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Amendment CaShTmL-021414.HTM
    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 537, 1st Eng.
                        Barcode 021414
                            CHAMBER ACTION
              Senate                               House
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 2                                 .                    
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 3         Floor: 1b/RE/3R         .                    
       04/27/2007 07:43 PM         .                    
 4  ______________________________________________________________
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 7  
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10  ______________________________________________________________
11  Senator Justice moved the following amendment to amendment
12  (941466):
13  
14         Senate Amendment (with title amendment) 
15         On page 12 between lines 29 and 30,
16  
17  insert:  
18         Section 14.  Section 99.012, Florida Statutes, is
19  amended to read:
20         99.012  Restrictions on individuals qualifying for
21  public office.--
22         (1)  As used in this section:
23         (a)  "Officer" means a person, whether elected or
24  appointed, who has the authority to exercise the sovereign
25  power of the state pertaining to an office recognized under
26  the State Constitution or laws of the state.  With respect to
27  a municipality, the term "officer" means a person, whether
28  elected or appointed, who has the authority to exercise
29  municipal power as provided by the State Constitution, state
30  laws, or municipal charter.
31         (b)  "Subordinate officer" means a person who has been
                                  1
    8:52 AM   04/27/07                              h0537.16ee.001

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 021414 1 delegated the authority to exercise the sovereign power of the 2 state by an officer. With respect to a municipality, 3 subordinate officer means a person who has been delegated the 4 authority to exercise municipal power by an officer. 5 (2) No person may qualify as a candidate for more than 6 one public office, whether federal, state, district, county, 7 or municipal, if the terms or any part thereof run 8 concurrently with each other. 9 (3)(a) No officer may qualify as a candidate for 10 another public office, whether state, district, county, or 11 municipal, if the terms or any part thereof run concurrently 12 with each other, without resigning from the office he or she 13 presently holds. 14 (b) The resignation is irrevocable. 15 (c) The written resignation must be submitted at least 16 10 days prior to the first day of qualifying for the office he 17 or she intends to seek. 18 (d) The resignation must be effective no later than 19 the earlier of the following dates: 20 1. The date the officer would take office, if elected; 21 or 22 2. The date the officer's successor is required to 23 take office. 24 (e)1. An elected district, county, or municipal 25 officer must submit his or her resignation to the officer 26 before whom he or she qualified for the office he or she 27 holds, with a copy to the Governor and the Department of 28 State. 29 2. An appointed district, county, or municipal officer 30 must submit his or her resignation to the officer or authority 31 which appointed him or her to the office he or she holds, with 2 8:52 AM 04/27/07 h0537.16ee.001
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 021414 1 a copy to the Governor and the Department of State. 2 3. All other officers must submit their resignations 3 to the Governor with a copy to the Department of State. 4 (f)1. With regard to an elective office, the 5 resignation creates a vacancy in office to be filled by 6 election. Persons may qualify as candidates for nomination 7 and election as if the public officer's term were otherwise 8 scheduled to expire. 9 2. With regard to an elective charter county office or 10 elective municipal office, the vacancy created by the 11 officer's resignation may be filled for that portion of the 12 officer's unexpired term in a manner provided by the 13 respective charter. The office is deemed vacant upon the 14 effective date of the resignation submitted by the official in 15 his or her letter of resignation. 16 (g) Any officer who submits his or her resignation, 17 effective immediately or effective on a date prior to the date 18 of his or her qualifying for office, may then qualify for 19 office as a nonofficeholder, and the provisions of this 20 subsection do not apply. 21 (4)(a) Any officer who qualifies for federal public 22 office must resign from the office he or she presently holds 23 if the terms or any part thereof run concurrently with each 24 other. 25 (b) The resignation is irrevocable. 26 (c) The resignation must be submitted no later than 27 the date upon which the officer qualifies for office. 28 (d) The written resignation must be effective no later 29 than the earlier of the following dates: 30 1. The date the officer would take office, if elected; 31 or 3 8:52 AM 04/27/07 h0537.16ee.001
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 021414 1 2. The date the officer's successor is required to 2 take office. 3 (e)1. An elected district, county, or municipal 4 officer must submit his or her resignation to the officer 5 before whom he or she qualified for the office he or she 6 holds, with a copy to the Governor and the Department of 7 State. 8 2. An appointed district, county, or municipal officer 9 must submit his or her resignation to the officer or authority 10 which appointed him or her to the office he or she holds, with 11 a copy to the Governor and the Department of State. 12 3. All other officers must submit their resignations 13 to the Governor with a copy to the Department of State. 14 (f)1. The failure of an officer who qualifies for 15 federal public office to submit a resignation pursuant to this 16 subsection constitutes an automatic irrevocable resignation, 17 effective immediately, from the office he or she presently 18 holds. 19 2. The Department of State shall send a notice of the 20 automatic resignation to the Governor, and in the case of a 21 district, county, or municipal officer, a copy to: 22 a. The officer before whom he or she qualified if the 23 officer held an elective office; or 24 b. The person or authority who appointed the officer 25 if the officer held an appointive office. 26 (g) The provisions of any special act to the contrary 27 notwithstanding, with regard to an elective office, the 28 resignation creates a vacancy in office to be filled by 29 election, thereby permitting persons to qualify as candidates 30 for nomination and election as if the officer's term were 31 otherwise scheduled to expire. With regard to an elective 4 8:52 AM 04/27/07 h0537.16ee.001
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 021414 1 charter county office or elective municipal office, the 2 vacancy created by the officer's resignation may be filled for 3 that portion of the officer's unexpired term in a manner 4 provided by the respective charter. The office is deemed 5 vacant upon the effective date of the resignation submitted by 6 the official in his or her letter of resignation. 7 (4)(5) A person who is a subordinate officer, deputy 8 sheriff, or police officer must resign effective upon 9 qualifying pursuant to this chapter if the person is seeking 10 to qualify for a public office that is currently held by an 11 officer who has authority to appoint, employ, promote, or 12 otherwise supervise that person and who has qualified as a 13 candidate for reelection to that office. 14 (5)(6) The name of any person who does not comply with 15 this section may be removed from every ballot on which it 16 appears when ordered by a circuit court upon the petition of 17 an elector or the Department of State. 18 (6)(7) This section does not apply to: 19 (a) Political party offices. 20 (b) Persons serving without salary as members of an 21 appointive board or authority. 22 (c) Persons seeking any federal public office. 23 (7)(8) Nothing contained in subsections (3) and (4) 24 relates to persons holding any federal office. 25 26 (Redesignate subsequent sections.) 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 On page 68, line 23, immediately after the semicolon 5 8:52 AM 04/27/07 h0537.16ee.001
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 021414 1 insert: 2 amending s. 99.012, F.S.; exempting persons 3 seeking federal office from the resign-to-run 4 law; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 8:52 AM 04/27/07 h0537.16ee.001
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