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Amendment CaShTmL-952548.HTM
    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 537, 1st Eng.
                        Barcode 952548
                            CHAMBER ACTION
              Senate                               House
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 1                                 .         C          
                                   .         05/03/2007 11:30:18
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 3         Floor: 1/AD/3R          .                    
       04/27/2007 07:45 PM         .                    
 4  ______________________________________________________________
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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
    12:35 PM   04/27/07                          h0537e1d-seg1-j01

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 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 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 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 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 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 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 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 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 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 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 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 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 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 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 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 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 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 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 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 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 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. Section 99.012, Florida Statutes, is 31 amended to read: 12 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 99.012 Restrictions on individuals qualifying for 2 public office.-- 3 (1) As used in this section: 4 (a) "Officer" means a person, whether elected or 5 appointed, who has the authority to exercise the sovereign 6 power of the state pertaining to an office recognized under 7 the State Constitution or laws of the state. With respect to 8 a municipality, the term "officer" means a person, whether 9 elected or appointed, who has the authority to exercise 10 municipal power as provided by the State Constitution, state 11 laws, or municipal charter. 12 (b) "Subordinate officer" means a person who has been 13 delegated the authority to exercise the sovereign power of the 14 state by an officer. With respect to a municipality, 15 subordinate officer means a person who has been delegated the 16 authority to exercise municipal power by an officer. 17 (2) No person may qualify as a candidate for more than 18 one public office, whether federal, state, district, county, 19 or municipal, if the terms or any part thereof run 20 concurrently with each other. 21 (3)(a) No officer may qualify as a candidate for 22 another public office, whether state, district, county, or 23 municipal, if the terms or any part thereof run concurrently 24 with each other, without resigning from the office he or she 25 presently holds. 26 (b) The resignation is irrevocable. 27 (c) The written resignation must be submitted at least 28 10 days prior to the first day of qualifying for the office he 29 or she intends to seek. 30 (d) The resignation must be effective no later than 31 the earlier of the following dates: 13 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 1. The date the officer would take office, if elected; 2 or 3 2. The date the officer's successor is required to 4 take office. 5 (e)1. An elected district, county, or municipal 6 officer must submit his or her resignation to the officer 7 before whom he or she qualified for the office he or she 8 holds, with a copy to the Governor and the Department of 9 State. 10 2. An appointed district, county, or municipal officer 11 must submit his or her resignation to the officer or authority 12 which appointed him or her to the office he or she holds, with 13 a copy to the Governor and the Department of State. 14 3. All other officers must submit their resignations 15 to the Governor with a copy to the Department of State. 16 (f)1. With regard to an elective office, the 17 resignation creates a vacancy in office to be filled by 18 election. Persons may qualify as candidates for nomination 19 and election as if the public officer's term were otherwise 20 scheduled to expire. 21 2. With regard to an elective charter county office or 22 elective municipal office, the vacancy created by the 23 officer's resignation may be filled for that portion of the 24 officer's unexpired term in a manner provided by the 25 respective charter. The office is deemed vacant upon the 26 effective date of the resignation submitted by the official in 27 his or her letter of resignation. 28 (g) Any officer who submits his or her resignation, 29 effective immediately or effective on a date prior to the date 30 of his or her qualifying for office, may then qualify for 31 office as a nonofficeholder, and the provisions of this 14 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 subsection do not apply. 2 (4)(a) Any officer who qualifies for federal public 3 office must resign from the office he or she presently holds 4 if the terms or any part thereof run concurrently with each 5 other. 6 (b) The resignation is irrevocable. 7 (c) The resignation must be submitted no later than 8 the date upon which the officer qualifies for office. 9 (d) The written resignation must be effective no later 10 than the earlier of the following dates: 11 1. The date the officer would take office, if elected; 12 or 13 2. The date the officer's successor is required to 14 take office. 15 (e)1. An elected district, county, or municipal 16 officer must submit his or her resignation to the officer 17 before whom he or she qualified for the office he or she 18 holds, with a copy to the Governor and the Department of 19 State. 20 2. An appointed district, county, or municipal officer 21 must submit his or her resignation to the officer or authority 22 which appointed him or her to the office he or she holds, with 23 a copy to the Governor and the Department of State. 24 3. All other officers must submit their resignations 25 to the Governor with a copy to the Department of State. 26 (f)1. The failure of an officer who qualifies for 27 federal public office to submit a resignation pursuant to this 28 subsection constitutes an automatic irrevocable resignation, 29 effective immediately, from the office he or she presently 30 holds. 31 2. The Department of State shall send a notice of the 15 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 automatic resignation to the Governor, and in the case of a 2 district, county, or municipal officer, a copy to: 3 a. The officer before whom he or she qualified if the 4 officer held an elective office; or 5 b. The person or authority who appointed the officer 6 if the officer held an appointive office. 7 (g) The provisions of any special act to the contrary 8 notwithstanding, with regard to an elective office, the 9 resignation creates a vacancy in office to be filled by 10 election, thereby permitting persons to qualify as candidates 11 for nomination and election as if the officer's term were 12 otherwise scheduled to expire. With regard to an elective 13 charter county office or elective municipal office, the 14 vacancy created by the officer's resignation may be filled for 15 that portion of the officer's unexpired term in a manner 16 provided by the respective charter. The office is deemed 17 vacant upon the effective date of the resignation submitted by 18 the official in his or her letter of resignation. 19 (4)(5) A person who is a subordinate officer, deputy 20 sheriff, or police officer must resign effective upon 21 qualifying pursuant to this chapter if the person is seeking 22 to qualify for a public office that is currently held by an 23 officer who has authority to appoint, employ, promote, or 24 otherwise supervise that person and who has qualified as a 25 candidate for reelection to that office. 26 (5)(6) The name of any person who does not comply with 27 this section may be removed from every ballot on which it 28 appears when ordered by a circuit court upon the petition of 29 an elector or the Department of State. 30 (6)(7) This section does not apply to: 31 (a) Political party offices. 16 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 (b) Persons serving without salary as members of an 2 appointive board or authority. 3 (c) Persons seeking any federal public office. 4 (7)(8) Nothing contained in subsections (3) and (4) 5 relates to persons holding any federal office. 6 Section 15. Paragraph (a) of subsection (1) of section 7 99.021, Florida Statutes, is amended to read: 8 99.021 Form of candidate oath.-- 9 (1)(a)1. Each candidate, whether a party candidate, a 10 candidate with no party affiliation, or a write-in candidate, 11 in order to qualify for nomination or election to any office 12 other than a judicial office as defined in chapter 105 or a 13 federal office, shall take and subscribe to an oath or 14 affirmation in writing. A printed copy of the oath or 15 affirmation shall be furnished to the candidate by the officer 16 before whom such candidate seeks to qualify and shall be 17 substantially in the following form: 18 19 State of Florida 20 County of.... 21 Before me, an officer authorized to administer oaths, 22 personally appeared ...(please print name as you wish it to 23 appear on the ballot)..., to me well known, who, being sworn, 24 says that he or she is a candidate for the office of ....; 25 that he or she is a qualified elector of .... County, Florida; 26 that he or she is qualified under the Constitution and the 27 laws of Florida to hold the office to which he or she desires 28 to be nominated or elected; that he or she has taken the oath 29 required by ss. 876.05-876.10, Florida Statutes; that he or 30 she has qualified for no other public office in the state, the 31 term of which office or any part thereof runs concurrent with 17 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 that of the office he or she seeks; and that he or she has 2 resigned from any office from which he or she is required to 3 resign pursuant to s. 99.012, Florida Statutes. 4 ...(Signature of candidate)... 5 ...(Address)... 6 7 Sworn to and subscribed before me this .... day of ...., 8 ...(year)..., at .... County, Florida. 9 ...(Signature and title of officer administering oath)... 10 11 2. Each candidate for federal office, whether a party 12 candidate, a candidate with no party affiliation, or a 13 write-in candidate, in order to qualify for nomination or 14 election to office shall take and subscribe to an oath or 15 affirmation in writing. A printed copy of the oath or 16 affirmation shall be furnished to the candidate by the officer 17 before whom such candidate seeks to qualify and shall be 18 substantially in the following form: 19 20 State of Florida 21 County of __________ 22 Before me, an officer authorized to administer oaths, 23 personally appeared (please print name as you wish it to 24 appear on the ballot), to me well known, who, being sworn, 25 says that he or she is a candidate for the office of 26 __________; that he or she is qualified under the Constitution 27 and laws of the United States to hold the office to which he 28 or she desires to be nominated or elected; that he or she has 29 qualified for no other public office in the state, the term of 30 which office or any part thereof runs concurrent with that of 31 the office he or she seeks; and that he or she has resigned 18 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 from any office from which he or she is required to resign 2 pursuant to s. 99.012, Florida Statutes. 3 __(Signature of candidate) __ 4 (Address) 5 6 Sworn to and subscribed before me this _____ day of ______ 7 (year), at _____ County, Florida. 8 ...(Signature and title of officer administering oath)... 9 Section 16. Section 99.061, Florida Statutes, is 10 amended to read: 11 99.061 Method of qualifying for nomination or election 12 to federal, state, county, or district office.-- 13 (1) The provisions of any special act to the contrary 14 notwithstanding, each person seeking to qualify for nomination 15 or election to a federal, state, or multicounty district 16 office, other than election to a judicial office as defined in 17 chapter 105 or the office of school board member, shall file 18 his or her qualification papers with, and pay the qualifying 19 fee, which shall consist of the filing fee and election 20 assessment, and party assessment, if any has been levied, to, 21 the Department of State, or qualify by the petition process 22 pursuant to s. 99.095 with the Department of State, at any 23 time after noon of the 1st day for qualifying, which shall be 24 as follows: the 120th day prior to the primary election, but 25 not later than noon of the 116th day prior to the date of the 26 primary election, for persons seeking to qualify for 27 nomination or election to federal office or to the office of 28 the state attorney or the public defender; and noon of the 29 71st 50th day prior to the primary election, but not later 30 than noon of the 67th 46th day prior to the date of the 31 primary election, for persons seeking to qualify for 19 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 nomination or election to a state or multicounty district 2 office, other than the office of the state attorney or the 3 public defender. 4 (2) The provisions of any special act to the contrary 5 notwithstanding, each person seeking to qualify for nomination 6 or election to a county office, or district or special 7 district office not covered by subsection (1), shall file his 8 or her qualification papers with, and pay the qualifying fee, 9 which shall consist of the filing fee and election assessment, 10 and party assessment, if any has been levied, to, the 11 supervisor of elections of the county, or shall qualify by the 12 petition process pursuant to s. 99.095 with the supervisor of 13 elections, at any time after noon of the 1st day for 14 qualifying, which shall be the 71st 50th day prior to the 15 primary election or special district election, but not later 16 than noon of the 67th 46th day prior to the date of the 17 primary election or special district election. However, if a 18 special district election is held at the same time as the 19 general election, qualifying shall be the 50th day prior to 20 the primary election, but not later than noon of the 46th day 21 prior to the date of the primary election. Within 30 days 22 after the closing of qualifying time, the supervisor of 23 elections shall remit to the secretary of the state executive 24 committee of the political party to which the candidate 25 belongs the amount of the filing fee, two-thirds of which 26 shall be used to promote the candidacy of candidates for 27 county offices and the candidacy of members of the 28 Legislature. 29 (3) Notwithstanding the provisions of any special act 30 to the contrary, each person seeking to qualify for election 31 to a special district office shall qualify between noon of the 20 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 71st day prior to the primary election and noon of the 67th 2 day prior to the date of the primary election. Candidates for 3 single county special districts shall qualify with the 4 supervisor of elections in the county in which the district is 5 located. If the district is a multicounty district, candidates 6 shall qualify with the Department of State. All special 7 district candidates shall qualify by paying a filing fee of 8 $25 or qualify by the petition process pursuant to s. 99.095. 9 Notwithstanding s. 106.021, a candidate who does not collect 10 contributions and whose only expense is the filing fee or 11 signature verification fee is not required to appoint a 12 campaign treasurer or designate a primary campaign depository. 13 (4)(3)(a) Each person seeking to qualify for election 14 to office as a write-in candidate shall file his or her 15 qualification papers with the respective qualifying officer at 16 any time after noon of the 1st day for qualifying, but not 17 later than noon of the last day of the qualifying period for 18 the office sought. 19 (b) Any person who is seeking election as a write-in 20 candidate shall not be required to pay a filing fee, election 21 assessment, or party assessment. A write-in candidate is shall 22 not be entitled to have his or her name printed on any ballot; 23 however, space for the write-in candidate's name to be written 24 in must shall be provided on the general election ballot. A No 25 person may not qualify as a write-in candidate if the person 26 has also otherwise qualified for nomination or election to 27 such office. 28 (5)(4) At the time of qualifying for office, each 29 candidate for a constitutional office shall file a full and 30 public disclosure of financial interests pursuant to s. 8, 31 Art. II of the State Constitution, and a candidate for any 21 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 other office, including local elective office, shall file a 2 statement of financial interests pursuant to s. 112.3145. 3 (6)(5) The Department of State shall certify to the 4 supervisor of elections, within 7 days after the closing date 5 for qualifying, the names of all duly qualified candidates for 6 nomination or election who have qualified with the Department 7 of State. 8 (6) Notwithstanding the qualifying period prescribed 9 in this section, if a candidate has submitted the necessary 10 petitions by the required deadline in order to qualify by the 11 petition process pursuant to s. 99.095 as a candidate for 12 nomination or election and the candidate is notified after the 13 5th day prior to the last day for qualifying that the required 14 number of signatures has been obtained, the candidate is 15 entitled to subscribe to the candidate's oath and file the 16 qualifying papers at any time within 5 days from the date the 17 candidate is notified that the necessary number of signatures 18 has been obtained. Any candidate who qualifies within the time 19 prescribed in this subsection is entitled to have his or her 20 name printed on the ballot. 21 (7)(a) In order for a candidate to be qualified, the 22 following items must be received by the filing officer by the 23 end of the qualifying period: 24 1. A properly executed check drawn upon the 25 candidate's campaign account in an amount not less than the 26 fee required by s. 99.092 or, in lieu thereof, as applicable, 27 the copy of the notice of obtaining ballot position pursuant 28 to s. 99.095. The filing fee for a special district candidate 29 is not required to be drawn upon the candidate's campaign 30 account. If a candidate's check is returned by the bank for 31 any reason, the filing officer shall immediately notify the 22 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 candidate and the candidate shall, the end of qualifying 2 notwithstanding, have 48 hours from the time such notification 3 is received, excluding Saturdays, Sundays, and legal holidays, 4 to pay the fee with a cashier's check purchased from funds of 5 the campaign account. Failure to pay the fee as provided in 6 this subparagraph shall disqualify the candidate. 7 2. The candidate's oath required by s. 99.021, which 8 must contain the name of the candidate as it is to appear on 9 the ballot; the office sought, including the district or group 10 number if applicable; and the signature of the candidate, duly 11 acknowledged. 12 3. The loyalty oath required by s. 876.05, signed by 13 the candidate and duly acknowledged. 14 4. If the office sought is partisan, the written 15 statement of political party affiliation required by s. 16 99.021(1)(b). 17 5. The completed form for the appointment of campaign 18 treasurer and designation of campaign depository, as required 19 by s. 106.021. 20 6. The full and public disclosure or statement of 21 financial interests required by subsection (5) (4). A public 22 officer who has filed the full and public disclosure or 23 statement of financial interests with the Commission on Ethics 24 or the supervisor of elections prior to qualifying for office 25 may file a copy of that disclosure at the time of qualifying. 26 (b) If the filing officer receives qualifying papers 27 that do not include all items as required by paragraph (a) 28 prior to the last day of qualifying, the filing officer shall 29 make a reasonable effort to notify the candidate of the 30 missing or incomplete items and shall inform the candidate 31 that all required items must be received by the close of 23 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 qualifying. A candidate's name as it is to appear on the 2 ballot may not be changed after the end of qualifying. 3 (8) Notwithstanding the qualifying period prescribed 4 in this section, a qualifying office may accept and hold 5 qualifying papers submitted not earlier than 14 days prior to 6 the beginning of the qualifying period, to be processed and 7 filed during the qualifying period. 8 (9) Notwithstanding the qualifying period prescribed 9 by this section, in each year in which the Legislature 10 apportions the state, the qualifying period for persons 11 seeking to qualify for nomination or election to federal 12 office shall be between noon of the 71st 57th day prior to the 13 primary election, but not later than noon of the 67th 53rd day 14 prior to the primary election. 15 (10) The Department of State may prescribe by rule 16 requirements for filing papers to qualify as a candidate under 17 this section. 18 Section 17. Subsections (2) and (4) of section 99.095, 19 Florida Statutes, are amended to read: 20 99.095 Petition process in lieu of a qualifying fee 21 and party assessment.-- 22 (2)(a) Except as provided in paragraph (b), a 23 candidate must shall obtain the number of signatures of voters 24 in the geographical area represented by the office sought 25 equal to at least 1 percent of the total number of registered 26 voters of that geographical area, as shown by the compilation 27 by the department for the immediately last preceding general 28 election. Signatures may not be obtained until the candidate 29 has filed the appointment of campaign treasurer and 30 designation of campaign depository pursuant to s. 106.021. 31 (b) A candidate for a special district office shall 24 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 obtain 25 signatures of voters in the geographical area 2 represented by the office sought. 3 (c)(b) The format of the petition shall be prescribed 4 by the division and shall be used by candidates to reproduce 5 petitions for circulation. If the candidate is running for an 6 office that requires a group or district designation, the 7 petition must indicate that designation and, if it does not, 8 the signatures are not valid. A separate petition is required 9 for each candidate. 10 (4)(a) Certifications for candidates for federal, 11 state, or multicounty district, or multicounty special 12 district office shall be submitted to the division no later 13 than the 7th day before the first day of the qualifying period 14 for the office sought. The division shall determine whether 15 the required number of signatures has been obtained and shall 16 notify the candidate. 17 (b) For candidates for county, or district, or special 18 district office not covered by paragraph (a), the supervisor 19 shall determine whether the required number of signatures has 20 been obtained and shall notify the candidate. 21 Section 18. Effective upon this act becoming a law, 22 section 99.096, Florida Statutes, is amended to read: 23 99.096 Minor political party candidates; names on 24 ballot.-- 25 (1) No later than noon of the third day prior to the 26 first day of the qualifying period prescribed for federal 27 candidates, the executive committee of a minor political party 28 shall submit to the Department of State a list of federal 29 candidates nominated by the party to be on the general 30 election ballot. No later than noon of the third day prior to 31 the first day of the qualifying period for state candidates, 25 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 the executive committee of a minor political party shall 2 submit to the filing officer for each of the candidates the 3 official list of the state, multicounty, and county candidates 4 nominated by that party to be on the ballot in the general 5 election. The official list of nominated candidates may not be 6 changed by the party after having been filed with the filing 7 officers, except that vacancies in nominations may be filled 8 pursuant to s. 100.111. 9 (2) Each person seeking to qualify for election as a 10 candidate of a minor political party shall file his or her 11 qualifying papers with, and pay the qualifying fee and, if one 12 has been levied, the party assessment, or qualify by the 13 petition process pursuant to s. 99.095, with the officer and 14 at the times and under the circumstances provided in s. 15 99.061. 16 Section 19. Effective upon this act becoming a law, 17 section 99.0965, Florida Statutes, is repealed. 18 Section 20. Paragraph (a) of subsection (2) of section 19 100.041, Florida Statutes, is amended to read: 20 100.041 Officers chosen at general election.-- 21 (2)(a) Each county commissioner from an odd-numbered 22 district shall be elected at the general election in each year 23 the number of which is a multiple of 4, for a 4-year term 24 commencing on the second Tuesday following such election, and 25 each county commissioner from an even-numbered district shall 26 be elected at the general election in each even-numbered year 27 the number of which is not a multiple of 4, for a 4-year term 28 commencing on the second Tuesday following such election. A 29 county commissioner is "elected" for purposes of this 30 paragraph on the date that the county canvassing board 31 certifies the results of the election pursuant to s. 102.151. 26 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 Section 21. Effective upon this act becoming a law, 2 section 100.051, Florida Statutes, is amended to read: 3 100.051 Candidate's name on general election 4 ballot.--The supervisor of elections of each county shall 5 print on ballots to be used in the county at the next general 6 election the names of candidates who have been nominated by a 7 political party, other than a minor political party, and the 8 candidates who have otherwise obtained a position on the 9 general election ballot in compliance with the requirements of 10 this code. 11 Section 22. Section 100.061, Florida Statutes, is 12 amended to read: 13 100.061 Primary election.--In each year in which a 14 general election is held, a primary election for nomination of 15 candidates of political parties shall be held on the Tuesday 16 10 9 weeks prior to the general election. The candidate 17 receiving the highest number of votes cast in each contest in 18 the primary election shall be declared nominated for such 19 office. If two or more candidates receive an equal and highest 20 number of votes for the same office, such candidates shall 21 draw lots to determine which candidate is nominated. 22 Section 23. Effective upon this act becoming a law, 23 subsection (3) of section 100.111, Florida Statutes, is 24 amended to read: 25 100.111 Filling vacancy.-- 26 (3) Whenever there is a vacancy for which a special 27 election is required pursuant to s. 100.101, the Governor, 28 after consultation with the Secretary of State, shall fix the 29 dates of a special primary election and a special election. 30 Nominees of political parties other than minor political 31 parties shall be chosen under the primary laws of this state 27 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 in the special primary election to become candidates in the 2 special election. Prior to setting the special election dates, 3 the Governor shall consider any upcoming elections in the 4 jurisdiction where the special election will be held. The 5 dates fixed by the Governor shall be specific days certain and 6 shall not be established by the happening of a condition or 7 stated in the alternative. The dates fixed shall provide a 8 minimum of 2 weeks between each election. In the event a 9 vacancy occurs in the office of state senator or member of the 10 House of Representatives when the Legislature is in regular 11 legislative session, the minimum times prescribed by this 12 subsection may be waived upon concurrence of the Governor, the 13 Speaker of the House of Representatives, and the President of 14 the Senate. If a vacancy occurs in the office of state senator 15 and no session of the Legislature is scheduled to be held 16 prior to the next general election, the Governor may fix the 17 dates for the special primary election and for the special 18 election to coincide with the dates of the primary election 19 and general election. If a vacancy in office occurs in any 20 district in the state Senate or House of Representatives or in 21 any congressional district, and no session of the Legislature, 22 or session of Congress if the vacancy is in a congressional 23 district, is scheduled to be held during the unexpired portion 24 of the term, the Governor is not required to call a special 25 election to fill such vacancy. 26 (a) The dates for candidates to qualify in such 27 special election or special primary election shall be fixed by 28 the Department of State, and candidates shall qualify not 29 later than noon of the last day so fixed. The dates fixed for 30 qualifying shall allow a minimum of 14 days between the last 31 day of qualifying and the special primary election. 28 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 (b) The filing of campaign expense statements by 2 candidates in such special elections or special primaries and 3 by committees making contributions or expenditures to 4 influence the results of such special primaries or special 5 elections shall be not later than such dates as shall be fixed 6 by the Department of State, and in fixing such dates the 7 Department of State shall take into consideration and be 8 governed by the practical time limitations. 9 (c) The dates for a candidate to qualify by the 10 petition process pursuant to s. 99.095 in such special primary 11 or special election shall be fixed by the Department of State. 12 In fixing such dates the Department of State shall take into 13 consideration and be governed by the practical time 14 limitations. Any candidate seeking to qualify by the petition 15 process in a special primary election shall obtain 25 percent 16 of the signatures required by s. 99.095. 17 (d) The qualifying fees and party assessments of such 18 candidates as may qualify shall be the same as collected for 19 the same office at the last previous primary for that office. 20 The party assessment shall be paid to the appropriate 21 executive committee of the political party to which the 22 candidate belongs. 23 (e) Each county canvassing board shall make as speedy 24 a return of the result of such special primary elections and 25 special elections as time will permit, and the Elections 26 Canvassing Commission likewise shall make as speedy a canvass 27 and declaration of the nominees as time will permit. 28 Section 24. Section 100.191, Florida Statutes, is 29 amended to read: 30 100.191 General election laws applicable to special 31 elections; returns.--All laws that are applicable to general 29 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 elections are applicable to special elections or special 2 primary elections to fill a vacancy in office or nomination, 3 except that the canvass of returns by the county canvassing 4 board of each county in which a special election is held shall 5 be made on the day following the election, and the certificate 6 of the result of the canvass shall be immediately forwarded to 7 the Department of State. The Elections Canvassing Commission 8 shall immediately, upon receipt of returns from the county in 9 which a special election is held, proceed to canvass the 10 returns and determine and declare the result thereof. 11 Section 25. Effective August 1, 2007, subsections (1) 12 and (3) of section 100.371, Florida Statutes, are amended, 13 present subsection (6) of that section is renumbered as 14 subsection (7) and amended, and a new subsection (6) is added 15 to that section, to read: 16 100.371 Initiatives; procedure for placement on 17 ballot.-- 18 (1) Constitutional amendments proposed by initiative 19 shall be placed on the ballot for the general election, 20 provided the initiative petition has been filed with the 21 Secretary of State no later than February 1 of the year the 22 general election is held. A petition shall be deemed to be 23 filed with the Secretary of State upon the date the secretary 24 determines that valid and verified the petition forms have has 25 been signed by the constitutionally required number and 26 distribution of electors under this code, subject to the right 27 of revocation established in this section. 28 (3) Each signature shall be dated when made and shall 29 be valid for a period of 4 years following such date, provided 30 all other requirements of law are met. The sponsor shall 31 submit signed and dated forms to the appropriate supervisor of 30 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 elections for verification as to the number of registered 2 electors whose valid signatures appear thereon. The supervisor 3 shall promptly verify the signatures within 30 days of receipt 4 of the petition forms and upon payment of the fee required by 5 s. 99.097. The supervisor shall promptly record each valid 6 signature in the statewide voter registration system, in the 7 manner prescribed by the Secretary of State, the date each 8 form is received by the supervisor and the date the signature 9 on the form is verified as valid. The supervisor may verify 10 that the signature on a form is valid only if: 11 (a) The form contains the original signature of the 12 purported elector. 13 (b) The purported elector has accurately recorded on 14 the form the date on which he or she signed the form. 15 (c) The form accurately sets forth the purported 16 elector's name, street address, county, and voter registration 17 number or date of birth. 18 (d) The purported elector is, at the time he or she 19 signs the form, a duly qualified and registered elector 20 authorized to vote in the county in which his or her signature 21 is submitted. 22 23 The supervisor shall retain the signature forms for at least 1 24 year following the election in which the issue appeared on the 25 ballot or until the Division of Elections notifies the 26 supervisors of elections that the committee which circulated 27 the petition is no longer seeking to obtain ballot position. 28 (6)(a) An elector's signature on a petition form may 29 be revoked within 150 days of the date on which he or she 30 signed the petition form by submitting to the appropriate 31 supervisor of elections a signed petition-revocation form 31 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 adopted by rule for this purpose by the division. 2 (b) The petition-revocation form and the manner in 3 which signatures are obtained, submitted, and verified shall 4 be subject to the same relevant requirements and timeframes as 5 the corresponding petition form and processes under this code 6 and shall be approved by the Secretary of State before any 7 signature on a petition-revocation form is obtained. 8 (c) Supervisors of elections shall provide 9 petition-revocation forms to the public at all main and branch 10 offices. 11 (d) The petition-revocation form shall be filed with 12 the supervisor of elections by February 1 preceding the next 13 general election or, if the initiative amendment is not 14 certified for ballot position in that election, by February 1 15 preceding the next successive general election. The supervisor 16 of elections shall promptly verify the signature on the 17 petition-revocation form and process such revocation upon 18 payment, in advance, of a fee of 10 cents or the actual cost 19 of verifying such signature, whichever is less. The supervisor 20 shall promptly record each valid and verified 21 petition-revocation form in the statewide voter registration 22 system in the manner prescribed by the Secretary of State. 23 (7)(6) The Department of State may adopt rules in 24 accordance with s. 120.54 to carry out the provisions of 25 subsections (1)-(6) (1)-(5). 26 Section 26. Subsection (1) of section 101.043, Florida 27 Statutes, is amended to read: 28 101.043 Identification required at polls.-- 29 (1) The precinct register, as prescribed in s. 98.461, 30 shall be used at the polls for the purpose of identifying the 31 elector at the polls prior to allowing him or her to vote. The 32 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 clerk or inspector shall require each elector, upon entering 2 the polling place, to present one of the following current and 3 valid picture identifications: 4 (a) Florida driver's license. 5 (b) Florida identification card issued by the 6 Department of Highway Safety and Motor Vehicles. 7 (c) United States passport. 8 (d) Employee badge or identification. 9 (e) Buyer's club identification. 10 (d)(f) Debit or credit card. 11 (e)(g) Military identification. 12 (f)(h) Student identification. 13 (g)(i) Retirement center identification. 14 (h)(j) Neighborhood association identification. 15 (i)(k) Public assistance identification. 16 17 If the picture identification does not contain the signature 18 of the voter, an additional identification that provides the 19 voter's signature shall be required. The elector shall sign 20 his or her name in the space provided on the precinct register 21 or on an electronic device provided for recording the voter's 22 signature. The clerk or inspector shall compare the signature 23 with that on the identification provided by the elector and 24 enter his or her initials in the space provided on the 25 precinct register or on an electronic device provided for that 26 purpose and allow the elector to vote if the clerk or 27 inspector is satisfied as to the identity of the elector. 28 Section 27. Subsection (1) of section 101.048, Florida 29 Statutes, is amended to read: 30 101.048 Provisional ballots.-- 31 (1) At all elections, a voter claiming to be properly 33 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 registered in the state and eligible to vote at the precinct 2 in the election but whose eligibility cannot be determined, a 3 person whom an election official asserts is not eligible, and 4 other persons specified in the code shall be entitled to vote 5 a provisional ballot. Once voted, the provisional ballot shall 6 be placed in a secrecy envelope and thereafter sealed in a 7 provisional ballot envelope. The provisional ballot shall be 8 deposited in a ballot box. All provisional ballots shall 9 remain sealed in their envelopes for return to the supervisor 10 of elections. The department shall prescribe the form of the 11 provisional ballot envelope. A person casting a provisional 12 ballot shall have the right to present written evidence 13 supporting his or her eligibility to vote to the supervisor of 14 elections by not later than 5 p.m. on the second third day 15 following the election. 16 Section 28. Subsection (1) of section 101.573, Florida 17 Statutes, is amended to read: 18 101.573 Record of votes by precinct.-- 19 (1) Within 35 75 days after the date of a municipal 20 election or runoff, whichever occurs later, a presidential 21 preference primary, a primary election, a special election, or 22 a general election, the supervisor of elections shall file 23 with the Department of State precinct-level election results, 24 in an electronic format specified by the Department of State, 25 for that election cycle, including any primary elections. 26 Precinct-level election results shall separately record for 27 each precinct all demographic data associated with each 28 precinct at book close for each election, individual vote 29 history, the returns of ballots cast at the precinct location, 30 to which have been added the returns of absentee ballots cast 31 by voters registered in the precinct, and the returns of early 34 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 ballots cast by voters registered in the precinct. The data 2 are required to be cross referenced by political party and 3 other demographic information as defined by the Department of 4 State. The Department of State shall create a uniform system 5 for the collection and reporting of such precinct-level 6 election results and vote history. 7 Section 29. Subsections (6) and (8) of section 8 101.6103, Florida Statutes, are amended to read: 9 101.6103 Mail ballot election procedure.-- 10 (6) The canvassing board may begin the canvassing of 11 mail ballots at 7 a.m. on the sixth fourth day before the 12 election, including processing the ballots through the 13 tabulating equipment. However, results may not be released 14 until after 7 p.m. on election day. Any canvassing board 15 member or election employee who releases any result before 7 16 p.m. on election day commits a felony of the third degree, 17 punishable as provided in s. 775.082, s. 775.083, or s. 18 775.084. 19 (8) Effective July 1, 2005, A ballot that otherwise 20 satisfies the requirements of subsection (5) shall be counted 21 even if the elector dies after mailing the ballot but before 22 election day, as long as, prior to the death of the voter, the 23 ballot was: 24 (a) Postmarked by the United States Postal Service; 25 (b) Date-stamped with a verifiable tracking number by 26 common carrier; or 27 (c) Already in the possession of the supervisor of 28 elections. 29 Section 30. Effective July 1, 2007, subsections (1) 30 and (4) of section 101.62, Florida Statutes, are amended to 31 read: 35 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 101.62 Request for absentee ballots.-- 2 (1)(a) The supervisor may accept a request for an 3 absentee ballot from an elector in person or in writing. 4 Except as provided in s. 101.694, one request shall be deemed 5 sufficient to receive an absentee ballot for all elections 6 through the next two regularly scheduled general elections 7 which are held within a calendar year, unless the elector or 8 the elector's designee indicates at the time the request is 9 made the elections for which the elector desires to receive an 10 absentee ballot. Such request may be considered canceled when 11 any first-class mail sent by the supervisor to the elector is 12 returned as undeliverable. 13 (b) The supervisor may accept a written or telephonic 14 request for an absentee ballot from the elector, or, if 15 directly instructed by the elector, a member of the elector's 16 immediate family, or the elector's legal guardian. For 17 purposes of this section, the term "immediate family" has the 18 same meaning as specified in paragraph (4)(b). The person 19 making the request must disclose: 20 1. The name of the elector for whom the ballot is 21 requested; 22 2. The elector's address; 23 3. The elector's date of birth; 24 4. The requester's name; 25 5. The requester's address; 26 6. The requester's driver's license number, if 27 available; 28 7. The requester's relationship to the elector; and 29 8. The requester's signature (written requests only). 30 (4)(a) To each absent qualified elector overseas who 31 has requested an absentee ballot, the supervisor of elections 36 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 shall mail an absentee ballot not less fewer than 35 days 2 before the primary election and not less than 45 days before 3 the or general election. 4 (b) The supervisor shall provide an absentee ballot to 5 each elector by whom a request for that ballot has been made 6 by one of the following means: 7 1. By nonforwardable, return-if-undeliverable mail to 8 the elector's current mailing address on file with the 9 supervisor, unless the elector specifies in the request that: 10 a. The elector is absent from the county and does not 11 plan to return before the day of the election; 12 b. The elector is temporarily unable to occupy the 13 residence because of hurricane, tornado, flood, fire, or other 14 emergency or natural disaster; or 15 c. The elector is in a hospital, assisted-living 16 facility, nursing home, short-term medical or rehabilitation 17 facility, or correctional facility, 18 19 in which case the supervisor shall mail the ballot by 20 nonforwardable, return-if-undeliverable mail to any other 21 address the elector specifies in the request. 22 2. By forwardable mail to voters who are entitled to 23 vote by absentee ballot under the Uniformed and Overseas 24 Citizens Absentee Voting Act. 25 3. By personal delivery before 7 p.m. on election day 26 to the elector, upon presentation of the identification 27 required in s. 101.043 s. 101.657. 28 4. By delivery to a designee on election day or up to 29 5 4 days prior to the day of an election. Any elector may 30 designate in writing a person to pick up the ballot for the 31 elector; however, the person designated may not pick up more 37 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 than two absentee ballots per election, other than the 2 designee's own ballot, except that additional ballots may be 3 picked up for members of the designee's immediate family. For 4 purposes of this section, "immediate family" means the 5 designee's spouse or the parent, child, grandparent, or 6 sibling of the designee or of the designee's spouse. The 7 designee shall provide to the supervisor the written 8 authorization by the elector and a picture identification of 9 the designee and must complete an affidavit. The designee 10 shall state in the affidavit that the designee is authorized 11 by the elector to pick up that ballot and shall indicate if 12 the elector is a member of the designee's immediate family 13 and, if so, the relationship. The department shall prescribe 14 the form of the affidavit. If the supervisor is satisfied that 15 the designee is authorized to pick up the ballot and that the 16 signature of the elector on the written authorization matches 17 the signature of the elector on file, the supervisor shall 18 give the ballot to that designee for delivery to the elector. 19 Section 31. Subsection (2) of section 101.68, Florida 20 Statutes, is amended to read: 21 101.68 Canvassing of absentee ballot.-- 22 (2)(a) The county canvassing board may begin the 23 canvassing of absentee ballots at 7 a.m. on the sixth fourth 24 day before the election, but not later than noon on the day 25 following the election. In addition, for any county using 26 electronic tabulating equipment, the processing of absentee 27 ballots through such tabulating equipment may begin at 7 a.m. 28 on the sixth fourth day before the election. However, 29 notwithstanding any such authorization to begin canvassing or 30 otherwise processing absentee ballots early, no result shall 31 be released until after the closing of the polls in that 38 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 county on election day. Any supervisor of elections, deputy 2 supervisor of elections, canvassing board member, election 3 board member, or election employee who releases the results of 4 a canvassing or processing of absentee ballots prior to the 5 closing of the polls in that county on election day commits a 6 felony of the third degree, punishable as provided in s. 7 775.082, s. 775.083, or s. 775.084. 8 (b) To ensure that all absentee ballots to be counted 9 by the canvassing board are accounted for, the canvassing 10 board shall compare the number of ballots in its possession 11 with the number of requests for ballots received to be counted 12 according to the supervisor's file or list. 13 (c)1. The canvassing board shall, if the supervisor 14 has not already done so, compare the signature of the elector 15 on the voter's certificate with the signature of the elector 16 in the registration books to see that the elector is duly 17 registered in the county and to determine the legality of that 18 absentee ballot. Effective July 1, 2005, The ballot of an 19 elector who casts an absentee ballot shall be counted even if 20 the elector dies on or before election day, as long as, prior 21 to the death of the voter, the ballot was postmarked by the 22 United States Postal Service, date-stamped with a verifiable 23 tracking number by common carrier, or already in the 24 possession of the supervisor of elections. An absentee ballot 25 shall be considered illegal if it does not include the 26 signature of the elector, as shown by the registration 27 records. However, an absentee ballot shall not be considered 28 illegal if the signature of the elector does not cross the 29 seal of the mailing envelope. If the canvassing board 30 determines that any ballot is illegal, a member of the board 31 shall, without opening the envelope, mark across the face of 39 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 the envelope: "rejected as illegal." The envelope and the 2 ballot contained therein shall be preserved in the manner that 3 official ballots voted are preserved. 4 2. If any elector or candidate present believes that 5 an absentee ballot is illegal due to a defect apparent on the 6 voter's certificate, he or she may, at any time before the 7 ballot is removed from the envelope, file with the canvassing 8 board a protest against the canvass of that ballot, specifying 9 the precinct, the ballot, and the reason he or she believes 10 the ballot to be illegal. A challenge based upon a defect in 11 the voter's certificate may not be accepted after the ballot 12 has been removed from the mailing envelope. 13 (d) The canvassing board shall record the ballot upon 14 the proper record, unless the ballot has been previously 15 recorded by the supervisor. The mailing envelopes shall be 16 opened and the secrecy envelopes shall be mixed so as to make 17 it impossible to determine which secrecy envelope came out of 18 which signed mailing envelope; however, in any county in which 19 an electronic or electromechanical voting system is used, the 20 ballots may be sorted by ballot styles and the mailing 21 envelopes may be opened and the secrecy envelopes mixed 22 separately for each ballot style. The votes on absentee 23 ballots shall be included in the total vote of the county. 24 Section 32. Subsection (2) of section 102.112, Florida 25 Statutes, is amended to read: 26 102.112 Deadline for submission of county returns to 27 the Department of State.-- 28 (2) Returns must be filed by 5 p.m. on the 7th day 29 following a primary election and by noon 5 p.m. on the 12th 30 11th day following the general election. However, the 31 Department of State may correct typographical errors, 40 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 including the transposition of numbers, in any returns 2 submitted to the Department of State pursuant to s. 3 102.111(1). 4 Section 33. Present subsections (4) through (9) of 5 section 102.141, Florida Statutes, are renumbered as 6 subsections (5) through (10), respectively, present 7 subsections (4) and (6) of that section are amended, and a new 8 subsection (4) is added to that section, to read: 9 102.141 County canvassing board; duties.-- 10 (4) The canvassing board shall submit by 11:59 p.m. on 11 election night the preliminary returns it has received to the 12 Department of State in a format provided by the department. 13 (5)(4) The canvassing board shall submit on forms or 14 in formats provided by the division unofficial returns to the 15 Department of State for each federal, statewide, state, or 16 multicounty office or ballot measure no later than noon on the 17 third day after any primary election and no later than noon on 18 the fourth fifth day after any general or other election. Such 19 returns shall include the canvass of all ballots as required 20 by subsection (2), except for provisional ballots, which 21 returns shall be reported at the time required for official 22 returns pursuant to s. 102.112(2). 23 (7)(6) If the unofficial returns reflect that a 24 candidate for any office was defeated or eliminated by 25 one-half of a percent or less of the votes cast for such 26 office, that a candidate for retention to a judicial office 27 was retained or not retained by one-half of a percent or less 28 of the votes cast on the question of retention, or that a 29 measure appearing on the ballot was approved or rejected by 30 one-half of a percent or less of the votes cast on such 31 measure, the board responsible for certifying the results of 41 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 the vote on such race or measure shall order a recount of the 2 votes cast with respect to such office or measure. The 3 Elections Canvassing Commission is the board responsible for 4 ordering federal, state, and multicounty recounts. A recount 5 need not be ordered with respect to the returns for any 6 office, however, if the candidate or candidates defeated or 7 eliminated from contention for such office by one-half of a 8 percent or less of the votes cast for such office request in 9 writing that a recount not be made. 10 (a) Each canvassing board responsible for conducting a 11 recount shall put each marksense ballot through automatic 12 tabulating equipment and determine whether the returns 13 correctly reflect the votes cast. If any marksense ballot is 14 physically damaged so that it cannot be properly counted by 15 the automatic tabulating equipment during the recount, a true 16 duplicate shall be made of the damaged ballot pursuant to the 17 procedures in s. 101.5614(5). Immediately before the start of 18 the recount, a test of the tabulating equipment shall be 19 conducted as provided in s. 101.5612. If the test indicates no 20 error, the recount tabulation of the ballots cast shall be 21 presumed correct and such votes shall be canvassed 22 accordingly. If an error is detected, the cause therefor shall 23 be ascertained and corrected and the recount repeated, as 24 necessary. The canvassing board shall immediately report the 25 error, along with the cause of the error and the corrective 26 measures being taken, to the Department of State. No later 27 than 11 days after the election, the canvassing board shall 28 file a separate incident report with the Department of State, 29 detailing the resolution of the matter and identifying any 30 measures that will avoid a future recurrence of the error. 31 (b) Each canvassing board responsible for conducting a 42 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 recount where touchscreen ballots were used shall examine the 2 counters on the precinct tabulators to ensure that the total 3 of the returns on the precinct tabulators equals the overall 4 election return. If there is a discrepancy between the overall 5 election return and the counters of the precinct tabulators, 6 the counters of the precinct tabulators shall be presumed 7 correct and such votes shall be canvassed accordingly. 8 (c) The canvassing board shall submit on forms or in 9 formats provided by the division a second set of unofficial 10 returns to the Department of State for each federal, 11 statewide, state, or multicounty office or ballot measure no 12 later than 3 p.m. on the fifth day after any primary election 13 and no later than 3 p.m. on the ninth eighth day after any 14 general election in which a recount was conducted pursuant to 15 this subsection. If the canvassing board is unable to complete 16 the recount prescribed in this subsection by the deadline, the 17 second set of unofficial returns submitted by the canvassing 18 board shall be identical to the initial unofficial returns and 19 the submission shall also include a detailed explanation of 20 why it was unable to timely complete the recount. However, the 21 canvassing board shall complete the recount prescribed in this 22 subsection, along with any manual recount prescribed in s. 23 102.166, and certify election returns in accordance with the 24 requirements of this chapter. 25 (d) The Department of State shall adopt detailed rules 26 prescribing additional recount procedures for each certified 27 voting system, which shall be uniform to the extent 28 practicable. 29 Section 34. Paragraph (b) of subsection (5) of section 30 102.166, Florida Statutes, is amended to read: 31 102.166 Manual recounts.-- 43 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 (5) Procedures for a manual recount are as follows: 2 (b) Each duplicate ballot prepared pursuant to s. 3 101.5614(5) or s. 102.141(7) s. 102.141(6) shall be compared 4 with the original ballot to ensure the correctness of the 5 duplicate. 6 Section 35. Subsection (3) is added to section 7 103.081, Florida Statutes, to read: 8 103.081 Use of party name; political advertising.-- 9 (3) A political party may file with the Department of 10 State names of groups or committees associated with the 11 political party. Such filed names may not be used without 12 first obtaining the written permission of the chair of the 13 state executive committee of the party. 14 Section 36. Subsections (1) and (4) and paragraph (b) 15 of subsection (6) of section 103.091, Florida Statutes, are 16 amended to read: 17 103.091 Political parties.-- 18 (1) Each political party of the state shall be 19 represented by a state executive committee. County executive 20 committees and other committees may be established in 21 accordance with the rules of the state executive committee. A 22 political party may provide for the selection of its national 23 committee and its state and county executive committees in 24 such manner as it deems proper. Unless otherwise provided by 25 party rule, the county executive committee of each political 26 party shall consist of at least two members, a man and a 27 woman, from each precinct, who shall be called the precinct 28 committeeman and committeewoman. For counties divided into 40 29 or more precincts, the state executive committee may adopt a 30 district unit of representation for such county executive 31 committees. Upon adoption of a district unit of 44 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 representation, the state executive committee shall request 2 the supervisor of elections of that county, with approval of 3 the board of county commissioners, to provide for election 4 districts as nearly equal in number of registered voters as 5 possible. Each county committeeman or committeewoman shall be 6 a resident of the precinct from which he or she is elected. 7 Each state committeeman or committeewoman must be a member in 8 good standing of the county executive committee for the county 9 in which the state committeeman or committeewoman is a 10 registered voter. 11 (4) Any political party other than a minor political 12 party may by rule provide for the membership of its state or 13 county executive committee to be elected for 4-year terms at 14 the primary election in each year a presidential election is 15 held. The terms shall commence on the first day of the month 16 following each presidential general election; but the names of 17 candidates for political party offices shall not be placed on 18 the ballot at any other election. The results of such election 19 shall be determined by a plurality of the votes cast. In such 20 event, electors seeking to qualify for such office shall do so 21 with the Department of State or supervisor of elections not 22 earlier than noon of the 71st 57th day, or later than noon of 23 the 67th 53rd day, preceding the primary election. The 24 outgoing chair of each county executive committee shall, 25 within 30 days after the committee members take office, hold 26 an organizational meeting of all newly elected members for the 27 purpose of electing officers. The chair of each state 28 executive committee shall, within 60 days after the committee 29 members take office, hold an organizational meeting of all 30 newly elected members for the purpose of electing officers. 31 (6) 45 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 (b) Each state executive committee shall include, as 2 at-large committeemen and committeewomen, all members of the 3 United States Congress representing the State of Florida who 4 are members of the political party, all statewide elected 5 officials who are members of the party, 10 Florida registered 6 voters who are members of the party as appointed by the 7 Governor if the Governor is a member of the party, and the 8 President of the Senate or the Minority Leader in the Senate, 9 and the Speaker of the House of Representatives or the 10 Minority Leader in the House of Representatives, whichever is 11 a member of the political party, and 20 members of the 12 Legislature who are members of the political party. Ten of 13 the legislators shall be appointed with the concurrence of the 14 state chair of the respective party, as follows: five to be 15 appointed by the President of the Senate; five by the Minority 16 Leader in the Senate; five by the Speaker of the House of 17 Representatives; and five by the Minority Leader in the House. 18 Section 37. Section 103.141, Florida Statutes, is 19 amended to read: 20 103.141 Removal of county executive committee member 21 for violation of oath.-- 22 (1) Where the county executive committee by at least a 23 two-thirds majority vote of the members of the committee, 24 attending a meeting held after due notice has been given and 25 at which meeting a quorum is present, determines an incumbent 26 county executive committee member to be guilty of an offense 27 involving a violation of the member's oath of office, said 28 member so violating his or her oath shall be removed from 29 office and the office shall be deemed vacant. Provided, 30 however, if the county committee wrongfully removes a county 31 committee member and the committee member so wrongfully 46 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 removed files suit in the circuit court alleging his or her 2 removal was wrongful and wins said suit, the committee member 3 shall be restored to office and the county committee shall pay 4 the costs incurred by the wrongfully removed committee member 5 in bringing the suit, including reasonable attorney's fees. 6 (2) Any officer, county committeeman, county 7 committeewoman, precinct committeeman, precinct 8 committeewoman, or member of a county executive committee may 9 be removed from office pursuant to s. 103.161. Either the 10 county or state executive committee is empowered to take 11 judicial action in chancery against a county committee member 12 for alleged violation of the member's oath of office in the 13 circuit court of the county in which that committee member is 14 an elector; provided, however, that the state committee may 15 take such judicial action only when a county committee refuses 16 to take such judicial action within 10 days after a charge is 17 made. Procedure shall be as in other cases in chancery, and if 18 the court shall find as fact that the defendant did violate 19 his or her oath of office, it shall enter a decree removing 20 the defendant from the county committee. If either such 21 executive committee brings suit in the circuit court for the 22 removal of a county committee member and loses said suit, such 23 committee shall pay the court costs incurred in such suit by 24 the committee member, including reasonable attorney's fees. 25 Section 38. Section 103.151, Florida Statutes, is 26 repealed. 27 Section 39. Section 103.161, Florida Statutes, is 28 created to read: 29 103.161 Removal or suspension of officers or members 30 of state executive committee or county executive committee.-- 31 (1) The chairman of the state executive committee is 47 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 empowered to remove or suspend from an office within the 2 chairman's political party any officer, state committeeman, 3 state committeewoman, county committeeman, county 4 committeewoman, precinct committeeman, precinct 5 committeewoman, or other member of a state executive 6 committee, county executive committee, political party club, 7 or other organization using the political party name as 8 provided in s. 103.081 for a violation of the oath of office 9 taken by such individual or for engaging in other activities 10 described in this section. 11 (2) Such violation may include engaging in activities 12 that have or could have injured the name or status of the 13 political party or interfered with the activities of the 14 political party. The chairman has sole discretion to determine 15 if a violation occurred. 16 (3) Upon the chairman's determination that a violation 17 of the oath of office occurred or that an individual engaged 18 in other activities described in this section, the chairman 19 may remove or suspend the individual from his or her office. 20 If the chairman removes the individual from office, the office 21 shall be deemed vacant upon the delivery of the chairman's 22 written order of removal to the individual. When a vacancy in 23 office is created, the chairman shall appoint an individual to 24 serve through the end of the term of the office. If the 25 chairman suspends the individual, the chairman shall determine 26 the length of the suspension. 27 (4) An individual removed from office by the chairman 28 shall not be eligible to serve on the state executive 29 committee or any county executive committee of the political 30 party for a period of no less than 4 years from the effective 31 date of the removal. 48 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 Section 40. Subsection (1) of section 105.031, Florida 2 Statutes, is amended to read: 3 105.031 Qualification; filing fee; candidate's oath; 4 items required to be filed.-- 5 (1) TIME OF QUALIFYING.--Except for candidates for 6 judicial office, nonpartisan candidates for multicounty office 7 shall qualify with the Division of Elections of the Department 8 of State and nonpartisan candidates for countywide or less 9 than countywide office shall qualify with the supervisor of 10 elections. Candidates for judicial office other than the 11 office of county court judge shall qualify with the Division 12 of Elections of the Department of State, and candidates for 13 the office of county court judge shall qualify with the 14 supervisor of elections of the county. Candidates for judicial 15 office shall qualify no earlier than noon of the 120th day, 16 and no later than noon of the 116th day, before the primary 17 election. Candidates for the office of school board member 18 shall qualify no earlier than noon of the 71st 50th day, and 19 no later than noon of the 67th 46th day, before the primary 20 election. Filing shall be on forms provided for that purpose 21 by the Division of Elections and furnished by the appropriate 22 qualifying officer. Any person seeking to qualify by the 23 petition process, as set forth in s. 105.035, who has 24 submitted the necessary petitions by the required deadline and 25 is notified after the fifth day prior to the last day for 26 qualifying that the required number of signatures has been 27 obtained, shall be entitled to subscribe to the candidate's 28 oath and file the qualifying papers at any time within 5 days 29 from the date he or she is notified that the necessary number 30 of signatures has been obtained. Any person other than a 31 write-in candidate who qualifies within the time prescribed in 49 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 this subsection shall be entitled to have his or her name 2 printed on the ballot. 3 Section 41. Paragraph (c) of subsection (1) of section 4 106.021, Florida Statutes, is amended to read: 5 106.021 Campaign treasurers; deputies; primary and 6 secondary depositories.-- 7 (1) 8 (c) Any campaign treasurer or deputy treasurer 9 appointed pursuant to this section shall be a registered voter 10 in this state and shall, before such appointment may become 11 effective, have accepted appointment to such position in 12 writing and filed such acceptance with the officer before whom 13 the candidate is required to qualify or with the officer with 14 whom the political committee is required to file reports. An 15 individual may be appointed and serve as campaign treasurer of 16 a candidate and a political committee or two or more 17 candidates and political committees. A candidate may appoint 18 herself or himself as campaign treasurer. 19 Section 42. Subsection (1) of section 106.04, Florida 20 Statutes, is amended to read: 21 106.04 Committees of continuous existence.-- 22 (1) In order to qualify as a committee of continuous 23 existence for the purposes of this chapter, a group, 24 organization, association, or other such entity which is 25 involved in making contributions to candidates, political 26 committees, or political parties, shall meet the following 27 criteria: 28 (a) It shall be organized and operated in accordance 29 with a written charter or set of bylaws which contains 30 procedures for the election of officers and directors and 31 which clearly defines membership in the organization; and 50 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 (b) At least 25 percent of the income of such 2 organization, excluding interest, must be derived from dues or 3 assessments payable on a regular basis by its membership 4 pursuant to provisions contained in the charter or bylaws. 5 Dues may be collected by a group, organization, association, 6 or other such entity from its members and forwarded to the 7 committee of continuous existence. The committee of continuous 8 existence shall report such dues as if it had received the 9 dues directly from its members, in the manner prescribed in 10 subsection (4). 11 Section 43. Section 106.055, Florida Statutes, is 12 amended to read: 13 106.055 Valuation of in-kind contributions.--Any 14 person who makes an in-kind contribution shall, at the time of 15 making such contribution, place a value on such contribution, 16 which valuation shall be the fair market value of such 17 contribution. Travel conveyed upon private aircraft shall be 18 valued at the actual cost of per person commercial air travel 19 for the same or a substantially similar route. 20 Section 44. Subsection (10) is added to section 21 106.08, Florida Statutes, to read: 22 106.08 Contributions; limitations on.-- 23 (10) Contributions to a political committee or 24 committee of continuous existence may be received by an 25 affiliated organization and transferred to the bank account of 26 the political committee or committee of continuous existence 27 via check written from the affiliated organization if such 28 contributions are specifically identified as intended to be 29 contributed to the political committee or committee of 30 continuous existence. All contributions received in this 31 manner shall be reported pursuant to s. 106.07 by the 51 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 political committee or committee of continuous existence as 2 having been made by the original contributor. 3 Section 45. Section 106.09, Florida Statutes, is 4 amended to read: 5 106.09 Cash contributions and contribution by 6 cashier's checks.-- 7 (1) A person may not make or accept a cash 8 contribution or contribution by means of a cashier's check in 9 excess of $50 $100. 10 (2)(a) Any person who makes or accepts a contribution 11 in excess of $50 $100 in violation of this section commits a 12 misdemeanor of the first degree, punishable as provided in s. 13 775.082 or s. 775.083. 14 (b) Any person who knowingly and willfully makes or 15 accepts a contribution in excess of $5,000 in violation of 16 this section commits a felony of the third degree, punishable 17 as provided in s. 775.082, s. 775.083, or s. 775.084. 18 Section 46. Subsection (1) of section 106.143, Florida 19 Statutes, is amended to read: 20 106.143 Political advertisements circulated prior to 21 election; requirements.-- 22 (1)(a) Any political advertisement that is paid for by 23 a candidate and that is published, displayed, or circulated 24 prior to, or on the day of, any election must prominently 25 state: "Political advertisement paid for and approved by 26 ...(name of candidate)..., ...(party affiliation)..., for 27 ...(office sought)...." 28 (b) Any other political advertisement published, 29 displayed, or circulated prior to, or on the day of, any 30 election must prominently: 31 1. Be marked "paid political advertisement" or with 52 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 the abbreviation "pd. pol. adv." 2 2. State the name and address of the persons 3 sponsoring the advertisement. 4 3.a.(I) State whether the advertisement and the cost 5 of production is paid for or provided in kind by or at the 6 expense of the entity publishing, displaying, broadcasting, or 7 circulating the political advertisement; or 8 (II) State who provided or paid for the advertisement 9 and cost of production, if different from the source of 10 sponsorship. 11 b. This subparagraph does not apply if the source of 12 the sponsorship is patently clear from the content or format 13 of the political advertisement. 14 (c) Any political advertisement made pursuant to s. 15 106.021(3)(d) must be marked "paid political advertisement" or 16 with the abbreviation "pd. pol. adv." and must prominently 17 state, "Paid for and sponsored by ...(name of person paying 18 for political advertisement). Approved by...(names of persons, 19 party affiliation, and offices sought in the political 20 advertisement)."... 21 22 This subsection does not apply to campaign messages used by a 23 candidate and the candidate's supporters if those messages are 24 designed to be worn by a person. 25 Section 47. Section 106.17, Florida Statutes, is 26 amended to read: 27 106.17 Polls and surveys relating to candidacies.--Any 28 candidate, political committee, committee of continuous 29 existence, electioneering communication organization, or state 30 or county executive committee of a political party may 31 authorize or conduct a political poll, survey, index, or 53 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 measurement of any kind relating to candidacy for public 2 office so long as the candidate, political committee, 3 committee of continuous existence, electioneering 4 communication organization, or political party maintains 5 complete jurisdiction over the poll in all its aspects. 6 Section 48. Section 106.25, Florida Statutes, is 7 amended to read: 8 106.25 Reports of alleged violations to Florida 9 Elections Commission; disposition of findings.-- 10 (1) Jurisdiction to investigate and determine 11 violations of this chapter and chapter 104 is vested in the 12 Florida Elections Commission; however, nothing in this section 13 limits the jurisdiction of any other officers or agencies of 14 government empowered by law to investigate, act upon, or 15 dispose of alleged violations of this code. 16 (2) The commission shall investigate all violations of 17 this chapter and chapter 104, but only after having received 18 either a sworn complaint or information reported to it under 19 this subsection by the Division of Elections. Such sworn 20 complaint must be based upon personal information or 21 information other than hearsay. Any person, other than the 22 division, having information of any violation of this chapter 23 or chapter 104 shall file a sworn complaint with the 24 commission. The commission shall investigate only those 25 alleged violations specifically contained within the sworn 26 complaint. If any complainant fails to allege all violations 27 that arise from the facts or allegations alleged in a 28 complaint, the commission shall be barred from investigating a 29 subsequent complaint from such complainant that is based upon 30 such facts or allegations that were raised or could have been 31 raised in the first complaint. If the complaint includes 54 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 allegations of violations relating to expense items reimbursed 2 by a candidate, committee, or organization to the campaign 3 account before a sworn complaint is filed, the commission 4 shall be barred from investigating such allegations. Such 5 sworn complaint shall state whether a complaint of the same 6 violation has been made to any state attorney. Within 5 days 7 after receipt of a sworn complaint, the commission shall 8 transmit a copy of the complaint to the alleged violator. If 9 the executive director finds that the complaint is legally 10 sufficient, the respondent shall be notified of such finding 11 by letter, which sets forth the statutory provisions alleged 12 to have been violated and the alleged factual basis that 13 supports the finding. All sworn complaints alleging violations 14 of the Florida Election Code over which the commission has 15 jurisdiction shall be filed with the commission within 2 years 16 after the alleged violations. The period of limitations is 17 tolled on the day a sworn complaint is filed with the 18 commission. The complainant may withdraw the sworn complaint 19 at any time prior to a probable cause hearing if good cause is 20 shown. Withdrawal shall be requested in writing, signed by the 21 complainant, and witnessed by a notary public, stating the 22 facts and circumstances constituting good cause. The executive 23 director shall prepare a written recommendation regarding 24 disposition of the request which shall be given to the 25 commission together with the request. "Good cause" shall be 26 determined based upon the legal sufficiency or insufficiency 27 of the complaint to allege a violation and the reasons given 28 by the complainant for wishing to withdraw the complaint. If 29 withdrawal is permitted, the commission must close the 30 investigation and the case. No further action may be taken. 31 The complaint will become a public record at the time of 55 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 withdrawal. 2 (3) For the purposes of commission jurisdiction, a 3 violation shall mean the willful performance of an act 4 prohibited by this chapter or chapter 104 or the willful 5 failure to perform an act required by this chapter or chapter 6 104. Willfulness is a determination of fact; however, at the 7 request of the respondent, willfulness may be considered and 8 determined in an informal hearing before the commission. 9 (4) The commission shall undertake a preliminary 10 investigation to determine if the facts alleged in a sworn 11 complaint or a matter initiated by the division constitute 12 probable cause to believe that a violation has occurred. The 13 respondent, the complainant, and their respective counsel 14 shall be permitted to attend the hearing at which the probable 15 cause determination is made. Notice of the hearing shall be 16 sent to the respondent and the complainant at least 14 days 17 prior to the date of the hearing. The respondent and his or 18 her counsel shall be permitted to make a brief oral statement 19 in the nature of oral argument to the commission before the 20 probable cause determination. The commission's determination 21 shall be based upon the investigator's report, the complaint, 22 and staff recommendations, as well as any written statements 23 submitted by the respondent and any oral statements made at 24 the hearing. No testimony or other evidence shall be accepted 25 at the hearing. Upon completion of the preliminary 26 investigation, the commission shall, by written report, find 27 probable cause or no probable cause to believe that this 28 chapter or chapter 104 has been violated. 29 (a) When the investigator's report is completed, the 30 executive director shall notify the respondent that the report 31 is completed and shall send to the respondent a copy of the 56 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 investigator's report. The investigatory file and main 2 complaint file shall be open for inspection by the respondent 3 and the respondent's counsel at that time, and copies may be 4 obtained at no more than cost. 5 (b) The respondent shall be given not less than 14 6 days from the date of mailing of the investigator's report to 7 file with the commission a written response to the 8 investigator's report. This time period may be shortened with 9 the consent of the respondent, or without the consent of the 10 respondent when the passage of time could reasonably be 11 expected to render moot the ultimate disposition of the matter 12 by the commission so long as reasonable notice under the 13 circumstances is given. 14 (c) Counsel for the commission shall review the 15 investigator's report and shall make a written recommendation 16 to the commission for the disposition of the complaint. If the 17 counsel for the commission recommends that the commission find 18 probable cause, the recommendation shall include a statement 19 of what charges shall be at issue. A copy of the 20 recommendation shall be furnished to the respondent. The 21 respondent shall be given not less than 14 days from the date 22 of mailing of the recommendation of counsel for the commission 23 to file with the commission a written response to the 24 recommendation. This time period may be shortened with the 25 consent of the respondent, or without the consent of the 26 respondent when the passage of time could reasonably be 27 expected to render moot the ultimate disposition of the matter 28 by the commission, so long as the recommendation is furnished 29 to the respondent within a reasonable period of time under the 30 circumstances. 31 (d) The respondent and each complainant, their 57 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 counsel, and the counsel for the commission shall be permitted 2 to attend the hearing at which the probable cause 3 determination is made. Notice of the hearing shall be sent to 4 the respondent, each complainant, and counsel for the 5 commission at least 14 days before the hearing. This time 6 period may be shortened with the consent of the respondent, or 7 without the consent of the respondent when the passage of time 8 could reasonably be expected to render moot the ultimate 9 disposition of the matter by the commission, so long as the 10 notice is furnished within a reasonable period of time under 11 the circumstances. 12 (e) The probable cause determination is the conclusion 13 of the preliminary investigation. The respondent and the 14 counsel for the commission shall be permitted to make brief 15 oral statements in the nature of oral argument to the 16 commission, based on the investigator's report, before the 17 probable cause determination. The commission's determination 18 shall be based upon the investigator's report, the 19 recommendation of counsel for the commission, the complaint, 20 and staff recommendations, as well as any written statements 21 submitted by the respondent and any oral statements made at 22 the hearing. No testimony or other evidence will be accepted 23 at the hearing. 24 (f) At its meeting to determine probable cause, the 25 commission may continue its determination to allow further 26 investigation; may order the issuance of a public report of 27 its investigation if it finds no probable cause to believe 28 that there has been a violation of this chapter or chapter 29 104, concluding the matter before it; may order a final, 30 public hearing of the complaint if it finds probable cause to 31 believe that there has been a violation of this chapter or 58 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 chapter 104; or may take such other action as it deems 2 necessary to resolve the complaint, consistent with due 3 process of law. In making its determination, the commission 4 may consider: 5 1. The sufficiency of the evidence against the 6 respondent, as contained in the investigator's report; 7 2. The admissions and other stipulations of the 8 respondent, if any; 9 3. The nature and circumstances of the respondent's 10 actions; 11 4. The expense of further proceedings; and 12 5. Such other factors as it deems material to its 13 decision. 14 15 If the commission finds probable cause, the commission shall 16 determine what charges shall be at issue. 17 (g)(a) If no probable cause is found, the commission 18 shall dismiss the case and the case shall become a matter of 19 public record, except as otherwise provided in this section, 20 together with a written statement of the findings of the 21 preliminary investigation and a summary of the facts which the 22 commission shall send to the complainant and the alleged 23 violator. A finding of no probable cause by the commission is 24 a full adjudication of all such matters. The commission may 25 not charge a respondent in a subsequent complaint alleging 26 violations based upon the same actions, nonactions, or 27 circumstances wherein the commission found no probable cause. 28 (h)(b) If probable cause is found, the commission 29 shall so notify the complainant and the alleged violator in 30 writing. All documents made or received in the disposition of 31 the complaint shall become public records upon a finding by 59 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 the commission. 2 (i)1. Upon a commission finding of probable cause, the 3 counsel for the commission shall attempt to reach a consent 4 agreement with the respondent. 5 2. A consent agreement is not binding upon either 6 party unless and until it is signed by the respondent and by 7 counsel for the commission upon approval by the commission. 8 3. Nothing herein shall be construed to prevent the 9 commission from entering into a consent agreement with a 10 respondent prior to a commission finding of probable cause if 11 a respondent indicates in writing a desire to enter into 12 negotiations directed towards reaching such a consent 13 agreement. Any consent agreement reached under this 14 subparagraph is subject to the provisions of subparagraph 2. 15 and shall have the same force and effect as a consent 16 agreement reached after the commission finding of probable 17 cause. 18 (j) If a consent agreement is reached between the 19 commission and the respondent, counsel for the commission 20 shall send a copy of the signed agreement to both complainant 21 and respondent. 22 23 In a case where probable cause is found, the commission shall 24 make a preliminary determination to consider the matter or to 25 refer the matter to the state attorney for the judicial 26 circuit in which the alleged violation occurred. 27 Notwithstanding any other provisions of this section, the 28 commission may, at its discretion, dismiss any complaint at 29 any stage of disposition if it determines that the public 30 interest would not be served by proceeding further, in which 31 case the commission shall issue a public report stating with 60 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 particularity its reasons for the dismissal. 2 (5) Unless When there are disputed issues of material 3 fact in a proceeding conducted under ss. 120.569 and 120.57, a 4 person alleged by the Elections Commission to have committed a 5 violation of this chapter or chapter 104 elects may elect, 6 within 30 days after the date of the filing of the 7 commission's allegations, to have a formal or informal hearing 8 conducted before the commission, or elects to resolve the 9 complaint by consent order, such person shall be entitled to a 10 formal administrative hearing conducted by an administrative 11 law judge in the Division of Administrative Hearings. The 12 administrative law judge in such proceedings shall enter a 13 final order subject to appeal as provided in s. 120.68. 14 (6) It is the duty of a state attorney receiving a 15 complaint referred by the commission to investigate the 16 complaint promptly and thoroughly; to undertake such criminal 17 or civil actions as are justified by law; and to report to the 18 commission the results of such investigation, the action 19 taken, and the disposition thereof. The failure or refusal of 20 a state attorney to prosecute or to initiate action upon a 21 complaint or a referral by the commission shall not bar 22 further action by the commission under this chapter. 23 (7) Every sworn complaint filed pursuant to this 24 chapter with the commission, every investigation and 25 investigative report or other paper of the commission with 26 respect to a violation of this chapter or chapter 104, and 27 every proceeding of the commission with respect to a violation 28 of this chapter or chapter 104 is confidential, is exempt from 29 the provisions of ss. 119.07(1) and 286.011, and is exempt 30 from publication in the Florida Administrative Weekly of any 31 notice or agenda with respect to any proceeding relating to 61 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 such violation, except under the following circumstances: 2 (a) As provided in subsection (6); 3 (b) Upon a determination of probable cause or no 4 probable cause by the commission; or 5 (c) For proceedings conducted with respect to appeals 6 of fines levied by filing officers for the late filing of 7 reports required by this chapter. 8 9 However, a complainant is not bound by the confidentiality 10 provisions of this section. In addition, confidentiality may 11 be waived in writing by the person against whom the complaint 12 has been filed or the investigation has been initiated. If a 13 finding of probable cause in a case is entered within 30 days 14 prior to the date of the election with respect to which the 15 alleged violation occurred, such finding and the proceedings 16 and records relating to such case shall not become public 17 until noon of the day following such election. When two or 18 more persons are being investigated by the commission with 19 respect to an alleged violation of this chapter or chapter 20 104, the commission may not publicly enter a finding of 21 probable cause or no probable cause in the case until a 22 finding of probable cause or no probable cause for the entire 23 case has been determined. However, once the confidentiality of 24 any case has been breached, the person or persons under 25 investigation have the right to waive the confidentiality of 26 the case, thereby opening up the proceedings and records to 27 the public. Any person who discloses any information or 28 matter made confidential by the provisions of this subsection 29 commits a misdemeanor of the first degree, punishable as 30 provided in s. 775.082 or s. 775.083. 31 (8) Any person who files a complaint pursuant to this 62 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 section while knowing that the allegations contained in such 2 complaint are false or without merit commits a misdemeanor of 3 the first degree, punishable as provided in s. 775.082 or s. 4 775.083. 5 (9) The commission shall maintain a database of all 6 final orders and agency actions. Such database shall be 7 available to the public and shall be maintained in such a 8 manner as to be searchable, at a minimum, by issue, statutes, 9 individuals, or entities referenced. 10 Section 49. Subsection (4) of section 106.35, Florida 11 Statutes, is amended to read: 12 106.35 Distribution of funds.-- 13 (4) Distribution of funds shall be made beginning on 14 the 32nd day prior to the primary within 7 days after the 15 close of qualifying and every 7 days thereafter. 16 Section 50. Section 112.51, Florida Statutes, is 17 amended to read: 18 112.51 Municipal officers; suspension; removal from 19 office.-- 20 (1) By executive order stating the grounds for the 21 suspension and filed with the Secretary of State, the Governor 22 may suspend from office any elected or appointed municipal 23 official for malfeasance, misfeasance, neglect of duty, 24 habitual drunkenness, incompetence, or permanent inability to 25 perform official duties. 26 (2) Whenever any elected or appointed municipal 27 official is arrested for a felony or for a misdemeanor related 28 to the duties of office or is indicted or informed against for 29 the commission of a federal felony or misdemeanor or state 30 felony or misdemeanor, the Governor has the power to suspend 31 such municipal official from office. 63 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 (3) The suspension of such official by the Governor 2 creates a temporary vacancy in such office during the 3 suspension. Any temporary vacancy in office created by 4 suspension of an official under the provisions of this section 5 shall be filled by a temporary appointment to such office for 6 the period of the suspension. Such temporary appointment 7 shall be made in the same manner and by the same authority by 8 which a permanent vacancy in such office is filled as provided 9 by law. If no provision for filling a permanent vacancy in 10 such office is provided by law, the temporary appointment 11 shall be made by the Governor. 12 (4) No municipal official who has been suspended from 13 office under this section may perform any official act, duty, 14 or function during his or her suspension; receive any pay or 15 allowance during his or her suspension; or be entitled to any 16 of the emoluments or privileges of his or her office during 17 suspension. 18 (5) If the municipal official is convicted of any of 19 the charges contained in the indictment or information by 20 reason of which he or she was suspended under the provisions 21 of this section, the Governor shall remove such municipal 22 official from office. If a person was selected to fill the 23 temporary vacancy pursuant to subsection (3), that person 24 shall serve the remaining balance, if any, of the removed 25 official's term of office. Otherwise, any vacancy created by 26 the removal shall be filled as provided by law. For the 27 purposes of this section, any person who pleads guilty or nolo 28 contendere or who is found guilty shall be deemed to have been 29 convicted, notwithstanding a suspension of sentence or a 30 withholding of adjudication. 31 (6) If the municipal official is acquitted or found 64 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 not guilty or is otherwise cleared of the charges which were 2 the basis of the arrest, indictment, or information by reason 3 of which he or she was suspended under the provisions of this 4 section, then the Governor shall forthwith revoke the 5 suspension and restore such municipal official to office; and 6 the official shall be entitled to and be paid full back pay 7 and such other emoluments or allowances to which he or she 8 would have been entitled for the full period of time of the 9 suspension. If, during the suspension, the term of office of 10 the municipal official expires and a successor is either 11 appointed or elected, such back pay, emoluments, or allowances 12 shall only be paid for the duration of the term of office 13 during which the municipal official was suspended under the 14 provisions of this section, and he or she shall not be 15 reinstated. 16 Section 51. Section 106.37, Florida Statutes, is 17 repealed. 18 Section 52. Subsections (2) and (3) of section 19 189.405, Florida Statutes, are amended to read: 20 189.405 Elections; general requirements and 21 procedures; education programs.-- 22 (2)(a) Any independent special district located 23 entirely in a single county may provide for the conduct of 24 district elections by the supervisor of elections for that 25 county. Any independent special district that conducts its 26 elections through the office of the supervisor shall make 27 election procedures consistent with the Florida Election Code. 28 (b) Any independent special district not conducting 29 district elections through the supervisor of elections shall 30 report to the supervisor in a timely manner the purpose, date, 31 authorization, procedures, and results of each election 65 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 conducted by the district. 2 (c) A candidate for a position on a governing board of 3 a single-county special district that has its elections 4 conducted by the supervisor of elections shall qualify for the 5 office with the county supervisor of elections in whose 6 jurisdiction the district is located. Elections for governing 7 board members elected by registered electors shall be 8 nonpartisan, except when partisan elections are specified by a 9 district's charter. Candidates shall qualify as directed by 10 chapter 99. by paying a filing fee equal to 3 percent of the 11 salary or honorarium paid for the office, or a filing fee of 12 $25, whichever is more. Alternatively, candidates may qualify 13 by submitting a petition that contains the signatures of at 14 least 3 percent of the district's registered electors, or any 15 lesser amount of signatures directed by chapter 99, chapter 16 582, or other general or special law. No election or party 17 assessment shall be levied if the election is nonpartisan. The 18 qualifying fee shall be remitted to the general revenue fund 19 of the qualifying officer to help defray the cost of the 20 election. The petition form shall be submitted and checked in 21 the same manner as those for nonpartisan judicial candidates 22 pursuant to s. 105.035. 23 (3)(a) If a multicounty special district has a 24 popularly elected governing board, elections for the purpose 25 of electing members to such board shall conform to the Florida 26 Election Code, chapters 97-106. 27 (b) With the exception of those districts conducting 28 elections on a one-acre/one-vote basis, qualifying for 29 multicounty special district governing board positions shall 30 be coordinated by the Department of State. Elections for 31 governing board members elected by registered electors shall 66 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 be nonpartisan, except when partisan elections are specified 2 by a district's charter. Candidates shall qualify as directed 3 by chapter 99. by paying a filing fee equal to 3 percent of 4 the salary or honorarium paid for the office, or a filing fee 5 of $25, whichever is more. Alternatively, candidates may 6 qualify by submitting a petition that contains the signatures 7 of at least 3 percent of the district's registered electors, 8 or any lesser amount of signatures directed by chapter 99, 9 chapter 582, or other general or special law. No election or 10 party assessment shall be levied if the election is 11 nonpartisan. The qualifying fee shall be remitted to the 12 Department of State. The petition form shall be submitted and 13 checked in the same manner as those for nonpartisan judicial 14 candidates pursuant to s. 105.035. 15 Section 53. Paragraph (a) of subsection (1) of section 16 191.005, Florida Statutes, is amended to read: 17 191.005 District boards of commissioners; membership, 18 officers, meetings.-- 19 (1)(a) With the exception of districts whose governing 20 boards are appointed collectively by the Governor, the county 21 commission, and any cooperating city within the county, the 22 business affairs of each district shall be conducted and 23 administered by a five-member board. All three-member boards 24 existing on the effective date of this act shall be converted 25 to five-member boards, except those permitted to continue as a 26 three-member board by special act adopted in 1997 or 27 thereafter. The board shall be elected in nonpartisan 28 elections by the electors of the district. Except as provided 29 in this act, such elections shall be held at the time and in 30 the manner prescribed by law for holding general elections in 31 accordance with s. 189.405(2)(a) and (3), and each member 67 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 shall be elected for a term of 4 years and serve until the 2 member's successor assumes office. Candidates for the board of 3 a district shall qualify as directed by chapter 99. with the 4 county supervisor of elections in whose jurisdiction the 5 district is located. If the district is a multicounty 6 district, candidates shall qualify with the Department of 7 State. All candidates may qualify by paying a filing fee of 8 $25 or by obtaining the signatures of at least 25 registered 9 electors of the district on petition forms provided by the 10 supervisor of elections which petitions shall be submitted and 11 checked in the same manner as petitions filed by nonpartisan 12 judicial candidates pursuant to s. 105.035. Notwithstanding s. 13 106.021, a candidate who does not collect contributions and 14 whose only expense is the filing fee is not required to 15 appoint a campaign treasurer or designate a primary campaign 16 depository. 17 Section 54. Paragraph (a) of subsection (1) of section 18 582.18, Florida Statutes, is amended to read: 19 582.18 Election of supervisors of each district.-- 20 (1) The election of supervisors for each soil and 21 water conservation district shall be held every 2 years. The 22 elections shall be held at the time of the general election 23 provided for by s. 100.041. The office of the supervisor of a 24 soil and water conservation district is a nonpartisan office, 25 and candidates for such office are prohibited from campaigning 26 or qualifying for election based on party affiliation. 27 (a) Each candidate for supervisor for such district 28 shall qualify as directed by chapter 99. be nominated by 29 nominating petition subscribed by 25 or more qualified 30 electors of such district. Candidates shall obtain signatures 31 on petition forms prescribed by the Department of State and 68 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 furnished by the appropriate qualifying officer. In 2 multicounty districts, the appropriate qualifying officer is 3 the Secretary of State; in single-county districts, the 4 appropriate qualifying officer is the supervisor of elections. 5 Such forms may be obtained at any time after the first Tuesday 6 after the first Monday in January preceding the election, but 7 prior to the 21st day preceding the first day of the 8 qualifying period for state office. Each petition shall be 9 submitted, prior to noon of the 21st day preceding the first 10 day of the qualifying period for state office, to the 11 supervisor of elections of the county for which such petition 12 was circulated. The supervisor of elections shall check the 13 signatures on the petition to verify their status as electors 14 in the district. Prior to the first date for qualifying, the 15 supervisor of elections shall determine whether the required 16 single-county signatures have been obtained; and she or he 17 shall so notify the candidate. In the case of a multicounty 18 candidate, the supervisor of elections shall check the 19 signatures on petitions and shall, prior to the first date for 20 qualifying for office, certify to the Department of State the 21 number shown as registered electors of the district. The 22 Department of State shall determine if the required number of 23 signatures has been obtained for multicounty candidates and 24 shall so notify the candidate. If the required number of 25 signatures has been obtained for the name of the candidate to 26 be placed on the ballot, the candidate shall, during the time 27 prescribed for qualifying for office in s. 99.061, submit a 28 copy of the notice to, and file her or his qualification 29 papers with, the qualifying officer and take the oath 30 prescribed in s. 99.021. 31 Section 55. Subsection (1) of section 876.05, Florida 69 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 Statutes, is amended to read: 2 876.05 Public employees; oath.-- 3 (1) All persons who now or hereafter are employed by 4 or who now or hereafter are on the payroll of the state, or 5 any of its departments and agencies, subdivisions, counties, 6 cities, school boards and districts of the free public school 7 system of the state or counties, or institutions of higher 8 learning, and all candidates for public office, except 9 candidates for federal office, are required to take an oath 10 before any person duly authorized to take acknowledgments of 11 instruments for public record in the state in the following 12 form: 13 14 I, ...., a citizen of the State of Florida and of the 15 United States of America, and being employed by or an officer 16 of .... and a recipient of public funds as such employee or 17 officer, do hereby solemnly swear or affirm that I will 18 support the Constitution of the United States and of the State 19 of Florida. 20 Section 56. At the time of qualification, all write-in 21 candidates must reside within the district represented by the 22 office sought. 23 Section 57. Except as otherwise expressly provided in 24 this act and except for this section, which shall take effect 25 upon becoming a law, this act shall take effect January 1, 26 2008. 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 Delete everything before the enacting clause 70 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 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 71 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 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. 99.012, F.S.; exempting persons seeking 25 federal office from the resign-to-run law; 26 amending s. 99.021, F.S.; prescribing form of 27 oath for candidates for federal office; 28 amending s. 99.061, F.S.; prescribing times for 29 qualifying for nomination or election; 30 prescribing specific procedures for qualifying 31 for special district office; providing that the 72 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 filing fee of a candidate for a special 2 district election need not be drawn on a 3 campaign account; amending s. 99.095, F.S.; 4 prescribing the number of signatures required 5 for a candidate for special district office to 6 qualify by petition; prescribing the time for 7 certification to the Division of Elections of 8 certain candidates qualifying by petition; 9 amending s. 99.096, F.S.; changing manner of 10 candidate selection by minor political parties; 11 repealing s. 99.0965, F.S., relating to the 12 selection of minor party candidates; amending 13 s. 100.041, F.S.; prescribing the time when a 14 county commissioner is deemed elected; amending 15 s. 100.051, F.S.; revising requirements 16 relating to candidates' whose names must be 17 printed on general election ballots; amending 18 s. 100.061, F.S.; changing the date of the 19 primary election; amending s. 100.111, F.S.; 20 revising provisions relating to choosing 21 political party nominees for a special 22 election; amending s. 100.191, F.S.; revising 23 the time for canvassing special election 24 returns; amending s. 100.371, F.S.; requiring 25 initiative petition forms to be signed by the 26 constitutionally required distribution of 27 electors; amending timeframes for verifying 28 petition signatures; prescribing information 29 that must be on a petition initiative form, and 30 conditions with which the elector signing it 31 must comply, before the form may be verified; 73 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 providing procedures for revocation of a 2 signature on a petition form; amending s. 3 101.043, F.S.; revising forms of identification 4 accepted at the polls; amending s. 101.048, 5 F.S.; changing the time within which a person 6 casting a provisional ballot may present 7 evidence of eligibility to vote; amending s. 8 101.573, F.S.; changing the time for filing 9 precinct-level election results; requiring such 10 results to be filed with respect to special 11 elections; prescribing requirements for such 12 data; amending s. 101.6103, F.S.; changing the 13 time to begin canvassing mail ballots; amending 14 s. 101.62, F.S.; revising the period of 15 effectiveness of a request for an absentee 16 ballot; revising the time for sending an 17 absentee ballot to an overseas elector; 18 revising time period for providing absentee 19 ballots; amending s. 101.68, F.S.; changing the 20 time to begin canvassing absentee ballots; 21 amending s. 102.112, F.S.; changing the 22 deadline for submitting county returns to the 23 Department of State; amending s. 102.141, F.S.; 24 requiring submission of preliminary returns in 25 certain format by election night to the 26 Department of State; changing the time to 27 submit unofficial returns; amending s. 102.166, 28 F.S.; conforming a cross-reference; amending s. 29 103.081, F.S.; allowing political parties to 30 file with the Department of State names of 31 groups associated with a party; prescribing 74 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 conditions on the use of those filed names; 2 amending s. 103.091, F.S.; revising the number 3 of and the qualifications for state 4 committeemen and committeewomen; changing the 5 times for qualifying for election to a 6 political party executive committee; amending 7 s. 103.141, F.S.; providing that officers and 8 members of a county executive committee may be 9 removed from office pursuant to s. 103.161; 10 repealing s. 103.151, F.S., relating to the 11 removal of a state executive committee member 12 for violation of the member's oath of office; 13 creating s. 103.161, F.S.; providing for the 14 removal or suspension of officers and members 15 of a state or county executive committee for 16 violation of the officer's or member's oath of 17 office; prescribing procedures for such removal 18 and restrictions after removal; amending s. 19 105.031, F.S.; changing the times for 20 qualifying for school board candidates; 21 amending s. 106.021, F.S.; revising 22 qualifications for a campaign treasurer and 23 deputy treasurer for a candidate or political 24 committee; amending s. 106.04, F.S.; 25 authorizing certain entities to collect and 26 forward membership dues to committees of 27 continuous existence; amending s. 106.055, 28 F.S.; prescribing valuation method for travel 29 on a private aircraft; amending s. 106.08, 30 F.S.; prescribing procedures for receiving and 31 transferring contributions made to political 75 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 committees and committees of continuous 2 existence; amending s. 106.09, F.S.; revising 3 prohibition on making or accepting a cash 4 contribution; amending s. 106.143, F.S.; 5 providing disclosure requirements for political 6 advertisements made pursuant to s. 7 106.021(3)(d), F.S.; amending s. 106.17, F.S.; 8 revising who may authorize or conduct polls or 9 surveys relating to candidates; amending s. 10 106.25, F.S.; revising requirements for 11 complaints filed alleging violations of 12 chapters 106 and 104, F.S.; revising procedures 13 after certain complaints are filed; providing 14 for the withdrawal of certain complaints; 15 providing for the Florida Elections Commission 16 to maintain a searchable database of all final 17 orders and agency actions and providing 18 requirements for such database; amending s. 19 106.35, F.S.; revising the time for the 20 Division of Elections to distribute funds to 21 candidates; amending s. 112.51, F.S.; providing 22 for filling vacancies created when a municipal 23 officer has been removed from office; repealing 24 s. 106.37, F.S., relating to willful violations 25 of campaign finance laws; amending s. 189.405, 26 F.S.; revising qualification procedures for 27 candidates for special district office; 28 amending s. 191.005, F.S.; revising 29 qualification procedures for candidates for 30 independent special fire control district 31 boards of commissioners; amending s. 582.18, 76 12:35 PM 04/27/07 h0537e1d-seg1-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 537, 1st Eng. Barcode 952548 1 F.S.; revising qualification procedures for 2 candidates for soil and water conservation 3 district supervisors; amending s. 876.05, F.S.; 4 exempting candidates for federal office from 5 taking the public employees' oath; requiring 6 that all write-in candidates reside within the 7 district of the office sought at the time of 8 qualification; providing effective dates. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 77 12:35 PM 04/27/07 h0537e1d-seg1-j01
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