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Amendment CaShTmL-322622.HTM
    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. PCS (100320) for SB's 960 and 1010
                        Barcode 322622
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: RCS             .                    
       04/17/2007 06:03 PM         .                    
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 4  ______________________________________________________________
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10  ______________________________________________________________
11  The Committee on Ethics and Elections (Constantine)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Effective July 1, 2008, subsection (1) of
19  section 101.151, Florida Statutes, is amended to read:
20         101.151  Specifications for ballots.--
21         (1)(a)  Marksense ballots shall be printed on paper of
22  such thickness that the printing cannot be distinguished from
23  the back and shall meet the specifications of the voting
24  system that will be used to tabulate the ballots.
25         (b)  Early voting sites may employ a ballot-on-demand
26  production system to print individual marksense ballots,
27  including provisional ballots, for eligible electors pursuant
28  to s. 101.657. Ballot-on-demand technology may be used to
29  produce marksense absentee ballots. Not later than 30 days
30  before an election, the Secretary of State may also authorize
31  in writing the use of ballot-on-demand technology for the
                                  1
    11:52 AM   04/17/07                            s0960d-ee22-r3e

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 production of election-day ballots. 2 Section 2. Effective July 1, 2008, section 101.56075, 3 Florida Statutes, is created to read: 4 101.56075 Voting methods.-- 5 (1) Except as provided in subsection (2), all voting 6 shall be by marksense ballot utilizing a marking device for 7 the purpose of designating ballot selections. 8 (2) Persons with disabilities may vote on a voter 9 interface device that meets the voting system accessibility 10 requirements for individuals with disabilities pursuant to 11 section 301 of the federal Help America Vote Act of 2002 and 12 s. 101.56062. 13 Section 3. Effective July 1, 2008, subsection (5) is 14 added to section 101.5612, Florida Statutes, to read: 15 101.5612 Testing of tabulating equipment.-- 16 (5) Any tests involving marksense ballots pursuant to 17 this section shall employ pre-printed ballots, if pre-printed 18 ballots will be used in the election, and ballot-on-demand 19 ballots, if ballot-on-demand technology will be used to 20 produce ballots in the election, or both. 21 Section 4. Effective July 1, 2008, section 101.591, 22 Florida Statutes, is amended to read: 23 (Substantial rewording of section. See 24 s. 101.591, F.S., for present text.) 25 101.591 Voting system audit.-- 26 (1) Immediately following the certification of each 27 election, the county canvassing board or the local board 28 responsible for certifying the election shall conduct a manual 29 audit of the voting systems used in randomly selected 30 precincts. 31 (2) The audit shall consist of a public manual tally 2 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 of the votes cast in the "President and Vice President" or 2 "Governor and Lieutenant Governor" race that appears at the 3 top of the ballot or, if neither appears, the first race 4 appearing on the ballot pursuant to s. 101.151(2), or, in the 5 case of a purely municipal election, the first municipal race 6 or issue on that ballot. The tally shall include election-day, 7 absentee, early voting, provisional, and overseas ballots, in 8 at least 1 percent but no more than 2 percent of the precincts 9 chosen at random by the county canvassing board or the local 10 board responsible for certifying the election. If 1 percent of 11 the precincts is less than one entire precinct, the audit 12 shall be conducted using at least one precinct chosen at 13 random by the county canvassing board or the local board 14 responsible for certifying the election. Such precincts shall 15 be selected at a publicly-noticed canvassing board meeting. 16 (3) The canvassing board shall post a notice of the 17 audit, including the date, time, and place, in four 18 conspicuous places in the county and on the home page of the 19 county supervisor of elections web site. 20 (4) The audit must be completed and the results made 21 public no later than 11:59 p.m. on the 9th day following 22 certification of the election by the county canvassing board 23 or the local board responsible for certifying the election. 24 (5) Within 15 days after completion of the audit, the 25 county canvassing board or the board responsible for 26 certifying the election shall provide a report with the 27 results of the audit to the Department of State in a standard 28 format as prescribed by the department. The report shall 29 contain, but is not limited to, the following items: 30 (a) The overall accuracy of audit. 31 (b) A description of any problems or discrepancies 3 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 encountered. 2 (c) The likely cause of such problems or 3 discrepancies. 4 (d) Recommended corrective action with respect to 5 avoiding or mitigating such circumstances in future elections. 6 Section 5. Effective upon this act becoming a law, the 7 Department of State shall adopt rules to implement the 8 provisions of s. 101.591, Florida Statutes, as amended by 9 section 4 which prescribe detailed audit procedures for each 10 voting system, which shall be uniform to the extent 11 practicable, along with the standard form for audit reports. 12 Section 6. Effective upon this act becoming a law: 13 (1) Notwithstanding ss. 101.292-101.295 and s. 14 101.5604, Florida Statutes, as a condition of the state 15 purchasing optical scan voting equipment and ballot-on-demand 16 equipment to replace touchscreen equipment as provided in 17 section 7, each recipient county hereby authorizes the 18 Secretary of State to act as its agent to negotiate the 19 purchase of new equipment and the sale, exchange, or other 20 disposition of existing touchscreen voting equipment that is 21 not necessary to conduct voting for individuals with 22 disabilities. Further, each such county hereby designates the 23 Secretary of State as the authorized recipient of all proceeds 24 realized from the sale, exchange, or other disposition of the 25 voting equipment up to and including the state's cost to fund 26 the county's new equipment. The secretary shall deposit the 27 proceeds in the Grants and Donations Trust Fund within 60 days 28 after the sale, exchange, or other disposition. 29 (2) A county commission may choose to opt out of this 30 state funding scheme by filing a notice to that effect with 31 the Department of State no later than June 30, 2007. Any 4 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 county choosing to opt out shall continue to be governed by 2 the provisions of ss. 101.292-101.295 and s. 101.5604, Florida 3 Statutes, with respect to the purchase of new voting systems 4 and equipment. 5 Section 7. Effective July 1, 2007: 6 (1) The Department of State is authorized to purchase: 7 (a) Election-day optical scan voting equipment, for 8 the following counties: Broward, Charlotte, Collier, 9 Hillsborough, Indian River, Lake, Lee, Martin, Miami-Dade, 10 Nassau, Palm Beach, Pasco, Pinellas, Sarasota, and Sumter. 11 (b) Ballot-on-demand equipment for use at early voting 12 sites, including optical scan tabulators, for the following 13 counties: Bay, Brevard, Broward, Charlotte, Clay, Collier, 14 Escambia, Hillsborough, Indian River, Jackson, Lake, Lee, 15 Levy, Marion, Martin, Miami-Dade, Nassau, Okaloosa, Orange, 16 Osceola, Palm Beach, Pasco, Pinellas, Santa Rosa, Sarasota, 17 St. Johns, Sumter, Taylor, and Washington. 18 (2) The sum of $27,861,850 is appropriated from the 19 Grants and Donations Trust Fund to the Division of Elections 20 within the Department of State for the purpose of implementing 21 this section. 22 Section 8. Effective July 1, 2007, subsections (1), 23 (2), (3), and (6) of section 103.101, Florida Statutes, are 24 amended to read: 25 103.101 Presidential preference primary.-- 26 (1) Each political party other than a minor political 27 party shall, on the last second Tuesday in January March in 28 each year the number of which is a multiple of 4, elect one 29 person to be the candidate for nomination of such party for 30 President of the United States or select delegates to the 31 national nominating convention, as provided by party rule. 5 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 (2) There shall be a Presidential Candidate Selection 2 Committee composed of the Secretary of State, who shall be a 3 nonvoting chair; the Speaker of the House of Representatives; 4 the President of the Senate; the minority leader of each house 5 of the Legislature; and the chair of each political party 6 required to have a presidential preference primary under this 7 section. 8 (a) By October December 31 of the year preceding the 9 Florida presidential preference primary, each political party 10 shall submit to the Secretary of State a list of its 11 presidential candidates to be placed on the presidential 12 preference primary ballot or candidates entitled to have 13 delegates appear on the presidential preference primary 14 ballot. The Secretary of State shall prepare and publish a 15 list of the names of the presidential candidates submitted. 16 The Secretary of State shall submit such list of names of 17 presidential candidates to the selection committee on the 18 first Tuesday after the first Monday in November of the 19 January each year preceding the a presidential preference 20 primary election is held. Each person designated as a 21 presidential candidate shall have his or her name appear, or 22 have his or her delegates' names appear, on the presidential 23 preference primary ballot unless all committee members of the 24 same political party as the candidate agree to delete such 25 candidate's name from the ballot. The selection committee 26 shall meet in Tallahassee on the first Tuesday after the first 27 Monday in November of the January each year preceding the a 28 presidential preference primary is held. The selection 29 committee shall publicly announce and submit to the Department 30 of State no later than 5 p.m. on the following day the names 31 of presidential candidates who shall have their names appear, 6 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 or who are entitled to have their delegates' names appear, on 2 the presidential preference primary ballot. The Department of 3 State shall immediately notify each presidential candidate 4 designated by the committee. Such notification shall be in 5 writing, by registered mail, with return receipt requested. 6 (b) Any presidential candidate whose name does not 7 appear on the list submitted to the Secretary of State may 8 request that the selection committee place his or her name on 9 the ballot. Such request shall be made in writing to the 10 Secretary of State no later than the second Tuesday after the 11 first Monday in November of the year preceding the 12 presidential preference primary January. 13 (c) If a presidential candidate makes a request that 14 the selection committee reconsider placing the candidate's 15 name on the ballot, the selection committee will reconvene no 16 later than the second Thursday after the first Monday in 17 November of the year preceding the presidential preference 18 primary January to reconsider placing the candidate's name on 19 the ballot. The Department of State shall immediately notify 20 such candidate of the selection committee's decision. 21 (3) A candidate's name shall be printed on the 22 presidential preference primary ballot unless the candidate 23 submits to the Department of State, prior to the second 24 Tuesday after the first Monday in November of the year 25 preceding the presidential preference primary January, an 26 affidavit stating that he or she is not now, and does not 27 presently intend to become, a candidate for President at the 28 upcoming nominating convention. If a candidate withdraws 29 pursuant to this subsection, the Department of State shall 30 notify the state executive committee that the candidate's name 31 will not be placed on the ballot. The Department of State 7 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 shall, no later than the third Tuesday after the first Monday 2 in November of the year preceding the presidential preference 3 primary January, certify to each supervisor of elections the 4 name of each candidate for political party nomination to be 5 printed on the ballot. 6 (6) Delegates must qualify no later than the second 7 Friday in November of the year preceding the presidential 8 preference primary January in the manner provided by party 9 rule. 10 Section 9. Effective July 1, 2007, subsection (3) is 11 added to section 101.75, Florida Statutes, to read: 12 101.75 Municipal elections; change of dates for 13 cause.-- 14 (3) Notwithstanding any provision of local law, for 15 any municipality whose election is scheduled to be held in 16 March 2008, the governing body of the municipality, 17 notwithstanding any municipal charter provision, may, by 18 ordinance, move the date of the general municipal election in 19 2008 and in each subsequent year that is a multiple of 4 to 20 the date concurrent with the presidential preference primary. 21 The dates for qualifying for the general municipal election 22 moved by the passage of such an ordinance shall be 23 specifically provided for in the ordinance and shall run for 24 no less than 14 days. The term of office for any elected 25 municipal official shall commence as provided by the relevant 26 municipal charter, and the term of office for any elected 27 municipal official whose term was due to expire in March 2008 28 shall expire as provided by the relevant municipal charter. 29 Section 10. Subsections (6) and (7) of section 97.053, 30 Florida Statutes, are amended to read: 31 97.053 Acceptance of voter registration 8 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 applications.-- 2 (6) A voter registration application may be accepted 3 as valid only after the department has verified the 4 authenticity or nonexistence of the driver's license number, 5 the Florida identification card number, or the last four 6 digits of the social security number provided by the 7 applicant. If a completed voter registration application has 8 been received by the book-closing deadline but the driver's 9 license number, the Florida identification card number, or the 10 last four digits of the social security number provided by the 11 applicant cannot be verified, the applicant shall be notified 12 that the application is incomplete and that the voter must 13 provide evidence to the supervisor sufficient to verify the 14 authenticity of the number provided on the application. If the 15 voter provides the necessary evidence, the supervisor shall 16 place the voter's name on the registration rolls as an active 17 voter. If the voter has not provided the necessary evidence or 18 the number has not otherwise been verified prior to the 19 applicant presenting himself or herself to vote, the applicant 20 shall be provided a provisional ballot. The provisional ballot 21 shall be counted only if the application is verified by the 22 end of the canvassing period or if the applicant presents 23 evidence to the supervisor of elections sufficient to verify 24 the authenticity of the driver's license number, Florida 25 identification card number, or last four digits of the social 26 security number provided on the application no later than 5 27 p.m. of the second third day following the election. 28 (7) All voter registration applications received by a 29 voter registration official shall be entered into the 30 statewide voter registration system within 13 15 days after 31 receipt. Once entered, the application shall be immediately 9 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 forwarded to the appropriate supervisor of elections. 2 Section 11. Paragraph (a) of subsection (1) of section 3 99.021, Florida Statutes, is amended to read: 4 99.021 Form of candidate oath.-- 5 (1)(a)1. Each candidate, whether a party candidate, a 6 candidate with no party affiliation, or a write-in candidate, 7 in order to qualify for nomination or election to any office 8 other than a judicial office as defined in chapter 105 or a 9 federal office, shall take and subscribe to an oath or 10 affirmation in writing. A printed copy of the oath or 11 affirmation shall be furnished to the candidate by the officer 12 before whom such candidate seeks to qualify and shall be 13 substantially in the following form: 14 15 State of Florida 16 County of.... 17 Before me, an officer authorized to administer oaths, 18 personally appeared ...(please print name as you wish it to 19 appear on the ballot)..., to me well known, who, being sworn, 20 says that he or she is a candidate for the office of ....; 21 that he or she is a qualified elector of .... County, Florida; 22 that he or she is qualified under the Constitution and the 23 laws of Florida to hold the office to which he or she desires 24 to be nominated or elected; that he or she has taken the oath 25 required by ss. 876.05-876.10, Florida Statutes; that he or 26 she has qualified for no other public office in the state, the 27 term of which office or any part thereof runs concurrent with 28 that of the office he or she seeks; and that he or she has 29 resigned from any office from which he or she is required to 30 resign pursuant to s. 99.012, Florida Statutes. 31 ...(Signature of candidate)... 10 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 ...(Address)... 2 3 Sworn to and subscribed before me this .... day of ...., 4 ...(year)..., at .... County, Florida. 5 ...(Signature and title of officer administering oath)... 6 7 2. Each candidate for federal office, whether a party 8 candidate, a candidate with no party affiliation, or a 9 write-in candidate, in order to qualify for nomination or 10 election to office shall take and subscribe to an oath or 11 affirmation in writing. A printed copy of the oath or 12 affirmation shall be furnished to the candidate by the officer 13 before whom such candidate seeks to qualify and shall be 14 substantially in the following form: 15 16 State of Florida 17 County of __________ 18 Before me, an officer authorized to administer oaths, 19 personally appeared (please print name as you wish it to 20 appear on the ballot), to me well known, who, being sworn, 21 says that he or she is a candidate for the office of 22 __________; that he or she is qualified under the Constitution 23 and laws of the United States to hold the office to which he 24 or she desires to be nominated or elected; that he or she has 25 qualified for no other public office in the state, the term of 26 which office or any part thereof runs concurrent with that of 27 the office he or she seeks; and that he or she has resigned 28 from any office from which he or she is required to resign 29 pursuant to s. 99.012, Florida Statutes. 30 __(Signature of candidate) __ 31 (Address) 11 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 2 Sworn to and subscribed before me this _____ day of ______ 3 (year), at _____ County, Florida. 4 ...(Signature and title of officer administering oath)... 5 Section 12. Section 99.061, Florida Statutes, is 6 amended to read: 7 99.061 Method of qualifying for nomination or election 8 to federal, state, county, or district office.-- 9 (1) The provisions of any special act to the contrary 10 notwithstanding, each person seeking to qualify for nomination 11 or election to a federal, state, or multicounty district 12 office, other than election to a judicial office as defined in 13 chapter 105 or the office of school board member, shall file 14 his or her qualification papers with, and pay the qualifying 15 fee, which shall consist of the filing fee and election 16 assessment, and party assessment, if any has been levied, to, 17 the Department of State, or qualify by the petition process 18 pursuant to s. 99.095 with the Department of State, at any 19 time after noon of the 1st day for qualifying, which shall be 20 as follows: the 120th day prior to the primary election, but 21 not later than noon of the 116th day prior to the date of the 22 primary election, for persons seeking to qualify for 23 nomination or election to federal office or to the office of 24 the state attorney or the public defender; and noon of the 25 71st 50th day prior to the primary election, but not later 26 than noon of the 67th 46th day prior to the date of the 27 primary election, for persons seeking to qualify for 28 nomination or election to a state or multicounty district 29 office, other than the office of the state attorney or the 30 public defender. 31 (2) The provisions of any special act to the contrary 12 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 notwithstanding, each person seeking to qualify for nomination 2 or election to a county office, or district or special 3 district office not covered by subsection (1), shall file his 4 or her qualification papers with, and pay the qualifying fee, 5 which shall consist of the filing fee and election assessment, 6 and party assessment, if any has been levied, to, the 7 supervisor of elections of the county, or shall qualify by the 8 petition process pursuant to s. 99.095 with the supervisor of 9 elections, at any time after noon of the 1st day for 10 qualifying, which shall be the 71st 50th day prior to the 11 primary election or special district election, but not later 12 than noon of the 67th 46th day prior to the date of the 13 primary election or special district election. However, if a 14 special district election is held at the same time as the 15 general election, qualifying shall be the 50th day prior to 16 the primary election, but not later than noon of the 46th day 17 prior to the date of the primary election. Within 30 days 18 after the closing of qualifying time, the supervisor of 19 elections shall remit to the secretary of the state executive 20 committee of the political party to which the candidate 21 belongs the amount of the filing fee, two-thirds of which 22 shall be used to promote the candidacy of candidates for 23 county offices and the candidacy of members of the 24 Legislature. 25 (3) Notwithstanding the provisions of any special act 26 to the contrary, each person seeking to qualify for election 27 to a special district office shall qualify between noon of the 28 71st day prior to the primary election and noon of the 67th 29 day prior to the date of the primary election. Candidates for 30 single county special districts shall qualify with the 31 supervisor of elections in the county in which the district is 13 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 located. If the district is a multicounty district, candidates 2 shall qualify with the Department of State. All special 3 district candidates shall qualify by paying a filing fee of 4 $25 or qualify by the petition process pursuant to s. 99.095. 5 Notwithstanding s. 106.021, a candidate who does not collect 6 contributions and whose only expense is the filing fee or 7 signature verification fee is not required to appoint a 8 campaign treasurer or designate a primary campaign depository. 9 (4)(3)(a) Each person seeking to qualify for election 10 to office as a write-in candidate shall file his or her 11 qualification papers with the respective qualifying officer at 12 any time after noon of the 1st day for qualifying, but not 13 later than noon of the last day of the qualifying period for 14 the office sought. 15 (b) Any person who is seeking election as a write-in 16 candidate shall not be required to pay a filing fee, election 17 assessment, or party assessment. A write-in candidate is shall 18 not be entitled to have his or her name printed on any ballot; 19 however, space for the write-in candidate's name to be written 20 in must shall be provided on the general election ballot. A No 21 person may not qualify as a write-in candidate if the person 22 has also otherwise qualified for nomination or election to 23 such office. 24 (5)(4) At the time of qualifying for office, each 25 candidate for a constitutional office shall file a full and 26 public disclosure of financial interests pursuant to s. 8, 27 Art. II of the State Constitution, and a candidate for any 28 other office, including local elective office, shall file a 29 statement of financial interests pursuant to s. 112.3145. 30 (6)(5) The Department of State shall certify to the 31 supervisor of elections, within 7 days after the closing date 14 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 for qualifying, the names of all duly qualified candidates for 2 nomination or election who have qualified with the Department 3 of State. 4 (6) Notwithstanding the qualifying period prescribed 5 in this section, if a candidate has submitted the necessary 6 petitions by the required deadline in order to qualify by the 7 petition process pursuant to s. 99.095 as a candidate for 8 nomination or election and the candidate is notified after the 9 5th day prior to the last day for qualifying that the required 10 number of signatures has been obtained, the candidate is 11 entitled to subscribe to the candidate's oath and file the 12 qualifying papers at any time within 5 days from the date the 13 candidate is notified that the necessary number of signatures 14 has been obtained. Any candidate who qualifies within the time 15 prescribed in this subsection is entitled to have his or her 16 name printed on the ballot. 17 (7)(a) In order for a candidate to be qualified, the 18 following items must be received by the filing officer by the 19 end of the qualifying period: 20 1. A properly executed check drawn upon the 21 candidate's campaign account in an amount not less than the 22 fee required by s. 99.092 or, in lieu thereof, as applicable, 23 the copy of the notice of obtaining ballot position pursuant 24 to s. 99.095. The filing fee for a special district candidate 25 is not required to be drawn upon the candidate's campaign 26 account. If a candidate's check is returned by the bank for 27 any reason, the filing officer shall immediately notify the 28 candidate and the candidate shall, the end of qualifying 29 notwithstanding, have 48 hours from the time such notification 30 is received, excluding Saturdays, Sundays, and legal holidays, 31 to pay the fee with a cashier's check purchased from funds of 15 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 the campaign account. Failure to pay the fee as provided in 2 this subparagraph shall disqualify the candidate. 3 2. The candidate's oath required by s. 99.021, which 4 must contain the name of the candidate as it is to appear on 5 the ballot; the office sought, including the district or group 6 number if applicable; and the signature of the candidate, duly 7 acknowledged. 8 3. The loyalty oath required by s. 876.05, signed by 9 the candidate and duly acknowledged. 10 4. If the office sought is partisan, the written 11 statement of political party affiliation required by s. 12 99.021(1)(b). 13 5. The completed form for the appointment of campaign 14 treasurer and designation of campaign depository, as required 15 by s. 106.021. 16 6. The full and public disclosure or statement of 17 financial interests required by subsection (5) (4). A public 18 officer who has filed the full and public disclosure or 19 statement of financial interests with the Commission on Ethics 20 or the supervisor of elections prior to qualifying for office 21 may file a copy of that disclosure at the time of qualifying. 22 (b) If the filing officer receives qualifying papers 23 that do not include all items as required by paragraph (a) 24 prior to the last day of qualifying, the filing officer shall 25 make a reasonable effort to notify the candidate of the 26 missing or incomplete items and shall inform the candidate 27 that all required items must be received by the close of 28 qualifying. A candidate's name as it is to appear on the 29 ballot may not be changed after the end of qualifying. 30 (8) Notwithstanding the qualifying period prescribed 31 in this section, a qualifying office may accept and hold 16 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 qualifying papers submitted not earlier than 14 days prior to 2 the beginning of the qualifying period, to be processed and 3 filed during the qualifying period. 4 (9) Notwithstanding the qualifying period prescribed 5 by this section, in each year in which the Legislature 6 apportions the state, the qualifying period for persons 7 seeking to qualify for nomination or election to federal 8 office shall be between noon of the 71st 57th day prior to the 9 primary election, but not later than noon of the 67th 53rd day 10 prior to the primary election. 11 (10) The Department of State may prescribe by rule 12 requirements for filing papers to qualify as a candidate under 13 this section. 14 Section 13. Subsections (2) and (4) of section 99.095, 15 Florida Statutes, are amended to read: 16 99.095 Petition process in lieu of a qualifying fee 17 and party assessment.-- 18 (2)(a) Except as provided in paragraph (b), a 19 candidate must shall obtain the number of signatures of voters 20 in the geographical area represented by the office sought 21 equal to at least 1 percent of the total number of registered 22 voters of that geographical area, as shown by the compilation 23 by the department for the immediately last preceding general 24 election. Signatures may not be obtained until the candidate 25 has filed the appointment of campaign treasurer and 26 designation of campaign depository pursuant to s. 106.021. 27 (b) A candidate for a special district office shall 28 obtain 25 signatures of voters in the geographical area 29 represented by the office sought. 30 (c)(b) The format of the petition shall be prescribed 31 by the division and shall be used by candidates to reproduce 17 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 petitions for circulation. If the candidate is running for an 2 office that requires a group or district designation, the 3 petition must indicate that designation and, if it does not, 4 the signatures are not valid. A separate petition is required 5 for each candidate. 6 (4)(a) Certifications for candidates for federal, 7 state, or multicounty district, or multicounty special 8 district office shall be submitted to the division no later 9 than the 7th day before the first day of the qualifying period 10 for the office sought. The division shall determine whether 11 the required number of signatures has been obtained and shall 12 notify the candidate. 13 (b) For candidates for county, or district, or special 14 district office not covered by paragraph (a), the supervisor 15 shall determine whether the required number of signatures has 16 been obtained and shall notify the candidate. 17 Section 14. Section 99.096, Florida Statutes, is 18 amended to read: 19 99.096 Minor political party candidates; names on 20 ballot.-- 21 (1) No later than noon of the third day prior to the 22 first day of the qualifying period prescribed for federal 23 candidates, the executive committee of a minor political party 24 shall submit to the Department of State a list of federal 25 candidates nominated by the party to be on the general 26 election ballot. No later than noon of the third day prior to 27 the first day of the qualifying period for state candidates, 28 the executive committee of a minor political party shall 29 submit to the filing officer for each of the candidates the 30 official list of the state, multicounty, and county candidates 31 nominated by that party to be on the ballot in the general 18 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 election. The official list of nominated candidates may not be 2 changed by the party after having been filed with the filing 3 officers, except that vacancies in nominations may be filled 4 pursuant to s. 100.111. 5 (2) Each person seeking to qualify for election as a 6 candidate of a minor political party shall file his or her 7 qualifying papers with, and pay the qualifying fee and, if one 8 has been levied, the party assessment, or qualify by the 9 petition process pursuant to s. 99.095, with the officer and 10 at the times and under the circumstances provided in s. 11 99.061. 12 Section 15. Section 99.0965, Florida Statutes, is 13 repealed. 14 Section 16. Paragraph (a) of subsection (2) of section 15 100.041, Florida Statutes, is amended to read: 16 100.041 Officers chosen at general election.-- 17 (2)(a) Each county commissioner from an odd-numbered 18 district shall be elected at the general election in each year 19 the number of which is a multiple of 4, for a 4-year term 20 commencing on the second Tuesday following such election, and 21 each county commissioner from an even-numbered district shall 22 be elected at the general election in each even-numbered year 23 the number of which is not a multiple of 4, for a 4-year term 24 commencing on the second Tuesday following such election. A 25 county commissioner is "elected" for purposes of this 26 paragraph on the date that the county canvassing board 27 certifies the results of the election pursuant to s. 102.151. 28 Section 17. Section 100.061, Florida Statutes, is 29 amended to read: 30 100.061 Primary election.--In each year in which a 31 general election is held, a primary election for nomination of 19 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 candidates of political parties shall be held on the Tuesday 2 10 9 weeks prior to the general election. The candidate 3 receiving the highest number of votes cast in each contest in 4 the primary election shall be declared nominated for such 5 office. If two or more candidates receive an equal and highest 6 number of votes for the same office, such candidates shall 7 draw lots to determine which candidate is nominated. 8 Section 18. Section 100.191, Florida Statutes, is 9 amended to read: 10 100.191 General election laws applicable to special 11 elections; returns.--All laws that are applicable to general 12 elections are applicable to special elections or special 13 primary elections to fill a vacancy in office or nomination, 14 except that the canvass of returns by the county canvassing 15 board of each county in which a special election is held shall 16 be made on the day following the election, and the certificate 17 of the result of the canvass shall be immediately forwarded to 18 the Department of State. The Elections Canvassing Commission 19 shall immediately, upon receipt of returns from the county in 20 which a special election is held, proceed to canvass the 21 returns and determine and declare the result thereof. 22 Section 19. Subsection (1) of section 101.043, Florida 23 Statutes, is amended to read: 24 101.043 Identification required at polls.-- 25 (1) The precinct register, as prescribed in s. 98.461, 26 shall be used at the polls for the purpose of identifying the 27 elector at the polls prior to allowing him or her to vote. The 28 clerk or inspector shall require each elector, upon entering 29 the polling place, to present one of the following current and 30 valid picture identifications: 31 (a) Florida driver's license. 20 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 (b) Florida identification card issued by the 2 Department of Highway Safety and Motor Vehicles. 3 (c) United States passport. 4 (d) Employee badge or identification. 5 (e) Buyer's club identification. 6 (f) Debit or credit card. 7 (d)(g) Military identification. 8 (h) Student identification. 9 (i) Retirement center identification. 10 (j) Neighborhood association identification. 11 (e)(k) Public assistance identification. 12 13 If the picture identification does not contain the signature 14 of the voter, an additional identification that provides the 15 voter's signature shall be required. The elector shall sign 16 his or her name in the space provided on the precinct register 17 or on an electronic device provided for recording the voter's 18 signature. The clerk or inspector shall compare the signature 19 with that on the identification provided by the elector and 20 enter his or her initials in the space provided on the 21 precinct register or on an electronic device provided for that 22 purpose and allow the elector to vote if the clerk or 23 inspector is satisfied as to the identity of the elector. 24 Section 20. Subsection (1) of section 101.048, Florida 25 Statutes, is amended to read: 26 101.048 Provisional ballots.-- 27 (1) At all elections, a voter claiming to be properly 28 registered in the state and eligible to vote at the precinct 29 in the election but whose eligibility cannot be determined, a 30 person whom an election official asserts is not eligible, and 31 other persons specified in the code shall be entitled to vote 21 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 a provisional ballot. Once voted, the provisional ballot shall 2 be placed in a secrecy envelope and thereafter sealed in a 3 provisional ballot envelope. The provisional ballot shall be 4 deposited in a ballot box. All provisional ballots shall 5 remain sealed in their envelopes for return to the supervisor 6 of elections. The department shall prescribe the form of the 7 provisional ballot envelope. A person casting a provisional 8 ballot shall have the right to present written evidence 9 supporting his or her eligibility to vote to the supervisor of 10 elections by not later than 5 p.m. on the second third day 11 following the election. 12 Section 21. Subsections (6) and (8) of section 13 101.6103, Florida Statutes, are amended to read: 14 101.6103 Mail ballot election procedure.-- 15 (6) The canvassing board may begin the canvassing of 16 mail ballots at 7 a.m. on the sixth fourth day before the 17 election, including processing the ballots through the 18 tabulating equipment. However, results may not be released 19 until after 7 p.m. on election day. Any canvassing board 20 member or election employee who releases any result before 7 21 p.m. on election day commits a felony of the third degree, 22 punishable as provided in s. 775.082, s. 775.083, or s. 23 775.084. 24 (8) Effective July 1, 2005, A ballot that otherwise 25 satisfies the requirements of subsection (5) shall be counted 26 even if the elector dies after mailing the ballot but before 27 election day, as long as, prior to the death of the voter, the 28 ballot was: 29 (a) Postmarked by the United States Postal Service; 30 (b) Date-stamped with a verifiable tracking number by 31 common carrier; or 22 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 (c) Already in the possession of the supervisor of 2 elections. 3 Section 22. Effective July 1, 2007, subsections (1) 4 and (4) of section 101.62, Florida Statutes, are amended to 5 read: 6 101.62 Request for absentee ballots.-- 7 (1)(a) The supervisor may accept a request for an 8 absentee ballot from an elector in person or in writing. 9 Except as provided in s. 101.694, one request shall be deemed 10 sufficient to receive an absentee ballot for all elections 11 through the next two regularly scheduled general elections 12 which are held within a calendar year, unless the elector or 13 the elector's designee indicates at the time the request is 14 made the elections for which the elector desires to receive an 15 absentee ballot. Such request may be considered canceled when 16 any first-class mail sent by the supervisor to the elector is 17 returned as undeliverable. 18 (b) The supervisor may accept a written or telephonic 19 request for an absentee ballot from the elector, or, if 20 directly instructed by the elector, a member of the elector's 21 immediate family, or the elector's legal guardian. For 22 purposes of this section, the term "immediate family" has the 23 same meaning as specified in paragraph (4)(b). The person 24 making the request must disclose: 25 1. The name of the elector for whom the ballot is 26 requested; 27 2. The elector's address; 28 3. The elector's date of birth; 29 4. The requester's name; 30 5. The requester's address; 31 6. The requester's driver's license number, if 23 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 available; 2 7. The requester's relationship to the elector; and 3 8. The requester's signature (written requests only). 4 (4)(a) To each absent qualified elector overseas who 5 has requested an absentee ballot, the supervisor of elections 6 shall mail an absentee ballot not less fewer than 35 days 7 before the primary election and not less than 45 days before 8 the or general election. 9 (b) The supervisor shall provide an absentee ballot to 10 each elector by whom a request for that ballot has been made 11 by one of the following means: 12 1. By nonforwardable, return-if-undeliverable mail to 13 the elector's current mailing address on file with the 14 supervisor, unless the elector specifies in the request that: 15 a. The elector is absent from the county and does not 16 plan to return before the day of the election; 17 b. The elector is temporarily unable to occupy the 18 residence because of hurricane, tornado, flood, fire, or other 19 emergency or natural disaster; or 20 c. The elector is in a hospital, assisted-living 21 facility, nursing home, short-term medical or rehabilitation 22 facility, or correctional facility, 23 24 in which case the supervisor shall mail the ballot by 25 nonforwardable, return-if-undeliverable mail to any other 26 address the elector specifies in the request. 27 2. By forwardable mail to voters who are entitled to 28 vote by absentee ballot under the Uniformed and Overseas 29 Citizens Absentee Voting Act. 30 3. By personal delivery before 7 p.m. on election day 31 to the elector, upon presentation of the identification 24 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 required in s. 101.043 s. 101.657. 2 4. By delivery to a designee on election day or up to 3 5 4 days prior to the day of an election. Any elector may 4 designate in writing a person to pick up the ballot for the 5 elector; however, the person designated may not pick up more 6 than two absentee ballots per election, other than the 7 designee's own ballot, except that additional ballots may be 8 picked up for members of the designee's immediate family. For 9 purposes of this section, "immediate family" means the 10 designee's spouse or the parent, child, grandparent, or 11 sibling of the designee or of the designee's spouse. The 12 designee shall provide to the supervisor the written 13 authorization by the elector and a picture identification of 14 the designee and must complete an affidavit. The designee 15 shall state in the affidavit that the designee is authorized 16 by the elector to pick up that ballot and shall indicate if 17 the elector is a member of the designee's immediate family 18 and, if so, the relationship. The department shall prescribe 19 the form of the affidavit. If the supervisor is satisfied that 20 the designee is authorized to pick up the ballot and that the 21 signature of the elector on the written authorization matches 22 the signature of the elector on file, the supervisor shall 23 give the ballot to that designee for delivery to the elector. 24 Section 23. Subsection (2) of section 101.68, Florida 25 Statutes, is amended to read: 26 101.68 Canvassing of absentee ballot.-- 27 (2)(a) The county canvassing board may begin the 28 canvassing of absentee ballots at 7 a.m. on the sixth fourth 29 day before the election, but not later than noon on the day 30 following the election. In addition, for any county using 31 electronic tabulating equipment, the processing of absentee 25 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 ballots through such tabulating equipment may begin at 7 a.m. 2 on the sixth fourth day before the election. However, 3 notwithstanding any such authorization to begin canvassing or 4 otherwise processing absentee ballots early, no result shall 5 be released until after the closing of the polls in that 6 county on election day. Any supervisor of elections, deputy 7 supervisor of elections, canvassing board member, election 8 board member, or election employee who releases the results of 9 a canvassing or processing of absentee ballots prior to the 10 closing of the polls in that county on election day commits a 11 felony of the third degree, punishable as provided in s. 12 775.082, s. 775.083, or s. 775.084. 13 (b) To ensure that all absentee ballots to be counted 14 by the canvassing board are accounted for, the canvassing 15 board shall compare the number of ballots in its possession 16 with the number of requests for ballots received to be counted 17 according to the supervisor's file or list. 18 (c)1. The canvassing board shall, if the supervisor 19 has not already done so, compare the signature of the elector 20 on the voter's certificate with the signature of the elector 21 in the registration books to see that the elector is duly 22 registered in the county and to determine the legality of that 23 absentee ballot. Effective July 1, 2005, The ballot of an 24 elector who casts an absentee ballot shall be counted even if 25 the elector dies on or before election day, as long as, prior 26 to the death of the voter, the ballot was postmarked by the 27 United States Postal Service, date-stamped with a verifiable 28 tracking number by common carrier, or already in the 29 possession of the supervisor of elections. An absentee ballot 30 shall be considered illegal if it does not include the 31 signature of the elector, as shown by the registration 26 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 records. However, an absentee ballot shall not be considered 2 illegal if the signature of the elector does not cross the 3 seal of the mailing envelope. If the canvassing board 4 determines that any ballot is illegal, a member of the board 5 shall, without opening the envelope, mark across the face of 6 the envelope: "rejected as illegal." The envelope and the 7 ballot contained therein shall be preserved in the manner that 8 official ballots voted are preserved. 9 2. If any elector or candidate present believes that 10 an absentee ballot is illegal due to a defect apparent on the 11 voter's certificate, he or she may, at any time before the 12 ballot is removed from the envelope, file with the canvassing 13 board a protest against the canvass of that ballot, specifying 14 the precinct, the ballot, and the reason he or she believes 15 the ballot to be illegal. A challenge based upon a defect in 16 the voter's certificate may not be accepted after the ballot 17 has been removed from the mailing envelope. 18 (d) The canvassing board shall record the ballot upon 19 the proper record, unless the ballot has been previously 20 recorded by the supervisor. The mailing envelopes shall be 21 opened and the secrecy envelopes shall be mixed so as to make 22 it impossible to determine which secrecy envelope came out of 23 which signed mailing envelope; however, in any county in which 24 an electronic or electromechanical voting system is used, the 25 ballots may be sorted by ballot styles and the mailing 26 envelopes may be opened and the secrecy envelopes mixed 27 separately for each ballot style. The votes on absentee 28 ballots shall be included in the total vote of the county. 29 Section 24. Subsection (2) of section 102.112, Florida 30 Statutes, is amended to read: 31 102.112 Deadline for submission of county returns to 27 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 the Department of State.-- 2 (2) Returns must be filed by 5 p.m. on the 7th day 3 following a primary election and by noon 5 p.m. on the 12th 4 11th day following the general election. However, the 5 Department of State may correct typographical errors, 6 including the transposition of numbers, in any returns 7 submitted to the Department of State pursuant to s. 8 102.111(1). 9 Section 25. Present subsections (4) through (9) of 10 section 102.141, Florida Statutes, are renumbered as 11 subsections (5) through (10), respectively, present 12 subsections (4) and (6) of that section are amended, and a new 13 subsection (4) is added to that section to read: 14 102.141 County canvassing board; duties.-- 15 (4) The canvassing board shall submit by 11:59 p.m. on 16 election night the preliminary returns it has received to the 17 Department of State in a format provided by the department. 18 (5)(4) The canvassing board shall submit on forms or 19 in formats provided by the division unofficial returns to the 20 Department of State for each federal, statewide, state, or 21 multicounty office or ballot measure no later than noon on the 22 third day after any primary election and no later than noon on 23 the fourth fifth day after any general or other election. Such 24 returns shall include the canvass of all ballots as required 25 by subsection (2), except for provisional ballots, which 26 returns shall be reported at the time required for official 27 returns pursuant to s. 102.112(2). 28 (7)(6) If the unofficial returns reflect that a 29 candidate for any office was defeated or eliminated by 30 one-half of a percent or less of the votes cast for such 31 office, that a candidate for retention to a judicial office 28 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 was retained or not retained by one-half of a percent or less 2 of the votes cast on the question of retention, or that a 3 measure appearing on the ballot was approved or rejected by 4 one-half of a percent or less of the votes cast on such 5 measure, the board responsible for certifying the results of 6 the vote on such race or measure shall order a recount of the 7 votes cast with respect to such office or measure. The 8 Elections Canvassing Commission is the board responsible for 9 ordering federal, state, and multicounty recounts. A recount 10 need not be ordered with respect to the returns for any 11 office, however, if the candidate or candidates defeated or 12 eliminated from contention for such office by one-half of a 13 percent or less of the votes cast for such office request in 14 writing that a recount not be made. 15 (a) Each canvassing board responsible for conducting a 16 recount shall put each marksense ballot through automatic 17 tabulating equipment and determine whether the returns 18 correctly reflect the votes cast. If any marksense ballot is 19 physically damaged so that it cannot be properly counted by 20 the automatic tabulating equipment during the recount, a true 21 duplicate shall be made of the damaged ballot pursuant to the 22 procedures in s. 101.5614(5). Immediately before the start of 23 the recount, a test of the tabulating equipment shall be 24 conducted as provided in s. 101.5612. If the test indicates no 25 error, the recount tabulation of the ballots cast shall be 26 presumed correct and such votes shall be canvassed 27 accordingly. If an error is detected, the cause therefor shall 28 be ascertained and corrected and the recount repeated, as 29 necessary. The canvassing board shall immediately report the 30 error, along with the cause of the error and the corrective 31 measures being taken, to the Department of State. No later 29 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 than 11 days after the election, the canvassing board shall 2 file a separate incident report with the Department of State, 3 detailing the resolution of the matter and identifying any 4 measures that will avoid a future recurrence of the error. 5 (b) Each canvassing board responsible for conducting a 6 recount where touchscreen ballots were used shall examine the 7 counters on the precinct tabulators to ensure that the total 8 of the returns on the precinct tabulators equals the overall 9 election return. If there is a discrepancy between the overall 10 election return and the counters of the precinct tabulators, 11 the counters of the precinct tabulators shall be presumed 12 correct and such votes shall be canvassed accordingly. 13 (c) The canvassing board shall submit on forms or in 14 formats provided by the division a second set of unofficial 15 returns to the Department of State for each federal, 16 statewide, state, or multicounty office or ballot measure no 17 later than 3 p.m. on the fifth day after any primary election 18 and no later than 3 p.m. on the ninth eighth day after any 19 general election in which a recount was conducted pursuant to 20 this subsection. If the canvassing board is unable to complete 21 the recount prescribed in this subsection by the deadline, the 22 second set of unofficial returns submitted by the canvassing 23 board shall be identical to the initial unofficial returns and 24 the submission shall also include a detailed explanation of 25 why it was unable to timely complete the recount. However, the 26 canvassing board shall complete the recount prescribed in this 27 subsection, along with any manual recount prescribed in s. 28 102.166, and certify election returns in accordance with the 29 requirements of this chapter. 30 (d) The Department of State shall adopt detailed rules 31 prescribing additional recount procedures for each certified 30 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 voting system, which shall be uniform to the extent 2 practicable. 3 Section 26. Paragraph (b) of subsection (5) of section 4 102.166, Florida Statutes, is amended to read: 5 102.166 Manual recounts.-- 6 (5) Procedures for a manual recount are as follows: 7 (b) Each duplicate ballot prepared pursuant to s. 8 101.5614(5) or s. 102.141(7) s. 102.141(6) shall be compared 9 with the original ballot to ensure the correctness of the 10 duplicate. 11 Section 27. Subsection (3) is added to section 12 103.081, Florida Statutes, to read: 13 103.081 Use of party name; political advertising.-- 14 (3) A political party may file with the Department of 15 State names of groups or committees associated with the 16 political party. Such filed names may not be used without 17 first obtaining the written permission of the chair of the 18 state executive committee of the party. 19 Section 28. Subsections (1) and (4) and paragraph (b) 20 of subsection (6) of section 103.091, Florida Statutes, are 21 amended to read: 22 103.091 Political parties.-- 23 (1) Each political party of the state shall be 24 represented by a state executive committee. County executive 25 committees and other committees may be established in 26 accordance with the rules of the state executive committee. A 27 political party may provide for the selection of its national 28 committee and its state and county executive committees in 29 such manner as it deems proper. Unless otherwise provided by 30 party rule, the county executive committee of each political 31 party shall consist of at least two members, a man and a 31 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 woman, from each precinct, who shall be called the precinct 2 committeeman and committeewoman. For counties divided into 40 3 or more precincts, the state executive committee may adopt a 4 district unit of representation for such county executive 5 committees. Upon adoption of a district unit of 6 representation, the state executive committee shall request 7 the supervisor of elections of that county, with approval of 8 the board of county commissioners, to provide for election 9 districts as nearly equal in number of registered voters as 10 possible. Each county committeeman or committeewoman shall be 11 a resident of the precinct from which he or she is elected. 12 Each state committeeman or committeewoman must be a member in 13 good standing of the county executive committee for the county 14 in which the state committeeman or committeewoman is a 15 registered voter. 16 (4) Any political party other than a minor political 17 party may by rule provide for the membership of its state or 18 county executive committee to be elected for 4-year terms at 19 the primary election in each year a presidential election is 20 held. The terms shall commence on the first day of the month 21 following each presidential general election; but the names of 22 candidates for political party offices shall not be placed on 23 the ballot at any other election. The results of such election 24 shall be determined by a plurality of the votes cast. In such 25 event, electors seeking to qualify for such office shall do so 26 with the Department of State or supervisor of elections not 27 earlier than noon of the 71st 57th day, or later than noon of 28 the 67th 53rd day, preceding the primary election. The 29 outgoing chair of each county executive committee shall, 30 within 30 days after the committee members take office, hold 31 an organizational meeting of all newly elected members for the 32 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 purpose of electing officers. The chair of each state 2 executive committee shall, within 60 days after the committee 3 members take office, hold an organizational meeting of all 4 newly elected members for the purpose of electing officers. 5 (6) 6 (b) Each state executive committee shall include, as 7 at-large committeemen and committeewomen, all members of the 8 United States Congress representing the State of Florida who 9 are members of the political party, all statewide elected 10 officials who are members of the party, 10 Florida registered 11 voters who are members of the party as appointed by the 12 Governor if the Governor is a member of the party, and the 13 President of the Senate or the Minority Leader in the Senate, 14 and the Speaker of the House of Representatives or the 15 Minority Leader in the House of Representatives, whichever is 16 a member of the political party, and 20 members of the 17 Legislature who are members of the political party. Ten of 18 the legislators shall be appointed with the concurrence of the 19 state chair of the respective party, as follows: five to be 20 appointed by the President of the Senate; five by the Minority 21 Leader in the Senate; five by the Speaker of the House of 22 Representatives; and five by the Minority Leader in the House. 23 Section 29. Section 103.141, Florida Statutes, is 24 amended to read: 25 103.141 Removal of county executive committee member 26 for violation of oath.-- 27 (1) Where the county executive committee by at least a 28 two-thirds majority vote of the members of the committee, 29 attending a meeting held after due notice has been given and 30 at which meeting a quorum is present, determines an incumbent 31 county executive committee member to be guilty of an offense 33 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 involving a violation of the member's oath of office, said 2 member so violating his or her oath shall be removed from 3 office and the office shall be deemed vacant. Provided, 4 however, if the county committee wrongfully removes a county 5 committee member and the committee member so wrongfully 6 removed files suit in the circuit court alleging his or her 7 removal was wrongful and wins said suit, the committee member 8 shall be restored to office and the county committee shall pay 9 the costs incurred by the wrongfully removed committee member 10 in bringing the suit, including reasonable attorney's fees. 11 (2) Any officer, county committeeman, county 12 committeewoman, precinct committeeman, precinct 13 committeewoman, or member of a county executive committee may 14 be removed from office pursuant to s. 103.161. Either the 15 county or state executive committee is empowered to take 16 judicial action in chancery against a county committee member 17 for alleged violation of the member's oath of office in the 18 circuit court of the county in which that committee member is 19 an elector; provided, however, that the state committee may 20 take such judicial action only when a county committee refuses 21 to take such judicial action within 10 days after a charge is 22 made. Procedure shall be as in other cases in chancery, and if 23 the court shall find as fact that the defendant did violate 24 his or her oath of office, it shall enter a decree removing 25 the defendant from the county committee. If either such 26 executive committee brings suit in the circuit court for the 27 removal of a county committee member and loses said suit, such 28 committee shall pay the court costs incurred in such suit by 29 the committee member, including reasonable attorney's fees. 30 Section 30. Section 103.151, Florida Statutes, is 31 repealed. 34 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 Section 31. Section 103.161, Florida Statutes, is 2 created to read: 3 103.161 Removal of officers or members of state 4 executive committee or county executive committee.-- 5 (1) The chairman of the state executive committee is 6 empowered to remove from an office within the chairman's 7 political party any officer, state committeeman, state 8 committeewoman, county committeeman, county committeewoman, 9 precinct committeeman, precinct committeewoman, or other 10 member of a state executive committee, county executive 11 committee, political party club, or other organization using 12 the political party name as provided in s. 103.081 for a 13 violation of the oath of office taken by such individual. 14 (2) Such violation may include activities that have or 15 could have injured the name or status of the political party 16 or interfered with the activities of the political party. The 17 chairman has sole discretion to determine if a violation 18 occurred. 19 (3) Upon the chairman's determination that a violation 20 of the oath of office occurred, the chairman may remove the 21 individual from office. Should the chairman remove the 22 individual from office, the office shall be deemed vacant upon 23 the delivery of the chairman's written notice of removal to 24 the individual found in violation of his or her oath of 25 office. When a vacancy in office is created, the chairman 26 shall appoint an individual to serve through the end of the 27 term of the office. 28 (4) An individual removed from office by the chairman 29 is ineligible to serve on the state executive committee or any 30 county executive committee of the political party for a period 31 of no less than 4 years from the effective date of the 35 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 removal. 2 Section 32. Subsection (1) of section 105.031, Florida 3 Statutes, is amended to read: 4 105.031 Qualification; filing fee; candidate's oath; 5 items required to be filed.-- 6 (1) TIME OF QUALIFYING.--Except for candidates for 7 judicial office, nonpartisan candidates for multicounty office 8 shall qualify with the Division of Elections of the Department 9 of State and nonpartisan candidates for countywide or less 10 than countywide office shall qualify with the supervisor of 11 elections. Candidates for judicial office other than the 12 office of county court judge shall qualify with the Division 13 of Elections of the Department of State, and candidates for 14 the office of county court judge shall qualify with the 15 supervisor of elections of the county. Candidates for judicial 16 office shall qualify no earlier than noon of the 120th day, 17 and no later than noon of the 116th day, before the primary 18 election. Candidates for the office of school board member 19 shall qualify no earlier than noon of the 71st 50th day, and 20 no later than noon of the 67th 46th day, before the primary 21 election. Filing shall be on forms provided for that purpose 22 by the Division of Elections and furnished by the appropriate 23 qualifying officer. Any person seeking to qualify by the 24 petition process, as set forth in s. 105.035, who has 25 submitted the necessary petitions by the required deadline and 26 is notified after the fifth day prior to the last day for 27 qualifying that the required number of signatures has been 28 obtained, shall be entitled to subscribe to the candidate's 29 oath and file the qualifying papers at any time within 5 days 30 from the date he or she is notified that the necessary number 31 of signatures has been obtained. Any person other than a 36 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 write-in candidate who qualifies within the time prescribed in 2 this subsection shall be entitled to have his or her name 3 printed on the ballot. 4 Section 33. Paragraph (c) of subsection (1) of section 5 106.021, Florida Statutes, is amended to read: 6 106.021 Campaign treasurers; deputies; primary and 7 secondary depositories.-- 8 (1) 9 (c) Any campaign treasurer or deputy treasurer 10 appointed pursuant to this section shall be a registered voter 11 in this state and shall, before such appointment may become 12 effective, have accepted appointment to such position in 13 writing and filed such acceptance with the officer before whom 14 the candidate is required to qualify or with the officer with 15 whom the political committee is required to file reports. An 16 individual may be appointed and serve as campaign treasurer of 17 a candidate and a political committee or two or more 18 candidates and political committees. A candidate may appoint 19 herself or himself as campaign treasurer. 20 Section 34. Subsection (1) of section 106.04, Florida 21 Statutes, is amended to read: 22 106.04 Committees of continuous existence.-- 23 (1) In order to qualify as a committee of continuous 24 existence for the purposes of this chapter, a group, 25 organization, association, or other such entity which is 26 involved in making contributions to candidates, political 27 committees, or political parties, shall meet the following 28 criteria: 29 (a) It shall be organized and operated in accordance 30 with a written charter or set of bylaws which contains 31 procedures for the election of officers and directors and 37 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 which clearly defines membership in the organization; and 2 (b) At least 25 percent of the income of such 3 organization, excluding interest, must be derived from dues or 4 assessments payable on a regular basis by its membership 5 pursuant to provisions contained in the charter or bylaws. 6 Dues may be collected by a group, organization, association, 7 or other such entity from its members and forwarded to the 8 committee of continuous existence. All dues collected and 9 forwarded in this manner shall be reported by the committee of 10 continuous existence as dues from the member who originally 11 paid the dues. 12 Section 35. Section 106.055, Florida Statutes, is 13 amended to read: 14 106.055 Valuation of in-kind contributions.--Any 15 person who makes an in-kind contribution shall, at the time of 16 making such contribution, place a value on such contribution, 17 which valuation shall be the fair market value of such 18 contribution. Travel conveyed upon private aircraft shall be 19 valued at the actual cost of per person commercial air travel 20 for the same or a substantially similar route. 21 Section 36. Section 106.09, Florida Statutes, is 22 amended to read: 23 106.09 Cash contributions and contribution by 24 cashier's checks.-- 25 (1) A person may not make or accept a cash 26 contribution or contribution by means of a cashier's check in 27 excess of $100. 28 (2)(a) Any person who makes or accepts a contribution 29 in excess of $100 in violation of this section commits a 30 misdemeanor of the first degree, punishable as provided in s. 31 775.082 or s. 775.083. 38 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 (2)(b) Any person who knowingly and willfully makes or 2 accepts a contribution in excess of $5,000 in violation of 3 this section commits a felony of the third degree, punishable 4 as provided in s. 775.082, s. 775.083, or s. 775.084. 5 Section 37. Subsection (1) of section 106.143, Florida 6 Statutes, is amended to read: 7 106.143 Political advertisements circulated prior to 8 election; requirements.-- 9 (1)(a) Any political advertisement that is paid for by 10 a candidate and that is published, displayed, or circulated 11 prior to, or on the day of, any election must prominently 12 state: "Political advertisement paid for and approved by 13 ...(name of candidate)..., ...(party affiliation)..., for 14 ...(office sought)...." 15 (b) Any other political advertisement published, 16 displayed, or circulated prior to, or on the day of, any 17 election must prominently: 18 1. Be marked "paid political advertisement" or with 19 the abbreviation "pd. pol. adv." 20 2. State the name and address of the persons 21 sponsoring the advertisement. 22 3.a.(I) State whether the advertisement and the cost 23 of production is paid for or provided in kind by or at the 24 expense of the entity publishing, displaying, broadcasting, or 25 circulating the political advertisement; or 26 (II) State who provided or paid for the advertisement 27 and cost of production, if different from the source of 28 sponsorship. 29 b. This subparagraph does not apply if the source of 30 the sponsorship is patently clear from the content or format 31 of the political advertisement. 39 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 (c) Any communication made pursuant to s. 2 106.021(3)(d) must prominently state, "Paid for and sponsored 3 by ...(name of person paying for documentation or 4 communication)."... "Approved by ...(names of persons, party 5 affiliation, and offices sought in the communication)."... 6 (d) Any communication paid for jointly must state the 7 names and addresses of the persons paying for the 8 communication. If the communication was paid for in-kind, 9 either in whole or in part, the communication must so state. 10 11 This subsection does not apply to campaign messages used by a 12 candidate and the candidate's supporters if those messages are 13 designed to be worn by a person. 14 Section 38. Section 106.17, Florida Statutes, is 15 amended to read: 16 106.17 Polls and surveys relating to candidacies.--Any 17 candidate, political committee, committee of continuous 18 existence, electioneering communication organization, or state 19 or county executive committee of a political party may 20 authorize or conduct a political poll, survey, index, or 21 measurement of any kind relating to candidacy for public 22 office so long as the candidate, political committee, 23 committee of continuous existence, electioneering 24 communication organization, or political party maintains 25 complete jurisdiction over the poll in all its aspects. 26 Section 39. Section 106.25, Florida Statutes, is 27 amended to read: 28 106.25 Reports of alleged violations to Florida 29 Elections Commission; disposition of findings.-- 30 (1) Jurisdiction to investigate and determine 31 violations of this chapter and chapter 104 is vested in the 40 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 Florida Elections Commission; however, nothing in this section 2 limits the jurisdiction of any other officers or agencies of 3 government empowered by law to investigate, act upon, or 4 dispose of alleged violations of this code. 5 (2) The commission shall investigate all violations of 6 this chapter and chapter 104, but only after having received 7 either a sworn complaint or information reported to it under 8 this subsection by the Division of Elections. Such sworn 9 complaint must be based upon personal information or 10 information other than hearsay. Any person, other than the 11 division, having information of any violation of this chapter 12 or chapter 104 shall file a sworn complaint with the 13 commission. The commission shall investigate only those 14 alleged violations specifically contained within the sworn 15 complaint. If any complainant fails to allege all violations 16 that arise from the facts or allegations alleged in a 17 complaint, the commission shall be barred from investigating a 18 subsequent complaint from such complainant that is based upon 19 such facts or allegations that were raised or could have been 20 raised in the first complaint. If the complaint includes 21 allegations of violations relating to expense items reimbursed 22 by a candidate, committee, or organization to the campaign 23 account before a sworn complaint is filed, the commission 24 shall be barred from investigating such allegations. Such 25 sworn complaint shall state whether a complaint of the same 26 violation has been made to any state attorney. Within 5 days 27 after receipt of a sworn complaint, the commission shall 28 transmit a copy of the complaint to the alleged violator. If 29 the executive director finds that the complaint is legally 30 sufficient, the respondent shall be notified of such finding 31 by letter, which sets forth the statutory provisions alleged 41 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 to have been violated and the alleged factual basis that 2 supports the finding. All sworn complaints alleging violations 3 of the Florida Election Code over which the commission has 4 jurisdiction shall be filed with the commission within 2 years 5 after the alleged violations. The period of limitations is 6 tolled on the day a sworn complaint is filed with the 7 commission. The complainant may withdraw the sworn complaint 8 at any time prior to a probable cause hearing if good cause is 9 shown. Withdrawal shall be requested in writing, signed by the 10 complainant, and witnessed by a notary public, stating the 11 facts and circumstances constituting good cause. The executive 12 director shall prepare a written recommendation regarding 13 disposition of the request which shall be given to the 14 commission together with the request. "Good cause" shall be 15 determined based upon the legal sufficiency or insufficiency 16 of the complaint to allege a violation and the reasons given 17 by the complainant for wishing to withdraw the complaint. If 18 withdrawal is permitted, the commission must close the 19 investigation and the case. No further action may be taken. 20 The complaint will become a public record at the time of 21 withdrawal. 22 (3) For the purposes of commission jurisdiction, a 23 violation shall mean the willful performance of an act 24 prohibited by this chapter or chapter 104 or the willful 25 failure to perform an act required by this chapter or chapter 26 104. Willfulness is a determination of fact; however, at the 27 request of the respondent, willfulness may be considered and 28 determined in an informal hearing before the commission. 29 (4) The commission shall undertake a preliminary 30 investigation to determine if the facts alleged in a sworn 31 complaint or a matter initiated by the division constitute 42 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 probable cause to believe that a violation has occurred. The 2 respondent, the complainant, and their respective counsel 3 shall be permitted to attend the hearing at which the probable 4 cause determination is made. Notice of the hearing shall be 5 sent to the respondent and the complainant at least 14 days 6 prior to the date of the hearing. The respondent and his or 7 her counsel shall be permitted to make a brief oral statement 8 in the nature of oral argument to the commission before the 9 probable cause determination. The commission's determination 10 shall be based upon the investigator's report, the complaint, 11 and staff recommendations, as well as any written statements 12 submitted by the respondent and any oral statements made at 13 the hearing. No testimony or other evidence shall be accepted 14 at the hearing. Upon completion of the preliminary 15 investigation, the commission shall, by written report, find 16 probable cause or no probable cause to believe that this 17 chapter or chapter 104 has been violated. 18 (a) When the investigator's report is completed, the 19 executive director shall notify the respondent that the report 20 is completed and shall send to the respondent a copy of the 21 investigator's report. The investigatory file and main 22 complaint file shall be open for inspection by the respondent 23 and the respondent's counsel at that time, and copies may be 24 obtained at no more than cost. 25 (b) The respondent shall be given not less than 14 26 days from the date of mailing of the investigator's report to 27 file with the commission a written response to the 28 investigator's report. This time period may be shortened with 29 the consent of the respondent, or without the consent of the 30 respondent when the passage of time could reasonably be 31 expected to render moot the ultimate disposition of the matter 43 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 by the commission so long as reasonable notice under the 2 circumstances is given. 3 (c) Counsel for the commission shall review the 4 investigator's report and shall make a written recommendation 5 to the commission for the disposition of the complaint. If the 6 counsel for the commission recommends that the commission find 7 probable cause, the recommendation shall include a statement 8 of what charges shall be at issue. A copy of the 9 recommendation shall be furnished to the respondent. The 10 respondent shall be given not less than 14 days from the date 11 of mailing of the recommendation of counsel for the commission 12 to file with the commission a written response to the 13 recommendation. This time period may be shortened with the 14 consent of the respondent, or without the consent of the 15 respondent when the passage of time could reasonably be 16 expected to render moot the ultimate disposition of the matter 17 by the commission, so long as the recommendation is furnished 18 to the respondent within a reasonable period of time under the 19 circumstances. 20 (d) The respondent and each complainant, their 21 counsel, and the counsel for the commission shall be permitted 22 to attend the hearing at which the probable cause 23 determination is made. Notice of the hearing shall be sent to 24 the respondent, each complainant, and counsel for the 25 commission at least 14 days before the hearing. This time 26 period may be shortened with the consent of the respondent, or 27 without the consent of the respondent when the passage of time 28 could reasonably be expected to render moot the ultimate 29 disposition of the matter by the commission, so long as the 30 notice is furnished within a reasonable period of time under 31 the circumstances. 44 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 (e) The probable cause determination is the conclusion 2 of the preliminary investigation. The respondent and the 3 counsel for the commission shall be permitted to make brief 4 oral statements in the nature of oral argument to the 5 commission, based on the investigator's report, before the 6 probable cause determination. The commission's determination 7 shall be based upon the investigator's report, the 8 recommendation of counsel for the commission, the complaint, 9 and staff recommendations, as well as any written statements 10 submitted by the respondent and any oral statements made at 11 the hearing. No testimony or other evidence will be accepted 12 at the hearing. 13 (f) At its meeting to determine probable cause, the 14 commission may continue its determination to allow further 15 investigation; may order the issuance of a public report of 16 its investigation if it finds no probable cause to believe 17 that there has been a violation of this chapter or chapter 18 104, concluding the matter before it; may order a final, 19 public hearing of the complaint if it finds probable cause to 20 believe that there has been a violation of this chapter or 21 chapter 104; or may take such other action as it deems 22 necessary to resolve the complaint, consistent with due 23 process of law. In making its determination, the commission 24 may consider: 25 1. The sufficiency of the evidence against the 26 respondent, as contained in the investigator's report; 27 2. The admissions and other stipulations of the 28 respondent, if any; 29 3. The nature and circumstances of the respondent's 30 actions; 31 4. The expense of further proceedings; and 45 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 5. Such other factors as it deems material to its 2 decision. 3 4 If the commission finds probable cause, the commission shall 5 determine what charges shall be at issue. 6 (g)(a) If no probable cause is found, the commission 7 shall dismiss the case and the case shall become a matter of 8 public record, except as otherwise provided in this section, 9 together with a written statement of the findings of the 10 preliminary investigation and a summary of the facts which the 11 commission shall send to the complainant and the alleged 12 violator. A finding of no probable cause by the commission is 13 a full adjudication of all such matters. The commission may 14 not charge a respondent in a subsequent complaint alleging 15 violations based upon the same actions, nonactions, or 16 circumstances wherein the commission found no probable cause. 17 (h)(b) If probable cause is found, the commission 18 shall so notify the complainant and the alleged violator in 19 writing. All documents made or received in the disposition of 20 the complaint shall become public records upon a finding by 21 the commission. 22 (i)1. Upon a commission finding of probable cause, the 23 counsel for the commission shall attempt to reach a consent 24 agreement with the respondent. 25 2. A consent agreement is not binding upon either 26 party unless and until it is signed by the respondent and by 27 counsel for the commission upon approval by the commission. 28 3. Nothing herein shall be construed to prevent the 29 commission from entering into a consent agreement with a 30 respondent prior to a commission finding of probable cause if 31 a respondent indicates in writing a desire to enter into 46 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 negotiations directed towards reaching such a consent 2 agreement. Any consent agreement reached under this 3 subparagraph is subject to the provisions of subparagraph 2. 4 and shall have the same force and effect as a consent 5 agreement reached after the commission finding of probable 6 cause. 7 (j) If a consent agreement is reached between the 8 commission and the respondent, counsel for the commission 9 shall send a copy of the signed agreement to both complainant 10 and respondent. 11 12 In a case where probable cause is found, the commission shall 13 make a preliminary determination to consider the matter or to 14 refer the matter to the state attorney for the judicial 15 circuit in which the alleged violation occurred. 16 Notwithstanding any other provisions of this section, the 17 commission may, at its discretion, dismiss any complaint at 18 any stage of disposition if it determines that the public 19 interest would not be served by proceeding further, in which 20 case the commission shall issue a public report stating with 21 particularity its reasons for the dismissal. 22 (5) Unless When there are disputed issues of material 23 fact in a proceeding conducted under ss. 120.569 and 120.57, a 24 person alleged by the Elections Commission to have committed a 25 violation of this chapter or chapter 104 elects may elect, 26 within 30 days after the date of the filing of the 27 commission's allegations, to have a formal or informal hearing 28 conducted before the commission, or elects to resolve the 29 complaint by consent order, such person shall be entitled to a 30 formal administrative hearing conducted by an administrative 31 law judge in the Division of Administrative Hearings. The 47 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 administrative law judge in such proceedings shall enter a 2 final order subject to appeal as provided in s. 120.68. 3 (6) It is the duty of a state attorney receiving a 4 complaint referred by the commission to investigate the 5 complaint promptly and thoroughly; to undertake such criminal 6 or civil actions as are justified by law; and to report to the 7 commission the results of such investigation, the action 8 taken, and the disposition thereof. The failure or refusal of 9 a state attorney to prosecute or to initiate action upon a 10 complaint or a referral by the commission shall not bar 11 further action by the commission under this chapter. 12 (7) Every sworn complaint filed pursuant to this 13 chapter with the commission, every investigation and 14 investigative report or other paper of the commission with 15 respect to a violation of this chapter or chapter 104, and 16 every proceeding of the commission with respect to a violation 17 of this chapter or chapter 104 is confidential, is exempt from 18 the provisions of ss. 119.07(1) and 286.011, and is exempt 19 from publication in the Florida Administrative Weekly of any 20 notice or agenda with respect to any proceeding relating to 21 such violation, except under the following circumstances: 22 (a) As provided in subsection (6); 23 (b) Upon a determination of probable cause or no 24 probable cause by the commission; or 25 (c) For proceedings conducted with respect to appeals 26 of fines levied by filing officers for the late filing of 27 reports required by this chapter. 28 29 However, a complainant is not bound by the confidentiality 30 provisions of this section. In addition, confidentiality may 31 be waived in writing by the person against whom the complaint 48 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 has been filed or the investigation has been initiated. If a 2 finding of probable cause in a case is entered within 30 days 3 prior to the date of the election with respect to which the 4 alleged violation occurred, such finding and the proceedings 5 and records relating to such case shall not become public 6 until noon of the day following such election. When two or 7 more persons are being investigated by the commission with 8 respect to an alleged violation of this chapter or chapter 9 104, the commission may not publicly enter a finding of 10 probable cause or no probable cause in the case until a 11 finding of probable cause or no probable cause for the entire 12 case has been determined. However, once the confidentiality of 13 any case has been breached, the person or persons under 14 investigation have the right to waive the confidentiality of 15 the case, thereby opening up the proceedings and records to 16 the public. Any person who discloses any information or 17 matter made confidential by the provisions of this subsection 18 commits a misdemeanor of the first degree, punishable as 19 provided in s. 775.082 or s. 775.083. 20 (8) Any person who files a complaint pursuant to this 21 section while knowing that the allegations contained in such 22 complaint are false or without merit commits a misdemeanor of 23 the first degree, punishable as provided in s. 775.082 or s. 24 775.083. 25 (9) The commission shall maintain a database of all 26 final orders and agency actions. Such database shall be 27 available to the public and shall be maintained in such a 28 manner as to be searchable, at a minimum, by issue, statutes, 29 individuals, or entities referenced. 30 Section 40. Subsection (4) of section 106.35, Florida 31 Statutes, is amended to read: 49 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 106.35 Distribution of funds.-- 2 (4) Distribution of funds shall be made beginning on 3 the 32nd day prior to the primary within 7 days after the 4 close of qualifying and every 7 days thereafter. 5 Section 41. Section 112.51, Florida Statutes, is 6 amended to read: 7 112.51 Municipal officers; suspension; removal from 8 office.-- 9 (1) By executive order stating the grounds for the 10 suspension and filed with the Secretary of State, the Governor 11 may suspend from office any elected or appointed municipal 12 official for malfeasance, misfeasance, neglect of duty, 13 habitual drunkenness, incompetence, or permanent inability to 14 perform official duties. 15 (2) Whenever any elected or appointed municipal 16 official is arrested for a felony or for a misdemeanor related 17 to the duties of office or is indicted or informed against for 18 the commission of a federal felony or misdemeanor or state 19 felony or misdemeanor, the Governor has the power to suspend 20 such municipal official from office. 21 (3) The suspension of such official by the Governor 22 creates a temporary vacancy in such office during the 23 suspension. Any temporary vacancy in office created by 24 suspension of an official under the provisions of this section 25 shall be filled by a temporary appointment to such office for 26 the period of the suspension. Such temporary appointment 27 shall be made in the same manner and by the same authority by 28 which a permanent vacancy in such office is filled as provided 29 by law. If no provision for filling a permanent vacancy in 30 such office is provided by law, the temporary appointment 31 shall be made by the Governor. 50 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 (4) No municipal official who has been suspended from 2 office under this section may perform any official act, duty, 3 or function during his or her suspension; receive any pay or 4 allowance during his or her suspension; or be entitled to any 5 of the emoluments or privileges of his or her office during 6 suspension. 7 (5) If the municipal official is convicted of any of 8 the charges contained in the indictment or information by 9 reason of which he or she was suspended under the provisions 10 of this section, the Governor shall remove such municipal 11 official from office. If a person was selected to fill the 12 temporary vacancy pursuant to subsection (3), that person 13 shall serve the remaining balance, if any, of the removed 14 official's term of office. Otherwise, any vacancy created by 15 the removal shall be filled as provided by law. For the 16 purposes of this section, any person who pleads guilty or nolo 17 contendere or who is found guilty shall be deemed to have been 18 convicted, notwithstanding a suspension of sentence or a 19 withholding of adjudication. 20 (6) If the municipal official is acquitted or found 21 not guilty or is otherwise cleared of the charges which were 22 the basis of the arrest, indictment, or information by reason 23 of which he or she was suspended under the provisions of this 24 section, then the Governor shall forthwith revoke the 25 suspension and restore such municipal official to office; and 26 the official shall be entitled to and be paid full back pay 27 and such other emoluments or allowances to which he or she 28 would have been entitled for the full period of time of the 29 suspension. If, during the suspension, the term of office of 30 the municipal official expires and a successor is either 31 appointed or elected, such back pay, emoluments, or allowances 51 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 shall only be paid for the duration of the term of office 2 during which the municipal official was suspended under the 3 provisions of this section, and he or she shall not be 4 reinstated. 5 Section 42. Section 106.37, Florida Statutes, is 6 repealed. 7 Section 43. Subsections (2) and (3) of section 8 189.405, Florida Statutes, are amended to read: 9 189.405 Elections; general requirements and 10 procedures; education programs.-- 11 (2)(a) Any independent special district located 12 entirely in a single county may provide for the conduct of 13 district elections by the supervisor of elections for that 14 county. Any independent special district that conducts its 15 elections through the office of the supervisor shall make 16 election procedures consistent with the Florida Election Code. 17 (b) Any independent special district not conducting 18 district elections through the supervisor of elections shall 19 report to the supervisor in a timely manner the purpose, date, 20 authorization, procedures, and results of each election 21 conducted by the district. 22 (c) A candidate for a position on a governing board of 23 a single-county special district that has its elections 24 conducted by the supervisor of elections shall qualify for the 25 office with the county supervisor of elections in whose 26 jurisdiction the district is located. Elections for governing 27 board members elected by registered electors shall be 28 nonpartisan, except when partisan elections are specified by a 29 district's charter. Candidates shall qualify as directed by 30 chapter 99. by paying a filing fee equal to 3 percent of the 31 salary or honorarium paid for the office, or a filing fee of 52 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 $25, whichever is more. Alternatively, candidates may qualify 2 by submitting a petition that contains the signatures of at 3 least 3 percent of the district's registered electors, or any 4 lesser amount of signatures directed by chapter 99, chapter 5 582, or other general or special law. No election or party 6 assessment shall be levied if the election is nonpartisan. The 7 qualifying fee shall be remitted to the general revenue fund 8 of the qualifying officer to help defray the cost of the 9 election. The petition form shall be submitted and checked in 10 the same manner as those for nonpartisan judicial candidates 11 pursuant to s. 105.035. 12 (3)(a) If a multicounty special district has a 13 popularly elected governing board, elections for the purpose 14 of electing members to such board shall conform to the Florida 15 Election Code, chapters 97-106. 16 (b) With the exception of those districts conducting 17 elections on a one-acre/one-vote basis, qualifying for 18 multicounty special district governing board positions shall 19 be coordinated by the Department of State. Elections for 20 governing board members elected by registered electors shall 21 be nonpartisan, except when partisan elections are specified 22 by a district's charter. Candidates shall qualify as directed 23 by chapter 99. by paying a filing fee equal to 3 percent of 24 the salary or honorarium paid for the office, or a filing fee 25 of $25, whichever is more. Alternatively, candidates may 26 qualify by submitting a petition that contains the signatures 27 of at least 3 percent of the district's registered electors, 28 or any lesser amount of signatures directed by chapter 99, 29 chapter 582, or other general or special law. No election or 30 party assessment shall be levied if the election is 31 nonpartisan. The qualifying fee shall be remitted to the 53 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 Department of State. The petition form shall be submitted and 2 checked in the same manner as those for nonpartisan judicial 3 candidates pursuant to s. 105.035. 4 Section 44. Paragraph (a) of subsection (1) of section 5 191.005, Florida Statutes, is amended to read: 6 191.005 District boards of commissioners; membership, 7 officers, meetings.-- 8 (1)(a) With the exception of districts whose governing 9 boards are appointed collectively by the Governor, the county 10 commission, and any cooperating city within the county, the 11 business affairs of each district shall be conducted and 12 administered by a five-member board. All three-member boards 13 existing on the effective date of this act shall be converted 14 to five-member boards, except those permitted to continue as a 15 three-member board by special act adopted in 1997 or 16 thereafter. The board shall be elected in nonpartisan 17 elections by the electors of the district. Except as provided 18 in this act, such elections shall be held at the time and in 19 the manner prescribed by law for holding general elections in 20 accordance with s. 189.405(2)(a) and (3), and each member 21 shall be elected for a term of 4 years and serve until the 22 member's successor assumes office. Candidates for the board of 23 a district shall qualify as directed by chapter 99. with the 24 county supervisor of elections in whose jurisdiction the 25 district is located. If the district is a multicounty 26 district, candidates shall qualify with the Department of 27 State. All candidates may qualify by paying a filing fee of 28 $25 or by obtaining the signatures of at least 25 registered 29 electors of the district on petition forms provided by the 30 supervisor of elections which petitions shall be submitted and 31 checked in the same manner as petitions filed by nonpartisan 54 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 judicial candidates pursuant to s. 105.035. Notwithstanding s. 2 106.021, a candidate who does not collect contributions and 3 whose only expense is the filing fee is not required to 4 appoint a campaign treasurer or designate a primary campaign 5 depository. 6 Section 45. Paragraph (a) of subsection (1) of section 7 582.18, Florida Statutes, is amended to read: 8 582.18 Election of supervisors of each district.-- 9 (1) The election of supervisors for each soil and 10 water conservation district shall be held every 2 years. The 11 elections shall be held at the time of the general election 12 provided for by s. 100.041. The office of the supervisor of a 13 soil and water conservation district is a nonpartisan office, 14 and candidates for such office are prohibited from campaigning 15 or qualifying for election based on party affiliation. 16 (a) Each candidate for supervisor for such district 17 shall qualify as directed by chapter 99. be nominated by 18 nominating petition subscribed by 25 or more qualified 19 electors of such district. Candidates shall obtain signatures 20 on petition forms prescribed by the Department of State and 21 furnished by the appropriate qualifying officer. In 22 multicounty districts, the appropriate qualifying officer is 23 the Secretary of State; in single-county districts, the 24 appropriate qualifying officer is the supervisor of elections. 25 Such forms may be obtained at any time after the first Tuesday 26 after the first Monday in January preceding the election, but 27 prior to the 21st day preceding the first day of the 28 qualifying period for state office. Each petition shall be 29 submitted, prior to noon of the 21st day preceding the first 30 day of the qualifying period for state office, to the 31 supervisor of elections of the county for which such petition 55 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 was circulated. The supervisor of elections shall check the 2 signatures on the petition to verify their status as electors 3 in the district. Prior to the first date for qualifying, the 4 supervisor of elections shall determine whether the required 5 single-county signatures have been obtained; and she or he 6 shall so notify the candidate. In the case of a multicounty 7 candidate, the supervisor of elections shall check the 8 signatures on petitions and shall, prior to the first date for 9 qualifying for office, certify to the Department of State the 10 number shown as registered electors of the district. The 11 Department of State shall determine if the required number of 12 signatures has been obtained for multicounty candidates and 13 shall so notify the candidate. If the required number of 14 signatures has been obtained for the name of the candidate to 15 be placed on the ballot, the candidate shall, during the time 16 prescribed for qualifying for office in s. 99.061, submit a 17 copy of the notice to, and file her or his qualification 18 papers with, the qualifying officer and take the oath 19 prescribed in s. 99.021. 20 Section 46. Subsection (1) of section 876.05, Florida 21 Statutes, is amended to read: 22 876.05 Public employees; oath.-- 23 (1) All persons who now or hereafter are employed by 24 or who now or hereafter are on the payroll of the state, or 25 any of its departments and agencies, subdivisions, counties, 26 cities, school boards and districts of the free public school 27 system of the state or counties, or institutions of higher 28 learning, and all candidates for public office, except 29 candidates for federal office, are required to take an oath 30 before any person duly authorized to take acknowledgments of 31 instruments for public record in the state in the following 56 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 form: 2 3 I, ...., a citizen of the State of Florida and of the 4 United States of America, and being employed by or an officer 5 of .... and a recipient of public funds as such employee or 6 officer, do hereby solemnly swear or affirm that I will 7 support the Constitution of the United States and of the State 8 of Florida. 9 Section 47. Except as otherwise provided in this act, 10 this act shall take effect January 1, 2008. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 Delete everything before the enacting clause 16 17 and insert: 18 A bill to be entitled 19 An act relating to elections; amending s. 20 101.151, F.S.; authorizing the use of 21 ballot-on-demand technology to produce certain 22 marksense ballots; creating s. 101.56075, F.S.; 23 requiring all voting to be by marksense ballot; 24 providing an exemption for voters with 25 disabilities; amending s. 101.5612, F.S.; 26 requiring the use of certain marksense ballots 27 for pre-election testing; amending s. 101.591, 28 F.S.; requiring post-election, random audits of 29 voting systems; providing general audit 30 procedures; mandating that audit results be 31 reported to the Department of State; 57 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 prescribing requirements for audit reports; 2 granting rulemaking authority to the department 3 to adopt detailed, uniform audit procedures and 4 a standard audit reporting form; providing 5 procedures for the purchase of new voting 6 systems and ballot equipment and the 7 disposition of existing touchscreen voting 8 systems for certain counties; authorizing the 9 Department of State to purchase optical scan 10 voting equipment and ballot-on-demand equipment 11 for certain counties; appropriating funds for 12 such purpose; amending s. 103.121, F.S.; 13 revising the dates relating to the presidential 14 preference primary; amending s. 101.75; 15 authorizing municipalities to move their 16 election date by ordinance to coincide with the 17 presidential preference primary; amending s. 18 97.053, F.S.; requiring an applicant for voter 19 registration to be notified when the 20 application cannot be verified; providing for 21 registration upon presentation of evidence of a 22 driver's license number, identification card 23 number, or the last four digits of the 24 applicant's social security number; changing 25 the time within which a person casting a 26 provisional ballot may present evidence of 27 eligibility to vote; changing the time for 28 voter registrations to be entered into the 29 statewide voter registration system; amending 30 s. 99.021, F.S.; prescribing form of oath for 31 candidates for federal office; amending s. 58 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 99.061, F.S.; prescribing times for qualifying 2 for nomination or election; prescribing 3 specific procedures for qualifying for special 4 district office; providing that the filing fee 5 of a candidate for a special district election 6 need not be drawn on a campaign account; 7 amending s. 99.095, F.S.; prescribing the 8 number of signatures required for a candidate 9 for special district office to qualify by 10 petition; prescribing the time for 11 certification to the Division of Elections of 12 certain candidates qualifying by petition; 13 amending s. 99.096, F.S.; changing manner of 14 candidate selection by minor political parties; 15 repealing s. 99.0965, F.S., relating to the 16 selection of minor party candidates; amending 17 s. 100.041, F.S.; prescribing the time when a 18 county commissioner is deemed elected; amending 19 s. 100.061, F.S.; changing the date of the 20 primary election; amending s. 100.191, F.S.; 21 revising the time for canvassing special 22 election returns; amending s. 101.043, F.S.; 23 revising forms of identification accepted at 24 the polls; amending s. 101.048, F.S.; changing 25 the time within which a person casting a 26 provisional ballot may present evidence of 27 eligibility to vote; amending s. 101.6103, 28 F.S.; changing the time to begin canvassing 29 mail ballots; amending s. 101.62, F.S.; 30 revising the period of effectiveness of a 31 request for an absentee ballot; revising the 59 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 time for sending an absentee ballot to an 2 overseas elector; revising time period for 3 providing absentee ballots; amending s. 101.68, 4 F.S.; changing the time to begin canvassing 5 absentee ballots; amending s. 102.112, F.S.; 6 changing the deadline for submitting county 7 returns to the Department of State; amending s. 8 102.141, F.S.; requiring submission of 9 preliminary returns in certain format by 10 election night to the Department of State; 11 changing the time to submit unofficial returns; 12 amending s. 102.166, F.S.; conforming a 13 cross-reference; amending s. 103.081, F.S.; 14 allowing political parties to file with the 15 Department of State names of groups associated 16 with a party; prescribing conditions on the use 17 of those filed names; amending s. 103.091, 18 F.S.; revising the number of and the 19 qualifications for state committeemen and 20 committeewomen; changing the times for 21 qualifying for election to a political party 22 executive committee; amending s. 103.141, F.S.; 23 providing that officers and members of a county 24 executive committee may be removed from office 25 pursuant to s. 103.161; repealing s. 103.151, 26 F.S., relating to the removal of a state 27 executive committee member for violation of the 28 member's oath of office; creating s. 103.161, 29 F.S.; providing for the removal of officers and 30 members of a state or county executive 31 committee for violation of the officer's or 60 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 member's oath of office; prescribing procedures 2 for such removal and restrictions after 3 removal; amending s. 105.031, F.S.; changing 4 the times for qualifying for school board 5 candidates; amending s. 106.021, F.S.; revising 6 qualifications for a campaign treasurer and 7 deputy treasurer for a candidate or political 8 committee; amending s. 106.04, F.S.; 9 authorizing certain entities to collect and 10 forward membership dues to committees of 11 continuous existence; amending s. 106.055, 12 F.S.; prescribing valuation method for travel 13 on a private aircraft; amending s. 106.09, 14 F.S.; revising prohibition on making or 15 accepting a cash contribution; amending s. 16 106.143, F.S.; providing disclosure 17 requirements for political advertisements made 18 pursuant to s. 106.021(3)(d), F.S.; providing 19 certain disclosure requirements for political 20 advertisements paid for jointly or in kind; 21 amending s. 106.17, F.S.; revising who may 22 authorize or conduct polls or surveys relating 23 to candidates; amending s. 106.25, F.S.; 24 revising requirements for complaints filed 25 alleging violations of chapters 106 and 104, 26 F.S.; revising procedures after certain 27 complaints are filed; providing for the 28 withdrawal of certain complaints; providing for 29 the Florida Elections Commission to maintain a 30 searchable database of all final orders and 31 agency actions and providing requirements for 61 11:52 AM 04/17/07 s0960d-ee22-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 322622 1 such database; amending s. 106.35, F.S.; 2 revising the time for the Division of Elections 3 to distribute funds to candidates; amending s. 4 112.51, F.S.; providing for filling vacancies 5 created when a municipal officer has been 6 removed from office; repealing s. 106.37, F.S., 7 relating to willful violations of campaign 8 finance laws; amending s. 189.405, F.S.; 9 revising qualification procedures for 10 candidates for special district office; 11 amending s. 191.005, F.S.; revising 12 qualification procedures for candidates for 13 independent special fire control district 14 boards of commissioners; amending s. 582.18, 15 F.S.; revising qualification procedures for 16 candidates for soil and water conservation 17 district supervisors; amending s. 876.05, F.S.; 18 exempting candidates for federal office from 19 taking the public employees' oath; providing an 20 effective date. 21 22 23 24 25 26 27 28 29 30 31 62 11:52 AM 04/17/07 s0960d-ee22-r3e
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