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Amendment CaShTmL-941466.HTM
    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 537, 1st Eng.
                        Barcode 941466
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 1/RE/3R          .                    
       04/27/2007 07:44 PM         .                    
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11  Senator Constantine moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Subsection (36) of section 97.021, Florida
18  Statutes, is amended to read:
19         97.021  Definitions.--For the purposes of this code,
20  except where the context clearly indicates otherwise, the
21  term:
22         (36)  "Third-party registration organization" means any
23  person, entity, or organization soliciting or collecting voter
24  registration applications. A third-party voter registration
25  organization does not include:
26         (a)  A political party;
27         (a)(b)  A person who seeks only to register to vote or
28  collect voter registration applications from that person's
29  spouse, child, or parent; or
30         (b)(c)  A person engaged in registering to vote or
31  collecting voter registration applications as an employee or
                                  1
    8:14 PM   04/26/07                             h0537e1d-22-j01

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 agent of the division, supervisor of elections, Department of 2 Highway Safety and Motor Vehicles, or a voter registration 3 agency. 4 Section 2. Subsection (3) of section 97.0575, Florida 5 Statutes, is amended to read: 6 97.0575 Third-party voter registrations.-- 7 (3) A third-party voter registration organization that 8 collects voter registration applications serves as a fiduciary 9 to the applicant, ensuring that any voter registration 10 application entrusted to the third-party voter registration 11 organization, irrespective of party affiliation, race, 12 ethnicity, or gender shall be promptly delivered to the 13 division or the supervisor of elections. If a voter 14 registration application collected by any third-party voter 15 registration organization is not promptly delivered to the 16 division or supervisor of elections, the individual collecting 17 the voter registration application, the registered agent, and 18 those individuals responsible for the day-to-day operation of 19 the third-party voter registration organization, including, if 20 applicable, the entity's board of directors, president, vice 21 president, managing partner, or such other individuals engaged 22 in similar duties or functions, shall be personally and 23 jointly and severally liable for the following fines: 24 (a) A fine in the amount of $50 $250 for each 25 application received by the division or the supervisor of 26 elections more than 10 days after the applicant delivered the 27 completed voter registration application to the third-party 28 voter registration organization or any person, entity, or 29 agent acting on its behalf. A fine in the amount of $250 for 30 each application received if the third-party registration 31 organization or person, entity, or agency acting on its behalf 2 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 acted willfully. 2 (b) A fine in the amount of $100 $500 for each 3 application collected by a third-party voter registration 4 organization or any person, entity, or agent acting on its 5 behalf, prior to book closing for any given election for 6 federal or state office and received by the division or the 7 supervisor of elections after the book closing deadline for 8 such election. A fine in the amount of $500 for each 9 application received if the third-party registration 10 organization or person, entity, or agency acting on its behalf 11 acted willfully. 12 (c) A fine in the amount of $500 $5,000 for each 13 application collected by a third-party voter registration 14 organization or any person, entity, or agent acting on its 15 behalf, which is not submitted to the division or supervisor 16 of elections. A fine in the amount of $1,000 for any 17 application not submitted if the third-party registration 18 organization or person, entity, or agency acting on its behalf 19 acted willfully. 20 21 The aggregate fine pursuant to this subsection which may be 22 assessed against a third-party voter registration 23 organization, including affiliate organizations, for 24 violations committed in a calendar year shall be $1,000. The 25 fines provided in this subsection shall be reduced by 26 three-fourths in cases in which the third-party voter 27 registration organization has complied with subsection (1). 28 The secretary shall waive the fines described in this 29 subsection upon a showing that the failure to deliver the 30 voter registration application promptly is based upon force 31 majeure or impossibility of performance. 3 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 Section 3. Effective July 1, 2007, subsections (1), 2 (2), (3), and (6) of section 103.101, Florida Statutes, are 3 amended to read: 4 103.101 Presidential preference primary.-- 5 (1) Each political party other than a minor political 6 party shall, on the last second Tuesday in January March in 7 each year the number of which is a multiple of 4, elect one 8 person to be the candidate for nomination of such party for 9 President of the United States or select delegates to the 10 national nominating convention, as provided by party rule. 11 (2) There shall be a Presidential Candidate Selection 12 Committee composed of the Secretary of State, who shall be a 13 nonvoting chair; the Speaker of the House of Representatives; 14 the President of the Senate; the minority leader of each house 15 of the Legislature; and the chair of each political party 16 required to have a presidential preference primary under this 17 section. 18 (a) By October December 31 of the year preceding the 19 Florida presidential preference primary, each political party 20 shall submit to the Secretary of State a list of its 21 presidential candidates to be placed on the presidential 22 preference primary ballot or candidates entitled to have 23 delegates appear on the presidential preference primary 24 ballot. The Secretary of State shall prepare and publish a 25 list of the names of the presidential candidates submitted. 26 The Secretary of State shall submit such list of names of 27 presidential candidates to the selection committee on the 28 first Tuesday after the first Monday in November of the 29 January each year preceding the a presidential preference 30 primary election is held. Each person designated as a 31 presidential candidate shall have his or her name appear, or 4 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 have his or her delegates' names appear, on the presidential 2 preference primary ballot unless all committee members of the 3 same political party as the candidate agree to delete such 4 candidate's name from the ballot. The selection committee 5 shall meet in Tallahassee on the first Tuesday after the first 6 Monday in November of the January each year preceding the a 7 presidential preference primary is held. The selection 8 committee shall publicly announce and submit to the Department 9 of State no later than 5 p.m. on the following day the names 10 of presidential candidates who shall have their names appear, 11 or who are entitled to have their delegates' names appear, on 12 the presidential preference primary ballot. The Department of 13 State shall immediately notify each presidential candidate 14 designated by the committee. Such notification shall be in 15 writing, by registered mail, with return receipt requested. 16 (b) Any presidential candidate whose name does not 17 appear on the list submitted to the Secretary of State may 18 request that the selection committee place his or her name on 19 the ballot. Such request shall be made in writing to the 20 Secretary of State no later than the second Tuesday after the 21 first Monday in November of the year preceding the 22 presidential preference primary January. 23 (c) If a presidential candidate makes a request that 24 the selection committee reconsider placing the candidate's 25 name on the ballot, the selection committee will reconvene no 26 later than the second Thursday after the first Monday in 27 November of the year preceding the presidential preference 28 primary January to reconsider placing the candidate's name on 29 the ballot. The Department of State shall immediately notify 30 such candidate of the selection committee's decision. 31 (3) A candidate's name shall be printed on the 5 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 presidential preference primary ballot unless the candidate 2 submits to the Department of State, prior to the second 3 Tuesday after the first Monday in November of the year 4 preceding the presidential preference primary January, an 5 affidavit stating that he or she is not now, and does not 6 presently intend to become, a candidate for President at the 7 upcoming nominating convention. If a candidate withdraws 8 pursuant to this subsection, the Department of State shall 9 notify the state executive committee that the candidate's name 10 will not be placed on the ballot. The Department of State 11 shall, no later than the third Tuesday after the first Monday 12 in November of the year preceding the presidential preference 13 primary January, certify to each supervisor of elections the 14 name of each candidate for political party nomination to be 15 printed on the ballot. 16 (6) Delegates must qualify no later than the second 17 Friday in November of the year preceding the presidential 18 preference primary January in the manner provided by party 19 rule. 20 Section 4. Effective July 1, 2007, subsection (3) is 21 added to section 101.75, Florida Statutes, to read: 22 101.75 Municipal elections; change of dates for 23 cause.-- 24 (3) Notwithstanding any provision of local law, for 25 any municipality whose election is scheduled to be held in 26 March 2008, the governing body of the municipality, 27 notwithstanding any municipal charter provision, may, by 28 ordinance, move the date of the general municipal election in 29 2008 and in each subsequent year that is a multiple of 4 to 30 the date concurrent with the presidential preference primary. 31 The dates for qualifying for the general municipal election 6 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 moved by the passage of such an ordinance shall be 2 specifically provided for in the ordinance and shall run for 3 no less than 14 days. The term of office for any elected 4 municipal official shall commence as provided by the relevant 5 municipal charter or ordinance, and the term of office for any 6 elected municipal official whose term was due to expire in 7 March 2008 shall expire as provided by the relevant municipal 8 charter or ordinance. 9 Section 5. Effective July 1, 2008, subsection (1) of 10 section 101.151, Florida Statutes, is amended to read: 11 101.151 Specifications for ballots.-- 12 (1)(a) Marksense ballots shall be printed on paper of 13 such thickness that the printing cannot be distinguished from 14 the back and shall meet the specifications of the voting 15 system that will be used to tabulate the ballots. 16 (b) Early voting sites may employ a ballot-on-demand 17 production system to print individual marksense ballots, 18 including provisional ballots, for eligible electors pursuant 19 to s. 101.657. Ballot-on-demand technology may be used to 20 produce marksense absentee ballots. Not later than 30 days 21 before an election, the Secretary of State may also authorize 22 in writing the use of ballot-on-demand technology for the 23 production of election-day ballots. 24 Section 6. Effective July 1, 2008, section 101.56075, 25 Florida Statutes, is created to read: 26 101.56075 Voting methods.-- 27 (1) Except as provided in subsection (2), all voting 28 shall be by marksense ballot utilizing a marking device for 29 the purpose of designating ballot selections. 30 (2) Persons with disabilities may vote on a voter 31 interface device that meets the voting system accessibility 7 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 requirements for individuals with disabilities pursuant to 2 section 301 of the federal Help America Vote Act of 2002 and 3 s. 101.56062. 4 (3) By 2012, persons with disabilities shall vote on a 5 voter interface device that meets the voter accessibility 6 requirements for individuals with disabilities under section 7 301 of the federal Help America Vote Act of 2002 and s. 8 101.56062, which are consistent with subsection (1) of this 9 section. 10 Section 7. Effective July 1, 2008, subsection (5) is 11 added to section 101.5612, Florida Statutes, to read: 12 101.5612 Testing of tabulating equipment.-- 13 (5) Any tests involving marksense ballots pursuant to 14 this section shall employ pre-printed ballots, if pre-printed 15 ballots will be used in the election, and ballot-on-demand 16 ballots, if ballot-on-demand technology will be used to 17 produce ballots in the election, or both. 18 Section 8. Effective July 1, 2008, section 101.591, 19 Florida Statutes, is amended to read: 20 (Substantial rewording of section. See 21 s. 101.591, F.S., for present text.) 22 101.591 Voting system audit.-- 23 (1) Immediately following the certification of each 24 election, the county canvassing board or the local board 25 responsible for certifying the election shall conduct a manual 26 audit of the voting systems used in randomly selected 27 precincts. 28 (2) The audit shall consist of a public manual tally 29 of the votes cast in one randomly selected race that appears 30 on the ballot. The tally sheet shall include election-day, 31 absentee, early voting, provisional, and overseas ballots, in 8 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 at least 1 percent but no more than 2 percent of the precincts 2 chosen at random by the county canvassing board or the local 3 board responsible for certifying the election. If 1 percent of 4 the precincts is less than one entire precinct, the audit 5 shall be conducted using at least one precinct chosen at 6 random by the county canvassing board or the local board 7 responsible for certifying the election. Such precincts shall 8 be selected at a publicly-noticed canvassing board meeting. 9 (3) The canvassing board shall post a notice of the 10 audit, including the date, time, and place, in four 11 conspicuous places in the county and on the home page of the 12 county supervisor of elections web site. 13 (4) The audit must be completed and the results made 14 public no later than 11:59 p.m. on the 7th day following 15 certification of the election by the county canvassing board 16 or the local board responsible for certifying the election. 17 (5) Within 15 days after completion of the audit, the 18 county canvassing board or the board responsible for 19 certifying the election shall provide a report with the 20 results of the audit to the Department of State in a standard 21 format as prescribed by the department. The report shall 22 contain, but is not limited to, the following items: 23 (a) The overall accuracy of audit. 24 (b) A description of any problems or discrepancies 25 encountered. 26 (c) The likely cause of such problems or 27 discrepancies. 28 (d) Recommended corrective action with respect to 29 avoiding or mitigating such circumstances in future elections. 30 Section 9. Effective upon this act becoming a law, the 31 Department of State shall adopt rules to implement the 9 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 provisions of s. 101.591, Florida Statutes, as amended by 2 section 8 which prescribe detailed audit procedures for each 3 voting system, which shall be uniform to the extent 4 practicable, along with the standard form for audit reports. 5 Section 10. Effective upon this act becoming a law: 6 (1) Notwithstanding ss. 101.292-101.295 and s. 7 101.5604, Florida Statutes, as a condition of the state 8 purchasing optical scan voting equipment and ballot-on-demand 9 equipment to replace touchscreen equipment as provided in 10 section 11, each recipient county hereby authorizes the 11 Secretary of State to act as its agent to negotiate the 12 purchase of new equipment and the sale, exchange, or other 13 disposition of existing touchscreen voting equipment that is 14 not necessary to conduct voting for individuals with 15 disabilities. Further, each such county hereby designates the 16 Secretary of State as the authorized recipient of all proceeds 17 realized from the sale, exchange, or other disposition of the 18 voting equipment, after satisfying obligations or indebtedness 19 associated with the voting equipment, up to and including the 20 state's cost to fund the county's new equipment. The secretary 21 shall deposit the proceeds in the Grants and Donations Trust 22 Fund within 60 days after the sale, exchange, or other 23 disposition. 24 (2) A county commission may choose to opt out of this 25 state funding scheme by filing a notice to that effect with 26 the Department of State no later than June 30, 2007. Any 27 county choosing to opt out shall continue to be governed by 28 the provisions of ss. 101.292-101.295 and s. 101.5604, Florida 29 Statutes, with respect to the purchase of new voting systems 30 and equipment. 31 Section 11. Effective July 1, 2007: 10 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 (1) The Department of State is authorized to purchase: 2 (a) Election-day optical scan voting equipment, for 3 the following counties: Broward, Charlotte, Collier, 4 Hillsborough, Indian River, Lake, Lee, Martin, Miami-Dade, 5 Nassau, Palm Beach, Pasco, Pinellas, Sarasota, and Sumter. 6 (b) Ballot-on-demand equipment for use at early voting 7 sites, including optical scan tabulators, for the following 8 counties: Bay, Brevard, Broward, Charlotte, Clay, Collier, 9 Escambia, Hillsborough, Indian River, Jackson, Lake, Lee, 10 Levy, Marion, Martin, Miami-Dade, Nassau, Okaloosa, Orange, 11 Osceola, Palm Beach, Pasco, Pinellas, Santa Rosa, Sarasota, 12 St. Johns, Sumter, Taylor, and Washington. 13 (2) The sum of $27,861,850 is appropriated from the 14 Grants and Donations Trust Fund to the Division of Elections 15 within the Department of State for the purpose of implementing 16 this section. 17 Section 12. Paragraph (b) of subsection (1) of section 18 97.041, Florida Statutes, is amended to read: 19 97.041 Qualifications to register or vote.-- 20 (1) 21 (b) A person who is otherwise qualified may 22 preregister on or after that person's 17th birthday or receipt 23 of a valid Florida driver's license, whichever occurs earlier, 24 and may vote in any election occurring on or after that 25 person's 18th birthday. 26 Section 13. Subsections (6) and (7) of section 97.053, 27 Florida Statutes, are amended to read: 28 97.053 Acceptance of voter registration 29 applications.-- 30 (6) A voter registration application may be accepted 31 as valid only after the department has verified the 11 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 authenticity or nonexistence of the driver's license number, 2 the Florida identification card number, or the last four 3 digits of the social security number provided by the 4 applicant. If a completed voter registration application has 5 been received by the book-closing deadline but the driver's 6 license number, the Florida identification card number, or the 7 last four digits of the social security number provided by the 8 applicant cannot be verified, the applicant shall be notified 9 that the application is incomplete and that the voter must 10 provide evidence to the supervisor sufficient to verify the 11 authenticity of the number provided on the application. If the 12 voter provides the necessary evidence, the supervisor shall 13 place the voter's name on the registration rolls as an active 14 voter. If the voter has not provided the necessary evidence or 15 the number has not otherwise been verified prior to the 16 applicant presenting himself or herself to vote, the applicant 17 shall be provided a provisional ballot. The provisional ballot 18 shall be counted only if the application is verified by the 19 end of the canvassing period or if the applicant presents 20 evidence to the supervisor of elections sufficient to verify 21 the authenticity of the driver's license number, Florida 22 identification card number, or last four digits of the social 23 security number provided on the application no later than 5 24 p.m. of the second third day following the election. 25 (7) All voter registration applications received by a 26 voter registration official shall be entered into the 27 statewide voter registration system within 13 15 days after 28 receipt. Once entered, the application shall be immediately 29 forwarded to the appropriate supervisor of elections. 30 Section 14. Paragraph (a) of subsection (1) of section 31 99.021, Florida Statutes, is amended to read: 12 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 99.021 Form of candidate oath.-- 2 (1)(a)1. Each candidate, whether a party candidate, a 3 candidate with no party affiliation, or a write-in candidate, 4 in order to qualify for nomination or election to any office 5 other than a judicial office as defined in chapter 105 or a 6 federal office, shall take and subscribe to an oath or 7 affirmation in writing. A printed copy of the oath or 8 affirmation shall be furnished to the candidate by the officer 9 before whom such candidate seeks to qualify and shall be 10 substantially in the following form: 11 12 State of Florida 13 County of.... 14 Before me, an officer authorized to administer oaths, 15 personally appeared ...(please print name as you wish it to 16 appear on the ballot)..., to me well known, who, being sworn, 17 says that he or she is a candidate for the office of ....; 18 that he or she is a qualified elector of .... County, Florida; 19 that he or she is qualified under the Constitution and the 20 laws of Florida to hold the office to which he or she desires 21 to be nominated or elected; that he or she has taken the oath 22 required by ss. 876.05-876.10, Florida Statutes; that he or 23 she has qualified for no other public office in the state, the 24 term of which office or any part thereof runs concurrent with 25 that of the office he or she seeks; and that he or she has 26 resigned from any office from which he or she is required to 27 resign pursuant to s. 99.012, Florida Statutes. 28 ...(Signature of candidate)... 29 ...(Address)... 30 31 Sworn to and subscribed before me this .... day of ...., 13 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 ...(year)..., at .... County, Florida. 2 ...(Signature and title of officer administering oath)... 3 4 2. Each candidate for federal office, whether a party 5 candidate, a candidate with no party affiliation, or a 6 write-in candidate, in order to qualify for nomination or 7 election to office shall take and subscribe to an oath or 8 affirmation in writing. A printed copy of the oath or 9 affirmation shall be furnished to the candidate by the officer 10 before whom such candidate seeks to qualify and shall be 11 substantially in the following form: 12 13 State of Florida 14 County of __________ 15 Before me, an officer authorized to administer oaths, 16 personally appeared (please print name as you wish it to 17 appear on the ballot), to me well known, who, being sworn, 18 says that he or she is a candidate for the office of 19 __________; that he or she is qualified under the Constitution 20 and laws of the United States to hold the office to which he 21 or she desires to be nominated or elected; that he or she has 22 qualified for no other public office in the state, the term of 23 which office or any part thereof runs concurrent with that of 24 the office he or she seeks; and that he or she has resigned 25 from any office from which he or she is required to resign 26 pursuant to s. 99.012, Florida Statutes. 27 __(Signature of candidate) __ 28 (Address) 29 30 Sworn to and subscribed before me this _____ day of ______ 31 (year), at _____ County, Florida. 14 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 ...(Signature and title of officer administering oath)... 2 Section 15. Section 99.061, Florida Statutes, is 3 amended to read: 4 99.061 Method of qualifying for nomination or election 5 to federal, state, county, or district office.-- 6 (1) The provisions of any special act to the contrary 7 notwithstanding, each person seeking to qualify for nomination 8 or election to a federal, state, or multicounty district 9 office, other than election to a judicial office as defined in 10 chapter 105 or the office of school board member, shall file 11 his or her qualification papers with, and pay the qualifying 12 fee, which shall consist of the filing fee and election 13 assessment, and party assessment, if any has been levied, to, 14 the Department of State, or qualify by the petition process 15 pursuant to s. 99.095 with the Department of State, at any 16 time after noon of the 1st day for qualifying, which shall be 17 as follows: the 120th day prior to the primary election, but 18 not later than noon of the 116th day prior to the date of the 19 primary election, for persons seeking to qualify for 20 nomination or election to federal office or to the office of 21 the state attorney or the public defender; and noon of the 22 71st 50th day prior to the primary election, but not later 23 than noon of the 67th 46th day prior to the date of the 24 primary election, for persons seeking to qualify for 25 nomination or election to a state or multicounty district 26 office, other than the office of the state attorney or the 27 public defender. 28 (2) The provisions of any special act to the contrary 29 notwithstanding, each person seeking to qualify for nomination 30 or election to a county office, or district or special 31 district office not covered by subsection (1), shall file his 15 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 or her qualification papers with, and pay the qualifying fee, 2 which shall consist of the filing fee and election assessment, 3 and party assessment, if any has been levied, to, the 4 supervisor of elections of the county, or shall qualify by the 5 petition process pursuant to s. 99.095 with the supervisor of 6 elections, at any time after noon of the 1st day for 7 qualifying, which shall be the 71st 50th day prior to the 8 primary election or special district election, but not later 9 than noon of the 67th 46th day prior to the date of the 10 primary election or special district election. However, if a 11 special district election is held at the same time as the 12 general election, qualifying shall be the 50th day prior to 13 the primary election, but not later than noon of the 46th day 14 prior to the date of the primary election. Within 30 days 15 after the closing of qualifying time, the supervisor of 16 elections shall remit to the secretary of the state executive 17 committee of the political party to which the candidate 18 belongs the amount of the filing fee, two-thirds of which 19 shall be used to promote the candidacy of candidates for 20 county offices and the candidacy of members of the 21 Legislature. 22 (3) Notwithstanding the provisions of any special act 23 to the contrary, each person seeking to qualify for election 24 to a special district office shall qualify between noon of the 25 71st day prior to the primary election and noon of the 67th 26 day prior to the date of the primary election. Candidates for 27 single county special districts shall qualify with the 28 supervisor of elections in the county in which the district is 29 located. If the district is a multicounty district, candidates 30 shall qualify with the Department of State. All special 31 district candidates shall qualify by paying a filing fee of 16 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 $25 or qualify by the petition process pursuant to s. 99.095. 2 Notwithstanding s. 106.021, a candidate who does not collect 3 contributions and whose only expense is the filing fee or 4 signature verification fee is not required to appoint a 5 campaign treasurer or designate a primary campaign depository. 6 (4)(3)(a) Each person seeking to qualify for election 7 to office as a write-in candidate shall file his or her 8 qualification papers with the respective qualifying officer at 9 any time after noon of the 1st day for qualifying, but not 10 later than noon of the last day of the qualifying period for 11 the office sought. 12 (b) Any person who is seeking election as a write-in 13 candidate shall not be required to pay a filing fee, election 14 assessment, or party assessment. A write-in candidate is shall 15 not be entitled to have his or her name printed on any ballot; 16 however, space for the write-in candidate's name to be written 17 in must shall be provided on the general election ballot. A No 18 person may not qualify as a write-in candidate if the person 19 has also otherwise qualified for nomination or election to 20 such office. 21 (5)(4) At the time of qualifying for office, each 22 candidate for a constitutional office shall file a full and 23 public disclosure of financial interests pursuant to s. 8, 24 Art. II of the State Constitution, and a candidate for any 25 other office, including local elective office, shall file a 26 statement of financial interests pursuant to s. 112.3145. 27 (6)(5) The Department of State shall certify to the 28 supervisor of elections, within 7 days after the closing date 29 for qualifying, the names of all duly qualified candidates for 30 nomination or election who have qualified with the Department 31 of State. 17 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 (6) Notwithstanding the qualifying period prescribed 2 in this section, if a candidate has submitted the necessary 3 petitions by the required deadline in order to qualify by the 4 petition process pursuant to s. 99.095 as a candidate for 5 nomination or election and the candidate is notified after the 6 5th day prior to the last day for qualifying that the required 7 number of signatures has been obtained, the candidate is 8 entitled to subscribe to the candidate's oath and file the 9 qualifying papers at any time within 5 days from the date the 10 candidate is notified that the necessary number of signatures 11 has been obtained. Any candidate who qualifies within the time 12 prescribed in this subsection is entitled to have his or her 13 name printed on the ballot. 14 (7)(a) In order for a candidate to be qualified, the 15 following items must be received by the filing officer by the 16 end of the qualifying period: 17 1. A properly executed check drawn upon the 18 candidate's campaign account in an amount not less than the 19 fee required by s. 99.092 or, in lieu thereof, as applicable, 20 the copy of the notice of obtaining ballot position pursuant 21 to s. 99.095. The filing fee for a special district candidate 22 is not required to be drawn upon the candidate's campaign 23 account. If a candidate's check is returned by the bank for 24 any reason, the filing officer shall immediately notify the 25 candidate and the candidate shall, the end of qualifying 26 notwithstanding, have 48 hours from the time such notification 27 is received, excluding Saturdays, Sundays, and legal holidays, 28 to pay the fee with a cashier's check purchased from funds of 29 the campaign account. Failure to pay the fee as provided in 30 this subparagraph shall disqualify the candidate. 31 2. The candidate's oath required by s. 99.021, which 18 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 must contain the name of the candidate as it is to appear on 2 the ballot; the office sought, including the district or group 3 number if applicable; and the signature of the candidate, duly 4 acknowledged. 5 3. The loyalty oath required by s. 876.05, signed by 6 the candidate and duly acknowledged. 7 4. If the office sought is partisan, the written 8 statement of political party affiliation required by s. 9 99.021(1)(b). 10 5. The completed form for the appointment of campaign 11 treasurer and designation of campaign depository, as required 12 by s. 106.021. 13 6. The full and public disclosure or statement of 14 financial interests required by subsection (5) (4). A public 15 officer who has filed the full and public disclosure or 16 statement of financial interests with the Commission on Ethics 17 or the supervisor of elections prior to qualifying for office 18 may file a copy of that disclosure at the time of qualifying. 19 (b) If the filing officer receives qualifying papers 20 that do not include all items as required by paragraph (a) 21 prior to the last day of qualifying, the filing officer shall 22 make a reasonable effort to notify the candidate of the 23 missing or incomplete items and shall inform the candidate 24 that all required items must be received by the close of 25 qualifying. A candidate's name as it is to appear on the 26 ballot may not be changed after the end of qualifying. 27 (8) Notwithstanding the qualifying period prescribed 28 in this section, a qualifying office may accept and hold 29 qualifying papers submitted not earlier than 14 days prior to 30 the beginning of the qualifying period, to be processed and 31 filed during the qualifying period. 19 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 (9) Notwithstanding the qualifying period prescribed 2 by this section, in each year in which the Legislature 3 apportions the state, the qualifying period for persons 4 seeking to qualify for nomination or election to federal 5 office shall be between noon of the 71st 57th day prior to the 6 primary election, but not later than noon of the 67th 53rd day 7 prior to the primary election. 8 (10) The Department of State may prescribe by rule 9 requirements for filing papers to qualify as a candidate under 10 this section. 11 Section 16. Subsections (2) and (4) of section 99.095, 12 Florida Statutes, are amended to read: 13 99.095 Petition process in lieu of a qualifying fee 14 and party assessment.-- 15 (2)(a) Except as provided in paragraph (b), a 16 candidate must shall obtain the number of signatures of voters 17 in the geographical area represented by the office sought 18 equal to at least 1 percent of the total number of registered 19 voters of that geographical area, as shown by the compilation 20 by the department for the immediately last preceding general 21 election. Signatures may not be obtained until the candidate 22 has filed the appointment of campaign treasurer and 23 designation of campaign depository pursuant to s. 106.021. 24 (b) A candidate for a special district office shall 25 obtain 25 signatures of voters in the geographical area 26 represented by the office sought. 27 (c)(b) The format of the petition shall be prescribed 28 by the division and shall be used by candidates to reproduce 29 petitions for circulation. If the candidate is running for an 30 office that requires a group or district designation, the 31 petition must indicate that designation and, if it does not, 20 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 the signatures are not valid. A separate petition is required 2 for each candidate. 3 (4)(a) Certifications for candidates for federal, 4 state, or multicounty district, or multicounty special 5 district office shall be submitted to the division no later 6 than the 7th day before the first day of the qualifying period 7 for the office sought. The division shall determine whether 8 the required number of signatures has been obtained and shall 9 notify the candidate. 10 (b) For candidates for county, or district, or special 11 district office not covered by paragraph (a), the supervisor 12 shall determine whether the required number of signatures has 13 been obtained and shall notify the candidate. 14 Section 17. Effective upon this act becoming a law, 15 section 99.096, Florida Statutes, is amended to read: 16 99.096 Minor political party candidates; names on 17 ballot.-- 18 (1) No later than noon of the third day prior to the 19 first day of the qualifying period prescribed for federal 20 candidates, the executive committee of a minor political party 21 shall submit to the Department of State a list of federal 22 candidates nominated by the party to be on the general 23 election ballot. No later than noon of the third day prior to 24 the first day of the qualifying period for state candidates, 25 the executive committee of a minor political party shall 26 submit to the filing officer for each of the candidates the 27 official list of the state, multicounty, and county candidates 28 nominated by that party to be on the ballot in the general 29 election. The official list of nominated candidates may not be 30 changed by the party after having been filed with the filing 31 officers, except that vacancies in nominations may be filled 21 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 pursuant to s. 100.111. 2 (2) Each person seeking to qualify for election as a 3 candidate of a minor political party shall file his or her 4 qualifying papers with, and pay the qualifying fee and, if one 5 has been levied, the party assessment, or qualify by the 6 petition process pursuant to s. 99.095, with the officer and 7 at the times and under the circumstances provided in s. 8 99.061. 9 Section 18. Effective upon this act becoming a law, 10 section 99.0965, Florida Statutes, is repealed. 11 Section 19. Paragraph (a) of subsection (2) of section 12 100.041, Florida Statutes, is amended to read: 13 100.041 Officers chosen at general election.-- 14 (2)(a) Each county commissioner from an odd-numbered 15 district shall be elected at the general election in each year 16 the number of which is a multiple of 4, for a 4-year term 17 commencing on the second Tuesday following such election, and 18 each county commissioner from an even-numbered district shall 19 be elected at the general election in each even-numbered year 20 the number of which is not a multiple of 4, for a 4-year term 21 commencing on the second Tuesday following such election. A 22 county commissioner is "elected" for purposes of this 23 paragraph on the date that the county canvassing board 24 certifies the results of the election pursuant to s. 102.151. 25 Section 20. Effective upon this act becoming a law, 26 section 100.051, Florida Statutes, is amended to read: 27 100.051 Candidate's name on general election 28 ballot.--The supervisor of elections of each county shall 29 print on ballots to be used in the county at the next general 30 election the names of candidates who have been nominated by a 31 political party, other than a minor political party, and the 22 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 candidates who have otherwise obtained a position on the 2 general election ballot in compliance with the requirements of 3 this code. 4 Section 21. Section 100.061, Florida Statutes, is 5 amended to read: 6 100.061 Primary election.--In each year in which a 7 general election is held, a primary election for nomination of 8 candidates of political parties shall be held on the Tuesday 9 10 9 weeks prior to the general election. The candidate 10 receiving the highest number of votes cast in each contest in 11 the primary election shall be declared nominated for such 12 office. If two or more candidates receive an equal and highest 13 number of votes for the same office, such candidates shall 14 draw lots to determine which candidate is nominated. 15 Section 22. Effective upon this act becoming a law, 16 subsection (3) of section 100.111, Florida Statutes, is 17 amended to read: 18 100.111 Filling vacancy.-- 19 (3) Whenever there is a vacancy for which a special 20 election is required pursuant to s. 100.101, the Governor, 21 after consultation with the Secretary of State, shall fix the 22 dates of a special primary election and a special election. 23 Nominees of political parties other than minor political 24 parties shall be chosen under the primary laws of this state 25 in the special primary election to become candidates in the 26 special election. Prior to setting the special election dates, 27 the Governor shall consider any upcoming elections in the 28 jurisdiction where the special election will be held. The 29 dates fixed by the Governor shall be specific days certain and 30 shall not be established by the happening of a condition or 31 stated in the alternative. The dates fixed shall provide a 23 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 minimum of 2 weeks between each election. In the event a 2 vacancy occurs in the office of state senator or member of the 3 House of Representatives when the Legislature is in regular 4 legislative session, the minimum times prescribed by this 5 subsection may be waived upon concurrence of the Governor, the 6 Speaker of the House of Representatives, and the President of 7 the Senate. If a vacancy occurs in the office of state senator 8 and no session of the Legislature is scheduled to be held 9 prior to the next general election, the Governor may fix the 10 dates for the special primary election and for the special 11 election to coincide with the dates of the primary election 12 and general election. If a vacancy in office occurs in any 13 district in the state Senate or House of Representatives or in 14 any congressional district, and no session of the Legislature, 15 or session of Congress if the vacancy is in a congressional 16 district, is scheduled to be held during the unexpired portion 17 of the term, the Governor is not required to call a special 18 election to fill such vacancy. 19 (a) The dates for candidates to qualify in such 20 special election or special primary election shall be fixed by 21 the Department of State, and candidates shall qualify not 22 later than noon of the last day so fixed. The dates fixed for 23 qualifying shall allow a minimum of 14 days between the last 24 day of qualifying and the special primary election. 25 (b) The filing of campaign expense statements by 26 candidates in such special elections or special primaries and 27 by committees making contributions or expenditures to 28 influence the results of such special primaries or special 29 elections shall be not later than such dates as shall be fixed 30 by the Department of State, and in fixing such dates the 31 Department of State shall take into consideration and be 24 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 governed by the practical time limitations. 2 (c) The dates for a candidate to qualify by the 3 petition process pursuant to s. 99.095 in such special primary 4 or special election shall be fixed by the Department of State. 5 In fixing such dates the Department of State shall take into 6 consideration and be governed by the practical time 7 limitations. Any candidate seeking to qualify by the petition 8 process in a special primary election shall obtain 25 percent 9 of the signatures required by s. 99.095. 10 (d) The qualifying fees and party assessments of such 11 candidates as may qualify shall be the same as collected for 12 the same office at the last previous primary for that office. 13 The party assessment shall be paid to the appropriate 14 executive committee of the political party to which the 15 candidate belongs. 16 (e) Each county canvassing board shall make as speedy 17 a return of the result of such special primary elections and 18 special elections as time will permit, and the Elections 19 Canvassing Commission likewise shall make as speedy a canvass 20 and declaration of the nominees as time will permit. 21 Section 23. Section 100.191, Florida Statutes, is 22 amended to read: 23 100.191 General election laws applicable to special 24 elections; returns.--All laws that are applicable to general 25 elections are applicable to special elections or special 26 primary elections to fill a vacancy in office or nomination, 27 except that the canvass of returns by the county canvassing 28 board of each county in which a special election is held shall 29 be made on the day following the election, and the certificate 30 of the result of the canvass shall be immediately forwarded to 31 the Department of State. The Elections Canvassing Commission 25 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 shall immediately, upon receipt of returns from the county in 2 which a special election is held, proceed to canvass the 3 returns and determine and declare the result thereof. 4 Section 24. Effective August 1, 2007, subsections (1) 5 and (3) of section 100.371, Florida Statutes, are amended, 6 present subsection (6) of that section is renumbered as 7 subsection (7) and amended, and a new subsection (6) is added 8 to that section, to read: 9 100.371 Initiatives; procedure for placement on 10 ballot.-- 11 (1) Constitutional amendments proposed by initiative 12 shall be placed on the ballot for the general election, 13 provided the initiative petition has been filed with the 14 Secretary of State no later than February 1 of the year the 15 general election is held. A petition shall be deemed to be 16 filed with the Secretary of State upon the date the secretary 17 determines that valid and verified the petition forms have has 18 been signed by the constitutionally required number and 19 distribution of electors under this code, subject to the right 20 of revocation established in this section. 21 (3) Each signature shall be dated when made and shall 22 be valid for a period of 4 years following such date, provided 23 all other requirements of law are met. The sponsor shall 24 submit signed and dated forms to the appropriate supervisor of 25 elections for verification as to the number of registered 26 electors whose valid signatures appear thereon. The supervisor 27 shall promptly verify the signatures within 30 days of receipt 28 of the petition forms and upon payment of the fee required by 29 s. 99.097. The supervisor shall promptly record each valid 30 signature in the statewide voter registration system, in the 31 manner prescribed by the Secretary of State, the date each 26 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 form is received by the supervisor and the date the signature 2 on the form is verified as valid. The supervisor may verify 3 that the signature on a form is valid only if: 4 (a) The form contains the original signature of the 5 purported elector. 6 (b) The purported elector has accurately recorded on 7 the form the date on which he or she signed the form. 8 (c) The form accurately sets forth the purported 9 elector's name, street address, county, and voter registration 10 number or date of birth. 11 (d) The purported elector is, at the time he or she 12 signs the form, a duly qualified and registered elector 13 authorized to vote in the county in which his or her signature 14 is submitted. 15 16 The supervisor shall retain the signature forms for at least 1 17 year following the election in which the issue appeared on the 18 ballot or until the Division of Elections notifies the 19 supervisors of elections that the committee which circulated 20 the petition is no longer seeking to obtain ballot position. 21 (6)(a) An elector's signature on a petition form may 22 be revoked within 150 days of the date on which he or she 23 signed the petition form by submitting to the appropriate 24 supervisor of elections a signed petition-revocation form 25 adopted by rule for this purpose by the division. 26 (b) The petition-revocation form and the manner in 27 which signatures are obtained, submitted, and verified shall 28 be subject to the same relevant requirements and timeframes as 29 the corresponding petition form and processes under this code 30 and shall be approved by the Secretary of State before any 31 signature on a petition-revocation form is obtained. 27 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 (c) Supervisors of elections shall provide 2 petition-revocation forms to the public at all main and branch 3 offices. 4 (d) The petition-revocation form shall be filed with 5 the supervisor of elections by February 1 preceding the next 6 general election or, if the initiative amendment is not 7 certified for ballot position in that election, by February 1 8 preceding the next successive general election. The supervisor 9 of elections shall promptly verify the signature on the 10 petition-revocation form and process such revocation upon 11 payment, in advance, of a fee of 10 cents or the actual cost 12 of verifying such signature, whichever is less. The supervisor 13 shall promptly record each valid and verified 14 petition-revocation form in the statewide voter registration 15 system in the manner prescribed by the Secretary of State. 16 (7)(6) The Department of State may adopt rules in 17 accordance with s. 120.54 to carry out the provisions of 18 subsections (1)-(6) (1)-(5). 19 Section 25. Subsection (1) of section 101.043, Florida 20 Statutes, is amended to read: 21 101.043 Identification required at polls.-- 22 (1) The precinct register, as prescribed in s. 98.461, 23 shall be used at the polls for the purpose of identifying the 24 elector at the polls prior to allowing him or her to vote. The 25 clerk or inspector shall require each elector, upon entering 26 the polling place, to present one of the following current and 27 valid picture identifications: 28 (a) Florida driver's license. 29 (b) Florida identification card issued by the 30 Department of Highway Safety and Motor Vehicles. 31 (c) United States passport. 28 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 (d) Employee badge or identification. 2 (e) Buyer's club identification. 3 (d)(f) Debit or credit card. 4 (e)(g) Military identification. 5 (f)(h) Student identification. 6 (g)(i) Retirement center identification. 7 (h)(j) Neighborhood association identification. 8 (i)(k) Public assistance identification. 9 10 If the picture identification does not contain the signature 11 of the voter, an additional identification that provides the 12 voter's signature shall be required. The elector shall sign 13 his or her name in the space provided on the precinct register 14 or on an electronic device provided for recording the voter's 15 signature. The clerk or inspector shall compare the signature 16 with that on the identification provided by the elector and 17 enter his or her initials in the space provided on the 18 precinct register or on an electronic device provided for that 19 purpose and allow the elector to vote if the clerk or 20 inspector is satisfied as to the identity of the elector. 21 Section 26. Subsection (1) of section 101.048, Florida 22 Statutes, is amended to read: 23 101.048 Provisional ballots.-- 24 (1) At all elections, a voter claiming to be properly 25 registered in the state and eligible to vote at the precinct 26 in the election but whose eligibility cannot be determined, a 27 person whom an election official asserts is not eligible, and 28 other persons specified in the code shall be entitled to vote 29 a provisional ballot. Once voted, the provisional ballot shall 30 be placed in a secrecy envelope and thereafter sealed in a 31 provisional ballot envelope. The provisional ballot shall be 29 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 deposited in a ballot box. All provisional ballots shall 2 remain sealed in their envelopes for return to the supervisor 3 of elections. The department shall prescribe the form of the 4 provisional ballot envelope. A person casting a provisional 5 ballot shall have the right to present written evidence 6 supporting his or her eligibility to vote to the supervisor of 7 elections by not later than 5 p.m. on the second third day 8 following the election. 9 Section 27. Subsection (1) of section 101.573, Florida 10 Statutes, is amended to read: 11 101.573 Record of votes by precinct.-- 12 (1) Within 35 75 days after the date of a municipal 13 election or runoff, whichever occurs later, a presidential 14 preference primary, a primary election, a special election, or 15 a general election, the supervisor of elections shall file 16 with the Department of State precinct-level election results, 17 in an electronic format specified by the Department of State, 18 for that election cycle, including any primary elections. 19 Precinct-level election results shall separately record for 20 each precinct all demographic data associated with each 21 precinct at book close for each election, individual vote 22 history, the returns of ballots cast at the precinct location, 23 to which have been added the returns of absentee ballots cast 24 by voters registered in the precinct, and the returns of early 25 ballots cast by voters registered in the precinct. The data 26 are required to be cross referenced by political party and 27 other demographic information as defined by the Department of 28 State. The Department of State shall create a uniform system 29 for the collection and reporting of such precinct-level 30 election results and vote history. 31 Section 28. Subsections (6) and (8) of section 30 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 101.6103, Florida Statutes, are amended to read: 2 101.6103 Mail ballot election procedure.-- 3 (6) The canvassing board may begin the canvassing of 4 mail ballots at 7 a.m. on the sixth fourth day before the 5 election, including processing the ballots through the 6 tabulating equipment. However, results may not be released 7 until after 7 p.m. on election day. Any canvassing board 8 member or election employee who releases any result before 7 9 p.m. on election day commits a felony of the third degree, 10 punishable as provided in s. 775.082, s. 775.083, or s. 11 775.084. 12 (8) Effective July 1, 2005, A ballot that otherwise 13 satisfies the requirements of subsection (5) shall be counted 14 even if the elector dies after mailing the ballot but before 15 election day, as long as, prior to the death of the voter, the 16 ballot was: 17 (a) Postmarked by the United States Postal Service; 18 (b) Date-stamped with a verifiable tracking number by 19 common carrier; or 20 (c) Already in the possession of the supervisor of 21 elections. 22 Section 29. Effective July 1, 2007, subsections (1) 23 and (4) of section 101.62, Florida Statutes, are amended to 24 read: 25 101.62 Request for absentee ballots.-- 26 (1)(a) The supervisor may accept a request for an 27 absentee ballot from an elector in person or in writing. 28 Except as provided in s. 101.694, one request shall be deemed 29 sufficient to receive an absentee ballot for all elections 30 through the next two regularly scheduled general elections 31 which are held within a calendar year, unless the elector or 31 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 the elector's designee indicates at the time the request is 2 made the elections for which the elector desires to receive an 3 absentee ballot. Such request may be considered canceled when 4 any first-class mail sent by the supervisor to the elector is 5 returned as undeliverable. 6 (b) The supervisor may accept a written or telephonic 7 request for an absentee ballot from the elector, or, if 8 directly instructed by the elector, a member of the elector's 9 immediate family, or the elector's legal guardian. For 10 purposes of this section, the term "immediate family" has the 11 same meaning as specified in paragraph (4)(b). The person 12 making the request must disclose: 13 1. The name of the elector for whom the ballot is 14 requested; 15 2. The elector's address; 16 3. The elector's date of birth; 17 4. The requester's name; 18 5. The requester's address; 19 6. The requester's driver's license number, if 20 available; 21 7. The requester's relationship to the elector; and 22 8. The requester's signature (written requests only). 23 (4)(a) To each absent qualified elector overseas who 24 has requested an absentee ballot, the supervisor of elections 25 shall mail an absentee ballot not less fewer than 35 days 26 before the primary election and not less than 45 days before 27 the or general election. 28 (b) The supervisor shall provide an absentee ballot to 29 each elector by whom a request for that ballot has been made 30 by one of the following means: 31 1. By nonforwardable, return-if-undeliverable mail to 32 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 the elector's current mailing address on file with the 2 supervisor, unless the elector specifies in the request that: 3 a. The elector is absent from the county and does not 4 plan to return before the day of the election; 5 b. The elector is temporarily unable to occupy the 6 residence because of hurricane, tornado, flood, fire, or other 7 emergency or natural disaster; or 8 c. The elector is in a hospital, assisted-living 9 facility, nursing home, short-term medical or rehabilitation 10 facility, or correctional facility, 11 12 in which case the supervisor shall mail the ballot by 13 nonforwardable, return-if-undeliverable mail to any other 14 address the elector specifies in the request. 15 2. By forwardable mail to voters who are entitled to 16 vote by absentee ballot under the Uniformed and Overseas 17 Citizens Absentee Voting Act. 18 3. By personal delivery before 7 p.m. on election day 19 to the elector, upon presentation of the identification 20 required in s. 101.043 s. 101.657. 21 4. By delivery to a designee on election day or up to 22 5 4 days prior to the day of an election. Any elector may 23 designate in writing a person to pick up the ballot for the 24 elector; however, the person designated may not pick up more 25 than two absentee ballots per election, other than the 26 designee's own ballot, except that additional ballots may be 27 picked up for members of the designee's immediate family. For 28 purposes of this section, "immediate family" means the 29 designee's spouse or the parent, child, grandparent, or 30 sibling of the designee or of the designee's spouse. The 31 designee shall provide to the supervisor the written 33 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 authorization by the elector and a picture identification of 2 the designee and must complete an affidavit. The designee 3 shall state in the affidavit that the designee is authorized 4 by the elector to pick up that ballot and shall indicate if 5 the elector is a member of the designee's immediate family 6 and, if so, the relationship. The department shall prescribe 7 the form of the affidavit. If the supervisor is satisfied that 8 the designee is authorized to pick up the ballot and that the 9 signature of the elector on the written authorization matches 10 the signature of the elector on file, the supervisor shall 11 give the ballot to that designee for delivery to the elector. 12 Section 30. Subsection (2) of section 101.68, Florida 13 Statutes, is amended to read: 14 101.68 Canvassing of absentee ballot.-- 15 (2)(a) The county canvassing board may begin the 16 canvassing of absentee ballots at 7 a.m. on the sixth fourth 17 day before the election, but not later than noon on the day 18 following the election. In addition, for any county using 19 electronic tabulating equipment, the processing of absentee 20 ballots through such tabulating equipment may begin at 7 a.m. 21 on the sixth fourth day before the election. However, 22 notwithstanding any such authorization to begin canvassing or 23 otherwise processing absentee ballots early, no result shall 24 be released until after the closing of the polls in that 25 county on election day. Any supervisor of elections, deputy 26 supervisor of elections, canvassing board member, election 27 board member, or election employee who releases the results of 28 a canvassing or processing of absentee ballots prior to the 29 closing of the polls in that county on election day commits a 30 felony of the third degree, punishable as provided in s. 31 775.082, s. 775.083, or s. 775.084. 34 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 (b) To ensure that all absentee ballots to be counted 2 by the canvassing board are accounted for, the canvassing 3 board shall compare the number of ballots in its possession 4 with the number of requests for ballots received to be counted 5 according to the supervisor's file or list. 6 (c)1. The canvassing board shall, if the supervisor 7 has not already done so, compare the signature of the elector 8 on the voter's certificate with the signature of the elector 9 in the registration books to see that the elector is duly 10 registered in the county and to determine the legality of that 11 absentee ballot. Effective July 1, 2005, The ballot of an 12 elector who casts an absentee ballot shall be counted even if 13 the elector dies on or before election day, as long as, prior 14 to the death of the voter, the ballot was postmarked by the 15 United States Postal Service, date-stamped with a verifiable 16 tracking number by common carrier, or already in the 17 possession of the supervisor of elections. An absentee ballot 18 shall be considered illegal if it does not include the 19 signature of the elector, as shown by the registration 20 records. However, an absentee ballot shall not be considered 21 illegal if the signature of the elector does not cross the 22 seal of the mailing envelope. If the canvassing board 23 determines that any ballot is illegal, a member of the board 24 shall, without opening the envelope, mark across the face of 25 the envelope: "rejected as illegal." The envelope and the 26 ballot contained therein shall be preserved in the manner that 27 official ballots voted are preserved. 28 2. If any elector or candidate present believes that 29 an absentee ballot is illegal due to a defect apparent on the 30 voter's certificate, he or she may, at any time before the 31 ballot is removed from the envelope, file with the canvassing 35 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 board a protest against the canvass of that ballot, specifying 2 the precinct, the ballot, and the reason he or she believes 3 the ballot to be illegal. A challenge based upon a defect in 4 the voter's certificate may not be accepted after the ballot 5 has been removed from the mailing envelope. 6 (d) The canvassing board shall record the ballot upon 7 the proper record, unless the ballot has been previously 8 recorded by the supervisor. The mailing envelopes shall be 9 opened and the secrecy envelopes shall be mixed so as to make 10 it impossible to determine which secrecy envelope came out of 11 which signed mailing envelope; however, in any county in which 12 an electronic or electromechanical voting system is used, the 13 ballots may be sorted by ballot styles and the mailing 14 envelopes may be opened and the secrecy envelopes mixed 15 separately for each ballot style. The votes on absentee 16 ballots shall be included in the total vote of the county. 17 Section 31. Subsection (2) of section 102.112, Florida 18 Statutes, is amended to read: 19 102.112 Deadline for submission of county returns to 20 the Department of State.-- 21 (2) Returns must be filed by 5 p.m. on the 7th day 22 following a primary election and by noon 5 p.m. on the 12th 23 11th day following the general election. However, the 24 Department of State may correct typographical errors, 25 including the transposition of numbers, in any returns 26 submitted to the Department of State pursuant to s. 27 102.111(1). 28 Section 32. Present subsections (4) through (9) of 29 section 102.141, Florida Statutes, are renumbered as 30 subsections (5) through (10), respectively, present 31 subsections (4) and (6) of that section are amended, and a new 36 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 subsection (4) is added to that section, to read: 2 102.141 County canvassing board; duties.-- 3 (4) The canvassing board shall submit by 11:59 p.m. on 4 election night the preliminary returns it has received to the 5 Department of State in a format provided by the department. 6 (5)(4) The canvassing board shall submit on forms or 7 in formats provided by the division unofficial returns to the 8 Department of State for each federal, statewide, state, or 9 multicounty office or ballot measure no later than noon on the 10 third day after any primary election and no later than noon on 11 the fourth fifth day after any general or other election. Such 12 returns shall include the canvass of all ballots as required 13 by subsection (2), except for provisional ballots, which 14 returns shall be reported at the time required for official 15 returns pursuant to s. 102.112(2). 16 (7)(6) If the unofficial returns reflect that a 17 candidate for any office was defeated or eliminated by 18 one-half of a percent or less of the votes cast for such 19 office, that a candidate for retention to a judicial office 20 was retained or not retained by one-half of a percent or less 21 of the votes cast on the question of retention, or that a 22 measure appearing on the ballot was approved or rejected by 23 one-half of a percent or less of the votes cast on such 24 measure, the board responsible for certifying the results of 25 the vote on such race or measure shall order a recount of the 26 votes cast with respect to such office or measure. The 27 Elections Canvassing Commission is the board responsible for 28 ordering federal, state, and multicounty recounts. A recount 29 need not be ordered with respect to the returns for any 30 office, however, if the candidate or candidates defeated or 31 eliminated from contention for such office by one-half of a 37 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 percent or less of the votes cast for such office request in 2 writing that a recount not be made. 3 (a) Each canvassing board responsible for conducting a 4 recount shall put each marksense ballot through automatic 5 tabulating equipment and determine whether the returns 6 correctly reflect the votes cast. If any marksense ballot is 7 physically damaged so that it cannot be properly counted by 8 the automatic tabulating equipment during the recount, a true 9 duplicate shall be made of the damaged ballot pursuant to the 10 procedures in s. 101.5614(5). Immediately before the start of 11 the recount, a test of the tabulating equipment shall be 12 conducted as provided in s. 101.5612. If the test indicates no 13 error, the recount tabulation of the ballots cast shall be 14 presumed correct and such votes shall be canvassed 15 accordingly. If an error is detected, the cause therefor shall 16 be ascertained and corrected and the recount repeated, as 17 necessary. The canvassing board shall immediately report the 18 error, along with the cause of the error and the corrective 19 measures being taken, to the Department of State. No later 20 than 11 days after the election, the canvassing board shall 21 file a separate incident report with the Department of State, 22 detailing the resolution of the matter and identifying any 23 measures that will avoid a future recurrence of the error. 24 (b) Each canvassing board responsible for conducting a 25 recount where touchscreen ballots were used shall examine the 26 counters on the precinct tabulators to ensure that the total 27 of the returns on the precinct tabulators equals the overall 28 election return. If there is a discrepancy between the overall 29 election return and the counters of the precinct tabulators, 30 the counters of the precinct tabulators shall be presumed 31 correct and such votes shall be canvassed accordingly. 38 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 (c) The canvassing board shall submit on forms or in 2 formats provided by the division a second set of unofficial 3 returns to the Department of State for each federal, 4 statewide, state, or multicounty office or ballot measure no 5 later than 3 p.m. on the fifth day after any primary election 6 and no later than 3 p.m. on the ninth eighth day after any 7 general election in which a recount was conducted pursuant to 8 this subsection. If the canvassing board is unable to complete 9 the recount prescribed in this subsection by the deadline, the 10 second set of unofficial returns submitted by the canvassing 11 board shall be identical to the initial unofficial returns and 12 the submission shall also include a detailed explanation of 13 why it was unable to timely complete the recount. However, the 14 canvassing board shall complete the recount prescribed in this 15 subsection, along with any manual recount prescribed in s. 16 102.166, and certify election returns in accordance with the 17 requirements of this chapter. 18 (d) The Department of State shall adopt detailed rules 19 prescribing additional recount procedures for each certified 20 voting system, which shall be uniform to the extent 21 practicable. 22 Section 33. Paragraph (b) of subsection (5) of section 23 102.166, Florida Statutes, is amended to read: 24 102.166 Manual recounts.-- 25 (5) Procedures for a manual recount are as follows: 26 (b) Each duplicate ballot prepared pursuant to s. 27 101.5614(5) or s. 102.141(7) s. 102.141(6) shall be compared 28 with the original ballot to ensure the correctness of the 29 duplicate. 30 Section 34. Subsection (3) is added to section 31 103.081, Florida Statutes, to read: 39 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 103.081 Use of party name; political advertising.-- 2 (3) A political party may file with the Department of 3 State names of groups or committees associated with the 4 political party. Such filed names may not be used without 5 first obtaining the written permission of the chair of the 6 state executive committee of the party. 7 Section 35. Subsections (1) and (4) and paragraph (b) 8 of subsection (6) of section 103.091, Florida Statutes, are 9 amended to read: 10 103.091 Political parties.-- 11 (1) Each political party of the state shall be 12 represented by a state executive committee. County executive 13 committees and other committees may be established in 14 accordance with the rules of the state executive committee. A 15 political party may provide for the selection of its national 16 committee and its state and county executive committees in 17 such manner as it deems proper. Unless otherwise provided by 18 party rule, the county executive committee of each political 19 party shall consist of at least two members, a man and a 20 woman, from each precinct, who shall be called the precinct 21 committeeman and committeewoman. For counties divided into 40 22 or more precincts, the state executive committee may adopt a 23 district unit of representation for such county executive 24 committees. Upon adoption of a district unit of 25 representation, the state executive committee shall request 26 the supervisor of elections of that county, with approval of 27 the board of county commissioners, to provide for election 28 districts as nearly equal in number of registered voters as 29 possible. Each county committeeman or committeewoman shall be 30 a resident of the precinct from which he or she is elected. 31 Each state committeeman or committeewoman must be a member in 40 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 good standing of the county executive committee for the county 2 in which the state committeeman or committeewoman is a 3 registered voter. 4 (4) Any political party other than a minor political 5 party may by rule provide for the membership of its state or 6 county executive committee to be elected for 4-year terms at 7 the primary election in each year a presidential election is 8 held. The terms shall commence on the first day of the month 9 following each presidential general election; but the names of 10 candidates for political party offices shall not be placed on 11 the ballot at any other election. The results of such election 12 shall be determined by a plurality of the votes cast. In such 13 event, electors seeking to qualify for such office shall do so 14 with the Department of State or supervisor of elections not 15 earlier than noon of the 71st 57th day, or later than noon of 16 the 67th 53rd day, preceding the primary election. The 17 outgoing chair of each county executive committee shall, 18 within 30 days after the committee members take office, hold 19 an organizational meeting of all newly elected members for the 20 purpose of electing officers. The chair of each state 21 executive committee shall, within 60 days after the committee 22 members take office, hold an organizational meeting of all 23 newly elected members for the purpose of electing officers. 24 (6) 25 (b) Each state executive committee shall include, as 26 at-large committeemen and committeewomen, all members of the 27 United States Congress representing the State of Florida who 28 are members of the political party, all statewide elected 29 officials who are members of the party, 10 Florida registered 30 voters who are members of the party as appointed by the 31 Governor if the Governor is a member of the party, and the 41 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 President of the Senate or the Minority Leader in the Senate, 2 and the Speaker of the House of Representatives or the 3 Minority Leader in the House of Representatives, whichever is 4 a member of the political party, and 20 members of the 5 Legislature who are members of the political party. Ten of 6 the legislators shall be appointed with the concurrence of the 7 state chair of the respective party, as follows: five to be 8 appointed by the President of the Senate; five by the Minority 9 Leader in the Senate; five by the Speaker of the House of 10 Representatives; and five by the Minority Leader in the House. 11 Section 36. Section 103.141, Florida Statutes, is 12 amended to read: 13 103.141 Removal of county executive committee member 14 for violation of oath.-- 15 (1) Where the county executive committee by at least a 16 two-thirds majority vote of the members of the committee, 17 attending a meeting held after due notice has been given and 18 at which meeting a quorum is present, determines an incumbent 19 county executive committee member to be guilty of an offense 20 involving a violation of the member's oath of office, said 21 member so violating his or her oath shall be removed from 22 office and the office shall be deemed vacant. Provided, 23 however, if the county committee wrongfully removes a county 24 committee member and the committee member so wrongfully 25 removed files suit in the circuit court alleging his or her 26 removal was wrongful and wins said suit, the committee member 27 shall be restored to office and the county committee shall pay 28 the costs incurred by the wrongfully removed committee member 29 in bringing the suit, including reasonable attorney's fees. 30 (2) Any officer, county committeeman, county 31 committeewoman, precinct committeeman, precinct 42 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 committeewoman, or member of a county executive committee may 2 be removed from office pursuant to s. 103.161. Either the 3 county or state executive committee is empowered to take 4 judicial action in chancery against a county committee member 5 for alleged violation of the member's oath of office in the 6 circuit court of the county in which that committee member is 7 an elector; provided, however, that the state committee may 8 take such judicial action only when a county committee refuses 9 to take such judicial action within 10 days after a charge is 10 made. Procedure shall be as in other cases in chancery, and if 11 the court shall find as fact that the defendant did violate 12 his or her oath of office, it shall enter a decree removing 13 the defendant from the county committee. If either such 14 executive committee brings suit in the circuit court for the 15 removal of a county committee member and loses said suit, such 16 committee shall pay the court costs incurred in such suit by 17 the committee member, including reasonable attorney's fees. 18 Section 37. Section 103.151, Florida Statutes, is 19 repealed. 20 Section 38. Section 103.161, Florida Statutes, is 21 created to read: 22 103.161 Removal or suspension of officers or members 23 of state executive committee or county executive committee.-- 24 (1) The chairman of the state executive committee is 25 empowered to remove or suspend from an office within the 26 chairman's political party any officer, state committeeman, 27 state committeewoman, county committeeman, county 28 committeewoman, precinct committeeman, precinct 29 committeewoman, or other member of a state executive 30 committee, county executive committee, political party club, 31 or other organization using the political party name as 43 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 provided in s. 103.081 for a violation of the oath of office 2 taken by such individual or for engaging in other activities 3 described in this section. 4 (2) Such violation may include engaging in activities 5 that have or could have injured the name or status of the 6 political party or interfered with the activities of the 7 political party. The chairman has sole discretion to determine 8 if a violation occurred. 9 (3) Upon the chairman's determination that a violation 10 of the oath of office occurred or that an individual engaged 11 in other activities described in this section, the chairman 12 may remove or suspend the individual from his or her office. 13 If the chairman removes the individual from office, the office 14 shall be deemed vacant upon the delivery of the chairman's 15 written order of removal to the individual. When a vacancy in 16 office is created, the chairman shall appoint an individual to 17 serve through the end of the term of the office. If the 18 chairman suspends the individual, the chairman shall determine 19 the length of the suspension. 20 (4) An individual removed from office by the chairman 21 shall not be eligible to serve on the state executive 22 committee or any county executive committee of the political 23 party for a period of no less than 4 years from the effective 24 date of the removal. 25 Section 39. Subsection (1) of section 105.031, Florida 26 Statutes, is amended to read: 27 105.031 Qualification; filing fee; candidate's oath; 28 items required to be filed.-- 29 (1) TIME OF QUALIFYING.--Except for candidates for 30 judicial office, nonpartisan candidates for multicounty office 31 shall qualify with the Division of Elections of the Department 44 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 of State and nonpartisan candidates for countywide or less 2 than countywide office shall qualify with the supervisor of 3 elections. Candidates for judicial office other than the 4 office of county court judge shall qualify with the Division 5 of Elections of the Department of State, and candidates for 6 the office of county court judge shall qualify with the 7 supervisor of elections of the county. Candidates for judicial 8 office shall qualify no earlier than noon of the 120th day, 9 and no later than noon of the 116th day, before the primary 10 election. Candidates for the office of school board member 11 shall qualify no earlier than noon of the 71st 50th day, and 12 no later than noon of the 67th 46th day, before the primary 13 election. Filing shall be on forms provided for that purpose 14 by the Division of Elections and furnished by the appropriate 15 qualifying officer. Any person seeking to qualify by the 16 petition process, as set forth in s. 105.035, who has 17 submitted the necessary petitions by the required deadline and 18 is notified after the fifth day prior to the last day for 19 qualifying that the required number of signatures has been 20 obtained, shall be entitled to subscribe to the candidate's 21 oath and file the qualifying papers at any time within 5 days 22 from the date he or she is notified that the necessary number 23 of signatures has been obtained. Any person other than a 24 write-in candidate who qualifies within the time prescribed in 25 this subsection shall be entitled to have his or her name 26 printed on the ballot. 27 Section 40. Paragraph (c) of subsection (1) of section 28 106.021, Florida Statutes, is amended to read: 29 106.021 Campaign treasurers; deputies; primary and 30 secondary depositories.-- 31 (1) 45 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 (c) Any campaign treasurer or deputy treasurer 2 appointed pursuant to this section shall be a registered voter 3 in this state and shall, before such appointment may become 4 effective, have accepted appointment to such position in 5 writing and filed such acceptance with the officer before whom 6 the candidate is required to qualify or with the officer with 7 whom the political committee is required to file reports. An 8 individual may be appointed and serve as campaign treasurer of 9 a candidate and a political committee or two or more 10 candidates and political committees. A candidate may appoint 11 herself or himself as campaign treasurer. 12 Section 41. Subsection (1) of section 106.04, Florida 13 Statutes, is amended to read: 14 106.04 Committees of continuous existence.-- 15 (1) In order to qualify as a committee of continuous 16 existence for the purposes of this chapter, a group, 17 organization, association, or other such entity which is 18 involved in making contributions to candidates, political 19 committees, or political parties, shall meet the following 20 criteria: 21 (a) It shall be organized and operated in accordance 22 with a written charter or set of bylaws which contains 23 procedures for the election of officers and directors and 24 which clearly defines membership in the organization; and 25 (b) At least 25 percent of the income of such 26 organization, excluding interest, must be derived from dues or 27 assessments payable on a regular basis by its membership 28 pursuant to provisions contained in the charter or bylaws. 29 Dues may be collected by a group, organization, association, 30 or other such entity from its members and forwarded to the 31 committee of continuous existence. The committee of continuous 46 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 existence shall report such dues as if it had received the 2 dues directly from its members, in the manner prescribed in 3 subsection (4). 4 Section 42. Section 106.055, Florida Statutes, is 5 amended to read: 6 106.055 Valuation of in-kind contributions.--Any 7 person who makes an in-kind contribution shall, at the time of 8 making such contribution, place a value on such contribution, 9 which valuation shall be the fair market value of such 10 contribution. Travel conveyed upon private aircraft shall be 11 valued at the actual cost of per person commercial air travel 12 for the same or a substantially similar route. 13 Section 43. Subsection (10) is added to section 14 106.08, Florida Statutes, to read: 15 106.08 Contributions; limitations on.-- 16 (10) Contributions to a political committee or 17 committee of continuous existence may be received by an 18 affiliated organization and transferred to the bank account of 19 the political committee or committee of continuous existence 20 via check written from the affiliated organization if such 21 contributions are specifically identified as intended to be 22 contributed to the political committee or committee of 23 continuous existence. All contributions received in this 24 manner shall be reported pursuant to s. 106.07 by the 25 political committee or committee of continuous existence as 26 having been made by the original contributor. 27 Section 44. Section 106.09, Florida Statutes, is 28 amended to read: 29 106.09 Cash contributions and contribution by 30 cashier's checks.-- 31 (1) A person may not make or accept a cash 47 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 contribution or contribution by means of a cashier's check in 2 excess of $50 $100. 3 (2)(a) Any person who makes or accepts a contribution 4 in excess of $50 $100 in violation of this section commits a 5 misdemeanor of the first degree, punishable as provided in s. 6 775.082 or s. 775.083. 7 (b) Any person who knowingly and willfully makes or 8 accepts a contribution in excess of $5,000 in violation of 9 this section commits a felony of the third degree, punishable 10 as provided in s. 775.082, s. 775.083, or s. 775.084. 11 Section 45. Subsection (1) of section 106.143, Florida 12 Statutes, is amended to read: 13 106.143 Political advertisements circulated prior to 14 election; requirements.-- 15 (1)(a) Any political advertisement that is paid for by 16 a candidate and that is published, displayed, or circulated 17 prior to, or on the day of, any election must prominently 18 state: "Political advertisement paid for and approved by 19 ...(name of candidate)..., ...(party affiliation)..., for 20 ...(office sought)...." 21 (b) Any other political advertisement published, 22 displayed, or circulated prior to, or on the day of, any 23 election must prominently: 24 1. Be marked "paid political advertisement" or with 25 the abbreviation "pd. pol. adv." 26 2. State the name and address of the persons 27 sponsoring the advertisement. 28 3.a.(I) State whether the advertisement and the cost 29 of production is paid for or provided in kind by or at the 30 expense of the entity publishing, displaying, broadcasting, or 31 circulating the political advertisement; or 48 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 (II) State who provided or paid for the advertisement 2 and cost of production, if different from the source of 3 sponsorship. 4 b. This subparagraph does not apply if the source of 5 the sponsorship is patently clear from the content or format 6 of the political advertisement. 7 (c) Any political advertisement made pursuant to s. 8 106.021(3)(d) must be marked "paid political advertisement" or 9 with the abbreviation "pd. pol. adv." and must prominently 10 state, "Paid for and sponsored by ...(name of person paying 11 for political advertisement). Approved by...(names of persons, 12 party affiliation, and offices sought in the political 13 advertisement)."... 14 15 This subsection does not apply to campaign messages used by a 16 candidate and the candidate's supporters if those messages are 17 designed to be worn by a person. 18 Section 46. Section 106.17, Florida Statutes, is 19 amended to read: 20 106.17 Polls and surveys relating to candidacies.--Any 21 candidate, political committee, committee of continuous 22 existence, electioneering communication organization, or state 23 or county executive committee of a political party may 24 authorize or conduct a political poll, survey, index, or 25 measurement of any kind relating to candidacy for public 26 office so long as the candidate, political committee, 27 committee of continuous existence, electioneering 28 communication organization, or political party maintains 29 complete jurisdiction over the poll in all its aspects. 30 Section 47. Section 106.25, Florida Statutes, is 31 amended to read: 49 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 106.25 Reports of alleged violations to Florida 2 Elections Commission; disposition of findings.-- 3 (1) Jurisdiction to investigate and determine 4 violations of this chapter and chapter 104 is vested in the 5 Florida Elections Commission; however, nothing in this section 6 limits the jurisdiction of any other officers or agencies of 7 government empowered by law to investigate, act upon, or 8 dispose of alleged violations of this code. 9 (2) The commission shall investigate all violations of 10 this chapter and chapter 104, but only after having received 11 either a sworn complaint or information reported to it under 12 this subsection by the Division of Elections. Such sworn 13 complaint must be based upon personal information or 14 information other than hearsay. Any person, other than the 15 division, having information of any violation of this chapter 16 or chapter 104 shall file a sworn complaint with the 17 commission. The commission shall investigate only those 18 alleged violations specifically contained within the sworn 19 complaint. If any complainant fails to allege all violations 20 that arise from the facts or allegations alleged in a 21 complaint, the commission shall be barred from investigating a 22 subsequent complaint from such complainant that is based upon 23 such facts or allegations that were raised or could have been 24 raised in the first complaint. If the complaint includes 25 allegations of violations relating to expense items reimbursed 26 by a candidate, committee, or organization to the campaign 27 account before a sworn complaint is filed, the commission 28 shall be barred from investigating such allegations. Such 29 sworn complaint shall state whether a complaint of the same 30 violation has been made to any state attorney. Within 5 days 31 after receipt of a sworn complaint, the commission shall 50 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 transmit a copy of the complaint to the alleged violator. If 2 the executive director finds that the complaint is legally 3 sufficient, the respondent shall be notified of such finding 4 by letter, which sets forth the statutory provisions alleged 5 to have been violated and the alleged factual basis that 6 supports the finding. All sworn complaints alleging violations 7 of the Florida Election Code over which the commission has 8 jurisdiction shall be filed with the commission within 2 years 9 after the alleged violations. The period of limitations is 10 tolled on the day a sworn complaint is filed with the 11 commission. The complainant may withdraw the sworn complaint 12 at any time prior to a probable cause hearing if good cause is 13 shown. Withdrawal shall be requested in writing, signed by the 14 complainant, and witnessed by a notary public, stating the 15 facts and circumstances constituting good cause. The executive 16 director shall prepare a written recommendation regarding 17 disposition of the request which shall be given to the 18 commission together with the request. "Good cause" shall be 19 determined based upon the legal sufficiency or insufficiency 20 of the complaint to allege a violation and the reasons given 21 by the complainant for wishing to withdraw the complaint. If 22 withdrawal is permitted, the commission must close the 23 investigation and the case. No further action may be taken. 24 The complaint will become a public record at the time of 25 withdrawal. 26 (3) For the purposes of commission jurisdiction, a 27 violation shall mean the willful performance of an act 28 prohibited by this chapter or chapter 104 or the willful 29 failure to perform an act required by this chapter or chapter 30 104. Willfulness is a determination of fact; however, at the 31 request of the respondent, willfulness may be considered and 51 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 determined in an informal hearing before the commission. 2 (4) The commission shall undertake a preliminary 3 investigation to determine if the facts alleged in a sworn 4 complaint or a matter initiated by the division constitute 5 probable cause to believe that a violation has occurred. The 6 respondent, the complainant, and their respective counsel 7 shall be permitted to attend the hearing at which the probable 8 cause determination is made. Notice of the hearing shall be 9 sent to the respondent and the complainant at least 14 days 10 prior to the date of the hearing. The respondent and his or 11 her counsel shall be permitted to make a brief oral statement 12 in the nature of oral argument to the commission before the 13 probable cause determination. The commission's determination 14 shall be based upon the investigator's report, the complaint, 15 and staff recommendations, as well as any written statements 16 submitted by the respondent and any oral statements made at 17 the hearing. No testimony or other evidence shall be accepted 18 at the hearing. Upon completion of the preliminary 19 investigation, the commission shall, by written report, find 20 probable cause or no probable cause to believe that this 21 chapter or chapter 104 has been violated. 22 (a) When the investigator's report is completed, the 23 executive director shall notify the respondent that the report 24 is completed and shall send to the respondent a copy of the 25 investigator's report. The investigatory file and main 26 complaint file shall be open for inspection by the respondent 27 and the respondent's counsel at that time, and copies may be 28 obtained at no more than cost. 29 (b) The respondent shall be given not less than 14 30 days from the date of mailing of the investigator's report to 31 file with the commission a written response to the 52 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 investigator's report. This time period may be shortened with 2 the consent of the respondent, or without the consent of the 3 respondent when the passage of time could reasonably be 4 expected to render moot the ultimate disposition of the matter 5 by the commission so long as reasonable notice under the 6 circumstances is given. 7 (c) Counsel for the commission shall review the 8 investigator's report and shall make a written recommendation 9 to the commission for the disposition of the complaint. If the 10 counsel for the commission recommends that the commission find 11 probable cause, the recommendation shall include a statement 12 of what charges shall be at issue. A copy of the 13 recommendation shall be furnished to the respondent. The 14 respondent shall be given not less than 14 days from the date 15 of mailing of the recommendation of counsel for the commission 16 to file with the commission a written response to the 17 recommendation. This time period may be shortened with the 18 consent of the respondent, or without the consent of the 19 respondent when the passage of time could reasonably be 20 expected to render moot the ultimate disposition of the matter 21 by the commission, so long as the recommendation is furnished 22 to the respondent within a reasonable period of time under the 23 circumstances. 24 (d) The respondent and each complainant, their 25 counsel, and the counsel for the commission shall be permitted 26 to attend the hearing at which the probable cause 27 determination is made. Notice of the hearing shall be sent to 28 the respondent, each complainant, and counsel for the 29 commission at least 14 days before the hearing. This time 30 period may be shortened with the consent of the respondent, or 31 without the consent of the respondent when the passage of time 53 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 could reasonably be expected to render moot the ultimate 2 disposition of the matter by the commission, so long as the 3 notice is furnished within a reasonable period of time under 4 the circumstances. 5 (e) The probable cause determination is the conclusion 6 of the preliminary investigation. The respondent and the 7 counsel for the commission shall be permitted to make brief 8 oral statements in the nature of oral argument to the 9 commission, based on the investigator's report, before the 10 probable cause determination. The commission's determination 11 shall be based upon the investigator's report, the 12 recommendation of counsel for the commission, the complaint, 13 and staff recommendations, as well as any written statements 14 submitted by the respondent and any oral statements made at 15 the hearing. No testimony or other evidence will be accepted 16 at the hearing. 17 (f) At its meeting to determine probable cause, the 18 commission may continue its determination to allow further 19 investigation; may order the issuance of a public report of 20 its investigation if it finds no probable cause to believe 21 that there has been a violation of this chapter or chapter 22 104, concluding the matter before it; may order a final, 23 public hearing of the complaint if it finds probable cause to 24 believe that there has been a violation of this chapter or 25 chapter 104; or may take such other action as it deems 26 necessary to resolve the complaint, consistent with due 27 process of law. In making its determination, the commission 28 may consider: 29 1. The sufficiency of the evidence against the 30 respondent, as contained in the investigator's report; 31 2. The admissions and other stipulations of the 54 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 respondent, if any; 2 3. The nature and circumstances of the respondent's 3 actions; 4 4. The expense of further proceedings; and 5 5. Such other factors as it deems material to its 6 decision. 7 8 If the commission finds probable cause, the commission shall 9 determine what charges shall be at issue. 10 (g)(a) If no probable cause is found, the commission 11 shall dismiss the case and the case shall become a matter of 12 public record, except as otherwise provided in this section, 13 together with a written statement of the findings of the 14 preliminary investigation and a summary of the facts which the 15 commission shall send to the complainant and the alleged 16 violator. A finding of no probable cause by the commission is 17 a full adjudication of all such matters. The commission may 18 not charge a respondent in a subsequent complaint alleging 19 violations based upon the same actions, nonactions, or 20 circumstances wherein the commission found no probable cause. 21 (h)(b) If probable cause is found, the commission 22 shall so notify the complainant and the alleged violator in 23 writing. All documents made or received in the disposition of 24 the complaint shall become public records upon a finding by 25 the commission. 26 (i)1. Upon a commission finding of probable cause, the 27 counsel for the commission shall attempt to reach a consent 28 agreement with the respondent. 29 2. A consent agreement is not binding upon either 30 party unless and until it is signed by the respondent and by 31 counsel for the commission upon approval by the commission. 55 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 3. Nothing herein shall be construed to prevent the 2 commission from entering into a consent agreement with a 3 respondent prior to a commission finding of probable cause if 4 a respondent indicates in writing a desire to enter into 5 negotiations directed towards reaching such a consent 6 agreement. Any consent agreement reached under this 7 subparagraph is subject to the provisions of subparagraph 2. 8 and shall have the same force and effect as a consent 9 agreement reached after the commission finding of probable 10 cause. 11 (j) If a consent agreement is reached between the 12 commission and the respondent, counsel for the commission 13 shall send a copy of the signed agreement to both complainant 14 and respondent. 15 16 In a case where probable cause is found, the commission shall 17 make a preliminary determination to consider the matter or to 18 refer the matter to the state attorney for the judicial 19 circuit in which the alleged violation occurred. 20 Notwithstanding any other provisions of this section, the 21 commission may, at its discretion, dismiss any complaint at 22 any stage of disposition if it determines that the public 23 interest would not be served by proceeding further, in which 24 case the commission shall issue a public report stating with 25 particularity its reasons for the dismissal. 26 (5) Unless When there are disputed issues of material 27 fact in a proceeding conducted under ss. 120.569 and 120.57, a 28 person alleged by the Elections Commission to have committed a 29 violation of this chapter or chapter 104 elects may elect, 30 within 30 days after the date of the filing of the 31 commission's allegations, to have a formal or informal hearing 56 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 conducted before the commission, or elects to resolve the 2 complaint by consent order, such person shall be entitled to a 3 formal administrative hearing conducted by an administrative 4 law judge in the Division of Administrative Hearings. The 5 administrative law judge in such proceedings shall enter a 6 final order subject to appeal as provided in s. 120.68. 7 (6) It is the duty of a state attorney receiving a 8 complaint referred by the commission to investigate the 9 complaint promptly and thoroughly; to undertake such criminal 10 or civil actions as are justified by law; and to report to the 11 commission the results of such investigation, the action 12 taken, and the disposition thereof. The failure or refusal of 13 a state attorney to prosecute or to initiate action upon a 14 complaint or a referral by the commission shall not bar 15 further action by the commission under this chapter. 16 (7) Every sworn complaint filed pursuant to this 17 chapter with the commission, every investigation and 18 investigative report or other paper of the commission with 19 respect to a violation of this chapter or chapter 104, and 20 every proceeding of the commission with respect to a violation 21 of this chapter or chapter 104 is confidential, is exempt from 22 the provisions of ss. 119.07(1) and 286.011, and is exempt 23 from publication in the Florida Administrative Weekly of any 24 notice or agenda with respect to any proceeding relating to 25 such violation, except under the following circumstances: 26 (a) As provided in subsection (6); 27 (b) Upon a determination of probable cause or no 28 probable cause by the commission; or 29 (c) For proceedings conducted with respect to appeals 30 of fines levied by filing officers for the late filing of 31 reports required by this chapter. 57 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 2 However, a complainant is not bound by the confidentiality 3 provisions of this section. In addition, confidentiality may 4 be waived in writing by the person against whom the complaint 5 has been filed or the investigation has been initiated. If a 6 finding of probable cause in a case is entered within 30 days 7 prior to the date of the election with respect to which the 8 alleged violation occurred, such finding and the proceedings 9 and records relating to such case shall not become public 10 until noon of the day following such election. When two or 11 more persons are being investigated by the commission with 12 respect to an alleged violation of this chapter or chapter 13 104, the commission may not publicly enter a finding of 14 probable cause or no probable cause in the case until a 15 finding of probable cause or no probable cause for the entire 16 case has been determined. However, once the confidentiality of 17 any case has been breached, the person or persons under 18 investigation have the right to waive the confidentiality of 19 the case, thereby opening up the proceedings and records to 20 the public. Any person who discloses any information or 21 matter made confidential by the provisions of this subsection 22 commits a misdemeanor of the first degree, punishable as 23 provided in s. 775.082 or s. 775.083. 24 (8) Any person who files a complaint pursuant to this 25 section while knowing that the allegations contained in such 26 complaint are false or without merit commits a misdemeanor of 27 the first degree, punishable as provided in s. 775.082 or s. 28 775.083. 29 (9) The commission shall maintain a database of all 30 final orders and agency actions. Such database shall be 31 available to the public and shall be maintained in such a 58 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 manner as to be searchable, at a minimum, by issue, statutes, 2 individuals, or entities referenced. 3 Section 48. Subsection (4) of section 106.35, Florida 4 Statutes, is amended to read: 5 106.35 Distribution of funds.-- 6 (4) Distribution of funds shall be made beginning on 7 the 32nd day prior to the primary within 7 days after the 8 close of qualifying and every 7 days thereafter. 9 Section 49. Section 112.51, Florida Statutes, is 10 amended to read: 11 112.51 Municipal officers; suspension; removal from 12 office.-- 13 (1) By executive order stating the grounds for the 14 suspension and filed with the Secretary of State, the Governor 15 may suspend from office any elected or appointed municipal 16 official for malfeasance, misfeasance, neglect of duty, 17 habitual drunkenness, incompetence, or permanent inability to 18 perform official duties. 19 (2) Whenever any elected or appointed municipal 20 official is arrested for a felony or for a misdemeanor related 21 to the duties of office or is indicted or informed against for 22 the commission of a federal felony or misdemeanor or state 23 felony or misdemeanor, the Governor has the power to suspend 24 such municipal official from office. 25 (3) The suspension of such official by the Governor 26 creates a temporary vacancy in such office during the 27 suspension. Any temporary vacancy in office created by 28 suspension of an official under the provisions of this section 29 shall be filled by a temporary appointment to such office for 30 the period of the suspension. Such temporary appointment 31 shall be made in the same manner and by the same authority by 59 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 which a permanent vacancy in such office is filled as provided 2 by law. If no provision for filling a permanent vacancy in 3 such office is provided by law, the temporary appointment 4 shall be made by the Governor. 5 (4) No municipal official who has been suspended from 6 office under this section may perform any official act, duty, 7 or function during his or her suspension; receive any pay or 8 allowance during his or her suspension; or be entitled to any 9 of the emoluments or privileges of his or her office during 10 suspension. 11 (5) If the municipal official is convicted of any of 12 the charges contained in the indictment or information by 13 reason of which he or she was suspended under the provisions 14 of this section, the Governor shall remove such municipal 15 official from office. If a person was selected to fill the 16 temporary vacancy pursuant to subsection (3), that person 17 shall serve the remaining balance, if any, of the removed 18 official's term of office. Otherwise, any vacancy created by 19 the removal shall be filled as provided by law. For the 20 purposes of this section, any person who pleads guilty or nolo 21 contendere or who is found guilty shall be deemed to have been 22 convicted, notwithstanding a suspension of sentence or a 23 withholding of adjudication. 24 (6) If the municipal official is acquitted or found 25 not guilty or is otherwise cleared of the charges which were 26 the basis of the arrest, indictment, or information by reason 27 of which he or she was suspended under the provisions of this 28 section, then the Governor shall forthwith revoke the 29 suspension and restore such municipal official to office; and 30 the official shall be entitled to and be paid full back pay 31 and such other emoluments or allowances to which he or she 60 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 would have been entitled for the full period of time of the 2 suspension. If, during the suspension, the term of office of 3 the municipal official expires and a successor is either 4 appointed or elected, such back pay, emoluments, or allowances 5 shall only be paid for the duration of the term of office 6 during which the municipal official was suspended under the 7 provisions of this section, and he or she shall not be 8 reinstated. 9 Section 50. Section 106.37, Florida Statutes, is 10 repealed. 11 Section 51. Subsections (2) and (3) of section 12 189.405, Florida Statutes, are amended to read: 13 189.405 Elections; general requirements and 14 procedures; education programs.-- 15 (2)(a) Any independent special district located 16 entirely in a single county may provide for the conduct of 17 district elections by the supervisor of elections for that 18 county. Any independent special district that conducts its 19 elections through the office of the supervisor shall make 20 election procedures consistent with the Florida Election Code. 21 (b) Any independent special district not conducting 22 district elections through the supervisor of elections shall 23 report to the supervisor in a timely manner the purpose, date, 24 authorization, procedures, and results of each election 25 conducted by the district. 26 (c) A candidate for a position on a governing board of 27 a single-county special district that has its elections 28 conducted by the supervisor of elections shall qualify for the 29 office with the county supervisor of elections in whose 30 jurisdiction the district is located. Elections for governing 31 board members elected by registered electors shall be 61 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 nonpartisan, except when partisan elections are specified by a 2 district's charter. Candidates shall qualify as directed by 3 chapter 99. by paying a filing fee equal to 3 percent of the 4 salary or honorarium paid for the office, or a filing fee of 5 $25, whichever is more. Alternatively, candidates may qualify 6 by submitting a petition that contains the signatures of at 7 least 3 percent of the district's registered electors, or any 8 lesser amount of signatures directed by chapter 99, chapter 9 582, or other general or special law. No election or party 10 assessment shall be levied if the election is nonpartisan. The 11 qualifying fee shall be remitted to the general revenue fund 12 of the qualifying officer to help defray the cost of the 13 election. The petition form shall be submitted and checked in 14 the same manner as those for nonpartisan judicial candidates 15 pursuant to s. 105.035. 16 (3)(a) If a multicounty special district has a 17 popularly elected governing board, elections for the purpose 18 of electing members to such board shall conform to the Florida 19 Election Code, chapters 97-106. 20 (b) With the exception of those districts conducting 21 elections on a one-acre/one-vote basis, qualifying for 22 multicounty special district governing board positions shall 23 be coordinated by the Department of State. Elections for 24 governing board members elected by registered electors shall 25 be nonpartisan, except when partisan elections are specified 26 by a district's charter. Candidates shall qualify as directed 27 by chapter 99. by paying a filing fee equal to 3 percent of 28 the salary or honorarium paid for the office, or a filing fee 29 of $25, whichever is more. Alternatively, candidates may 30 qualify by submitting a petition that contains the signatures 31 of at least 3 percent of the district's registered electors, 62 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 or any lesser amount of signatures directed by chapter 99, 2 chapter 582, or other general or special law. No election or 3 party assessment shall be levied if the election is 4 nonpartisan. The qualifying fee shall be remitted to the 5 Department of State. The petition form shall be submitted and 6 checked in the same manner as those for nonpartisan judicial 7 candidates pursuant to s. 105.035. 8 Section 52. Paragraph (a) of subsection (1) of section 9 191.005, Florida Statutes, is amended to read: 10 191.005 District boards of commissioners; membership, 11 officers, meetings.-- 12 (1)(a) With the exception of districts whose governing 13 boards are appointed collectively by the Governor, the county 14 commission, and any cooperating city within the county, the 15 business affairs of each district shall be conducted and 16 administered by a five-member board. All three-member boards 17 existing on the effective date of this act shall be converted 18 to five-member boards, except those permitted to continue as a 19 three-member board by special act adopted in 1997 or 20 thereafter. The board shall be elected in nonpartisan 21 elections by the electors of the district. Except as provided 22 in this act, such elections shall be held at the time and in 23 the manner prescribed by law for holding general elections in 24 accordance with s. 189.405(2)(a) and (3), and each member 25 shall be elected for a term of 4 years and serve until the 26 member's successor assumes office. Candidates for the board of 27 a district shall qualify as directed by chapter 99. with the 28 county supervisor of elections in whose jurisdiction the 29 district is located. If the district is a multicounty 30 district, candidates shall qualify with the Department of 31 State. All candidates may qualify by paying a filing fee of 63 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 $25 or by obtaining the signatures of at least 25 registered 2 electors of the district on petition forms provided by the 3 supervisor of elections which petitions shall be submitted and 4 checked in the same manner as petitions filed by nonpartisan 5 judicial candidates pursuant to s. 105.035. Notwithstanding s. 6 106.021, a candidate who does not collect contributions and 7 whose only expense is the filing fee is not required to 8 appoint a campaign treasurer or designate a primary campaign 9 depository. 10 Section 53. Paragraph (a) of subsection (1) of section 11 582.18, Florida Statutes, is amended to read: 12 582.18 Election of supervisors of each district.-- 13 (1) The election of supervisors for each soil and 14 water conservation district shall be held every 2 years. The 15 elections shall be held at the time of the general election 16 provided for by s. 100.041. The office of the supervisor of a 17 soil and water conservation district is a nonpartisan office, 18 and candidates for such office are prohibited from campaigning 19 or qualifying for election based on party affiliation. 20 (a) Each candidate for supervisor for such district 21 shall qualify as directed by chapter 99. be nominated by 22 nominating petition subscribed by 25 or more qualified 23 electors of such district. Candidates shall obtain signatures 24 on petition forms prescribed by the Department of State and 25 furnished by the appropriate qualifying officer. In 26 multicounty districts, the appropriate qualifying officer is 27 the Secretary of State; in single-county districts, the 28 appropriate qualifying officer is the supervisor of elections. 29 Such forms may be obtained at any time after the first Tuesday 30 after the first Monday in January preceding the election, but 31 prior to the 21st day preceding the first day of the 64 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 qualifying period for state office. Each petition shall be 2 submitted, prior to noon of the 21st day preceding the first 3 day of the qualifying period for state office, to the 4 supervisor of elections of the county for which such petition 5 was circulated. The supervisor of elections shall check the 6 signatures on the petition to verify their status as electors 7 in the district. Prior to the first date for qualifying, the 8 supervisor of elections shall determine whether the required 9 single-county signatures have been obtained; and she or he 10 shall so notify the candidate. In the case of a multicounty 11 candidate, the supervisor of elections shall check the 12 signatures on petitions and shall, prior to the first date for 13 qualifying for office, certify to the Department of State the 14 number shown as registered electors of the district. The 15 Department of State shall determine if the required number of 16 signatures has been obtained for multicounty candidates and 17 shall so notify the candidate. If the required number of 18 signatures has been obtained for the name of the candidate to 19 be placed on the ballot, the candidate shall, during the time 20 prescribed for qualifying for office in s. 99.061, submit a 21 copy of the notice to, and file her or his qualification 22 papers with, the qualifying officer and take the oath 23 prescribed in s. 99.021. 24 Section 54. Subsection (1) of section 876.05, Florida 25 Statutes, is amended to read: 26 876.05 Public employees; oath.-- 27 (1) All persons who now or hereafter are employed by 28 or who now or hereafter are on the payroll of the state, or 29 any of its departments and agencies, subdivisions, counties, 30 cities, school boards and districts of the free public school 31 system of the state or counties, or institutions of higher 65 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 learning, and all candidates for public office, except 2 candidates for federal office, are required to take an oath 3 before any person duly authorized to take acknowledgments of 4 instruments for public record in the state in the following 5 form: 6 7 I, ...., a citizen of the State of Florida and of the 8 United States of America, and being employed by or an officer 9 of .... and a recipient of public funds as such employee or 10 officer, do hereby solemnly swear or affirm that I will 11 support the Constitution of the United States and of the State 12 of Florida. 13 Section 55. At the time of qualification, all write-in 14 candidates must reside within the district represented by the 15 office sought. 16 Section 56. If any provision of this act or its 17 application to any person or circumstance is held invalid, the 18 invalidity does not affect other provisions or applications of 19 the act which can be given effect without the invalid 20 provision or application, and to this end the provisions of 21 this act are severable. 22 Section 57. Except as otherwise expressly provided in 23 this act and except for this section, which shall take effect 24 upon becoming a law, this act shall take effect January 1, 25 2008. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 66 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 and insert: 2 A bill to be entitled 3 An act relating to elections; amending s. 4 97.021, F.S.; redefining the term "third-party 5 registration organization"; amending s. 6 97.0575, F.S.; revising fines applicable to 7 violations of requirements relating to 8 third-party voter registrations; amending s. 9 103.121, F.S.; revising the dates relating to 10 the presidential preference primary; amending 11 s. 101.75, F.S.; authorizing municipalities to 12 move their election date by ordinance to 13 coincide with the presidential preference 14 primary; amending s. 101.151, F.S.; authorizing 15 the use of ballot-on-demand technology to 16 produce certain marksense ballots; creating s. 17 101.56075, F.S.; requiring all voting to be by 18 marksense ballot; providing an exemption for 19 voters with disabilities; requiring voter 20 interface devices for individuals with 21 disabilities by a specified date; amending s. 22 101.5612, F.S.; requiring the use of certain 23 marksense ballots for pre-election testing; 24 amending s. 101.591, F.S.; requiring 25 post-election, random audits of voting systems; 26 providing general audit procedures; mandating 27 that audit results be reported to the 28 Department of State; prescribing requirements 29 for audit reports; granting rulemaking 30 authority to the department to adopt detailed, 31 uniform audit procedures and a standard audit 67 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 reporting form; providing procedures for the 2 purchase of new voting systems and ballot 3 equipment and the disposition of existing 4 touchscreen voting systems for certain 5 counties; authorizing the Department of State 6 to purchase optical scan voting equipment and 7 ballot-on-demand equipment for certain 8 counties; appropriating funds for such purpose; 9 amending s. 97.041, F.S.; authorizing qualified 10 persons to preregister to vote on or after 11 receipt of a valid driver's license; amending 12 s. 97.053, F.S.; requiring an applicant for 13 voter registration to be notified when the 14 application cannot be verified; providing for 15 registration upon presentation of evidence of a 16 driver's license number, identification card 17 number, or the last four digits of the 18 applicant's social security number; changing 19 the time within which a person casting a 20 provisional ballot may present evidence of 21 eligibility to vote; changing the time for 22 voter registrations to be entered into the 23 statewide voter registration system; amending 24 s. 99.021, F.S.; prescribing form of oath for 25 candidates for federal office; amending s. 26 99.061, F.S.; prescribing times for qualifying 27 for nomination or election; prescribing 28 specific procedures for qualifying for special 29 district office; providing that the filing fee 30 of a candidate for a special district election 31 need not be drawn on a campaign account; 68 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 amending s. 99.095, F.S.; prescribing the 2 number of signatures required for a candidate 3 for special district office to qualify by 4 petition; prescribing the time for 5 certification to the Division of Elections of 6 certain candidates qualifying by petition; 7 amending s. 99.096, F.S.; changing manner of 8 candidate selection by minor political parties; 9 repealing s. 99.0965, F.S., relating to the 10 selection of minor party candidates; amending 11 s. 100.041, F.S.; prescribing the time when a 12 county commissioner is deemed elected; amending 13 s. 100.051, F.S.; revising requirements 14 relating to candidates' whose names must be 15 printed on general election ballots; amending 16 s. 100.061, F.S.; changing the date of the 17 primary election; amending s. 100.111, F.S.; 18 revising provisions relating to choosing 19 political party nominees for a special 20 election; amending s. 100.191, F.S.; revising 21 the time for canvassing special election 22 returns; amending s. 100.371, F.S.; requiring 23 initiative petition forms to be signed by the 24 constitutionally required distribution of 25 electors; amending timeframes for verifying 26 petition signatures; prescribing information 27 that must be on a petition initiative form, and 28 conditions with which the elector signing it 29 must comply, before the form may be verified; 30 providing procedures for revocation of a 31 signature on a petition form; amending s. 69 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 101.043, F.S.; revising forms of identification 2 accepted at the polls; amending s. 101.048, 3 F.S.; changing the time within which a person 4 casting a provisional ballot may present 5 evidence of eligibility to vote; amending s. 6 101.573, F.S.; changing the time for filing 7 precinct-level election results; requiring such 8 results to be filed with respect to special 9 elections; prescribing requirements for such 10 data; amending s. 101.6103, F.S.; changing the 11 time to begin canvassing mail ballots; amending 12 s. 101.62, F.S.; revising the period of 13 effectiveness of a request for an absentee 14 ballot; revising the time for sending an 15 absentee ballot to an overseas elector; 16 revising time period for providing absentee 17 ballots; amending s. 101.68, F.S.; changing the 18 time to begin canvassing absentee ballots; 19 amending s. 102.112, F.S.; changing the 20 deadline for submitting county returns to the 21 Department of State; amending s. 102.141, F.S.; 22 requiring submission of preliminary returns in 23 certain format by election night to the 24 Department of State; changing the time to 25 submit unofficial returns; amending s. 102.166, 26 F.S.; conforming a cross-reference; amending s. 27 103.081, F.S.; allowing political parties to 28 file with the Department of State names of 29 groups associated with a party; prescribing 30 conditions on the use of those filed names; 31 amending s. 103.091, F.S.; revising the number 70 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 of and the qualifications for state 2 committeemen and committeewomen; changing the 3 times for qualifying for election to a 4 political party executive committee; amending 5 s. 103.141, F.S.; providing that officers and 6 members of a county executive committee may be 7 removed from office pursuant to s. 103.161; 8 repealing s. 103.151, F.S., relating to the 9 removal of a state executive committee member 10 for violation of the member's oath of office; 11 creating s. 103.161, F.S.; providing for the 12 removal or suspension of officers and members 13 of a state or county executive committee for 14 violation of the officer's or member's oath of 15 office; prescribing procedures for such removal 16 and restrictions after removal; amending s. 17 105.031, F.S.; changing the times for 18 qualifying for school board candidates; 19 amending s. 106.021, F.S.; revising 20 qualifications for a campaign treasurer and 21 deputy treasurer for a candidate or political 22 committee; amending s. 106.04, F.S.; 23 authorizing certain entities to collect and 24 forward membership dues to committees of 25 continuous existence; amending s. 106.055, 26 F.S.; prescribing valuation method for travel 27 on a private aircraft; amending s. 106.08, 28 F.S.; prescribing procedures for receiving and 29 transferring contributions made to political 30 committees and committees of continuous 31 existence; amending s. 106.09, F.S.; revising 71 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 prohibition on making or accepting a cash 2 contribution; amending s. 106.143, F.S.; 3 providing disclosure requirements for political 4 advertisements made pursuant to s. 5 106.021(3)(d), F.S.; amending s. 106.17, F.S.; 6 revising who may authorize or conduct polls or 7 surveys relating to candidates; amending s. 8 106.25, F.S.; revising requirements for 9 complaints filed alleging violations of 10 chapters 106 and 104, F.S.; revising procedures 11 after certain complaints are filed; providing 12 for the withdrawal of certain complaints; 13 providing for the Florida Elections Commission 14 to maintain a searchable database of all final 15 orders and agency actions and providing 16 requirements for such database; amending s. 17 106.35, F.S.; revising the time for the 18 Division of Elections to distribute funds to 19 candidates; amending s. 112.51, F.S.; providing 20 for filling vacancies created when a municipal 21 officer has been removed from office; repealing 22 s. 106.37, F.S., relating to willful violations 23 of campaign finance laws; amending s. 189.405, 24 F.S.; revising qualification procedures for 25 candidates for special district office; 26 amending s. 191.005, F.S.; revising 27 qualification procedures for candidates for 28 independent special fire control district 29 boards of commissioners; amending s. 582.18, 30 F.S.; revising qualification procedures for 31 candidates for soil and water conservation 72 8:14 PM 04/26/07 h0537e1d-22-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 941466 1 district supervisors; amending s. 876.05, F.S.; 2 exempting candidates for federal office from 3 taking the public employees' oath; requiring 4 that all write-in candidates reside within the 5 district of the office sought at the time of 6 qualification; providing for severability; 7 providing effective dates. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 73 8:14 PM 04/26/07 h0537e1d-22-j01
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