Bill Text: FL H1355 | 2011 | Regular Session | Engrossed

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Bill Title: Elections

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-05 - In returning messages [H1355 Detail]

Download: Florida-2011-H1355-Engrossed.html

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CS/CS/HB 1355

1	A bill to be entitled
2	An act relating to elections; amending s. 97.012, F.S.;
3	expanding the list of responsibilities of the Secretary of
4	State when acting in his or her capacity as chief election
5	officer; amending s. 97.021, F.S.; redefining the term
6	"minor political party"; amending s. 97.025, F.S.;
7	replacing a requirement for the Department of State to
8	print copies of a pamphlet containing the Election Code
9	with a requirement that the pamphlet be made available;
10	amending s. 97.0575, F.S.; requiring that third-party
11	voter registration organizations register with the
12	Division of Elections and provide the division with
13	certain information; requiring that the division or a
14	supervisor of elections make voter registration forms
15	available to third-party voter registration organizations;
16	requiring that such forms contain certain information;
17	requiring that the division maintain a database of certain
18	information; requiring supervisors of elections to provide
19	specified information to the division in a format and at
20	times required by the division; requiring that such
21	information be updated and made public daily at a
22	specified time; requiring third-party voter registration
23	organizations to deliver collected voter registration
24	applications within a specified period; revising penalty
25	provisions to conform; specifying grounds for an
26	affirmative defense to a violation of timely submission
27	requirements; providing for the referral of violations to
28	the Attorney General; authorizing the Attorney General to
29	initiate a civil action; providing that an action for
30	relief may include a permanent or temporary injunction, a
31	restraining order, or any other appropriate order;
32	requiring that the division adopt rules for specified
33	purposes; providing for retroactive application of certain
34	requirements applicable to third-party voter registration
35	organizations; deleting provisions providing for fines to
36	be in addition to criminal penalties; deleting provisions
37	providing a continuing appropriation of the proceeds of
38	fines; amending s. 97.071, F.S.; requiring that voter
39	information cards contain the address of the polling place
40	of the registered voter; requiring a supervisor of
41	elections to issue a new voter information card to a voter
42	upon a change in a voter's address of legal residence or a
43	change in a voter's polling place address; providing
44	instructions for implementation by the supervisors of
45	elections; amending s. 97.073, F.S.; requiring a
46	supervisor to notify an applicant within 5 business days
47	regarding disposition of the voter registration
48	applications; amending s. 97.1031, F.S.; revising the
49	methods by which a person must update his or her voter
50	registration due to a change of address; revising
51	procedures for an elector to change his or her party
52	affiliation; requiring an elector to notify the supervisor
53	of elections when the elector changes his or her name;
54	amending s. 98.075, F.S.; revising procedures for the
55	removal of deceased persons and other potentially
56	ineligible persons from the statewide voter registration
57	system; amending s. 98.093, F.S.; revising requirements
58	for the Department of Corrections to provide the
59	Department of State with information relating to convicted
60	felons; requiring the Florida Parole Commission to
61	regularly furnish data to the Department of State relating
62	to persons who have been granted clemency; amending s.
63	98.0981, F.S.; providing timeframes and formats for voting
64	history information to be sent by the supervisors of
65	elections to the department; providing timeframes and
66	formats for voting history information to be sent by the
67	department to the President of the Senate, the Speaker of
68	the House of Representatives, and the respective minority
69	leaders; requiring submission of precinct-level
70	information in a certain format by a time certain;
71	amending s. 99.012, F.S., relating to restrictions on
72	individuals qualifying for public office; providing that
73	if a final court order determines that a person did not
74	comply with specified provisions, the person is not
75	qualified as a candidate and his or her name may not
76	appear on ballot; providing for nonapplicability to
77	presidential and vice presidential candidates; amending s.
78	99.021, F.S.; revising the candidate oath requirement for
79	a person seeking to qualify for nomination or election or
80	as a candidate of a political party; removing a
81	requirement for the qualifying officer to provide a
82	printed copy of the candidate oath; removing a requirement
83	for taking the public employee oath; clarifying that
84	candidates for Unites States President and Vice President
85	need not subscribe certain oaths; correcting references
86	for other oaths; amending s. 99.061, F.S.; revising the
87	timeframe for a candidate to pay a qualifying fee under
88	certain circumstances; requiring checks to be payable as
89	prescribed by the filing officer; requiring signatures on
90	certain oaths to be verified; removing a requirement for a
91	public employee oath; requiring the filing of a verified
92	notarized financial disclosure statement; clarifying the
93	time for qualifying papers to be received; providing that
94	the qualifying officer performs a ministerial duty only;
95	exempting a decision by the qualifying officer from the
96	Administrative Procedure Act; amending s. 99.063, F.S.;
97	requiring a candidate's oath to be verified; deleting a
98	requirement for a candidate to file a loyalty oath with
99	the Department of State by a certain date; amending s.
100	99.092, F.S.; providing for the transfer of the election
101	assessment to the Elections Commission Trust Fund;
102	amending s. 99.093, F.S.; providing for the election
103	assessments paid by a person seeking to qualify for a
104	municipal office to be forwarded by the qualifying officer
105	to the Florida Elections Commission; amending s. 99.095,
106	F.S.; allowing a candidate to obtain the required number
107	of signatures from any registered voter regardless of
108	district boundaries in a year of apportionment; amending
109	s. 99.097, F.S.; providing for the Department of State to
110	adopt rules to verify petitions through random sampling;
111	creating exceptions for certain petitions from the
112	authorization to use random sampling to verify petitions;
113	revising criteria that a supervisor of elections must use
114	to determine whether a petition may be counted as valid;
115	providing that an exemption from paying fees to verify
116	petitions does not apply if a person has been paid to
117	solicit signatures; providing that contributions received
118	after the filing of an undue burden oath must first be
119	used to pay fees for verifying petitions; amending s.
120	100.061, F.S.; increasing the time period between a
121	primary election and a general election; amending s.
122	100.101, F.S.; conforming a provision to changes made by
123	the act; amending s. 100.111, F.S.; deleting provisions
124	relating to vacancies in a state or county office because
125	an incumbent qualified as a candidate for federal office;
126	providing for a filing officer, rather than the Department
127	of State, to notify a political party that it may nominate
128	a person for office if certain events cause the party to
129	have a vacancy in nomination; revising provisions relating
130	to the filling of a vacancy in a nomination; deleting a
131	defined term; providing that a vacancy in nomination is
132	not created as the result of certain court orders;
133	amending s. 100.371, F.S.; deleting provisions relating to
134	a right to revoke a signature on an initiative petition;
135	reducing the time period for which a signed and dated
136	initiative petition form is valid; requiring an initiative
137	sponsor to submit an initiative form to the supervisor of
138	elections for the county of residence of the person
139	signing the form for verification; providing procedures
140	for misfiled petitions; revising criteria for a supervisor
141	of elections to verify a signature on an initiative
142	petition form; deleting provisions relating to petition
143	signature revocations; amending s. 101.001, F.S.;
144	requiring the supervisors of elections to provide the
145	department with precinct data including specified
146	information; requiring the department to maintain a
147	searchable database containing certain precinct and census
148	block information; requiring supervisors of elections to
149	notify the department of precinct changes within a
150	specified time; deleting a waiver; amending s. 101.043,
151	F.S.; replacing references to the word "voter" with
152	"elector"; providing that the address on an elector's
153	identification may not be used to confirm or challenge an
154	elector's legal residence; providing that the elector may
155	not be asked to provide additional information or to
156	recite his or her home address under certain
157	circumstances; amending s. 101.045, F.S.; permitting a
158	change of residence at the polling place for a person
159	changing residence within a county; providing that a
160	person whose change of address is from outside the county
161	may not change his or her legal residence at the polling
162	place or vote a regular ballot but may vote a provisional
163	ballot; providing an exception; amending s. 101.131, F.S.;
164	revising procedures for the designation of poll watchers;
165	requiring that the Division of Elections prescribe a form
166	for the designation of poll watchers; providing conditions
167	under which poll watchers are authorized to enter polling
168	areas and watch polls; requiring that a supervisor of
169	elections provide identification to poll watchers by a
170	specified period before early voting begins; requiring
171	that poll watchers display such identification while in a
172	polling place; amending s. 101.151, F.S.; authorizing the
173	use of ballot-on-demand technology to produce election-day
174	ballots; deleting a requirement that the use of such
175	technology be authorized in writing by the Secretary of
176	State; revising provisions relating to ballot headings and
177	the order of candidates appearing on a ballot; amending s.
178	101.161, F.S.; requiring the Department of State to
179	provide the supervisors of elections either a ballot
180	summary to a joint resolution to amend the State
181	Constitution or the full text of the amendment or revision
182	if a ballot summary is not included in the joint
183	resolution; providing that a joint resolution may include
184	multiple ballot statements set forth in order of priority;
185	providing requirements for ballot statements; detailing
186	responsibilities of the Department of State with respect
187	to providing ballot information to supervisors of
188	elections; prescribing the styling of ballot statements;
189	specifying a time period and procedures to initiate an
190	action to challenge an amendment to the State Constitution
191	proposed by the Legislature; requiring the court,
192	including an appellate court, to accord the case priority
193	over other cases; requiring the Attorney General to revise
194	a ballot title or ballot summary for an amendment proposed
195	by the Legislature under certain circumstances; providing
196	a 10-day deadline and procedures for challenging revised
197	ballot titles or summaries; requiring the Department of
198	State to forward modified ballot language to supervisors
199	of elections; creating a presumption of validity of a
200	ballot statement that contains the full text of an
201	amendment or revision; providing for retroactive
202	application of the amendments to s. 101.161, F.S.;
203	amending s. 101.5605, F.S.; requiring an electromechanical
204	voting system to satisfy the standards for certification
205	adopted by rule of the Department of State; amending s.
206	101.5606, F.S.; deleting requirements for
207	electromechanical voting systems to have the capability to
208	produce precinct totals in marked or punched form;
209	amending s. 101.56075, F.S.; providing that all voting
210	systems utilized after a certain time shall permit
211	placement on the ballot of the full text of a
212	constitutional amendment or revision; amending s.
213	101.5612, F.S.; revising the sample size of
214	electromechanical voting systems that include the
215	electronic or electromechanical tabulation devices to be
216	tested; amending s. 101.5614, F.S.; deleting provisions
217	relating to the use of ballot cards and write-in ballots
218	or envelopes; amending s. 101.591, F.S.; removing the
219	audit requirement by the canvassing board if a manual
220	recount is undertaken; amending s. 101.62, F.S.; extending
221	the validity of an absentee ballot request to include all
222	elections to the end of the calendar year of the second
223	ensuing regularly scheduled general election; revising the
224	timeframe for supervisors to electronically update
225	absentee ballot request information; specifying types of
226	elections for which a supervisor of elections must send an
227	absentee ballot to uniformed services voters and overseas
228	voters; specifying a time period during which a supervisor
229	of elections must begin mailing absentee ballots; removing
230	requirements that an elector provide certain information
231	when requesting an absentee ballot from the county
232	supervisor of elections; amending s. 101.65, F.S.;
233	revising the form of the instructions to absent electors;
234	stating that an absentee ballot is considered illegal if
235	the signature on the voter's certificate does not match
236	the signature on record; providing instructions for
237	updating a signature on a voter registration application;
238	amending s. 101.657, F.S.; requiring the supervisor of
239	elections to provide to the division the address and hours
240	of operation of early voting sites; reducing the early
241	voting period for elections with state or federal races;
242	removing timetables with respect to early voting in
243	special elections; removing restrictions with respect to
244	daily hours of operation of early voting sites;
245	authorizing a supervisor of elections to provide early
246	voting for elections not held in conjunction with a state
247	or federal election; amending s. 101.68, F.S.; extending
248	the time for canvassing and processing absentee ballots to
249	15 days before the election; amending s. 101.6923, F.S.;
250	revising the form of the special absentee ballot
251	instructions for certain first-time voters; stating that
252	an absentee ballot is considered illegal if the signature
253	on the voter's certificate does not match the signature on
254	record; providing instructions for updating a signature on
255	a voter registration application; amending s. 101.75,
256	F.S.; deleting a requirement for the dates of the
257	qualifying period for certain municipal elections to run
258	for no less than 14 days; amending s. 102.141, F.S.;
259	requiring the canvassing board to report all early voting
260	and all tabulated absentee results to the department by a
261	time certain; requiring periodic updates; amending s.
262	102.168, F.S.; revising provisions specifying
263	indispensable parties in a contest of an election;
264	providing that in an election contest involving the review
265	of a signature on an absentee ballot by a canvassing
266	board, a circuit court may not review or consider evidence
267	other than the signature on the voter's certificate and
268	the elector's signatures in the registration records;
269	providing for the reversal of the determination by the
270	canvassing board if the court determines that the board
271	abused its discretion; amending s. 103.021, F.S.; revising
272	a definition; creating s. 103.095, F.S.; providing a
273	procedure for the registration of a minor political party;
274	requiring the Division of Elections to adopt rules to
275	prescribe the manner in which political parties may have
276	their filings cancelled; amending s. 103.101, F.S.;
277	creating a Presidential Preference Primary Date Selection
278	Committee; providing membership; requiring for the
279	committee to meet by a date certain and to set a date for
280	the presidential preference primary; modifying timing
281	requirements with respect to the number and selection of
282	delegates for presidential preference primary candidates;
283	deleting certain requirements governing party rules
284	involving such delegates; amending s. 103.141, F.S.;
285	revising procedures for the removal of an officer, county
286	committeeman, county committeewoman, precinct
287	committeeman, precinct committeewoman, or member of a
288	county executive committee; repealing s. 103.161, F.S.,
289	which relates to the removal or suspension of officers or
290	members of a state or county executive committee; amending
291	s. 104.29, F.S.; revising provisions authorizing persons
292	to view whether ballots are being correctly reconciled;
293	amending s. 105.031, F.S.; revising the oath for
294	candidates for judicial office; amending s. 106.011, F.S.;
295	revising the definitions of the terms "contribution,"
296	"independent expenditure," "unopposed candidate," and
297	"candidate"; conforming a cross-reference to changes made
298	by the act; amending s. 106.021, F.S.; deleting
299	requirements to report the address of certain persons
300	receiving a reimbursement by a check drawn on a campaign
301	account; amending s. 106.022, F.S.; requiring a political
302	committee, committee of continuous existence, or
303	electioneering communications organization to file a
304	statement of appointment with the filing officer rather
305	than with the Division of Elections; authorizing an entity
306	to change its appointment of registered agent or
307	registered office by filing a written statement with the
308	filing officer; requiring a registered agent who resigns
309	to execute a written statement of resignation and file it
310	with the filing officer; amending s. 106.023, F.S.;
311	revising the form of the statement of candidate to require
312	a candidate to acknowledge that he or she has been
313	provided access to and understands the requirements of ch.
314	106, F.S.; amending s. 106.025, F.S.; exempting tickets or
315	advertising for a campaign fundraiser from requirements of
316	s. 106.143, F.S.; amending s. 106.03, F.S.; revising
317	requirements for groups making expenditures for
318	electioneering communications to file a statement of
319	organization; amending s. 106.04, F.S.; transferring a
320	requirement that certain committees of continuous
321	existence file campaign finance reports in special
322	elections; subjecting a committee of continuous existence
323	that fails to file a report or to timely file a report
324	with the Division of Elections or a county or municipal
325	filing officer to a fine; requiring a committee of
326	continuous existence to include transaction information
327	from credit card purchases in a report filed with the
328	Division of Elections; requiring a committee of continuous
329	existence to report changes in information previously
330	reported to the Division of Elections within 10 days after
331	the change; requiring the Division of Elections to revoke
332	the certification of a committee of continuous existence
333	that fails to file or report certain information;
334	requiring the division to adopt rules to prescribe the
335	manner in which the certification is revoked; increasing
336	the amount of a fine to be levied on a committee of
337	continuous existence that fails to timely file certain
338	reports; providing for the deposit of the proceeds of the
339	fines; including the registered agent of a committee of
340	continuous existence as a person whom the filing officer
341	may notify that a report has not been filed; providing
342	criteria for deeming delivery complete of a notice of
343	fine; requiring a committee of continuous existence that
344	appeals a fine to provide a copy of the appeal with the
345	filing officer; amending s. 106.07, F.S.; creating an
346	exception for reports due in the third calendar quarter
347	immediately preceding a general election from a
348	requirement that the campaign treasurer report
349	contributions received and expenditures made on the 10th
350	day following the end of each calendar quarter; revising
351	reporting requirements for a statewide candidate who
352	receives funding under the Florida Election Campaign
353	Financing Act and candidates in a race with a candidate
354	who has requested funding under that act; deleting a
355	requirement for a committee of continuous existence to
356	file a campaign treasurer's report relating to
357	contributions or expenditures to influence the results of
358	a special election; revising the methods by which a
359	campaign treasurer may be notified of the determination
360	that a report is incomplete to include certified mail and
361	other methods using a common carrier that provides proof
362	of delivery of the notice; extending the time the campaign
363	treasurer has to file an addendum to the report after
364	receipt of notice of why the report is incomplete;
365	providing criteria for deeming delivery complete of a
366	notice of incomplete report; deleting a provision allowing
367	for notification by telephone of an incomplete report;
368	revising the information that must be included in a report
369	to include transaction information for credit card
370	purchases; deleting a requirement for a campaign
371	depository to return checks drawn on the account to the
372	campaign treasurer; specifying the amount of a fine for
373	the failure to timely file reports after a special primary
374	election or special election; specifying that the
375	registered agent of a political committee is a person whom
376	a filing officer may notify of the amount of the fine for
377	filing a late report; providing criteria for deeming
378	delivery complete of a notice of late report and resulting
379	fine; amending s. 106.0703, F.S.; deleting a requirement
380	that an electioneering communications organization file
381	electronically file certain periodic reports with the
382	Department of State; amending s. 106.0705, F.S.; requiring
383	certain individuals to electronically file certain reports
384	with the Division of Elections; conforming a cross-
385	reference to changes made by the act; deleting an obsolete
386	provision; amending s. 106.08, F.S.; deleting a
387	requirement for the Department of State to notify
388	candidates as to whether an independent or minor party
389	candidate has obtained the required number of petition
390	signatures; deleting a requirement for certain unopposed
391	candidates to return contributions; specifying the
392	entities with which a political party's state executive
393	committee and county executive committees and affiliated
394	party committees must file a written acceptance of an in-
395	kind contribution; amending s. 106.09, F.S.; specifying
396	that the limitations on contributions by cash or cashier's
397	check apply to the aggregate amount of contributions to a
398	candidate or committee per election; amending s. 106.11,
399	F.S.; revising the statement that must be contained on
400	checks from a campaign account; deleting requirements
401	relating to the use of debit cards; authorizing a campaign
402	for a candidate to reimburse the candidate's loan to the
403	campaign when the campaign account has sufficient funds;
404	amending s. 106.141, F.S.; deleting a limit on the amount
405	of surplus funds that a candidate may give to his or her
406	political party; requiring candidates receiving public
407	financing to return all surplus funds to the General
408	Revenue Fund after paying certain monetary obligations and
409	expenses; amending s. 106.143, F.S.; specifying disclosure
410	statements that must be included in political
411	advertisements paid for by a write-in candidate; revising
412	the disclosure statements that must be included in certain
413	political advertisements; clarifying the type of political
414	advertisements that must be approved in advance by a
415	candidate; deleting an exemption from the requirement to
416	obtain a candidate's approval for messages designed to be
417	worn; authorizing a disclaimer for paid political
418	advertisements to contain certain registered names and
419	abbreviations; amending s. 106.1437, F.S.; providing that
420	expenditures for a miscellaneous advertisement are not
421	considered to be a contribution to or on behalf of a
422	candidate and do not constitute an independent
423	expenditure; amending s. 106.17, F.S.; providing that the
424	cost of certain polls are not contributions to a
425	candidate; amending s. 106.19, F.S.; providing that a
426	candidate's failure to comply with ch. 106, F.S., has no
427	effect on whether the candidate has qualified for office;
428	amending s. 106.25, F.S.; authorizing a person who is the
429	subject of a complaint filed with the Florida Elections
430	Commission to file a response before the executive
431	director of the commission determines whether the
432	complaint is legally sufficient; prohibiting the
433	commission from determining by rule what constitutes
434	willfulness or defining the term "willful"; authorizing
435	the commission to enter into consent orders without
436	requiring the respondent to admit to a violation of law;
437	authorizing an administrative law judge to impose civil
438	penalties for violations of ch. 104 or ch. 106, F.S.;
439	amending s. 106.26, F.S.; requiring the commission to
440	enforce certain witness subpoenas in the circuit court
441	where the witness resides; amending s. 106.265, F.S.;
442	authorizing an administrative law judge to assess civil
443	penalties upon a finding of a violation of the election
444	code or campaign financing laws; providing for civil
445	penalties to be assessed against an electioneering
446	communications organization; removing reference to the
447	expired Election Campaign Financing Trust Fund; directing
448	that moneys from penalties and fines be deposited into the
449	General Revenue Fund; amending s. 106.29, F.S.; creating
450	an exemption from state reporting requirements for certain
451	contributions and expenditures by political parties;
452	requiring state and county executive committees and
453	affiliated party committees that make contributions or
454	expenditures to influence the results of a special
455	election or special primary election to file campaign
456	treasurer's reports; amending campaign finance reporting
457	dates, to conform; deleting a requirement that each state
458	executive committee file the original and one copy of its
459	reports with the Division of Elections; revising the due
460	date for filing a report; providing criteria for deeming
461	delivery complete of a notice of fine; amending s. 106.35,
462	F.S.; deleting a requirement that the Division of Election
463	adopt rules relating to the format and filing of certain
464	printed campaign treasurer's reports; amending s. 112.312,
465	F.S.; excluding contributions or expenditures reported
466	pursuant to federal election law from the definition of
467	the term "gift"; amending s. 112.3215, F.S.; excluding
468	contributions or expenditures reported pursuant to federal
469	election law from the definition of the term
470	"expenditure"; amending s. 876.05, F.S.; deleting a
471	requirement for all candidates for public office to record
472	an oath to support the Constitution of the United States
473	and of the State of Florida; repealing s. 876.07, F.S.,
474	relating to a requirement that a person make an oath to
475	support the Constitution of the United States and of the
476	State of Florida in order to be qualified as a candidate
477	for office; providing for severability of the act;
478	providing effective dates.
479
480	Be It Enacted by the Legislature of the State of Florida:
481
482	Section 1.  Subsection (16) is added to section 97.012,
483	Florida Statutes, to read:
484	97.012  Secretary of State as chief election officer.-The
485	Secretary of State is the chief election officer of the state,
486	and it is his or her responsibility to:
487	(16)  Provide written direction and opinions to the
488	supervisors of elections on the performance of their official
489	duties with respect to the Florida Election Code or rules
490	adopted by the Department of State.
491	Section 2.  Subsection (18) of section 97.021, Florida
492	Statutes, is amended to read:
493	97.021  Definitions.-For the purposes of this code, except
494	where the context clearly indicates otherwise, the term:
495	(18)  "Minor political party" is any group as specified
496	defined in s. 103.095 this subsection which on January 1
497	preceding a primary election does not have registered as members
498	5 percent of the total registered electors of the state. Any
499	group of citizens organized for the general purposes of electing
500	to office qualified persons and determining public issues under
501	the democratic processes of the United States may become a minor
502	political party of this state by filing with the department a
503	certificate showing the name of the organization, the names of
504	its current officers, including the members of its executive
505	committee, and a copy of its constitution or bylaws. It shall be
506	the duty of the minor political party to notify the department
507	of any changes in the filing certificate within 5 days of such
508	changes.
509	Section 3.  Section 97.025, Florida Statutes, is amended to
510	read:
511	97.025  Election Code; copies thereof.-A pamphlet of a
512	reprint of the Election Code, adequately indexed, shall be
513	prepared by the Department of State. The pamphlet shall be made
514	available It shall have a sufficient number of these pamphlets
515	printed so that one may be given, upon request, to each
516	candidate who qualifies with the department. The pamphlet shall
517	be made available A sufficient number may be sent to each
518	supervisor, prior to the first day of qualifying, so that for
519	distribution, upon request, to each candidate who qualifies with
520	the supervisor and to each clerk of elections have access to the
521	pamphlet. The cost of making printing the pamphlets available
522	shall be paid out of funds appropriated for conducting
523	elections.
524	Section 4.  Section 97.0575, Florida Statutes, is amended
525	to read:
526	97.0575  Third-party voter registrations.-
527	(1)  Before engaging in any voter registration activities,
528	a third-party voter registration organization must register and
529	provide to the division, in an electronic format, the following
530	information:
531	(a)  The names of the officers of the organization and the
532	name and permanent address of the organization.
533	(b)  The name and address of the organization's registered
534	agent in the state.
535	(c)  The names, permanent addresses, and temporary
536	addresses, if any, of each registration agent registering
537	persons to vote in this state on behalf of the organization.
538	(d)  A sworn statement from each registration agent
539	employed by or volunteering for the organization stating that
540	the agent will obey all state laws and rules regarding the
541	registration of voters. Such statement must be on a form
542	containing notice of applicable penalties for false
543	registration.
544	(2)  The division or the supervisor of elections shall make
545	voter registration forms available to third-party voter
546	registration organizations. All such forms must contain
547	information identifying the organization to which the forms are
548	provided. The division shall maintain a database of all third-
549	party voter registration organizations and the voter
550	registration forms assigned to the third-party voter
551	registration organization. Each supervisor of elections shall
552	provide to the division information on voter registration forms
553	assigned to and received from third-party voter registration
554	organizations. The information must be provided in a format and
555	at times as required by the division by rule. The division must
556	update information on third-party voter registrations daily and
557	make the information publicly available.
558	(1)  Prior to engaging in any voter registration
559	activities, a third-party voter registration organization shall
560	name a registered agent in the state and submit to the division,
561	in a form adopted by the division, the name of the registered
562	agent and the name of those individuals responsible for the day-
563	to-day operation of the third-party voter registration
564	organization, including, if applicable, the names of the
565	entity's board of directors, president, vice president, managing
566	partner, or such other individuals engaged in similar duties or
567	functions. On or before the 15th day after the end of each
568	calendar quarter, each third-party voter registration
569	organization shall submit to the division a report providing the
570	date and location of any organized voter registration drives
571	conducted by the organization in the prior calendar quarter.
572	(2)  The failure to submit the information required by
573	subsection (1) does not subject the third-party voter
574	registration organization to any civil or criminal penalties for
575	such failure, and the failure to submit such information is not
576	a basis for denying such third-party voter registration
577	organization with copies of voter registration application
578	forms.
579	(3)(a)  A third-party voter registration organization that
580	collects voter registration applications serves as a fiduciary
581	to the applicant, ensuring that any voter registration
582	application entrusted to the third-party voter registration
583	organization, irrespective of party affiliation, race,
584	ethnicity, or gender, shall be promptly delivered to the
585	division or the supervisor of elections within 48 hours after
586	the applicant completes it or the next business day if the
587	appropriate office is closed for that 48-hour period. If a voter
588	registration application collected by any third-party voter
589	registration organization is not promptly delivered to the
590	division or supervisor of elections, the third-party voter
591	registration organization is shall be liable for the following
592	fines:
593	1.(a)  A fine in the amount of $50 for each application
594	received by the division or the supervisor of elections more
595	than 48 hours 10 days after the applicant delivered the
596	completed voter registration application to the third-party
597	voter registration organization or any person, entity, or agent
598	acting on its behalf or the next business day, if the office is
599	closed. A fine in the amount of $250 for each application
600	received if the third-party voter registration organization or
601	person, entity, or agency acting on its behalf acted willfully.
602	2.(b)  A fine in the amount of $100 for each application
603	collected by a third-party voter registration organization or
604	any person, entity, or agent acting on its behalf, before prior
605	to book closing for any given election for federal or state
606	office and received by the division or the supervisor of
607	elections after the book-closing book closing deadline for such
608	election. A fine in the amount of $500 for each application
609	received if the third-party registration organization or person,
610	entity, or agency acting on its behalf acted willfully.
611	3.(c)  A fine in the amount of $500 for each application
612	collected by a third-party voter registration organization or
613	any person, entity, or agent acting on its behalf, which is not
614	submitted to the division or supervisor of elections. A fine in
615	the amount of $1,000 for any application not submitted if the
616	third-party voter registration organization or person, entity,
617	or agency acting on its behalf acted willfully.
618
619	The aggregate fine pursuant to this paragraph subsection which
620	may be assessed against a third-party voter registration
621	organization, including affiliate organizations, for violations
622	committed in a calendar year is shall be $1,000.
623	(b)  A showing by the fines provided in this subsection
624	shall be reduced by three-fourths in cases in which the third-
625	party voter registration organization that the failure to
626	deliver the voter registration application within the required
627	timeframe is based upon force majeure or impossibility of
628	performance shall be an affirmative defense to a violation of
629	this subsection has complied with subsection (1). The secretary
630	may shall waive the fines described in this subsection upon a
631	showing that the failure to deliver the voter registration
632	application promptly is based upon force majeure or
633	impossibility of performance.
634	(4)  If the Secretary of State reasonably believes that a
635	person has committed a violation of this section, the secretary
636	may refer the matter to the Attorney General for enforcement.
637	The Attorney General may institute a civil action for a
638	violation of this section or to prevent a violation of this
639	section. An action for relief may include a permanent or
640	temporary injunction, a restraining order, or any other
641	appropriate order.
642	(5)(4)(a)  The division shall adopt by rule a form to
643	elicit specific information concerning the facts and
644	circumstances from a person who claims to have been registered
645	to vote by a third-party voter registration organization but who
646	does not appear as an active voter on the voter registration
647	rolls. The division shall also adopt rules to ensure the
648	integrity of the registration process, including rules requiring
649	third-party voter registration organizations to account for all
650	state and federal registration forms used by their registration
651	agents. Such rules may require an organization to provide
652	organization and form specific identification information on
653	each form as determined by the department as needed to assist in
654	the accounting of state and federal registration forms.
655	(b)  The division may investigate any violation of this
656	section. Civil fines shall be assessed by the division and
657	enforced through any appropriate legal proceedings.
658	(6)(5)  The date on which an applicant signs a voter
659	registration application is presumed to be the date on which the
660	third-party voter registration organization received or
661	collected the voter registration application.
662	(7)  The requirements of this section are retroactive for
663	any third-party voter registration organization registered with
664	the department on the effective date of this act, and must be
665	complied with within 90 days after the department provides
666	notice to the third-party voter registration organization of the
667	requirements contained in this section. Failure of the third-
668	party voter registration organization to comply with the
669	requirements within 90 days after receipt of the notice shall
670	automatically result in the cancellation of the third-party
671	voter registration organization's registration.
672	(6)  The civil fines provided in this section are in
673	addition to any applicable criminal penalties.
674	(7)  Fines collected pursuant to this section shall be
675	annually appropriated by the Legislature to the department for
676	enforcement of this section and for voter education.
677	(8)  The division may adopt rules to administer this
678	section.
679	Section 5.  Section 97.071, Florida Statutes, is amended to
680	read:
681	97.071  Voter information card.-
682	(1)  A voter information card shall be furnished by the
683	supervisor to all registered voters residing in the supervisor's
684	county. The card must contain:
685	(a)  Voter's registration number.
686	(b)  Date of registration.
687	(c)  Full name.
688	(d)  Party affiliation.
689	(e)  Date of birth.
690	(f)  Address of legal residence.
691	(g)  Precinct number.
692	(h)  Polling place address.
693	(i)(h)  Name of supervisor and contact information of
694	supervisor.
695	(j)(i)  Other information deemed necessary by the
696	supervisor.
697	(2)  A voter may receive a replacement voter information
698	card by providing a signed, written request for a replacement
699	card to a voter registration official. Upon verification of
700	registration, the supervisor shall issue the voter a duplicate
701	card without charge.
702	(3)  In the case of a change of name, address of legal
703	residence, polling place address, or party affiliation, the
704	supervisor shall issue the voter a new voter information card.
705	Section 6.  The supervisor must meet the requirements of
706	section 5 of this act for any elector who registers to vote or
707	who is issued a new voter information card pursuant to s.
708	97.071(2) or (3), Florida Statutes, on or after August 1, 2012.
709	Section 7.  Subsection (1) of section 97.073, Florida
710	Statutes, is amended to read:
711	97.073  Disposition of voter registration applications;
712	cancellation notice.-
713	(1)  The supervisor must notify each applicant of the
714	disposition of the applicant's voter registration application
715	within 5 business days after voter registration information is
716	entered into the statewide voter registration system. The notice
717	must inform the applicant that the application has been
718	approved, is incomplete, has been denied, or is a duplicate of a
719	current registration. A voter information card sent to an
720	applicant constitutes notice of approval of registration. If the
721	application is incomplete, the supervisor must request that the
722	applicant supply the missing information using a voter
723	registration application signed by the applicant. A notice of
724	denial must inform the applicant of the reason the application
725	was denied.
726	Section 8.  Subsections (1) and (2) of section 97.1031,
727	Florida Statutes, are amended to read:
728	97.1031 Notice of change of residence, change of name, or
729	change of party affiliation.-
730	(1)(a) When an elector changes his or her residence
731	address, the elector must notify the supervisor of elections.
732	Except as provided in paragraph (b), an address change must be
733	submitted using a voter registration application.
734	(b)  If the address change is within the state and notice
735	is provided to the supervisor of elections of the county where
736	the elector has moved, the elector may do so by:
737	1.  Contacting the supervisor of elections via telephone or
738	electronic means, in which case the elector must provide his or
739	her date of birth; or
740	2.  Submitting the change on a voter registration
741	application or other signed written notice. moves from the
742	address named on that person's voter registration record to
743	another address within the same county, the elector must provide
744	notification of such move to the supervisor of elections of that
745	county. The elector may provide the supervisor a signed, written
746	notice or may notify the supervisor by telephone or electronic
747	means. However, notification of such move other than by signed,
748	written notice must include the elector's date of birth. An
749	elector may also provide notification to other voter
750	registration officials as provided in subsection (2). A voter
751	information card reflecting the new information shall be issued
752	to the elector as provided in subsection (3).
753	(2)  When an elector moves from the address named on that
754	person's voter registration record to another address in a
755	different county but within the state, the elector seeks to
756	change party affiliation, or the name of an elector is changed
757	by marriage or other legal process, the elector shall notify his
758	or her supervisor of elections or other provide notice of such
759	change to a voter registration official by using a voter
760	registration application signed written notice that contains the
761	elector's date of birth or voter registration number by the
762	elector. When an elector changes his or her name by marriage or
763	other legal process, the elector shall notify his or her
764	supervisor of elections or other voter registration official by
765	using a signed written notice that contains the elector's date
766	of birth or voter's registration number. A voter information
767	card reflecting the new information shall be issued to the
768	elector as provided in subsection (3).
769	Section 9.  Subsections (3) and (6) of section 98.075,
770	Florida Statutes, are amended to read:
771	98.075  Registration records maintenance activities;
772	ineligibility determinations.-
773	(3)  DECEASED PERSONS.-
774	(a)1.  The department shall identify those registered
775	voters who are deceased by comparing information on the lists of
776	deceased persons received from either:
777	a.  The Department of Health as provided in s. 98.093; or.
778	b.  The United States Social Security Administration,
779	including, but not limited to, any master death file or index
780	compiled by the United States Social Security Administration.
781	2.  Within 7 days after Upon receipt of such information
782	through the statewide voter registration system, the supervisor
783	shall remove the name of the registered voter.
784	(b)  The supervisor shall remove the name of a deceased
785	registered voter from the statewide voter registration system
786	upon receipt of a copy of a death certificate issued by a
787	governmental agency authorized to issue death certificates.
788	(6)  OTHER BASES FOR INELIGIBILITY.-If the department or
789	supervisor receives information other than from the sources
790	other than those identified in subsections (2)-(5) that a
791	registered voter is ineligible because he or she is deceased,
792	adjudicated a convicted felon without having had his or her
793	civil rights restored, adjudicated mentally incapacitated
794	without having had his or her voting rights restored, does not
795	meet the age requirement pursuant to s. 97.041, is not a United
796	States citizen, is a fictitious person, or has listed a
797	residence that is not his or her legal residence, the supervisor
798	must shall adhere to the procedures set forth in subsection (7)
799	prior to the removal of a registered voter's name from the
800	statewide voter registration system.
801	Section 10.  Section 98.093, Florida Statutes, is amended
802	to read:
803	98.093  Duty of officials to furnish information relating
804	to lists of deceased persons, persons adjudicated mentally
805	incapacitated, and persons convicted of a felony.-
806	(1)  In order to identify ineligible registered voters and
807	maintain ensure the maintenance of accurate and current voter
808	registration records in the statewide voter registration system
809	pursuant to procedures in s. 98.065 or s. 98.075, it is
810	necessary for the department and supervisors of elections to
811	receive or access certain information from state and federal
812	officials and entities in the format prescribed. The department
813	and supervisors of elections shall use the information provided
814	from the sources in subsection (2) to maintain the voter
815	registration records.
816	(2)  To the maximum extent feasible, state and local
817	government agencies shall facilitate provision of information
818	and access to data to the department, including, but not limited
819	to, databases that contain reliable criminal records and records
820	of deceased persons. State and local government agencies that
821	provide such data shall do so without charge if the direct cost
822	incurred by those agencies is not significant.
823	(a)  The Department of Health shall furnish monthly to the
824	department a list containing the name, address, date of birth,
825	date of death, social security number, race, and sex of each
826	deceased person 17 years of age or older.
827	(b)  Each clerk of the circuit court shall furnish monthly
828	to the department a list of those persons who have been
829	adjudicated mentally incapacitated with respect to voting during
830	the preceding calendar month, a list of those persons whose
831	mental capacity with respect to voting has been restored during
832	the preceding calendar month, and a list of those persons who
833	have returned signed jury notices during the preceding months to
834	the clerk of the circuit court indicating a change of address.
835	Each list shall include the name, address, date of birth, race,
836	sex, and, whichever is available, the Florida driver's license
837	number, Florida identification card number, or social security
838	number of each such person.
839	(c)  Upon receipt of information from the United States
840	Attorney, listing persons convicted of a felony in federal
841	court, the department shall use such information to identify
842	registered voters or applicants for voter registration who may
843	be potentially ineligible based on information provided in
844	accordance with s. 98.075.
845	(d)  The Department of Law Enforcement shall identify those
846	persons who have been convicted of a felony who appear in the
847	voter registration records supplied by the statewide voter
848	registration system, in a time and manner that enables the
849	department to meet its obligations under state and federal law.
850	(e)  The Florida Parole Commission Board of Executive
851	Clemency shall furnish at least bimonthly monthly to the
852	department data, including the identity a list of those persons
853	granted clemency in the preceding month or any updates to prior
854	records which have occurred in the preceding month. The data
855	list shall contain the commission's Board of Executive Clemency
856	case number and the person's, name, address, date of birth,
857	race, gender sex, Florida driver's license number, Florida
858	identification card number, or the last four digits of the
859	social security number, if available, and references to record
860	identifiers assigned by the Department of Corrections and the
861	Department of Law Enforcement, a unique identifier of each
862	clemency case, and the effective date of clemency of each
863	person.
864	(f)  The Department of Corrections shall identify those
865	persons who have been convicted of a felony and committed to its
866	custody or placed on community supervision. The information must
867	be provided to the department at a time and in manner that
868	enables the department to identify registered voters who are
869	convicted felons and to meet its obligations under state and
870	federal law. furnish monthly to the department a list of those
871	persons transferred to the Department of Corrections in the
872	preceding month or any updates to prior records which have
873	occurred in the preceding month. The list shall contain the
874	name, address, date of birth, race, sex, social security number,
875	Department of Corrections record identification number, and
876	associated Department of Law Enforcement felony conviction
877	record number of each person.
878	(g)  The Department of Highway Safety and Motor Vehicles
879	shall furnish monthly to the department a list of those persons
880	whose names have been removed from the driver's license database
881	because they have been licensed in another state. The list shall
882	contain the name, address, date of birth, sex, social security
883	number, and driver's license number of each such person.
884	(3)  Nothing in This section does not shall limit or
885	restrict the supervisor in his or her duty to remove the names
886	of persons from the statewide voter registration system pursuant
887	to s. 98.075(7) based upon information received from other
888	sources.
889	Section 11.  Effective July 1, 2012, subsections (1) and
890	(2) of section 98.0981, Florida Statutes, are amended to read:
891	98.0981  Reports; voting history; statewide voter
892	registration system information; precinct-level election
893	results; book closing statistics.-
894	(1)  VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
895	INFORMATION.-
896	(a)  Within 30 45 days after certification by the Elections
897	Canvassing Commission of a presidential preference primary,
898	special election, primary election, or a general election,
899	supervisors of elections shall transmit to the department, in a
900	uniform electronic format specified in paragraph (d) by the
901	department, completely updated voting history information for
902	each qualified voter who voted.
903	(b)  After receipt of the information in paragraph (a), the
904	department shall prepare a report in electronic format which
905	contains the following information, separately compiled for the
906	primary and general election for all voters qualified to vote in
907	either election:
908	1.  The unique identifier assigned to each qualified voter
909	within the statewide voter registration system;
910	2.  All information provided by each qualified voter on his
911	or her voter registration application pursuant to s. 97.052(2),
912	except that which is confidential or exempt from public records
913	requirements;
914	3.  Each qualified voter's date of registration;
915	4.  Each qualified voter's current state representative
916	district, state senatorial district, and congressional district,
917	assigned by the supervisor of elections;
918	5.  Each qualified voter's current precinct; and
919	6.  Voting history as transmitted under paragraph (a) to
920	include whether the qualified voter voted at a precinct
921	location, voted during the early voting period, voted by
922	absentee ballot, attempted to vote by absentee ballot that was
923	not counted, attempted to vote by provisional ballot that was
924	not counted, or did not vote.
925	(c)  Within 45 60 days after certification by the Elections
926	Canvassing Commission of a presidential preference primary,
927	special election, primary election, or a general election, the
928	department shall send to the President of the Senate, the
929	Speaker of the House of Representatives, the Senate Minority
930	Leader, and the House Minority Leader a report in electronic
931	format that includes all information set forth in paragraph (b).
932	(d)  File specifications are as follows:
933	1.  The file shall contain records designated by the
934	categories below for all qualified voters who, regardless of the
935	voter's county of residence or active or inactive registration
936	status at the book closing for the corresponding election that
937	the file is being created for:
938	a.  Voted a regular ballot at a precinct location.
939	b.  Voted at a precinct location using a provisional ballot
940	that was subsequently counted.
941	c.  Voted a regular ballot during the early voting period.
942	d.  Voted during the early voting period using a
943	provisional ballot that was subsequently counted.
944	e.  Voted by absentee ballot.
945	f.  Attempted to vote by absentee ballot, but the ballot
946	was not counted.
947	g.  Attempted to vote by provisional ballot, but the ballot
948	was not counted in that election.
949	2.  Each file shall be created or converted into a tab-
950	delimited format.
951	3.  File names shall adhere to the following convention:
952	a.  Three-character county identifier as established by the
953	department followed by an underscore.
954	b.  Followed by four-character file type identifier of
955	'VH03' followed by an underscore.
956	c.  Followed by FVRS election ID followed by an underscore.
957	d.  Followed by Date Created followed by an underscore.
958	e.  Date format is YYYYMMDD.
959	f.  Followed by Time Created - HHMMSS.
960	g.  Followed by ".txt".
961	4.  Each record shall contain the following columns: Record
962	Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
963	Date, Vote History Code, Precinct, Congressional District, House
964	District, Senate District, County Commission District, and
965	School Board District.
966	(e)  Each supervisor of elections shall reconcile, before
967	submission, the aggregate total of ballots cast in each precinct
968	as reported in the precinct-level election results to the
969	aggregate total number of voters with voter history for the
970	election for each district.
971	(f)  Each supervisor of elections shall submit the results
972	of the data reconciliation as described in paragraph (e) to the
973	department in an electronic format and give a written
974	explanation for any precincts where the reconciliation as
975	described in paragraph (e) results in a discrepancy between the
976	voter history and the election results.
977	(2)(a)  PRECINCT-LEVEL ELECTION RESULTS.-Within 30 45 days
978	after certification by the Elections Canvassing Commission the
979	date of a presidential preference primary election, a special
980	election, primary election, or a general election, the
981	supervisors of elections shall collect and submit to the
982	department precinct-level election results for the election in a
983	uniform electronic format specified by paragraph (c) the
984	department. The precinct-level election results shall be
985	compiled separately for the primary or special primary election
986	that preceded the general or special general election,
987	respectively. The results shall specifically include for each
988	precinct the aggregate total of all ballots cast for each
989	candidate or nominee to fill a national, state, county, or
990	district office or proposed constitutional amendment, with
991	subtotals for each candidate and ballot type, unless fewer than
992	10 voters voted a ballot type. "All ballots cast" means ballots
993	cast by voters who cast a ballot whether at a precinct location,
994	by absentee ballot including overseas absentee ballots, during
995	the early voting period, or by provisional ballot.
996	(b)  The department shall make such information available
997	on a searchable, sortable, and downloadable database via its
998	website that also includes the file layout and codes. The
999	database shall be searchable and sortable by county, precinct,
1000	and candidate. The database shall be downloadable in a tab-
1001	delimited format. The database shall be available for download
1002	county-by-county and also as a statewide file. Such report shall
1003	also be made available upon request.
1004	(c)  The files containing the precinct-level election
1005	results shall be created in accordance with the applicable file
1006	specification:
1007	1.  The precinct-level results file shall be created or
1008	converted into a tab-delimited text file.
1009	2.  The row immediately before the first data record shall
1010	contain the column names of the data elements that make up the
1011	data records. There shall be one header record followed by
1012	multiple data records.
1013	3.  The data records shall include the following columns:
1014	County Name, Election Number, Election Date, Unique Precinct
1015	Identifier, Precinct Polling Location, Total Registered Voters,
1016	Total Registered Republicans, Total Registered Democrats, Total
1017	Registered All Other Parties, Contest Name,
1018	Candidate/Retention/Issue Name, Candidate Florida Voter
1019	Registration System ID Number, Division of Elections Unique
1020	Candidate Identifying Number, Candidate Party, District,
1021	Undervote Total, Overvote Total, Write-in Total, and Vote Total.
1022	Section 12.  Subsections (5) and (7) of section 99.012,
1023	Florida Statutes, are amended to read:
1024	99.012  Restrictions on individuals qualifying for public
1025	office.-
1026	(5)  If an order of a court that has become final
1027	determines that a person did not comply with this section, the
1028	person shall not be qualified as a candidate for election and
1029	his or her name may not appear on the ballot. The name of any
1030	person who does not comply with this section may be removed from
1031	every ballot on which it appears when ordered by a circuit court
1032	upon the petition of an elector or the Department of State.
1033	(7)  Nothing contained in subsection (3) relates to persons
1034	holding any federal office or seeking the office of President or
1035	Vice President.
1036	Section 13.  Paragraphs (a) and (b) of subsection (1) of
1037	section 99.021, Florida Statutes, are amended, and subsection
1038	(3) is added to that section, to read:
1039	99.021  Form of candidate oath.-
1040	(1)(a)1.  Each candidate, whether a party candidate, a
1041	candidate with no party affiliation, or a write-in candidate, in
1042	order to qualify for nomination or election to any office other
1043	than a judicial office as defined in chapter 105 or a federal
1044	office, shall take and subscribe to an oath or affirmation in
1045	writing. A printed copy of the oath or affirmation shall be made
1046	available furnished to the candidate by the officer before whom
1047	such candidate seeks to qualify and shall be substantially in
1048	the following form:
1049
1050	State of Florida
1051	County of....
1052	Before me, an officer authorized to administer oaths,
1053	personally appeared ...(please print name as you wish it to
1054	appear on the ballot)..., to me well known, who, being sworn,
1055	says that he or she is a candidate for the office of ....; that
1056	he or she is a qualified elector of .... County, Florida; that
1057	he or she is qualified under the Constitution and the laws of
1058	Florida to hold the office to which he or she desires to be
1059	nominated or elected; that he or she has taken the oath required
1060	by ss. 876.05-876.10, Florida Statutes; that he or she has
1061	qualified for no other public office in the state, the term of
1062	which office or any part thereof runs concurrent with that of
1063	the office he or she seeks; and that he or she has resigned from
1064	any office from which he or she is required to resign pursuant
1065	to s. 99.012, Florida Statutes; and that he or she will support
1066	the Constitution of the United States and the Constitution of
1067	the State of Florida.
1068	...(Signature of candidate)...
1069	...(Address)...
1070	Sworn to and subscribed before me this .... day of ....,
1071	...(year)..., at .... County, Florida.
1072	...(Signature and title of officer administering oath)...
1073
1074	2.  Each candidate for federal office, whether a party
1075	candidate, a candidate with no party affiliation, or a write-in
1076	candidate, in order to qualify for nomination or election to
1077	office shall take and subscribe to an oath or affirmation in
1078	writing. A printed copy of the oath or affirmation shall be made
1079	available furnished to the candidate by the officer before whom
1080	such candidate seeks to qualify and shall be substantially in
1081	the following form:
1082
1083	State of Florida
1084	County of ....
1085	Before me, an officer authorized to administer oaths,
1086	personally appeared ...(please print name as you wish it to
1087	appear on the ballot)..., to me well known, who, being sworn,
1088	says that he or she is a candidate for the office of ....; that
1089	he or she is qualified under the Constitution and laws of the
1090	United States to hold the office to which he or she desires to
1091	be nominated or elected; and that he or she has qualified for no
1092	other public office in the state, the term of which office or
1093	any part thereof runs concurrent with that of the office he or
1094	she seeks; and that he or she will support the Constitution of
1095	the United States.
1096	...(Signature of candidate)...
1097	...(Address)...
1098
1099	Sworn to and subscribed before me this .... day of ....,
1100	...(year)..., at .... County, Florida.
1101	...(Signature and title of officer administering oath)...
1102
1103	(b)  In addition, any person seeking to qualify for
1104	nomination as a candidate of any political party shall, at the
1105	time of subscribing to the oath or affirmation, state in
1106	writing:
1107	1.  The party of which the person is a member.
1108	2.  That the person is not a registered member of any other
1109	political party and has not been a registered member of
1110	candidate for nomination for any other political party for 365
1111	days before the beginning of qualifying for a period of 6 months
1112	preceding the general election for which the person seeks to
1113	qualify.
1114	3.  That the person has paid the assessment levied against
1115	him or her, if any, as a candidate for said office by the
1116	executive committee of the party of which he or she is a member.
1117	(3)  This section does not apply to a person who seeks to
1118	qualify for election pursuant to ss. 103.021 and 103.101.
1119	Section 14.  Subsections (5) and (7) of section 99.061,
1120	Florida Statutes, are amended, and subsection (11) is added to
1121	that section, to read:
1122	99.061  Method of qualifying for nomination or election to
1123	federal, state, county, or district office.-
1124	(5)  At the time of qualifying for office, each candidate
1125	for a constitutional office shall file a full and public
1126	disclosure of financial interests pursuant to s. 8, Art. II of
1127	the State Constitution, which must be verified under oath or
1128	affirmation pursuant to s. 92.525(1)(a), and a candidate for any
1129	other office, including local elective office, shall file a
1130	statement of financial interests pursuant to s. 112.3145.
1131	(7)(a)  In order for a candidate to be qualified, the
1132	following items must be received by the filing officer by the
1133	end of the qualifying period:
1134	1.  A properly executed check drawn upon the candidate's
1135	campaign account payable to the person or entity as prescribed
1136	by the filing officer in an amount not less than the fee
1137	required by s. 99.092, unless the candidate obtained the
1138	required number of signatures on petitions or, in lieu thereof,
1139	as applicable, the copy of the notice of obtaining ballot
1140	position pursuant to s. 99.095. The filing fee for a special
1141	district candidate is not required to be drawn upon the
1142	candidate's campaign account. If a candidate's check is returned
1143	by the bank for any reason, the filing officer shall immediately
1144	notify the candidate and the candidate shall have until, the end
1145	of qualifying notwithstanding, have 48 hours from the time such
1146	notification is received, excluding Saturdays, Sundays, and
1147	legal holidays, to pay the fee with a cashier's check purchased
1148	from funds of the campaign account. Failure to pay the fee as
1149	provided in this subparagraph shall disqualify the candidate.
1150	2.  The candidate's oath required by s. 99.021, which must
1151	contain the name of the candidate as it is to appear on the
1152	ballot; the office sought, including the district or group
1153	number if applicable; and the signature of the candidate, which
1154	must be verified under oath or affirmation pursuant to s.
1155	92.525(1)(a) duly acknowledged.
1156	3.  The loyalty oath required by s. 876.05, signed by the
1157	candidate and duly acknowledged.
1158	3.4.  If the office sought is partisan, the written
1159	statement of political party affiliation required by s.
1160	99.021(1)(b).
1161	4.5.  The completed form for the appointment of campaign
1162	treasurer and designation of campaign depository, as required by
1163	s. 106.021.
1164	5.6.  The full and public disclosure or statement of
1165	financial interests required by subsection (5). A public officer
1166	who has filed the full and public disclosure or statement of
1167	financial interests with the Commission on Ethics or the
1168	supervisor of elections prior to qualifying for office may file
1169	a copy of that disclosure at the time of qualifying.
1170	(b)  If the filing officer receives qualifying papers
1171	during the qualifying period prescribed in this section which
1172	that do not include all items as required by paragraph (a) prior
1173	to the last day of qualifying, the filing officer shall make a
1174	reasonable effort to notify the candidate of the missing or
1175	incomplete items and shall inform the candidate that all
1176	required items must be received by the close of qualifying. A
1177	candidate's name as it is to appear on the ballot may not be
1178	changed after the end of qualifying.
1179	(c)  The filing officer performs a ministerial function in
1180	reviewing qualifying papers. In determining whether a candidate
1181	is qualified, the filing officer shall review the qualifying
1182	papers to determine whether all items required by paragraph (a)
1183	have been properly filed and whether each item is complete on
1184	its face, including whether items that must be verified have
1185	been properly verified pursuant to s. 92.525(1)(a). The filing
1186	officer may not determine whether the contents of the qualifying
1187	papers are accurate.
1188	(11)  The decision of the filing officer concerning whether
1189	a candidate is qualified is exempt from the provisions of
1190	chapter 120.
1191	Section 15.  Subsection (2) of section 99.063, Florida
1192	Statutes, is amended to read:
1193	99.063  Candidates for Governor and Lieutenant Governor.-
1194	(2)  No later than 5 p.m. of the 9th day following the
1195	primary election, each designated candidate for Lieutenant
1196	Governor shall file with the Department of State:
1197	(a)  The candidate's oath required by s. 99.021, which must
1198	contain the name of the candidate as it is to appear on the
1199	ballot; the office sought; and the signature of the candidate,
1200	which must be verified under oath or affirmation pursuant to s.
1201	92.525(1)(a) duly acknowledged.
1202	(b)  The loyalty oath required by s. 876.05, signed by the
1203	candidate and duly acknowledged.
1204	(b)(c)  If the office sought is partisan, the written
1205	statement of political party affiliation required by s.
1206	99.021(1)(b).
1207	(c)(d)  The full and public disclosure of financial
1208	interests pursuant to s. 8, Art. II of the State Constitution. A
1209	public officer who has filed the full and public disclosure with
1210	the Commission on Ethics prior to qualifying for office may file
1211	a copy of that disclosure at the time of qualifying.
1212	Section 16.  Subsection (1) of section 99.092, Florida
1213	Statutes, is amended to read:
1214	99.092  Qualifying fee of candidate; notification of
1215	Department of State.-
1216	(1)  Each person seeking to qualify for nomination or
1217	election to any office, except a person seeking to qualify by
1218	the petition process pursuant to s. 99.095 and except a person
1219	seeking to qualify as a write-in candidate, shall pay a
1220	qualifying fee, which shall consist of a filing fee and election
1221	assessment, to the officer with whom the person qualifies, and
1222	any party assessment levied, and shall attach the original or
1223	signed duplicate of the receipt for his or her party assessment
1224	or pay the same, in accordance with the provisions of s.
1225	103.121, at the time of filing his or her other qualifying
1226	papers. The amount of the filing fee is 3 percent of the annual
1227	salary of the office. The amount of the election assessment is 1
1228	percent of the annual salary of the office sought. The election
1229	assessment shall be deposited into the Clearing Funds Trust Fund
1230	and transferred to the Elections Commission Trust Fund within
1231	the Department of Legal Affairs. The amount of the party
1232	assessment is 2 percent of the annual salary. The annual salary
1233	of the office for purposes of computing the filing fee, election
1234	assessment, and party assessment shall be computed by
1235	multiplying 12 times the monthly salary, excluding any special
1236	qualification pay, authorized for such office as of July 1
1237	immediately preceding the first day of qualifying. No qualifying
1238	fee shall be returned to the candidate unless the candidate
1239	withdraws his or her candidacy before the last date to qualify.
1240	If a candidate dies prior to an election and has not withdrawn
1241	his or her candidacy before the last date to qualify, the
1242	candidate's qualifying fee shall be returned to his or her
1243	designated beneficiary, and, if the filing fee or any portion
1244	thereof has been transferred to the political party of the
1245	candidate, the Secretary of State shall direct the party to
1246	return that portion to the designated beneficiary of the
1247	candidate.
1248	Section 17.  Subsection (1) of section 99.093, Florida
1249	Statutes, is amended to read:
1250	99.093  Municipal candidates; election assessment.-
1251	(1)  Each person seeking to qualify for nomination or
1252	election to a municipal office shall pay, at the time of
1253	qualifying for office, an election assessment. The election
1254	assessment shall be an amount equal to 1 percent of the annual
1255	salary of the office sought. Within 30 days after the close of
1256	qualifying, the qualifying officer shall forward all assessments
1257	collected pursuant to this section to the Florida Elections
1258	Commission Department of State for deposit in transfer to the
1259	Elections Commission Trust Fund within the Department of Legal
1260	Affairs.
1261	Section 18.  Paragraph (d) is added to subsection (2) of
1262	section 99.095, Florida Statutes, to read:
1263	99.095  Petition process in lieu of a qualifying fee and
1264	party assessment.-
1265	(2)
1266	(d)  In a year of apportionment, any candidate for county
1267	or district office seeking ballot position by the petition
1268	process may obtain the required number of signatures from any
1269	registered voter in the respective county, regardless of
1270	district boundaries. The candidate shall obtain at least the
1271	number of signatures equal to 1 percent of the total number of
1272	registered voters, as shown by a compilation by the department
1273	for the immediately preceding general election, divided by the
1274	total number of districts of the office involved.
1275	Section 19.  Subsections (1), (3), and (5) of section
1276	99.097, Florida Statutes, are amended, and subsection (6) is
1277	added to that section, to read:
1278	99.097  Verification of signatures on petitions.-
1279	(1)(a)  As determined by each supervisor, based upon local
1280	conditions, the checking of names on petitions may be based on
1281	the most inexpensive and administratively feasible of either of
1282	the following methods of verification:
1283	1.(a)  A name-by-name, signature-by-signature check of each
1284	petition the number of authorized signatures on the petitions;
1285	or
1286	2.(b)  A check of a random sample, as provided by the
1287	Department of State, of names and signatures on the petitions.
1288	The sample must be such that a determination can be made as to
1289	whether or not the required number of signatures has have been
1290	obtained with a reliability of at least 99.5 percent.
1291	(b)  Rules and guidelines for this method of petition
1292	verification shall be adopted promulgated by the Department of
1293	State. Rules and guidelines for a random sample method of
1294	verification, which may include a requirement that petitions
1295	bear an additional number of names and signatures, not to exceed
1296	15 percent of the names and signatures otherwise required. If
1297	the petitions do not meet such criteria or if the petitions are
1298	prescribed by s. 100.371, then the use of the random sample
1299	method of verification is method described in this paragraph
1300	shall not be available to supervisors.
1301	(3)(a)  If all other requirements for the petition are met,
1302	a signature on a petition shall be verified and counted as valid
1303	for a registered voter if, after comparing the signature on the
1304	petition and the signature of the registered voter in the voter
1305	registration system, the supervisor is able to determine that
1306	the petition signer is the same as the registered voter, even if
1307	the name on the petition is not in substantially the same form
1308	as in the voter registration system. A name on a petition, which
1309	name is not in substantially the same form as a name on the
1310	voter registration books, shall be counted as a valid signature
1311	if, after comparing the signature on the petition with the
1312	signature of the alleged signer as shown on the registration
1313	books, the supervisor determines that the person signing the
1314	petition and the person who registered to vote are one and the
1315	same.
1316	(b)  In any situation in which this code requires the form
1317	of the petition to be prescribed by the division, no signature
1318	shall be counted toward the number of signatures required unless
1319	it is on a petition form prescribed by the division.
1320	(c)(b)  If a voter signs a petition and lists an address
1321	other than the legal residence where the voter is registered,
1322	the supervisor shall treat the signature as if the voter had
1323	listed the address where the voter is registered.
1324	(5)  The results of a verification pursuant to subparagraph
1325	(1)(a)2. paragraph (1)(b) may be contested in the circuit court
1326	by the candidate; an announced opponent; a representative of a
1327	designated political committee; or a person, party, or other
1328	organization submitting the petition. The contestant shall file
1329	a complaint, together with the fees prescribed in chapter 28,
1330	with the clerk of the circuit court in the county in which the
1331	petition is certified or in Leon County if the petition covers
1332	more than one county within 10 days after midnight of the date
1333	the petition is certified; and the complaint shall set forth the
1334	grounds on which the contestant intends to establish his or her
1335	right to require a complete check of the petition names and
1336	signatures pursuant to subparagraph (1)(a)1. paragraph (1)(a).
1337	In the event the court orders a complete check of the petition
1338	and the result is not changed as to the success or lack of
1339	success of the petitioner in obtaining the requisite number of
1340	valid signatures, then such candidate, unless the candidate has
1341	filed the oath stating that he or she is unable to pay such
1342	charges; announced opponent; representative of a designated
1343	political committee; or party, person, or organization
1344	submitting the petition, unless such person or organization has
1345	filed the oath stating inability to pay such charges, shall pay
1346	to the supervisor of elections of each affected county for the
1347	complete check an amount calculated at the rate of 10 cents for
1348	each additional signature checked or the actual cost of checking
1349	such additional signatures, whichever is less.
1350	(6)(a)  If any person is paid to solicit signatures on a
1351	petition, an undue burden oath may not subsequently be filed in
1352	lieu of paying the fee to have signatures verified for that
1353	petition.
1354	(b)  If an undue burden oath has been filed and payment is
1355	subsequently made to any person to solicit signatures on a
1356	petition, the undue burden oath is no longer valid and a fee for
1357	all signatures previously submitted to the supervisor of
1358	elections and any that are submitted thereafter shall be paid by
1359	the candidate, person, or organization that submitted the undue
1360	burden oath. If contributions as defined in s. 106.011 are
1361	received, any monetary contributions must first be used to
1362	reimburse the supervisor of elections for any signature
1363	verification fees that were not paid because of the filing of an
1364	undue burden oath.
1365	Section 20.  Section 100.061, Florida Statutes, is amended
1366	to read:
1367	100.061  Primary election.-In each year in which a general
1368	election is held, a primary election for nomination of
1369	candidates of political parties shall be held on the Tuesday 12
1370	10 weeks prior to the general election. The candidate receiving
1371	the highest number of votes cast in each contest in the primary
1372	election shall be declared nominated for such office. If two or
1373	more candidates receive an equal and highest number of votes for
1374	the same office, such candidates shall draw lots to determine
1375	which candidate is nominated.
1376	Section 21.  Section 100.101, Florida Statutes, is amended
1377	to read:
1378	100.101  Special elections and special primary elections.-
1379	Except as provided in s. 100.111(2), A special election or
1380	special primary election shall be held in the following cases:
1381	(1)  If no person has been elected at a general election to
1382	fill an office which was required to be filled by election at
1383	such general election.
1384	(2)  If a vacancy occurs in the office of state senator or
1385	member of the state house of representatives.
1386	(3)  If it is necessary to elect presidential electors, by
1387	reason of the offices of President and Vice President both
1388	having become vacant.
1389	(4)  If a vacancy occurs in the office of member from
1390	Florida of the House of Representatives of Congress.
1391	Section 22.  Section 100.111, Florida Statutes, is amended
1392	to read:
1393	100.111  Filling vacancy.-
1394	(1)(a)  If any vacancy occurs in any office which is
1395	required to be filled pursuant to s. 1(f), Art. IV of the State
1396	Constitution and the remainder of the term of such office is 28
1397	months or longer, then at the next general election a person
1398	shall be elected to fill the unexpired portion of such term,
1399	commencing on the first Tuesday after the first Monday following
1400	such general election.
1401	(b)  If such a vacancy occurs prior to the first day set by
1402	law for qualifying for election to office at such general
1403	election, any person seeking nomination or election to the
1404	unexpired portion of the term shall qualify within the time
1405	prescribed by law for qualifying for other offices to be filled
1406	by election at such general election.
1407	(c)  If such a vacancy occurs prior to the primary election
1408	but on or after the first day set by law for qualifying, the
1409	Secretary of State shall set dates for qualifying for the
1410	unexpired portion of the term of such office. Any person seeking
1411	nomination or election to the unexpired portion of the term
1412	shall qualify within the time set by the Secretary of State. If
1413	time does not permit party nominations to be made in conjunction
1414	with the primary election, the Governor may call a special
1415	primary election to select party nominees for the unexpired
1416	portion of such term.
1417	(2)(a)  If, in any state or county office required to be
1418	filled by election, a vacancy occurs during an election year by
1419	reason of the incumbent having qualified as a candidate for
1420	federal office pursuant to s. 99.061, no special election is
1421	required. Any person seeking nomination or election to the
1422	office so vacated shall qualify within the time prescribed by s.
1423	99.061 for qualifying for state or county offices to be filled
1424	by election.
1425	(b)  If such a vacancy occurs in an election year other
1426	than the one immediately preceding expiration of the present
1427	term, the Secretary of State shall notify the supervisor of
1428	elections in each county served by the office that a vacancy has
1429	been created. Such notice shall be provided to the supervisor of
1430	elections not later than the close of the first day set for
1431	qualifying for state or county office. The supervisor shall
1432	provide public notice of the vacancy in any manner the Secretary
1433	of State deems appropriate.
1434	(2)(3)  Whenever there is a vacancy for which a special
1435	election is required pursuant to s. 100.101, the Governor, after
1436	consultation with the Secretary of State, shall fix the dates of
1437	a special primary election and a special election. Nominees of
1438	political parties shall be chosen under the primary laws of this
1439	state in the special primary election to become candidates in
1440	the special election. Prior to setting the special election
1441	dates, the Governor shall consider any upcoming elections in the
1442	jurisdiction where the special election will be held. The dates
1443	fixed by the Governor shall be specific days certain and shall
1444	not be established by the happening of a condition or stated in
1445	the alternative. The dates fixed shall provide a minimum of 2
1446	weeks between each election. In the event a vacancy occurs in
1447	the office of state senator or member of the House of
1448	Representatives when the Legislature is in regular legislative
1449	session, the minimum times prescribed by this subsection may be
1450	waived upon concurrence of the Governor, the Speaker of the
1451	House of Representatives, and the President of the Senate. If a
1452	vacancy occurs in the office of state senator and no session of
1453	the Legislature is scheduled to be held prior to the next
1454	general election, the Governor may fix the dates for the special
1455	primary election and for the special election to coincide with
1456	the dates of the primary election and general election. If a
1457	vacancy in office occurs in any district in the state Senate or
1458	House of Representatives or in any congressional district, and
1459	no session of the Legislature, or session of Congress if the
1460	vacancy is in a congressional district, is scheduled to be held
1461	during the unexpired portion of the term, the Governor is not
1462	required to call a special election to fill such vacancy.
1463	(a)  The dates for candidates to qualify in such special
1464	election or special primary election shall be fixed by the
1465	Department of State, and candidates shall qualify not later than
1466	noon of the last day so fixed. The dates fixed for qualifying
1467	shall allow a minimum of 14 days between the last day of
1468	qualifying and the special primary election.
1469	(b)  The filing of campaign expense statements by
1470	candidates in such special elections or special primaries and by
1471	committees making contributions or expenditures to influence the
1472	results of such special primaries or special elections shall be
1473	not later than such dates as shall be fixed by the Department of
1474	State, and in fixing such dates the Department of State shall
1475	take into consideration and be governed by the practical time
1476	limitations.
1477	(c)  The dates for a candidate to qualify by the petition
1478	process pursuant to s. 99.095 in such special primary or special
1479	election shall be fixed by the Department of State. In fixing
1480	such dates the Department of State shall take into consideration
1481	and be governed by the practical time limitations. Any candidate
1482	seeking to qualify by the petition process in a special primary
1483	election shall obtain 25 percent of the signatures required by
1484	s. 99.095.
1485	(d)  The qualifying fees and party assessments of such
1486	candidates as may qualify shall be the same as collected for the
1487	same office at the last previous primary for that office. The
1488	party assessment shall be paid to the appropriate executive
1489	committee of the political party to which the candidate belongs.
1490	(e)  Each county canvassing board shall make as speedy a
1491	return of the result of such special primary elections and
1492	special elections as time will permit, and the Elections
1493	Canvassing Commission likewise shall make as speedy a canvass
1494	and declaration of the nominees as time will permit.
1495	(3)(4)(a)  In the event that death, resignation,
1496	withdrawal, or removal, or any other cause or event should cause
1497	a party to have a vacancy in nomination which leaves no
1498	candidate for an office from such party, the filing officer
1499	before whom the candidate qualified Department of State shall
1500	notify the chair of the appropriate state and, district, or
1501	county political party executive committee of such party; and:,
1502	1.  If the vacancy in nomination is for a statewide office,
1503	the state party chair shall, within 5 days, the chair shall call
1504	a meeting of his or her executive board committee to consider
1505	designation of a nominee to fill the vacancy.
1506	2.  If the vacancy in nomination is for the office of
1507	United States Representative, state senator, state
1508	representative, state attorney, or public defender, the state
1509	party chair shall notify the appropriate county chair or chairs
1510	and, within 5 days, the appropriate county chair or chairs shall
1511	call a meeting of the members of the executive committee in the
1512	affected county or counties to consider designation of a nominee
1513	to fill the vacancy.
1514	3.  If the vacancy in nomination is for a county office,
1515	the state party chair shall notify the appropriate county chair
1516	and, within 5 days, the appropriate county chair shall call a
1517	meeting of his or her executive committee to consider
1518	designation of a nominee to fill the vacancy.
1519
1520	The name of any person so designated shall be submitted to the
1521	filing officer before whom the candidate qualified Department of
1522	State within 7 days after notice to the chair in order that the
1523	person designated may have his or her name on the ballot of the
1524	ensuing general election. If the name of the new nominee is
1525	submitted after the certification of results of the preceding
1526	primary election, however, the ballots shall not be changed and
1527	the former party nominee's name will appear on the ballot. Any
1528	ballots cast for the former party nominee will be counted for
1529	the person designated by the political party to replace the
1530	former party nominee. If there is no opposition to the party
1531	nominee, the person designated by the political party to replace
1532	the former party nominee will be elected to office at the
1533	general election. For purposes of this paragraph, the term
1534	"district political party executive committee" means the members
1535	of the state executive committee of a political party from those
1536	counties comprising the area involving a district office.
1537	(b)  When, under the circumstances set forth in the
1538	preceding paragraph, vacancies in nomination are required to be
1539	filled by committee nominations, such vacancies shall be filled
1540	by party rule. In any instance in which a nominee is selected by
1541	a committee to fill a vacancy in nomination, such nominee shall
1542	pay the same filing fee and take the same oath as the nominee
1543	would have taken had he or she regularly qualified for election
1544	to such office.
1545	(c)  Any person who, at the close of qualifying as
1546	prescribed in ss. 99.061 and 105.031, was qualified for
1547	nomination or election to or retention in a public office to be
1548	filled at the ensuing general election or who attempted to
1549	qualify and failed to qualify is prohibited from qualifying as a
1550	candidate to fill a vacancy in nomination for any other office
1551	to be filled at that general election, even if such person has
1552	withdrawn or been eliminated as a candidate for the original
1553	office sought. However, this paragraph does not apply to a
1554	candidate for the office of Lieutenant Governor who applies to
1555	fill a vacancy in nomination for the office of Governor on the
1556	same ticket or to a person who has withdrawn or been eliminated
1557	as a candidate and who is subsequently designated as a candidate
1558	for Lieutenant Governor under s. 99.063.
1559	(4)  A vacancy in nomination is not created if an order of
1560	a court that has become final determines that a nominee did not
1561	properly qualify or did not meet the necessary qualifications to
1562	hold the office for which he or she sought to qualify.
1563	(5)  In the event of unforeseeable circumstances not
1564	contemplated in these general election laws concerning the
1565	calling and holding of special primary elections and special
1566	elections resulting from court order or other unpredictable
1567	circumstances, the Department of State shall have the authority
1568	to provide for the conduct of orderly elections.
1569	Section 23.  Subsections (1), (3), (6), (7), and (8) of
1570	section 100.371, Florida Statutes, are amended to read:
1571	100.371 Initiatives; procedure for placement on ballot.-
1572	(1)  Constitutional amendments proposed by initiative shall
1573	be placed on the ballot for the general election, provided the
1574	initiative petition has been filed with the Secretary of State
1575	no later than February 1 of the year the general election is
1576	held. A petition shall be deemed to be filed with the Secretary
1577	of State upon the date the secretary determines that valid and
1578	verified petition forms have been signed by the constitutionally
1579	required number and distribution of electors under this code,
1580	subject to the right of revocation established in this section.
1581	(3)  An initiative petition form circulated for signature
1582	may not be bundled with or attached to any other petition. Each
1583	signature shall be dated when made and shall be valid for a
1584	period of 2 4 years following such date, provided all other
1585	requirements of law are met. The sponsor shall submit signed and
1586	dated forms to the appropriate supervisor of elections for the
1587	county of residence listed by the person signing the form for
1588	verification of as to the number of registered electors whose
1589	valid signatures obtained appear thereon. If a signature on a
1590	petition is from a registered voter in another county, the
1591	supervisor shall notify the petition sponsor of the misfiled
1592	petition. The supervisor shall promptly verify the signatures
1593	within 30 days after of receipt of the petition forms and
1594	payment of the fee required by s. 99.097. The supervisor shall
1595	promptly record, in the manner prescribed by the Secretary of
1596	State, the date each form is received by the supervisor, and the
1597	date the signature on the form is verified as valid. The
1598	supervisor may verify that the signature on a form is valid only
1599	if:
1600	(a)  The form contains the original signature of the
1601	purported elector.
1602	(b)  The purported elector has accurately recorded on the
1603	form the date on which he or she signed the form.
1604	(c)  The form accurately sets forth the purported elector's
1605	name, street address, city, county, and voter registration
1606	number or date of birth.
1607	(d)  The purported elector is, at the time he or she signs
1608	the form and at the time the form is verified, a duly qualified
1609	and registered elector authorized to vote in the state county in
1610	which his or her signature is submitted.
1611
1612	The supervisor shall retain the signature forms for at least 1
1613	year following the election in which the issue appeared on the
1614	ballot or until the Division of Elections notifies the
1615	supervisors of elections that the committee that which
1616	circulated the petition is no longer seeking to obtain ballot
1617	position.
1618	(6)(a)  An elector's signature on a petition form may be
1619	revoked within 150 days of the date on which he or she signed
1620	the petition form by submitting to the appropriate supervisor of
1621	elections a signed petition-revocation form.
1622	(b)  The petition-revocation form and the manner in which
1623	signatures are obtained, submitted, and verified shall be
1624	subject to the same relevant requirements and timeframes as the
1625	corresponding petition form and processes under this code and
1626	shall be approved by the Secretary of State before any signature
1627	on a petition-revocation form is obtained.
1628	(c)  In those circumstances in which a petition-revocation
1629	form for a corresponding initiative petition has not been
1630	submitted and approved, an elector may complete and submit a
1631	standard petition-revocation form directly to the supervisor of
1632	elections. All other requirements and processes apply for the
1633	submission and verification of the signatures as for initiative
1634	petitions.
1635	(d)  Supervisors of elections shall provide petition-
1636	revocation forms to the public at all main and branch offices.
1637	(e)  The petition-revocation form shall be filed with the
1638	supervisor of elections by February 1 preceding the next general
1639	election or, if the initiative amendment is not certified for
1640	ballot position in that election, by February 1 preceding the
1641	next successive general election. The supervisor of elections
1642	shall promptly verify the signature on the petition-revocation
1643	form and process such revocation upon payment, in advance, of a
1644	fee of 10 cents or the actual cost of verifying such signature,
1645	whichever is less. The supervisor shall promptly record each
1646	valid and verified signature on a petition-revocation form in
1647	the manner prescribed by the Secretary of State.
1648	(f)  The division shall adopt by rule the petition-
1649	revocation forms to be used under this subsection.
1650	(6)(7)  The Department of State may adopt rules in
1651	accordance with s. 120.54 to carry out the provisions of
1652	subsections (1)-(5) (1)-(6).
1653	(7)(8)  No provision of this code shall be deemed to
1654	prohibit a private person exercising lawful control over
1655	privately owned property, including property held open to the
1656	public for the purposes of a commercial enterprise, from
1657	excluding from such property persons seeking to engage in
1658	activity supporting or opposing initiative amendments.
1659	Section 24.  Effective July 1, 2012, subsections (3) and
1660	(4) of section 101.001, Florida Statutes, are amended to read:
1661	101.001  Precincts and polling places; boundaries.-
1662	(3)(a)  Each supervisor of elections shall maintain a
1663	suitable map drawn to a scale no smaller than 3 miles to the
1664	inch and clearly delineating all major observable features such
1665	as roads, streams, and railway lines and showing the current
1666	geographical boundaries of each precinct, representative
1667	district, and senatorial district, and other type of district in
1668	the county subject to the elections process in this code.
1669	(b)  The supervisor shall provide to the department data on
1670	all precincts in the county associated with the most recent
1671	decennial census blocks within each precinct.
1672	(c)  The department shall maintain a searchable database
1673	that contains the precincts and the corresponding most recent
1674	decennial census blocks within the precincts for each county,
1675	including a historical file that allows the census blocks to be
1676	traced through the prior decade.
1677	(d)(b)  The supervisor of elections shall notify the
1678	Secretary of State in writing within 10 30 days after any
1679	reorganization of precincts and shall furnish a copy of the map
1680	showing the current geographical boundaries and designation of
1681	each new precinct. However, if precincts are composed of whole
1682	census blocks, the supervisor may furnish, in lieu of a copy of
1683	the map, a list, in an electronic format prescribed by the
1684	Department of State, associating each census block in the county
1685	with its precinct.
1686	(e)(c)  Any precinct established or altered under the
1687	provisions of this section shall consist of areas bounded on all
1688	sides only by census block boundaries from the most recent
1689	United States Census. If the census block boundaries split or
1690	conflict with another political boundary listed below, the
1691	boundary listed below may be used:
1692	1.  Census block boundaries from the most recent United
1693	States Census;
1694	1.2.  Governmental unit boundaries reported in the most
1695	recent Boundary and Annexation Survey published by the United
1696	States Census Bureau;
1697	2.3.  Visible features that are readily distinguishable
1698	upon the ground, such as streets, railroads, tracks, streams,
1699	and lakes, and that are indicated upon current census maps,
1700	official Department of Transportation maps, official municipal
1701	maps, official county maps, or a combination of such maps;
1702	3.4.  Boundaries of public parks, public school grounds, or
1703	churches; or
1704	4.5.  Boundaries of counties, incorporated municipalities,
1705	or other political subdivisions that meet criteria established
1706	by the United States Census Bureau for block boundaries.
1707	(d)  Until July 1, 2012, a supervisor may apply for and
1708	obtain from the Secretary of State a waiver of the requirement
1709	in paragraph (c).
1710	(4)(a)  Within 10 days after there is any change in the
1711	division, number, or boundaries of the precincts, or the
1712	location of the polling places, the supervisor of elections
1713	shall make in writing an accurate description of any new or
1714	altered precincts, setting forth the boundary lines and shall
1715	identify the location of each new or altered polling place. A
1716	copy of the document describing such changes shall be posted at
1717	the supervisor's office.
1718	(b)  Any changes in the county precinct data shall be
1719	provided to the department within 10 days after a change.
1720	(c)  Precinct data shall include all precincts for which
1721	precinct-level election results and voting history results are
1722	reported.
1723	Section 25.  Section 101.043, Florida Statutes, is amended
1724	to read:
1725	101.043  Identification required at polls.-
1726	(1)(a)  The precinct register, as prescribed in s. 98.461,
1727	shall be used at the polls for the purpose of identifying the
1728	elector at the polls before prior to allowing him or her to
1729	vote. The clerk or inspector shall require each elector, upon
1730	entering the polling place, to present one of the following
1731	current and valid picture identifications:
1732	1.(a)  Florida driver's license.
1733	2.(b)  Florida identification card issued by the Department
1734	of Highway Safety and Motor Vehicles.
1735	3.(c)  United States passport.
1736	4.(d)  Debit or credit card.
1737	5.(e)  Military identification.
1738	6.(f)  Student identification.
1739	7.(g)  Retirement center identification.
1740	8.(h)  Neighborhood association identification.
1741	9.(i)  Public assistance identification.
1742	(b)  If the picture identification does not contain the
1743	signature of the elector voter, an additional identification
1744	that provides the elector's voter's signature shall be required.
1745	The address appearing on the identification presented by the
1746	elector may not be used as the basis to confirm an elector's
1747	legal residence or otherwise challenge an elector's legal
1748	residence. The elector shall sign his or her name in the space
1749	provided on the precinct register or on an electronic device
1750	provided for recording the elector's voter's signature. The
1751	clerk or inspector shall compare the signature with that on the
1752	identification provided by the elector and enter his or her
1753	initials in the space provided on the precinct register or on an
1754	electronic device provided for that purpose and allow the
1755	elector to vote if the clerk or inspector is satisfied as to the
1756	identity of the elector.
1757	(c)  When an elector presents his or her picture
1758	identification to the clerk or inspector and the elector's
1759	address on the picture identification matches the elector's
1760	address in the supervisor's records, the elector may not be
1761	asked to provide additional information or to recite his or her
1762	home address.
1763	(2)  If the elector fails to furnish the required
1764	identification, the elector shall be allowed to vote a
1765	provisional ballot. The canvassing board shall determine the
1766	validity of the ballot pursuant to s. 101.048(2).
1767	Section 26.  Section 101.045, Florida Statutes, is amended
1768	to read:
1769	101.045  Electors must be registered in precinct;
1770	provisions for change of residence or name.-
1771	(1)  A No person is not shall be permitted to vote in any
1772	election precinct or district other than the one in which the
1773	person has his or her legal residence and in which the person is
1774	registered. However, a person temporarily residing outside the
1775	county shall be registered in the precinct in which the main
1776	office of the supervisor, as designated by the supervisor, is
1777	located when the person has no permanent address in the county
1778	and it is the person's intention to remain a resident of Florida
1779	and of the county in which he or she is registered to vote. Such
1780	persons who are registered in the precinct in which the main
1781	office of the supervisor, as designated by the supervisor, is
1782	located and who are residing outside the county with no
1783	permanent address in the county shall not be registered electors
1784	of a municipality and therefore shall not be permitted to vote
1785	in any municipal election.
1786	(2)(a)  An elector who moves from the precinct in which the
1787	elector is registered may be permitted to vote in the precinct
1788	to which he or she has moved his or her legal residence, if the
1789	change of residence is within the same county and the provided
1790	such elector completes an affirmation in substantially the
1791	following form:
1792	Change of Legal Residence of Registered
1793	Voter
1794	Under penalties for false swearing, I, ...(Name of voter)...,
1795	swear (or affirm) that the former address of my legal residence
1796	was ...(Address of legal residence)... in the municipality of
1797	...., in .... County, Florida, and I was registered to vote in
1798	the .... precinct of .... County, Florida; that I have not voted
1799	in the precinct of my former registration in this election; that
1800	I now reside at ...(Address of legal residence)... in the
1801	Municipality of ...., in .... County, Florida, and am therefore
1802	eligible to vote in the .... precinct of .... County, Florida;
1803	and I further swear (or affirm) that I am otherwise legally
1804	registered and entitled to vote.
1805	...(Signature of voter whose address of legal residence has
1806	changed)...
1807	(b)  Except for an active uniformed services voter or a
1808	member of his or her family, an elector whose change of address
1809	is from outside the county may not change his or her legal
1810	residence at the polling place and vote a regular ballot;
1811	however, such elector is entitled to vote a provisional ballot.
1812	(c)(b)  An elector whose name changes because of marriage
1813	or other legal process may be permitted to vote, provided such
1814	elector completes an affirmation in substantially the following
1815	form:
1816	Change of Name of Registered
1817	Voter
1818	Under penalties for false swearing, I, ...(New name of
1819	voter)..., swear (or affirm) that my name has been changed
1820	because of marriage or other legal process. My former name and
1821	address of legal residence appear on the registration records of
1822	precinct .... as follows:
1823	Name
1824	Address
1825	Municipality
1826	County
1827	Florida, Zip
1828	My present name and address of legal residence are as follows:
1829	Name
1830	Address
1831	Municipality
1832	County
1833	Florida, Zip
1834	and I further swear (or affirm) that I am otherwise legally
1835	registered and entitled to vote.
1836	...(Signature of voter whose name has changed)...
1837	(d)(c)  Instead of the affirmation contained in paragraph
1838	(a) or paragraph (c) (b), an elector may complete a voter
1839	registration application that indicates the change of name or
1840	change of address of legal residence.
1841	(e)(d)  Such affirmation or application, when completed and
1842	presented at the precinct in which such elector is entitled to
1843	vote, and upon verification of the elector's registration, shall
1844	entitle such elector to vote as provided in this subsection. If
1845	the elector's eligibility to vote cannot be determined, he or
1846	she shall be entitled to vote a provisional ballot, subject to
1847	the requirements and procedures in s. 101.048. Upon receipt of
1848	an affirmation or application certifying a change in address of
1849	legal residence or name, the supervisor shall as soon as
1850	practicable make the necessary changes in the statewide voter
1851	registration system to indicate the change in address of legal
1852	residence or name of such elector.
1853	Section 27.  Subsection (2) of section 101.131, Florida
1854	Statutes, is amended, and subsections (4) and (5) are added to
1855	that section, to read:
1856	101.131  Watchers at polls.-
1857	(2)  Each party, each political committee, and each
1858	candidate requesting to have poll watchers shall designate, in
1859	writing to the supervisors of elections, on a form prescribed by
1860	the division, before prior to noon of the second Tuesday
1861	preceding the election poll watchers for each polling room on
1862	election day. Designations of poll watchers for early voting
1863	areas shall be submitted in writing to the supervisor of
1864	elections, on a form prescribed by the division, before noon at
1865	least 14 days before early voting begins. The poll watchers for
1866	each polling rooms room shall be approved by the supervisor of
1867	elections on or before the Tuesday before the election. Poll
1868	watchers for early voting areas shall be approved by the
1869	supervisor of elections no later than 7 days before early voting
1870	begins. The supervisor shall furnish to each election board a
1871	list of the poll watchers designated and approved for such
1872	polling rooms room or early voting areas area. Designation of
1873	poll watchers shall be made by the chair of the county executive
1874	committee of a political party, the chair of a political
1875	committee, or the candidate requesting to have poll watchers.
1876	(4)  All poll watchers shall be allowed to enter and watch
1877	polls in all polling rooms and early voting areas within the
1878	county in which they have been designated if the number of poll
1879	watchers at any particular polling place does not exceed the
1880	number provided in this section.
1881	(5)  The supervisor of elections shall provide to each
1882	designated poll watcher, no later than 7 days before early
1883	voting begins, a poll watcher identification badge that
1884	identifies the poll watcher by name. Each poll watcher must wear
1885	his or her identification badge while in the polling room or
1886	early voting area.
1887	Section 28.  Subsections (1), (2), and (3) of section
1888	101.151, Florida Statutes, are amended to read:
1889	101.151 Specifications for ballots.-
1890	(1)(a)  Marksense ballots shall be printed on paper of such
1891	thickness that the printing cannot be distinguished from the
1892	back and shall meet the specifications of the voting system that
1893	will be used to tabulate the ballots.
1894	(b)  Early voting sites may employ a ballot-on-demand
1895	production system to print individual marksense ballots,
1896	including provisional ballots, for eligible electors pursuant to
1897	s. 101.657. Ballot-on-demand technology may be used to produce
1898	marksense absentee and election-day ballots. Not later than 30
1899	days before an election, the Secretary of State may also
1900	authorize in writing the use of ballot-on-demand technology for
1901	the production of election-day ballots.
1902	(2)(a)  The ballot shall have the following office titles
1903	headings under which shall appear the names of the offices and
1904	the names of the candidates for the respective offices in the
1905	following order:
1906	1.  The office titles of heading "President and Vice
1907	President" and thereunder the names of the candidates for
1908	President and Vice President of the United States nominated by
1909	the political party that received the highest vote for Governor
1910	in the last general election of the Governor in this state. Then
1911	shall appear the names of other candidates for President and
1912	Vice President of the United States who have been properly
1913	nominated.
1914	2.  The office titles Then shall follow the heading
1915	"Congressional" and thereunder the offices of United States
1916	Senator and Representative in Congress.;
1917	3.  The office titles then the heading "State" and
1918	thereunder the offices of Governor and Lieutenant Governor;,
1919	Attorney General;, Chief Financial Officer;, Commissioner of
1920	Agriculture;, State Attorney, with the applicable judicial
1921	circuit; and Public Defender, with the applicable judicial
1922	circuit.
1923	4.  together with the names of the candidates for each
1924	office and the title of the office which they seek; then the
1925	heading "Legislative" and thereunder The office titles offices
1926	of State Senator and State Representative, with the applicable
1927	district for the office printed beneath.; then the heading
1928	"County" and thereunder
1929	5.  The office titles of Clerk of the Circuit Court, or
1930	Clerk of the Circuit Court and Comptroller (whichever is
1931	applicable and when authorized by law), Clerk of the County
1932	Court (when authorized by law), Sheriff, Property Appraiser, Tax
1933	Collector, District Superintendent of Schools, and Supervisor of
1934	Elections.
1935	6.  The office titles Thereafter follows: members of the
1936	Board of County Commissioners, with the applicable district
1937	printed beneath each office, and such other county and district
1938	offices as are involved in the election, in the order fixed by
1939	the Department of State, followed, in the year of their
1940	election, by "Party Offices," and thereunder the offices of
1941	state and county party executive committee members.
1942	(b)  In a general election, in addition to the names
1943	printed on the ballot, a blank space shall be provided under
1944	each heading for an office for which a write-in candidate has
1945	qualified. With respect to write-in candidates, if two or more
1946	candidates are seeking election to one office, only one blank
1947	space shall be provided.
1948	(c)(b)  When more than one candidate is nominated for
1949	office, the candidates for such office shall qualify and run in
1950	a group or district, and the group or district number shall be
1951	printed beneath the name of the office. Each nominee of a
1952	political party chosen in a primary shall appear on the general
1953	election ballot in the same numbered group or district as on the
1954	primary election ballot.
1955	(d)(c)  If in any election all the offices as set forth in
1956	paragraph (a) are not involved, those offices not to be filled
1957	shall be omitted and the remaining offices shall be arranged on
1958	the ballot in the order named.
1959	(3)(a)  The names of the candidates of the party that
1960	received the highest number of votes for Governor in the last
1961	election in which a Governor was elected shall be placed first
1962	under the heading for each office on the general election
1963	ballot, together with an appropriate abbreviation of the party
1964	name; the names of the candidates of the party that received the
1965	second highest vote for Governor shall be placed second under
1966	the heading for each office, together with an appropriate
1967	abbreviation of the party name.
1968	(b)  Minor political party candidates and candidates with
1969	no party affiliation shall have their names appear on the
1970	general election ballot following the names of recognized
1971	political parties, in the same order as they were qualified,
1972	certified followed by the names of candidates with no party
1973	affiliation, in the order as they were qualified.
1974	Section 29.  Section 101.161, Florida Statutes, is amended
1975	to read:
1976	101.161  Referenda; ballots.-
1977	(1)  Whenever a constitutional amendment or other public
1978	measure is submitted to the vote of the people, a ballot summary
1979	the substance of such amendment or other public measure shall be
1980	printed in clear and unambiguous language on the ballot after
1981	the list of candidates, followed by the word "yes" and also by
1982	the word "no," and shall be styled in such a manner that a "yes"
1983	vote will indicate approval of the proposal and a "no" vote will
1984	indicate rejection. The ballot summary wording of the substance
1985	of the amendment or other public measure and the ballot title to
1986	appear on the ballot shall be embodied in the joint resolution,
1987	constitutional revision commission proposal, constitutional
1988	convention proposal, taxation and budget reform commission
1989	proposal, or enabling resolution or ordinance. The ballot
1990	summary Except for amendments and ballot language proposed by
1991	joint resolution, the substance of the amendment or other public
1992	measure shall be an explanatory statement, not exceeding 75
1993	words in length, of the chief purpose of the measure. In
1994	addition, for every amendment proposed by initiative, the ballot
1995	shall include, following the ballot summary, a separate
1996	financial impact statement concerning the measure prepared by
1997	the Financial Impact Estimating Conference in accordance with s.
1998	100.371(5). The ballot title shall consist of a caption, not
1999	exceeding 15 words in length, by which the measure is commonly
2000	referred to or spoken of. This subsection does not apply to
2001	constitutional amendments or revisions proposed by joint
2002	resolution.
2003	(2)  The ballot summary substance and ballot title of a
2004	constitutional amendment proposed by initiative shall be
2005	prepared by the sponsor and approved by the Secretary of State
2006	in accordance with rules adopted pursuant to s. 120.54. The
2007	Department of State shall give each proposed constitutional
2008	amendment a designating number for convenient reference. This
2009	number designation shall appear on the ballot. Designating
2010	numbers shall be assigned in the order of filing or
2011	certification and in accordance with rules adopted by the
2012	Department of State. The Department of State shall furnish the
2013	designating number, the ballot title, and, unless otherwise
2014	specified in a joint resolution, the ballot summary the
2015	substance of each amendment to the supervisor of elections of
2016	each county in which such amendment is to be voted on.
2017	(3)(a)  Each joint resolution that proposes a
2018	constitutional amendment or revision shall include one or more
2019	ballot statements set forth in order of priority. Each ballot
2020	statement shall consist of a ballot title, by which the measure
2021	is commonly referred to or spoken of, not exceeding 15 words in
2022	length, and either a ballot summary that describes the chief
2023	purpose of the amendment or revision in clear and unambiguous
2024	language, or the full text of the amendment or revision. The
2025	Department of State shall furnish a designating number pursuant
2026	to subsection (2) and the appropriate ballot statement to the
2027	supervisor of elections of each county. The ballot statement
2028	shall be printed on the ballot after the list of candidates,
2029	followed by the word "yes" and also by the word "no," and shall
2030	be styled in such a manner that a "yes" vote will indicate
2031	approval of the amendment or revision and a "no" vote will
2032	indicate rejection.
2033	(b)1.  Any action for a judicial determination that one or
2034	more ballot statements embodied in a joint resolution are
2035	defective must be commenced by filing a complaint or petition
2036	with the appropriate court within 30 days after the joint
2037	resolution is filed with the Secretary of State. The complaint
2038	or petition shall assert all grounds for challenge to each
2039	ballot statement. Any ground not asserted within 30 days after
2040	the joint resolution is filed with the Secretary of State is
2041	waived.
2042	2.  The court, including any appellate court, shall accord
2043	an action described in subparagraph 1. priority over other
2044	pending cases and render a decision as expeditiously as
2045	possible. If the court finds that all ballot statements embodied
2046	in a joint resolution are defective and further appeals are
2047	declined, abandoned, or exhausted, unless otherwise provided in
2048	the joint resolution, the Attorney General shall, within 10
2049	days, prepare and submit to the Department of State a revised
2050	ballot title or ballot summary that corrects the deficiencies
2051	identified by the court, and the Department of State shall
2052	furnish a designating number and the revised ballot title or
2053	ballot summary to the supervisor of elections of each county for
2054	placement on the ballot. The court shall retain jurisdiction
2055	over challenges to a revised ballot title or ballot summary
2056	prepared by the Attorney General, and any challenge to a revised
2057	ballot title or ballot summary must be filed within 10 days
2058	after a revised ballot title or ballot summary is submitted to
2059	the Department of State.
2060	3.  A ballot statement that consists of the full text of an
2061	amendment or revision shall be presumed to be a clear and
2062	unambiguous statement of the substance and effect of the
2063	amendment or revision, providing fair notice to the electors of
2064	the content of the amendment or revision and sufficiently
2065	advising electors of the issue upon which they are to vote.
2066	(4)(3)(a)  For any general election in which the Secretary
2067	of State, for any circuit, or the supervisor of elections, for
2068	any county, has certified the ballot position for an initiative
2069	to change the method of selection of judges, the ballot for any
2070	circuit must contain the statement in paragraph (b) or paragraph
2071	(c) and the ballot for any county must contain the statement in
2072	paragraph (d) or paragraph (e).
2073	(b)  In any circuit where the initiative is to change the
2074	selection of circuit court judges to selection by merit
2075	selection and retention, the ballot shall state: "Shall the
2076	method of selecting circuit court judges in the ...(number of
2077	the circuit)... judicial circuit be changed from election by a
2078	vote of the people to selection by the judicial nominating
2079	commission and appointment by the Governor with subsequent terms
2080	determined by a retention vote of the people?" This statement
2081	must be followed by the word "yes" and also by the word "no."
2082	(c)  In any circuit where the initiative is to change the
2083	selection of circuit court judges to election by the voters, the
2084	ballot shall state: "Shall the method of selecting circuit court
2085	judges in the ...(number of the circuit)... judicial circuit be
2086	changed from selection by the judicial nominating commission and
2087	appointment by the Governor with subsequent terms determined by
2088	a retention vote of the people to election by a vote of the
2089	people?" This statement must be followed by the word "yes" and
2090	also by the word "no."
2091	(d)  In any county where the initiative is to change the
2092	selection of county court judges to merit selection and
2093	retention, the ballot shall state: "Shall the method of
2094	selecting county court judges in ...(name of county)... be
2095	changed from election by a vote of the people to selection by
2096	the judicial nominating commission and appointment by the
2097	Governor with subsequent terms determined by a retention vote of
2098	the people?" This statement must be followed by the word "yes"
2099	and also by the word "no."
2100	(e)  In any county where the initiative is to change the
2101	selection of county court judges to election by the voters, the
2102	ballot shall state: "Shall the method of selecting county court
2103	judges in ...(name of the county)... be changed from selection
2104	by the judicial nominating commission and appointment by the
2105	Governor with subsequent terms determined by a retention vote of
2106	the people to election by a vote of the people?" This statement
2107	must be followed by the word "yes" and also by the word "no."
2108	Section 30.  The amendment of section 101.161, Florida
2109	Statutes, made by this act applies retroactively to all joint
2110	resolutions adopted by the Legislature during the 2011 Regular
2111	Session, except that any legal action challenging a ballot title
2112	or ballot summary embodied in such joint resolution or
2113	challenging placement on the ballot of the full text of the
2114	proposed amendment or revision to the State Constitution as
2115	specified in such joint resolution must be commenced within 30
2116	days after the effective date of this act or within 30 days
2117	after the joint resolution to which a challenge relates is filed
2118	with the Secretary of State, whichever occurs later.
2119	Section 31.  Paragraph (a) of subsection (2) of section
2120	101.5605, Florida Statutes, is amended to read:
2121	101.5605 Examination and approval of equipment.-
2122	(2)(a)  Any person owning or interested in an electronic or
2123	electromechanical voting system may submit it to the Department
2124	of State for examination. The vote counting segment shall be
2125	certified after a satisfactory evaluation testing has been
2126	performed according to the standards adopted under s. 101.015(1)
2127	electronic industry standards. This testing shall include, but
2128	is not limited to, testing of all software required for the
2129	voting system's operation; the ballot reader; the rote
2130	processor, especially in its logic and memory components; the
2131	digital printer; the fail-safe operations; the counting center
2132	environmental requirements; and the equipment reliability
2133	estimate. For the purpose of assisting in examining the system,
2134	the department shall employ or contract for services of at least
2135	one individual who is expert in one or more fields of data
2136	processing, mechanical engineering, and public administration
2137	and shall require from the individual a written report of his or
2138	her examination.
2139	Section 32.  Subsection (11) of section 101.5606, Florida
2140	Statutes, is amended to read
2141	101.5606 Requirements for approval of systems.-No
2142	electronic or electromechanical voting system shall be approved
2143	by the Department of State unless it is so constructed that:
2144	(11)  It is capable of automatically producing precinct
2145	totals in printed, marked, or punched form, or a combination
2146	thereof.
2147	Section 33.  Subsection (4) is added to section 101.56075,
2148	Florida Statutes, to read:
2149	101.56075  Voting methods.-
2150	(4)  By December 31, 2013, all voting systems utilized by
2151	voters during a state election shall permit placement on the
2152	ballot of the full text of a constitutional amendment or
2153	revision containing stricken or underlined text.
2154	Section 34.  Paragraph (a) of subsection (4) of section
2155	101.5612, Florida Statutes, is amended to read:
2156	101.5612  Testing of tabulating equipment.-
2157	(4)(a)1.  For electronic or electromechanical voting
2158	systems configured to include electronic or electromechanical
2159	tabulation devices which are distributed to the precincts, all
2160	or a sample of the devices to be used in the election shall be
2161	publicly tested. If a sample is to be tested, the sample shall
2162	consist of a random selection of at least 5 percent or 10 of the
2163	devices for an optical scan system or 2 percent of the devices
2164	for a touchscreen system or 10 of the devices for either system,
2165	as applicable, whichever is greater. For touchscreen systems
2166	used for voters having a disability, a sample of at least 2
2167	percent of the devices must be tested. The test shall be
2168	conducted by processing a group of ballots, causing the device
2169	to output results for the ballots processed, and comparing the
2170	output of results to the results expected for the ballots
2171	processed. The group of ballots shall be produced so as to
2172	record a predetermined number of valid votes for each candidate
2173	and on each measure and to include for each office one or more
2174	ballots which have activated voting positions in excess of the
2175	number allowed by law in order to test the ability of the
2176	tabulating device to reject such votes.
2177	2.  If any tested tabulating device is found to have an
2178	error in tabulation, it shall be deemed unsatisfactory. For each
2179	device deemed unsatisfactory, the canvassing board shall take
2180	steps to determine the cause of the error, shall attempt to
2181	identify and test other devices that could reasonably be
2182	expected to have the same error, and shall test a number of
2183	additional devices sufficient to determine that all devices are
2184	satisfactory. Upon deeming any device unsatisfactory, the
2185	canvassing board may require all devices to be tested or may
2186	declare that all devices are unsatisfactory.
2187	3.  If the operation or output of any tested tabulation
2188	device, such as spelling or the order of candidates on a report,
2189	is in error, such problem shall be reported to the canvassing
2190	board. The canvassing board shall then determine if the reported
2191	problem warrants its deeming the device unsatisfactory.
2192	Section 35.  Subsection (4) of section 101.5614, Florida
2193	Statutes, is amended to read:
2194	101.5614 Canvass of returns.-
2195	(4)  If ballot cards are used, and separate write-in
2196	ballots or envelopes for casting write-in votes are used, write-
2197	in ballots or the envelopes on which write-in ballots have been
2198	cast shall be serially numbered, starting with the number one,
2199	and the same number shall be placed on the ballot card of the
2200	voter. This process may be completed at either the precinct by
2201	the election board or at the central counting location. For each
2202	ballot or ballot image and ballot envelope on which write-in
2203	votes have been cast, the canvassing board shall compare the
2204	write-in votes with the votes cast on the ballot card; if the
2205	total number of votes for any office exceeds the number allowed
2206	by law, a notation to that effect, specifying the office
2207	involved, shall be entered on the back of the ballot card or in
2208	a margin if voting areas are printed on both sides of the ballot
2209	card. such votes shall not be counted. All valid votes shall be
2210	tallied by the canvassing board.
2211	Section 36.  Subsection (6) is added to section 101.591,
2212	Florida Statutes, to read:
2213	101.591  Voting system audit.-
2214	(6)  If a manual recount is undertaken pursuant to s.
2215	102.166, the canvassing board is not required to perform the
2216	audit provided for in this section.
2217	Section 37.  Paragraphs (a) and (b) of subsection (1) and
2218	subsections (3) and (4) of section 101.62, Florida Statutes, are
2219	amended to read:
2220	101.62  Request for absentee ballots.-
2221	(1)(a)  The supervisor shall accept a request for an
2222	absentee ballot from an elector in person or in writing. One
2223	request shall be deemed sufficient to receive an absentee ballot
2224	for all elections through the end of the calendar year of the
2225	second ensuing next regularly scheduled general election, unless
2226	the elector or the elector's designee indicates at the time the
2227	request is made the elections for which the elector desires to
2228	receive an absentee ballot. Such request may be considered
2229	canceled when any first-class mail sent by the supervisor to the
2230	elector is returned as undeliverable.
2231	(b)  The supervisor may accept a written or telephonic
2232	request for an absentee ballot from the elector, or, if directly
2233	instructed by the elector, a member of the elector's immediate
2234	family, or the elector's legal guardian. For purposes of this
2235	section, the term "immediate family" has the same meaning as
2236	specified in paragraph (4)(c) (4)(b). The person making the
2237	request must disclose:
2238	1.  The name of the elector for whom the ballot is
2239	requested.
2240	2.  The elector's address.
2241	3.  The elector's date of birth.
2242	4.  The requester's name.
2243	5.  The requester's address.
2244	6.  The requester's driver's license number, if available.
2245	7.  The requester's relationship to the elector.
2246	8.  The requester's signature (written requests only).
2247	(3)  For each request for an absentee ballot received, the
2248	supervisor shall record the date the request was made, the date
2249	the absentee ballot was delivered to the voter or the voter's
2250	designee or the date the absentee ballot was delivered to the
2251	post office or other carrier, the date the ballot was received
2252	by the supervisor, and such other information he or she may deem
2253	necessary. This information shall be provided in electronic
2254	format as provided by rule adopted by the division. The
2255	information shall be updated and made available no later than 8
2256	a.m. noon of each day, including weekends, beginning 60 days
2257	before the primary until 15 days after the general election and
2258	shall be contemporaneously provided to the division. This
2259	information shall be confidential and exempt from the provisions
2260	of s. 119.07(1) and shall be made available to or reproduced
2261	only for the voter requesting the ballot, a canvassing board, an
2262	election official, a political party or official thereof, a
2263	candidate who has filed qualification papers and is opposed in
2264	an upcoming election, and registered political committees or
2265	registered committees of continuous existence, for political
2266	purposes only.
2267	(4)(a)  No later than 45 days before each presidential
2268	preference primary election, primary election, and general
2269	election, the supervisor of elections shall send an absentee
2270	ballot as provided in subparagraph (c)2. (b)2. to each absent
2271	uniformed services voter and to each overseas voter who has
2272	requested an absentee ballot.
2273	(b)  The supervisor of elections shall mail an absentee
2274	ballot to each absent qualified voter, other than those listed
2275	in paragraph (a), who has requested such a ballot, between the
2276	35th and 28th days before the presidential preference primary
2277	election, primary election, and general election. Except as
2278	otherwise provided in subsection (2) and after the period
2279	described in this paragraph, the supervisor shall mail absentee
2280	ballots within 2 business days after receiving a request for
2281	such a ballot.
2282	(c)(b)  The supervisor shall provide an absentee ballot to
2283	each elector by whom a request for that ballot has been made by
2284	one of the following means:
2285	1.  By nonforwardable, return-if-undeliverable mail to the
2286	elector's current mailing address on file with the supervisor
2287	or, unless the elector specifies in the request that:
2288	a.  The elector is absent from the county and does not plan
2289	to return before the day of the election;
2290	b.  The elector is temporarily unable to occupy the
2291	residence because of hurricane, tornado, flood, fire, or other
2292	emergency or natural disaster; or
2293	c.  The elector is in a hospital, assisted living facility,
2294	nursing home, short-term medical or rehabilitation facility, or
2295	correctional facility,
2296
2297	in which case the supervisor shall mail the ballot by
2298	nonforwardable, return-if-undeliverable mail to any other
2299	address the elector specifies in the request.
2300	2.  By forwardable mail, e-mail, or facsimile machine
2301	transmission to absent uniformed services voters and overseas
2302	voters. The absent uniformed services voter or overseas voter
2303	may designate in the absentee ballot request the preferred
2304	method of transmission. If the voter does not designate the
2305	method of transmission, the absentee ballot shall be mailed.
2306	3.  By personal delivery before 7 p.m. on election day to
2307	the elector, upon presentation of the identification required in
2308	s. 101.043.
2309	4.  By delivery to a designee on election day or up to 5
2310	days prior to the day of an election. Any elector may designate
2311	in writing a person to pick up the ballot for the elector;
2312	however, the person designated may not pick up more than two
2313	absentee ballots per election, other than the designee's own
2314	ballot, except that additional ballots may be picked up for
2315	members of the designee's immediate family. For purposes of this
2316	section, "immediate family" means the designee's spouse or the
2317	parent, child, grandparent, or sibling of the designee or of the
2318	designee's spouse. The designee shall provide to the supervisor
2319	the written authorization by the elector and a picture
2320	identification of the designee and must complete an affidavit.
2321	The designee shall state in the affidavit that the designee is
2322	authorized by the elector to pick up that ballot and shall
2323	indicate if the elector is a member of the designee's immediate
2324	family and, if so, the relationship. The department shall
2325	prescribe the form of the affidavit. If the supervisor is
2326	satisfied that the designee is authorized to pick up the ballot
2327	and that the signature of the elector on the written
2328	authorization matches the signature of the elector on file, the
2329	supervisor shall give the ballot to that designee for delivery
2330	to the elector.
2331	Section 38.  Section 101.65, Florida Statutes, is amended
2332	to read:
2333	101.65  Instructions to absent electors.-The supervisor
2334	shall enclose with each absentee ballot separate printed
2335	instructions in substantially the following form:
2336
2337	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
2338	1.  VERY IMPORTANT. In order to ensure that your absentee
2339	ballot will be counted, it should be completed and returned as
2340	soon as possible so that it can reach the supervisor of
2341	elections of the county in which your precinct is located no
2342	later than 7 p.m. on the day of the election.
2343	2.  Mark your ballot in secret as instructed on the ballot.
2344	You must mark your own ballot unless you are unable to do so
2345	because of blindness, disability, or inability to read or write.
2346	3.  Mark only the number of candidates or issue choices for
2347	a race as indicated on the ballot. If you are allowed to "Vote
2348	for One" candidate and you vote for more than one candidate,
2349	your vote in that race will not be counted.
2350	4.  Place your marked ballot in the enclosed secrecy
2351	envelope.
2352	5.  Insert the secrecy envelope into the enclosed mailing
2353	envelope which is addressed to the supervisor.
2354	6.  Seal the mailing envelope and completely fill out the
2355	Voter's Certificate on the back of the mailing envelope.
2356	7.  VERY IMPORTANT. In order for your absentee ballot to be
2357	counted, you must sign your name on the line above (Voter's
2358	Signature). An absentee ballot will be considered illegal and
2359	not be counted if the signature on the voter's certificate does
2360	not match the signature on record. The signature on file at the
2361	start of the canvass of the absentee ballots is the signature
2362	that will be used to verify your signature on the voter's
2363	certificate. If you need to update your signature for this
2364	election, send your signature update on a voter registration
2365	application to your supervisor of elections so that it is
2366	received no later than the start of the canvassing of absentee
2367	ballots, which occurs no earlier than the 15th day before
2368	election day.
2369	8.  VERY IMPORTANT. If you are an overseas voter, you must
2370	include the date you signed the Voter's Certificate on the line
2371	above (Date) or your ballot may not be counted.
2372	9.  Mail, deliver, or have delivered the completed mailing
2373	envelope. Be sure there is sufficient postage if mailed.
2374	10.  FELONY NOTICE. It is a felony under Florida law to
2375	accept any gift, payment, or gratuity in exchange for your vote
2376	for a candidate. It is also a felony under Florida law to vote
2377	in an election using a false identity or false address, or under
2378	any other circumstances making your ballot false or fraudulent.
2379	Section 39.  Subsection (1) of section 101.657, Florida
2380	Statutes, is amended to read:
2381	101.657  Early voting.-
2382	(1)(a)  As a convenience to the voter, the supervisor of
2383	elections shall allow an elector to vote early in the main or
2384	branch office of the supervisor. The supervisor shall mark,
2385	code, indicate on, or otherwise track the voter's precinct for
2386	each early voted ballot. In order for a branch office to be used
2387	for early voting, it shall be a permanent facility of the
2388	supervisor and shall have been designated and used as such for
2389	at least 1 year prior to the election. The supervisor may also
2390	designate any city hall or permanent public library facility as
2391	early voting sites; however, if so designated, the sites must be
2392	geographically located so as to provide all voters in the county
2393	an equal opportunity to cast a ballot, insofar as is
2394	practicable. The results or tabulation of votes cast during
2395	early voting may not be made before the close of the polls on
2396	election day. Results shall be reported by precinct.
2397	(b)  The supervisor shall designate each early voting site
2398	by no later than the 30th day prior to an election and shall
2399	designate an early voting area, as defined in s. 97.021, at each
2400	early voting site. The supervisor shall provide to the division
2401	no later than the 30th day before an election the address of
2402	each early voting site and the hours that early voting will
2403	occur at each site.
2404	(c)  All early voting sites in a county shall be open on
2405	the same days for the same amount of time and shall allow any
2406	person in line at the closing of an early voting site to vote.
2407	(d)  Early voting shall begin on the 10th 15th day before
2408	an election that contains state or federal races and end on the
2409	3rd 2nd day before the an election, and. For purposes of a
2410	special election held pursuant to s. 100.101, early voting shall
2411	begin on the 8th day before an election and end on the 2nd day
2412	before an election. Early voting shall be provided for no less
2413	than 6 8 hours and no more than 12 hours per day weekday and 8
2414	hours in the aggregate each weekend at each site during the
2415	applicable period periods. The supervisor of elections may
2416	provide early voting for elections that are not held in
2417	conjunction with a state or federal election. However, the
2418	supervisor has the discretion to determine the hours of
2419	operation of early voting sites in those elections. Early voting
2420	sites shall open no sooner than 7 a.m. and close no later than 7
2421	p.m. on each applicable day.
2422	(e)  Notwithstanding the requirements of s. 100.3605,
2423	municipalities may provide early voting in municipal elections
2424	that are not held in conjunction with county or state elections.
2425	If a municipality provides early voting, it may designate as
2426	many sites as necessary and shall conduct its activities in
2427	accordance with the provisions of paragraphs (a)-(c). The
2428	supervisor is not required to conduct early voting if it is
2429	provided pursuant to this subsection.
2430	(f)  Notwithstanding the requirements of s. 189.405,
2431	special districts may provide early voting in any district
2432	election not held in conjunction with county or state elections.
2433	If a special district provides early voting, it may designate as
2434	many sites as necessary and shall conduct its activities in
2435	accordance with the provisions of paragraphs (a)-(c). The
2436	supervisor is not required to conduct early voting if it is
2437	provided pursuant to this subsection.
2438	Section 40.  Paragraph (a) of subsection (2) of section
2439	101.68, Florida Statutes, is amended to read:
2440	101.68  Canvassing of absentee ballot.-
2441	(2)(a)  The county canvassing board may begin the
2442	canvassing of absentee ballots at 7 a.m. on the 15th sixth day
2443	before the election, but not later than noon on the day
2444	following the election. In addition, for any county using
2445	electronic tabulating equipment, the processing of absentee
2446	ballots through such tabulating equipment may begin at 7 a.m. on
2447	the 15th sixth day before the election. However, notwithstanding
2448	any such authorization to begin canvassing or otherwise
2449	processing absentee ballots early, no result shall be released
2450	until after the closing of the polls in that county on election
2451	day. Any supervisor of elections, deputy supervisor of
2452	elections, canvassing board member, election board member, or
2453	election employee who releases the results of a canvassing or
2454	processing of absentee ballots prior to the closing of the polls
2455	in that county on election day commits a felony of the third
2456	degree, punishable as provided in s. 775.082, s. 775.083, or s.
2457	775.084.
2458	Section 41.  Subsection (2) of section 101.6923, Florida
2459	Statutes, is amended to read:
2460	101.6923  Special absentee ballot instructions for certain
2461	first-time voters.-
2462	(2)  A voter covered by this section shall be provided with
2463	printed instructions with his or her absentee ballot in
2464	substantially the following form:
2465
2466	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
2467	FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
2468	TO COUNT.
2469
2470	1.  In order to ensure that your absentee ballot will be
2471	counted, it should be completed and returned as soon as possible
2472	so that it can reach the supervisor of elections of the county
2473	in which your precinct is located no later than 7 p.m. on the
2474	date of the election.
2475	2.  Mark your ballot in secret as instructed on the ballot.
2476	You must mark your own ballot unless you are unable to do so
2477	because of blindness, disability, or inability to read or write.
2478	3.  Mark only the number of candidates or issue choices for
2479	a race as indicated on the ballot. If you are allowed to "Vote
2480	for One" candidate and you vote for more than one, your vote in
2481	that race will not be counted.
2482	4.  Place your marked ballot in the enclosed secrecy
2483	envelope and seal the envelope.
2484	5.  Insert the secrecy envelope into the enclosed envelope
2485	bearing the Voter's Certificate. Seal the envelope and
2486	completely fill out the Voter's Certificate on the back of the
2487	envelope.
2488	a.  You must sign your name on the line above (Voter's
2489	Signature).
2490	b.  If you are an overseas voter, you must include the date
2491	you signed the Voter's Certificate on the line above (Date) or
2492	your ballot may not be counted.
2493	c.  An absentee ballot will be considered illegal and will
2494	not be counted if the signature on the Voter's Certificate does
2495	not match the signature on record. The signature on file at the
2496	start of the canvass of the absentee ballots is the signature
2497	that will be used to verify your signature on the Voter's
2498	Certificate. If you need to update your signature for this
2499	election, send your signature update on a voter registration
2500	application to your supervisor of elections so that it is
2501	received no later than the start of canvassing of absentee
2502	ballots, which occurs no earlier than the 15th day before
2503	election day.
2504	6.  Unless you meet one of the exemptions in Item 7., you
2505	must make a copy of one of the following forms of
2506	identification:
2507	a.  Identification which must include your name and
2508	photograph: United States passport; debit or credit card;
2509	military identification; student identification; retirement
2510	center identification; neighborhood association identification;
2511	or public assistance identification; or
2512	b.  Identification which shows your name and current
2513	residence address: current utility bill, bank statement,
2514	government check, paycheck, or government document (excluding
2515	voter identification card).
2516	7.  The identification requirements of Item 6. do not apply
2517	if you meet one of the following requirements:
2518	a.  You are 65 years of age or older.
2519	b.  You have a temporary or permanent physical disability.
2520	c.  You are a member of a uniformed service on active duty
2521	who, by reason of such active duty, will be absent from the
2522	county on election day.
2523	d.  You are a member of the Merchant Marine who, by reason
2524	of service in the Merchant Marine, will be absent from the
2525	county on election day.
2526	e.  You are the spouse or dependent of a member referred to
2527	in paragraph c. or paragraph d. who, by reason of the active
2528	duty or service of the member, will be absent from the county on
2529	election day.
2530	f.  You are currently residing outside the United States.
2531	8.  Place the envelope bearing the Voter's Certificate into
2532	the mailing envelope addressed to the supervisor. Insert a copy
2533	of your identification in the mailing envelope. DO NOT PUT YOUR
2534	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2535	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2536	BALLOT WILL NOT COUNT.
2537	9.  Mail, deliver, or have delivered the completed mailing
2538	envelope. Be sure there is sufficient postage if mailed.
2539	10.  FELONY NOTICE. It is a felony under Florida law to
2540	accept any gift, payment, or gratuity in exchange for your vote
2541	for a candidate. It is also a felony under Florida law to vote
2542	in an election using a false identity or false address, or under
2543	any other circumstances making your ballot false or fraudulent.
2544	Section 42.  Subsection (3) of section 101.75, Florida
2545	Statutes, is amended to read:
2546	101.75 Municipal elections; change of dates for cause.-
2547	(3)  Notwithstanding any provision of local law or
2548	municipal charter, the governing body of a municipality may, by
2549	ordinance, move the date of any municipal election to a date
2550	concurrent with any statewide or countywide election. The dates
2551	for qualifying for the election moved by the passage of such
2552	ordinance shall be specifically provided for in the ordinance
2553	and shall run for no less than 14 days. The term of office for
2554	any elected municipal official shall commence as provided by the
2555	relevant municipal charter or ordinance.
2556	Section 43.  Subsection (4) of section 102.141, Florida
2557	Statutes, is amended to read:
2558	102.141  County canvassing board; duties.-
2559	(4)  The canvassing board shall report all early voting and
2560	all tabulated absentee results to the Department of State within
2561	30 minutes after the polls close. Thereafter, the canvassing
2562	board shall report, with the exception of provisional ballot
2563	results, updated precinct election results to the department at
2564	least every 45 minutes until all results are completely
2565	reported. The supervisor of elections shall notify the
2566	department immediately of any circumstances that do not permit
2567	periodic updates as required. Results shall be submitted in a
2568	format prescribed by the department submit by 11:59 p.m. on
2569	election night the preliminary returns it has received to the
2570	Department of State in a format provided by the department.
2571	Section 44.  Subsection (4) of section 102.168, Florida
2572	Statutes, is amended, and subsection (8) is added to that
2573	section, to read:
2574	102.168  Contest of election.-
2575	(4)  The county canvassing board responsible for canvassing
2576	the election is an indispensable and proper party defendant in
2577	county and local elections.; The Elections Canvassing Commission
2578	is an indispensable and proper party defendant in federal,
2579	state, and multicounty elections and in elections for justice of
2580	the Supreme Court, judge of a district court of appeal, and
2581	judge of a circuit court. races; and The successful candidate is
2582	an indispensable party to any action brought to contest the
2583	election or nomination of a candidate.
2584	(8)  In any contest that requires a review of the
2585	canvassing board's decision on the legality of an absentee
2586	ballot pursuant to s. 101.68 based upon a comparison of the
2587	signature on the voter's certificate and the signature of the
2588	elector in the registration records, the circuit court may not
2589	review or consider any evidence other than the signatures on the
2590	voter's certificate and the signature of the elector in the
2591	registration records. The court's review of such issue shall be
2592	to determine only if the canvassing board abused its discretion
2593	in making its decision.
2594	Section 45.  Paragraph (a) of subsection (4) of section
2595	103.021, Florida Statutes, is amended to read:
2596	103.021  Nomination for presidential electors.-Candidates
2597	for presidential electors shall be nominated in the following
2598	manner:
2599	(4)(a)  A minor political party that is affiliated with a
2600	national party holding a national convention to nominate
2601	candidates for President and Vice President of the United States
2602	may have the names of its candidates for President and Vice
2603	President of the United States printed on the general election
2604	ballot by filing with the Department of State a certificate
2605	naming the candidates for President and Vice President and
2606	listing the required number of persons to serve as electors.
2607	Notification to the Department of State under this subsection
2608	shall be made by September 1 of the year in which the election
2609	is held. When the Department of State has been so notified, it
2610	shall order the names of the candidates nominated by the minor
2611	political party to be included on the ballot and shall permit
2612	the required number of persons to be certified as electors in
2613	the same manner as other party candidates. As used in this
2614	section, the term "national party" means a political party that
2615	is registered with and recognized as a qualified national
2616	committee of a political party by the Federal Election
2617	Commission established and admitted to the ballot in at least
2618	one state other than Florida.
2619	Section 46.  Section 103.095, Florida Statutes, is created
2620	to read:
2621	103.095  Minor political parties.-
2622	(1)  Any group of citizens organized for the general
2623	purposes of electing to office qualified persons and determining
2624	public issues under the democratic processes of the United
2625	States may become a minor political party of this state by
2626	filing with the department a certificate showing the name of the
2627	organization, the names and addresses of its current officers,
2628	including the members of its executive committee, accompanied by
2629	a completed uniform statewide voter registration application as
2630	specified in s. 97.052 for each of its current officers and
2631	members of its executive committee which reflect their
2632	affiliation with the proposed minor political party, and a copy
2633	of its constitution, bylaws, and rules and regulations.
2634	(2)  Each elector registered to vote in the minor political
2635	party in which he or she has so designated has a fundamental
2636	right to fully and meaningfully participate in the business and
2637	affairs of the minor political party without any monetary
2638	encumbrance. The constitution, bylaws, rules, regulations, or
2639	other equivalent documents must reflect this fundamental right
2640	and must provide for and contain reasonable provisions that, at
2641	a minimum, prescribe procedures to: prescribe its membership;
2642	conduct its meetings according to generally accepted
2643	parliamentary practices; timely notify its members as to the
2644	time, date, and place of all of its meetings; timely publish
2645	notice on its public and functioning website as to the time,
2646	date, and place of all of its meetings; elect its officers;
2647	remove its officers; make party nominations when required by
2648	law; conduct campaigns for party nominees; raise and expend
2649	party funds; select delegates to its national convention, if
2650	applicable; select presidential electors, if applicable; and
2651	alter or amend all of its governing documents.
2652	(3)  The members of the executive committee must elect a
2653	chair, vice chair, secretary, and treasurer, all of whom shall
2654	be members of the minor political party and no member may hold
2655	more than one office, except that one person may hold the
2656	offices of secretary and treasurer.
2657	(4)  Upon approval of the minor political party's filing,
2658	the department shall process the voter registration applications
2659	submitted by the minor political party's officers and members of
2660	its executive committee. It shall be the duty of the minor
2661	political party to notify the department of any changes in the
2662	filing certificate within 5 days after such changes.
2663	(5)  The Division of Elections shall adopt rules to
2664	prescribe the manner in which political parties, including minor
2665	political parties, may have their filings with the Department of
2666	State canceled. Such rules shall, at a minimum, provide for:
2667	(a)  Notice, which must contain the facts and conduct that
2668	warrant the intended action, including, but not limited to, the
2669	failure to have any voters registered in the party, the failure
2670	to notify the department of replacement officers, the failure to
2671	file campaign finance reports, the failure to adopt and file
2672	with the department all governing documents containing the
2673	provisions specified in subsection (2), and limited activity.
2674	(b)  Adequate opportunity to respond.
2675	(c)  Appeal of the decision to the Florida Elections
2676	Commission. Such appeals are exempt from the confidentiality
2677	provisions of s. 106.25.
2678	(6)  The requirements of this section are retroactive for
2679	any minor political party registered with the department on July
2680	1, 2011, and must be complied with within 180 days after the
2681	department provides notice to the minor political party of the
2682	requirements contained in this section. Failure of the minor
2683	political party to comply with the requirements within 180 days
2684	after receipt of the notice shall automatically result in the
2685	cancellation of the minor political party's registration.
2686	Section 47.  Section 103.101, Florida Statutes, is amended
2687	to read:
2688	103.101  Presidential preference primary.-
2689	(1)(a)  There shall be a Presidential Preference Primary
2690	Date Selection Committee composed of the Secretary of State, who
2691	shall be a nonvoting chair; three members, no more than two of
2692	whom may be from the same political party, appointed by the
2693	Governor; three members, no more than two of whom may be from
2694	the same political party, appointed by the Speaker of the House
2695	of Representatives; and three members, no more than two of whom
2696	may be from the same political party, appointed by the President
2697	of the Senate. No later than October 1 of the year preceding the
2698	presidential preference primary, the committee shall meet and
2699	set a date for the presidential preference primary. The date
2700	selected may be no earlier than the first Tuesday in January and
2701	no later than the first Tuesday in March in the year of the
2702	presidential preference primary. The presidential preference
2703	primary shall be held in each year the number of which is a
2704	multiple of four.
2705	(b)  Each political party other than a minor political
2706	party shall, on the date selected by the Presidential Preference
2707	Primary Date Selection Committee last Tuesday in January in each
2708	year the number of which is a multiple of 4, elect one person to
2709	be the candidate for nomination of such party for President of
2710	the United States or select delegates to the national nominating
2711	convention, as provided by party rule. Any party rule directing
2712	the vote of delegates at a national nominating convention shall
2713	reasonably reflect the results of the presidential preference
2714	primary, if one is held.
2715	(2)(a)  There shall be a Presidential Candidate Selection
2716	Committee composed of the Secretary of State, who shall be a
2717	nonvoting chair; the Speaker of the House of Representatives;
2718	the President of the Senate; the minority leader of each house
2719	of the Legislature; and the chair of each political party
2720	required to have a presidential preference primary under this
2721	section.
2722	(b)  By October 31 of the year preceding the presidential
2723	preference primary, each political party shall submit to the
2724	Secretary of State a list of its presidential candidates to be
2725	placed on the presidential preference primary ballot or
2726	candidates entitled to have delegates appear on the presidential
2727	preference primary ballot. The Secretary of State shall prepare
2728	and publish a list of the names of the presidential candidates
2729	submitted not later than on the first Tuesday after the first
2730	Monday in November of the year preceding the presidential
2731	preference primary. The Secretary of State shall submit such
2732	list of names of presidential candidates to the selection
2733	committee on the first Tuesday after the first Monday in
2734	November of the year preceding the presidential preference
2735	primary. Each person designated as a presidential candidate
2736	shall have his or her name appear, or have his or her delegates'
2737	names appear, on the presidential preference primary ballot
2738	unless all committee members of the same political party as the
2739	candidate agree to delete such candidate's name from the ballot.
2740	(c)  The selection committee shall meet in Tallahassee on
2741	the first Tuesday after the first Monday in November of the year
2742	preceding the presidential preference primary. The selection
2743	committee shall publicly announce and submit to the Department
2744	of State no later than 5 p.m. on the following day the names of
2745	presidential candidates who shall have their names appear, or
2746	who are entitled to have their delegates' names appear, on the
2747	presidential preference primary ballot. The Department of State
2748	shall immediately notify each presidential candidate listed
2749	designated by the Secretary of State committee. Such
2750	notification shall be in writing, by registered mail, with
2751	return receipt requested.
2752	(3)  A candidate's name shall be printed on the
2753	presidential preference primary ballot unless the candidate
2754	submits to the Department of State, prior to the second Tuesday
2755	after the first Monday in November of the year preceding the
2756	presidential preference primary, an affidavit stating that he or
2757	she is not now, and does not presently intend to become, a
2758	candidate for President at the upcoming nominating convention.
2759	If a candidate withdraws pursuant to this subsection, the
2760	Department of State shall notify the state executive committee
2761	that the candidate's name will not be placed on the ballot. The
2762	Department of State shall, no later than the third Tuesday after
2763	the first Monday in November of the year preceding the
2764	presidential preference primary, certify to each supervisor of
2765	elections the name of each candidate for political party
2766	nomination to be printed on the ballot.
2767	(4)  The names of candidates for political party
2768	nominations for President of the United States shall be printed
2769	on official ballots for the presidential preference primary
2770	election and shall be marked, counted, canvassed, returned, and
2771	proclaimed in the same manner and under the same conditions, so
2772	far as they are applicable, as in other state elections. If
2773	party rule requires the delegates' names to be printed on the
2774	official presidential preference primary ballot, the name of the
2775	presidential candidates for that political party may not be
2776	printed separately, but the ballot may reflect the presidential
2777	candidate to whom the delegate is pledged. If, however, a
2778	political party has only one presidential candidate, neither the
2779	name of the candidate nor the names of the candidate's delegates
2780	shall be printed on the ballot.
2781	(5)  The state executive committee of each party, by rule
2782	adopted at least 60 120 days prior to the presidential
2783	preference primary election, shall determine the number, and
2784	establish procedures to be followed in the selection, of
2785	delegates and delegate alternates from among each candidate's
2786	supporters. A copy of any rule adopted by the executive
2787	committee shall be filed with the Department of State within 7
2788	days after its adoption and shall become a public record. The
2789	Department of State shall review the procedures and shall notify
2790	the state executive committee of each political party of any
2791	ballot limitations. The Department of State may promulgate rules
2792	for the orderly conduct of the presidential preference primary
2793	ballot.
2794	(6)  Delegates must qualify no later than the second Friday
2795	in November of the year preceding the presidential preference
2796	primary in the manner provided by party rule.
2797	(7)  All delegates shall be allocated as provided by party
2798	rule.
2799	(6)(8)  All names of candidates or delegates shall be
2800	listed as directed by the Department of State.
2801	Section 48.  Section 103.141, Florida Statutes, is amended
2802	to read:
2803	103.141  Removal of county executive committee member for
2804	violation of oath.-
2805	(1)  If Where the county executive committee by at least a
2806	two-thirds majority vote of the members of the committee,
2807	attending a meeting held after due notice has been given and at
2808	which meeting a quorum is present, determines an incumbent
2809	county executive committee member is to be guilty of an offense
2810	involving a violation of the member's oath of office, the said
2811	member so violating his or her oath shall be removed from office
2812	and the office shall be deemed vacant. Provided, However, if the
2813	county committee wrongfully removes a county committee member
2814	and the committee member so wrongfully removed files suit in the
2815	circuit court alleging his or her removal was wrongful and wins
2816	the said suit, the committee member shall be restored to office
2817	and the county committee shall pay the costs incurred by the
2818	wrongfully removed committee member in bringing the suit,
2819	including reasonable attorney's fees.
2820	(2)  Any officer, county committeeman, county
2821	committeewoman, precinct committeeman, precinct committeewoman,
2822	or member of a county executive committee may be removed from
2823	office pursuant to s. 103.161.
2824	Section 49.  Section 103.161, Florida Statutes, is
2825	repealed.
2826	Section 50.  Section 104.29, Florida Statutes, is amended
2827	to read:
2828	104.29  Inspectors refusing to allow watchers while ballots
2829	are counted.-The inspectors or other election officials at the
2830	polling place shall, after the polls close at all times while
2831	the ballots are being counted, allow as many as three persons
2832	near to them to see whether the ballots are being reconciled
2833	correctly. read and called and the votes correctly tallied, and
2834	Any official who denies this privilege or interferes therewith
2835	commits is guilty of a misdemeanor of the first degree,
2836	punishable as provided in s. 775.082 or s. 775.083.
2837	Section 51.  Paragraph (b) of subsection (4) of section
2838	105.031, Florida Statutes, is amended to read:
2839	105.031  Qualification; filing fee; candidate's oath; items
2840	required to be filed.-
2841	(4)  CANDIDATE'S OATH.-
2842	(b)  All candidates for judicial office shall subscribe to
2843	an oath or affirmation in writing to be filed with the
2844	appropriate qualifying officer upon qualifying. A printed copy
2845	of the oath or affirmation shall be furnished to the candidate
2846	by the qualifying officer and shall be in substantially the
2847	following form:
2848
2849	State of Florida
2850	County of ....
2851	Before me, an officer authorized to administer oaths,
2852	personally appeared ...(please print name as you wish it to
2853	appear on the ballot)..., to me well known, who, being sworn,
2854	says he or she: is a candidate for the judicial office of ....;
2855	that his or her legal residence is .... County, Florida; that he
2856	or she is a qualified elector of the state and of the
2857	territorial jurisdiction of the court to which he or she seeks
2858	election; that he or she is qualified under the constitution and
2859	laws of Florida to hold the judicial office to which he or she
2860	desires to be elected or in which he or she desires to be
2861	retained; that he or she has taken the oath required by ss.
2862	876.05-876.10, Florida Statutes; that he or she has qualified
2863	for no other public office in the state, the term of which
2864	office or any part thereof runs concurrent to the office he or
2865	she seeks; and that he or she has resigned from any office which
2866	he or she is required to resign pursuant to s. 99.012, Florida
2867	Statutes; and that he or she will support the Constitution of
2868	the United States and the Constitution of the State of Florida.
2869
2870	...(Signature of candidate)...
2871	...(Address)...
2872
2873	Sworn to and subscribed before me this .... day of ....,
2874	...(year)..., at .... County, Florida.
2875
2876	...(Signature and title of officer administering oath)...
2877	Section 52.  Subsection (3), paragraph (b) of subsection
2878	(5), subsection (15), and paragraph (c) of subsection (16) of
2879	section 106.011, Florida Statutes, are amended to read:
2880	106.011  Definitions.-As used in this chapter, the
2881	following terms have the following meanings unless the context
2882	clearly indicates otherwise:
2883	(3)  "Contribution" means:
2884	(a)  A gift, subscription, conveyance, deposit, loan,
2885	payment, or distribution of money or anything of value,
2886	including contributions in kind having an attributable monetary
2887	value in any form, made for the purpose of influencing the
2888	results of an election or making an electioneering
2889	communication.
2890	(b)  A transfer of funds between political committees,
2891	between committees of continuous existence, between
2892	electioneering communications organizations, or between any
2893	combination of these groups.
2894	(c)  The payment, by any person other than a candidate or
2895	political committee, of compensation for the personal services
2896	of another person which are rendered to a candidate or political
2897	committee without charge to the candidate or committee for such
2898	services.
2899	(d)  The transfer of funds by a campaign treasurer or
2900	deputy campaign treasurer between a primary depository and a
2901	separate interest-bearing account or certificate of deposit, and
2902	the term includes any interest earned on such account or
2903	certificate.
2904
2905	Notwithstanding the foregoing meanings of "contribution," the
2906	term may word shall not be construed to include services,
2907	including, but not limited to, legal and accounting services,
2908	provided without compensation by individuals volunteering a
2909	portion or all of their time on behalf of a candidate or
2910	political committee. This definition shall not be construed to
2911	include editorial endorsements.
2912	(5)
2913	(b)  An expenditure for the purpose of expressly advocating
2914	the election or defeat of a candidate which is made by the
2915	national, state, or county executive committee of a political
2916	party, including any subordinate committee of a national, state,
2917	or county committee of a political party, or by any political
2918	committee or committee of continuous existence, or any other
2919	person, shall not be considered an independent expenditure if
2920	the committee or person:
2921	1.  Communicates with the candidate, the candidate's
2922	campaign, or an agent of the candidate acting on behalf of the
2923	candidate, including any pollster, media consultant, advertising
2924	agency, vendor, advisor, or staff member, concerning the
2925	preparation of, use of, or payment for, the specific expenditure
2926	or advertising campaign at issue; or
2927	2.  Makes a payment in cooperation, consultation, or
2928	concert with, at the request or suggestion of, or pursuant to
2929	any general or particular understanding with the candidate, the
2930	candidate's campaign, a political committee supporting the
2931	candidate, or an agent of the candidate relating to the specific
2932	expenditure or advertising campaign at issue; or
2933	3.  Makes a payment for the dissemination, distribution, or
2934	republication, in whole or in part, of any broadcast or any
2935	written, graphic, or other form of campaign material prepared by
2936	the candidate, the candidate's campaign, or an agent of the
2937	candidate, including any pollster, media consultant, advertising
2938	agency, vendor, advisor, or staff member; or
2939	4.  Makes a payment based on information about the
2940	candidate's plans, projects, or needs communicated to a member
2941	of the committee or person by the candidate or an agent of the
2942	candidate, provided the committee or person uses the information
2943	in any way, in whole or in part, either directly or indirectly,
2944	to design, prepare, or pay for the specific expenditure or
2945	advertising campaign at issue; or
2946	5.  After the last day of the qualifying period prescribed
2947	for the candidate for statewide or legislative office, consults
2948	about the candidate's plans, projects, or needs in connection
2949	with the candidate's pursuit of election to office and the
2950	information is used in any way to plan, create, design, or
2951	prepare an independent expenditure or advertising campaign,
2952	with:
2953	a.  Any officer, director, employee, or agent of a
2954	national, state, or county executive committee of a political
2955	party that has made or intends to make expenditures in
2956	connection with or contributions to the candidate; or
2957	b.  Any person whose professional services have been
2958	retained by a national, state, or county executive committee of
2959	a political party that has made or intends to make expenditures
2960	in connection with or contributions to the candidate; or
2961	6.  After the last day of the qualifying period prescribed
2962	for the candidate for statewide or legislative office, retains
2963	the professional services of any person also providing those
2964	services to the candidate in connection with the candidate's
2965	pursuit of election to office; or
2966	7.  Arranges, coordinates, or directs the expenditure, in
2967	any way, with the candidate or an agent of the candidate.
2968	(15)  "Unopposed candidate" means a candidate for
2969	nomination or election to an office who, after the last day on
2970	which any person, including a write-in candidate, may qualify,
2971	is without opposition in the election at which the office is to
2972	be filled or who is without such opposition after such date as a
2973	result of any primary election or of withdrawal by other
2974	candidates seeking the same office. A candidate is not an
2975	unopposed candidate if there is a vacancy to be filled under s.
2976	100.111(3) s. 100.111(4), if there is a legal proceeding pending
2977	regarding the right to a ballot position for the office sought
2978	by the candidate, or if the candidate is seeking retention as a
2979	justice or judge.
2980	(16)  "Candidate" means any person to whom any one or more
2981	of the following apply:
2982	(c)  Any person who receives contributions or makes
2983	expenditures, or consents for any other person to receive
2984	contributions or make expenditures, with a view to bring about
2985	his or her nomination or election to, or retention in, public
2986	office. However, this definition does not include any candidate
2987	for a political party executive committee. Expenditures related
2988	to potential candidate polls as provided in s. 106.17 are not
2989	contributions or expenditures for purposes of this subsection.
2990	Section 53.  Subsection (3) of section 106.021, Florida
2991	Statutes, is amended to read:
2992	106.021  Campaign treasurers; deputies; primary and
2993	secondary depositories.-
2994	(3)  No contribution or expenditure, including
2995	contributions or expenditures of a candidate or of the
2996	candidate's family, shall be directly or indirectly made or
2997	received in furtherance of the candidacy of any person for
2998	nomination or election to political office in the state or on
2999	behalf of any political committee except through the duly
3000	appointed campaign treasurer of the candidate or political
3001	committee, subject to the following exceptions:
3002	(a)  Independent expenditures;
3003	(b)  Reimbursements to a candidate or any other individual
3004	for expenses incurred in connection with the campaign or
3005	activities of the political committee by a check drawn upon the
3006	campaign account and reported pursuant to s. 106.07(4). After
3007	July 1, 2004, The full name and address of each person to whom
3008	the candidate or other individual made payment for which
3009	reimbursement was made by check drawn upon the campaign account
3010	shall be reported pursuant to s. 106.07(4), together with the
3011	purpose of such payment;
3012	(c)  Expenditures made indirectly through a treasurer for
3013	goods or services, such as communications media placement or
3014	procurement services, campaign signs, insurance, or other
3015	expenditures that include multiple integral components as part
3016	of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
3017	or
3018	(d)  Expenditures made directly by any political committee
3019	or political party regulated by chapter 103 for obtaining time,
3020	space, or services in or by any communications medium for the
3021	purpose of jointly endorsing three or more candidates, and any
3022	such expenditure shall not be considered a contribution or
3023	expenditure to or on behalf of any such candidates for the
3024	purposes of this chapter.
3025	Section 54.  Section 106.022, Florida Statutes, is amended
3026	to read:
3027	106.022  Appointment of a registered agent; duties.-
3028	(1)  Each political committee, committee of continuous
3029	existence, or electioneering communications organization shall
3030	have and continuously maintain in this state a registered office
3031	and a registered agent and must file with the filing officer
3032	division a statement of appointment for the registered office
3033	and registered agent. The statement of appointment must:
3034	(a)  Provide the name of the registered agent and the
3035	street address and phone number for the registered office;
3036	(b)  Identify the entity for whom the registered agent
3037	serves;
3038	(c)  Designate the address the registered agent wishes to
3039	use to receive mail;
3040	(d)  Include the entity's undertaking to inform the filing
3041	officer division of any change in such designated address;
3042	(e)  Provide for the registered agent's acceptance of the
3043	appointment, which must confirm that the registered agent is
3044	familiar with and accepts the obligations of the position as set
3045	forth in this section; and
3046	(f)  Contain the signature of the registered agent and the
3047	entity engaging the registered agent.
3048	(2)  An entity may change its appointment of registered
3049	agent and registered office under this section by executing a
3050	written statement of change and filing it with the filing
3051	officer. The statement must satisfy that identifies the former
3052	registered agent and registered address and also satisfies all
3053	of the requirements of subsection (1).
3054	(3)  A registered agent may resign his or her appointment
3055	as registered agent by executing a written statement of
3056	resignation and filing it with the filing officer division. An
3057	entity without a registered agent may not make expenditures or
3058	accept contributions until it files a written statement of
3059	change as required in subsection (2).
3060	Section 55.  Subsection (1) of section 106.023, Florida
3061	Statutes, is amended to read:
3062	106.023  Statement of candidate.-
3063	(1)  Each candidate must file a statement with the
3064	qualifying officer within 10 days after filing the appointment
3065	of campaign treasurer and designation of campaign depository,
3066	stating that the candidate has read and understands the
3067	requirements of this chapter. Such statement shall be provided
3068	by the filing officer and shall be in substantially the
3069	following form:
3070
3071	STATEMENT OF CANDIDATE
3072
3073	I, ...., candidate for the office of ...., have been
3074	provided access to received, read, and understand the
3075	requirements of Chapter 106, Florida Statutes.
3076
3077	...(Signature of candidate)...     ...(Date)...
3078
3079	Willful failure to file this form is a violation of ss.
3080	106.19(1)(c) and 106.25(3), F.S.
3081	Section 56.  Paragraph (c) of subsection (1) of section
3082	106.025, Florida Statutes, is amended to read:
3083	106.025  Campaign fund raisers.-
3084	(1)
3085	(c)  Any tickets or advertising for such a campaign fund
3086	raiser is exempt from the requirements of s. 106.143 shall
3087	contain the following statement: "The purchase of a ticket for,
3088	or a contribution to, the campaign fund raiser is a contribution
3089	to the campaign of ...(name of the candidate for whose benefit
3090	the campaign fund raiser is held)...." Such tickets or
3091	advertising shall also comply with other provisions of this
3092	chapter relating to political advertising.
3093	Section 57.  Subsection (1) and paragraph (d) of subsection
3094	(3) of section 106.03, Florida Statutes, are amended to read:
3095	106.03  Registration of political committees and
3096	electioneering communications organizations.-
3097	(1)(a)  Each political committee that receives anticipates
3098	receiving contributions or makes making expenditures during a
3099	calendar year in an aggregate amount exceeding $500 or that
3100	seeks is seeking the signatures of registered electors in
3101	support of an initiative shall file a statement of organization
3102	as provided in subsection (3) within 10 days after its
3103	organization or, if later, within 10 days after the date on
3104	which it has information that causes the committee to anticipate
3105	that it will receive contributions or make expenditures in
3106	excess of $500. If a political committee is organized within 10
3107	days of any election, it shall immediately file the statement of
3108	organization required by this section.
3109	(b)1.  Each group electioneering communications
3110	organization that receives contributions or makes expenditures
3111	during a calendar year in an aggregate amount exceeding $5,000
3112	shall file a statement of organization as an electioneering
3113	communications organization provided in subparagraph 2. by
3114	expedited delivery within 24 hours after its organization or, if
3115	later, within 24 hours after the date on which it receives
3116	contributions or makes expenditures for an electioneering
3117	communication in excess of $5,000, if such expenditures are made
3118	within the timeframes specified in s. 106.011(18)(a)2. If the
3119	group makes expenditures for an electioneering communication in
3120	excess of $5,000 before the timeframes specified in s.
3121	106.011(18)(a)2., it shall file the statement of organization
3122	within 24 hours after the 30th day before a primary or special
3123	primary election, or within 24 hours after the 60th day before
3124	any other election, whichever is applicable.
3125	2.a.  In a statewide, legislative, or multicounty election,
3126	an electioneering communications organization shall file a
3127	statement of organization with the Division of Elections.
3128	b.  In a countywide election or any election held on less
3129	than a countywide basis, except as described in sub-subparagraph
3130	c., an electioneering communications organization shall file a
3131	statement of organization with the supervisor of elections of
3132	the county in which the election is being held.
3133	c.  In a municipal election, an electioneering
3134	communications organization shall file a statement of
3135	organization with the officer before whom municipal candidates
3136	qualify.
3137	d.  Any electioneering communications organization that
3138	would be required to file a statement of organization in two or
3139	more locations by reason of the organization's intention to
3140	support or oppose candidates at state or multicounty and local
3141	levels of government need only file a statement of organization
3142	with the Division of Elections.
3143	(3)
3144	(d)  Any political committee which would be required under
3145	this subsection to file a statement of organization in two or
3146	more locations by reason of the committee's intention to support
3147	or oppose candidates or issues at state or multicounty and local
3148	levels of government need file only with the Division of
3149	Elections.
3150	Section 58.  Subsection (4) of section 106.04, Florida
3151	Statutes, is amended, present subsections (7) and (8) of that
3152	section are amended and renumbered as subsections (8) and (9),
3153	respectively, and a new subsection (7) is added to that section,
3154	to read:
3155	106.04  Committees of continuous existence.-
3156	(4)(a)  Each committee of continuous existence shall file
3157	an annual report with the Division of Elections during the month
3158	of January. Such annual reports shall contain the same
3159	information and shall be accompanied by the same materials as
3160	original applications filed pursuant to subsection (2). However,
3161	the charter or bylaws need not be filed if the annual report is
3162	accompanied by a sworn statement by the chair that no changes
3163	have been made to such charter or bylaws since the last filing.
3164	(b)1.  Each committee of continuous existence shall file
3165	regular reports with the Division of Elections at the same times
3166	and subject to the same filing conditions as are established by
3167	s. 106.07(1) and (2) for candidates' reports. In addition, when
3168	a special election is called to fill a vacancy in office, a
3169	committee of continuous existence that makes a contribution or
3170	expenditure to influence the results of such special election or
3171	the preceding special primary election must file campaign
3172	finance reports with the filing officer on the dates set by the
3173	Department of State pursuant to s. 100.111.
3174	2.  Any committee of continuous existence failing to so
3175	file a report with the Division of Elections or applicable
3176	filing officer pursuant to this paragraph on the designated due
3177	date shall be subject to a fine for late filing as provided by
3178	this section.
3179	(c)  All committees of continuous existence shall file
3180	their reports with the Division of Elections. Reports shall be
3181	filed in accordance with s. 106.0705 and shall contain the
3182	following information:
3183	1.  The full name, address, and occupation of each person
3184	who has made one or more contributions, including contributions
3185	that represent the payment of membership dues, to the committee
3186	during the reporting period, together with the amounts and dates
3187	of such contributions. For corporations, the report must provide
3188	as clear a description as practicable of the principal type of
3189	business conducted by the corporation. However, if the
3190	contribution is $100 or less, the occupation of the contributor
3191	or principal type of business need not be listed. However, for
3192	any contributions that represent the payment of dues by members
3193	in a fixed amount aggregating no more than $250 per calendar
3194	year, pursuant to the schedule on file with the Division of
3195	Elections, only the aggregate amount of such contributions need
3196	be listed, together with the number of members paying such dues
3197	and the amount of the membership dues.
3198	2.  The name and address of each political committee or
3199	committee of continuous existence from which the reporting
3200	committee received, or the name and address of each political
3201	committee, committee of continuous existence, or political party
3202	to which it made, any transfer of funds, together with the
3203	amounts and dates of all transfers.
3204	3.  Any other receipt of funds not listed pursuant to
3205	subparagraph 1. or subparagraph 2., including the sources and
3206	amounts of all such funds.
3207	4.  The name and address of, and office sought by, each
3208	candidate to whom the committee has made a contribution during
3209	the reporting period, together with the amount and date of each
3210	contribution.
3211	5.  The full name and address of each person to whom
3212	expenditures have been made by or on behalf of the committee
3213	within the reporting period; the amount, date, and purpose of
3214	each such expenditure; and the name and address, and office
3215	sought by, each candidate on whose behalf such expenditure was
3216	made.
3217	6.  The full name and address of each person to whom an
3218	expenditure for personal services, salary, or reimbursement for
3219	authorized expenses has been made, including the full name and
3220	address of each entity to whom the person made payment for which
3221	reimbursement was made by check drawn upon the committee
3222	account, together with the amount and purpose of such payment.
3223	7.  Transaction information from each credit card purchase
3224	statement that will be included in the next report following
3225	receipt thereof by the committee. Receipts for each credit card
3226	purchase shall be retained by the treasurer with the records for
3227	the committee account.
3228	8.  The total sum of expenditures made by the committee
3229	during the reporting period.
3230	(d)  The treasurer of each committee shall certify as to
3231	the correctness of each report and shall bear the responsibility
3232	for its accuracy and veracity. Any treasurer who willfully
3233	certifies to the correctness of a report while knowing that such
3234	report is incorrect, false, or incomplete commits a misdemeanor
3235	of the first degree, punishable as provided in s. 775.082 or s.
3236	775.083.
3237	(7)  Any change in information previously submitted to the
3238	division shall be reported within 10 days following the change.
3239	(8)(7)  If a committee of continuous existence ceases to
3240	meet the criteria prescribed by subsection (1), the Division of
3241	Elections shall revoke its certification until such time as the
3242	criteria are again met. The Division of Elections shall adopt
3243	promulgate rules to prescribe the manner in which the such
3244	certification of a committee of continuous existence shall be
3245	revoked. Such rules shall, at a minimum, provide for:
3246	(a)  Notice, which must shall contain the facts and conduct
3247	that warrant the intended action.
3248	(b)  Adequate opportunity to respond.
3249	(c)  Appeal of the decision to the Florida Elections
3250	Commission. Such appeals are shall be exempt from the
3251	confidentiality provisions of s. 106.25.
3252	(9)(8)(a)  Any committee of continuous existence failing to
3253	file a report on the designated due date is shall be subject to
3254	a fine. The fine shall be $50 per day for the first 3 days late
3255	and, thereafter, $500 per day for each late day, not to exceed
3256	25 percent of the total receipts or expenditures, whichever is
3257	greater, for the period covered by the late report. However, for
3258	the reports immediately preceding each primary and general
3259	election, including a special primary election and a special
3260	general election, the fine shall be $500 per day for each late
3261	day, not to exceed 25 percent of the total receipts or
3262	expenditures, whichever is greater, for the period covered by
3263	the late report. The fine shall be assessed by the filing
3264	officer, and the moneys collected shall be deposited into:
3265	1.  In The General Revenue Fund, in the case of fines
3266	collected by the Division of Elections.
3267	2.  The general revenue fund of the political subdivision,
3268	in the case of fines collected by a county or municipal filing
3269	officer. No separate fine shall be assessed for failure to file
3270	a copy of any report required by this section.
3271	(b)  Upon determining that a report is late, the filing
3272	officer shall immediately notify the treasurer of the committee
3273	or the committee's registered agent as to the failure to file a
3274	report by the designated due date and that a fine is being
3275	assessed for each late day. Upon receipt of the report, the
3276	filing officer shall determine the amount of fine which is due
3277	and shall notify the treasurer of the committee. Notice is
3278	deemed complete upon proof of delivery of written notice to the
3279	mailing or street address on record with the filing officer. The
3280	filing officer shall determine the amount of the fine due based
3281	upon the earliest of the following:
3282	1.  When the report is actually received by such officer.
3283	2.  When the report is postmarked.
3284	3.  When the certificate of mailing is dated.
3285	4.  When the receipt from an established courier company is
3286	dated.
3287
3288	Such fine shall be paid to the filing officer within 20 days
3289	after receipt of the notice of payment due, unless appeal is
3290	made to the Florida Elections Commission pursuant to paragraph
3291	(c). An officer or member of a committee is shall not be
3292	personally liable for such fine.
3293	(c)  Any treasurer of a committee may appeal or dispute the
3294	fine, based upon unusual circumstances surrounding the failure
3295	to file on the designated due date, and may request and is shall
3296	be entitled to a hearing before the Florida Elections
3297	Commission, which may shall have the authority to waive the fine
3298	in whole or in part. Any such request must shall be made within
3299	20 days after receipt of the notice of payment due. In such
3300	case, the treasurer of The committee shall file the appeal with
3301	, within the 20-day period, notify the filing officer in writing
3302	of his or her intention to bring the matter before the
3303	commission, with a copy provided to the filing officer.
3304	(d)  The filing officer shall notify the Florida Elections
3305	Commission of the repeated late filing by a committee of
3306	continuous existence, the failure of a committee of continuous
3307	existence to file a report after notice, or the failure to pay
3308	the fine imposed.
3309	Section 59.  Section 106.07, Florida Statutes, is amended
3310	to read:
3311	106.07  Reports; certification and filing.-
3312	(1)  Each campaign treasurer designated by a candidate or
3313	political committee pursuant to s. 106.021 shall file regular
3314	reports of all contributions received, and all expenditures
3315	made, by or on behalf of such candidate or political committee.
3316	Except for the third calendar quarter immediately preceding a
3317	general election, reports shall be filed on the 10th day
3318	following the end of each calendar quarter from the time the
3319	campaign treasurer is appointed, except that, if the 10th day
3320	following the end of a calendar quarter occurs on a Saturday,
3321	Sunday, or legal holiday, the report shall be filed on the next
3322	following day which is not a Saturday, Sunday, or legal holiday.
3323	Quarterly reports shall include all contributions received and
3324	expenditures made during the calendar quarter which have not
3325	otherwise been reported pursuant to this section.
3326	(a)  Except as provided in paragraph (b), following the
3327	last day of qualifying for office, the reports shall also be
3328	filed on the 32nd, 18th, and 4th days immediately preceding the
3329	primary and on the 46th, 32nd, 18th, and 4th days immediately
3330	preceding the election, for a candidate who is opposed in
3331	seeking nomination or election to any office, for a political
3332	committee, or for a committee of continuous existence.
3333	(b)  Following the last day of qualifying for office, Any
3334	statewide candidate who has requested to receive contributions
3335	pursuant to from the Florida Election Campaign Financing Act
3336	Trust Fund or any statewide candidate in a race with a candidate
3337	who has requested to receive contributions pursuant to from the
3338	act trust fund shall also file reports on the 4th, 11th, 18th,
3339	25th, and 32nd days prior to the primary election, and on the
3340	4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior to
3341	the general election.
3342	(c)  Following the last day of qualifying for office, any
3343	unopposed candidate need only file a report within 90 days after
3344	the date such candidate became unopposed. Such report shall
3345	contain all previously unreported contributions and expenditures
3346	as required by this section and shall reflect disposition of
3347	funds as required by s. 106.141.
3348	(d)1.  When a special election is called to fill a vacancy
3349	in office, all political committees and committees of continuous
3350	existence making contributions or expenditures to influence the
3351	results of such special election or the preceding special
3352	primary election shall file campaign treasurers' reports with
3353	the filing officer on the dates set by the Department of State
3354	pursuant to s. 100.111.
3355	2.  When an election is called for an issue to appear on
3356	the ballot at a time when no candidates are scheduled to appear
3357	on the ballot, all political committees making contributions or
3358	expenditures in support of or in opposition to such issue shall
3359	file reports on the 18th and 4th days prior to such election.
3360	(e)  The filing officer shall provide each candidate with a
3361	schedule designating the beginning and end of reporting periods
3362	as well as the corresponding designated due dates.
3363	(2)(a)1.  All reports required of a candidate by this
3364	section shall be filed with the officer before whom the
3365	candidate is required by law to qualify. All candidates who file
3366	with the Department of State shall file their reports pursuant
3367	to s. 106.0705. Except as provided in s. 106.0705, reports shall
3368	be filed not later than 5 p.m. of the day designated; however,
3369	any report postmarked by the United States Postal Service no
3370	later than midnight of the day designated shall be deemed to
3371	have been filed in a timely manner. Any report received by the
3372	filing officer within 5 days after the designated due date that
3373	was delivered by the United States Postal Service shall be
3374	deemed timely filed unless it has a postmark that indicates that
3375	the report was mailed after the designated due date. A
3376	certificate of mailing obtained from and dated by the United
3377	States Postal Service at the time of mailing, or a receipt from
3378	an established courier company, which bears a date on or before
3379	the date on which the report is due, shall be proof of mailing
3380	in a timely manner. Reports shall contain information of all
3381	previously unreported contributions received and expenditures
3382	made as of the preceding Friday, except that the report filed on
3383	the Friday immediately preceding the election shall contain
3384	information of all previously unreported contributions received
3385	and expenditures made as of the day preceding that designated
3386	due date. All such reports shall be open to public inspection.
3387	2.  This subsection does not prohibit the governing body of
3388	a political subdivision, by ordinance or resolution, from
3389	imposing upon its own officers and candidates electronic filing
3390	requirements not in conflict with s. 106.0705. Expenditure of
3391	public funds for such purpose is deemed to be for a valid public
3392	purpose.
3393	(b)1.  Any report that which is deemed to be incomplete by
3394	the officer with whom the candidate qualifies shall be accepted
3395	on a conditional basis., and The campaign treasurer shall be
3396	notified by certified registered mail or by another method using
3397	a common carrier that provides a proof of delivery of the notice
3398	as to why the report is incomplete and within 7 be given 3 days
3399	after from receipt of such notice must to file an addendum to
3400	the report providing all information necessary to complete the
3401	report in compliance with this section. Failure to file a
3402	complete report after such notice constitutes a violation of
3403	this chapter.
3404	2.  Notice is deemed complete upon proof of delivery of a
3405	written notice to the mailing or street address of the campaign
3406	treasurer or registered agent of record with the filing officer.
3407	In lieu of the notice by registered mail as required in
3408	subparagraph 1., the qualifying officer may notify the campaign
3409	treasurer by telephone that the report is incomplete and request
3410	the information necessary to complete the report. If, however,
3411	such information is not received by the qualifying officer
3412	within 3 days after the telephone request therefor, notice shall
3413	be sent by registered mail as provided in subparagraph 1.
3414	(3)  Reports required of a political committee shall be
3415	filed with the agency or officer before whom such committee
3416	registers pursuant to s. 106.03(3) and shall be subject to the
3417	same filing conditions as established for candidates' reports.
3418	Incomplete reports by political committees shall be treated in
3419	the manner provided for incomplete reports by candidates in
3420	subsection (2).
3421	(4)(a)  Each report required by this section must shall
3422	contain:
3423	1.  The full name, address, and occupation, if any of each
3424	person who has made one or more contributions to or for such
3425	committee or candidate within the reporting period, together
3426	with the amount and date of such contributions. For
3427	corporations, the report must provide as clear a description as
3428	practicable of the principal type of business conducted by the
3429	corporation. However, if the contribution is $100 or less or is
3430	from a relative, as defined in s. 112.312, provided that the
3431	relationship is reported, the occupation of the contributor or
3432	the principal type of business need not be listed.
3433	2.  The name and address of each political committee from
3434	which the reporting committee or the candidate received, or to
3435	which the reporting committee or candidate made, any transfer of
3436	funds, together with the amounts and dates of all transfers.
3437	3.  Each loan for campaign purposes to or from any person
3438	or political committee within the reporting period, together
3439	with the full names, addresses, and occupations, and principal
3440	places of business, if any, of the lender and endorsers, if any,
3441	and the date and amount of such loans.
3442	4.  A statement of each contribution, rebate, refund, or
3443	other receipt not otherwise listed under subparagraphs 1.
3444	through 3.
3445	5.  The total sums of all loans, in-kind contributions, and
3446	other receipts by or for such committee or candidate during the
3447	reporting period. The reporting forms shall be designed to
3448	elicit separate totals for in-kind contributions, loans, and
3449	other receipts.
3450	6.  The full name and address of each person to whom
3451	expenditures have been made by or on behalf of the committee or
3452	candidate within the reporting period; the amount, date, and
3453	purpose of each such expenditure; and the name and address of,
3454	and office sought by, each candidate on whose behalf such
3455	expenditure was made. However, expenditures made from the petty
3456	cash fund provided by s. 106.12 need not be reported
3457	individually.
3458	7.  The full name and address of each person to whom an
3459	expenditure for personal services, salary, or reimbursement for
3460	authorized expenses as provided in s. 106.021(3) has been made
3461	and which is not otherwise reported, including the amount, date,
3462	and purpose of such expenditure. However, expenditures made from
3463	the petty cash fund provided for in s. 106.12 need not be
3464	reported individually. Receipts for reimbursement for authorized
3465	expenditures shall be retained by the treasurer along with the
3466	records for the campaign account.
3467	8.  The total amount withdrawn and the total amount spent
3468	for petty cash purposes pursuant to this chapter during the
3469	reporting period.
3470	9.  The total sum of expenditures made by such committee or
3471	candidate during the reporting period.
3472	10.  The amount and nature of debts and obligations owed by
3473	or to the committee or candidate, which relate to the conduct of
3474	any political campaign.
3475	11.  Transaction information for each credit card purchase.
3476	A copy of each credit card statement which shall be included in
3477	the next report following receipt thereof by the candidate or
3478	political committee. Receipts for each credit card purchase
3479	shall be retained by the treasurer with the records for the
3480	campaign account.
3481	12.  The amount and nature of any separate interest-bearing
3482	accounts or certificates of deposit and identification of the
3483	financial institution in which such accounts or certificates of
3484	deposit are located.
3485	13.  The primary purposes of an expenditure made indirectly
3486	through a campaign treasurer pursuant to s. 106.021(3) for goods
3487	and services such as communications media placement or
3488	procurement services, campaign signs, insurance, and other
3489	expenditures that include multiple components as part of the
3490	expenditure. The primary purpose of an expenditure shall be that
3491	purpose, including integral and directly related components,
3492	that comprises 80 percent of such expenditure.
3493	(b)  The filing officer shall make available to any
3494	candidate or committee a reporting form which the candidate or
3495	committee may use to indicate contributions received by the
3496	candidate or committee but returned to the contributor before
3497	deposit.
3498	(5)  The candidate and his or her campaign treasurer, in
3499	the case of a candidate, or the political committee chair and
3500	campaign treasurer of the committee, in the case of a political
3501	committee, shall certify as to the correctness of each report;
3502	and each person so certifying shall bear the responsibility for
3503	the accuracy and veracity of each report. Any campaign
3504	treasurer, candidate, or political committee chair who willfully
3505	certifies the correctness of any report while knowing that such
3506	report is incorrect, false, or incomplete commits a misdemeanor
3507	of the first degree, punishable as provided in s. 775.082 or s.
3508	775.083.
3509	(6)  The campaign depository shall return all checks drawn
3510	on the account to the campaign treasurer who shall retain the
3511	records pursuant to s. 106.06. The records maintained by the
3512	campaign depository with respect to any campaign account
3513	regulated by this chapter are such account shall be subject to
3514	inspection by an agent of the Division of Elections or the
3515	Florida Elections Commission at any time during normal banking
3516	hours, and such depository shall furnish certified copies of any
3517	of such records to the Division of Elections or Florida
3518	Elections Commission upon request.
3519	(7)  Notwithstanding any other provisions of this chapter,
3520	in any reporting period during which a candidate, political
3521	committee, or committee of continuous existence has not received
3522	funds, made any contributions, or expended any reportable funds,
3523	the filing of the required report for that period is waived.
3524	However, the next report filed must specify that the report
3525	covers the entire period between the last submitted report and
3526	the report being filed, and any candidate, political committee,
3527	or committee of continuous existence not reporting by virtue of
3528	this subsection on dates prescribed elsewhere in this chapter
3529	shall notify the filing officer in writing on the prescribed
3530	reporting date that no report is being filed on that date.
3531	(8)(a)  Any candidate or political committee failing to
3532	file a report on the designated due date is shall be subject to
3533	a fine as provided in paragraph (b) for each late day, and, in
3534	the case of a candidate, such fine shall be paid only from
3535	personal funds of the candidate. The fine shall be assessed by
3536	the filing officer and the moneys collected shall be deposited:
3537	1.  In the General Revenue Fund, in the case of a candidate
3538	for state office or a political committee that registers with
3539	the Division of Elections; or
3540	2.  In the general revenue fund of the political
3541	subdivision, in the case of a candidate for an office of a
3542	political subdivision or a political committee that registers
3543	with an officer of a political subdivision.
3544
3545	No separate fine shall be assessed for failure to file a copy of
3546	any report required by this section.
3547	(b)  Upon determining that a report is late, the filing
3548	officer shall immediately notify the candidate or chair of the
3549	political committee as to the failure to file a report by the
3550	designated due date and that a fine is being assessed for each
3551	late day. The fine shall be $50 per day for the first 3 days
3552	late and, thereafter, $500 per day for each late day, not to
3553	exceed 25 percent of the total receipts or expenditures,
3554	whichever is greater, for the period covered by the late report.
3555	However, for the reports immediately preceding each special
3556	primary election, special election, primary election, and
3557	general election, the fine shall be $500 per day for each late
3558	day, not to exceed 25 percent of the total receipts or
3559	expenditures, whichever is greater, for the period covered by
3560	the late report. For reports required under s. 106.141(7), the
3561	fine is $50 per day for each late day, not to exceed 25 percent
3562	of the total receipts or expenditures, whichever is greater, for
3563	the period covered by the late report. Upon receipt of the
3564	report, the filing officer shall determine the amount of the
3565	fine which is due and shall notify the candidate or chair or
3566	registered agent of the political committee. The filing officer
3567	shall determine the amount of the fine due based upon the
3568	earliest of the following:
3569	1.  When the report is actually received by such officer.
3570	2.  When the report is postmarked.
3571	3.  When the certificate of mailing is dated.
3572	4.  When the receipt from an established courier company is
3573	dated.
3574	5.  When the electronic receipt issued pursuant to s.
3575	106.0705 or other electronic filing system authorized in this
3576	section is dated.
3577
3578	Such fine shall be paid to the filing officer within 20 days
3579	after receipt of the notice of payment due, unless appeal is
3580	made to the Florida Elections Commission pursuant to paragraph
3581	(c). Notice is deemed complete upon proof of delivery of written
3582	notice to the mailing or street address on record with the
3583	filing officer. In the case of a candidate, such fine shall not
3584	be an allowable campaign expenditure and shall be paid only from
3585	personal funds of the candidate. An officer or member of a
3586	political committee shall not be personally liable for such
3587	fine.
3588	(c)  Any candidate or chair of a political committee may
3589	appeal or dispute the fine, based upon, but not limited to,
3590	unusual circumstances surrounding the failure to file on the
3591	designated due date, and may request and shall be entitled to a
3592	hearing before the Florida Elections Commission, which shall
3593	have the authority to waive the fine in whole or in part. The
3594	Florida Elections Commission must consider the mitigating and
3595	aggravating circumstances contained in s. 106.265(1) when
3596	determining the amount of a fine, if any, to be waived. Any such
3597	request shall be made within 20 days after receipt of the notice
3598	of payment due. In such case, the candidate or chair of the
3599	political committee shall, within the 20-day period, notify the
3600	filing officer in writing of his or her intention to bring the
3601	matter before the commission.
3602	(d)  The appropriate filing officer shall notify the
3603	Florida Elections Commission of the repeated late filing by a
3604	candidate or political committee, the failure of a candidate or
3605	political committee to file a report after notice, or the
3606	failure to pay the fine imposed. The commission shall
3607	investigate only those alleged late filing violations
3608	specifically identified by the filing officer and as set forth
3609	in the notification. Any other alleged violations must be
3610	separately stated and reported by the division to the commission
3611	under s. 106.25(2).
3612	(9)  The Department of State may prescribe by rule the
3613	requirements for filing campaign treasurers' reports as set
3614	forth in this chapter.
3615	Section 60.  Subsections (8) and (9) of section 106.0703,
3616	Florida Statutes, are amended to read:
3617	106.0703  Electioneering communications organizations;
3618	reporting requirements; certification and filing; penalties.-
3619	(8)  An electioneering communications organization shall,
3620	within 2 days after receiving its initial password or secure
3621	sign-on from the Department of State allowing confidential
3622	access to the department's electronic campaign finance filing
3623	system, electronically file the periodic reports that would have
3624	been required pursuant to this section for reportable activities
3625	that occurred since the date of the last general election.
3626	(8)(9)  Electioneering communications organizations shall
3627	not use credit cards.
3628	Section 61.  Paragraphs (a) and (c) of subsection (2) and
3629	subsections (3) and (7) of section 106.0705, Florida Statutes,
3630	are amended to read:
3631	106.0705  Electronic filing of campaign treasurer's
3632	reports.-
3633	(2)(a)  Each individual candidate who is required to file
3634	reports with the division pursuant to s. 106.07 or s. 106.141
3635	with the division must file such reports with the division by
3636	means of the division's electronic filing system.
3637	(c)  Each person or organization that is required to file
3638	reports with the division under s. 106.071 must file such
3639	reports with the division by means of the division's electronic
3640	filing system.
3641	(3)  Reports filed pursuant to this section shall be
3642	completed and filed through the electronic filing system not
3643	later than midnight of the day designated. Reports not filed by
3644	midnight of the day designated are late filed and are subject to
3645	the penalties under s. 106.04(9) s. 106.04(8), s. 106.07(8), s.
3646	106.0703(7), or s. 106.29(3), as applicable.
3647	(7)  Notwithstanding anything in law to the contrary, any
3648	report required to have been filed under this section for the
3649	period ended March 31, 2005, shall be deemed to have been timely
3650	filed if the report is filed under this section on or before
3651	June 1, 2005.
3652	Section 62.  Subsections (3) and (6) of section 106.08,
3653	Florida Statutes, are amended to read:
3654	106.08  Contributions; limitations on.-
3655	(3)(a)  Any contribution received by a candidate with
3656	opposition in an election or by the campaign treasurer or a
3657	deputy campaign treasurer of such a candidate on the day of that
3658	election or less than 5 days prior to the day of that election
3659	must be returned by him or her to the person or committee
3660	contributing it and may not be used or expended by or on behalf
3661	of the candidate.
3662	(b)  Except as otherwise provided in paragraph (c), any
3663	contribution received by a candidate or by the campaign
3664	treasurer or a deputy campaign treasurer of a candidate after
3665	the date at which the candidate withdraws his or her candidacy,
3666	or after the date the candidate is defeated, becomes unopposed,
3667	or is elected to office must be returned to the person or
3668	committee contributing it and may not be used or expended by or
3669	on behalf of the candidate.
3670	(c)  With respect to any campaign for an office in which an
3671	independent or minor party candidate has filed as required in s.
3672	99.0955 or s. 99.096, but whose qualification is pending a
3673	determination by the Department of State or supervisor of
3674	elections as to whether or not the required number of petition
3675	signatures was obtained:
3676	1.  The department or supervisor shall, no later than 3
3677	days after that determination has been made, notify in writing
3678	all other candidates for that office of that determination.
3679	2.  Any contribution received by a candidate or the
3680	campaign treasurer or deputy campaign treasurer of a candidate
3681	after the candidate has been notified in writing by the
3682	department or supervisor that he or she has become unopposed as
3683	a result of an independent or minor party candidate failing to
3684	obtain the required number of petition signatures shall be
3685	returned to the person, political committee, or committee of
3686	continuous existence contributing it and shall not be used or
3687	expended by or on behalf of the candidate.
3688	(6)(a)  A political party may not accept any contribution
3689	that has been specifically designated for the partial or
3690	exclusive use of a particular candidate. Any contribution so
3691	designated must be returned to the contributor and may not be
3692	used or expended by or on behalf of the candidate.
3693	(b)1.  A political party may not accept any in-kind
3694	contribution that fails to provide a direct benefit to the
3695	political party. A "direct benefit" includes, but is not limited
3696	to, fundraising or furthering the objectives of the political
3697	party.
3698	2.a.  An in-kind contribution to a state political party
3699	may be accepted only by the chairperson of the state political
3700	party or by the chairperson's designee or designees whose names
3701	are on file with the division in a form acceptable to the
3702	division prior to the date of the written notice required in
3703	sub-subparagraph b. An in-kind contribution to a county
3704	political party may be accepted only by the chairperson of the
3705	county political party or by the county chairperson's designee
3706	or designees whose names are on file with the supervisor of
3707	elections of the respective county prior to the date of the
3708	written notice required in sub-subparagraph b.
3709	b.  A person making an in-kind contribution to a state
3710	political party or county political party must provide prior
3711	written notice of the contribution to a person described in sub-
3712	subparagraph a. The prior written notice must be signed and
3713	dated and may be provided by an electronic or facsimile message.
3714	However, prior written notice is not required for an in-kind
3715	contribution that consists of food and beverage in an aggregate
3716	amount not exceeding $1,500 which is consumed at a single
3717	sitting or event if such in-kind contribution is accepted in
3718	advance by a person specified in sub-subparagraph a.
3719	c.  A person described in sub-subparagraph a. may accept an
3720	in-kind contribution requiring prior written notice only in a
3721	writing that is signed and dated before the in-kind contribution
3722	is made. Failure to obtain the required written acceptance of an
3723	in-kind contribution to a state or county political party
3724	constitutes a refusal of the contribution.
3725	d.  A copy of each prior written acceptance required under
3726	sub-subparagraph c. must be filed with the division at the time
3727	the regular reports of contributions and expenditures required
3728	under s. 106.29 are filed by the state executive committee and
3729	county executive committee. A state executive committee and an
3730	affiliated party committee must file with the division. A county
3731	executive committee must file with the county's supervisor of
3732	elections.
3733	e.  An in-kind contribution may not be given to a state or
3734	county political party unless the in-kind contribution is made
3735	as provided in this subparagraph.
3736	Section 63.  Section 106.09, Florida Statutes, is amended
3737	to read:
3738	106.09  Cash contributions and contribution by cashier's
3739	checks.-
3740	(1)(a)  A person may not make an aggregate or accept a cash
3741	contribution or contribution by means of a cashier's check to
3742	the same candidate or committee in excess of $50 per election.
3743	(b)  A person may not accept an aggregate cash contribution
3744	or contribution by means of a cashier's check from the same
3745	contributor in excess of $50 per election.
3746	(2)(a)  Any person who makes or accepts a contribution in
3747	excess of $50 in violation of subsection (1) this section
3748	commits a misdemeanor of the first degree, punishable as
3749	provided in s. 775.082 or s. 775.083.
3750	(b)  Any person who knowingly and willfully makes or
3751	accepts a contribution in excess of $5,000 in violation of
3752	subsection (1) this section commits a felony of the third
3753	degree, punishable as provided in s. 775.082, s. 775.083, or s.
3754	775.084.
3755	Section 64.  Paragraph (b) of subsection (1) and paragraph
3756	(a) of subsection (2) of section 106.11, Florida Statutes, are
3757	amended, and subsection (6) is added to that section, to read:
3758	106.11  Expenses of and expenditures by candidates and
3759	political committees.-Each candidate and each political
3760	committee which designates a primary campaign depository
3761	pursuant to s. 106.021(1) shall make expenditures from funds on
3762	deposit in such primary campaign depository only in the
3763	following manner, with the exception of expenditures made from
3764	petty cash funds provided by s. 106.12:
3765	(1)
3766	(b)  The checks for such account shall contain, as a
3767	minimum, the following information:
3768	1.  The statement "Campaign Account of ...(name of
3769	candidate or political committee)... Campaign Account."
3770	2.  The account number and the name of the bank.
3771	3.  The exact amount of the expenditure.
3772	4.  The signature of the campaign treasurer or deputy
3773	treasurer.
3774	5.  The exact purpose for which the expenditure is
3775	authorized.
3776	6.  The name of the payee.
3777	(2)(a)  For purposes of this section, debit cards are
3778	considered bank checks, if:
3779	1.  Debit cards are obtained from the same bank that has
3780	been designated as the candidate's or political committee's
3781	primary campaign depository.
3782	2.  Debit cards are issued in the name of the treasurer,
3783	deputy treasurer, or authorized user and state "Campaign Account
3784	of ...(name of candidate or political committee)... Campaign
3785	Account."
3786	3.  No more than three debit cards are requested and
3787	issued.
3788	4.  Before a debit card is used, a list of all persons
3789	authorized to use the card is filed with the division.
3790	5.  All debit cards issued to a candidate's campaign or a
3791	political committee expire no later than midnight of the last
3792	day of the month of the general election.
3793	4.6.  The person using the debit card does not receive cash
3794	as part of, or independent of, any transaction for goods or
3795	services.
3796	5.7.  All receipts for debit card transactions contain:
3797	a.  The last four digits of the debit card number.
3798	b.  The exact amount of the expenditure.
3799	c.  The name of the payee.
3800	d.  The signature of the campaign treasurer, deputy
3801	treasurer, or authorized user.
3802	e.  The exact purpose for which the expenditure is
3803	authorized.
3804
3805	Any information required by this subparagraph but not included
3806	on the debit card transaction receipt may be handwritten on, or
3807	attached to, the receipt by the authorized user before
3808	submission to the treasurer.
3809	(6)  A candidate who makes a loan to his or her campaign
3810	and reports the loan as required by s. 106.07 may be reimbursed
3811	for the loan at any time the campaign account has sufficient
3812	funds to repay the loan and satisfy its other obligations.
3813	Section 65.  Subsection (4) of section 106.141, Florida
3814	Statutes, is amended to read:
3815	106.141  Disposition of surplus funds by candidates.-
3816	(4)(a)  Except as provided in paragraph (b), any candidate
3817	required to dispose of funds pursuant to this section shall, at
3818	the option of the candidate, dispose of such funds by any of the
3819	following means, or any combination thereof:
3820	1.  Return pro rata to each contributor the funds that have
3821	not been spent or obligated.
3822	2.  Donate the funds that have not been spent or obligated
3823	to a charitable organization or organizations that meet the
3824	qualifications of s. 501(c)(3) of the Internal Revenue Code.
3825	3.  Give not more than $10,000 of the funds that have not
3826	been spent or obligated to the political party of which such
3827	candidate is a member, except that a candidate for the Florida
3828	Senate may give not more than $30,000 of such funds to the
3829	political party of which the candidate is a member.
3830	4.  Give the funds that have not been spent or obligated:
3831	a.  In the case of a candidate for state office, to the
3832	state, to be deposited in either the Election Campaign Financing
3833	Trust Fund or the General Revenue Fund, as designated by the
3834	candidate; or
3835	b.  In the case of a candidate for an office of a political
3836	subdivision, to such political subdivision, to be deposited in
3837	the general fund thereof.
3838	(b)  Any candidate required to dispose of funds pursuant to
3839	this section who has received contributions pursuant to from the
3840	Florida Election Campaign Financing Act Trust Fund shall, after
3841	all monetary commitments pursuant to s. 106.11(5)(b) and (c)
3842	have been met, return all surplus campaign funds to the General
3843	Revenue Election Campaign Financing Trust Fund.
3844	Section 66.  Section 106.143, Florida Statutes, is amended
3845	to read:
3846	106.143  Political advertisements circulated prior to
3847	election; requirements.-
3848	(1)(a)  Any political advertisement that is paid for by a
3849	candidate, except a write-in candidate, and that is published,
3850	displayed, or circulated before, or on the day of, any election
3851	must prominently state:
3852	1.  "Political advertisement paid for and approved by
3853	...(name of candidate)..., ...(party affiliation)..., for
3854	...(office sought)..."; or
3855	2.  "Paid by ...(name of candidate)..., ...(party
3856	affiliation)..., for ...(office sought)...."
3857	(b)  Any political advertisement that is paid for by a
3858	write-in candidate and that is published, displayed, or
3859	circulated before, or on the day of, any election must
3860	prominently state:
3861	1.  "Political advertisement paid for and approved by
3862	...(name of candidate)..., write-in candidate, for ...(office
3863	sought)..."; or
3864	2.  "Paid by ...(name of candidate)..., write-in candidate,
3865	for ...(office sought)...."
3866	(c)(b)  Any other political advertisement published,
3867	displayed, or circulated before, or on the day of, any election
3868	must prominently:
3869	1.  Be marked "paid political advertisement" or with the
3870	abbreviation "pd. pol. adv."
3871	2.  State the name and address of the persons paying for
3872	sponsoring the advertisement.
3873	3.a.(I)  State whether the advertisement and the cost of
3874	production is paid for or provided in kind by or at the expense
3875	of the entity publishing, displaying, broadcasting, or
3876	circulating the political advertisement.; or
3877	(II)  State who provided or paid for the advertisement and
3878	cost of production, if different from the source of sponsorship.
3879	b.  This subparagraph does not apply if the source of the
3880	sponsorship is patently clear from the content or format of the
3881	political advertisement.
3882	(d)(c)  Any political advertisement made pursuant to s.
3883	106.021(3)(d) must be marked "paid political advertisement" or
3884	with the abbreviation "pd. pol. adv." and must prominently state
3885	the name and address of the political committee or political
3886	party paying for the advertisement., "Paid for and sponsored by
3887	...(name of person paying for political advertisement)....
3888	Approved by ...(names of persons, party affiliation, and offices
3889	sought in the political advertisement)...."
3890	(2)  Political advertisements made as in-kind contributions
3891	from a political party must prominently state: "Paid political
3892	advertisement paid for by in-kind by ...(name of political
3893	party).... Approved by ...(name of person, party affiliation,
3894	and office sought in the political advertisement)...."
3895	(3)(2)  Any political advertisement of a candidate running
3896	for partisan office shall express the name of the political
3897	party of which the candidate is seeking nomination or is the
3898	nominee. If the candidate for partisan office is running as a
3899	candidate with no party affiliation, any political advertisement
3900	of the candidate must state that the candidate has no party
3901	affiliation. A political advertisement of a candidate running
3902	for nonpartisan office may not state the candidate's political
3903	party affiliation. This section does not prohibit a political
3904	advertisement from stating the candidate's partisan-related
3905	experience. A candidate for nonpartisan office is prohibited
3906	from campaigning based on party affiliation.
3907	(4)(3)  It is unlawful for any candidate or person on
3908	behalf of a candidate to represent that any person or
3909	organization supports such candidate, unless the person or
3910	organization so represented has given specific approval in
3911	writing to the candidate to make such representation. However,
3912	this subsection does not apply to:
3913	(a)  Editorial endorsement by any newspaper, radio or
3914	television station, or other recognized news medium.
3915	(b)  Publication by a party committee advocating the
3916	candidacy of its nominees.
3917	(5)(4)(a)  Any political advertisement not paid for by a
3918	candidate, including those paid for by a political party, other
3919	than an independent expenditure, offered by or on behalf of a
3920	candidate must be approved in advance by the candidate. Such
3921	political advertisement must expressly state that the content of
3922	the advertisement was approved by the candidate, unless the
3923	political advertisement is published, displayed, or circulated
3924	in compliance with subparagraph (1)(a)2., and must state who
3925	paid for the advertisement. The candidate shall provide a
3926	written statement of authorization to the newspaper, radio
3927	station, television station, or other medium for each such
3928	advertisement submitted for publication, display, broadcast, or
3929	other distribution.
3930	(b)  Any person who makes an independent expenditure for a
3931	political advertisement shall provide a written statement that
3932	no candidate has approved the advertisement to the newspaper,
3933	radio station, television station, or other medium for each such
3934	advertisement submitted for publication, display, broadcast, or
3935	other distribution. The advertisement must also contain a
3936	statement that no candidate has approved the advertisement.
3937	(c)  This subsection does not apply to campaign messages
3938	used by a candidate and his or her supporters if those messages
3939	are designed to be worn by a person.
3940	(6)(5)  No political advertisement of a candidate who is
3941	not an incumbent of the office for which the candidate is
3942	running shall use the word "re-elect." Additionally, such
3943	advertisement must include the word "for" between the
3944	candidate's name and the office for which the candidate is
3945	running, in order that incumbency is not implied. This
3946	subsection does not apply to bumper stickers or items designed
3947	to be worn by a person.
3948	(7)  Political advertisements paid for by a political party
3949	or an affiliated party committee may use names and abbreviations
3950	as registered under s. 103.081 in the disclaimer.
3951	(8)(6)  This section does not apply to novelty items having
3952	a retail value of $10 or less which support, but do not oppose,
3953	a candidate or issue.
3954	(9)(7)  Any political advertisement which is published,
3955	displayed, or produced in a language other than English may
3956	provide the information required by this section in the language
3957	used in the advertisement.
3958	(10)(8)  This section does not apply to any campaign
3959	message or political advertisement used by a candidate and the
3960	candidate's supporters or by a political committee if the
3961	message or advertisement is:
3962	(a)  Designed to be worn by a person.
3963	(b)  Placed as a paid link on an Internet website, provided
3964	the message or advertisement is no more than 200 characters in
3965	length and the link directs the user to another Internet website
3966	that complies with subsection (1).
3967	(c)  Placed as a graphic or picture link where compliance
3968	with the requirements of this section is not reasonably
3969	practical due to the size of the graphic or picture link and the
3970	link directs the user to another Internet website that complies
3971	with subsection (1).
3972	(d)  Placed at no cost on an Internet website for which
3973	there is no cost to post content for public users.
3974	(e)  Placed or distributed on an unpaid profile or account
3975	which is available to the public without charge or on a social
3976	networking Internet website, as long as the source of the
3977	message or advertisement is patently clear from the content or
3978	format of the message or advertisement. A candidate or political
3979	committee may prominently display a statement indicating that
3980	the website or account is an official website or account of the
3981	candidate or political committee and is approved by the
3982	candidate or political committee. A website or account may not
3983	be marked as official without prior approval by the candidate or
3984	political committee.
3985	(f)  Distributed as a text message or other message via
3986	Short Message Service, provided the message is no more than 200
3987	characters in length or requires the recipient to sign up or opt
3988	in to receive it.
3989	(g)  Connected with or included in any software application
3990	or accompanying function, provided that the user signs up, opts
3991	in, downloads, or otherwise accesses the application from or
3992	through a website that complies with subsection (1).
3993	(h)  Sent by a third-party user from or through a campaign
3994	or committee's website, provided the website complies with
3995	subsection (1).
3996	(i)  Contained in or distributed through any other
3997	technology-related item, service, or device for which compliance
3998	with subsection (1) is not reasonably practical due to the size
3999	or nature of such item, service, or device as available, or the
4000	means of displaying the message or advertisement makes
4001	compliance with subsection (1) impracticable.
4002	(11)(9)  Any person who willfully violates any provision of
4003	this section is subject to the civil penalties prescribed in s.
4004	106.265.
4005	Section 67.  Section 106.1437, Florida Statutes, is amended
4006	to read:
4007	106.1437  Miscellaneous advertisements.-Any advertisement,
4008	other than a political advertisement, independent expenditure,
4009	or electioneering communication, on billboards, bumper stickers,
4010	radio, or television, or in a newspaper, a magazine, or a
4011	periodical, intended to influence public policy or the vote of a
4012	public official, shall clearly designate the sponsor of such
4013	advertisement by including a clearly readable statement of
4014	sponsorship. If the advertisement is broadcast on television,
4015	the advertisement shall also contain a verbal statement of
4016	sponsorship. This section does shall not apply to an editorial
4017	endorsement. For purposes of this chapter, an expenditure made
4018	for, or in furtherance of, a miscellaneous advertisement is not
4019	considered to be a contribution to or on behalf of a candidate,
4020	and does not constitute an independent expenditure. Such
4021	expenditures are not subject to the limitations applicable to
4022	independent expenditures.
4023	Section 68.  Section 106.17, Florida Statutes, is amended
4024	to read:
4025	106.17  Polls and surveys relating to candidacies.-Any
4026	candidate, political committee, committee of continuous
4027	existence, electioneering communication organization, or state
4028	or county executive committee of a political party may authorize
4029	or conduct a political poll, survey, index, or measurement of
4030	any kind relating to candidacy for public office so long as the
4031	candidate, political committee, committee of continuous
4032	existence, electioneering communication organization, or
4033	political party maintains complete jurisdiction over the poll in
4034	all its aspects. State and county executive committees of a
4035	political party or an affiliated party committee may authorize
4036	and conduct political polls for the purpose of determining the
4037	viability of potential candidates. Such poll results may be
4038	shared with potential candidates, and expenditures incurred by
4039	state and county executive committees or an affiliated party
4040	committee for potential candidate polls are not contributions to
4041	the potential candidates.
4042	Section 69.  Subsection (4) is added to section 106.19,
4043	Florida Statutes, to read:
4044	106.19  Violations by candidates, persons connected with
4045	campaigns, and political committees.-
4046	(4)  Except as otherwise expressly stated, the failure by a
4047	candidate to comply with the requirements of this chapter has no
4048	effect upon whether the candidate has qualified for the office
4049	the candidate is seeking.
4050	Section 70.  Subsections (2) and (3), paragraph (i) of
4051	subsection (4), and subsection (5) of section 106.25, Florida
4052	Statutes, are amended to read:
4053	106.25  Reports of alleged violations to Florida Elections
4054	Commission; disposition of findings.-
4055	(2)  The commission shall investigate all violations of
4056	this chapter and chapter 104, but only after having received
4057	either a sworn complaint or information reported to it under
4058	this subsection by the Division of Elections. Such sworn
4059	complaint must be based upon personal information or information
4060	other than hearsay. Any person, other than the division, having
4061	information of any violation of this chapter or chapter 104
4062	shall file a sworn complaint with the commission. The commission
4063	shall investigate only those alleged violations specifically
4064	contained within the sworn complaint. If any complainant fails
4065	to allege all violations that arise from the facts or
4066	allegations alleged in a complaint, the commission shall be
4067	barred from investigating a subsequent complaint from such
4068	complainant that is based upon such facts or allegations that
4069	were raised or could have been raised in the first complaint. If
4070	the complaint includes allegations of violations relating to
4071	expense items reimbursed by a candidate, committee, or
4072	organization to the campaign account before a sworn complaint is
4073	filed, the commission shall be barred from investigating such
4074	allegations. Such sworn complaint shall state whether a
4075	complaint of the same violation has been made to any state
4076	attorney. Within 5 days after receipt of a sworn complaint, the
4077	commission shall transmit a copy of the complaint to the alleged
4078	violator. The respondent shall have 14 days after receipt of the
4079	complaint to file an initial response, and the executive
4080	director may not determine the legal sufficiency of the
4081	complaint during that time period. If the executive director
4082	finds that the complaint is legally sufficient, the respondent
4083	shall be notified of such finding by letter, which sets forth
4084	the statutory provisions alleged to have been violated and the
4085	alleged factual basis that supports the finding. All sworn
4086	complaints alleging violations of the Florida Election Code over
4087	which the commission has jurisdiction shall be filed with the
4088	commission within 2 years after the alleged violations. The
4089	period of limitations is tolled on the day a sworn complaint is
4090	filed with the commission. The complainant may withdraw the
4091	sworn complaint at any time prior to a probable cause hearing if
4092	good cause is shown. Withdrawal shall be requested in writing,
4093	signed by the complainant, and witnessed by a notary public,
4094	stating the facts and circumstances constituting good cause. The
4095	executive director shall prepare a written recommendation
4096	regarding disposition of the request which shall be given to the
4097	commission together with the request. "Good cause" shall be
4098	determined based upon the legal sufficiency or insufficiency of
4099	the complaint to allege a violation and the reasons given by the
4100	complainant for wishing to withdraw the complaint. If withdrawal
4101	is permitted, the commission must close the investigation and
4102	the case. No further action may be taken. The complaint will
4103	become a public record at the time of withdrawal.
4104	(3)  For the purposes of commission jurisdiction, a
4105	violation shall mean the willful performance of an act
4106	prohibited by this chapter or chapter 104 or the willful failure
4107	to perform an act required by this chapter or chapter 104. The
4108	commission may not by rule determine what constitutes
4109	willfulness or further define the term "willful" for purposes of
4110	this chapter or chapter 104. Willfulness is a determination of
4111	fact; however, at the request of the respondent at any time
4112	after probable cause is found, willfulness may be considered and
4113	determined in an informal hearing before the commission.
4114	(4)  The commission shall undertake a preliminary
4115	investigation to determine if the facts alleged in a sworn
4116	complaint or a matter initiated by the division constitute
4117	probable cause to believe that a violation has occurred.
4118	(i)1.  Upon a commission finding of probable cause, the
4119	counsel for the commission shall attempt to reach a consent
4120	agreement with the respondent. At any time, the commission may
4121	enter into a consent order with a respondent without requiring
4122	the respondent to admit to a violation of law within the
4123	jurisdiction of the commission.
4124	2.  A consent agreement is not binding upon either party
4125	unless and until it is signed by the respondent and by counsel
4126	for the commission upon approval by the commission.
4127	3.  Nothing herein shall be construed to prevent the
4128	commission from entering into a consent agreement with a
4129	respondent prior to a commission finding of probable cause if a
4130	respondent indicates in writing a desire to enter into
4131	negotiations directed towards reaching such a consent agreement.
4132	Any consent agreement reached under this subparagraph is subject
4133	to the provisions of subparagraph 2. and shall have the same
4134	force and effect as a consent agreement reached after the
4135	commission finding of probable cause.
4136
4137	In a case where probable cause is found, the commission shall
4138	make a preliminary determination to consider the matter or to
4139	refer the matter to the state attorney for the judicial circuit
4140	in which the alleged violation occurred. Notwithstanding any
4141	other provisions of this section, the commission may, at its
4142	discretion, dismiss any complaint at any stage of disposition if
4143	it determines that the public interest would not be served by
4144	proceeding further, in which case the commission shall issue a
4145	public report stating with particularity its reasons for the
4146	dismissal.
4147	(5)  Unless A person alleged by the Elections Commission to
4148	have committed a violation of this chapter or chapter 104 may
4149	elect, as a matter of right elects, within 30 days after the
4150	date of the filing of the commission's allegations, to have a
4151	formal administrative or informal hearing conducted before the
4152	commission, or elects to resolve the complaint by consent order,
4153	such person shall be entitled to a formal administrative hearing
4154	conducted by an administrative law judge in the Division of
4155	Administrative Hearings. The administrative law judge in such
4156	proceedings shall enter a final order, which may include the
4157	imposition of civil penalties, subject to appeal as provided in
4158	s. 120.68. If the person does not elect to have a hearing by an
4159	administrative law judge and does not elect to resolve the
4160	complaint by a consent order, the person is entitled to a formal
4161	or informal hearing conducted before the commission.
4162	Section 71.  Subsection (1) of section 106.26, Florida
4163	Statutes, is amended to read:
4164	106.26  Powers of commission; rights and responsibilities
4165	of parties; findings by commission.-
4166	(1)  The commission shall, pursuant to rules adopted and
4167	published in accordance with chapter 120, consider all sworn
4168	complaints filed with it and all matters reported to it by the
4169	Division of Elections. In order to carry out the
4170	responsibilities prescribed by this chapter, the commission is
4171	empowered to subpoena and bring before it, or its duly
4172	authorized representatives, any person in the state, or any
4173	person doing business in the state, or any person who has filed
4174	or is required to have filed any application, document, papers,
4175	or other information with an office or agency of this state or a
4176	political subdivision thereof and to require the production of
4177	any papers, books, or other records relevant to any
4178	investigation, including the records and accounts of any bank or
4179	trust company doing business in this state. Duly authorized
4180	representatives of the commission are empowered to administer
4181	all oaths and affirmations in the manner prescribed by law to
4182	witnesses who shall appear before them concerning any relevant
4183	matter. Should any witness fail to respond to the lawful
4184	subpoena of the commission or, having responded, fail to answer
4185	all lawful inquiries or to turn over evidence that has been
4186	subpoenaed, the commission may file a complaint in the before
4187	any circuit court where the witness resides of the state setting
4188	up such failure on the part of the witness. On the filing of
4189	such complaint, the court shall take jurisdiction of the witness
4190	and the subject matter of said complaint and shall direct the
4191	witness to respond to all lawful questions and to produce all
4192	documentary evidence in the witness's possession which is
4193	lawfully demanded. The failure of any witness to comply with
4194	such order of the court shall constitute a direct and criminal
4195	contempt of court, and the court shall punish said witness
4196	accordingly. However, the refusal by a witness to answer
4197	inquiries or turn over evidence on the basis that such testimony
4198	or material will tend to incriminate such witness shall not be
4199	deemed refusal to comply with the provisions of this chapter.
4200	The sheriffs in the several counties shall make such service and
4201	execute all process or orders when required by the commission.
4202	Sheriffs shall be paid for these services by the commission as
4203	provided for in s. 30.231. Any person who is served with a
4204	subpoena to attend a hearing of the commission also shall be
4205	served with a general statement informing him or her of the
4206	subject matter of the commission's investigation or inquiry and
4207	a notice that he or she may be accompanied at the hearing by
4208	counsel of his or her own choosing.
4209	Section 72.  Subsections (1) through (4) of section
4210	106.265, Florida Statutes, are amended and renumbered, and
4211	present subsection (5) of that section is renumbered as
4212	subsection (6), to read:
4213	106.265  Civil penalties.-
4214	(1)  The commission or, in cases referred to the Division
4215	of Administrative Hearings pursuant to s. 106.25(5), the
4216	administrative law judge is authorized upon the finding of a
4217	violation of this chapter or chapter 104 to impose civil
4218	penalties in the form of fines not to exceed $1,000 per count,
4219	or, if applicable, to impose a civil penalty as provided in s.
4220	104.271 or s. 106.19.
4221	(2)  In determining the amount of such civil penalties, the
4222	commission or administrative law judge shall consider, among
4223	other mitigating and aggravating circumstances:
4224	(a)  The gravity of the act or omission;
4225	(b)  Any previous history of similar acts or omissions;
4226	(c)  The appropriateness of such penalty to the financial
4227	resources of the person, political committee, committee of
4228	continuous existence, electioneering communications
4229	organization, or political party; and
4230	(d)  Whether the person, political committee, committee of
4231	continuous existence, electioneering communications
4232	organization, or political party has shown good faith in
4233	attempting to comply with the provisions of this chapter or
4234	chapter 104.
4235	(3)(2)  If any person, political committee, committee of
4236	continuous existence, electioneering communications
4237	organization, or political party fails or refuses to pay to the
4238	commission any civil penalties assessed pursuant to the
4239	provisions of this section, the commission shall be responsible
4240	for collecting the civil penalties resulting from such action.
4241	(4)(3)  Any civil penalty collected pursuant to the
4242	provisions of this section shall be deposited into the General
4243	Revenue Fund Election Campaign Financing Trust Fund.
4244	(5)(4)  Notwithstanding any other provisions of this
4245	chapter, Any fine assessed pursuant to the provisions of this
4246	chapter shall, which fine is designated to be deposited or which
4247	would otherwise be deposited into the General Revenue Fund of
4248	the state, shall be deposited into the Election Campaign
4249	Financing Trust Fund.
4250	Section 73.  Subsection (1) and paragraph (b) of subsection
4251	(3) of section 106.29, Florida Statutes, are amended to read:
4252	106.29  Reports by political parties; restrictions on
4253	contributions and expenditures; penalties.-
4254	(1)  The state executive committee and each county
4255	executive committee of each political party regulated by chapter
4256	103 shall file regular reports of all contributions received and
4257	all expenditures made by such committee. However, the reports
4258	shall not include contributions and expenditures that are
4259	reported to the Federal Election Commission. In addition, when a
4260	special election is called to fill a vacancy in office, each
4261	state executive committee, each affiliated party committee, and
4262	each county executive committee making contributions or
4263	expenditures to influence the results of the special election or
4264	the preceding special primary election must file campaign
4265	treasurers' reports on the dates set by the Department of State
4266	pursuant to s. 100.111. Such reports shall contain the same
4267	information as do reports required of candidates by s. 106.07
4268	and shall be filed on the 10th day following the end of each
4269	calendar quarter, except that, during the period from the last
4270	day for candidate qualifying until the general election, such
4271	reports shall be filed on the Friday immediately preceding each
4272	special primary election, special election, both the primary
4273	election, and the general election. In addition to the reports
4274	filed under this section, the state executive committee and each
4275	county executive committee shall file a copy of each prior
4276	written acceptance of an in-kind contribution given by the
4277	committee during the preceding calendar quarter as required
4278	under s. 106.08(6). Each state executive committee shall file
4279	the original and one copy of its reports with the Division of
4280	Elections. Each county executive committee shall file its
4281	reports with the supervisor of elections in the county in which
4282	such committee exists. Any state or county executive committee
4283	failing to file a report on the designated due date shall be
4284	subject to a fine as provided in subsection (3). No separate
4285	fine shall be assessed for failure to file a copy of any report
4286	required by this section.
4287	(3)
4288	(b)  Upon determining that a report is late, the filing
4289	officer shall immediately notify the chair of the executive
4290	committee as to the failure to file a report by the designated
4291	due date and that a fine is being assessed for each late day.
4292	The fine shall be $1,000 for a state executive committee, and
4293	$50 for a county executive committee, per day for each late day,
4294	not to exceed 25 percent of the total receipts or expenditures,
4295	whichever is greater, for the period covered by the late report.
4296	However, if an executive committee fails to file a report on the
4297	Friday immediately preceding the special election or general
4298	election, the fine shall be $10,000 per day for each day a state
4299	executive committee is late and $500 per day for each day a
4300	county executive committee is late. Upon receipt of the report,
4301	the filing officer shall determine the amount of the fine which
4302	is due and shall notify the chair. Notice is deemed complete
4303	upon proof of delivery of written notice to the mailing or
4304	street address on record with the filing officer. The filing
4305	officer shall determine the amount of the fine due based upon
4306	the earliest of the following:
4307	1.  When the report is actually received by such officer.
4308	2.  When the report is postmarked.
4309	3.  When the certificate of mailing is dated.
4310	4.  When the receipt from an established courier company is
4311	dated.
4312	5.  When the electronic receipt issued pursuant to s.
4313	106.0705 is dated.
4314
4315	Such fine shall be paid to the filing officer within 20 days
4316	after receipt of the notice of payment due, unless appeal is
4317	made to the Florida Elections Commission pursuant to paragraph
4318	(c). An officer or member of an executive committee shall not be
4319	personally liable for such fine.
4320	Section 74.  Subsection (5) of section 106.35, Florida
4321	Statutes, is amended to read:
4322	106.35  Distribution of funds.-
4323	(5)  The division shall adopt rules providing for the
4324	weekly reports and certification and distribution of funds
4325	pursuant thereto required by this section. Such rules shall, at
4326	a minimum, provide for:
4327	(a)  Specifications for printed campaign treasurer's
4328	reports outlining the format for such reports, including size of
4329	paper, typeface, color of print, and placement of required
4330	information on the form.
4331	(b)1.  specifications for electronically transmitted
4332	campaign treasurer's reports outlining communication parameters
4333	and protocol, data record formats, and provisions for ensuring
4334	security of data and transmission.
4335	2.  All electronically transmitted campaign treasurer's
4336	reports must also be filed in printed format. Printed format
4337	shall not include campaign treasurer's reports submitted by
4338	electronic facsimile transmission.
4339	Section 75.  Paragraph (b) of subsection (12) of section
4340	112.312, Florida Statutes, is amended to read:
4341	112.312  Definitions.-As used in this part and for purposes
4342	of the provisions of s. 8, Art. II of the State Constitution,
4343	unless the context otherwise requires:
4344	(12)
4345	(b)  "Gift" does not include:
4346	1.  Salary, benefits, services, fees, commissions, gifts,
4347	or expenses associated primarily with the donee's employment,
4348	business, or service as an officer or director of a corporation
4349	or organization.
4350	2.  Contributions or expenditures reported pursuant to
4351	chapter 106, contributions or expenditures reported pursuant to
4352	federal election law, campaign-related personal services
4353	provided without compensation by individuals volunteering their
4354	time, or any other contribution or expenditure by a political
4355	party.
4356	3.  An honorarium or an expense related to an honorarium
4357	event paid to a person or the person's spouse.
4358	4.  An award, plaque, certificate, or similar personalized
4359	item given in recognition of the donee's public, civic,
4360	charitable, or professional service.
4361	5.  An honorary membership in a service or fraternal
4362	organization presented merely as a courtesy by such
4363	organization.
4364	6.  The use of a public facility or public property, made
4365	available by a governmental agency, for a public purpose.
4366	7.  Transportation provided to a public officer or employee
4367	by an agency in relation to officially approved governmental
4368	business.
4369	8.  Gifts provided directly or indirectly by a state,
4370	regional, or national organization which promotes the exchange
4371	of ideas between, or the professional development of,
4372	governmental officials or employees, and whose membership is
4373	primarily composed of elected or appointed public officials or
4374	staff, to members of that organization or officials or staff of
4375	a governmental agency that is a member of that organization.
4376	Section 76.  Paragraph (d) of subsection (1) of section
4377	112.3215, Florida Statutes, is amended to read:
4378	112.3215  Lobbying before the executive branch or the
4379	Constitution Revision Commission; registration and reporting;
4380	investigation by commission.-
4381	(1)  For the purposes of this section:
4382	(d)  "Expenditure" means a payment, distribution, loan,
4383	advance, reimbursement, deposit, or anything of value made by a
4384	lobbyist or principal for the purpose of lobbying. The term
4385	"expenditure" does not include contributions or expenditures
4386	reported pursuant to chapter 106 or contributions or
4387	expenditures reported pursuant to federal election law,
4388	campaign-related personal services provided without compensation
4389	by individuals volunteering their time, any other contribution
4390	or expenditure made by or to a political party, or any other
4391	contribution or expenditure made by an organization that is
4392	exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4).
4393	Section 77.  Subsection (1) of section 876.05, Florida
4394	Statutes, is amended to read:
4395	876.05  Public employees; oath.-
4396	(1)  All persons who now or hereafter are employed by or
4397	who now or hereafter are on the payroll of the state, or any of
4398	its departments and agencies, subdivisions, counties, cities,
4399	school boards and districts of the free public school system of
4400	the state or counties, or institutions of higher learning, and
4401	all candidates for public office, except candidates for federal
4402	office, are required to take an oath before any person duly
4403	authorized to take acknowledgments of instruments for public
4404	record in the state in the following form:
4405
4406	I, ...., a citizen of the State of Florida and of the
4407	United States of America, and being employed by or an officer of
4408	.... and a recipient of public funds as such employee or
4409	officer, do hereby solemnly swear or affirm that I will support
4410	the Constitution of the United States and of the State of
4411	Florida.
4412	Section 78.  Section 876.07, Florida Statutes, is repealed.
4413	Section 79.  If any provision of this act or its
4414	application to any person or circumstance is held invalid, the
4415	invalidity does not affect other provisions or applications of
4416	the act which can be given effect without the invalid provision
4417	or application, and to this end the provisions of this act are
4418	severable.
4419	Section 80.  Except as otherwise expressly provided in this
4420	act, this act shall take effect upon becoming a law.

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