Bill Text: FL S0900 | 2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Voting [GPSC]
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-04-26 - Placed on Special Order Calendar; Read 2nd time -SJ 00819; Amendment(s) adopted (952218) -SJ 00820; Amendment(s) failed -SJ 00820; Substituted CS/CS/HB 131 -SJ 00820; Laid on Table, companion bill(s) passed, see CS/CS/HB 131 (Ch. 2010-167) -SJ 00820 [S0900 Detail]
Download: Florida-2010-S0900-Comm_Sub.html
Bill Title: Voting [GPSC]
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-04-26 - Placed on Special Order Calendar; Read 2nd time -SJ 00819; Amendment(s) adopted (952218) -SJ 00820; Amendment(s) failed -SJ 00820; Substituted CS/CS/HB 131 -SJ 00820; Laid on Table, companion bill(s) passed, see CS/CS/HB 131 (Ch. 2010-167) -SJ 00820 [S0900 Detail]
Download: Florida-2010-S0900-Comm_Sub.html
Florida Senate - 2010 CS for SB 900 By the Committee on Ethics and Elections; and Senator Thrasher 582-02179A-10 2010900c1 1 A bill to be entitled 2 An act relating to elections; creating s. 97.0115, 3 F.S.; providing that chapters 97 through 105, F.S., 4 shall govern all procedures and processes relating to 5 elections; prohibiting a county or district charter, 6 ordinance, or regulation from conflicting with 7 specified provisions of state law; amending s. 97.021, 8 F.S.; defining the term “absent uniformed services 9 voter”; revising the definition of “overseas voter”; 10 amending s. 98.0981, F.S., relating to statewide voter 11 information; conforming a cross-reference; amending s. 12 101.111, F.S.; revising voter challenge oath 13 requirements; providing circumstances under which a 14 challenged voter may execute a change of legal 15 residence; providing increased penalties for filing a 16 frivolous voter challenge; amending s. 101.56075, 17 F.S.; deleting a requirement that persons with 18 disabilities vote on certain voter interface devices; 19 requiring that persons with disabilities vote on voter 20 interface devices meeting specified requirements, 21 effective July 1, 2016; amending s. 101.5612, F.S.; 22 requiring that notice of tabulation equipment testing 23 be posted on a supervisor’s website; requiring the use 24 of certain ballots and technology for testing of 25 tabulating equipment; amending s. 101.62, F.S.; 26 requiring that a supervisor of elections accept a 27 request for an absentee ballot from certain 28 individuals; revising the time an absentee ballot 29 request is valid; revising the information that a 30 person making an absentee ballot request must 31 disclose; requiring a supervisor to notify a voter of 32 the free access system under certain circumstances; 33 requiring a supervisor to make certain absentee ballot 34 information available on a certain date; requiring a 35 supervisor to send by a specified means absentee 36 ballots to certain absentee voters by a date certain 37 before an election; providing that an absentee ballot 38 may be sent by email or facsimile to certain voters; 39 providing that certain voters may choose the means by 40 which they receive absentee ballots; amending the 41 procedures for providing ballots to specific voters 42 under certain circumstances; amending s. 101.694, 43 F.S.; requiring a supervisor to send absentee ballots 44 by a specified means to certain persons upon receipt 45 of a federal postcard application; removing the time 46 for which an absentee ballot request is valid; 47 amending s. 101.6952, F.S.; revising procedures for 48 processing absentee ballot requests and communicating 49 by electronic mail with overseas voters; amending s. 50 101.71, F.S.; requiring a supervisor to provide 51 certain resources for colocated precincts; requiring a 52 supervisor to post certain information on his or her 53 website; amending s. 102.012, F.S.; authorizing a 54 supervisor to appoint one election board for colocated 55 precincts; requiring a supervisor to provide a 56 sufficient number of poll workers for colocated 57 precincts; amending s. 102.111, F.S.; clarifying that 58 the Governor and Cabinet members shall serve ex 59 officio on the Elections Canvassing Commission; 60 establishing meeting times for the commission; 61 amending s. 102.112, F.S.; conforming a cross 62 reference; amending s. 102.141, F.S.; requiring 63 certain information to be posted on a supervisor’s 64 website; providing circumstances under which the 65 Secretary of State, county canvassing board, or local 66 board is responsible for ordering recounts in 67 elections; amending s. 102.166, F.S.; providing 68 circumstances under which the Secretary of State, 69 county canvassing board, or local board is responsible 70 for ordering a manual recount of overvotes and 71 undervotes; providing an exception for candidates in 72 certain circumstances; amending s. 106.03, F.S.; 73 requiring that changes to the information previously 74 submitted by political committees be reported within 75 10 days following such change; requiring that the 76 Division of Elections adopt rules regarding 77 dissolution of political committees; amending s. 78 106.04, F.S.; clarifying that committees of continuous 79 existence file campaign finance reports electronically 80 with the Division of Elections; clarifying campaign 81 finance filing requirements for committees of 82 continuous existence involved in special elections to 83 fill vacancies in office; prescribing additional 84 campaign finance filing requirements for committees of 85 continuous existence participating in local elections; 86 amending requirements for reporting transaction 87 information from credit card purchases; requiring 88 changes in information previously submitted to be 89 reported to the Division of Elections within 10 days; 90 amending provisions for revoking a committee’s 91 certification; increasing late-filing fines for the 92 campaign finance report immediately preceding an 93 election; providing for the disposition of collected 94 fines; amending notice provisions related to late 95 filed reports; amending s. 106.07, F.S.; modifying 96 notice provisions related to the filing of campaign 97 finance reports by political committees and 98 candidates; prescribing additional campaign finance 99 filing requirements for political committees 100 participating in local elections; amending 101 requirements for reporting transaction information 102 from credit card purchases; amending s. 106.0705, 103 F.S., relating to electronic filing; conforming a 104 cross-reference; amending s. 106.11, F.S.; authorizing 105 under certain circumstances the reimbursement of a 106 loan made by a candidate to his or her campaign; 107 amending s. 106.143, F.S.; requiring that certain paid 108 political advertisements contain specified language; 109 requiring that a candidate running for a nonpartisan 110 office exclude the candidate’s party affiliation from 111 political advertisement; amending s. 106.29, F.S.; 112 amending notice provisions related to late-filed 113 reports; amending s. 379.352, F.S., relating to 114 recreational licenses and permits; conforming cross 115 references; providing effective dates. 116 117 Be It Enacted by the Legislature of the State of Florida: 118 119 Section 1. Section 97.0115, Florida Statutes, is created to 120 read: 121 97.0115 Chapters 97-105 govern procedures and processes 122 relating to elections within the state.— 123 (1) Chapters 97-105 govern all procedures and processes 124 relating to national, state, county, and district elections 125 within the state, except as otherwise specifically authorized by 126 federal or state law. The conduct of municipal elections shall 127 be governed by s. 100.3605. 128 (2) A county or district charter, ordinance, or regulation 129 may not conflict with the matters set forth in chapters 97-105. 130 Section 2. Effective upon this act becoming a law, present 131 subsections (2) through (43) of section 97.021, Florida 132 Statutes, are redesignated as subsections (3) through (44), 133 respectively, a new subsection (2) is added to that section, and 134 present subsection (22) of that section is amended, to read: 135 97.021 Definitions.—For the purposes of this code, except 136 where the context clearly indicates otherwise, the term: 137 (2) “Absent uniformed services voter” means: 138 (a) A member of a uniformed service on active duty who, by 139 reason of such active duty, is absent from the place of 140 residence where the member is otherwise qualified to vote; 141 (b) A member of the Merchant Marine who, by reason of 142 service in the Merchant Marine, is absent from the place of 143 residence where the member is otherwise qualified to vote; or 144 (c) A spouse or dependent of a member described in 145 paragraph (a) or paragraph (b) who, by reason of the active duty 146 or service of the member, is absent from the place of residence 147 where the spouse or dependent is otherwise qualified to vote. 148 (23)(22)“Overseas voter” means: 149 (a) An absent uniformed services voter who, by reason of 150 active duty or service, is absent from the United States on the 151 date of the election involvedMembers of the uniformed services152while in the active service who are permanent residents of the153state and are temporarily residing outside the territorial154limits of the United States and the District of Columbia; 155 (b) A person who resides outside the United States and who 156 is qualified to vote in the last place where the person was 157 domiciled before leaving the United StatesMembers of the158Merchant Marine of the United States who are permanent residents159of the state and are temporarily residing outside the160territorial limits of the United States and the District of161Columbia; and 162 (c) A person who resides outside the United States and, but 163 for such residence, would be qualified to vote in the last place 164 where the person was domiciled before leaving the United States. 165Other citizens of the United States who are permanent residents166of the state and are temporarily residing outside the167territorial limits of the United States and the District of168Columbia,who are qualified and registered to vote as provided169by law.170 Section 3. Effective upon this act becoming a law, 171 subsection (3) of section 98.0981, Florida Statutes, is amended 172 to read: 173 98.0981 Reports; voting history; statewide voter 174 registration system information; precinct-level election 175 results; book closing statistics.— 176 (3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.—After the date 177 of book closing but before the date of an election as defined in 178 s. 97.021(10)to fill a national, state, county, or district 179 office, or to vote on a proposed constitutional amendment, the 180 department shall compile the following precinct-level 181 statistical data for each county: 182 (a) Precinct numbers. 183 (b) Total number of active registered voters by party for 184 each precinct. 185 Section 4. Section 101.111, Florida Statutes, is amended to 186 read: 187 101.111 Voter challengesPerson desiring to vote may be188challenged; challenger to execute oath; oath of person189challenged; determination of challenge.— 190 (1)(a) Any registered elector or poll watcher of a county 191 may challenge the right of a person to vote in that county. The 192 challenge must be in writing and contain the following oath, 193 which shall be delivered to the clerk or inspector: 194 OATH OF PERSON ENTERING CHALLENGE 195 196 State of Florida 197 County of .... 198 199 I do solemnly swear or affirm that my name is ....;that I am a200member of the....Party;that I am a registered voter or 201 pollwatcher; that my residence address is ...., in the202municipality of....; and that I have reason to believe that 203 .... is attempting to vote illegally and the reasons for my 204 belief are set forth herein to wit: ............................ 205 ................................................................ 206 ................................................................ 207 ...(Signature of person challenging voter)... 208 209 Sworn and subscribed to before me this .... day of ...., 210 ...(year).... 211 ...(Clerk of election)... 212 (b)1. The clerk or inspector shall immediately deliver to 213 the challenged person a copy of the oath of the person entering 214 the challenge, and the challenged voter shall be allowed to cast 215 a provisional ballot in accordance with s. 101.048, except as 216 provided in subparagraph 2. 217 2. If the basis for the challenge is that the person’s 218 legal residence is not in that precinct, the person shall first 219 be given the opportunity to execute a change of legal residence 220 in order to be able to vote a regular ballot in accordance with 221 s. 101.045(2). If the change of legal residence is such that the 222 person is then properly registered for that precinct, the person 223 shall be allowed to vote a regular ballot. If the change of 224 legal residence places the person in another precinct, the 225 person shall be directed to the proper precinct to vote. If such 226 person insists that he or she is currently in the proper 227 precinct, the person shall be allowed to vote a provisional 228 ballot in accordance with s. 101.048. 229 (c) Alternatively, a challenge in accordance with this 230 section may be filed in advance with the supervisor of elections 231 no sooner than 30 days before an election. The supervisor shall 232 promptly provide the election board in the challenged voter’s 233 precinct with a copy of the oath of the person entering the 234 challenge. The challenged voter shall be allowed to cast a 235 provisional ballot in accordance with s. 101.048, subject to the 236 provisions of subparagraph (b)2. 237 (2) Any elector or poll watcher filing a frivolous 238 challenge of any person’s right to vote commits a felony 239misdemeanorof the thirdfirstdegree, punishable as provided in 240 s. 775.082,ors. 775.083, or s. 775.084; however, electors or 241 poll watchers shall not be subject to liability for any action 242 taken in good faith and in furtherance of any activity or duty 243 permitted of such electors or poll watchers by law. Each 244 instance where any elector or poll watcher files a frivolous 245 challenge of any person’s right to vote constitutes a separate 246 offense. 247 Section 5. Section 101.56075, Florida Statutes, is amended 248 to read: 249 101.56075 Voting methods.— 250 (1) Except as provided in subsection (2), all voting shall 251 be by marksense ballot utilizing a marking device for the 252 purpose of designating ballot selections. 253 (2) Persons with disabilities may vote on a voter interface 254 device that meets the voting system accessibility requirements 255 for individuals with disabilities pursuant to s. 301 of the 256 federal Help America Vote Act of 2002 and s. 101.56062. 257(3)By 2012, persons with disabilities shall vote on a258voter interface device that meets the voter accessibility259requirements for individuals with disabilities under s. 301 of260the federal Help America Vote Act of 2002 and s.101.56062which261are consistent with subsection (1) of this section.262 Section 6. Effective July 1, 2016, subsections (1) and (2) 263 of section 101.56075, Florida Statutes, are amended to read: 264 101.56075 Voting methods.— 265 (1)Except as provided in subsection (2),All voting shall 266 be by marksense ballot utilizing a marking device for the 267 purpose of designating ballot selections. 268 (2) Persons with disabilities shallmayvote on a voter 269 interface device that is consistent with the requirements of 270 subsection (1) and meets the voting system accessibility 271 requirements for individuals with disabilities pursuant to s. 272 301 of the federal Help America Vote Act of 2002 and s. 273 101.56062. 274 Section 7. Effective upon this act becoming a law, 275 subsections (2) and (5) of section 101.5612, Florida Statutes, 276 are amended to read: 277 101.5612 Testing of tabulating equipment.— 278 (2) On any day not more than 10 days prior to the 279 commencement of early voting as provided in s. 101.657, the 280 supervisor of elections shall have the automatic tabulating 281 equipment publicly tested to ascertain that the equipment will 282 correctly count the votes cast for all offices and on all 283 measures. If the ballots to be used at the polling place on 284 election day are not available at the time of the testing, the 285 supervisor may conduct an additional test not more than 10 days 286 before election day. Public notice of the time and place of the 287 test shall be given at least 48 hours prior thereto by 288 publication once in one or more newspapers of general 289 circulation in the county and on the supervisor’s website or, if 290 there is no newspaper of general circulation in the county, by 291 posting the notice in at least four conspicuous places in the 292 county. The supervisor or the municipal elections official may, 293 at the time of qualifying, give written notice of the time and 294 location of the public preelection test to each candidate 295 qualifying with that office and obtain a signed receipt that the 296 notice has been given. The Department of State shall give 297 written notice to each statewide candidate at the time of 298 qualifying, or immediately at the end of qualifying, that the 299 voting equipment will be tested and advise each candidate to 300 contact the county supervisor of elections as to the time and 301 location of the public preelection test. The supervisor or the 302 municipal elections official shall, at least 15 days prior to 303 the commencement of early voting as provided in s. 101.657, send 304 written notice by certified mail to the county party chair of 305 each political party and to all candidates for other than 306 statewide office whose names appear on the ballot in the county 307 and who did not receive written notification from the supervisor 308 or municipal elections official at the time of qualifying, 309 stating the time and location of the public preelection test of 310 the automatic tabulating equipment. The canvassing board shall 311 convene, and each member of the canvassing board shall certify 312 to the accuracy of the test. For the test, the canvassing board 313 may designate one member to represent it. The test shall be open 314 to representatives of the political parties, the press, and the 315 public. Each political party may designate one person with 316 expertise in the computer field who shall be allowed in the 317 central counting room when all tests are being conducted and 318 when the official votes are being counted. The designee shall 319 not interfere with the normal operation of the canvassing board. 320 (5) Any tests involving marksense ballots pursuant to this 321 section shall employ testpreprintedballots created by the 322 supervisor of elections using actual ballots that have been 323 printed for the election.,Ifpreprinted ballots will be used in324the election, andballot-on-demand ballots will be used in the 325 election, the supervisor shall create test ballots using the, if326 ballot-on-demand technology that will be used to produce ballots 327 in the election, using the same paper stock that will be used 328 for ballots in the electionor both. 329 Section 8. Effective upon this act becoming a law, section 330 101.62, Florida Statutes, is amended to read: 331 101.62 Request for absentee ballots.— 332 (1)(a) The supervisor shallmayaccept a request for an 333 absentee ballot from an elector in person or in writing.Except334as provided in s.101.694,One request shall be deemed 335 sufficient to receive an absentee ballot for all elections 336 through the nexttworegularly scheduled general election 337elections, unless the elector or the elector’s designee 338 indicates at the time the request is made the elections for 339 which the elector desires to receive an absentee ballot. Such 340 request may be considered canceled when any first-class mail 341 sent by the supervisor to the elector is returned as 342 undeliverable. 343 (b) The supervisor shallmayaccept awritten or telephonic344 request for an absentee ballot from the elector, or, if directly 345 instructed by the elector, a member of the elector’s immediate 346 family, or the elector’s legal guardian. For purposes of this 347 section, the term “immediate family” has the same meaning as 348 specified in paragraph (4)(b). The person making the request 349 must disclose: 350 1. The name of the elector for whom the ballot is 351 requested; 352 2. The elector’s address; 353 3. The elector’s date of birth; 354 4. The requester’s name; 355 5. The requester’s address; and 3566.The requester’s driver’s license number, if available;357 6.7.The requester’s relationship to the elector; and3588.The requester’s signature (written requests only). 359 (c) Upon receiving a request for an absentee ballot, the 360 supervisor of elections shall notify the voter of the free 361 access system that has been designated by the department for 362 determining the status of his or her absentee ballot. 363 (2) A request for an absentee ballot to be mailed to a 364 voter must be received no later than 5 p.m. on the sixth day 365 before the election by the supervisor of elections. The 366 supervisor of elections shall mail absentee ballots to voters 367 requesting ballots by such deadline no later than 4 days before 368 the election. 369 (3) For each request for an absentee ballot received, the 370 supervisor shall record the date the request was made, the date 371 the absentee ballot was delivered to the voter or the voter’s 372 designee or the date the absentee ballot was delivered to the 373 post office or other carrier, the date the ballot was received 374 by the supervisor, and such other information he or she may deem 375 necessary. This information shall be provided in electronic 376 format as provided by rule adopted by the division. The 377 information shall be updated and made available no later than 378 noon of each day beginning on the date on which the first 379 absentee ballots are mailed for the election and shall be 380 contemporaneously provided to the division. This information 381 shall be confidential and exempt from the provisions of s. 382 119.07(1) and shall be made available to or reproduced only for 383 the voter requesting the ballot, a canvassing board, an election 384 official, a political party or official thereof, a candidate who 385 has filed qualification papers and is opposed in an upcoming 386 election, and registered political committees or registered 387 committees of continuous existence, for political purposes only. 388 (4)(a) No later than 45 days before each election, the 389 supervisor of elections shall send an absentee ballot, in the 390 manner prescribed in subparagraph (b)3., to each absent 391 uniformed services voter and to each overseas voter who has 392 requested an absentee ballot.To each absent qualified elector393overseas who has requested an absentee ballot, the supervisor of394elections shall mail an absentee ballot not less than 35 days395before the primary election and not less than 45 days before the396general election.397 (b) The supervisor shall provide an absentee ballot to each 398 elector by whom a request for that ballot has been made by one 399 of the following means: 400 1. By nonforwardable, return-if-undeliverable mail to the 401 elector’s current mailing address on file with the supervisor.,402unless the elector specifies in the request that:403 2. By nonforwardable, return-if-undeliverable mail to any 404 address requested by an elector if the request specifies that: 405 a. The elector is absent from the county and does not plan 406 to return before the day of the election; 407 b. The elector is temporarily unable to occupy the 408 residence because of hurricane, tornado, flood, fire, or other 409 emergency or natural disaster; or 410 c. The elector is in a hospital, assisted living facility, 411 nursing home, short-term medical or rehabilitation facility, or 412 correctional facility,413 414in which case the supervisor shall mail the ballot by415nonforwardable, return-if-undeliverable mail to any other416address the elector specifies in the request. 417 3.2.By forwardable mail, e-mail, or facsimile machine 418 transmission to absent uniformed services voters and overseas 419 voterswho are entitled to vote by absentee ballot under the420Uniformed and Overseas Citizens Absentee Voting Act. The absent 421 uniformed services voter or overseas voter may designate in the 422 request the preferred method of transmission. If the voter does 423 not designate the method of transmission, the ballot shall be 424 mailed. 425 4.3.By personal delivery before 7 p.m. on election day to 426 the elector, upon presentation of the identification required in 427 s. 101.043. 428 5.4.By delivery to a designee on election day or up to 5 429 days prior to the day of an election. Any elector may designate 430 in writing a person to pick up the ballot for the elector; 431 however, the person designated may not pick up more than two 432 absentee ballots per election, other than the designee’s own 433 ballot, except that additional ballots may be picked up for 434 members of the designee’s immediate family. For purposes of this 435 section, “immediate family” means the designee’s spouse or the 436 parent, child, grandparent, or sibling of the designee or of the 437 designee’s spouse. The designee shall provide to the supervisor 438 the written authorization by the elector and a picture 439 identification of the designee and must complete an affidavit. 440 The designee shall state in the affidavit that the designee is 441 authorized by the elector to pick up that ballot and shall 442 indicate if the elector is a member of the designee’s immediate 443 family and, if so, the relationship. The department shall 444 prescribe the form of the affidavit. If the supervisor is 445 satisfied that the designee is authorized to pick up the ballot 446 and that the signature of the elector on the written 447 authorization matches the signature of the elector on file, the 448 supervisor shall give the ballot to that designee for delivery 449 to the elector. 450 (5) IfIn the event thatthe departmentElections451Canvassing Commissionis unable to certify candidates forthe452results ofan electionfor a state officein time for the 453 supervisors to comply with paragraph (4)(a)subsection (4), the 454 Department of State is authorized to prescribe rules for a 455 ballot to be sent to absent uniformed services voters and 456electorsoverseas voters. 457 (6) Nothing other than the materials necessary to vote 458 absentee shall be mailed or delivered with any absentee ballot. 459 Section 9. Effective upon this act becoming a law, 460 subsection (1) of section 101.694, Florida Statutes, is amended 461 to read: 462 101.694 Mailing of ballots upon receipt of federal postcard 463 application.— 464 (1) Upon receipt of a federal postcard application for an 465 absentee ballot executed by a person whose registration is in 466 order or whose application is sufficient to register or update 467 the registration of that person, the supervisor shall send the 468 ballot in accordance with s. 101.62(4)mail to the applicant a469ballot, if the ballots are available for mailing.The federal470postcard application request for an absentee ballot shall be471effective for all elections through the next two regularly472scheduled general elections.473 Section 10. Effective upon this act becoming a law, 474 subsection (1) of section 101.6952, Florida Statutes, is amended 475 to read: 476 101.6952 Absentee ballots for overseas voters.— 477 (1) If an overseas voter’s request for an absentee ballot 478 includes an e-mail address, the supervisor of elections shall: 479 (a) Record the voter’s e-mail address in the absentee 480 ballot record; 481 (b) Confirm via e-mail that the absentee request was 482 received and inform the voter of the estimated date on which the 483 ballot will be sent to the voter; 484 (c) Inform the voter of the names of candidates who will be 485 on the ballots via electronic transmission. The supervisor of 486 elections shall e-mail to the voter the list of candidates for 487 the primary and general election not later than 30 days before 488 each election; and 489 (d) Notify the voter via e-mail when the voted absentee 490 ballot is received by the supervisor of elections. 491 Section 11. Effective upon this act becoming a law, 492 subsection (2) of section 101.71, Florida Statutes, is amended 493 to read: 494 101.71 Polling place.— 495 (2) Notwithstanding the provisions of subsection (1), 496 whenever the supervisor of elections of any county determines 497 that the accommodations for holding any election at a polling 498 place designated for any precinct in the county are unavailable, 499 are inadequate for the expeditious and efficient housing and 500 handling of voting and voting paraphernalia, or do not comply 501 with the requirements of s. 101.715, the supervisor shall, not 502 less than 30 days prior to the holding of an election, provide 503 for the voting place for such precinct to be moved to another 504 site that is accessible to the public on election day in said 505 precinct or, if such is not available, to another site that is 506 accessible to the public on election day in a contiguous 507 precinct. If such action of the supervisor results in the voting 508 place for two or more precincts being located for the purposes 509 of an election in one building, the supervisor of elections 510 shall provide adequate supplies, equipment, and personnel to 511 accommodate the voters for the precincts that are colocated 512voting places for the several precincts involved shall be513established and maintained separate from each other in said514building. When any supervisor moves any polling place pursuant 515 to this subsection, the supervisor shall, not more than 30 days 516 or fewer than 7 days prior to the holding of an election, give 517 notice of the change of the polling place for the precinct 518 involved, with clear description of the voting place to which 519 changed, at least once in a newspaper of general circulation in 520 said county and on the supervisor’s website. A notice of the 521 change of the polling place involved shall be mailed, at least 522 14 days prior to an election, to each registered elector or to 523 each household in which there is a registered elector. 524 Section 12. Effective upon this act becoming a law, 525 subsection (1) of section 102.012, Florida Statutes, is amended 526 to read: 527 102.012 Inspectors and clerks to conduct elections.— 528 (1)(a) The supervisor of elections of each county, at least 529 20 days prior to the holding of any election, shall appoint an 530 election board comprised of poll workers who serve as clerks or 531 inspectors for each precinct in the county. The clerk shall be 532 in charge of, and responsible for, seeing that the election 533 board carries out its duties and responsibilities. Each 534 inspector and each clerk shall take and subscribe to an oath or 535 affirmation, which shall be written or printed, to the effect 536 that he or she will perform the duties of inspector or clerk of 537 election, respectively, according to law and will endeavor to 538 prevent all fraud, deceit, or abuse in conducting the election. 539 The oath may be taken before an officer authorized to administer 540 oaths or before any of the persons who are to act as inspectors, 541 one of them to swear the others, and one of the others sworn 542 thus, in turn, to administer the oath to the one who has not 543 been sworn. The oaths shall be returned with the poll list and 544 the returns of the election to the supervisor. In all questions 545 that may arise before the members of an election board, the 546 decision of a majority of them shall decide the question. The 547 supervisor of elections of each county shall be responsible for 548 the attendance and diligent performance of his or her duties by 549 each clerk and inspector. 550 (b) If two or more precincts share the same building and 551 voting place, the supervisor of elections may appoint one 552 election board for all such precincts. The supervisor shall 553 provide a sufficient number of poll workers to adequately handle 554 the processing of the voters in the colocated precincts. 555 Section 13. Effective upon this act becoming a law, section 556 102.111, Florida Statutes, is amended to read: 557 102.111 Elections Canvassing Commission.— 558 (1) The Elections Canvassing Commission shall consist of 559 the Governor and two members of the Cabinet selected by the 560 Governor, all of whom shall serve ex officio. If a member of the 561Elections Canvassingcommission is unable to serve for any 562 reason, the Governor shall appoint a remaining member of the 563 Cabinet. If there is a further vacancy, the remaining members of 564 the commission shall agree on another elected official to fill 565 the vacancy. 566 (2) The Elections Canvassing Commission shall meet at 9 567 a.m. on the 9th day after a primary election and at 9 a.m. on 568 the 14th day after a general election to, as soon as the569official results are compiled from all counties,certify the 570 returns of the electionand determine and declare who has been571electedfor each federal, state, and multicounty office. If a 572 member of a county canvassing board that was constituted 573 pursuant to s. 102.141 determines, within 5 days after the 574 certification by the Elections Canvassing Commission, that a 575 typographical error occurred in the official returns of the 576 county, the correction of which could result in a change in the 577 outcome of an election, the county canvassing board must certify 578 corrected returns to the Department of State within 24 hours, 579 and the Elections Canvassing Commission must correct and 580 recertify the election returns as soon as practicable. 581 (3)(2)The Division of Elections shall provide the staff 582 services required by the Elections Canvassing Commission. 583 Section 14. Effective upon this act becoming a law, 584 subsection (2) of section 102.112, Florida Statutes, is amended 585 to read: 586 102.112 Deadline for submission of county returns to the 587 Department of State.— 588 (2) Returns must be filed by 5 p.m. on the 7th day 589 following a primary election and by noon on the 12th day 590 following the general election. However, the Department of State 591 may correct typographical errors, including the transposition of 592 numbers, in any returns submitted to the Department of State 593 pursuant to s. 102.111(2)s.102.111(1). 594 Section 15. Effective upon this act becoming a law, 595 subsections (2) and (7) of section 102.141, Florida Statutes, 596 are amended to read: 597 102.141 County canvassing board; duties.— 598 (2) The county canvassing board shall meet in a building 599 accessible to the public in the county where the election 600 occurred at a time and place to be designated by the supervisor 601 of elections to publicly canvass the absentee electors’ ballots 602 as provided for in s. 101.68 and provisional ballots as provided 603 by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast 604 pursuant to s. 101.049 shall be canvassed in a manner that votes 605 for candidates and issues on those ballots can be segregated 606 from other votes. Public notice of the time and place at which 607 the county canvassing board shall meet to canvass the absentee 608 electors’ ballots and provisional ballots shall be given at 609 least 48 hours prior thereto by publication once in one or more 610 newspapers of general circulation in the county and on the 611 supervisor’s website or, if there is no newspaper of general 612 circulation in the county, by posting such notice in at least 613 four conspicuous places in the county. As soon as the absentee 614 electors’ ballots and the provisional ballots are canvassed, the 615 board shall proceed to publicly canvass the vote given each 616 candidate, nominee, constitutional amendment, or other measure 617 submitted to the electorate of the county, as shown by the 618 returns then on file in the office of the supervisor of 619 electionsand the office of the county court judge. 620 (7) If the unofficial returns reflect that a candidate for 621 any office was defeated or eliminated by one-half of a percent 622 or less of the votes cast for such office, that a candidate for 623 retention to a judicial office was retained or not retained by 624 one-half of a percent or less of the votes cast on the question 625 of retention, or that a measure appearing on the ballot was 626 approved or rejected by one-half of a percent or less of the 627 votes cast on such measure,the board responsible for certifying628the results of the vote on such race or measure shall ordera 629 recount shall be ordered of the votes cast with respect to such 630 office or measure. The Secretary of StateElections Canvassing631Commissionisthe boardresponsible for ordering recounts in 632 federal, state, and multicounty racesrecounts. The county 633 canvassing board or the local board responsible for certifying 634 the election is responsible for ordering recounts in all other 635 races. A recount need not be ordered with respect to the returns 636 for any office, however, if the candidate or candidates defeated 637 or eliminated from contention for such office by one-half of a 638 percent or less of the votes cast for such office request in 639 writing that a recount not be made. 640 (a) Each canvassing board responsible for conducting a 641 recount shall put each marksense ballot through automatic 642 tabulating equipment and determine whether the returns correctly 643 reflect the votes cast. If any marksense ballot is physically 644 damaged so that it cannot be properly counted by the automatic 645 tabulating equipment during the recount, a true duplicate shall 646 be made of the damaged ballot pursuant to the procedures in s. 647 101.5614(5). Immediately before the start of the recount, a test 648 of the tabulating equipment shall be conducted as provided in s. 649 101.5612. If the test indicates no error, the recount tabulation 650 of the ballots cast shall be presumed correct and such votes 651 shall be canvassed accordingly. If an error is detected, the 652 cause therefor shall be ascertained and corrected and the 653 recount repeated, as necessary. The canvassing board shall 654 immediately report the error, along with the cause of the error 655 and the corrective measures being taken, to the Department of 656 State. No later than 11 days after the election, the canvassing 657 board shall file a separate incident report with the Department 658 of State, detailing the resolution of the matter and identifying 659 any measures that will avoid a future recurrence of the error. 660 (b) Each canvassing board responsible for conducting a 661 recount where touchscreen ballots were used shall examine the 662 counters on the precinct tabulators to ensure that the total of 663 the returns on the precinct tabulators equals the overall 664 election return. If there is a discrepancy between the overall 665 election return and the counters of the precinct tabulators, the 666 counters of the precinct tabulators shall be presumed correct 667 and such votes shall be canvassed accordingly. 668 (c) The canvassing board shall submit on forms or in 669 formats provided by the division a second set of unofficial 670 returns to the Department of State for each federal, statewide, 671 state, or multicounty office or ballot measure. Such returns 672 shall be filed no later than 3 p.m. on the fifth day after any 673 primary election and no later than 3 p.m. on the ninth day after 674 any general election in which a recount was ordered by the 675 Secretary of Stateconducted pursuant to this subsection. If the 676 canvassing board is unable to complete the recount prescribed in 677 this subsection by the deadline, the second set of unofficial 678 returns submitted by the canvassing board shall be identical to 679 the initial unofficial returns and the submission shall also 680 include a detailed explanation of why it was unable to timely 681 complete the recount. However, the canvassing board shall 682 complete the recount prescribed in this subsection, along with 683 any manual recount prescribed in s. 102.166, and certify 684 election returns in accordance with the requirements of this 685 chapter. 686 (d) The Department of State shall adopt detailed rules 687 prescribing additional recount procedures for each certified 688 voting system, which shall be uniform to the extent practicable. 689 Section 16. Effective upon this act becoming a law, section 690 102.166, Florida Statutes, is amended to read: 691 102.166 Manual recounts of overvotes and undervotes.— 692 (1) If the second set of unofficial returns pursuant to s. 693 102.141 indicates that a candidate for any office was defeated 694 or eliminated by one-quarter of a percent or fewerlessof the 695 votes cast for such office, that a candidate for retention to a 696 judicial office was retained or not retained by one-quarter of a 697 percent or fewerlessof the votes cast on the question of 698 retention, or that a measure appearing on the ballot was 699 approved or rejected by one-quarter of a percent or fewerless700 of the votes cast on such measure,the board responsible for701certifying the results of the vote on such race or measure shall702ordera manual recount of the overvotes and undervotes cast in 703 the entire geographic jurisdiction of such office or ballot 704 measure shall be ordered unless: 705 (a) The candidate or candidates defeated or eliminated from 706 contention by one-quarter of a percent or fewer of the votes 707 cast for such office request in writing that a recount not be 708 made; or. A manual recount may not be ordered, however, if709 (b) The number of overvotes and,undervotes, and710provisional ballotsis fewer than the number of votes needed to 711 change the outcome of the election. 712 713 The Secretary of State is responsible for ordering a manual 714 recount for federal, state, and multicounty races. The county 715 canvassing board or local board responsible for certifying the 716 election is responsible for ordering a manual recount for all 717 other races. 718 (2)(a) Any hardware or software used to identify and sort 719 overvotes and undervotes for a given race or ballot measure must 720 be certified by the Department of State as part of the voting 721 system pursuant to s. 101.015. Any such hardware or software 722 must be capable of simultaneously counting votes. 723 (b) Overvotes and undervotes shall be identified and sorted 724 while recounting ballots pursuant to s. 102.141, if the hardware 725 or software for this purpose has been certified or the 726 department’s rules so provide. 727 (3) Any manual recount shall be open to the public. 728 (4)(a) A vote for a candidate or ballot measure shall be 729 counted if there is a clear indication on the ballot that the 730 voter has made a definite choice. 731 (b) The Department of State shall adopt specific rules for 732 each certified voting system prescribing what constitutes a 733 “clear indication on the ballot that the voter has made a 734 definite choice.” The rules may not: 735 1. Exclusively provide that the voter must properly mark or 736 designate his or her choice on the ballot; or 737 2. Contain a catch-all provision that fails to identify 738 specific standards, such as “any other mark or indication 739 clearly indicating that the voter has made a definite choice.” 740 (5) Procedures for a manual recount are as follows: 741 (a) The county canvassing board shall appoint as many 742 counting teams of at least two electors as is necessary to 743 manually recount the ballots. A counting team must have, when 744 possible, members of at least two political parties. A candidate 745 involved in the race shall not be a member of the counting team. 746 (b) Each duplicate ballot prepared pursuant to s. 747 101.5614(5) or s. 102.141(7) shall be compared with the original 748 ballot to ensure the correctness of the duplicate. 749 (c) If a counting team is unable to determine whether the 750 ballot contains a clear indication that the voter has made a 751 definite choice, the ballot shall be presented to the county 752 canvassing board for a determination. 753 (d) The Department of State shall adopt detailed rules 754 prescribing additional recount procedures for each certified 755 voting system which shall be uniform to the extent practicable. 756 The rules shall address, at a minimum, the following areas: 757 1. Security of ballots during the recount process; 758 2. Time and place of recounts; 759 3. Public observance of recounts; 760 4. Objections to ballot determinations; 761 5. Record of recount proceedings; and 762 6. Procedures relating to candidate and petitioner 763 representatives. 764 Section 17. Subsections (4) and (7) of section 106.03, 765 Florida Statutes, are amended to read: 766 106.03 Registration of political committees.— 767 (4) Any change in information previously submittedin a768statement of organization shall be reportedto the agency or 769 officer with whom such political committee is registered shall 770 be reportedrequired to register pursuant to subsection (3),771 within 10 days following the change. 772 (7) The Division of Elections shall adoptpromulgaterules 773 to prescribe the manner in whichinactivecommittees that fail 774 to file a report or information required pursuant to this 775 chapter or that fail to meet the criteria prescribed in s. 776 106.011 may be dissolved and have their registration canceled. 777 Such rules shall, at a minimum, provide for: 778 (a) Notice which shall contain the facts and conduct which 779 warrant the intended action, including but not limited to 780 failure to file reports and limited activity. 781 (b) Adequate opportunity to respond. 782 (c) Appeal of the decision to the Florida Elections 783 Commission. Such appeals shall be exempt from the 784 confidentiality provisions of s. 106.25. 785 Section 18. Subsection (4) of section 106.04, Florida 786 Statutes, is amended, present subsections (7) and (8) of that 787 section are renumbered as subsections (8) and (9), respectively, 788 and amended, and a new subsection (7) is added to that section, 789 to read: 790 106.04 Committees of continuous existence.— 791 (4)(a) Each committee of continuous existence shall file an 792 annual report with the Division of Elections during the month of 793 January. Such annual reports shall contain the same information 794 and shall be accompanied by the same materials as original 795 applications filed pursuant to subsection (2). However, the 796 charter or bylaws need not be filed if the annual report is 797 accompanied by a sworn statement by the chair that no changes 798 have been made to such charter or bylaws since the last filing. 799 (b)1. Each committee of continuous existence shall file 800 regular reports with the Division of Elections pursuant to s. 801 106.0705 at the same times and subject to the same filing 802 conditions as are established by s. 106.07(1) and (2) for 803 candidates’ reports. In addition, when a special election is 804 called to fill a vacancy in office, all committees of continuous 805 existence making contributions or expenditures to influence the 806 results of the special election or the preceding special primary 807 election must file campaign treasurers’ reports with the filing 808 officer on the dates set by the Department of State pursuant to 809 s. 100.111. 810 2. A committee of continuous existence that makes a 811 contribution or an expenditure in connection with a county or 812 municipal election that is not being held at the same time as a 813 state or federal election must also file campaign finance 814 reports with the county or municipal filing officer on the same 815 dates as county or municipal candidates or committees for that 816 election. The committee of continuous existence must include the 817 contribution or expenditure in the next report filed with the 818 Division of Elections pursuant to this section following the 819 county or municipal election. 820 3.2.Any committee of continuous existence failing to so 821 file a report with the Division of Elections or applicable 822 filing officer pursuant to this paragraph on the designated due 823 date shall be subject to a fine for late filing as provided by 824 this section. 825 (c)All committees of continuous existence shall file their826reports with the Division of Elections.Reports filed pursuant 827 to paragraph (b) mustshall be filed in accordance with s.828106.0705and shallcontain the following information: 829 1. The full name, address, and occupation of each person 830 who has made one or more contributions, including contributions 831 that represent the payment of membership dues, to the committee 832 during the reporting period, together with the amounts and dates 833 of such contributions. For corporations, the report must provide 834 as clear a description as practicable of the principal type of 835 business conducted by the corporation. However, if the 836 contribution is $100 or less, the occupation of the contributor 837 or principal type of business need not be listed. However, for 838 any contributions that represent the payment of dues by members 839 in a fixed amount aggregating no more than $250 per calendar 840 year, pursuant to the schedule on file with the Division of 841 Elections, only the aggregate amount of such contributions need 842 be listed, together with the number of members paying such dues 843 and the amount of the membership dues. 844 2. The name and address of each political committee or 845 committee of continuous existence from which the reporting 846 committee received, or the name and address of each political 847 committee, committee of continuous existence, or political party 848 to which it made, any transfer of funds, together with the 849 amounts and dates of all transfers. 850 3. Any other receipt of funds not listed pursuant to 851 subparagraph 1. or subparagraph 2., including the sources and 852 amounts of all such funds. 853 4. The name and address of, and office sought by, each 854 candidate to whom the committee has made a contribution during 855 the reporting period, together with the amount and date of each 856 contribution. 857 5. The full name and address of each person to whom 858 expenditures have been made by or on behalf of the committee 859 within the reporting period; the amount, date, and purpose of 860 each such expenditure; and the name and address, and office 861 sought by, each candidate on whose behalf such expenditure was 862 made. 863 6. The full name and address of each person to whom an 864 expenditure for personal services, salary, or reimbursement for 865 authorized expenses has been made, including the full name and 866 address of each entity to whom the person made payment for which 867 reimbursement was made by check drawn upon the committee 868 account, together with the amount and purpose of such payment. 869 7. Transaction information from each credit card purchase 870statement that will be included in the next report following871receipt thereof by the committee. Receipts for each credit card 872 purchase shall be retained by the treasurer with the records for 873 the committee account. 874 8. The total sum of expenditures made by the committee 875 during the reporting period. 876 (d) The treasurer of each committee shall certify as to the 877 correctness of each report and shall bear the responsibility for 878 its accuracy and veracity. Any treasurer who willfully certifies 879 to the correctness of a report while knowing that such report is 880 incorrect, false, or incomplete commits a misdemeanor of the 881 first degree, punishable as provided in s. 775.082 or s. 882 775.083. 883 (7) Any change in information previously submitted to the 884 division must be reported within 10 days following the change. 885 (8)(7)If a committee of continuous existence ceases to 886 meet the criteria prescribed by subsection (1) or fails to file 887 a report or information required pursuant to this chapter, the 888 Division of Elections shall revoke its certificationuntil such889time as the criteria are again met. The Division of Elections 890 shall adoptpromulgaterules to prescribe the manner in which 891 thesuchcertification of a committee of continuous existence 892 shall be revoked. Such rules shall, at a minimum, provide for: 893 (a) Notice, which mustshallcontain the facts and conduct 894 that warrant the intended action. 895 (b) Adequate opportunity to respond. 896 (c) Appeal of the decision to the Florida Elections 897 Commission. Such appeals areshall beexempt from the 898 confidentiality provisions of s. 106.25. 899 (9)(8)(a) Any committee of continuous existence failing to 900 file a report on the designated due date isshall besubject to 901 a fine. The fine shall be $50 per day for the first 3 days late 902 and, thereafter, $500 per day for each late day, not to exceed 903 25 percent of the total receipts or expenditures, whichever is 904 greater, for the period covered by the late report. However, for 905 the reports immediately preceding each primary and general 906 election, including a special primary election and a special 907 general election, the fine shall be $500 per day for each late 908 day, not to exceed 25 percent of the total receipts or 909 expenditures, whichever is greater, for the period covered by 910 the late report. The fine shall be assessed by the filing 911 officer, and the moneys collected shall be deposited: 912 1. In the General Revenue Fund, in the case of fines 913 collected by the Division of Elections. 914 2. In the general revenue fund of the political 915 subdivision, in the case of fines collected by a county or 916 municipal filing officer.No separate fine shall be assessed for917failure to file a copy of any report required by this section.918 (b) Upon determining that a report is late, the filing 919 officer shall immediately notify the treasurer of the committee 920 or the committee’s registered agent as to the failure to file a 921 report by the designated due date and that a fine is being 922 assessed for each late day. Upon receipt of the report, the 923 filing officer shall determine the amount of fine which is due 924 and shall notify the treasurer of the committee. Notice is 925 deemed sufficient upon proof of delivery of written notice to 926 the mailing or street address on record with the filing officer. 927 The filing officer shall determine the amount of the fine due 928 based upon the earliest of the following: 929 1. When the report is actually received by such officer. 930 2. When the report is postmarked. 931 3. When the certificate of mailing is dated. 932 4. When the receipt from an established courier company is 933 dated. 934 935 Such fine shall be paid to the filing officer within 20 days 936 after receipt of the notice of payment due, unless appeal is 937 made to the Florida Elections Commission pursuant to paragraph 938 (c). An officer or member of a committee isshallnotbe939 personally liable for such fine. 940 (c) Any treasurer of a committee may appeal or dispute the 941 fine, based upon unusual circumstances surrounding the failure 942 to file on the designated due date, and may request and isshall943beentitled to a hearing before the Florida Elections 944 Commission, which mayshall have the authority towaive the fine 945 in whole or in part. Any such request mustshallbe made within 946 20 days after receipt of the notice of payment due.In such947case, the treasurer ofThe committee shall file a copy of the 948 appeal with, within the 20-day period, notifythe filing officer 949in writing of his or her intention to bring the matter before950the commission. 951 (d) The filing officer shall notify the Florida Elections 952 Commission of the repeated late filing by a committee of 953 continuous existence, the failure of a committee of continuous 954 existence to file a report after notice, or the failure to pay 955 the fine imposed. 956 Section 19. Paragraph (b) of subsection (2), subsections 957 (3) and (4), and paragraph (b) of subsection (8) of section 958 106.07, Florida Statutes, are amended to read: 959 106.07 Reports; certification and filing.— 960 (2) 961 (b)1. Any report which is deemed to be incomplete by the 962 officer with whom the candidate qualifies shall be accepted on a 963 conditional basis., andThe campaign treasurer shall be notified 964 by certifiedregisteredmail, or other common carrier that can 965 provide proof-of-delivery service for the notice, as to why the 966 report is incomplete, and within 7be given 3days afterfrom967 receipt of such notice, musttofile an addendum to the report 968 providing all information necessary to complete the report in 969 compliance with this section. Failure to file a complete report 970 after such notice constitutes a violation of this chapter. 971 2. Notice is deemed sufficient upon proof of delivery of 972 written notice to the mailing or street address of the campaign 973 treasurer or registered agent on record with the filing officer. 974In lieu of the notice by registered mail as required in975subparagraph 1., the qualifying officer may notify the campaign976treasurer by telephone that the report is incomplete and request977the information necessary to complete the report. If, however,978such information is not received by the qualifying officer979within 3 days after the telephone request therefor, notice shall980be sent by registered mail as provided in subparagraph 1.981 (3)(a) Reports required of a political committee shall be 982 filed with the agency or officer before whom such committee 983 registers pursuant to s. 106.03(3) and shall be subject to the 984 same filing conditions as established for candidates’ reports. 985 Incomplete reports by political committees shall be treated in 986 the manner provided for incomplete reports by candidates in 987 subsection (2). 988 (b) In addition to the reports required by paragraph (a), a 989 political committee that is registered with the Department of 990 State and that makes a contribution or expenditure in connection 991 with a county or municipal election that is not being held at 992 the same time as a state or federal election must file campaign 993 finance reports with the county or municipal filing officer on 994 the same dates as county or municipal candidates or committees 995 for that election. The political committee must also include 996 such contribution or expenditure in the next report filed with 997 the Division of Elections pursuant to this section following the 998 county or municipal election. 999 (4)(a) Each report required by this section mustshall1000 contain: 1001 1. The full name, address, and occupation, if any of each 1002 person who has made one or more contributions to or for such 1003 committee or candidate within the reporting period, together 1004 with the amount and date of such contributions. For 1005 corporations, the report must provide as clear a description as 1006 practicable of the principal type of business conducted by the 1007 corporation. However, if the contribution is $100 or less or is 1008 from a relative, as defined in s. 112.312, provided that the 1009 relationship is reported, the occupation of the contributor or 1010 the principal type of business need not be listed. 1011 2. The name and address of each political committee from 1012 which the reporting committee or the candidate received, or to 1013 which the reporting committee or candidate made, any transfer of 1014 funds, together with the amounts and dates of all transfers. 1015 3. Each loan for campaign purposes to or from any person or 1016 political committee within the reporting period, together with 1017 the full names, addresses, and occupations, and principal places 1018 of business, if any, of the lender and endorsers, if any, and 1019 the date and amount of such loans. 1020 4. A statement of each contribution, rebate, refund, or 1021 other receipt not otherwise listed under subparagraphs 1. 1022 through 3. 1023 5. The total sums of all loans, in-kind contributions, and 1024 other receipts by or for such committee or candidate during the 1025 reporting period. The reporting forms shall be designed to 1026 elicit separate totals for in-kind contributions, loans, and 1027 other receipts. 1028 6. The full name and address of each person to whom 1029 expenditures have been made by or on behalf of the committee or 1030 candidate within the reporting period; the amount, date, and 1031 purpose of each such expenditure; and the name and address of, 1032 and office sought by, each candidate on whose behalf such 1033 expenditure was made. However, expenditures made from the petty 1034 cash fund provided by s. 106.12 need not be reported 1035 individually. 1036 7. The full name and address of each person to whom an 1037 expenditure for personal services, salary, or reimbursement for 1038 authorized expenses as provided in s. 106.021(3) has been made 1039 and which is not otherwise reported, including the amount, date, 1040 and purpose of such expenditure. However, expenditures made from 1041 the petty cash fund provided for in s. 106.12 need not be 1042 reported individually. 1043 8. The total amount withdrawn and the total amount spent 1044 for petty cash purposes pursuant to this chapter during the 1045 reporting period. 1046 9. The total sum of expenditures made by such committee or 1047 candidate during the reporting period. 1048 10. The amount and nature of debts and obligations owed by 1049 or to the committee or candidate, which relate to the conduct of 1050 any political campaign. 1051 11. Transaction information for each credit card purchase. 1052A copy of each credit card statement which shall be included in1053the next report following receipt thereof by the candidate or1054political committee.Receipts for each credit card purchase 1055 shall be retained by the treasurer with the records for the 1056 campaign account. 1057 12. The amount and nature of any separate interest-bearing 1058 accounts or certificates of deposit and identification of the 1059 financial institution in which such accounts or certificates of 1060 deposit are located. 1061 13. The primary purposes of an expenditure made indirectly 1062 through a campaign treasurer pursuant to s. 106.021(3) for goods 1063 and services such as communications media placement or 1064 procurement services, campaign signs, insurance, and other 1065 expenditures that include multiple components as part of the 1066 expenditure. The primary purpose of an expenditure shall be that 1067 purpose, including integral and directly related components, 1068 that comprises 80 percent of such expenditure. 1069 (8) 1070 (b) Upon determining that a report is late, the filing 1071 officer shall immediately notify the candidate or chair of the 1072 political committee as to the failure to file a report by the 1073 designated due date and that a fine is being assessed for each 1074 late day. The fine shall be $50 per day for the first 3 days 1075 late and, thereafter, $500 per day for each late day, not to 1076 exceed 25 percent of the total receipts or expenditures, 1077 whichever is greater, for the period covered by the late report. 1078 However, for the reports immediately preceding each primary and 1079 general election, the fine shall be $500 per day for each late 1080 day, not to exceed 25 percent of the total receipts or 1081 expenditures, whichever is greater, for the period covered by 1082 the late report. For reports required under s. 106.141(7), the 1083 fine is $50 per day for each late day, not to exceed 25 percent 1084 of the total receipts or expenditures, whichever is greater, for 1085 the period covered by the late report. Upon receipt of the 1086 report, the filing officer shall determine the amount of the 1087 fine which is due and shall notify the candidate,orchair, or 1088 registered agent of the political committee. The filing officer 1089 shall determine the amount of the fine due based upon the 1090 earliest of the following: 1091 1. When the report is actually received by such officer. 1092 2. When the report is postmarked. 1093 3. When the certificate of mailing is dated. 1094 4. When the receipt from an established courier company is 1095 dated. 1096 5. When the electronic receipt issued pursuant to s. 1097 106.0705 or other electronic filing system authorized in this 1098 section is dated. 1099 1100 Such fine shall be paid to the filing officer within 20 days 1101 after receipt of the notice of payment due, unless appeal is 1102 made to the Florida Elections Commission pursuant to paragraph 1103 (c). Notice is deemed sufficient upon proof of delivery of 1104 written notice to the mailing or street address on record with 1105 the filing officer. In the case of a candidate, such fine shall 1106 not be an allowable campaign expenditure and shall be paid only 1107 from personal funds of the candidate. An officer or member of a 1108 political committee shall not be personally liable for such 1109 fine. 1110 Section 20. Subsection (3) of section 106.0705, Florida 1111 Statutes, is amended to read: 1112 106.0705 Electronic filing of campaign treasurer’s 1113 reports.— 1114 (3) Reports filed pursuant to this section shall be 1115 completed and filed through the electronic filing system not 1116 later than midnight of the day designated. Reports not filed by 1117 midnight of the day designated are late filed and are subject to 1118 the penalties under s. 106.04(9)s.106.04(8), s. 106.07(8), or 1119 s. 106.29(3), as applicable. 1120 Section 21. Subsection (6) is added to section 106.11, 1121 Florida Statutes, to read: 1122 106.11 Expenses of and expenditures by candidates and 1123 political committees.—Each candidate and each political 1124 committee which designates a primary campaign depository 1125 pursuant to s. 106.021(1) shall make expenditures from funds on 1126 deposit in such primary campaign depository only in the 1127 following manner, with the exception of expenditures made from 1128 petty cash funds provided by s. 106.12: 1129 (6) A candidate who made a loan to his or her campaign and 1130 reported the loan as required by s. 106.07 may be reimbursed for 1131 the loan at any time the campaign account has sufficient funds 1132 to repay the loan and satisfy its other obligations. 1133 Section 22. Subsections (1) and (2) of section 106.143, 1134 Florida Statutes, are amended to read: 1135 106.143 Political advertisements circulated prior to 1136 election; requirements.— 1137 (1)(a) Any political advertisement that is paid for by a 1138 candidate and that is published, displayed, or circulated prior 1139 to, or on the day of, any election must prominently state: 1140 “Political advertisement paid for and approved by ...(name of 1141 candidate)..., ...(party affiliation)..., for...(office 1142 sought),” or “Pol. adv. pd. for and approved by (name of 1143 candidate), (party affiliation), for (office sought)....” 1144 Candidates seeking nonpartisan office shall omit the reference 1145 to party affiliation in all disclaimers. 1146 (b) Any other political advertisement published, displayed, 1147 or circulated prior to, or on the day of, any election must 1148 prominently: 1149 1. Be marked “paid political advertisement” or with the 1150 abbreviation “pd. pol. adv.” 1151 2. State the name and address of the persons sponsoring the 1152 advertisement. 1153 3.a.(I) State whether the advertisement and the cost of 1154 production is paid for or provided in kind by or at the expense 1155 of the entity publishing, displaying, broadcasting, or 1156 circulating the political advertisement; or 1157 (II) State who provided or paid for the advertisement and 1158 cost of production, if different from the source of sponsorship. 1159 b. This subparagraph does not apply if the source of the 1160 sponsorship is patently clear from the content or format of the 1161 political advertisement. 1162 (c) Any political advertisement made pursuant to s. 1163 106.021(3)(d) must be marked “paid political advertisement” or 1164 with the abbreviation “pd. pol. adv.” and must prominently 1165 state, “Paid for and sponsored by ... (name of person paying for 1166 political advertisement).... Approved by ...(names of persons, 1167 party affiliation, and offices sought in the political 1168 advertisement)....” 1169 1170 This subsection does not apply to campaign messages used by a 1171 candidate and the candidate’s supporters if those messages are 1172 designed to be worn by a person. 1173 (2) Any political advertisement of a candidate running for 1174 partisan office shall express the name of the political party of 1175 which the candidate is seeking nomination or is the nominee. If 1176 the candidate for partisan office is running as a candidate with 1177 no party affiliation, any political advertisement of the 1178 candidate must state that the candidate has no party 1179 affiliation. A candidate who is running for a nonpartisan office 1180 must exclude the candidate’s political party affiliation from 1181 any political advertisement. 1182 Section 23. Paragraph (b) of subsection (3) of section 1183 106.29, Florida Statutes, is amended to read: 1184 106.29 Reports by political parties; restrictions on 1185 contributions and expenditures; penalties.— 1186 (3) 1187 (b) Upon determining that a report is late, the filing 1188 officer shall immediately notify the chair of the executive 1189 committee as to the failure to file a report by the designated 1190 due date and that a fine is being assessed for each late day. 1191 The fine shall be $1,000 for a state executive committee, and 1192 $50 for a county executive committee, per day for each late day, 1193 not to exceed 25 percent of the total receipts or expenditures, 1194 whichever is greater, for the period covered by the late report. 1195 However, if an executive committee fails to file a report on the 1196 Friday immediately preceding the general election, the fine 1197 shall be $10,000 per day for each day a state executive 1198 committee is late and $500 per day for each day a county 1199 executive committee is late. Upon receipt of the report, the 1200 filing officer shall determine the amount of the fine which is 1201 due and shall notify the chair. Notice is deemed sufficient upon 1202 proof of delivery of written notice to the mailing or street 1203 address on record with the filing officer. The filing officer 1204 shall determine the amount of the fine due based upon the 1205 earliest of the following: 1206 1. When the report is actually received by such officer. 1207 2. When the report is postmarked. 1208 3. When the certificate of mailing is dated. 1209 4. When the receipt from an established courier company is 1210 dated. 1211 5. When the electronic receipt issued pursuant to s. 1212 106.0705 is dated. 1213 1214 Such fine shall be paid to the filing officer within 20 days 1215 after receipt of the notice of payment due, unless appeal is 1216 made to the Florida Elections Commission pursuant to paragraph 1217 (c). An officer or member of an executive committee shall not be 1218 personally liable for such fine. 1219 Section 24. Effective upon this act becoming a law, 1220 subsection (11) of section 379.352, Florida Statutes, is amended 1221 to read: 1222 379.352 Recreational licenses, permits, and authorization 1223 numbers to take wild animal life, freshwater aquatic life, and 1224 marine life; issuance; costs; reporting.— 1225 (11) When acting in its official capacity pursuant to this 1226 section, neither the commission nor a subagent is deemed a 1227 third-party registration organization, as defined in s. 1228 97.021(36), or a voter registration agency, as defined in s. 1229 97.021(40), and is not authorized to solicit, accept, or collect 1230 voter registration applications or provide voter registration 1231 services. 1232 Section 25. Except as otherwise explicitly provided in this 1233 act and except for this section, which shall take effect upon 1234 this act becoming a law, this act shall take effect January 1, 1235 2011.