Watchers at polls.--

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

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

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

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

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

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

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

26  reasonably necessary to properly perform his or her functions,

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

28  observe the conduct of electors and officials.  The watchers

29  shall furnish their own materials and necessities and shall

30  not obstruct the orderly conduct of any election.  Each

31  

                                  19

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  watcher shall be a qualified and registered elector of the

 2  county in which he or she serves.

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

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

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

 6  the second Tuesday preceding the election. The designation

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

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

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

10  the Tuesday before the election.  The supervisor shall furnish

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

12  designated and approved for such polling room precinct.

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

14  officer, or other law enforcement officer may not be

15  designated as a poll watcher.

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

17  Statutes, is amended to read:

18         101.151  Specifications for ballots.--

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

20  of such thickness that the printing cannot be distinguished

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

22  system that will be used to read the ballots.

23         Section 13.  Section 101.171, Florida Statutes, is

24  amended to read:

25         101.171  Copy of constitutional amendment to be

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

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

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

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

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

31  

                                  20

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  have a copy thereof conspicuously posted or available at each

 2  precinct upon the day of election.

 3         Section 14.  Section 101.253, Florida Statutes, is

 4  amended to read:

 5         101.253  When names not to be printed on ballot.--

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

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

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

 9  candidate has notified the supervisor of elections in writing,

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

11  the candidate will not accept the nomination or office for

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

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

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

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

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

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

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

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

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

21  candidate has notified the Department of State in writing,

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

23  the candidate will not accept the nomination or office for

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

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

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

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

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

29  qualified.

30  

31  

                                  21

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

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

 3  of a candidate, the supervisor of elections may:

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

 5  necessary, insert the name of the new nominee;

 6         (b)  Reprint or reprogram the ballot; or

 7         (c)  Provide notice in a newspaper of general

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

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

10  voter explaining the consequences of a vote for the former

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

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

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

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

15  candidate whose death, resignation, removal, or withdrawal

16  created a vacancy in office or nomination shall be stricken

17  from the ballot with a rubber stamp or appropriate printing

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

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

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

21  new nominee.

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

23  section 101.294, Florida Statutes, to read:

24         101.294  Purchase and sale of voting equipment.--

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

26  uncertified voting system, voting system component, or voting

27  system upgrade to a governing body or supervisor of elections

28  in this state.

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

30  system, voting system component, or voting system upgrade, the

31  vendor shall provide the governing body or supervisor of

                                  22

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  elections with a sworn certification that the voting system,

 2  voting system component, or voting system upgrade being

 3  provided has been certified by the Division of Elections.

 4         Section 16.  Section 101.295, Florida Statutes, is

 5  amended to read:

 6         101.295  Penalties for violation.--

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

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

 9  101.292-101.295, which member knowingly votes to purchase or

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

11  101.292-101.295, is guilty of a misdemeanor of the first

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

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

14  of malfeasance.

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

16  representative of voting equipment who provides a voting

17  system, voting system component, or voting system upgrade in

18  violation of this chapter commits a felony of the third

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

20  s. 775.084.

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

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

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

24         101.5606  Requirements for approval of systems.--No

25  electronic or electromechanical voting system shall be

26  approved by the Department of State unless it is so

27  constructed that:

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

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

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

31  office that has been overvoted or undervoted.

                                  23

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1         (16)  All electronic voter interface devices are

 2  capable of allowing voters to cast both regular and

 3  provisional ballots while allowing the elections administrator

 4  to preserve the secrecy of voted ballots.

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

 6  Statutes, is amended to read:

 7         101.595  Analysis and reports of voting problems.--

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

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

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

11  undervotes in either the presidential or the gubernatorial

12  race, whichever is applicable first race appearing on the

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

14  reasons for such overvotes and undervotes and other

15  information as may be useful in evaluating the performance of

16  the voting system and identifying problems with ballot design

17  and instructions which may have contributed to voter

18  confusion.

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

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

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

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

23         101.6103  Mail ballot election procedure.--

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

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

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

27  and instructions sufficient to describe the voting process to

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

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

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

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

                                  24

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  each elector at the address appearing in the registration

 2  records and placed in an envelope which is prominently marked

 3  "Do Not Forward."

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

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

 6  including processing the ballots through the tabulating

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

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

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

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

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

12         Section 20.  Section 101.62, Florida Statutes, is

13  amended to read:

14         101.62  Request for absentee ballots.--

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

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

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

18  sufficient to receive an absentee ballot for all elections

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

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

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

22  absentee ballot. Such request may be considered canceled when

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

24  returned as undeliverable.

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

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

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

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

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

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

31  person making the request must disclose:

                                  25

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  requested;

 3         2.  The elector's address;

 4         3.  The elector's date of birth;

 5         4.  The requester's name;

 6         5.  The requester's address;

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

 8  available;

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

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

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

12  after the Friday before the election by the supervisor of

13  elections from an absent elector overseas, the supervisor

14  shall send a notice to the elector acknowledging receipt of

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

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

17  the ballot by the required deadline.

18         (2)(3)  For each request for an absentee ballot

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

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

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

22  other information he or she may deem necessary.  This

23  information shall be confidential and exempt from the

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

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

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

27  filed qualification papers and is opposed in an upcoming

28  election, and registered political committees or registered

29  committees of continuous existence, for political purposes

30  only.

31  

                                  26

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1         (3)(4)(a)  To each absent qualified elector overseas

 2  who has requested an absentee ballot, the supervisor of

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

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

 5  days before the second primary and general election, the

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

 7  regular absentee ballots are not available, the supervisor

 8  shall mail an advance absentee ballot to those persons

 9  requesting ballots for such elections.  The advance absentee

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

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

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

13  those offices and all political party executive committee

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

15  the advance absentee ballot for the general election shall be

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

17  candidates of political parties where nominations were not

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

19  first and second in the first primary election shall be

20  printed on the advance absentee ballot. The advance absentee

21  ballot or advance absentee ballot information booklet shall be

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

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

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

25  advance absentee ballot for the second primary and general

26  election to each qualified absent elector for whom a request

27  is received until the absentee ballots are printed.  The

28  supervisor shall enclose with the advance second primary

29  absentee ballot and advance general election absentee ballot

30  an explanation stating that the absentee ballot for the

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

                                  27

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  the advance absentee ballot and the absentee ballot for the

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

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

 4  by rule the requirements for preparing and mailing absentee

 5  ballots to absent qualified electors overseas.

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

 7  are printed, the supervisor shall provide an absentee ballot

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

 9  made by one of the following means:

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

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

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

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

14  plan to return before the day of the election;

15         b.  The elector is temporarily unable to occupy the

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

17  emergency or natural disaster; or

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

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

20  facility, or correctional facility,

21  

22  in which case the supervisor shall mail the ballot by

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

24  address the elector specifies in the request.

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

26  vote by absentee ballot under the Uniformed and Overseas

27  Citizens Absentee Voting Act.

28         3.  By personal delivery to the elector, upon

29  presentation of the identification required in s. 101.657.

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

31  4 days prior to the day of an election. Any elector may

                                  28

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

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

 3  than two absentee ballots per election, other than the

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

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

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

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

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

 9  designee shall provide to the supervisor the written

10  authorization by the elector and a picture identification of

11  the designee and must complete an affidavit.  The designee

12  shall state in the affidavit that the designee is authorized

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

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

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

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

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

18  signature of the elector on the written authorization matches

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

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

21         (4)(5)  In the event that the Elections Canvassing

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

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

24  Department of State is authorized to prescribe rules for a

25  ballot to be sent to absent electors overseas.

26         (5)(6)  Nothing other than the materials necessary to

27  vote absentee shall be mailed or delivered with any absentee

28  ballot.

29         Section 21.  Section 101.64, Florida Statutes, is

30  amended to read:

31  

                                  29

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1         101.64  Delivery of absentee ballots; envelopes;

 2  form.--

 3         (1)  The supervisor shall enclose with each absentee

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

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

 6  mailing envelope, into which the absent elector shall then

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

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

 9  substantially the following form:

10  

11         Note:  Please Read Instructions Carefully Before

12        Marking Ballot and Completing Voter's Certificate.

13  

14                       VOTER'S CERTIFICATE

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

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

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

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

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

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

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

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

23  to sign this certificate and have my signature properly

24  witnessed will invalidate my ballot.

25  

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

27  

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

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

30  

31  

                                  30

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  Certificate in my presence.

 3  

 4  ...(Signature of Witness)...

 5  

 6  ...(Address)...

 7                                              ...(City/State)...

 8  

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

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

11  the absent elector and the attesting witness are across the

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

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

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

15  elector and the attesting witness shall execute the

16  certificate on the envelope.

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

18  this section, the supervisor of elections shall provide each

19  person voting absentee under the Uniformed and Overseas

20  Citizens Absentee Voting Act with the standard oath prescribed

21  by the presidential designee. Witness information is not

22  required of these voters.

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

24  101.68, Florida Statutes, is amended to read:

25         101.68  Canvassing of absentee ballot.--

26         (2)

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

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

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

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

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

                                  31

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  absentee ballot. An absentee ballot shall be considered

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

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

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

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

 6  absentee ballot shall not be considered illegal if the

 7  signature of the elector or attesting witness does not cross

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

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

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

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

12  ballot contained therein shall be preserved in the manner that

13  official ballots voted are preserved.

14         2.  If any elector or candidate present believes that

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

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

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

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

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

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

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

22  has been removed from the mailing envelope.

23         Section 23.  Section 101.6923, Florida Statutes, is

24  amended to read:

25         101.6923  Special absentee ballot instructions for

26  certain first-time voters.--

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

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

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

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

31  ballot is mailed.

                                  32

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  with the following printed instructions with his or her

 3  absentee ballot in substantially the following form:

 4  

 5         READ THESE INSTRUCTIONS CAREFULLY BEFORE

 6         MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE

 7         INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO

 8         COUNT.

 9  

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

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

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

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

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

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

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

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

18  or write.

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

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

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

22  vote in that race will not be counted.

23         4.  Place your marked ballot in the enclosed secrecy

24  envelope and seal the envelope.

25         5.  Insert the secrecy envelope into the enclosed

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

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

28  the envelope.

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

30  Signature).

31  

                                  33

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

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

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

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

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

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

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

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

 9  identification:

10         a.  Identification which must include your name and

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

12  Florida identification card issued by the Department of

13  Highway Safety and Motor Vehicles; United States passport;

14  employee badge or identification; buyer's club identification

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

16  identification; retirement center identification; neighborhood

17  association identification; entertainment identification; or

18  public assistance identification; or

19         b.  Identification which shows your name and current

20  residence address: current utility bill, bank statement,

21  government check, paycheck, or government document (excluding

22  voter identification card).

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

24  apply if you meet one of the following requirements:

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

26         b.  You have a temporary or permanent physical

27  disability.

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

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

30  the county on election day.

31  

                                  34

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

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

 3  the county on election day.

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

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

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

 7  the county on election day.

 8         f.  You are currently residing outside the United

 9  States.

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

11  into the mailing envelope addressed to the supervisor. Insert

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

13  PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE

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

15  CERTIFICATE OR YOUR BALLOT WILL NOT COUNT.

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

17  mailing envelope. Be sure there is sufficient postage if

18  mailed.

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

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

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

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

23  or under any other circumstances making your ballot false or

24  fraudulent.

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

26  Statutes, is amended to read:

27         101.694  Mailing of ballots upon receipt of federal

28  postcard application.--

29         (3)  Absentee envelopes printed for overseas voters

30  shall meet the specifications as determined by the Division of

31  Elections in conjunction with the Federal Voting Assistance

                                  35

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  Program of the United States Department of Defense and the

 2  United States Postal Service. There shall be printed across

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

 4  federal postcard applicant, or is returned by such applicant

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

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

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

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

 9  envelope, and with the words "Official Election Balloting

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

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

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

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

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

15  the upper left corner of each ballot envelope an appropriate

16  inscription or blanks for return address of sender.

17  Additional specifications may be prescribed by rule of the

18  Division of Elections upon recommendation of the presidential

19  designee under the Uniformed and Overseas Citizens Absentee

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

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

22  other absentee voters.

23         Section 25.  Section 101.697, Florida Statutes, is

24  amended to read:

25         101.697  Electronic transmission of election

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

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

28  absentee ballot and a voted absentee ballot by facsimile

29  machine or other electronic means from overseas voters if the

30  department can be assured that the security of the

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

                                  36

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

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

 3  the transmission must be established, and each ballot received

 4  must be recorded.

 5         Section 26.  Section 102.012, Florida Statutes, is

 6  amended to read:

 7         102.012  Inspectors and clerks to conduct elections.--

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

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

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

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

12  election, appoint one election board if the supervisor has

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

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

15  board carries out its duties and responsibilities. Each

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

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

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

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

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

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

22  authorized to administer oaths or before any of the persons

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

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

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

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

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

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

29  them shall decide the question.  The supervisor of elections

30  of each county shall be responsible for the attendance and

31  

                                  37

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  inspector.

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

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

 5  qualified elector of the county in which the member is

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

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

 8  appointed. No election board shall be composed solely of

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

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

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

12  whose name appears as an opposed candidate for any office

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

14         (3)  The supervisor shall furnish inspectors of

15  election for each precinct with the registration books divided

16  alphabetically as will best facilitate the holding of an

17  election.  The supervisor shall also furnish to the inspectors

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

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

20  for use on election day.

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

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

23  and shall arrange the furniture, stationery, and voting

24  equipment.

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

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

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

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

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

30  to the second board all closed ballot boxes, registration

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

                                  38

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  boards change.  The second board shall continue counting until

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

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

 4  that conducted the election shall again report for duty and

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

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

 7  all registration books and other records and shall advise the

 8  first board as to what has transpired in tabulating the

 9  results of the election.

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

11  registered electors, the supervisor of elections shall appoint

12  additional election boards necessary for the election.

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

14  registered electors, it is not necessary to appoint two

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

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

17         Section 27.  Section 102.111, Florida Statutes, is

18  amended to read:

19         102.111  Elections Canvassing Commission.--

20         (1)  The Elections Canvassing Commission shall consist

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

22  Governor. If a member of the Elections Canvassing Commission

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

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

25  vacancy, the remaining members of the commission shall agree

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

27  Canvassing Commission shall, as soon as the official results

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

29  election and determine and declare who has been elected for

30  each federal, state, and multicounty office.

31  

                                  39

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  services required by the Elections Canvassing Commission.

 3         (3)  The Elections Canvassing Commission may delegate

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

 5  102.166 to the chief election officer.

 6         Section 28.  Section 102.071, Florida Statutes, is

 7  amended to read:

 8         102.071  Tabulation of votes and proclamation of

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

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

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

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

13  races, a certificate triplicate certificates of the results

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

15  upon a form provided by the supervisor of elections which

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

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

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

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

20  the question.  The certificate shall be signed by the

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

22  delivered without delay by one of the inspectors, securely

23  sealed, to the supervisor for immediate publication; the

24  duplicate copy of the certificate shall be delivered to the

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

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

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

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

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

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

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

                                  40

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  to the supervisor.

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

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

 5         102.141  County canvassing board; duties.--

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

 7  electors' returns and the canvass of provisional ballots,

 8  shall be made from the returns and certificates of the

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

10  judge and supervisor, respectively, and the county canvassing

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

12  candidate, nominee, constitutional amendment, or other measure

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

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

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

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

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

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

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

20  order a retabulation recount of the returns from such

21  precinct.  Before canvassing such returns, the canvassing

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

23  precinct and determine whether the returns correctly reflect

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

25  and the tabulation of the ballots cast, the tabulation of the

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

27  canvassed accordingly.

28         (4)  The canvassing board shall submit unofficial

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

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

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

                                  41

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  election.  Such returns shall include the canvass of all

 3  ballots as required by subsection (2).

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

 5  unofficial returns may contain a counting error in which the

 6  vote tabulation system failed to count votes that were

 7  properly marked in accordance with the instructions on the

 8  ballot, the county canvassing board shall:

 9         (a)  Correct the error and retabulate recount the

10  affected ballots with the vote tabulation system; or

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

12  tabulation software.  When the Department of State verifies

13  such software, the department shall compare the software used

14  to tabulate the votes with the software filed with the

15  department pursuant to s. 101.5607 and check the election

16  parameters.

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

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

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

20  candidate for retention to a judicial office was retained or

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

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

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

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

25  responsible for certifying the results of the vote on such

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

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

28  is the board responsible for ordering county and local

29  recounts. The Elections Canvassing Commission is the board

30  responsible for ordering federal, state, and multicounty

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

                                  42

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  candidates defeated or eliminated from contention for such

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

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

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

 6  ballots, Each canvassing board responsible for conducting a

 7  recount shall put each marksense ballot through automatic

 8  tabulating equipment and determine whether the returns

 9  correctly reflect the votes cast. If any marksense paper

10  ballot is physically damaged so that it cannot be properly

11  counted by the automatic tabulating equipment during the

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

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

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

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

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

17  the recount tabulation of the ballots cast shall be presumed

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

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

20  corrected and the recount repeated, as necessary. The

21  canvassing board shall immediately report the error, along

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

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

24  the election, the canvassing board shall file a separate

25  incident report with the Department of State, detailing the

26  resolution of the matter and identifying any measures that

27  will avoid a future recurrence of the error.

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

29  paper ballots, Each canvassing board responsible for

30  conducting a recount where touchscreen ballots were used shall

31  examine the counters on the precinct tabulators to ensure that

                                  43

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

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

 3  overall election return and the counters of the precinct

 4  tabulators, the counters of the precinct tabulators shall be

 5  presumed correct and such votes shall be canvassed

 6  accordingly.

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

 8  unofficial returns on forms or formats provided by the

 9  division to the Department of State for each federal,

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

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

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

13  the canvassing board is unable to complete the recount

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

15  of unofficial returns submitted by the canvassing board shall

16  be identical to the initial unofficial returns and the

17  submission shall also include a detailed explanation of why it

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

19  canvassing board shall complete the recount prescribed in this

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

21  102.166, and certify election returns in accordance with the

22  requirements of this chapter.

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

24  prescribing additional recount procedures for each certified

25  voting system, which shall be uniform to the extent

26  practicable.

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

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

29  canvassing board shall file a report with the Division of

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

31  contain information relating to any problems incurred as a

                                  44

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  result of equipment malfunctions either at the precinct level

 2  or at a counting location, any difficulties or unusual

 3  circumstances encountered by an election board or the

 4  canvassing board, and any other additional information which

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

 6  official election record. Such reports shall be maintained on

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

 8  public inspection.  The division shall utilize the reports

 9  submitted by the canvassing boards to determine what problems

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

11  information, along with possible solutions, to the supervisors

12  of elections.

13         Section 30.  Section 102.168, Florida Statutes, is

14  amended to read:

15         102.168  Contest of election.--

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

17  certification of election or nomination of any person to

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

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

20  unsuccessful candidate for such office or nomination thereto

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

22  such candidacy, or by any taxpayer, respectively.

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

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

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

26  last board responsible for certifying the results officially

27  county canvassing board empowered to canvass the returns

28  certifies the results of the election being contested.

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

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

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

                                  45

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  referendum. The grounds for contesting an election under this

 2  section are:

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

 4  any election official or any member of the canvassing board

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

 6  election.

 7         (b)  Ineligibility of the successful candidate for the

 8  nomination or office in dispute.

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

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

11  doubt the result of the election.

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

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

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

15  purpose of procuring the successful candidate's nomination or

16  election or determining the result on any question submitted

17  by referendum.

18         (4)  The county canvassing board or Elections

19  Canvassing Commission is an indispensable and shall be the

20  proper party defendant in county and local elections and the

21  Elections Canvassing Commission is an indispensable and proper

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

23  the successful candidate is shall be an indispensable party to

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

25  candidate.

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

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

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

29  statement are sufficient to clearly inform the defendant of

30  the particular proceeding or cause for which the nomination or

31  election is contested.

                                  46

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  defendant and any other person named therein in the same

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

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

 5  defendant must file an answer admitting or denying the

 6  allegations on which the contestant relies or stating that the

 7  defendant has no knowledge or information concerning the

 8  allegations, which shall be deemed a denial of the

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

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

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

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

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

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

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

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

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

18  therein to the circumstances of the matter and to the

19  proximity of any succeeding election.

20         Section 31.  Subsection (3) of section 105.031, Florida

21  Statutes, is amended to read:

22         105.031  Qualification; filing fee; candidate's oath;

23  items required to be filed.--

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

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

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

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

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

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

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

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

                                  47

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  office sought.  The Department of State shall forward all

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

 4  Elections Commission Trust Fund.  The supervisor of elections

 5  shall forward all filing fees to the Elections Commission

 6  Trust Fund.  The election assessment shall be deposited into

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

 8  office for purposes of computing the qualifying fee shall be

 9  computed by multiplying 12 times the monthly salary authorized

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

11  day of qualifying.  This subsection shall not apply to

12  candidates qualifying for retention to judicial office.

13         Section 32.  Effective January 1, 2005, section

14  105.035, Florida Statutes, is amended to read:

15         105.035  Alternative method of qualifying for certain

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

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

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

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

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

21  person qualifying by this alternative method shall not be

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

23  person using this petitioning process shall file an oath with

24  the officer before whom the candidate would qualify for the

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

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

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

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

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

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

31  shall be prescribed by the Division of Elections.  No

                                  48

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  signatures shall be obtained until the person has filed the

 2  oath prescribed in this subsection.

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

 4  The qualifying officer shall provide the candidate with a

 5  petition format shall be prescribed by the Division of

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

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

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

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

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

11  registered electors' signatures, for which group or district

12  office the candidate is running.

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

14  or the office of school board member shall obtain the

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

16  1 percent of the total number of registered electors of the

17  district, circuit, county, or other geographic entity

18  represented by the office sought as shown by the compilation

19  by the Department of State for the last preceding general

20  election.   A separate petition shall be circulated for each

21  candidate availing himself or herself of the provisions of

22  this section. Signatures may not be obtained until the

23  candidate has filed the appointment of campaign treasurer and

24  designation of campaign depository pursuant to s. 106.021.

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

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

27  member from a multicounty school district pursuant to this

28  section shall file a separate petition from each county from

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

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

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

                                  49

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  of elections of the county for which such petition was

 2  circulated. Each supervisor of elections to whom a petition is

 3  submitted shall check the signatures on the petition to verify

 4  their status as electors of that county and of the geographic

 5  area represented by the office sought. No later than the 7th

 6  day before Prior to the first date for qualifying, the

 7  supervisor shall certify the number shown as registered

 8  electors and submit such certification to the Division of

 9  Elections. The division shall determine whether the required

10  number of signatures has been obtained for the name of the

11  candidate to be placed on the ballot and shall notify the

12  candidate. If the required number of signatures has been

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

14  qualifying for office, submit a copy of such notice and file

15  his or her qualifying papers and oath prescribed in s. 105.031

16  with the Division of Elections. Upon receipt of the copy of

17  such notice and qualifying papers, the division shall certify

18  the name of the candidate to the appropriate supervisor or

19  supervisors of elections as having qualified for the office

20  sought.

21         (b)  Each candidate seeking to qualify for election to

22  the office of county court judge or the office of school board

23  member from a single county school district pursuant to this

24  section shall submit his or her petition, prior to noon of the

25  28th 21st day preceding the first day of the qualifying period

26  for the office sought, to the supervisor of elections of the

27  county for which such petition was circulated. The supervisor

28  shall check the signatures on the petition to verify their

29  status as electors of the county and of the geographic area

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

31  before Prior to the first date for qualifying, the supervisor

                                  50

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  shall determine whether the required number of signatures has

 2  been obtained for the name of the candidate to be placed on

 3  the ballot and shall notify the candidate. If the required

 4  number of signatures has been obtained, the candidate shall,

 5  during the time prescribed for qualifying for office, submit a

 6  copy of such notice and file his or her qualifying papers and

 7  oath prescribed in s. 105.031 with the qualifying officer.

 8  Upon receipt of the copy of such notice and qualifying papers,

 9  such candidate shall be entitled to have his or her name

10  printed on the ballot.

11         Section 33.  Present subsection (17) of section

12  106.011, Florida Statutes, is renumbered as subsection (18),

13  and a new subsection (17) is added to that section, to read:

14         106.011  Definitions.--As used in this chapter, the

15  following terms have the following meanings unless the context

16  clearly indicates otherwise:

17         (17)  "Eliminated candidate" means a candidate for

18  elected office who failed to receive a sufficient number of

19  votes to be certified as the winner of an election or as a

20  runoff candidate in an election. A candidate who files a

21  timely contest of an election as provided for in s. 102.168

22  may not be considered eliminated for the purposes of receiving

23  contributions and making expenditures solely for the purpose

24  of paying legal fees and costs associated with the candidate's

25  contest of the election.

26         Section 34.  Effective January 1, 2005, subsections (2)

27  and (3) of section 106.07, Florida Statutes, and subsection

28  (8) of that section, as amended by this act, are amended to

29  read:

30         106.07  Reports; certification and filing.--

31  

                                  51

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1         (2)(a)  All reports required of a candidate by this

 2  section shall be filed with the officer before whom the

 3  candidate is required by law to qualify. All candidates who

 4  file with the Department of State shall file the original and

 5  one copy of their reports pursuant to s. 106.0705. In

 6  addition, a copy of each report for candidates for other than

 7  statewide office who qualify with the Department of State

 8  shall be filed with the supervisor of elections in the county

 9  where the candidate resides. Except as provided in s.

10  106.0705, reports shall be filed not later than 5 p.m. of the

11  day designated; however, any report postmarked by the United

12  States Postal Service no later than midnight of the day

13  designated shall be deemed to have been filed in a timely

14  manner. A certificate of mailing obtained from and dated by

15  the United States Postal Service at the time of mailing, or a

16  receipt from an established courier company, which bears a

17  date on or before the date on which the report is due, shall

18  be proof of mailing in a timely manner. Reports shall contain

19  information of all previously unreported contributions

20  received and expenditures made as of the preceding Friday,

21  except that the report filed on the Friday immediately

22  preceding the election shall contain information of all

23  previously unreported contributions received and expenditures

24  made as of the day preceding that designated due date.  All

25  such reports shall be open to public inspection.

26         (b)1.  Any report which is deemed to be incomplete by

27  the officer with whom the candidate qualifies shall be

28  accepted on a conditional basis, and the campaign treasurer

29  shall be notified by registered mail as to why the report is

30  incomplete and be given 3 days from receipt of such notice to

31  file an addendum to the report providing all information

                                  52

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  necessary to complete the report in compliance with this

 2  section. Failure to file a complete report after such notice

 3  constitutes a violation of this chapter.

 4         2.  In lieu of the notice by registered mail as

 5  required in subparagraph 1., the qualifying officer may notify

 6  the campaign treasurer by telephone that the report is

 7  incomplete and request the information necessary to complete

 8  the report.  If, however, such information is not received by

 9  the qualifying officer within 3 days of the telephone request

10  therefor, notice shall be sent by registered mail as provided

11  in subparagraph 1.

12         (3)  Reports required of a political committee shall be

13  filed with the agency or officer before whom such committee

14  registers pursuant to s. 106.03(3) and shall be subject to the

15  same filing conditions as established for candidates' reports.

16  Only committees that file with the Department of State shall

17  file the original and one copy of their reports. Incomplete

18  reports by political committees shall be treated in the manner

19  provided for incomplete reports by candidates in subsection

20  (2).

21         (8)(a)  Any candidate or political committee failing to

22  file a report on the designated due date shall be subject to a

23  fine as provided in paragraph (b) for each late day. The fine

24  shall be assessed by the filing officer and the moneys

25  collected shall be deposited:

26         1.  In the General Revenue Fund, in the case of a

27  candidate for state office or a political committee that

28  registers with the Division of Elections; or

29         2.  In the general revenue fund of the political

30  subdivision, in the case of a candidate for an office of a

31  

                                  53

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  political subdivision or a political committee that registers

 2  with an officer of a political subdivision.

 3  

 4  No separate fine shall be assessed for failure to file a copy

 5  of any report required by this section.

 6         (b)  Upon determining that a report is late, the filing

 7  officer shall immediately notify the candidate or chair of the

 8  political committee as to the failure to file a report by the

 9  designated due date and that a fine is being assessed for each

10  late day.  The fine shall be $50 per day for the first 3 days

11  late and, thereafter, $500 per day for each late day, not to

12  exceed 25 percent of the total receipts or expenditures,

13  whichever is greater, for the period covered by the late

14  report.  However, for the reports immediately preceding each

15  primary and general election, the fine shall be $500 per day

16  for each late day, not to exceed 25 percent of the total

17  receipts or expenditures, whichever is greater, for the period

18  covered by the late report. For reports required under s.

19  106.141(7), the fine is $50 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. Upon receipt of the report, the filing officer shall

23  determine the amount of the fine which is due and shall notify

24  the candidate or chair.  The filing officer shall determine

25  the amount of the fine due based upon the earliest of the

26  following:

27         1.  When the report is actually received by such

28  officer.

29         2.  When the report is postmarked.

30         3.  When the certificate of mailing is dated.

31  

                                  54

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1         4.  When the receipt from an established courier

 2  company is dated.

 3         5.  When the electronic receipt issued pursuant to s.

 4  106.0705 is dated.

 5  

 6  Such fine shall be paid to the filing officer within 20 days

 7  after receipt of the notice of payment due, unless appeal is

 8  made to the Florida Elections Commission pursuant to paragraph

 9  (c). A candidate or an officer or member of a political

10  committee shall not be personally liable for such fine.

11         (c)  Any candidate or chair of a political committee

12  may appeal or dispute the fine, based upon, but not limited

13  to, unusual circumstances surrounding the failure to file on

14  the designated due date, and may request and shall be entitled

15  to a hearing before the Florida Elections Commission, which

16  shall have the authority to waive the fine in whole or in

17  part. The Florida Elections Commission must consider the

18  mitigating and aggravating circumstances in s. 106.265(1) when

19  determining the amount of the fine, if any, to waive. Any such

20  request shall be made within 20 days after receipt of the

21  notice of payment due.  In such case, the candidate or chair

22  of the political committee shall, within the 20-day period,

23  notify the filing officer in writing of his or her intention

24  to bring the matter before the commission.

25         (d)  The appropriate filing officer shall notify the

26  Florida Elections Commission of the repeated late filing by a

27  candidate or political committee, the failure of a candidate

28  or political committee to file a report after notice, or the

29  failure to pay the fine imposed.

30         Section 35.  Effective January 1, 2005, section

31  106.0705, Florida Statutes, is created to read:

                                  55

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1         106.0705  Electronic filing of campaign treasurer's

 2  reports.--

 3         (1)  As used in this section, the term "electronic

 4  filing system" means an internet system for recording and

 5  reporting campaign finance activity by reporting period.

 6         (2)(a)  Each candidate who is required to file reports

 7  with the division pursuant to s. 106.07 must file such reports

 8  with the division by means of the division's electronic filing

 9  system.

10         (b)  Each political committee, committee of continuous

11  existence, or state executive committee that is required to

12  file reports with the division under s. 106.04, s. 106.07, or

13  s. 106.29, as applicable, must file such reports with the

14  division by means of the division's electronic filing system.

15         (c)  Each person or organization that is required to

16  file reports with the division under s. 106.071 must file such

17  reports with the division by means of the division's

18  electronic filing system.

19         (3)  A report filed pursuant to this section must be

20  completed and filed through the electronic filing system not

21  later than midnight of the day designated. A report not filed

22  by midnight of the day designated is a late-filed report and

23  is subject to the penalties under s. 106.04(8), S. 106.07(8),

24  or s. 106.29(3), as applicable.

25         (4)  Each report filed pursuant to this section is

26  considered to be under oath by the candidate and treasurer or

27  the chairman and treasurer, whichever is applicable, and such

28  persons are subject to the provisions of s. 106.04(4)(d), s.

29  106.07(5), or s. 106.29(2), as applicable. Persons given a

30  secure sign-on to the electronic campaign filing system are

31  responsible for protecting it from disclosure and are

                                  56

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  responsible for all filings using such credentials, unless

 2  they have notified the division that their credentials have

 3  been compromised.

 4         (5)  The electronic filing system developed by the

 5  division must:

 6         (a)  Be based on access by means of the Internet.

 7         (b)  Be accessible by anyone with Internet access using

 8  standard web-browsing software.

 9         (c)  Provide for direct entry of campaign finance

10  information as well as upload of such information from

11  campaign finance software certified by the division.

12         (d)  Provide a method that prevents unauthorized access

13  to electronic filing system functions.

14         (6)  The division shall adopt rules to administer this

15  section and provide for the reports required to be filed

16  pursuant to this section. Such rules shall, at a minimum,

17  provide:

18         (a)  Alternate filing procedures in case the division's

19  electronic filing system is not operable.

20         (b)  For the issuance of an electronic receipt to the

21  person submitting the report indicating and verifying that the

22  report has been filed.

23         Section 36.  Section 106.075, Florida Statutes, is

24  amended to read:

25         106.075  Elected officials; report of loans made in

26  year preceding election; limitation on contributions to pay

27  loans.--

28         (1)  A person who is elected to office must report all

29  personal loans, exceeding $500 in value, made to him or her

30  and used for campaign purposes, and made in the 12 months

31  preceding his or her election to office, to the filing

                                  57

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  officer.  The report must be made, in the manner prescribed by

 2  the Department of State, within 10 days after being elected to

 3  office.

 4         (2)  Any person who makes a contribution to an

 5  individual to pay all or part of a loan incurred, in the 12

 6  months preceding the election, to be used for the individual's

 7  campaign, may not contribute more than the amount which is

 8  allowed in s. 106.08(1).

 9         Section 37.  Subsection (5) of section 106.08, Florida

10  Statutes, is amended to read:

11         106.08  Contributions; limitations on.--

12         (5)(a)  A person may not make any contribution through

13  or in the name of another, directly or indirectly, in any

14  election.

15         (b)  Candidates, political committees, and political

16  parties may not solicit contributions from any religious,

17  charitable, civic, or other causes or organizations

18  established primarily for the public good.

19         (c)  Candidates, political committees, and political

20  parties may not make contributions, in exchange for political

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

22  or organization established primarily for the public good. It

23  is not a violation of this paragraph for:

24         1.  A candidate, political committee, or political

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

26  flowers in memory of a deceased person;

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

28  regular donations from personal or business funds to,

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

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

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

                                  58

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




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

 2  tickets, admission to events, or advertisements from

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

 4         (d)  A candidate may not make expenditures from his or

 5  her campaign account for the purpose of receiving or obtaining

 6  an endorsement from any person, group, or organization.

 7         Section 38.  Section 106.087, Florida Statutes, is

 8  amended to read:

 9         106.087  Independent expenditures; contribution limits;

10  restrictions on political parties and, political committees,

11  and committees of continuous existence.--

12         (1)(a)  As a condition of receiving a rebate of filing

13  fees and party assessment funds pursuant to s. 99.061(2), s.

14  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

15  treasurer of a state or county executive committee shall take

16  and subscribe to an oath or affirmation in writing. During the

17  qualifying period for state candidates and prior to

18  distribution of such funds, a printed copy of the oath or

19  affirmation shall be filed with the Secretary of State and

20  shall be substantially in the following form:

21  

22  State of Florida

23  County of....

24         Before me, an officer authorized to administer oaths,

25  personally appeared ...(name)..., to me well known, who, being

26  sworn, says that he or she is the ...(title)... of the

27  ...(name of party)... ...(state or specified county)...

28  executive committee; that the executive committee has not

29  made, either directly or indirectly, an independent

30  expenditure in support of or opposition to a candidate or

31  elected public official in the prior 6 months; that the

                                  59

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  executive committee will not make, either directly or

 2  indirectly, an independent expenditure in support of or

 3  opposition to a candidate or elected public official, through

 4  and including the upcoming general election; and that the

 5  executive committee will not violate the contribution limits

 6  applicable to candidates under s. 106.08(2), Florida Statutes.

 7                          ...(Signature of committee officer)...

 8                                                 ...(Address)...

 9  

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

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

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

13  

14         (b)  Any executive committee found to have violated the

15  provisions of the oath or affirmation in this section prior to

16  receiving funds shall be ineligible to receive the rebate for

17  that general election year.

18         (c)  Any executive committee found to have violated the

19  provisions of the oath or affirmation in this section after

20  receiving funds shall be ineligible to receive the rebate from

21  candidates qualifying for the following general election

22  cycle.

23         (d)  Any funds not distributed to the state or county

24  executive committee pursuant to this section shall be

25  deposited into the General Revenue Fund of the state.

26         (2)(a)  Any political committee or committee of

27  continuous existence that accepts the use of public funds,

28  equipment, personnel, or other resources to collect dues from

29  its members agrees not to make independent expenditures in

30  support of or opposition to a candidate or elected public

31  

                                  60

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  official. However, expenditures may be made for the sole

 2  purpose of jointly endorsing three or more candidates.

 3         (b)  Any political committee or committee of continuous

 4  existence that violates this subsection is liable for a civil

 5  fine of up to $5,000 to be determined by the Florida Elections

 6  Commission or the entire amount of the expenditures, whichever

 7  is greater.

 8         Section 39.  Section 106.09, Florida Statutes, is

 9  amended to read:

10         106.09  Cash contributions and contribution by

11  cashier's checks or money orders.--

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

13  contribution or contribution by means of a cashier's check or

14  money order in excess of $100.

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

16  in excess of $100 in violation of this section commits a

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

18  775.082 or s. 775.083.

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

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

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

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

23         Section 40.  Subsection (2) of section 106.11, Florida

24  Statutes, is amended to read:

25         106.11  Expenses of and expenditures by candidates and

26  political committees.--Each candidate and each political

27  committee which designates a primary campaign depository

28  pursuant to s. 106.021(1) shall make expenditures from funds

29  on deposit in such primary campaign depository only in the

30  following manner, with the exception of expenditures made from

31  petty cash funds provided by s. 106.12:

                                  61

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1         (2)(a)  For purposes of this section, debit cards are

 2  considered bank checks, if:

 3         1.  Debit cards are obtained from the same bank that

 4  has been designated as the candidate's or political

 5  committee's primary campaign depository.

 6         2.  Debit cards are issued in the name of the

 7  treasurer, deputy treasurer, or authorized user and state

 8  "Campaign Account of ...(name of candidate or political

 9  committee)...."

10         3.  No more than three debit cards are requested and

11  issued.

12         4.  Before a debit card is used, a list of all persons

13  authorized to use the card is filed with the filing office

14  division.

15         5.  All debit cards issued to a candidate's campaign or

16  a political committee expire no later than midnight of the

17  last day of the month of the general election.

18         6.  The person using the debit card does not receive

19  cash as part of, or independent of, any transaction for goods

20  or services.

21         7.  All receipts for debit card transactions contain:

22         a.  The last four digits of the debit card number.

23         b.  The exact amount of the expenditure.

24         c.  The name of the payee.

25         d.  The signature of the campaign treasurer, deputy

26  treasurer, or authorized user.

27         e.  The exact purpose for which the expenditure is

28  authorized.

29  

30  Any information required by this subparagraph but not included

31  on the debit card transaction receipt may be handwritten on,

                                  62

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  or attached to, the receipt by the authorized user before

 2  submission to the treasurer.

 3         (b)  Debit cards are not subject to the requirements of

 4  paragraph (1)(b).

 5         Section 41.  Effective January 1, 2005, paragraph (b)

 6  of subsection (3) of section 106.29, Florida Statutes, is

 7  amended to read:

 8         106.29  Reports by political parties; restrictions on

 9  contributions and expenditures; penalties.--

10         (3)

11         (b)  Upon determining that a report is late, the filing

12  officer shall immediately notify the chair of the executive

13  committee as to the failure to file a report by the designated

14  due date and that a fine is being assessed for each late day.

15  The fine shall be $1,000 for a state executive committee, and

16  $50 for a county executive committee, per day for each late

17  day, not to exceed 25 percent of the total receipts or

18  expenditures, whichever is greater, for the period covered by

19  the late report.  However, if an executive committee fails to

20  file a report on the Friday immediately preceding the general

21  election, the fine shall be $10,000 per day for each day a

22  state executive committee is late and $500 per day for each

23  day a county executive committee is late.  Upon receipt of the

24  report, the filing officer shall determine the amount of the

25  fine which is due and shall notify the chair.  The filing

26  officer shall determine the amount of the fine due based upon

27  the earliest of the following:

28         1.  When the report is actually received by such

29  officer.

30         2.  When the report is postmarked.

31         3.  When the certificate of mailing is dated.

                                  63

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1         4.  When the receipt from an established courier

 2  company is dated.

 3         5.  When the electronic receipt issued pursuant to s.

 4  106.0705 is dated.

 5  

 6  Such fine shall be paid to the filing officer within 20 days

 7  after receipt of the notice of payment due, unless appeal is

 8  made to the Florida Elections Commission pursuant to paragraph

 9  (c).  An officer or member of an executive committee shall not

10  be personally liable for such fine.

11         Section 42.  (1)  All electronic and electromechanical

12  voting systems certified after July 1, 2005, must meet the

13  requirements of section 101.56062, Florida Statutes, except

14  the requirements of paragraph 101.56062(1)(d), Florida

15  Statutes. 

16         (2)  Any purchase of a voting system by any county or

17  municipality or the state after July 1, 2004, must include a

18  contract for future upgrades and sufficient equipment to meet

19  the requirements of sections 101.56062 and 101.5606, Florida

20  Statutes, as amended by this act.

21         (3)  All electronic and electromechanical voting

22  systems in use on or after January 1, 2006, must be certified

23  to meet and be deployed in a configuration which meets the

24  requirements of sections 101.56062 and 101.5606, Florida

25  Statutes, as amended by this act.

26         Section 43.  Sections 98.181, 101.635, 102.061, 106.085

27  and 106.144, Florida Statutes, are repealed.

28         Section 44.  Section 22 of chapter 2002-281, Laws of

29  Florida, is amended to read:

30         Section 22.  Except as otherwise expressly provided in

31  this act, sections 4, 5, 6, 8, 9, 10, 11, 14, and 19 of this

                                  64

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  act shall take effect January 1, 2005, and section 12 of this

 2  act shall take effect the earlier of January 1, 2006, or one

 3  year after the legislature adopts the general appropriations

 4  act specifically appropriating to the Department of State, for

 5  distribution to the counties, $8.7 million or such other

 6  amounts as it determines and appropriates for the specific

 7  purpose of funding this act.

 8         Section 45.  Paragraph (f) of subsection (5) of section

 9  287.057, Florida Statutes, is amended to read:

10         287.057  Procurement of commodities or contractual

11  services.--

12         (5)  When the purchase price of commodities or

13  contractual services exceeds the threshold amount provided in

14  s. 287.017 for CATEGORY TWO, no purchase of commodities or

15  contractual services may be made without receiving competitive

16  sealed bids, competitive sealed proposals, or competitive

17  sealed replies unless:

18         (f)  The following contractual services and commodities

19  are not subject to the competitive-solicitation requirements

20  of this section:

21         1.  Artistic services.

22         2.  Academic program reviews.

23         3.  Lectures by individuals.

24         4.  Auditing services.

25         5.  Legal services, including attorney, paralegal,

26  expert witness, appraisal, or mediator services.

27         6.  Health services involving examination, diagnosis,

28  treatment, prevention, medical consultation, or

29  administration.

30         7.  Services provided to persons with mental or

31  physical disabilities by not-for-profit corporations which

                                  65

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  have obtained exemptions under the provisions of s. 501(c)(3)

 2  of the United States Internal Revenue Code or when such

 3  services are governed by the provisions of Office of

 4  Management and Budget Circular A-122. However, in acquiring

 5  such services, the agency shall consider the ability of the

 6  vendor, past performance, willingness to meet time

 7  requirements, and price.

 8         8.  Medicaid services delivered to an eligible Medicaid

 9  recipient by a health care provider who has not previously

10  applied for and received a Medicaid provider number from the

11  Agency for Health Care Administration. However, this exception

12  shall be valid for a period not to exceed 90 days after the

13  date of delivery to the Medicaid recipient and shall not be

14  renewed by the agency.

15         9.  Family placement services.

16         10.  Prevention services related to mental health,

17  including drug abuse prevention programs, child abuse

18  prevention programs, and shelters for runaways, operated by

19  not-for-profit corporations.  However, in acquiring such

20  services, the agency shall consider the ability of the vendor,

21  past performance, willingness to meet time requirements, and

22  price.

23         11.  Training and education services provided to

24  injured employees pursuant to s. 440.49(1).

25         12.  Contracts entered into pursuant to s. 337.11.

26         13.  Services or commodities provided by governmental

27  agencies.

28         14.  Voter education activities of the Department of

29  State and the supervisors of elections, either individually or

30  in the aggregate, or with their respective professional

31  associations.

                                  66

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1         Section 46.  Effective July 1, 2004, section 101.131,

 2  Florida Statutes, as amended by this act, is amended to read:

 3         101.131  Watchers at polls.--

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

 5  one poll watcher and each political party may have one poll

 6  watcher and one at-large poll watcher in each polling room at

 7  any one time during the election. A political committee, if

 8  formed for the specific purpose of opposing or supporting a

 9  named issue on the ballot, may have one watcher for each

10  polling room at any one time during the election. No poll

11  watcher shall be permitted to come closer to the officials'

12  table or the voting booths than is reasonably necessary to

13  properly perform his or her functions, but each shall be

14  allowed within the polling room to watch and observe the

15  conduct of electors and officials.  The poll watchers shall

16  furnish their own materials and necessities and shall not

17  obstruct the orderly conduct of any election.  Each watcher

18  shall be a qualified and registered elector of the county in

19  which he or she serves.

20         (2)  Each political party, each committee, and each

21  candidate requesting to have poll watchers shall designate, in

22  writing, poll watchers for each polling room prior to noon of

23  the second Tuesday preceding the election. In addition, each

24  political party may designate at least five additional

25  at-large poll watchers, or one additional at-large poll

26  watcher for every 10,000 registered voters, whichever is

27  greater, who shall be approved and have access to all polling

28  rooms. Except for at-large poll watchers, the designation

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

30  polling room. The poll watchers for each polling room shall be

31  approved by the supervisor of elections on or before the

                                  67

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  Tuesday before the election.  The supervisor shall furnish to

 2  each election board a list of the poll watchers designated and

 3  approved for such polling room and a list of at-large poll

 4  watchers approved for all polling rooms.

 5         (3)  A candidate or sheriff, deputy sheriff, police

 6  officer, or other law enforcement officer may not be

 7  designated as a poll watcher.

 8         Section 47.  Section 106.023, Florida Statutes, is

 9  amended to read:

10         106.023  Statement of candidate.--

11         (1)  Each candidate must file a statement with the

12  qualifying officer within 10 days after filing the appointment

13  of campaign treasurer and designation of campaign depository,

14  stating that the candidate has read and understands the

15  requirements of this chapter.  Such statement shall be

16  provided by the filing officer and shall be in substantially

17  the following form:

18  

19                      STATEMENT OF CANDIDATE

20  

21         I, ...., candidate for the office of ...., have

22  received, read, and understand the requirements of Chapter

23  106, Florida Statutes.

24  

25  ...(Signature of candidate)...                    ...(Date)...

26  

27  Willful failure to file this form is a violation of ss.

28  106.19(1)(c) and 106.25(3), F.S.

29         (2)  The execution and filing of the statement of

30  candidate does not create a presumption that any violation of

31  

                                  68

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  this chapter or chapter 104 is a willful violation as defined

 2  in s. 106.37.

 3         Section 48.  Paragraph (a) of subsection (8) of section

 4  106.04, Florida Statutes, is amended to read:

 5         106.04  Committees of continuous existence.--

 6         (8)(a)  Any committee of continuous existence failing

 7  to file a report on the designated due date shall be subject

 8  to a fine.  The fine shall be $50 $500 per day for each late

 9  day, not to exceed 25 percent of the total receipts or

10  expenditures, whichever is greater, for the period covered by

11  the late report. The fine shall be assessed by the filing

12  officer, and the moneys collected shall be deposited in the

13  General Revenue Elections Commission Trust Fund.  No separate

14  fine shall be assessed for failure to file a copy of any

15  report required by this section.

16         Section 49.  Subsections (4) and (8) of section 106.07,

17  Florida Statutes, are amended to read:

18         106.07  Reports; certification and filing.--

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

20  contain:

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

22  each person who has made one or more contributions to or for

23  such committee or candidate within the reporting period,

24  together with the amount and date of such contributions. For

25  corporations, the report must provide as clear a description

26  as practicable of the principal type of business conducted by

27  the corporation.  However, if the contribution is $100 or less

28  or is from a relative, as defined in s. 112.312, provided that

29  the relationship is reported, the occupation of the

30  contributor or the principal type of business need not be

31  listed.

                                  69

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1         2.  The name and address of each political committee

 2  from which the reporting committee or the candidate received,

 3  or to which the reporting committee or candidate made, any

 4  transfer of funds, together with the amounts and dates of all

 5  transfers.

 6         3.  Each loan for campaign purposes to or from any

 7  person or political committee within the reporting period,

 8  together with the full names, addresses, and occupations, and

 9  principal places of business, if any, of the lender and

10  endorsers, if any, and the date and amount of such loans.

11         4.  A statement of each contribution, rebate, refund,

12  or other receipt not otherwise listed under subparagraphs 1.

13  through 3.

14         5.  The total sums of all loans, in-kind contributions,

15  and other receipts by or for such committee or candidate

16  during the reporting period. The reporting forms shall be

17  designed to elicit separate totals for in-kind contributions,

18  loans, and other receipts.

19         6.  The full name and address of each person to whom

20  expenditures have been made by or on behalf of the committee

21  or candidate within the reporting period; the amount, date,

22  and purpose of each such expenditure; and the name and address

23  of, and office sought by, each candidate on whose behalf such

24  expenditure was made.  However, expenditures made from the

25  petty cash fund provided by s. 106.12 need not be reported

26  individually.

27         7.  The full name and address of each person to whom an

28  expenditure for personal services, salary, or reimbursement

29  for authorized expenses as provided in s. 106.021(3) has been

30  made and which is not otherwise reported, including the

31  amount, date, and purpose of such expenditure.  However,

                                  70

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  expenditures made from the petty cash fund provided for in s.

 2  106.12 need not be reported individually.

 3         8.  The total amount withdrawn and the total amount

 4  spent for petty cash purposes pursuant to this chapter during

 5  the reporting period.

 6         9.  The total sum of expenditures made by such

 7  committee or candidate during the reporting period.

 8         10.  The amount and nature of debts and obligations

 9  owed by or to the committee or candidate, which relate to the

10  conduct of any political campaign.

11         11.  A copy of each credit card statement which shall

12  be included in the next report following receipt thereof by

13  the candidate or political committee. Receipts for each credit

14  card purchase shall be retained by the treasurer with the

15  records for the campaign account.

16         12.  The amount and nature of any separate

17  interest-bearing accounts or certificates of deposit and

18  identification of the financial institution in which such

19  accounts or certificates of deposit are located.

20         13.  The primary purpose of an expenditure made

21  indirectly through a treasurer pursuant to s. 106.021(3) for

22  goods or services, such as communications media placement or

23  procurement services, campaign signs, insurance, or other

24  expenditures that include multiple integral components as part

25  of the expenditure. The primary purpose of an expenditure

26  shall be that purpose, including integral and directly related

27  components, which comprises 80 percent of such expenditures.

28         (b)  The filing officer shall make available to any

29  candidate or committee a reporting form which the candidate or

30  committee may use to indicate contributions received by the

31  

                                  71

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  candidate or committee but returned to the contributor before

 2  deposit.

 3         (8)(a)  Any candidate or political committee failing to

 4  file a report on the designated due date shall be subject to a

 5  fine as provided in paragraph (b) for each late day, and, in

 6  the case of a candidate, such fine shall be paid only from

 7  personal funds of the candidate. The fine shall be assessed by

 8  the filing officer and the moneys collected shall be

 9  deposited:

10         1.  In the General Revenue Elections Commission Trust

11  Fund, in the case of a candidate for state office or a

12  political committee that registers with the Division of

13  Elections; or

14         2.  In the general revenue fund of the political

15  subdivision, in the case of a candidate for an office of a

16  political subdivision or a political committee that registers

17  with an officer of a political subdivision.

18  

19  No separate fine shall be assessed for failure to file a copy

20  of any report required by this section.

21         (b)  Upon determining that a report is late, the filing

22  officer shall immediately notify the candidate or chair of the

23  political committee as to the failure to file a report by the

24  designated due date and that a fine is being assessed for each

25  late day.  The fine shall be $50 per day for the first 3 days

26  late and, thereafter, $500 per day for each late day, not to

27  exceed 25 percent of the total receipts or expenditures,

28  whichever is greater, for the period covered by the late

29  report.  However, for the reports immediately preceding each

30  primary and general election, the fine shall be $500 per day

31  for each late day, not to exceed 25 percent of the total

                                  72

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  receipts or expenditures, whichever is greater, for the period

 2  covered by the late report. For reports required under s.

 3  106.141(7), the fine is $50 per day for each late day, not to

 4  exceed 25 percent of the total receipts or expenditures,

 5  whichever is greater, for the period covered by the late

 6  report. Upon receipt of the report, the filing officer shall

 7  determine the amount of the fine which is due and shall notify

 8  the candidate or chair.  The filing officer shall determine

 9  the amount of the fine due based upon the earliest of the

10  following:

11         1.  When the report is actually received by such

12  officer.

13         2.  When the report is postmarked.

14         3.  When the certificate of mailing is dated.

15         4.  When the receipt from an established courier

16  company is dated.

17  

18  Such fine shall be paid to the filing officer within 20 days

19  after receipt of the notice of payment due, unless appeal is

20  made to the Florida Elections Commission pursuant to paragraph

21  (c). A candidate or In the case of a candidate, such fine

22  shall not be an allowable campaign expenditure and shall be

23  paid only from personal funds of the candidate. an officer or

24  member of a political committee shall not be personally liable

25  for such fine.

26         (c)  Any candidate or chair of a political committee

27  may appeal or dispute the fine, based upon, but not limited

28  to, unusual circumstances surrounding the failure to file on

29  the designated due date, and may request and shall be entitled

30  to a hearing before the Florida Elections Commission, which

31  shall have the authority to waive the fine in whole or in

                                  73

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  part. The Florida Elections Commission must consider the

 2  mitigating and aggravating circumstances in s. 106.265(1) when

 3  determing the amount of the fine, if any, to waive. Any such

 4  request shall be made within 20 days after receipt of the

 5  notice of payment due.  In such case, the candidate or chair

 6  of the political committee shall, within the 20-day period,

 7  notify the filing officer in writing of his or her intention

 8  to bring the matter before the commission.

 9         (d)  The appropriate filing officer shall notify the

10  Florida Elections Commission of the repeated late filing by a

11  candidate or political committee, the failure of a candidate

12  or political committee to file a report after notice, or the

13  failure to pay the fine imposed.

14         Section 50.  Subsection (6) of section 106.141, Florida

15  Statutes, is amended to read:

16         106.141  Disposition of surplus funds by candidates.--

17         (6)  Prior to disposing of funds pursuant to subsection

18  (4) or transferring funds into an office account pursuant to

19  subsection (5), any candidate who filed an oath stating that

20  he or she was unable to pay the election assessment or fee for

21  verification of petition signatures without imposing an undue

22  burden on his or her personal resources or on resources

23  otherwise available to him or her, or who filed both such

24  oaths, or who qualified by the alternative method and was not

25  required to pay an election assessment, shall reimburse the

26  state or local governmental entity, whichever is applicable,

27  for such waived assessment or fee or both.  Such reimbursement

28  shall be made first for the cost of petition verification and

29  then, if funds are remaining, for the amount of the election

30  assessment.  If there are insufficient funds in the account to

31  pay the full amount of either the assessment or the fee or

                                  74

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  both, the remaining funds shall be disbursed in the above

 2  manner until no funds remain.  All funds disbursed pursuant to

 3  this subsection shall be remitted to the qualifying officer.

 4  Any reimbursement for petition verification costs which are

 5  reimbursable by the state shall be forwarded by the qualifying

 6  officer to the state for deposit in the General Revenue Fund.

 7  All reimbursements for the amount of the election assessment

 8  shall be forwarded by the qualifying officer to the Department

 9  of State for deposit in the General Revenue Elections

10  Commission Trust Fund.

11         Section 51.  Subsections (2) and (4) of section 106.25,

12  Florida Statutes, are amended to read:

13         106.25  Reports of alleged violations to Florida

14  Elections Commission; disposition of findings.--

15         (2)  The commission shall investigate all violations of

16  this chapter and chapter 104, but only after having received

17  either a sworn complaint or information reported to it by the

18  Division of Elections. Any person, other than the division,

19  having information of any violation of this chapter or chapter

20  104 shall file a sworn complaint with the commission.  Such

21  sworn complaint must be based on personal knowledge of the

22  complainant, and shall state whether a complaint of the same

23  violation has been made to any state attorney. Within 5 days

24  after receipt of a sworn complaint, the commission shall

25  transmit a copy of the complaint to the alleged violator. The

26  commission shall investigate only those alleged violations

27  specifically contained within the sworn complaint or

28  specifically reported to the commission by the division. If

29  any complainant fails to allege all violations that arise from

30  the facts or allegations alleged in a complaint, the

31  commission is barred from investigating a subsequent complaint

                                  75

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  from the complainant which is based upon the facts or

 2  allegations that were raised or could have been raised in the

 3  first complaint. All sworn complaints alleging violations of

 4  the Florida Election Code over which the commission has

 5  jurisdiction shall be filed with the commission within 2 years

 6  of the alleged violations.  The period of limitations is

 7  tolled on the day a sworn complaint is filed with the

 8  commission.

 9         (4)  The commission shall undertake a preliminary

10  investigation to determine if the facts alleged in a sworn

11  complaint or a matter initiated by the division constitute

12  probable cause to believe that a violation has occurred. The

13  respondent, the complainant, and their respective counsel

14  shall be permitted to attend the hearing at which the probable

15  cause determination is made. Notice of the hearing shall be

16  sent to the respondent and complainant at least 14 days prior

17  to the date of the hearing. The respondent and his or her

18  counsel shall be permitted to make a brief oral statement in

19  the nature of oral argument to the commission before the

20  probable cause determination. The commission's determination

21  shall be based upon the investigator's report, the complaint,

22  and staff recommendations, as well as any written statements

23  submitted by the respondent and any oral statements made at

24  the hearing. No testimony or other evidence will be accepted

25  at the hearing. Upon completion of the preliminary

26  investigation, the commission shall, by written report, find

27  probable cause or no probable cause to believe that this

28  chapter or chapter 104 has been violated.

29         (a)  If no probable cause is found, the commission

30  shall dismiss the case and the case shall become a matter of

31  public record, except as otherwise provided in this section,

                                  76

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1  together with a written statement of the findings of the

 2  preliminary investigation and a summary of the facts which the

 3  commission shall send to the complainant and the alleged

 4  violator.

 5         (b)  If probable cause is found, the commission shall

 6  so notify the complainant and the alleged violator in writing.

 7  All documents made or received in the disposition of the

 8  complaint shall become public records upon a finding by the

 9  commission.

10  

11  In a case where probable cause is found, the commission shall

12  make a preliminary determination to consider the matter or to

13  refer the matter to the state attorney for the judicial

14  circuit in which the alleged violation occurred.

15         Section 52.  Paragraph (a) of subsection (3) of section

16  106.29, Florida Statutes, is amended to read:

17         106.29  Reports by political parties; restrictions on

18  contributions and expenditures; penalties.--

19         (3)(a)  Any state or county executive committee failing

20  to file a report on the designated due date shall be subject

21  to a fine as provided in paragraph (b) for each late day.  The

22  fine shall be assessed by the filing officer, and the moneys

23  collected shall be deposited in the General Revenue Elections

24  Commission Trust Fund.

25         Section 53.  Except as otherwise expressly provided in

26  this act, this act shall take effect upon becoming a law.

27  

28  

29  

30  

31  

                                  77

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






    Florida Senate - 2004                    CS for CS for SB 3004
    308-2512-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                       CS Senate Bill 3004

 3                                 

 4  Deletes provisions relating to recounts that would have:

 5  -    Clarified that a manual recount ordered by the
         responsible board was to be conducted on overvotes and
 6       undervotes only on marksense ballots, and that a manual
         recount was prohibited if the number of overvotes and
 7       undervotes on marksense ballots was less than the number
         of votes required to change an election outcome. Provided
 8       that a manual recount of undervotes on touchscreen
         machines would not be conducted. Removes references to
 9       manual recounts on marksense ballots regarding overvotes
         and undervotes.
10  
    -    Provided that a political party or a political committee
11       that was entitled to a manual recount was entitled to a
         manual recount of only the overvotes and undervotes on
12       the marksense ballots.

13  -    Provided that proper and timely requests for a recount to
         the Elections Canvassing Commission or a county
14       canvassing board would result in a manual recount of
         overvotes and undervotes on the marksense ballot.
15       Provided that a manual recount could not be ordered if
         the number of overvotes and undervotes was fewer than the
16       number of votes needed to change the election outcome.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  78

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

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader