HB 1019

1	A bill to be entitled
2	An act relating to elections; creating s. 97.0115, F.S.;
3	providing that chapters 97 through 105 shall govern all
4	procedures and processes relating to national, state,
5	county, and district elections within the state;
6	specifying a governing statute for the conduct of
7	municipal elections; prohibiting a county or district
8	charter, ordinance, or regulation from conflicting with
9	state election laws; amending s. 97.021, F.S.; defining
10	the term "absent uniformed services voter"; revising the
11	definition of the term "overseas voter"; amending s.
12	98.0981, F.S.; conforming a cross-reference; amending s.
13	101.111, F.S.; revising voter challenge oath requirements;
14	providing circumstances under which a challenged voter may
15	execute a change of legal residence, be directed to the
16	proper precinct, or vote a provisional ballot; providing
17	increased penalties for filing a frivolous voter
18	challenge; amending s. 101.5612, F.S.; requiring the
19	supervisor of elections to publish on his or her website a
20	notice of testing of tabulating equipment; requiring the
21	use of certain ballots and technology for preelection
22	testing of tabulating equipment; amending s. 101.62, F.S.;
23	revising the supervisor of elections' responsibilities for
24	the request and transmittal of absentee ballots; revising
25	the time an absentee ballot request is valid; authorizing
26	the Department of State to prescribe rules for a ballot to
27	be sent to uniformed services voters and overseas voters;
28	amending s. 101.694, F.S.; requiring the supervisor of
29	elections to send an absentee ballot to certain electors
30	within a specified time; deleting a requirement that an
31	absentee ballot be mailed; deleting a provision
32	establishing that a federal postcard application request
33	is valid through two general election cycles; amending s.
34	101.71, F.S.; requiring the supervisor of elections to
35	ensure the provision of adequate supplies, equipment, and
36	personnel when precincts are collocated; requiring the
37	supervisor of elections to publish the relocation of a
38	polling place on his or her website; amending s. 102.012,
39	F.S.; allowing the supervisor of elections to appoint one
40	election board for collocated precincts and requiring the
41	appointment of adequate personnel for the collocated
42	precincts; amending s. 102.111, F.S.; clarifying that the
43	Governor and Cabinet members shall serve ex officio on the
44	Elections Canvassing Commission; establishing meeting
45	times for the commission; amending s. 102.112, F.S.;
46	conforming a cross-reference; amending s. 102.141, F.S.;
47	requiring the supervisor of elections to publish on his or
48	her website notice of the time for canvassing absentee and
49	provisional ballots; providing circumstances under which
50	the Secretary of State, county canvassing board, or local
51	board is responsible for ordering recounts in elections;
52	specifying the time for filing returns for elections in
53	which a recount was ordered; amending s. 102.166, F.S.;
54	providing circumstances under which the Secretary of
55	State, county canvassing board, or local board is
56	responsible for ordering a manual recount of overvotes and
57	undervotes; amending s. 106.03, F.S.; revising provisions
58	for the reporting of information changes by political
59	committees; requiring the Division of Elections to adopt
60	rules for the dissolution of certain political committees;
61	amending s. 106.04, F.S.; revising reporting requirements
62	for committees of continuous existence; revising
63	provisions relating to the assessment and deposition of
64	fines for committees of continuous existence; establishing
65	when notice is deemed sufficient; amending s. 106.07,
66	F.S.; revising reporting requirements for candidates and
67	political committees; providing additional methods for
68	establishing proof of delivery; increasing the time a
69	campaign treasurer is allowed to respond to inquiries
70	about reports; establishing when notice is deemed
71	sufficient; revising when political committees that make
72	contributions or expenditures in county or municipal races
73	must file campaign finance reports; requiring transaction
74	information for each credit card purchase; authorizing a
75	filing officer to notify the registered agent of a
76	political committee that fines are due; amending s.
77	106.0705, F.S.; conforming a cross-reference; amending s.
78	106.11, F.S.; establishing when a candidate may be
79	reimbursed for a loan to his or her campaign account;
80	amending s. 106.143, F.S.; authorizing specified
81	abbreviations in political advertisements; requiring the
82	exclusion of a candidate's political party affiliation in
83	political advertisements for a nonpartisan race; amending
84	s. 106.29, F.S.; establishing when notice is deemed
85	sufficient for late filed reports of contributions and
86	expenditures by political parties; amending s. 379.352,
87	F.S.; conforming a cross-reference; providing effective
88	dates.
89
90	Be It Enacted by the Legislature of the State of Florida:
91
92	Section 1. Section 97.0115, Florida Statutes, is created
93	to read:
94	97.0115 Elections procedures and processes; governing
95	law.-
96	(1) Chapters 97-105 shall govern all procedures and
97	processes relating to national, state, county, and district
98	elections within the state, except as otherwise specifically
99	authorized by federal or state law. The conduct of municipal
100	elections shall be governed by s. 100.3605.
101	(2) A county or district charter, ordinance, or regulation
102	may not conflict with the matters set forth in chapters 97-105.
103	Section 2. Effective upon this act becoming a law,
104	subsections (2) through (43) of section 97.021, Florida
105	Statutes, are renumbered as subsections (3) through (44),
106	respectively, present subsection (22) of that section is
107	amended, and a new subsection (2) is added to that section to
108	read:
109	97.021 Definitions.-For the purposes of this code, except
110	where the context clearly indicates otherwise, the term:
111	(2) "Absent uniformed services voter" means:
112	(a) A member of a uniformed service on active duty who, by
113	reason of such active duty, is absent from the place of
114	residence where the member is otherwise qualified to vote;
115	(b) A member of the merchant marine who, by reason of
116	service in the merchant marine, is absent from the place of
117	residence where the member is otherwise qualified to vote; or
118	(c) A spouse or dependent of a member referred to in
119	paragraph (a) or paragraph (b) who, by reason of the active duty
120	or service of the member, is absent from the place of residence
121	where the spouse or dependent is otherwise qualified to vote.
122	(23)(22) "Overseas voter" means:
123	(a) An absent uniformed services voter who, by reason of
124	active duty or service, is absent from the United States on the
125	date of the election involved Members of the uniformed services
126	while in the active service who are permanent residents of the
127	state and are temporarily residing outside the territorial
128	limits of the United States and the District of Columbia;
129	(b) A person who resides outside the United States and is
130	qualified to vote in the last place in which the person was
131	domiciled before leaving the United States Members of the
132	Merchant Marine of the United States who are permanent residents
133	of the state and are temporarily residing outside the
134	territorial limits of the United States and the District of
135	Columbia; or and
136	(c) A person who resides outside the United States and,
137	but for such residence, would be qualified to vote in the last
138	place in which the person was domiciled before leaving the
139	United States Other citizens of the United States who are
140	permanent residents of the state and are temporarily residing
141	outside the territorial limits of the United States and the
142	District of Columbia, who are qualified and registered to vote
143	as provided by law.
144	Section 3. Subsection (3) of section 98.0981, Florida
145	Statutes, is amended to read:
146	98.0981 Reports; voting history; statewide voter
147	registration system information; precinct-level election
148	results; book closing statistics.-
149	(3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.-After the date
150	of book closing but before the date of an election as defined in
151	s. 97.021(11) s. 97.021(10) to fill a national, state, county,
152	or district office, or to vote on a proposed constitutional
153	amendment, the department shall compile the following precinct-
154	level statistical data for each county:
155	(a) Precinct numbers.
156	(b) Total number of active registered voters by party for
157	each precinct.
158	Section 4. Section 101.111, Florida Statutes, is amended
159	to read:
160	101.111 Voter challenges Person desiring to vote may be
161	challenged; challenger to execute oath; oath of person
162	challenged; determination of challenge.-
163	(1)(a) Any registered elector or poll watcher of a county
164	may challenge the right of a person to vote in that county. The
165	challenge must be in writing and contain the following oath,
166	which shall be delivered to the clerk or inspector:
167	OATH OF PERSON ENTERING CHALLENGE
168	State of Florida
169	County of _____
170	I do solemnly swear or affirm that my name is _____; that I am a
171	member of the _____ Party; that I am a registered voter or
172	pollwatcher; that my residence address is _____, in the
173	municipality of _____; and that I have reason to believe that
174	_____ is attempting to vote illegally and the reasons for my
175	belief are set forth herein to wit:
176	________________________________________________________________
177	________________________________________________________________
178	___________________________
179	...(Signature of person challenging voter)...
180	Sworn and subscribed to before me this _____ day of _____,
181	...(year)....
182	...(Clerk of election)...
183	(b)1. The clerk or inspector shall immediately deliver to
184	the challenged person a copy of the oath of the person entering
185	the challenge, and the challenged voter shall be allowed to cast
186	a provisional ballot in accordance with s. 101.048, except as
187	provided in subparagraph 2.
188	2. If the basis for the challenge is that the person's
189	legal residence is not in that precinct, the person shall first
190	be given the opportunity to execute a change of legal residence
191	in order to be able to vote a regular ballot in accordance with
192	s. 101.045(2). If the change of legal residence is such that the
193	person is then properly registered for that precinct, the person
194	shall be allowed to vote a regular ballot. If the change of
195	legal residence places the person in another precinct, the
196	person shall be directed to the proper precinct to vote. If such
197	person insists that he or she is currently in the proper
198	precinct, the person shall be allowed to vote a provisional
199	ballot in accordance with s. 101.048.
200	(c) Alternatively, a challenge in accordance with this
201	section may be filed in advance with the supervisor of elections
202	no sooner than 30 days before an election. The supervisor shall
203	promptly provide the election board in the challenged voter's
204	precinct with a copy of the oath of the person entering the
205	challenge. The challenged voter shall be allowed to cast a
206	provisional ballot in accordance with s. 101.048, subject to the
207	provisions of subparagraph (b)2.
208	(2) Any elector or poll watcher filing a frivolous
209	challenge of any person's right to vote commits a felony
210	misdemeanor of the third first degree, punishable as provided in
211	s. 775.082, or s. 775.083, or s. 775.084; however, electors or
212	poll watchers shall not be subject to liability for any action
213	taken in good faith and in furtherance of any activity or duty
214	permitted of such electors or poll watchers by law. Each
215	instance where any elector or poll watcher files a frivolous
216	challenge of any person's right to vote constitutes a separate
217	offense.
218	Section 5. Effective upon this act becoming a law,
219	subsections (2) and (5) of section 101.5612, Florida Statutes,
220	are amended to read:
221	101.5612 Testing of tabulating equipment.-
222	(2) On any day not more than 10 days prior to the
223	commencement of early voting as provided in s. 101.657, the
224	supervisor of elections shall have the automatic tabulating
225	equipment publicly tested to ascertain that the equipment will
226	correctly count the votes cast for all offices and on all
227	measures. If the ballots to be used at the polling place on
228	election day are not available at the time of the testing, the
229	supervisor may conduct an additional test not more than 10 days
230	before election day. Public notice of the time and place of the
231	test shall be given at least 48 hours prior thereto by
232	publication on the supervisor of elections' website and once in
233	one or more newspapers of general circulation in the county or,
234	if there is no newspaper of general circulation in the county,
235	by posting the notice in at least four conspicuous places in the
236	county. The supervisor or the municipal elections official may,
237	at the time of qualifying, give written notice of the time and
238	location of the public preelection test to each candidate
239	qualifying with that office and obtain a signed receipt that the
240	notice has been given. The Department of State shall give
241	written notice to each statewide candidate at the time of
242	qualifying, or immediately at the end of qualifying, that the
243	voting equipment will be tested and advise each candidate to
244	contact the county supervisor of elections as to the time and
245	location of the public preelection test. The supervisor or the
246	municipal elections official shall, at least 15 days prior to
247	the commencement of early voting as provided in s. 101.657, send
248	written notice by certified mail to the county party chair of
249	each political party and to all candidates for other than
250	statewide office whose names appear on the ballot in the county
251	and who did not receive written notification from the supervisor
252	or municipal elections official at the time of qualifying,
253	stating the time and location of the public preelection test of
254	the automatic tabulating equipment. The canvassing board shall
255	convene, and each member of the canvassing board shall certify
256	to the accuracy of the test. For the test, the canvassing board
257	may designate one member to represent it. The test shall be open
258	to representatives of the political parties, the press, and the
259	public. Each political party may designate one person with
260	expertise in the computer field who shall be allowed in the
261	central counting room when all tests are being conducted and
262	when the official votes are being counted. The designee shall
263	not interfere with the normal operation of the canvassing board.
264	(5) Any tests involving marksense ballots pursuant to this
265	section shall employ test preprinted ballots created by the
266	supervisor of elections using actual ballots that have been
267	printed for the election., If preprinted ballots will be used in
268	the election, and ballot-on-demand ballots will be used in the
269	election, the supervisor shall also create test ballots using
270	the, if ballot-on-demand technology that will be used to produce
271	ballots in the election, using the same paper stock as will be
272
273	Section 6. Effective upon this act becoming a law,
274	subsections (1), (3), (4), and (5) of section 101.62, Florida
275	Statutes, are amended to read:
276	101.62 Request for absentee ballots.-
277	(1)(a) The supervisor shall may accept a request for an
278	absentee ballot from an elector in person or in writing. Except
279	as provided in s. 101.694, One request shall be deemed
280	sufficient to receive an absentee ballot for all elections
281	through the next two regularly scheduled general election
282	elections, unless the elector or the elector's designee
283	indicates at the time the request is made the elections for
284	which the elector desires to receive an absentee ballot. Such
285	request may be considered canceled when any first-class mail
286	sent by the supervisor to the elector is returned as
287	undeliverable.
288	(b) The supervisor shall may accept a written or
289	telephonic request for an absentee ballot from the elector, or,
290	if directly instructed by the elector, a member of the elector's
291	immediate family, or the elector's legal guardian. For purposes
292	of this section, the term "immediate family" has the same
293	meaning as specified in paragraph (4)(b). The person making the
294	request must disclose:
295	1. The name of the elector for whom the ballot is
296	requested.;
297	2. The elector's address.;
298	3. The elector's date of birth.;
299	4. The requester's name.;
300	5. The requester's address.;
301	6. The requester's driver's license number, if available;
302	6.7. The requester's relationship to the elector.; and
303	8. The requester's signature (written requests only).
304	(c) Upon receiving a request for an absentee ballot, the
305	supervisor of elections shall notify the voter of the free
306	access system that has been designated by the department for
307	determining the status of his or her absentee ballot.
308	(3) For each request for an absentee ballot received, the
309	supervisor shall record the date the request was made, the date
310	the absentee ballot was delivered to the voter or the voter's
311	designee or the date the absentee ballot was delivered to the
312	post office or other carrier, the date the ballot was received
313	by the supervisor, and such other information he or she may deem
314	necessary. This information shall be provided in electronic
315	format as provided by rule adopted by the division. The
316	information shall be updated and made available no later than
317	noon of each day beginning the date the first absentee ballots
318	are mailed for the election and shall be contemporaneously
319	provided to the division. This information shall be confidential
320	and exempt from the provisions of s. 119.07(1) and shall be made
321	available to or reproduced only for the voter requesting the
322	ballot, a canvassing board, an election official, a political
323	party or official thereof, a candidate who has filed
324	qualification papers and is opposed in an upcoming election, and
325	registered political committees or registered committees of
326	continuous existence, for political purposes only.
327	(4)(a) No later than 45 days before each election, the
328	supervisor of elections shall send an absentee ballot to each
329	absent uniformed services voter and to each overseas voter as
330	provided in subparagraph (b)3. To each absent qualified elector
331	overseas who has requested an absentee ballot, the supervisor of
332	elections shall mail an absentee ballot not less than 35 days
333	before the primary election and not less than 45 days before the
334	general election.
335	(b) The supervisor shall provide an absentee ballot to
336	each elector by whom a request for that ballot has been made by
337	one of the following means:
338	1. By nonforwardable, return-if-undeliverable mail to the
339	elector's current mailing address on file with the supervisor.,
340	unless the elector specifies in the request that:
341	2. By nonforwardable, return-if-undeliverable mail to any
342	address requested by an elector if the request specifies that:
343	a. The elector is absent from the county and does not plan
344	to return before the day of the election;
345	b. The elector is temporarily unable to occupy the
346	residence because of hurricane, tornado, flood, fire, or other
347	emergency or natural disaster; or
348	c. The elector is in a hospital, assisted living facility,
349	nursing home, short-term medical or rehabilitation facility, or
350	correctional facility,
351
352	in which case the supervisor shall mail the ballot by
353	nonforwardable, return-if-undeliverable mail to any other
354	address the elector specifies in the request.
355	3.2. By forwardable mail, e-mail, or facsimile machine
356	transmission to absent uniformed services voters and overseas
357	voters who are entitled to vote by absentee ballot under the
358	Uniformed and Overseas Citizens Absentee Voting Act. The absent
359	uniformed services voter or overseas voter may designate in the
360	request the preferred method of transmission. If the voter does
361	not designate the method of transmission, the ballot shall be
362	mailed.
363	4.3. By personal delivery before 7 p.m. on election day to
364	the elector, upon presentation of the identification required in
365	s. 101.043.
366	5.4. By delivery to a designee on election day or up to 5
367	days prior to the day of an election. Any elector may designate
368	in writing a person to pick up the ballot for the elector;
369	however, the person designated may not pick up more than two
370	absentee ballots per election, other than the designee's own
371	ballot, except that additional ballots may be picked up for
372	members of the designee's immediate family. For purposes of this
373	section, "immediate family" means the designee's spouse or the
374	parent, child, grandparent, or sibling of the designee or of the
375	designee's spouse. The designee shall provide to the supervisor
376	the written authorization by the elector and a picture
377	identification of the designee and must complete an affidavit.
378	The designee shall state in the affidavit that the designee is
379	authorized by the elector to pick up that ballot and shall
380	indicate if the elector is a member of the designee's immediate
381	family and, if so, the relationship. The department shall
382	prescribe the form of the affidavit. If the supervisor is
383	satisfied that the designee is authorized to pick up the ballot
384	and that the signature of the elector on the written
385	authorization matches the signature of the elector on file, the
386	supervisor shall give the ballot to that designee for delivery
387	to the elector.
388	(5) In the event that the department Elections Canvassing
389	Commission is unable to certify candidates for the results of an
390	election for a state office in time for the supervisors to
391	comply with paragraph (4)(a) subsection (4), the Department of
392	State is authorized to prescribe rules for a ballot to be sent
393	to absent uniformed services voters and electors overseas
394	voters.
395	Section 7. Effective upon this act becoming a law,
396	subsection (1) of section 101.694, Florida Statutes, is amended
397	to read:
398	101.694 Mailing of ballots upon receipt of federal
399	postcard application.-
400	(1) Upon receipt of a federal postcard application for an
401	absentee ballot executed by a person whose registration is in
402	order or whose application is sufficient to register or update
403	the registration of that person, the supervisor shall send the
404	ballot in accordance with s. 101.62(4) mail to the applicant a
405	ballot, if the ballots are available for mailing. The federal
406	postcard application request for an absentee ballot shall be
407	effective for all elections through the next two regularly
408	scheduled general elections.
409	Section 8. Effective upon this act becoming a law,
410	subsection (2) of section 101.71, Florida Statutes, is amended
411	to read:
412	101.71 Polling place.-
413	(2) Notwithstanding the provisions of subsection (1),
414	whenever the supervisor of elections of any county determines
415	that the accommodations for holding any election at a polling
416	place designated for any precinct in the county are unavailable,
417	are inadequate for the expeditious and efficient housing and
418	handling of voting and voting paraphernalia, or do not comply
419	with the requirements of s. 101.715, the supervisor shall, not
420	less than 30 days prior to the holding of an election, provide
421	for the voting place for such precinct to be moved to another
422	site that is accessible to the public on election day in said
423	precinct or, if such is not available, to another site that is
424	accessible to the public on election day in a contiguous
425	precinct. If such action of the supervisor results in the voting
426	place for two or more precincts being located for the purposes
427	of an election in one building, the supervisor of elections
428	shall ensure that adequate supplies, equipment, and personnel
429	are available to accommodate the voters for the precincts that
430	are collocated voting places for the several precincts involved
431	shall be established and maintained separate from each other in
432	said building. When any supervisor moves any polling place
433	pursuant to this subsection, the supervisor shall, not more than
434	30 days or fewer than 7 days prior to the holding of an
435	election, give notice of the change of the polling place for the
436	precinct involved, with clear description of the voting place to
437	which changed, at least once in a newspaper of general
438	circulation in the said county and on the supervisor of
439	elections' website. A notice of the change of the polling place
440	involved shall be mailed, at least 14 days prior to an election,
441	to each registered elector or to each household in which there
442	is a registered elector.
443	Section 9. Effective upon this act becoming a law,
444	subsection (1) of section 102.012, Florida Statutes, is amended
445	to read:
446	102.012 Inspectors and clerks to conduct elections.-
447	(1)(a) The supervisor of elections of each county, at
448	least 20 days prior to the holding of any election, shall
449	appoint an election board comprised of poll workers who serve as
450	clerks or inspectors for each precinct in the county. The clerk
451	shall be in charge of, and responsible for, seeing that the
452	election board carries out its duties and responsibilities. Each
453	inspector and each clerk shall take and subscribe to an oath or
454	affirmation, which shall be written or printed, to the effect
455	that he or she will perform the duties of inspector or clerk of
456	election, respectively, according to law and will endeavor to
457	prevent all fraud, deceit, or abuse in conducting the election.
458	The oath may be taken before an officer authorized to administer
459	oaths or before any of the persons who are to act as inspectors,
460	one of them to swear the others, and one of the others sworn
461	thus, in turn, to administer the oath to the one who has not
462	been sworn. The oaths shall be returned with the poll list and
463	the returns of the election to the supervisor. In all questions
464	that may arise before the members of an election board, the
465	decision of a majority of them shall decide the question. The
466	supervisor of elections of each county shall be responsible for
467	the attendance and diligent performance of his or her duties by
468	each clerk and inspector.
469	(b) If two or more precincts share the same building and
470	voting place, the supervisor of elections may appoint one
471	election board for the collocated precincts. The supervisor
472	shall ensure that a sufficient number of poll workers are
473	appointed to adequately handle the processing of the voters in
474	the collocated precincts.
475	Section 10. Effective upon this act becoming a law,
476	section 102.111, Florida Statutes, is amended to read:
477	102.111 Elections Canvassing Commission.-
478	(1) The Elections Canvassing Commission shall consist of
479	the Governor and two members of the Cabinet selected by the
480	Governor, all of whom shall serve ex officio. If a member of the
481	Elections Canvassing commission is unable to serve for any
482	reason, the Governor shall appoint a remaining member of the
483	Cabinet. If there is a further vacancy, the remaining members of
484	the commission shall agree on another elected official to fill
485	the vacancy.
486	(2) The Elections Canvassing Commission shall meet at 9
487	a.m. on the 9th day after a primary election and at 9 a.m. on
488	the 14th day after a general election to, as soon as the
489	official results are compiled from all counties, certify the
490	returns of the election and determine and declare who has been
491	elected for each federal, state, and multicounty office. If a
492	member of a county canvassing board that was constituted
493	pursuant to s. 102.141 determines, within 5 days after the
494	certification by the Elections Canvassing Commission, that a
495	typographical error occurred in the official returns of the
496	county, the correction of which could result in a change in the
497	outcome of an election, the county canvassing board must certify
498	corrected returns to the Department of State within 24 hours,
499	and the Elections Canvassing Commission must correct and
500	recertify the election returns as soon as practicable.
501	(3)(2) The Division of Elections shall provide the staff
502	services required by the Elections Canvassing Commission.
503	Section 11. Effective upon this act becoming a law,
504	subsection (2) of section 102.112, Florida Statutes, is amended
505	to read:
506	102.112 Deadline for submission of county returns to the
507	Department of State.-
508	(2) Returns must be filed by 5 p.m. on the 7th day
509	following a primary election and by noon on the 12th day
510	following the general election. However, the Department of State
511	may correct typographical errors, including the transposition of
512	numbers, in any returns submitted to the Department of State
513	pursuant to s. 102.111(2) s. 102.111(1).
514	Section 12. Effective upon this act becoming a law,
515	subsections (2) and (7) of section 102.141, Florida Statutes,
516	are amended to read:
517	102.141 County canvassing board; duties.-
518	(2) The county canvassing board shall meet in a building
519	accessible to the public in the county where the election
520	occurred at a time and place to be designated by the supervisor
521	of elections to publicly canvass the absentee electors' ballots
522	as provided for in s. 101.68 and provisional ballots as provided
523	by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
524	pursuant to s. 101.049 shall be canvassed in a manner that votes
525	for candidates and issues on those ballots can be segregated
526	from other votes. Public notice of the time and place at which
527	the county canvassing board shall meet to canvass the absentee
528	electors' ballots and provisional ballots shall be given at
529	least 48 hours prior thereto by publication on the supervisor of
530	elections' website and once in one or more newspapers of general
531	circulation in the county or, if there is no newspaper of
532	general circulation in the county, by posting such notice in at
533	least four conspicuous places in the county. As soon as the
534	absentee electors' ballots and the provisional ballots are
535	canvassed, the board shall proceed to publicly canvass the vote
536	given each candidate, nominee, constitutional amendment, or
537	other measure submitted to the electorate of the county, as
538	shown by the returns then on file in the office of the
539	supervisor of elections and the office of the county court
540	judge.
541	(7) If the unofficial returns reflect that a candidate for
542	any office was defeated or eliminated by one-half of a percent
543	or less of the votes cast for such office, that a candidate for
544	retention to a judicial office was retained or not retained by
545	one-half of a percent or less of the votes cast on the question
546	of retention, or that a measure appearing on the ballot was
547	approved or rejected by one-half of a percent or less of the
548	votes cast on such measure, the board responsible for certifying
549	the results of the vote on such race or measure shall order a
550	recount shall be ordered of the votes cast with respect to such
551	office or measure. The Secretary of State Elections Canvassing
552	Commission is the board responsible for ordering recounts in
553	federal, state, and multicounty races recounts. The county
554	canvassing board or the local board responsible for certifying
555	the election is responsible for ordering recounts in all other
556	races. A recount need not be ordered with respect to the returns
557	for any office, however, if the candidate or candidates defeated
558	or eliminated from contention for such office by one-half of a
559	percent or less of the votes cast for such office request in
560	writing that a recount not be made.
561	(a) Each canvassing board responsible for conducting a
562	recount shall put each marksense ballot through automatic
563	tabulating equipment and determine whether the returns correctly
564	reflect the votes cast. If any marksense ballot is physically
565	damaged so that it cannot be properly counted by the automatic
566	tabulating equipment during the recount, a true duplicate shall
567	be made of the damaged ballot pursuant to the procedures in s.
568	101.5614(5). Immediately before the start of the recount, a test
569	of the tabulating equipment shall be conducted as provided in s.
570	101.5612. If the test indicates no error, the recount tabulation
571	of the ballots cast shall be presumed correct and such votes
572	shall be canvassed accordingly. If an error is detected, the
573	cause therefor shall be ascertained and corrected and the
574	recount repeated, as necessary. The canvassing board shall
575	immediately report the error, along with the cause of the error
576	and the corrective measures being taken, to the Department of
577	State. No later than 11 days after the election, the canvassing
578	board shall file a separate incident report with the Department
579	of State, detailing the resolution of the matter and identifying
580	any measures that will avoid a future recurrence of the error.
581	(b) Each canvassing board responsible for conducting a
582	recount where touchscreen ballots were used shall examine the
583	counters on the precinct tabulators to ensure that the total of
584	the returns on the precinct tabulators equals the overall
585	election return. If there is a discrepancy between the overall
586	election return and the counters of the precinct tabulators, the
587	counters of the precinct tabulators shall be presumed correct
588	and such votes shall be canvassed accordingly.
589	(c) The canvassing board shall submit on forms or in
590	formats provided by the division a second set of unofficial
591	returns to the Department of State for each federal, statewide,
592	state, or multicounty office or ballot measure. The returns
593	shall be filed no later than 3 p.m. on the 5th fifth day after
594	any primary election and no later than 3 p.m. on the 9th ninth
595	day after any general election in which a recount was ordered by
596	the Secretary of State conducted pursuant to this subsection. If
597	the canvassing board is unable to complete the recount
598	prescribed in this subsection by the deadline, the second set of
599	unofficial returns submitted by the canvassing board shall be
600	identical to the initial unofficial returns and the submission
601	shall also include a detailed explanation of why it was unable
602	to timely complete the recount. However, the canvassing board
603	shall complete the recount prescribed in this subsection, along
604	with any manual recount prescribed in s. 102.166, and certify
605	election returns in accordance with the requirements of this
606	chapter.
607	(d) The Department of State shall adopt detailed rules
608	prescribing additional recount procedures for each certified
609	voting system, which shall be uniform to the extent practicable.
610	Section 13. Effective upon this act becoming a law,
611	subsection (1) of section 102.166, Florida Statutes, is amended
612	to read:
613	102.166 Manual recounts of overvotes and undervotes.-
614	(1) If the second set of unofficial returns pursuant to s.
615	102.141 indicates that a candidate for any office was defeated
616	or eliminated by one-quarter of a percent or less of the votes
617	cast for such office, that a candidate for retention to a
618	judicial office was retained or not retained by one-quarter of a
619	percent or less of the votes cast on the question of retention,
620	or that a measure appearing on the ballot was approved or
621	rejected by one-quarter of a percent or less of the votes cast
622	on such measure, the board responsible for certifying the
623	results of the vote on such race or measure shall order a manual
624	recount of the overvotes and undervotes cast in the entire
625	geographic jurisdiction of such office or ballot measure shall
626	be ordered unless:. A manual recount may not be ordered,
627	however, if
628	(a) The candidate or candidates defeated or eliminated
629	from contention by one-quarter of 1 percent or less of the votes
630	cast for such office request in writing that a recount not be
631	made; or
632	(b) The number of overvotes and, undervotes, and
633	provisional ballots is fewer than the number of votes needed to
634	change the outcome of the election.
635
636	The Secretary of State is responsible for ordering a manual
637	recount for federal, state, and multicounty races. The county
638	canvassing board or local board responsible for certifying the
639	election is responsible for ordering a manual recount for all
640	other races.
641	Section 14. Subsections (4) and (7) of section 106.03,
642	Florida Statutes, are amended to read:
643	106.03 Registration of political committees.-
644	(4) Any change in information previously submitted in a
645	statement of organization shall be reported to the agency or
646	officer with whom the political such committee is registered
647	shall be reported required to register pursuant to subsection
648	(3), within 10 days after following the change.
649	(7) The Division of Elections shall adopt promulgate rules
650	to prescribe the manner in which inactive committees that fail
651	to file a report or information required pursuant to this
652	chapter or that fail to meet the criteria prescribed in s.
653	106.011 may be dissolved and have their registration canceled.
654	Such rules shall, at a minimum, provide for:
655	(a) Notice which shall contain the facts and conduct which
656	warrant the intended action, including but not limited to
657	failure to file reports and limited activity.
658	(b) Adequate opportunity to respond.
659	(c) Appeal of the decision to the Florida Elections
660	Commission. Such appeals shall be exempt from the
661	confidentiality provisions of s. 106.25.
662	Section 15. Subsection (4) of section 106.04, Florida
663	Statutes, is amended, present subsections (7) and (8) of that
664	section are amended and renumbered as subsections (8) and (9),
665	respectively, and a new subsection (7) is added to that section,
666	to read:
667	106.04 Committees of continuous existence.-
668	(4)(a) Each committee of continuous existence shall file
669	an annual report with the Division of Elections during the month
670	of January. Such annual reports shall contain the same
671	information and shall be accompanied by the same materials as
672	original applications filed pursuant to subsection (2). However,
673	the charter or bylaws need not be filed if the annual report is
674	accompanied by a sworn statement by the chair that no changes
675	have been made to such charter or bylaws since the last filing.
676	(b)1. Each committee of continuous existence shall file
677	regular reports with the Division of Elections pursuant to s.
678	106.0705 at the same times and subject to the same filing
679	conditions as are established by s. 106.07(1) and (2) for
680	candidates' reports. In addition, when a special election is
681	called to fill a vacancy in office, all committees of continuous
682	existence making contributions or expenditures to influence the
683	results of the special election or the preceding special primary
684	election must file campaign treasurers' reports with the filing
685	officer on the dates set by the Department of State pursuant to
686	s. 100.111.
687	2. A committee of continuous existence that makes a
688	contribution or an expenditure in connection with a county or
689	municipal election that is not being held at the same time as a
690	state or federal election must also file campaign finance
691	reports with the county or municipal filing officer on the same
692	dates as county or municipal candidates or committees for that
693	election. The committee of continuous existence must include the
694	contribution or expenditure in the next report filed with the
695	Division of Elections pursuant to this section after the county
696	or municipal election.
697	3.2. Any committee of continuous existence failing to so
698	file a report with the Division of Elections or applicable
699	filing officer pursuant to this paragraph on the designated due
700	date shall be subject to a fine for late filing as provided by
701	this section.
702	(c) All committees of continuous existence shall file
703	their reports with the Division of Elections. Reports filed
704	pursuant to paragraph (b) must shall be filed in accordance with
705	s. 106.0705 and shall contain the following information:
706	1. The full name, address, and occupation of each person
707	who has made one or more contributions, including contributions
708	that represent the payment of membership dues, to the committee
709	during the reporting period, together with the amounts and dates
710	of such contributions. For corporations, the report must provide
711	as clear a description as practicable of the principal type of
712	business conducted by the corporation. However, if the
713	contribution is $100 or less, the occupation of the contributor
714	or principal type of business need not be listed. However, for
715	any contributions that represent the payment of dues by members
716	in a fixed amount aggregating no more than $250 per calendar
717	year, pursuant to the schedule on file with the Division of
718	Elections, only the aggregate amount of such contributions need
719	be listed, together with the number of members paying such dues
720	and the amount of the membership dues.
721	2. The name and address of each political committee or
722	committee of continuous existence from which the reporting
723	committee received, or the name and address of each political
724	committee, committee of continuous existence, or political party
725	to which it made, any transfer of funds, together with the
726	amounts and dates of all transfers.
727	3. Any other receipt of funds not listed pursuant to
728	subparagraph 1. or subparagraph 2., including the sources and
729	amounts of all such funds.
730	4. The name and address of, and office sought by, each
731	candidate to whom the committee has made a contribution during
732	the reporting period, together with the amount and date of each
733	contribution.
734	5. The full name and address of each person to whom
735	expenditures have been made by or on behalf of the committee
736	within the reporting period; the amount, date, and purpose of
737	each such expenditure; and the name and address, and office
738	sought by, each candidate on whose behalf such expenditure was
739	made.
740	6. The full name and address of each person to whom an
741	expenditure for personal services, salary, or reimbursement for
742	authorized expenses has been made, including the full name and
743	address of each entity to whom the person made payment for which
744	reimbursement was made by check drawn upon the committee
745	account, together with the amount and purpose of such payment.
746	7. Transaction information from each credit card purchase
747	statement that will be included in the next report following
748	receipt thereof by the committee. Receipts for each credit card
749	purchase shall be retained by the treasurer with the records for
750	the committee account.
751	8. The total sum of expenditures made by the committee
752	during the reporting period.
753	(d) The treasurer of each committee shall certify as to
754	the correctness of each report and shall bear the responsibility
755	for its accuracy and veracity. Any treasurer who willfully
756	certifies to the correctness of a report while knowing that such
757	report is incorrect, false, or incomplete commits a misdemeanor
758	of the first degree, punishable as provided in s. 775.082 or s.
759	775.083.
760	(7) Any change in information previously submitted to the
761	division must be reported within 10 days after the change.
762	(8)(7) If a committee of continuous existence ceases to
763	meet the criteria prescribed by subsection (1) or fails to file
764	a report or information required pursuant to this chapter, the
765	Division of Elections shall revoke its certification until such
766	time as the criteria are again met. The Division of Elections
767	shall adopt promulgate rules to prescribe the manner in which
768	the such certification of a committee of continuous existence
769	shall be revoked. Such rules shall, at a minimum, provide for:
770	(a) Notice, which must shall contain the facts and conduct
771	that warrant the intended action.
772	(b) Adequate opportunity to respond.
773	(c) Appeal of the decision to the Florida Elections
774	Commission. Such appeals are shall be exempt from the
775	confidentiality provisions of s. 106.25.
776	(9)(8)(a) Any committee of continuous existence failing to
777	file a report on the designated due date is shall be subject to
778	a fine. The fine shall be $50 per day for the first 3 days late
779	and, thereafter, $500 per day for each late day, not to exceed
780	25 percent of the total receipts or expenditures, whichever is
781	greater, for the period covered by the late report. However, for
782	the reports immediately preceding each primary and general
783	election, including a special primary election and a special
784	general election, the fine shall be $500 per day for each late
785	day, not to exceed 25 percent of the total receipts or
786	expenditures, whichever is greater, for the period covered by
787	the late report. The fine shall be assessed by the filing
788	officer, and the moneys collected shall be deposited:
789	1. In the General Revenue Fund, in the case of fines
790	collected by the Division of Elections.
791	2. In the general revenue fund of the political
792	subdivision, in the case of fines collected by a county or
793	municipal filing officer No separate fine shall be assessed for
794	failure to file a copy of any report required by this section.
795	(b) Upon determining that a report is late, the filing
796	officer shall immediately notify the treasurer of the committee
797	or the committee's registered agent as to the failure to file a
798	report by the designated due date and that a fine is being
799	assessed for each late day. Upon receipt of the report, the
800	filing officer shall determine the amount of fine which is due
801	and shall notify the treasurer of the committee. Notice is
802	deemed sufficient upon proof of delivery of written notice to
803	the mailing or street address on record with the filing officer.
804	The filing officer shall determine the amount of the fine due
805	based upon the earliest of the following:
806	1. When the report is actually received by such officer.
807	2. When the report is postmarked.
808	3. When the certificate of mailing is dated.
809	4. When the receipt from an established courier company is
810	dated.
811
812	Such fine shall be paid to the filing officer within 20 days
813	after receipt of the notice of payment due, unless appeal is
814	made to the Florida Elections Commission pursuant to paragraph
815	(c). An officer or member of a committee is shall not be
816	personally liable for such fine.
817	(c) Any treasurer of a committee may appeal or dispute the
818	fine, based upon unusual circumstances surrounding the failure
819	to file on the designated due date, and may request and is shall
820	be entitled to a hearing before the Florida Elections
821	Commission, which may shall have the authority to waive the fine
822	in whole or in part. Any such request must shall be made within
823	20 days after receipt of the notice of payment due. In such
824	case, the treasurer of The committee shall file a copy of the
825	appeal with, within the 20-day period, notify the filing officer
826	in writing of his or her intention to bring the matter before
827	the commission.
828	(d) The filing officer shall notify the Florida Elections
829	Commission of the repeated late filing by a committee of
830	continuous existence, the failure of a committee of continuous
831	existence to file a report after notice, or the failure to pay
832	the fine imposed.
833	Section 16. Paragraph (b) of subsection (2), subsections
834	(3) and (4), and paragraph (b) of subsection (8) of section
835	106.07, Florida Statutes, are amended to read:
836	106.07 Reports; certification and filing.-
837	(2)
838	(b)1. Any report which is deemed to be incomplete by the
839	officer with whom the candidate qualifies shall be accepted on a
840	conditional basis., and The campaign treasurer shall be notified
841	by certified registered mail, or other common carrier that can
842	establish proof of delivery for the notice, as to why the report
843	is incomplete. and Within 7 be given 3 days after from receipt
844	of such notice, the campaign treasurer must to file an addendum
845	to the report providing all information necessary to complete
846	the report in compliance with this section. Failure to file a
847	complete report after such notice constitutes a violation of
848	this chapter.
849	2. Notice is deemed sufficient upon proof of delivery of
850	written notice to the mailing or street address of the campaign
851	treasurer or registered agent on record with the filing officer.
852	In lieu of the notice by registered mail as required in
853	subparagraph 1., the qualifying officer may notify the campaign
854	treasurer by telephone that the report is incomplete and request
855	the information necessary to complete the report. If, however,
856	such information is not received by the qualifying officer
857	within 3 days after the telephone request therefor, notice shall
858	be sent by registered mail as provided in subparagraph 1.
859	(3)(a) Reports required of a political committee shall be
860	filed with the agency or officer before whom such committee
861	registers pursuant to s. 106.03(3) and shall be subject to the
862	same filing conditions as established for candidates' reports.
863	Incomplete reports by political committees shall be treated in
864	the manner provided for incomplete reports by candidates in
865	subsection (2).
866	(b) In addition to the reports required by paragraph (a),
867	a political committee that is registered with the Department of
868	State and that makes a contribution or expenditure in connection
869	with a county or municipal election that is not being held at
870	the same time as a state or federal election must file campaign
871	finance reports with the county or municipal filing officer on
872	the same dates as county or municipal candidates or committees
873	for that election. The political committee must also include the
874	contribution or expenditure in the next report filed with the
875	Division of Elections pursuant to this section following the
876	county or municipal election.
877	(4)(a) Each report required by this section must shall
878	contain:
879	1. The full name, address, and occupation, if any of each
880	person who has made one or more contributions to or for such
881	committee or candidate within the reporting period, together
882	with the amount and date of such contributions. For
883	corporations, the report must provide as clear a description as
884	practicable of the principal type of business conducted by the
885	corporation. However, if the contribution is $100 or less or is
886	from a relative, as defined in s. 112.312, provided that the
887	relationship is reported, the occupation of the contributor or
888	the principal type of business need not be listed.
889	2. The name and address of each political committee from
890	which the reporting committee or the candidate received, or to
891	which the reporting committee or candidate made, any transfer of
892	funds, together with the amounts and dates of all transfers.
893	3. Each loan for campaign purposes to or from any person
894	or political committee within the reporting period, together
895	with the full names, addresses, and occupations, and principal
896	places of business, if any, of the lender and endorsers, if any,
897	and the date and amount of such loans.
898	4. A statement of each contribution, rebate, refund, or
899	other receipt not otherwise listed under subparagraphs 1.
900	through 3.
901	5. The total sums of all loans, in-kind contributions, and
902	other receipts by or for such committee or candidate during the
903	reporting period. The reporting forms shall be designed to
904	elicit separate totals for in-kind contributions, loans, and
905	other receipts.
906	6. The full name and address of each person to whom
907	expenditures have been made by or on behalf of the committee or
908	candidate within the reporting period; the amount, date, and
909	purpose of each such expenditure; and the name and address of,
910	and office sought by, each candidate on whose behalf such
911	expenditure was made. However, expenditures made from the petty
912	cash fund provided by s. 106.12 need not be reported
913	individually.
914	7. The full name and address of each person to whom an
915	expenditure for personal services, salary, or reimbursement for
916	authorized expenses as provided in s. 106.021(3) has been made
917	and which is not otherwise reported, including the amount, date,
918	and purpose of such expenditure. However, expenditures made from
919	the petty cash fund provided for in s. 106.12 need not be
920	reported individually.
921	8. The total amount withdrawn and the total amount spent
922	for petty cash purposes pursuant to this chapter during the
923	reporting period.
924	9. The total sum of expenditures made by such committee or
925	candidate during the reporting period.
926	10. The amount and nature of debts and obligations owed by
927	or to the committee or candidate, which relate to the conduct of
928	any political campaign.
929	11. Transaction information for each credit card purchase.
930	A copy of each credit card statement which shall be included in
931	the next report following receipt thereof by the candidate or
932	political committee. Receipts for each credit card purchase
933	shall be retained by the treasurer with the records for the
934	campaign account.
935	12. The amount and nature of any separate interest-bearing
936	accounts or certificates of deposit and identification of the
937	financial institution in which such accounts or certificates of
938	deposit are located.
939	13. The primary purposes of an expenditure made indirectly
940	through a campaign treasurer pursuant to s. 106.021(3) for goods
941	and services such as communications media placement or
942	procurement services, campaign signs, insurance, and other
943	expenditures that include multiple components as part of the
944	expenditure. The primary purpose of an expenditure shall be that
945	purpose, including integral and directly related components,
946	that comprises 80 percent of such expenditure.
947	(b) The filing officer shall make available to any
948	candidate or committee a reporting form which the candidate or
949	committee may use to indicate contributions received by the
950	candidate or committee but returned to the contributor before
951	deposit.
952	(8)
953	(b) Upon determining that a report is late, the filing
954	officer shall immediately notify the candidate or chair of the
955	political committee as to the failure to file a report by the
956	designated due date and that a fine is being assessed for each
957	late day. The fine shall be $50 per day for the first 3 days
958	late and, thereafter, $500 per day for each late day, not to
959	exceed 25 percent of the total receipts or expenditures,
960	whichever is greater, for the period covered by the late report.
961	However, for the reports immediately preceding each primary and
962	general election, the fine shall be $500 per day for each late
963	day, not to exceed 25 percent of the total receipts or
964	expenditures, whichever is greater, for the period covered by
965	the late report. For reports required under s. 106.141(7), the
966	fine is $50 per day for each late day, not to exceed 25 percent
967	of the total receipts or expenditures, whichever is greater, for
968	the period covered by the late report. Upon receipt of the
969	report, the filing officer shall determine the amount of the
970	fine which is due and shall notify the candidate or chair or
971	registered agent of the political committee. The filing officer
972	shall determine the amount of the fine due based upon the
973	earliest of the following:
974	1. When the report is actually received by such officer.
975	2. When the report is postmarked.
976	3. When the certificate of mailing is dated.
977	4. When the receipt from an established courier company is
978	dated.
979	5. When the electronic receipt issued pursuant to s.
980	106.0705 or other electronic filing system authorized in this
981	section is dated.
982
983	Such fine shall be paid to the filing officer within 20 days
984	after receipt of the notice of payment due, unless appeal is
985	made to the Florida Elections Commission pursuant to paragraph
986	(c). Notice is deemed sufficient upon proof of delivery of
987	written notice to the mailing or street address on record with
988	the filing officer. In the case of a candidate, such fine shall
989	not be an allowable campaign expenditure and shall be paid only
990	from personal funds of the candidate. An officer or member of a
991	political committee shall not be personally liable for such
992	fine.
993	Section 17. Subsection (3) of section 106.0705, Florida
994	Statutes, is amended to read:
995	106.0705 Electronic filing of campaign treasurer's
996	reports.-
997	(3) Reports filed pursuant to this section shall be
998	completed and filed through the electronic filing system not
999	later than midnight of the day designated. Reports not filed by
1000	midnight of the day designated are late filed and are subject to
1001	the penalties under s. 106.04(9) s. 106.04(8), s. 106.07(8), or
1002	s. 106.29(3), as applicable.
1003	Section 18. Subsection (6) is added to section 106.11,
1004	Florida Statutes, to read:
1005	106.11 Expenses of and expenditures by candidates and
1006	political committees.-Each candidate and each political
1007	committee which designates a primary campaign depository
1008	pursuant to s. 106.021(1) shall make expenditures from funds on
1009	deposit in such primary campaign depository only in the
1010	following manner, with the exception of expenditures made from
1011	petty cash funds provided by s. 106.12:
1012	(6) A candidate who made a loan to his or her campaign and
1013	reported the loan as required by s. 106.07 may be reimbursed for
1014	the loan at any time the campaign account has sufficient funds
1015	to repay the loan and satisfy its other obligations.
1016	Section 19. Subsections (1) and (2) of section 106.143,
1017	Florida Statutes, are amended to read:
1018	106.143 Political advertisements circulated prior to
1019	election; requirements.-
1020	(1)(a) Any political advertisement that is paid for by a
1021	candidate and that is published, displayed, or circulated prior
1022	to, or on the day of, any election must prominently state:
1023	"Political advertisement paid for and approved by ...(name of
1024	candidate)..., ...(party affiliation)..., for ...(office
1025	sought)...." or "Pol. adv. pd. for and approved by ...(name of
1026	candidate)..., ...(party affiliation)..., for ...(office
1027	sought)...." A candidate seeking nonpartisan office shall omit
1028	the reference to party affiliation in all disclaimers.
1029	(b) Any other political advertisement published,
1030	displayed, or circulated prior to, or on the day of, any
1031	election must prominently:
1032	1. Be marked "paid political advertisement" or with the
1033	abbreviation "pd. pol. adv."
1034	2. State the name and address of the persons sponsoring
1035	the advertisement.
1036	3.a.(I) State whether the advertisement and the cost of
1037	production is paid for or provided in kind by or at the expense
1038	of the entity publishing, displaying, broadcasting, or
1039	circulating the political advertisement; or
1040	(II) State who provided or paid for the advertisement and
1041	cost of production, if different from the source of sponsorship.
1042	b. This subparagraph does not apply if the source of the
1043	sponsorship is patently clear from the content or format of the
1044	political advertisement.
1045	(c) Any political advertisement made pursuant to s.
1046	106.021(3)(d) must be marked "paid political advertisement" or
1047	with the abbreviation "pd. pol. adv." and must prominently
1048	state, "Paid for and sponsored by ...(name of person paying for
1049	political advertisement).... Approved by ...(names of persons,
1050	party affiliation, and offices sought in the political
1051	advertisement)...."
1052
1053	This subsection does not apply to campaign messages used by a
1054	candidate and the candidate's supporters if those messages are
1055	designed to be worn by a person.
1056	(2) Any political advertisement of a candidate running for
1057	partisan office shall express the name of the political party of
1058	which the candidate is seeking nomination or is the nominee. If
1059	the candidate for partisan office is running as a candidate with
1060	no party affiliation, any political advertisement of the
1061	candidate must state that the candidate has no party
1062	affiliation. A candidate running for a nonpartisan office must
1063	exclude the candidate's political party affiliation from any
1064	political advertisement.
1065	Section 20. Paragraph (b) of subsection (3) of section
1066	106.29, Florida Statutes, is amended to read:
1067	106.29 Reports by political parties; restrictions on
1068	contributions and expenditures; penalties.-
1069	(3)
1070	(b) Upon determining that a report is late, the filing
1071	officer shall immediately notify the chair of the executive
1072	committee as to the failure to file a report by the designated
1073	due date and that a fine is being assessed for each late day.
1074	The fine shall be $1,000 for a state executive committee, and
1075	$50 for a county executive committee, per day for each late day,
1076	not to exceed 25 percent of the total receipts or expenditures,
1077	whichever is greater, for the period covered by the late report.
1078	However, if an executive committee fails to file a report on the
1079	Friday immediately preceding the general election, the fine
1080	shall be $10,000 per day for each day a state executive
1081	committee is late and $500 per day for each day a county
1082	executive committee is late. Upon receipt of the report, the
1083	filing officer shall determine the amount of the fine which is
1084	due and shall notify the chair. Notice is deemed sufficient upon
1085	proof of delivery of written notice to the mailing or street
1086	address on record with the filing officer. The filing officer
1087	shall determine the amount of the fine due based upon the
1088	earliest of the following:
1089	1. When the report is actually received by such officer.
1090	2. When the report is postmarked.
1091	3. When the certificate of mailing is dated.
1092	4. When the receipt from an established courier company is
1093	dated.
1094	5. When the electronic receipt issued pursuant to s.
1095	106.0705 is dated.
1096
1097	Such fine shall be paid to the filing officer within 20 days
1098	after receipt of the notice of payment due, unless appeal is
1099	made to the Florida Elections Commission pursuant to paragraph
1100	(c). An officer or member of an executive committee shall not be
1101	personally liable for such fine.
1102	Section 21. Subsection (11) of section 379.352, Florida
1103	Statutes, is amended to read:
1104	379.352 Recreational licenses, permits, and authorization
1105	numbers to take wild animal life, freshwater aquatic life, and
1106	marine life; issuance; costs; reporting.-
1107	(11) When acting in its official capacity pursuant to this
1108	section, neither the commission nor a subagent is deemed a
1109	third-party registration organization, as defined in s.
1110	97.021(37) s. 97.021(36), or a voter registration agency, as
1111	defined in s. 97.021(41) 97.021(40), and is not authorized to
1112	solicit, accept, or collect voter registration applications or
1113	provide voter registration services.
1114	Section 22. Except as otherwise expressly provided in this
1115	act and except for this section, which shall take effect upon
1116	this act becoming a law, this act shall take effect January 1,
1117	2011.

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