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.; revising the definition
6	of "minor political party"; amending s. 97.025, F.S.;
7	revising methods of publication and distribution of the
8	Florida Election Code pamphlet to candidates qualifying
9	with the Department of State; amending s. 97.0575, F.S.;
10	requiring that third-party voter registration
11	organizations register with the Division of Elections and
12	provide the division with certain information; requiring
13	that the division or a supervisor of elections make voter
14	registration forms available to third-party voter
15	registration organizations; requiring that such forms
16	contain certain information; requiring that the division
17	maintain a database of certain information; requiring
18	supervisors of elections to provide specified information
19	to the division in a format and at times required by the
20	division; requiring that such information be updated and
21	made public daily at a specified time; requiring third-
22	party voter registration organizations to deliver
23	collected voter registration applications within a
24	specified period; revising penalty provisions to conform;
25	specifying grounds for an affirmative defense to a
26	violation of timely submission requirements; providing for
27	the referral of violations to the Attorney General;
28	authorizing the Attorney General to initiate a civil
29	action; providing that an action for relief may include a
30	permanent or temporary injunction, a restraining order, or
31	any other appropriate order; requiring that the division
32	adopt rules for specified purposes; providing for
33	retroactive effectiveness; amending s. 97.071, F.S.;
34	requiring that voter information cards contain the address
35	of the polling place of the registered voter; requiring a
36	supervisor of elections to issue a new voter information
37	card to a voter upon a change in a voter's address of
38	legal residence or a change in a voter's polling place
39	address; amending s. 97.073, F.S.; requiring a supervisor
40	to notify an applicant within 5 business days regarding
41	disposition of the voter registration applications;
42	amending s. 97.1031, F.S.; requiring an elector to notify
43	the supervisor of elections when he or she changes his or
44	her residence address; providing a voter with various
45	options for providing address updates; revising notice
46	requirements for any change in party affiliation; amending
47	s. 98.075, F.S.; requiring a supervisor of elections to
48	remove a registered voter from the statewide voter
49	registration system upon certain notice; providing bases
50	for ineligibility; amending 98.093, F.S.; requiring the
51	Florida Parole Commission and the Department of
52	Corrections to provide specified data for the updating of
53	the statewide voter registration system regarding
54	convicted felons; amending s. 98.0981, F.S.; providing
55	timeframes and formats for voting history information to
56	be sent by the supervisors of elections to the department;
57	providing timeframes and formats for voting history
58	information to be sent by the department to the President
59	of the Senate, the Speaker of the House of
60	Representatives, and the respective minority leaders;
61	requiring submission of precinct-level information in a
62	certain format by a time certain; amending s. 99.012,
63	F.S., relating to restrictions on individuals qualifying
64	for public office; providing that if a final court order
65	determines that a person did not comply with specific
66	provisions of the section the person is not qualified as a
67	candidate and his or her name may not appear on ballot;
68	providing for nonapplicability to presidential and vice
69	presidential candidates; amending s. 99.021, F.S.;
70	revising the candidate oath requirement for a person
71	seeking to qualify for nomination or election or as a
72	candidate of a political party; removing requirement for
73	qualifying officer to give printed copy of candidate oath;
74	removing requirement for taking public employee oath;
75	providing exceptions for certain candidates taking other
76	oaths; amending s. 99.061, F.S.; revising timeframe for
77	candidate to pay qualifying fee under certain
78	circumstances; requiring checks to be payable as
79	prescribed by filing officer; requiring notarized
80	signature on certain oaths; removing requirement for
81	public employee oath; requiring filing of a notarized
82	financial disclosure; clarifying time for qualifying
83	papers to be received; providing that qualifying officer
84	performs ministerial duty only; exempting qualifying
85	officer decision from Administrative Procedures Act;
86	amending s. 99.063, F.S.; removing the requirement that a
87	candidate swear a public employee loyalty oath; amending
88	s. 99.093, F.S.; remitting assessments directly to the
89	Florida Elections Commissions rather than passing through
90	the department; amending s. 99.095, F.S.; allowing certain
91	individuals seeking county or district office in a year of
92	apportionment to obtain signatures countywide; amending s.
93	99.097, F.S.; clarifying that the supervisor of elections
94	checks more than signatures on petition forms; clarifying
95	rulemaking authority of the department relating to
96	petitions; prohibiting certain random sampling method of
97	petition verification for constitutional amendments
98	petitions; providing for invalidity of undue burden oaths
99	under specified circumstances; providing for certain funds
100	to be used to reimburse a supervisor of elections for
101	signature verification fees not previously paid when an
102	undue burden oath is held invalid; amending s. 100.061,
103	F.S.; revising the primary election date; amending s.
104	100.111, F.S.; providing notification requirements and
105	procedures for filling a vacancy in nomination for certain
106	offices; deleting the definition of the term "district
107	political party executive committee"; providing that a
108	vacancy in nomination is not created if an order of a
109	court that has become final determines the nominee did not
110	properly qualify or does not meet the necessary
111	qualifications to hold the office sought; amending s.
112	100.371, F.S.; providing that signatures on an initiative
113	petition are valid for 2 years instead of 4 years;
114	requiring that a petition signer must be a registered
115	elector at time of signing for a supervisor to verify his
116	or her signature as valid; requiring the supervisor of
117	elections to notify petition sponsor of misfiled petition
118	under certain circumstances; deleting certain petition
119	revocation provisions; amending s. 101.001, F.S.;
120	requiring the supervisors of elections to provide the
121	department with precinct data including specified
122	information; requiring the department to maintain a
123	searchable database containing certain precinct and census
124	block information; requiring supervisors of elections to
125	notify the department of precinct changes within a
126	specified time; deleting a waiver; amending s. 101.043,
127	F.S.; providing that the address appearing on the photo
128	identification used at polls cannot be used to confirm or
129	challenge an elector's legal residence for address
130	verification; amending s. 101.045, F.S.; permitting a
131	change of residence at the polling place for a person
132	changing residence within a county; providing that a
133	person whose change of address is from outside the county
134	may not change his or her legal residence at the polling
135	place or vote a regular ballot but may vote a provisional
136	ballot; amending s. 101.131, F.S.; revising procedures for
137	the designation of poll watchers; requiring that the
138	division prescribe a form for the designation of poll
139	watchers; providing conditions under which poll watchers
140	are authorized to enter polling areas and watch polls;
141	requiring that a supervisor of elections provide
142	identification to poll watchers by a specified period
143	before early voting begins; requiring that poll watchers
144	display such identification while in a polling place;
145	amending s. 101.151, F.S.; providing changes in ballot
146	appearance; reducing length and appearance of ballot and
147	redundancy; expanding use of ballot on demand technology;
148	amending s. 101.5605, F.S.; clarifying that testing of
149	voting equipment be done in accordance with state-adopted
150	voting system standards; amending s. 101.5606, F.S.;
151	removing references to obsolete forms of voting; amending
152	s. 101.56075, F.S.; providing that all voting systems
153	utilized after a certain time shall permit placement on
154	the ballot of the full text of a constitutional amendment;
155	amending s. 101.5612, F.S.; revising the number or
156	percentage of systems that must be tested; amending s.
157	101.5614, F.S.; conforming law to current technological
158	practices in canvassing of certain returns; amending s.
159	101.591, F.S.; providing that a manual recount is not
160	required under certain circumstances; amending s. 101.62,
161	F.S.; extending absentee ballot request through the end of
162	the calendar year of the next two regularly scheduled
163	general elections; providing timeframes for absentee
164	ballots to be sent to voters voting an absentee ballot;
165	clarifying provisions relating to military and overseas
166	voters; requiring the supervisors of elections to update
167	absentee ballot information and make available by a time
168	certain; revising reasons for voting absentee; amending s.
169	101.65, F.S.; expanding absentee ballot instructions to
170	notify a voter that signatures on ballot and on record
171	must match; informing voter when signature must be
172	updated; amending s. 101.68, F.S.; allowing the county
173	canvassing boards to begin canvassing of absentee ballots
174	at a time certain; amending s. 101.6923, F.S.; expanding
175	special absentee ballot instructions for certain first-
176	time voters to notify voters that signatures on the ballot
177	and on record must match; informing voter when signature
178	must be updated; amending s. 101.75, F.S.; eliminating
179	state mandate for a municipal election to have a 14-day
180	candidate qualifying period when it moves its election to
181	coincide with state or county election; amending s.
182	102.031, F.S.; prohibiting solicitation of voters who are
183	entering or in line to enter any polling place, polling
184	room, or early voting site; requiring the posting of a
185	sign; expanding the definitions of the terms "solicit" and
186	"solicitation"; amending s. 102.141, F.S.; requiring the
187	canvassing board to report all early voting and all
188	tabulated absentee results to the department by a time
189	certain; requiring periodic updates; amending s. 102.168,
190	F.S.; clarifying when canvassing boards are an
191	indispensable party to an election contest; clarifying
192	evidence a circuit court may consider in certain election
193	contests; providing a standard of review; amending s.
194	103.021; F.S.; revising the definition of the term
195	"national party"; revising requirements for a minor
196	political party to have candidates for President and Vice
197	President placed on the general election ballot; creating
198	s. 103.095, F.S.; providing a procedure for the
199	registration of a minor political party; requiring the
200	Division of Elections to adopt rules to prescribe the
201	manner in which political parties may have their filings
202	canceled; amending s. 103.101, F.S.; creating a
203	Presidential Preference Primary Date Selection Committee;
204	providing membership; requiring for the committee to meet
205	by a date certain and to set a date for the presidential
206	preference primary; amending s. 103.141, F.S.; deleting
207	language providing for the removal of certain county
208	executive committee members pursuant to a separate
209	provision of law; amending s. 104.29, F.S.; clarifying
210	when it is an offense for an inspector or other election
211	official to deny a person the opportunity to observe
212	whether ballots are being correctly reconciled; amending
213	s. 106.011, F.S.; revising the definitions of "candidate",
214	"contribution," and "expenditure" to exclude funds
215	received or spent for certain potential candidate polls;
216	clarifying and conforming the definition of "independent
217	expenditure" to the candidate's specific qualifying
218	period; clarifying the qualifying period for the
219	candidate; correcting a cross-reference; creating s.
220	106.012, F.S.; providing that funds spent or received are
221	not contributions or expenditures if used solely for
222	determining candidate viability; providing examples of
223	permissible activities; providing for retention of
224	records; providing that funds become contributions and
225	expenditures upon the candidacy of a person; requiring
226	reporting of funds regardless of date received or spent;
227	providing examples of ineligible activities for fund use;
228	delineating activities indicating intention to become a
229	candidate; limiting the amount of funds that may be
230	received; amending s. 106.021, F.S.; deleting a
231	requirement that certain information be included in
232	campaign reports for reimbursement; amending s. 106.022,
233	F.S.; requiring a political committee, committee of
234	continuous existence, or electioneering communications
235	organization to file a statement of appointment with the
236	filing officer rather than with the division; authorizing
237	an entity to change its appointment of registered agent or
238	registered office by filing a written statement with the
239	filing officer; requiring a registered agent who resigns
240	to execute a written statement of resignation and file it
241	with the filing officer; amending s. 106.023, F.S.;
242	revising the form of the statement of a candidate to
243	require a candidate to acknowledge that he or she has been
244	provided access to and understands the requirements of ch.
245	106, F.S.; amending s. 106.025, F.S.; exempting tickets or
246	advertising for a campaign fundraiser from requirements of
247	s. 106.143, F.S.; amending s. 106.03, F.S.; providing when
248	a political committee must file a statement of
249	organization; providing when a group must register as an
250	electioneering communications organization; amending s.
251	106.04, F.S.; requiring a committee of continuous
252	existence that makes a contribution or expenditure in
253	connection with certain county or municipal elections to
254	file specified reports; subjecting a committee of
255	continuous existence that fails to file a report or to
256	timely file a report with the division or a county or
257	municipal filing officer to a fine; requiring a committee
258	of continuous existence to include transaction information
259	from credit card purchases in a report filed with the
260	division; requiring a committee of continuous existence to
261	report changes in information previously reported to the
262	division within 10 days after the change; requiring the
263	division to revoke the certification of a committee of
264	continuous existence under certain circumstances;
265	requiring the division to adopt rules to prescribe the
266	manner in which the certification is revoked; increasing
267	the amount of a fine to be levied on a committee of
268	continuous existence that fails to timely file certain
269	reports; providing for the deposit of the proceeds of the
270	fines; including the registered agent of a committee of
271	continuous existence as an alternate person whom the
272	filing officer shall notify that a report has not been
273	filed; providing criteria for deeming delivery of a notice
274	of fine complete; requiring a committee of continuous
275	existence that appeals a fine to file a copy of the appeal
276	with the commission; amending s. 106.07, F.S.; correcting
277	a cross-reference; revising the dates that certain
278	contribution and expenditure reports must be filed;
279	revising reporting requirements for a statewide candidate
280	who receives funding under the Florida Election Campaign
281	Financing Act and candidates in a race with a candidate
282	who has requested funding under that act; deleting a
283	requirement for a committee of continuous existence to
284	file a campaign treasurer's report relating to
285	contributions or expenditures to influence the results of
286	a special election; revising the methods by which a
287	campaign treasurer may be notified of the determination
288	that a report is incomplete to include certified mail and
289	other methods using a common carrier that provides proof
290	of delivery of the notice; extending the time the campaign
291	treasurer has to file an addendum to the report after
292	receipt of notice of why the report is incomplete;
293	providing criteria for deeming delivery complete of a
294	notice of incomplete report; deleting a provision allowing
295	for notification by telephone of an incomplete report;
296	requiring political committees that make a contribution or
297	expenditure in connection with certain county or municipal
298	elections to file campaign finance reports with the county
299	or municipal filing officer and to include its
300	contributions and expenditures in a report to the
301	division; revising the information that must be included
302	in a report to include transaction information for credit
303	card purchases; deleting a requirement that a campaign
304	depository to return checks drawn on the account to the
305	campaign treasurer; specifying the amount of a fine for
306	the failure to timely file reports after a special primary
307	election or special election; specifying that the
308	registered agent of a political committee is a person whom
309	a filing officer may notify of the amount of the fine for
310	filing a late report; providing criteria for deeming
311	delivery of a notice of late report and resulting fine
312	complete; amending s. 106.0703, F.S.; correcting a cross-
313	reference; deleting a requirement for an electioneering
314	communications organization to provide certain information
315	to the department on activities occurring since the last
316	general election; amending s. 106.0705, F.S.; requiring
317	certain individuals to electronically file certain reports
318	with the division; conforming a cross-reference to changes
319	made by the act; deleting an obsolete provision; amending
320	s. 106.071, F.S.; conforming provisions relating to
321	expenditures in the aggregate; clarifying the independent
322	expenditure disclaimer for paid political advertisement by
323	an individual; amending s. 106.08, F.S.; deleting a
324	requirement for the department to notify candidates as to
325	whether an independent or minor party candidate has
326	obtained the required number of petition signatures;
327	deleting a requirement for certain unopposed candidates to
328	return contributions; specifying the entities with which a
329	political party's state executive committee, an affiliated
330	party committee, and county executive committees must file
331	a written acceptance of an in-kind contribution; amending
332	s. 106.09, F.S.; specifying that the limitations on
333	contributions by cash or cashier's check apply to the
334	aggregate amount of contributions to a candidate or
335	committee per election; clarifying that a violation of a
336	certain subsection, and not a section, of the law is a
337	misdemeanor of the first degree; amending s. 106.11, F.S.;
338	revising the statement that must be contained on checks
339	from a campaign account; deleting requirements relating to
340	the use of debit cards; authorizing a campaign for a
341	candidate to reimburse the candidate's loan to the
342	campaign when the campaign account has sufficient funds;
343	amending s. 106.141, F.S.; removing certain limitations on
344	expenditure of surplus funds; requiring candidates
345	receiving public financing to return all surplus funds to
346	the General Revenue Fund after paying certain monetary
347	obligations and expenses; amending s. 106.143, F.S.;
348	revising disclosure requirements for certain political
349	advertisements; specifying disclosure statements that must
350	be included in political advertisements paid for by a
351	write-in candidate; specifying disclosure requirements for
352	political advertisements paid for by in-kind
353	contributions; prohibiting the inclusion of a person's
354	political affiliation in advertisements for a nonpartisan
355	office; clarifying the type of political advertisements
356	that must be approved in advance by a candidate; deleting
357	a duplicative exemption from the requirement to obtain a
358	candidate's approval for messages designed to be worn;
359	providing that political advertisements paid for by a
360	political party or an affiliated party committee may use
361	certain registered names and abbreviations; clarifying
362	that a political advertisement that is paid for by a
363	candidate and complies with statutory disclosure
364	requirements is not required to additionally state that it
365	is approved by the candidate; amending s. 106.15, F.S.;
366	prohibiting the making, soliciting, or accepting of any
367	political contribution in a government-occupied room or
368	building space; defining "government-occupied room or
369	building space"; providing an exception; amending s.
370	106.17, F.S.; authorizing state and county executive
371	committees and affiliated party committees to conduct
372	political polls to determine viability of potential
373	candidates; allowing sharing of results; providing that
374	such expenditures are not contributions to the potential
375	candidates; amending s. 106.19, F.S.; providing that a
376	candidate's failure to comply with ch. 106, F.S., has no
377	effect on whether the candidate has qualified for office;
378	amending s. 106.25, F.S., relating to reports of alleged
379	violations to Florida Elections Commission; providing a
380	deadline for the filing of a response by a respondent;
381	prohibiting the commission from defining willfulness by
382	rule, or further defining the term as provided in ch. 106
383	or ch. 104, F.S.; providing for entering into a consent
384	order under certain circumstances; allowing a respondent
385	who is alleged by the commission to have violated the
386	election code or campaign financing laws to elect as a
387	matter of right a formal hearing before the Division of
388	Administrative Hearings; authorizing an administrative law
389	judge to assess civil penalties upon the finding of a
390	violation; amending s. 106.26, F.S.; authorizing the
391	commission to file a complaint in the circuit court where
392	the witness resides; amending s. 106.265, F.S.;
393	authorizing an administrative law judge to assess a civil
394	penalty upon a finding of a violation of the election code
395	or campaign financing laws; providing for civil penalties
396	to be assessed against an electioneering communications
397	organization; removing reference to the expired Election
398	Campaign Financing Trust Fund; directing that moneys from
399	penalties and fines be deposited into the General Revenue
400	Fund; amending s. 106.29, F.S.; requiring specified
401	committees that make contributions or expenditures to
402	influence the results of a special election or special
403	primary election to file campaign treasurer's reports by
404	certain dates; providing for applicable campaign finance
405	reporting dates, to conform; deleting a requirement that
406	each state executive committee file the original and one
407	copy of its reports with the division; revising provisions
408	relating to penalties for late filing, to conform and to
409	provide requirements for sufficiency of notice; amending
410	s. 106.35, F.S.; deleting a requirement that the division
411	adopt rules relating to the format and filing of certain
412	printed campaign treasurer's reports under the Florida
413	Election Campaign Financing Act; amending s. 106.355,
414	F.S.; eliminating the duty of the department to provide
415	funds from the Election Campaign Financing Trust Fund when
416	certain expenditure limits are exceeded; amending s.
417	11.045, F.S.; excluding funds received or spent under s.
418	106.012, F.S., from the definition of "expenditure";
419	amending s. 112.312, F.S.; excluding funds received or
420	spent under s. 106.012, F.S., or contributions or
421	expenditures reported pursuant to federal election law
422	from the definition of "gift"; amending s. 112.3215, F.S.;
423	excluding funds received or spent under s. 106.012, F.S.,
424	or contributions or expenditures reported pursuant to
425	federal election law from the definition of "expenditure";
426	amending s. 876.05, F.S.; deleting the requirement that
427	candidates for public office take a public employee oath;
428	amending s. 100.101, F.S.; to conform to changes made by
429	the act; repealing s. 103.161, F.S., relating to the
430	removal or suspension of officers or members of state
431	executive committees or county executive committees;
432	repealing s. 876.07, F.S., relating to the requirement
433	that a candidate take a public employee oath as a
434	prerequisite to qualifying for public office, to conform;
435	amending s. 101.161, F.S.; revising terminology;
436	transferring to a new subsection requirements applicable
437	to joint resolutions; providing that a joint resolution
438	may include a ballot summary and alternate ballot
439	summaries; providing that a joint resolution may include a
440	ballot summary or alternate ballot summaries, listed in
441	order of preference, describing the chief purpose of the
442	amendment or revision in clear and unambiguous language;
443	requiring a joint resolution to specify placement on the
444	ballot of a ballot title and either a ballot summary
445	embodied in the joint resolution or the full text of the
446	proposed amendment or revision; requiring placement on the
447	ballot of the ballot title and ballot summary, or the
448	ballot title and the full text of the proposed amendment
449	or revision, as specified by a joint resolution; requiring
450	placement on the ballot of the full text of an amendment
451	or revision if the court determines that each ballot
452	summary embodied in a joint resolution is defective unless
453	the Secretary of State certifies to the court that
454	placement of the full text on the ballot is incompatible
455	with voting systems that must be utilized during the
456	election at which the proposed amendment will be presented
457	to voters and that no other available accommodation will
458	enable persons with disabilities to vote on the proposed
459	amendment or revision; requiring the Attorney General to
460	revise a ballot summary under certain circumstances;
461	requiring the court to retain jurisdiction over challenges
462	to any revised ballot summary submitted by the Attorney
463	General; requiring challenges to revised ballot summaries
464	to be filed within 10 days after the revised ballot
465	summary is submitted to the court by the Attorney General;
466	creating a presumption that the full text of an amendment
467	or revision must be considered a clear and unambiguous
468	statement of the substance and effect of an amendment or
469	revision proposed by joint resolution and sufficient
470	notice to electors under certain circumstances;
471	establishing rules of construction for construing proposed
472	ballot titles, ballot summaries, or the full text of
473	proposed amendments or revisions; requiring legal
474	challenges to ballot language to be filed within certain
475	time periods; requiring complaints or petitions
476	challenging ballot language to assert all grounds for such
477	challenges; providing that any grounds not asserted are
478	waived; requiring the courts to describe with specificity
479	each deficiency in a ballot title, summary, or full text
480	of a proposed amendment or revision; requiring the courts
481	to accord actions challenging ballot language specified by
482	a joint resolution priority over other pending cases and
483	issue orders as expeditiously as possible; providing
484	retroactive applicability to joint resolutions passed
485	during the 2011 regular session; providing effective
486	dates.
487
488
489	Be It Enacted by the Legislature of the State of Florida:
490
491	Section 1.  Subsection (16) is added to section 97.012,
492	Florida Statutes, to read:
493	97.012  Secretary of State as chief election officer.-The
494	Secretary of State is the chief election officer of the state,
495	and it is his or her responsibility to:
496	(16)  Provide written direction and opinions to the
497	supervisors of elections on the performance of their official
498	duties with respect to the Florida Election Code or rules
499	adopted by the Department of State.
500	Section 2.  Subsection (18) of section 97.021, Florida
501	Statutes, is amended to read:
502	97.021  Definitions.-For the purposes of this code, except
503	where the context clearly indicates otherwise, the term:
504	(18)  "Minor political party" is any group as specified in
505	s. 103.095 defined in this subsection which on January 1
506	preceding a primary election does not have registered as members
507	5 percent of the total registered electors of the state. Any
508	group of citizens organized for the general purposes of electing
509	to office qualified persons and determining public issues under
510	the democratic processes of the United States may become a minor
511	political party of this state by filing with the department a
512	certificate showing the name of the organization, the names of
513	its current officers, including the members of its executive
514	committee, and a copy of its constitution or bylaws. It shall be
515	the duty of the minor political party to notify the department
516	of any changes in the filing certificate within 5 days of such
517	changes.
518	Section 3.  Section 97.025, Florida Statutes, is amended to
519	read:
520	97.025  Election Code; copies thereof.-A pamphlet of a
521	reprint of the Election Code, adequately indexed, shall be
522	prepared by the Department of State. The pamphlet shall be made
523	available It shall have a sufficient number of these pamphlets
524	printed so that one may be given, upon request, to each
525	candidate who qualifies with the department. The pamphlet shall
526	be made available A sufficient number may be sent to each
527	supervisor, before prior to the first day of qualifying, so that
528	for distribution, upon request, to each candidate who qualifies
529	with the supervisor and to each clerk of elections has access to
530	the pamphlet. The cost of making printing the pamphlets
531	available shall be paid out of funds appropriated for conducting
532	elections.
533	Section 4.  Section 97.0575, Florida Statutes, is amended
534	to read:
535	97.0575  Third-party voter registrations.-
536	(1)  Before engaging in any voter registration activities,
537	a third-party voter registration organization must register and
538	provide to the division, in an electronic format, the following
539	information:
540	(a)  The names of the officers of the organization and the
541	name and permanent address of the organization.
542	(b)  The name and address of the organization's registered
543	agent in the state.
544	(c)  The names, permanent addresses, and temporary
545	addresses, if any, of each registration agent registering
546	persons to vote in this state on behalf of the organization.
547	(d)  A sworn statement from each registration agent
548	employed by or volunteering for the organization stating that
549	the agent will obey all state laws and rules regarding the
550	registration of voters. Such statement must be on a form
551	containing notice of applicable penalties for false
552	registration.
553	(2)  The division or the supervisor of elections shall make
554	voter registration forms available to third-party voter
555	registration organizations. All such forms must contain
556	information identifying the organization to which the forms are
557	provided. The division shall maintain a database of all third-
558	party voter registration organizations and the voter
559	registration forms assigned to the third-party voter
560	registration organization. Each supervisor of elections shall
561	provide to the division information on voter registration forms
562	assigned to and received from third-party voter registration
563	organizations. The information must be provided in a format and
564	at times as required by the division by rule. The division must
565	update information on third-party voter registrations daily and
566	make the information publicly available.
567	(1)  Prior to engaging in any voter registration
568	activities, a third-party voter registration organization shall
569	name a registered agent in the state and submit to the division,
570	in a form adopted by the division, the name of the registered
571	agent and the name of those individuals responsible for the day-
572	to-day operation of the third-party voter registration
573	organization, including, if applicable, the names of the
574	entity's board of directors, president, vice president, managing
575	partner, or such other individuals engaged in similar duties or
576	functions. On or before the 15th day after the end of each
577	calendar quarter, each third-party voter registration
578	organization shall submit to the division a report providing the
579	date and location of any organized voter registration drives
580	conducted by the organization in the prior calendar quarter.
581	(2)  The failure to submit the information required by
582	subsection (1) does not subject the third-party voter
583	registration organization to any civil or criminal penalties for
584	such failure, and the failure to submit such information is not
585	a basis for denying such third-party voter registration
586	organization with copies of voter registration application
587	forms.
588	(3)(a)  A third-party voter registration organization that
589	collects voter registration applications serves as a fiduciary
590	to the applicant, ensuring that any voter registration
591	application entrusted to the third-party voter registration
592	organization, irrespective of party affiliation, race,
593	ethnicity, or gender, shall be promptly delivered to the
594	division or the supervisor of elections within 48 hours after
595	the applicant completes it or the next business day if the
596	appropriate office is closed for that 48-hour period. If a voter
597	registration application collected by any third-party voter
598	registration organization is not promptly delivered to the
599	division or supervisor of elections, the third-party voter
600	registration organization is shall be liable for the following
601	fines:
602	1.(a)  A fine in the amount of $50 for each application
603	received by the division or the supervisor of elections more
604	than 48 hours 10 days after the applicant delivered the
605	completed voter registration application to the third-party
606	voter registration organization or any person, entity, or agent
607	acting on its behalf or the next business day, if the office is
608	closed. A fine in the amount of $250 for each application
609	received if the third-party voter registration organization or
610	person, entity, or agency acting on its behalf acted willfully.
611	2.(b)  A fine in the amount of $100 for each application
612	collected by a third-party voter registration organization or
613	any person, entity, or agent acting on its behalf, before prior
614	to book closing for any given election for federal or state
615	office and received by the division or the supervisor of
616	elections after the book-closing book closing deadline for such
617	election. A fine in the amount of $500 for each application
618	received if the third-party registration organization or person,
619	entity, or agency acting on its behalf acted willfully.
620	3.(c)  A fine in the amount of $500 for each application
621	collected by a third-party voter registration organization or
622	any person, entity, or agent acting on its behalf, which is not
623	submitted to the division or supervisor of elections. A fine in
624	the amount of $1,000 for any application not submitted if the
625	third-party voter registration organization or person, entity,
626	or agency acting on its behalf acted willfully.
627
628	The aggregate fine pursuant to this paragraph subsection which
629	may be assessed against a third-party voter registration
630	organization, including affiliate organizations, for violations
631	committed in a calendar year is shall be $1,000.
632	(b)  A showing by the fines provided in this subsection
633	shall be reduced by three-fourths in cases in which the third-
634	party voter registration organization that the failure to
635	deliver the voter registration application within the required
636	timeframe is based upon force majeure or impossibility of
637	performance shall be an affirmative defense to a violation of
638	this subsection has complied with subsection (1). The secretary
639	may shall waive the fines described in this subsection upon a
640	showing that the failure to deliver the voter registration
641	application promptly is based upon force majeure or
642	impossibility of performance.
643	(4)  If the Secretary of State reasonably believes that a
644	person has committed a violation of this section, the secretary
645	may refer the matter to the Attorney General for enforcement.
646	The Attorney General may institute a civil action for a
647	violation of this section or to prevent a violation of this
648	section. An action for relief may include a permanent or
649	temporary injunction, a restraining order, or any other
650	appropriate order.
651	(5)(4)(a)  The division shall adopt by rule a form to
652	elicit specific information concerning the facts and
653	circumstances from a person who claims to have been registered
654	to vote by a third-party voter registration organization but who
655	does not appear as an active voter on the voter registration
656	rolls. The division shall also adopt rules to ensure the
657	integrity of the registration process, including rules requiring
658	third-party voter registration organizations to account for all
659	state and federal registration forms used by their registration
660	agents. Such rules may require an organization to provide
661	organization and form specific identification information on
662	each form as determined by the department as needed to assist in
663	the accounting of state and federal registration forms.
664	(b)  The division may investigate any violation of this
665	section. Civil fines shall be assessed by the division and
666	enforced through any appropriate legal proceedings.
667	(6)(5)  The date on which an applicant signs a voter
668	registration application is presumed to be the date on which the
669	third-party voter registration organization received or
670	collected the voter registration application.
671	(7)(6)  The civil fines provided in this section are in
672	addition to any applicable criminal penalties.
673	(8)(7)  Fines collected pursuant to this section shall be
674	annually appropriated by the Legislature to the department for
675	enforcement of this section and for voter education.
676	(9)(8)  The division may adopt rules to administer this
677	section.
678	(10)  The requirements of this section are retroactive for
679	any third-party voter registration organization registered with
680	the department on July 1, 2011, and must be complied with within
681	90 days after the department provides notice to the third-party
682	voter registration organization of the requirements contained in
683	this section. Failure of the third-party voter registration
684	organization to comply with the requirements within 90 days
685	after receipt of the notice shall automatically result in the
686	cancellation of the third-party voter registration
687	organization's registration.
688	Section 5.  Effective August 1, 2012, section 97.071,
689	Florida Statutes, is amended to read:
690	97.071  Voter information card.-
691	(1)  A voter information card shall be furnished by the
692	supervisor to all registered voters residing in the supervisor's
693	county. The card must contain:
694	(a)  Voter's registration number.
695	(b)  Date of registration.
696	(c)  Full name.
697	(d)  Party affiliation.
698	(e)  Date of birth.
699	(f)  Address of legal residence.
700	(g)  Precinct number.
701	(h)  Polling place address.
702	(i)(h)  Name of supervisor and contact information of
703	supervisor.
704	(j)(i)  Other information deemed necessary by the
705	supervisor.
706	(2)  A voter may receive a replacement voter information
707	card by providing a signed, written request for a replacement
708	card to a voter registration official. Upon verification of
709	registration, the supervisor shall issue the voter a duplicate
710	card without charge.
711	(3)  In the case of a change of name, address of legal
712	residence, polling place address, or party affiliation, the
713	supervisor shall issue the voter a new voter information card.
714	Section 6.  Subsection (1) of section 97.073, Florida
715	Statutes, is amended to read:
716	97.073  Disposition of voter registration applications;
717	cancellation notice.-
718	(1)  The supervisor must notify each applicant of the
719	disposition of the applicant's voter registration application
720	within 5 business days after voter registration information is
721	entered into the statewide voter registration system. The notice
722	must inform the applicant that the application has been
723	approved, is incomplete, has been denied, or is a duplicate of a
724	current registration. A voter information card sent to an
725	applicant constitutes notice of approval of registration. If the
726	application is incomplete, the supervisor must request that the
727	applicant supply the missing information using a voter
728	registration application signed by the applicant. A notice of
729	denial must inform the applicant of the reason the application
730	was denied.
731	Section 7.  Section 97.1031, Florida Statutes, is amended
732	to read:
733	97.1031  Notice of change of residence, change of name, or
734	change of party affiliation.-
735	(1)(a)  When an elector changes his or her residence
736	address, the elector must notify the supervisor of elections.
737	Except as provided in paragraph (b), an address change must be
738	submitted using a voter registration application.
739	(b)  If the address change is within the state and notice
740	is provided to the supervisor of elections of the county where
741	the elector has moved, the elector may change his or her
742	residence address by:
743	1.  Contacting the supervisor of elections by telephone or
744	electronic means; or
745	2.  Submitting the change on a voter registration
746	application or other signed written notice. moves from the
747	address named on that person's voter registration record to
748	another address within the same county, the elector must provide
749	notification of such move to the supervisor of elections of that
750	county. The elector may provide the supervisor a signed, written
751	notice or may notify the supervisor by telephone or electronic
752	means. However, notification of such move other than by signed,
753	written notice must include the elector's date of birth. An
754	elector may also provide notification to other voter
755	registration officials as provided in subsection (2). A voter
756	information card reflecting the new information shall be issued
757	to the elector as provided in subsection (3).
758	(2)  When an elector moves from the address named on that
759	person's voter registration record to another address in a
760	different county but within the state, the elector seeks to
761	change party affiliation, the elector shall notify his or her
762	supervisor of elections or other voter registration official by
763	using a signed written notice with the elector's date of birth.
764	When an or the elector changes his or her name of an elector is
765	changed by marriage or other legal process, the elector shall
766	notify his or her supervisor of elections or other provide
767	notice of such change to a voter registration official by using
768	a voter registration application signed by the elector. A voter
769	information card reflecting the new information shall be issued
770	to the elector as provided in subsection (3).
771	(3)  The voter registration official shall make the
772	necessary changes in the elector's records as soon as practical
773	upon receipt of the such notice of a change of address of legal
774	residence, name, or party affiliation. The supervisor of
775	elections shall issue the new voter information card.
776	Section 8.  Subsections (3) and (6) of section 98.075,
777	Florida Statutes, are amended to read:
778	98.075  Registration records maintenance activities;
779	ineligibility determinations.-
780	(3)  DECEASED PERSONS.-
781	(a)1.  The department shall identify those registered
782	voters who are deceased by comparing information on the lists of
783	deceased persons received from either:
784	a.  The Department of Health as provided in s. 98.093; or
785	b.  The United States Social Security Administration,
786	including, but not limited to, any master death file or index
787	that the administration compiles.
788	2.  Within 7 days after Upon receipt of such information
789	through the statewide voter registration system, the supervisor
790	shall remove the name of the registered voter.
791	(b)  The supervisor shall remove the name of a deceased
792	registered voter from the statewide voter registration system
793	upon receipt of a copy of a death certificate issued by a
794	governmental agency authorized to issue death certificates.
795	(6)  OTHER BASES FOR INELIGIBILITY.-If the department or
796	supervisor receives information other than from the sources
797	other than those identified in subsections (2)-(5) that a
798	registered voter is ineligible because he or she is deceased,
799	adjudicated a convicted felon without having had his or her
800	civil rights restored, adjudicated mentally incapacitated
801	without having had his or her voting rights restored, does not
802	meet the age requirement pursuant to s. 97.041, is not a United
803	States citizen, is a fictitious person, or has listed a
804	residence that is not his or her legal residence, the supervisor
805	shall adhere to the procedures set forth in subsection (7) prior
806	to the removal of a registered voter's name from the statewide
807	voter registration system.
808	Section 9.  Subsection (1) and paragraphs (e) and (f) of
809	subsection (2) of section 98.093, Florida Statutes, are amended
810	to read:
811	98.093  Duty of officials to furnish information relating
812	to lists of deceased persons, persons adjudicated mentally
813	incapacitated, and persons convicted of a felony.-
814	(1)  In order to identify ineligible registered voters and
815	to maintain ensure the maintenance of accurate and current voter
816	registration records in the statewide voter registration system
817	pursuant to procedures in s. 98.065 or s. 98.075, it is
818	necessary for the department and supervisors of elections to
819	receive or access certain information from state and federal
820	officials and entities in the format prescribed. The department
821	and supervisors of elections shall use the information provided
822	from the sources in subsection (2) to maintain the voter
823	registration records.
824	(2)  To the maximum extent feasible, state and local
825	government agencies shall facilitate provision of information
826	and access to data to the department, including, but not limited
827	to, databases that contain reliable criminal records and records
828	of deceased persons. State and local government agencies that
829	provide such data shall do so without charge if the direct cost
830	incurred by those agencies is not significant.
831	(e)  The Florida Parole Commission Board of Executive
832	Clemency shall furnish at least bimonthly monthly to the
833	department data including a list of those persons granted
834	clemency in the preceding month or any updates to prior records
835	which have occurred in the preceding month. The data list shall
836	contain the commission's Board of Executive Clemency case
837	number, name, address, date of birth, race, gender sex, Florida
838	driver's license number, Florida identification card number, or
839	the last four digits of the social security number, if
840	available, and references to record identifiers assigned by the
841	Department of Corrections and the Department of Law Enforcement,
842	a unique identifier of each clemency case, and the effective
843	date of clemency of each person.
844	(f)  The Department of Corrections shall identify those
845	persons who have been convicted of a felony and committed to its
846	custody or placed on felony community supervision in a time and
847	manner that enables furnish monthly to the department to
848	identify registered voters who are convicted felons and to meet
849	obligations under state and federal law. a list of those persons
850	transferred to the Department of Corrections in the preceding
851	month or any updates to prior records which have occurred in the
852	preceding month. The list shall contain the name, address, date
853	of birth, race, sex, social security number, Department of
854	Corrections record identification number, and associated
855	Department of Law Enforcement felony conviction record number of
856	each person.
857	Section 10.  Effective July 1, 2012, subsections (1) and
858	(2) of section 98.0981, Florida Statutes, are amended to read:
859	98.0981  Reports; voting history; statewide voter
860	registration system information; precinct-level election
861	results; book closing statistics.-
862	(1)  VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
863	INFORMATION.-
864	(a)  Within 30 45 days after certification by the Elections
865	Canvassing Commission of a presidential preference primary,
866	special election, primary election, or a general election,
867	supervisors of elections shall transmit to the department, in a
868	uniform electronic format specified in paragraph (d) by the
869	department, completely updated voting history information for
870	each qualified voter who voted.
871	(b)  After receipt of the information in paragraph (a), the
872	department shall prepare a report in electronic format which
873	contains the following information, separately compiled for the
874	primary and general election for all voters qualified to vote in
875	either election:
876	1.  The unique identifier assigned to each qualified voter
877	within the statewide voter registration system;
878	2.  All information provided by each qualified voter on his
879	or her voter registration application pursuant to s. 97.052(2),
880	except that which is confidential or exempt from public records
881	requirements;
882	3.  Each qualified voter's date of registration;
883	4.  Each qualified voter's current state representative
884	district, state senatorial district, and congressional district,
885	assigned by the supervisor of elections;
886	5.  Each qualified voter's current precinct; and
887	6.  Voting history as transmitted under paragraph (a) to
888	include whether the qualified voter voted at a precinct
889	location, voted during the early voting period, voted by
890	absentee ballot, attempted to vote by absentee ballot that was
891	not counted, attempted to vote by provisional ballot that was
892	not counted, or did not vote.
893	(c)  Within 45 60 days after certification by the Elections
894	Canvassing Commission of a presidential preference primary,
895	special election, primary election, or a general election, the
896	department shall send to the President of the Senate, the
897	Speaker of the House of Representatives, the Senate Minority
898	Leader, and the House Minority Leader a report in electronic
899	format that includes all information set forth in paragraph (b).
900	(d)  File specifications are as follows:
901	1.  The file shall contain records designated by the
902	categories below for all qualified voters who, regardless of the
903	voter's county of residence or active or inactive registration
904	status at the book closing for the corresponding election that
905	the file is being created for:
906	a.  Voted a regular ballot at a precinct location.
907	b.  Voted at a precinct location using a provisional ballot
908	that was subsequently counted.
909	c.  Voted a regular ballot during the early voting period.
910	d.  Voted during the early voting period using a
911	provisional ballot that was subsequently counted.
912	e.  Voted by absentee ballot.
913	f.  Attempted to vote by absentee ballot but the ballot was
914	not counted.
915	g.  Attempted to vote by provisional ballot but the ballot
916	was not counted in that election.
917	2.  Each file shall be created or converted into a tab-
918	delimited format.
919	3.  File names shall adhere to the following convention:
920	a.  Three-character county identifier as established by the
921	department followed by an underscore.
922	b.  Followed by four-character file type identifier of
923	'VH03' followed by an underscore.
924	c.  Followed by FVRS election ID followed by an underscore.
925	d.  Followed by Date Created followed by an underscore.
926	e.  Date format is YYYYMMDD.
927	f.  Followed by Time Created - HHMMSS.
928	g.  Followed by ".txt".
929	4.  Each record shall contain the following columns: Record
930	Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
931	Date, Vote History Code, Precinct, Congressional District, House
932	District, Senate District, County Commission District, and
933	School Board District.
934	(e)  Each supervisor of elections shall reconcile, before
935	submission, the aggregate total of ballots cast in each precinct
936	as reported in the precinct-level election results to the
937	aggregate total number of voters with voter history for the
938	election for each district.
939	(f)  Each supervisor of elections shall submit the results
940	of the data reconciliation as described in paragraph (e) to the
941	department in an electronic format and give a written
942	explanation for any precincts where the reconciliation as
943	described in paragraph (e) results in a discrepancy between the
944	voter history and the election results.
945	(2)(a)  PRECINCT-LEVEL ELECTION RESULTS.-Within 30 45 days
946	after certification by the Elections Canvassing Commission the
947	date of a presidential preference primary election, a special
948	election, primary election, or a general election, the
949	supervisors of elections shall collect and submit to the
950	department precinct-level election results for the election in a
951	uniform electronic format specified by paragraph (c) the
952	department. The precinct-level election results shall be
953	compiled separately for the primary or special primary election
954	that preceded the general or special general election,
955	respectively. The results shall specifically include for each
956	precinct the aggregate total of all ballots cast for each
957	candidate or nominee to fill a national, state, county, or
958	district office or proposed constitutional amendment, with
959	subtotals for each candidate and ballot type, unless fewer than
960	10 voters voted a ballot type. "All ballots cast" means ballots
961	cast by voters who cast a ballot whether at a precinct location,
962	by absentee ballot including overseas absentee ballots, during
963	the early voting period, or by provisional ballot.
964	(b)  The department shall make such information available
965	on a searchable, sortable, and downloadable database via its
966	website that also includes the file layout and codes. The
967	database shall be searchable and sortable by county, precinct,
968	and candidate. The database shall be downloadable in a tab-
969	delimited format. The database shall be available for download
970	county-by-county and also as a statewide file. Such report shall
971	also be made available upon request.
972	(c)  The files containing the precinct-level election
973	results shall be created in accordance with the applicable file
974	specification:
975	1.  The precinct-level results file shall be created or
976	converted into a tab-delimited text file.
977	2.  The row immediately before the first data record shall
978	contain the column names of the data elements that make up the
979	data records. There shall be one header record followed by
980	multiple data records.
981	3.  The data records shall include the following columns:
982	County Name, Election Number, Election Date, Unique Precinct
983	Identifier, Precinct Polling Location, Total Registered Voters,
984	Total Registered Republicans, Total Registered Democrats, Total
985	Registered All Other Parties, Contest Name,
986	Candidate/Retention/Issue Name, Candidate Florida Voter
987	Registration System ID Number, Division of Elections Unique
988	Candidate Identifying Number, Candidate Party, District,
989	Undervote Total, Overvote Total, Write-in Total, and Vote Total.
990	Section 11.  Subsections (5) and (7) of section 99.012,
991	Florida Statutes, are amended to read:
992	99.012  Restrictions on individuals qualifying for public
993	office.-
994	(5)  If an order of a court that has become final
995	determines that a person did not comply with this section, the
996	person shall not be qualified as a candidate for election and
997	his or her name may not appear on the ballot. The name of any
998	person who does not comply with this section may be removed from
999	every ballot on which it appears when ordered by a circuit court
1000	upon the petition of an elector or the Department of State.
1001	(7)  Nothing contained in subsection (3) relates to persons
1002	holding any federal office or seeking the office of President or
1003	Vice President.
1004	Section 12.  Paragraphs (a) and (b) of subsection (1) of
1005	section 99.021, Florida Statutes, are amended, and subsection
1006	(3) is added to that section, to read:
1007	99.021  Form of candidate oath.-
1008	(1)(a)1.  Each candidate, whether a party candidate, a
1009	candidate with no party affiliation, or a write-in candidate, in
1010	order to qualify for nomination or election to any office other
1011	than a judicial office as defined in chapter 105 or a federal
1012	office, shall take and subscribe to an oath or affirmation in
1013	writing. A printed copy of the oath or affirmation shall be made
1014	available furnished to the candidate by the officer before whom
1015	such candidate seeks to qualify and shall be substantially in
1016	the following form:
1017
1018	State of Florida
1019	County of....
1020	Before me, an officer authorized to administer oaths,
1021	personally appeared ...(please print name as you wish it to
1022	appear on the ballot)..., to me well known, who, being sworn,
1023	says that he or she is a candidate for the office of ....; that
1024	he or she is a qualified elector of .... County, Florida; that
1025	he or she is qualified under the Constitution and the laws of
1026	Florida to hold the office to which he or she desires to be
1027	nominated or elected; that he or she has taken the oath required
1028	by ss. 876.05-876.10, Florida Statutes; that he or she has
1029	qualified for no other public office in the state, the term of
1030	which office or any part thereof runs concurrent with that of
1031	the office he or she seeks; and that he or she has resigned from
1032	any office from which he or she is required to resign pursuant
1033	to s. 99.012, Florida Statutes; and that he or she will support
1034	the Constitution of the United States and the Constitution of
1035	the State of Florida.
1036	...(Signature of candidate)...
1037	...(Address)...
1038	Sworn to and subscribed before me this .... day of ....,
1039	...(year)..., at .... County, Florida.
1040	...(Signature and title of officer administering oath)...
1041	2.  Each candidate for federal office, whether a party
1042	candidate, a candidate with no party affiliation, or a write-in
1043	candidate, in order to qualify for nomination or election to
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 qualified under the Constitution and laws of the
1057	United States to hold the office to which he or she desires to
1058	be nominated or elected; and that he or she has qualified for no
1059	other public office in the state, the term of which office or
1060	any part thereof runs concurrent with that of the office he or
1061	she seeks; and that he or she will support the Constitution of
1062	the United States.
1063	...(Signature of candidate)...
1064	...(Address)...
1065	Sworn to and subscribed before me this .... day of ....,
1066	...(year)..., at .... County, Florida.
1067	...(Signature and title of officer administering oath)...
1068	(b)  In addition, any person seeking to qualify for
1069	nomination as a candidate of any political party shall, at the
1070	time of subscribing to the oath or affirmation, state in
1071	writing:
1072	1.  The party of which the person is a member.
1073	2.  That the person is not a registered member of any other
1074	political party and has not been a registered member of
1075	candidate for nomination for any other political party for 365
1076	days before the beginning of qualifying for a period of 6 months
1077	preceding the general election for which the person seeks to
1078	qualify.
1079	3.  That the person has paid the assessment levied against
1080	him or her, if any, as a candidate for said office by the
1081	executive committee of the party of which he or she is a member.
1082	(3)  This section does not apply to persons who seek to
1083	qualify for election pursuant to the provisions of ss. 103.021
1084	and 103.101.
1085	Section 13.  Subsections (5) and (7) of section 99.061,
1086	Florida Statutes, are amended, and subsection (11) is added to
1087	that section, to read:
1088	99.061  Method of qualifying for nomination or election to
1089	federal, state, county, or district office.-
1090	(5)  At the time of qualifying for office, each candidate
1091	for a constitutional office shall file a full and public
1092	disclosure of financial interests pursuant to s. 8, Art. II of
1093	the State Constitution, duly notarized pursuant to s. 117.05,
1094	and a candidate for any other office, including local elective
1095	office, shall file a statement of financial interests pursuant
1096	to s. 112.3145.
1097	(7)(a)  In order for a candidate to be qualified, the
1098	following items must be received by the filing officer by the
1099	end of the qualifying period:
1100	1.  A properly executed check drawn upon the candidate's
1101	campaign account payable to the person or entity as prescribed
1102	by the filing officer in an amount not less than the fee
1103	required by s. 99.092, unless the candidate obtained the
1104	required number of signatures on petitions or, in lieu thereof,
1105	as applicable, the copy of the notice of obtaining ballot
1106	position pursuant to s. 99.095. The filing fee for a special
1107	district candidate is not required to be drawn upon the
1108	candidate's campaign account. If a candidate's check is returned
1109	by the bank for any reason, the filing officer shall immediately
1110	notify the candidate and the candidate shall have until, the end
1111	of qualifying notwithstanding, have 48 hours from the time such
1112	notification is received, excluding Saturdays, Sundays, and
1113	legal holidays, to pay the fee with a cashier's check purchased
1114	from funds of the campaign account. Failure to pay the fee as
1115	provided in this subparagraph shall disqualify the candidate.
1116	2.  The candidate's oath required by s. 99.021, which must
1117	contain the name of the candidate as it is to appear on the
1118	ballot; the office sought, including the district or group
1119	number if applicable; and the signature of the candidate, duly
1120	notarized pursuant to s. 117.05 acknowledged.
1121	3.  The loyalty oath required by s. 876.05, signed by the
1122	candidate and duly acknowledged.
1123	3.4.  If the office sought is partisan, the written
1124	statement of political party affiliation required by s.
1125	99.021(1)(b).
1126	4.5.  The completed form for the appointment of campaign
1127	treasurer and designation of campaign depository, as required by
1128	s. 106.021.
1129	5.6.  The full and public disclosure or statement of
1130	financial interests required by subsection (5). A public officer
1131	who has filed the full and public disclosure or statement of
1132	financial interests with the Commission on Ethics or the
1133	supervisor of elections prior to qualifying for office may file
1134	a copy of that disclosure at the time of qualifying.
1135	(b)  If the filing officer receives qualifying papers
1136	during the qualifying period prescribed in this section that do
1137	not include all items as required by paragraph (a) prior to the
1138	last day of qualifying, the filing officer shall make a
1139	reasonable effort to notify the candidate of the missing or
1140	incomplete items and shall inform the candidate that all
1141	required items must be received by the close of qualifying. A
1142	candidate's name as it is to appear on the ballot may not be
1143	changed after the end of qualifying.
1144	(c)  The filing officer performs a ministerial function in
1145	reviewing qualifying papers. In determining whether a candidate
1146	is qualified, the filing officer shall review the qualifying
1147	papers to determine whether all items required by paragraph (a)
1148	have been properly filed and whether each item is complete on
1149	its face, including whether items requiring notarizations are
1150	properly notarized as required by s. 117.05. The filing officer
1151	may not determine whether the contents of the qualifying papers
1152	are accurate.
1153	(11)  The decision of the filing officer concerning whether
1154	a candidate is qualified is exempt from the provisions of
1155	chapter 120.
1156	Section 14.  Subsection (2) of section 99.063, Florida
1157	Statutes, is amended to read:
1158	99.063  Candidates for Governor and Lieutenant Governor.-
1159	(2)  No later than 5 p.m. of the 9th day following the
1160	primary election, each designated candidate for Lieutenant
1161	Governor shall file with the Department of State:
1162	(a)  The candidate's oath required by s. 99.021, which must
1163	contain the name of the candidate as it is to appear on the
1164	ballot; the office sought; and the signature of the candidate,
1165	duly acknowledged.
1166	(b)  The loyalty oath required by s. 876.05, signed by the
1167	candidate and duly acknowledged.
1168	(b)(c)  If the office sought is partisan, the written
1169	statement of political party affiliation required by s.
1170	99.021(1)(b).
1171	(c)(d)  The full and public disclosure of financial
1172	interests pursuant to s. 8, Art. II of the State Constitution. A
1173	public officer who has filed the full and public disclosure with
1174	the Commission on Ethics prior to qualifying for office may file
1175	a copy of that disclosure at the time of qualifying.
1176	Section 15.  Subsection (1) of section 99.093, Florida
1177	Statutes, is amended to read:
1178	99.093  Municipal candidates; election assessment.-
1179	(1)  Each person seeking to qualify for nomination or
1180	election to a municipal office shall pay, at the time of
1181	qualifying for office, an election assessment. The election
1182	assessment shall be an amount equal to 1 percent of the annual
1183	salary of the office sought. Within 30 days after the close of
1184	qualifying, the qualifying officer shall forward all assessments
1185	collected pursuant to this section to the Florida Elections
1186	Commission Department of State for transfer to the Elections
1187	Commission Trust Fund within the Department of Legal Affairs.
1188	Section 16.  Paragraph (d) is added to subsection (2) of
1189	section 99.095, Florida Statutes, to read:
1190	99.095  Petition process in lieu of a qualifying fee and
1191	party assessment.-
1192	(2)
1193	(d)  In a year of apportionment, any candidate for county
1194	or district office seeking ballot position by the petition
1195	process may obtain the required number of signatures from any
1196	registered voter in the respective county, regardless of
1197	district boundaries. The candidate shall obtain at least the
1198	number of signatures equal to 1 percent of the total number of
1199	registered voters, as shown by a compilation by the department
1200	for the immediately preceding general election, divided by the
1201	total number of districts of the office involved.
1202	Section 17.  Subsections (1), (3), and (5) of section
1203	99.097, Florida Statutes, are amended, and subsection (6) is
1204	added to that section, to read:
1205	99.097  Verification of signatures on petitions.-
1206	(1)(a)  As determined by each supervisor, based upon local
1207	conditions, the checking of names on petitions may be based on
1208	the most inexpensive and administratively feasible of either of
1209	the following methods of verification:
1210	1.(a)  A name-by-name, signature-by-signature check of each
1211	petition the number of authorized signatures on the petitions;
1212	or
1213	2.(b)  A check of a random sample, as provided by the
1214	Department of State, of names and signatures on the petitions.
1215	The sample must be such that a determination can be made as to
1216	whether or not the required number of signatures has have been
1217	obtained with a reliability of at least 99.5 percent.
1218	(b)  Rules and guidelines for this method of petition
1219	verification shall be adopted promulgated by the Department of
1220	State. Rules and guidelines for a random-sample method of
1221	verification, which may include a requirement that petitions
1222	bear an additional number of names and signatures, not to exceed
1223	15 percent of the names and signatures otherwise required. If
1224	the petitions do not meet such criteria or if the petitions are
1225	prescribed by s. 100.371, then the use of the random-sample
1226	method of verification is method described in this paragraph
1227	shall not be available to supervisors.
1228	(3)(a)  If all other requirements for the petition are met,
1229	a signature on a petition shall be verified and counted as valid
1230	for a registered voter if after comparing the signature on the
1231	petition and the signature of the registered voter in the voter
1232	registration system, the supervisor is able to determine that
1233	the petition signer is the same as the registered voter, even if
1234	the name on the petition is not in substantially the same form
1235	as in the voter registration system. A name on a petition, which
1236	name is not in substantially the same form as a name on the
1237	voter registration books, shall be counted as a valid signature
1238	if, after comparing the signature on the petition with the
1239	signature of the alleged signer as shown on the registration
1240	books, the supervisor determines that the person signing the
1241	petition and the person who registered to vote are one and the
1242	same.
1243	(b)  In any situation in which this code requires the form
1244	of the petition to be prescribed by the division, no signature
1245	shall be counted toward the number of signatures required unless
1246	it is on a petition form prescribed by the division.
1247	(c)(b)  If a voter signs a petition and lists an address
1248	other than the legal residence where the voter is registered,
1249	the supervisor shall treat the signature as if the voter had
1250	listed the address where the voter is registered.
1251	(5)  The results of a verification pursuant to subparagraph
1252	(1)(a)2. paragraph (1)(b) may be contested in the circuit court
1253	by the candidate; an announced opponent; a representative of a
1254	designated political committee; or a person, party, or other
1255	organization submitting the petition. The contestant shall file
1256	a complaint, together with the fees prescribed in chapter 28,
1257	with the clerk of the circuit court in the county in which the
1258	petition is certified or in Leon County if the petition covers
1259	more than one county within 10 days after midnight of the date
1260	the petition is certified; and the complaint shall set forth the
1261	grounds on which the contestant intends to establish his or her
1262	right to require a complete check of the petition names and
1263	signatures pursuant to subparagraph (1)(a)1. paragraph (1)(a).
1264	In the event the court orders a complete check of the petition
1265	and the result is not changed as to the success or lack of
1266	success of the petitioner in obtaining the requisite number of
1267	valid signatures, then such candidate, unless the candidate has
1268	filed the oath stating that he or she is unable to pay such
1269	charges; announced opponent; representative of a designated
1270	political committee; or party, person, or organization
1271	submitting the petition, unless such person or organization has
1272	filed the oath stating inability to pay such charges, shall pay
1273	to the supervisor of elections of each affected county for the
1274	complete check an amount calculated at the rate of 10 cents for
1275	each additional signature checked or the actual cost of checking
1276	such additional signatures, whichever is less.
1277	(6)(a)  If any person is paid to solicit signatures on a
1278	petition, an undue burden oath may not subsequently be filed in
1279	lieu of paying the fee to have signatures verified for that
1280	petition.
1281	(b)  If an undue burden oath has been filed and payment is
1282	subsequently made to any person to solicit signatures on a
1283	petition, then the undue burden oath is no longer valid and a
1284	fee for all signatures previously submitted to the supervisor of
1285	elections and for any that are submitted thereafter shall be
1286	paid by the candidate, person, or organization that submitted
1287	the undue burden oath. If contributions as defined in s. 106.011
1288	are received, any monetary contributions shall first be used to
1289	reimburse the supervisor of elections for any signature
1290	verification fees not paid because of an undue burden oath being
1291	filed.
1292	Section 18.  Section 100.061, Florida Statutes, is amended
1293	to read:
1294	100.061  Primary election.-In each year in which a general
1295	election is held, a primary election for nomination of
1296	candidates of political parties shall be held on the Tuesday 12
1297	10 weeks before prior to the general election. The candidate
1298	receiving the highest number of votes cast in each contest in
1299	the primary election shall be declared nominated for such
1300	office. If two or more candidates receive an equal and highest
1301	number of votes for the same office, such candidates shall draw
1302	lots to determine which candidate is nominated.
1303	Section 19.  Section 100.111, Florida Statutes, is amended
1304	to read:
1305	100.111  Filling vacancy.-
1306	(1)(a)  If any vacancy occurs in any office which is
1307	required to be filled pursuant to s. 1(f), Art. IV of the State
1308	Constitution and the remainder of the term of such office is 28
1309	months or longer, then at the next general election a person
1310	shall be elected to fill the unexpired portion of such term,
1311	commencing on the first Tuesday after the first Monday following
1312	such general election.
1313	(b)  If such a vacancy occurs prior to the first day set by
1314	law for qualifying for election to office at such general
1315	election, any person seeking nomination or election to the
1316	unexpired portion of the term shall qualify within the time
1317	prescribed by law for qualifying for other offices to be filled
1318	by election at such general election.
1319	(c)  If such a vacancy occurs prior to the primary election
1320	but on or after the first day set by law for qualifying, the
1321	Secretary of State shall set dates for qualifying for the
1322	unexpired portion of the term of such office. Any person seeking
1323	nomination or election to the unexpired portion of the term
1324	shall qualify within the time set by the Secretary of State. If
1325	time does not permit party nominations to be made in conjunction
1326	with the primary election, the Governor may call a special
1327	primary election to select party nominees for the unexpired
1328	portion of such term.
1329	(2)(a)  If, in any state or county office required to be
1330	filled by election, a vacancy occurs during an election year by
1331	reason of the incumbent having qualified as a candidate for
1332	federal office pursuant to s. 99.061, no special election is
1333	required. Any person seeking nomination or election to the
1334	office so vacated shall qualify within the time prescribed by s.
1335	99.061 for qualifying for state or county offices to be filled
1336	by election.
1337	(b)  If such a vacancy occurs in an election year other
1338	than the one immediately preceding expiration of the present
1339	term, the Secretary of State shall notify the supervisor of
1340	elections in each county served by the office that a vacancy has
1341	been created. Such notice shall be provided to the supervisor of
1342	elections not later than the close of the first day set for
1343	qualifying for state or county office. The supervisor shall
1344	provide public notice of the vacancy in any manner the Secretary
1345	of State deems appropriate.
1346	(2)(3)  Whenever there is a vacancy for which a special
1347	election is required pursuant to s. 100.101, the Governor, after
1348	consultation with the Secretary of State, shall fix the dates of
1349	a special primary election and a special election. Nominees of
1350	political parties shall be chosen under the primary laws of this
1351	state in the special primary election to become candidates in
1352	the special election. Prior to setting the special election
1353	dates, the Governor shall consider any upcoming elections in the
1354	jurisdiction where the special election will be held. The dates
1355	fixed by the Governor shall be specific days certain and shall
1356	not be established by the happening of a condition or stated in
1357	the alternative. The dates fixed shall provide a minimum of 2
1358	weeks between each election. In the event a vacancy occurs in
1359	the office of state senator or member of the House of
1360	Representatives when the Legislature is in regular legislative
1361	session, the minimum times prescribed by this subsection may be
1362	waived upon concurrence of the Governor, the Speaker of the
1363	House of Representatives, and the President of the Senate. If a
1364	vacancy occurs in the office of state senator and no session of
1365	the Legislature is scheduled to be held prior to the next
1366	general election, the Governor may fix the dates for the special
1367	primary election and for the special election to coincide with
1368	the dates of the primary election and general election. If a
1369	vacancy in office occurs in any district in the state Senate or
1370	House of Representatives or in any congressional district, and
1371	no session of the Legislature, or session of Congress if the
1372	vacancy is in a congressional district, is scheduled to be held
1373	during the unexpired portion of the term, the Governor is not
1374	required to call a special election to fill such vacancy.
1375	(a)  The dates for candidates to qualify in such special
1376	election or special primary election shall be fixed by the
1377	Department of State, and candidates shall qualify not later than
1378	noon of the last day so fixed. The dates fixed for qualifying
1379	shall allow a minimum of 14 days between the last day of
1380	qualifying and the special primary election.
1381	(b)  The filing of campaign expense statements by
1382	candidates in such special elections or special primaries and by
1383	committees making contributions or expenditures to influence the
1384	results of such special primaries or special elections shall be
1385	not later than such dates as shall be fixed by the Department of
1386	State, and in fixing such dates the Department of State shall
1387	take into consideration and be governed by the practical time
1388	limitations.
1389	(c)  The dates for a candidate to qualify by the petition
1390	process pursuant to s. 99.095 in such special primary or special
1391	election shall be fixed by the Department of State. In fixing
1392	such dates the Department of State shall take into consideration
1393	and be governed by the practical time limitations. Any candidate
1394	seeking to qualify by the petition process in a special primary
1395	election shall obtain 25 percent of the signatures required by
1396	s. 99.095.
1397	(d)  The qualifying fees and party assessments of such
1398	candidates as may qualify shall be the same as collected for the
1399	same office at the last previous primary for that office. The
1400	party assessment shall be paid to the appropriate executive
1401	committee of the political party to which the candidate belongs.
1402	(e)  Each county canvassing board shall make as speedy a
1403	return of the result of such special primary elections and
1404	special elections as time will permit, and the Elections
1405	Canvassing Commission likewise shall make as speedy a canvass
1406	and declaration of the nominees as time will permit.
1407	(3)(4)(a)  In the event that death, resignation,
1408	withdrawal, or removal, or any other cause or event should cause
1409	a party to have a vacancy in nomination which leaves no
1410	candidate for an office from such party, the filing officer
1411	before whom the candidate qualified Department of State shall
1412	notify the chair of the appropriate state, district, or county
1413	political party executive committee of such party; and,
1414	1.  If the vacancy in nomination is for a statewide office,
1415	the state party chair shall, within 5 days, the chair shall call
1416	a meeting of his or her executive board committee to consider
1417	designation of a nominee to fill the vacancy.
1418	2.  If the vacancy in nomination is for the office of
1419	United States Representative, state senator, state
1420	representative, state attorney, or public defender, the state
1421	party chair shall notify the appropriate county chair or chairs
1422	and, within 5 days, the appropriate county chair or chairs shall
1423	call a meeting of the members of the executive committee in the
1424	affected county or counties to consider designation of a nominee
1425	to fill the vacancy.
1426	3.  If the vacancy in nomination is for a county office,
1427	the state party chair shall notify the appropriate county chair
1428	and, within 5 days, the appropriate county chair shall call a
1429	meeting of his or her executive committee to consider
1430	designation of a nominee to fill the vacancy.
1431
1432	The name of any person so designated shall be submitted to the
1433	filing officer before whom the candidate qualified Department of
1434	State within 7 days after notice to the chair in order that the
1435	person designated may have his or her name on the ballot of the
1436	ensuing general election. If the name of the new nominee is
1437	submitted after the certification of results of the preceding
1438	primary election, however, the ballots shall not be changed and
1439	the former party nominee's name will appear on the ballot. Any
1440	ballots cast for the former party nominee will be counted for
1441	the person designated by the political party to replace the
1442	former party nominee. If there is no opposition to the party
1443	nominee, the person designated by the political party to replace
1444	the former party nominee will be elected to office at the
1445	general election. For purposes of this paragraph, the term
1446	"district political party executive committee" means the members
1447	of the state executive committee of a political party from those
1448	counties comprising the area involving a district office.
1449	(b)  When, under the circumstances set forth in the
1450	preceding paragraph, vacancies in nomination are required to be
1451	filled by committee nominations, such vacancies shall be filled
1452	by party rule. In any instance in which a nominee is selected by
1453	a committee to fill a vacancy in nomination, such nominee shall
1454	pay the same filing fee and take the same oath as the nominee
1455	would have taken had he or she regularly qualified for election
1456	to such office.
1457	(c)  Any person who, at the close of qualifying as
1458	prescribed in ss. 99.061 and 105.031, was qualified for
1459	nomination or election to or retention in a public office to be
1460	filled at the ensuing general election or who attempted to
1461	qualify and failed to qualify is prohibited from qualifying as a
1462	candidate to fill a vacancy in nomination for any other office
1463	to be filled at that general election, even if such person has
1464	withdrawn or been eliminated as a candidate for the original
1465	office sought. However, this paragraph does not apply to a
1466	candidate for the office of Lieutenant Governor who applies to
1467	fill a vacancy in nomination for the office of Governor on the
1468	same ticket or to a person who has withdrawn or been eliminated
1469	as a candidate and who is subsequently designated as a candidate
1470	for Lieutenant Governor under s. 99.063.
1471	(4)  A vacancy in nomination is not created if an order of
1472	a court that has become final determines that a nominee did not
1473	properly qualify or did not meet the necessary qualifications to
1474	hold the office for which he or she sought to qualify.
1475	(5)  In the event of unforeseeable circumstances not
1476	contemplated in these general election laws concerning the
1477	calling and holding of special primary elections and special
1478	elections resulting from court order or other unpredictable
1479	circumstances, the Department of State shall have the authority
1480	to provide for the conduct of orderly elections.
1481	Section 20.  Subsections (1), (3), (6), (7), and (8) of
1482	section 100.371, Florida Statutes, are amended to read:
1483	100.371  Initiatives; procedure for placement on ballot.-
1484	(1)  Constitutional amendments proposed by initiative shall
1485	be placed on the ballot for the general election, provided the
1486	initiative petition has been filed with the Secretary of State
1487	no later than February 1 of the year the general election is
1488	held. A petition shall be deemed to be filed with the Secretary
1489	of State upon the date the secretary determines that valid and
1490	verified petition forms have been signed by the constitutionally
1491	required number and distribution of electors under this code,
1492	subject to the right of revocation established in this section.
1493	(3)  An initiative petition form circulated for signature
1494	may not be bundled with or attached to any other petition. Each
1495	signature shall be dated when made and shall be valid for a
1496	period of 2 4 years following such date, provided all other
1497	requirements of law are met. The sponsor shall submit signed and
1498	dated forms to the appropriate supervisor of elections for
1499	verification as to the number of registered electors whose valid
1500	signatures appear thereon. If the signer is a registered voter
1501	of another county, the supervisor shall notify the petition
1502	sponsor of the misfiled petition. The supervisor shall promptly
1503	verify the signatures within 30 days after of receipt of the
1504	petition forms and payment of the fee required by s. 99.097. The
1505	supervisor shall promptly record, in the manner prescribed by
1506	the Secretary of State, the date each form is received by the
1507	supervisor, and the date the signature on the form is verified
1508	as valid. The supervisor may verify that the signature on a form
1509	is valid only if:
1510	(a)  The form contains the original signature of the
1511	purported elector.
1512	(b)  The purported elector has accurately recorded on the
1513	form the date on which he or she signed the form.
1514	(c)  The form accurately sets forth the purported elector's
1515	name, street address, city, county, and voter registration
1516	number or date of birth.
1517	(d)  The purported elector is, at the time he or she signs
1518	the form and at the time the form is verified, a duly qualified
1519	and registered elector authorized to vote in the state county in
1520	which his or her signature is submitted.
1521
1522	The supervisor shall retain the signature forms for at least 1
1523	year following the election in which the issue appeared on the
1524	ballot or until the Division of Elections notifies the
1525	supervisors of elections that the committee that which
1526	circulated the petition is no longer seeking to obtain ballot
1527	position.
1528	(6)(a)  An elector's signature on a petition form may be
1529	revoked within 150 days of the date on which he or she signed
1530	the petition form by submitting to the appropriate supervisor of
1531	elections a signed petition-revocation form.
1532	(b)  The petition-revocation form and the manner in which
1533	signatures are obtained, submitted, and verified shall be
1534	subject to the same relevant requirements and timeframes as the
1535	corresponding petition form and processes under this code and
1536	shall be approved by the Secretary of State before any signature
1537	on a petition-revocation form is obtained.
1538	(c)  In those circumstances in which a petition-revocation
1539	form for a corresponding initiative petition has not been
1540	submitted and approved, an elector may complete and submit a
1541	standard petition-revocation form directly to the supervisor of
1542	elections. All other requirements and processes apply for the
1543	submission and verification of the signatures as for initiative
1544	petitions.
1545	(d)  Supervisors of elections shall provide petition-
1546	revocation forms to the public at all main and branch offices.
1547	(e)  The petition-revocation form shall be filed with the
1548	supervisor of elections by February 1 preceding the next general
1549	election or, if the initiative amendment is not certified for
1550	ballot position in that election, by February 1 preceding the
1551	next successive general election. The supervisor of elections
1552	shall promptly verify the signature on the petition-revocation
1553	form and process such revocation upon payment, in advance, of a
1554	fee of 10 cents or the actual cost of verifying such signature,
1555	whichever is less. The supervisor shall promptly record each
1556	valid and verified signature on a petition-revocation form in
1557	the manner prescribed by the Secretary of State.
1558	(f)  The division shall adopt by rule the petition-
1559	revocation forms to be used under this subsection.
1560	(6)(7)  The Department of State may adopt rules in
1561	accordance with s. 120.54 to carry out the provisions of
1562	subsections (1)-(5) (1)-(6).
1563	(7)(8)  No provision of this code shall be deemed to
1564	prohibit a private person exercising lawful control over
1565	privately owned property, including property held open to the
1566	public for the purposes of a commercial enterprise, from
1567	excluding from such property persons seeking to engage in
1568	activity supporting or opposing initiative amendments.
1569	Section 21.  Effective July 1, 2012, subsections (3) and
1570	(4) of section 101.001, Florida Statutes, are amended to read:
1571	101.001  Precincts and polling places; boundaries.-
1572	(3)(a)  Each supervisor of elections shall maintain a
1573	suitable map drawn to a scale no smaller than 3 miles to the
1574	inch and clearly delineating all major observable features such
1575	as roads, streams, and railway lines and showing the current
1576	geographical boundaries of each precinct, representative
1577	district, and senatorial district, and other type of district in
1578	the county subject to the elections process in this code.
1579	(b)  The supervisor shall provide to the department data on
1580	all precincts in the county associated with the most recent
1581	decennial census blocks within each precinct.
1582	(c)  The department shall maintain a searchable database
1583	that contains the precincts and the corresponding most recent
1584	decennial census blocks within the precincts for each county,
1585	including a historical file that allows the census blocks to be
1586	traced through the prior decade.
1587	(d)(b)  The supervisor of elections shall notify the
1588	Secretary of State in writing within 10 30 days after any
1589	reorganization of precincts and shall furnish a copy of the map
1590	showing the current geographical boundaries and designation of
1591	each new precinct. However, if precincts are composed of whole
1592	census blocks, the supervisor may furnish, in lieu of a copy of
1593	the map, a list, in an electronic format prescribed by the
1594	Department of State, associating each census block in the county
1595	with its precinct.
1596	(e)(c)  Any precinct established or altered under the
1597	provisions of this section shall consist of areas bounded on all
1598	sides only by census block boundaries from the most recent
1599	United States Census. If the census block boundaries split or
1600	conflict with another political boundary listed below, the
1601	boundary listed below may be used:
1602	1.  Census block boundaries from the most recent United
1603	States Census;
1604	1.2.  Governmental unit boundaries reported in the most
1605	recent Boundary and Annexation Survey published by the United
1606	States Census Bureau;
1607	2.3.  Visible features that are readily distinguishable
1608	upon the ground, such as streets, railroads, tracks, streams,
1609	and lakes, and that are indicated upon current census maps,
1610	official Department of Transportation maps, official municipal
1611	maps, official county maps, or a combination of such maps;
1612	3.4.  Boundaries of public parks, public school grounds, or
1613	churches; or
1614	4.5.  Boundaries of counties, incorporated municipalities,
1615	or other political subdivisions that meet criteria established
1616	by the United States Census Bureau for block boundaries.
1617	(d)  Until July 1, 2012, a supervisor may apply for and
1618	obtain from the Secretary of State a waiver of the requirement
1619	in paragraph (c).
1620	(4)(a)  Within 10 days after there is any change in the
1621	division, number, or boundaries of the precincts, or the
1622	location of the polling places, the supervisor of elections
1623	shall make in writing an accurate description of any new or
1624	altered precincts, setting forth the boundary lines and shall
1625	identify the location of each new or altered polling place. A
1626	copy of the document describing such changes shall be posted at
1627	the supervisor's office.
1628	(b)  Any changes in the county precinct data shall be
1629	provided to the department within 10 days after a change.
1630	(c)  Precinct data shall include all precincts for which
1631	precinct-level election results and voting history results are
1632	reported.
1633	Section 22.  Subsection (1) of section 101.043, Florida
1634	Statutes, is amended to read:
1635	101.043  Identification required at polls.-
1636	(1)  The precinct register, as prescribed in s. 98.461,
1637	shall be used at the polls for the purpose of identifying the
1638	elector at the polls prior to allowing him or her to vote. The
1639	clerk or inspector shall require each elector, upon entering the
1640	polling place, to present one of the following current and valid
1641	picture identifications:
1642	(a)  Florida driver's license.
1643	(b)  Florida identification card issued by the Department
1644	of Highway Safety and Motor Vehicles.
1645	(c)  United States passport.
1646	(d)  Debit or credit card.
1647	(e)  Military identification.
1648	(f)  Student identification.
1649	(g)  Retirement center identification.
1650	(h)  Neighborhood association identification.
1651	(i)  Public assistance identification.
1652
1653	If the picture identification does not contain the signature of
1654	the voter, an additional identification that provides the
1655	elector's voter's signature shall be required. The address
1656	appearing on the identification presented by the elector is not
1657	to be used as the basis to confirm an elector's legal residence
1658	or otherwise challenge an elector's legal residence. The elector
1659	shall sign his or her name in the space provided on the precinct
1660	register or on an electronic device provided for recording the
1661	elector's voter's signature. The clerk or inspector shall
1662	compare the signature with that on the identification provided
1663	by the elector and enter his or her initials in the space
1664	provided on the precinct register or on an electronic device
1665	provided for that purpose and allow the elector to vote if the
1666	clerk or inspector is satisfied as to the identity of the
1667	elector.
1668	Section 23.  Section 101.045, Florida Statutes, is amended
1669	to read:
1670	101.045  Electors must be registered in precinct;
1671	provisions for change of residence or name.-
1672	(1)  A No person is not shall be permitted to vote in any
1673	election precinct or district other than the one in which the
1674	person has his or her legal residence and in which the person is
1675	registered. However, a person temporarily residing outside the
1676	county shall be registered in the precinct in which the main
1677	office of the supervisor, as designated by the supervisor, is
1678	located when the person has no permanent address in the county
1679	and it is the person's intention to remain a resident of Florida
1680	and of the county in which he or she is registered to vote. Such
1681	persons who are registered in the precinct in which the main
1682	office of the supervisor, as designated by the supervisor, is
1683	located and who are residing outside the county with no
1684	permanent address in the county shall not be registered electors
1685	of a municipality and therefore shall not be permitted to vote
1686	in any municipal election.
1687	(2)(a)  An elector who moves from the precinct in which the
1688	elector is registered may be permitted to vote in the precinct
1689	to which he or she has moved his or her legal residence, if the
1690	change of residence is within the same county and the provided
1691	such elector completes an affirmation in substantially the
1692	following form:
1693	Change of Legal Residence of Registered
1694	Voter
1695	Under penalties for false swearing, I, ...(Name of voter)...,
1696	swear (or affirm) that the former address of my legal residence
1697	was ...(Address of legal residence)... in the municipality of
1698	...., in .... County, Florida, and I was registered to vote in
1699	the .... precinct of .... County, Florida; that I have not voted
1700	in the precinct of my former registration in this election; that
1701	I now reside at ...(Address of legal residence)... in the
1702	Municipality of ...., in .... County, Florida, and am therefore
1703	eligible to vote in the .... precinct of .... County, Florida;
1704	and I further swear (or affirm) that I am otherwise legally
1705	registered and entitled to vote.
1706	...(Signature of voter whose address of legal residence has
1707	changed)...
1708	(b)  An elector whose change of address is from outside the
1709	county may not change his or her legal residence at the polling
1710	place and vote a regular ballot; however, such elector is
1711	entitled to vote a provisional ballot.
1712	(c)(b)  An elector whose name changes because of marriage
1713	or other legal process may be permitted to vote, provided such
1714	elector completes an affirmation in substantially the following
1715	form:
1716	Change of Name of Registered
1717	Voter
1718	Under penalties for false swearing, I, ...(New name of
1719	voter)..., swear (or affirm) that my name has been changed
1720	because of marriage or other legal process. My former name and
1721	address of legal residence appear on the registration records of
1722	precinct .... as follows:
1723	Name
1724	Address
1725	Municipality
1726	County
1727	Florida, Zip
1728	My present name and address of legal residence are as follows:
1729	Name
1730	Address
1731	Municipality
1732	County
1733	Florida, Zip
1734	and I further swear (or affirm) that I am otherwise legally
1735	registered and entitled to vote.
1736	...(Signature of voter whose name has changed)...
1737	(d)(c)  Instead of the affirmation contained in paragraph
1738	(a) or paragraph (c) (b), an elector may complete a voter
1739	registration application that indicates the change of name or
1740	change of address of legal residence.
1741	(e)(d)  Such affirmation or application, when completed and
1742	presented at the precinct in which such elector is entitled to
1743	vote, and upon verification of the elector's registration, shall
1744	entitle such elector to vote as provided in this subsection. If
1745	the elector's eligibility to vote cannot be determined, he or
1746	she shall be entitled to vote a provisional ballot, subject to
1747	the requirements and procedures in s. 101.048. Upon receipt of
1748	an affirmation or application certifying a change in address of
1749	legal residence or name, the supervisor shall as soon as
1750	practicable make the necessary changes in the statewide voter
1751	registration system to indicate the change in address of legal
1752	residence or name of such elector.
1753	Section 24.  Subsection (2) of section 101.131, Florida
1754	Statutes, is amended, and subsections (4) and (5) are added to
1755	that section, to read:
1756	101.131  Watchers at polls.-
1757	(2)  Each party, each political committee, and each
1758	candidate requesting to have poll watchers shall designate, in
1759	writing to the supervisor of elections, on a form prescribed by
1760	the division, before prior to noon of the second Tuesday
1761	preceding the election poll watchers for each polling room on
1762	election day. Designations of poll watchers for early voting
1763	areas shall be submitted in writing to the supervisor of
1764	elections, on a form prescribed by the division, before noon at
1765	least 14 days before early voting begins. The poll watchers for
1766	each polling rooms room shall be approved by the supervisor of
1767	elections on or before the Tuesday before the election. Poll
1768	watchers for early voting areas shall be approved by the
1769	supervisor of elections no later than 7 days before early voting
1770	begins. The supervisor shall furnish to each election board a
1771	list of the poll watchers designated and approved for such
1772	polling rooms room or early voting areas area. Designation of
1773	poll watchers shall be made by the chair of the county executive
1774	committee of a political party, the chair of a political
1775	committee, or the candidate requesting to have poll watchers.
1776	(4)  All poll watchers shall be allowed to enter and watch
1777	polls in all polling rooms and early voting areas within the
1778	county in which they have been designated if the number of poll
1779	watchers at any particular polling place does not exceed the
1780	number provided in this section.
1781	(5)  The supervisor of elections shall provide to each
1782	designated poll watcher, no later than 7 days before early
1783	voting begins, a poll watcher identification badge that
1784	identifies the poll watcher by name. Each poll watcher shall
1785	wear his or her identification badge while in the polling room
1786	or early voting area.
1787	Section 25.  Subsections (1), (2), and (3) of section
1788	101.151, Florida Statutes, are amended to read:
1789	101.151  Specifications for ballots.-
1790	(1)(a)  Marksense ballots shall be printed on paper of such
1791	thickness that the printing cannot be distinguished from the
1792	back and shall meet the specifications of the voting system that
1793	will be used to tabulate the ballots.
1794	(b)  Early voting sites may employ a ballot-on-demand
1795	production system to print individual marksense ballots,
1796	including provisional ballots, for eligible electors pursuant to
1797	s. 101.657. Ballot-on-demand technology may be used to produce
1798	marksense absentee and election day ballots. Not later than 30
1799	days before an election, the Secretary of State may also
1800	authorize in writing the use of ballot-on-demand technology for
1801	the production of election-day ballots.
1802	(2)(a)  The ballot shall have the following office titles
1803	headings under which shall appear the names of the offices and
1804	the names of the candidates for the respective offices in the
1805	following order:
1806	1.  The office titles of heading "President and Vice
1807	President" and thereunder the names of the candidates for
1808	President and Vice President of the United States nominated by
1809	the political party that received the highest vote for Governor
1810	in the last general election of the Governor in this state. Then
1811	shall appear the names of other candidates for President and
1812	Vice President of the United States who have been properly
1813	nominated.
1814	2.  The office titles Then shall follow the heading
1815	"Congressional" and thereunder the offices of United States
1816	Senator and Representative in Congress.;
1817	3.  The office titles then the heading "State" and
1818	thereunder the offices of Governor and Lieutenant Governor;,
1819	Attorney General;, Chief Financial Officer;, Commissioner of
1820	Agriculture;, State Attorney, with the applicable judicial
1821	circuit; and Public Defender, with the applicable judicial
1822	circuit.
1823	4.  together with the names of the candidates for each
1824	office and the title of the office which they seek; then the
1825	heading "Legislative" and thereunder The office titles offices
1826	of State Senator and State Representative, with the applicable
1827	district for the office printed beneath.; then the heading
1828	"County" and thereunder
1829	5.  The office titles of Clerk of the Circuit Court, or
1830	Clerk of the Circuit Court and Comptroller (whichever is
1831	applicable and when authorized by law), Clerk of the County
1832	Court (when authorized by law), Sheriff, Property Appraiser, Tax
1833	Collector, District Superintendent of Schools, and Supervisor of
1834	Elections.
1835	6.  The office titles Thereafter follows: members of the
1836	Board of County Commissioners with the applicable district
1837	printed beneath each office, and such other county and district
1838	offices as are involved in the election, in the order fixed by
1839	the Department of State, followed, in the year of their
1840	election, by "Party Offices," and thereunder the offices of
1841	state and county party executive committee members.
1842	(b)  In a general election, in addition to the names
1843	printed on the ballot, a blank space shall be provided under
1844	each heading for an office for which a write-in candidate has
1845	qualified. With respect to write-in candidates, if two or more
1846	candidates are seeking election to one office, only one blank
1847	space shall be provided.
1848	(c)(b)  When more than one candidate is nominated for
1849	office, the candidates for such office shall qualify and run in
1850	a group or district, and the group or district number shall be
1851	printed beneath the name of the office. Each nominee of a
1852	political party chosen in a primary shall appear on the general
1853	election ballot in the same numbered group or district as on the
1854	primary election ballot.
1855	(d)(c)  If in any election all the offices as set forth in
1856	paragraph (a) are not involved, those offices not to be filled
1857	shall be omitted and the remaining offices shall be arranged on
1858	the ballot in the order named.
1859	(3)(a)  The names of the candidates of the party that
1860	received the highest number of votes for Governor in the last
1861	election in which a Governor was elected shall be placed first
1862	under the heading for each office on the general election
1863	ballot, together with an appropriate abbreviation of the party
1864	name; the names of the candidates of the party that received the
1865	second highest vote for Governor shall be placed second under
1866	the heading for each office, together with an appropriate
1867	abbreviation of the party name.
1868	(b)  Minor political party candidates and candidates with
1869	no party affiliation shall have their names appear on the
1870	general election ballot following the names of recognized
1871	political parties, in the same order as they were qualified,
1872	followed by the names of candidates with no party affiliation,
1873	in the order as they were qualified certified.
1874	Section 26.  Paragraph (a) of subsection (2) of section
1875	101.5605, Florida Statutes, is amended to read:
1876	101.5605  Examination and approval of equipment.-
1877	(2)(a)  Any person owning or interested in an electronic or
1878	electromechanical voting system may submit it to the Department
1879	of State for examination. The vote counting segment shall be
1880	certified after a satisfactory evaluation testing has been
1881	performed according to s. 101.015(1) electronic industry
1882	standards. This testing shall include, but is not limited to,
1883	testing of all software required for the voting system's
1884	operation; the ballot reader; the rote processor, especially in
1885	its logic and memory components; the digital printer; the fail-
1886	safe operations; the counting center environmental requirements;
1887	and the equipment reliability estimate. For the purpose of
1888	assisting in examining the system, the department shall employ
1889	or contract for services of at least one individual who is
1890	expert in one or more fields of data processing, mechanical
1891	engineering, and public administration and shall require from
1892	the individual a written report of his or her examination.
1893	Section 27.  Subsection (11) of section 101.5606, Florida
1894	Statutes, is amended to read:
1895	101.5606  Requirements for approval of systems.-No
1896	electronic or electromechanical voting system shall be approved
1897	by the Department of State unless it is so constructed that:
1898	(11)  It is capable of automatically producing precinct
1899	totals in printed, marked, or punched form, or a combination
1900	thereof.
1901	Section 28.  Subsection (4) is added to section 101.56075,
1902	Florida Statutes, to read:
1903	101.56075  Voting methods.-
1904	(4)  By December 31, 2013, all voting systems utilized by
1905	voters during a state election shall permit placement on the
1906	ballot of the full text of a constitutional amendment containing
1907	stricken or underlined text.
1908	Section 29.  Paragraph (a) of subsection (4) of section
1909	101.5612, Florida Statutes, is amended to read:
1910	101.5612  Testing of tabulating equipment.-
1911	(4)(a)1.  For electronic or electromechanical voting
1912	systems configured to include electronic or electromechanical
1913	tabulation devices which are distributed to the precincts, all
1914	or a sample of the devices to be used in the election shall be
1915	publicly tested. If a sample is to be tested, the sample shall
1916	consist of a random selection of at least 5 percent or 10 of the
1917	devices for an optical scan system or 2 percent of the devices
1918	for a touchscreen system or 10 of the devices for either system,
1919	as applicable, whichever is greater. For touchscreen systems
1920	used for voters with disabilities, a sample of at least 2
1921	percent of the devices must be tested. The test shall be
1922	conducted by processing a group of ballots, causing the device
1923	to output results for the ballots processed, and comparing the
1924	output of results to the results expected for the ballots
1925	processed. The group of ballots shall be produced so as to
1926	record a predetermined number of valid votes for each candidate
1927	and on each measure and to include for each office one or more
1928	ballots which have activated voting positions in excess of the
1929	number allowed by law in order to test the ability of the
1930	tabulating device to reject such votes.
1931	2.  If any tested tabulating device is found to have an
1932	error in tabulation, it shall be deemed unsatisfactory. For each
1933	device deemed unsatisfactory, the canvassing board shall take
1934	steps to determine the cause of the error, shall attempt to
1935	identify and test other devices that could reasonably be
1936	expected to have the same error, and shall test a number of
1937	additional devices sufficient to determine that all devices are
1938	satisfactory. Upon deeming any device unsatisfactory, the
1939	canvassing board may require all devices to be tested or may
1940	declare that all devices are unsatisfactory.
1941	3.  If the operation or output of any tested tabulation
1942	device, such as spelling or the order of candidates on a report,
1943	is in error, such problem shall be reported to the canvassing
1944	board. The canvassing board shall then determine if the reported
1945	problem warrants its deeming the device unsatisfactory.
1946	Section 30.  Subsection (4) of section 101.5614, Florida
1947	Statutes, is amended to read:
1948	101.5614  Canvass of returns.-
1949	(4)  If ballot cards are used, and separate write-in
1950	ballots or envelopes for casting write-in votes are used, write-
1951	in ballots or the envelopes on which write-in ballots have been
1952	cast shall be serially numbered, starting with the number one,
1953	and the same number shall be placed on the ballot card of the
1954	voter. This process may be completed at either the precinct by
1955	the election board or at the central counting location. For each
1956	ballot or ballot image and ballot envelope on which write-in
1957	votes have been cast, the canvassing board shall compare the
1958	write-in votes with the votes cast on the ballot card.; If the
1959	total number of votes for any office exceeds the number allowed
1960	by law, a notation to that effect, specifying the office
1961	involved, shall be entered on the back of the ballot card or in
1962	a margin if voting areas are printed on both sides of the ballot
1963	card. such votes shall not be counted. All valid votes shall be
1964	tallied by the canvassing board.
1965	Section 31.  Subsection (6) is added to section 101.591,
1966	Florida Statutes, to read:
1967	101.591  Voting system audit.-
1968	(6)  If a manual recount is undertaken pursuant to s.
1969	102.166, the canvassing board is not required to perform the
1970	audit provided for in this section.
1971	Section 32.  Paragraphs (a) and (b) of subsection (1) and
1972	subsections (3) and (4) of section 101.62, Florida Statutes, are
1973	amended to read:
1974	101.62  Request for absentee ballots.-
1975	(1)(a)  The supervisor shall accept a request for an
1976	absentee ballot from an elector in person or in writing. One
1977	request shall be deemed sufficient to receive an absentee ballot
1978	for all elections through the end of the calendar year of the
1979	next two regularly scheduled general elections election, unless
1980	the elector or the elector's designee indicates at the time the
1981	request is made the elections for which the elector desires to
1982	receive an absentee ballot. Such request may be considered
1983	canceled when any first-class mail sent by the supervisor to the
1984	elector is returned as undeliverable.
1985	(b)  The supervisor may accept a written or telephonic
1986	request for an absentee ballot from the elector, or, if directly
1987	instructed by the elector, a member of the elector's immediate
1988	family, or the elector's legal guardian. For purposes of this
1989	section, the term "immediate family" has the same meaning as
1990	specified in paragraph (4)(c)(b). The person making the request
1991	must disclose:
1992	1.  The name of the elector for whom the ballot is
1993	requested.
1994	2.  The elector's address.
1995	3.  The elector's date of birth.
1996	4.  The requester's name.
1997	5.  The requester's address.
1998	6.  The requester's driver's license number, if available.
1999	7.  The requester's relationship to the elector.
2000	8.  The requester's signature (written requests only).
2001	(3)  For each request for an absentee ballot received, the
2002	supervisor shall record the date the request was made, the date
2003	the absentee ballot was delivered to the voter or the voter's
2004	designee or the date the absentee ballot was delivered to the
2005	post office or other carrier, the date the ballot was received
2006	by the supervisor, and such other information he or she may deem
2007	necessary. This information shall be provided in electronic
2008	format as provided by rule adopted by the division. The
2009	information shall be updated and made available no later than 8
2010	a.m. noon of each day, including weekends, beginning 60 days
2011	before the primary until 15 days after the general election and
2012	shall be contemporaneously provided to the division. This
2013	information shall be confidential and exempt from the provisions
2014	of s. 119.07(1) and shall be made available to or reproduced
2015	only for the voter requesting the ballot, a canvassing board, an
2016	election official, a political party or official thereof, a
2017	candidate who has filed qualification papers and is opposed in
2018	an upcoming election, and registered political committees or
2019	registered committees of continuous existence, for political
2020	purposes only.
2021	(4)(a)  No later than 45 days before each presidential
2022	preference primary election, primary election, and general
2023	election, the supervisor of elections shall send an absentee
2024	ballot as provided in subparagraph (c)2. (b)2. to each absent
2025	uniformed services voter and to each overseas voter who has
2026	requested an absentee ballot.
2027	(b)  The supervisor of elections shall mail an absentee
2028	ballot to each absent qualified voter, other than those listed
2029	in paragraph (a), who has requested such a ballot, between the
2030	35th and 28th days before the presidential preference primary
2031	election, primary election, and general election. Except as
2032	otherwise provided in subsection (2) and after the period
2033	described in this paragraph, the supervisor shall mail absentee
2034	ballots within 2 business days after receiving a request for
2035	such a ballot.
2036	(c)(b)  The supervisor shall provide an absentee ballot to
2037	each elector by whom a request for that ballot has been made by
2038	one of the following means:
2039	1.  By nonforwardable, return-if-undeliverable mail to the
2040	elector's current mailing address on file with the supervisor or
2041	, unless the elector specifies in the request that:
2042	a.  The elector is absent from the county and does not plan
2043	to return before the day of the election;
2044	b.  The elector is temporarily unable to occupy the
2045	residence because of hurricane, tornado, flood, fire, or other
2046	emergency or natural disaster; or
2047	c.  The elector is in a hospital, assisted living facility,
2048	nursing home, short-term medical or rehabilitation facility, or
2049	correctional facility,
2050
2051	in which case the supervisor shall mail the ballot by
2052	nonforwardable, return-if-undeliverable mail to any other
2053	address the elector specifies in the request.
2054	2.  By forwardable mail, e-mail, or facsimile machine
2055	transmission to absent uniformed services voters and overseas
2056	voters. The absent uniformed services voter or overseas voter
2057	may designate in the absentee ballot request the preferred
2058	method of transmission. If the voter does not designate the
2059	method of transmission, the absentee ballot shall be mailed.
2060	3.  By personal delivery before 7 p.m. on election day to
2061	the elector, upon presentation of the identification required in
2062	s. 101.043.
2063	4.  By delivery to a designee on election day or up to 5
2064	days prior to the day of an election. Any elector may designate
2065	in writing a person to pick up the ballot for the elector;
2066	however, the person designated may not pick up more than two
2067	absentee ballots per election, other than the designee's own
2068	ballot, except that additional ballots may be picked up for
2069	members of the designee's immediate family. For purposes of this
2070	section, "immediate family" means the designee's spouse or the
2071	parent, child, grandparent, or sibling of the designee or of the
2072	designee's spouse. The designee shall provide to the supervisor
2073	the written authorization by the elector and a picture
2074	identification of the designee and must complete an affidavit.
2075	The designee shall state in the affidavit that the designee is
2076	authorized by the elector to pick up that ballot and shall
2077	indicate if the elector is a member of the designee's immediate
2078	family and, if so, the relationship. The department shall
2079	prescribe the form of the affidavit. If the supervisor is
2080	satisfied that the designee is authorized to pick up the ballot
2081	and that the signature of the elector on the written
2082	authorization matches the signature of the elector on file, the
2083	supervisor shall give the ballot to that designee for delivery
2084	to the elector.
2085	Section 33.  Section 101.65, Florida Statutes, is amended
2086	to read:
2087	101.65  Instructions to absent electors.-The supervisor
2088	shall enclose with each absentee ballot separate printed
2089	instructions in substantially the following form:
2090
2091	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
2092	1.  VERY IMPORTANT. In order to ensure that your absentee
2093	ballot will be counted, it should be completed and returned as
2094	soon as possible so that it can reach the supervisor of
2095	elections of the county in which your precinct is located no
2096	later than 7 p.m. on the day of the election.
2097	2.  Mark your ballot in secret as instructed on the ballot.
2098	You must mark your own ballot unless you are unable to do so
2099	because of blindness, disability, or inability to read or write.
2100	3.  Mark only the number of candidates or issue choices for
2101	a race as indicated on the ballot. If you are allowed to "Vote
2102	for One" candidate and you vote for more than one candidate,
2103	your vote in that race will not be counted.
2104	4.  Place your marked ballot in the enclosed secrecy
2105	envelope.
2106	5.  Insert the secrecy envelope into the enclosed mailing
2107	envelope which is addressed to the supervisor.
2108	6.  Seal the mailing envelope and completely fill out the
2109	Voter's Certificate on the back of the mailing envelope.
2110	7.  VERY IMPORTANT. In order for your absentee ballot to be
2111	counted, you must sign your name on the line above (Voter's
2112	Signature). An absentee ballot will be considered illegal and
2113	will not be counted if the signature on the voter's certificate
2114	does not match the signature on record. The signature on file at
2115	the start of the canvass of the absentee ballots is the
2116	signature that will be used to verify your signature on the
2117	voter's certificate. If you need to update your signature for
2118	this election, send your signature update on a voter
2119	registration application to your supervisor of elections so that
2120	it is received no later than the start of the canvassing of
2121	absentee ballots, which occurs no earlier than the 15th day
2122	before election day.
2123	8.  VERY IMPORTANT. If you are an overseas voter, you must
2124	include the date you signed the Voter's Certificate on the line
2125	above (Date) or your ballot may not be counted.
2126	9.  Mail, deliver, or have delivered the completed mailing
2127	envelope. Be sure there is sufficient postage if mailed.
2128	10.  FELONY NOTICE. It is a felony under Florida law to
2129	accept any gift, payment, or gratuity in exchange for your vote
2130	for a candidate. It is also a felony under Florida law to vote
2131	in an election using a false identity or false address, or under
2132	any other circumstances making your ballot false or fraudulent.
2133	Section 34.  Paragraph (a) of subsection (2) of section
2134	101.68, Florida Statutes, is amended to read:
2135	101.68  Canvassing of absentee ballot.-
2136	(2)(a)  The county canvassing board may begin the
2137	canvassing of absentee ballots at 7 a.m. on the 15th sixth day
2138	before the election, but not later than noon on the day
2139	following the election. In addition, for any county using
2140	electronic tabulating equipment, the processing of absentee
2141	ballots through such tabulating equipment may begin at 7 a.m. on
2142	the 15th sixth day before the election. However, notwithstanding
2143	any such authorization to begin canvassing or otherwise
2144	processing absentee ballots early, no result shall be released
2145	until after the closing of the polls in that county on election
2146	day. Any supervisor of elections, deputy supervisor of
2147	elections, canvassing board member, election board member, or
2148	election employee who releases the results of a canvassing or
2149	processing of absentee ballots prior to the closing of the polls
2150	in that county on election day commits a felony of the third
2151	degree, punishable as provided in s. 775.082, s. 775.083, or s.
2152	775.084.
2153	Section 35.  Subsection (2) of section 101.6923, Florida
2154	Statutes, is amended to read:
2155	101.6923  Special absentee ballot instructions for certain
2156	first-time voters.-
2157	(2)  A voter covered by this section shall be provided with
2158	printed instructions with his or her absentee ballot in
2159	substantially the following form:
2160
2161	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
2162	FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
2163	TO COUNT.
2164
2165	1.  In order to ensure that your absentee ballot will be
2166	counted, it should be completed and returned as soon as possible
2167	so that it can reach the supervisor of elections of the county
2168	in which your precinct is located no later than 7 p.m. on the
2169	date of the election.
2170	2.  Mark your ballot in secret as instructed on the ballot.
2171	You must mark your own ballot unless you are unable to do so
2172	because of blindness, disability, or inability to read or write.
2173	3.  Mark only the number of candidates or issue choices for
2174	a race as indicated on the ballot. If you are allowed to "Vote
2175	for One" candidate and you vote for more than one, your vote in
2176	that race will not be counted.
2177	4.  Place your marked ballot in the enclosed secrecy
2178	envelope and seal the envelope.
2179	5.  Insert the secrecy envelope into the enclosed envelope
2180	bearing the Voter's Certificate. Seal the envelope and
2181	completely fill out the Voter's Certificate on the back of the
2182	envelope.
2183	a.  You must sign your name on the line above (Voter's
2184	Signature).
2185	b.  If you are an overseas voter, you must include the date
2186	you signed the Voter's Certificate on the line above (Date) or
2187	your ballot may not be counted.
2188	c.  An absentee ballot will be considered illegal and will
2189	not be counted if the signature on the voter's certificate does
2190	not match the signature on record. The signature on file at the
2191	start of the canvass of the absentee ballots is the signature
2192	that will be used to verify your signature on the voter's
2193	certificate. If you need to update your signature for this
2194	election, send your signature update on a voter registration
2195	application to your supervisor of elections so that it is
2196	received no later than the start of canvassing of absentee
2197	ballots, which occurs no earlier than the 15th day before
2198	election day.
2199	6.  Unless you meet one of the exemptions in Item 7., you
2200	must make a copy of one of the following forms of
2201	identification:
2202	a.  Identification which must include your name and
2203	photograph: United States passport; debit or credit card;
2204	military identification; student identification; retirement
2205	center identification; neighborhood association identification;
2206	or public assistance identification; or
2207	b.  Identification which shows your name and current
2208	residence address: current utility bill, bank statement,
2209	government check, paycheck, or government document (excluding
2210	voter identification card).
2211	7.  The identification requirements of Item 6. do not apply
2212	if you meet one of the following requirements:
2213	a.  You are 65 years of age or older.
2214	b.  You have a temporary or permanent physical disability.
2215	c.  You are a member of a uniformed service on active duty
2216	who, by reason of such active duty, will be absent from the
2217	county on election day.
2218	d.  You are a member of the Merchant Marine who, by reason
2219	of service in the Merchant Marine, will be absent from the
2220	county on election day.
2221	e.  You are the spouse or dependent of a member referred to
2222	in paragraph c. or paragraph d. who, by reason of the active
2223	duty or service of the member, will be absent from the county on
2224	election day.
2225	f.  You are currently residing outside the United States.
2226	8.  Place the envelope bearing the Voter's Certificate into
2227	the mailing envelope addressed to the supervisor. Insert a copy
2228	of your identification in the mailing envelope. DO NOT PUT YOUR
2229	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2230	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2231	BALLOT WILL NOT COUNT.
2232	9.  Mail, deliver, or have delivered the completed mailing
2233	envelope. Be sure there is sufficient postage if mailed.
2234	10.  FELONY NOTICE. It is a felony under Florida law to
2235	accept any gift, payment, or gratuity in exchange for your vote
2236	for a candidate. It is also a felony under Florida law to vote
2237	in an election using a false identity or false address, or under
2238	any other circumstances making your ballot false or fraudulent.
2239	Section 36.  Subsection (3) of section 101.75, Florida
2240	Statutes, is amended to read:
2241	101.75  Municipal elections; change of dates for cause.-
2242	(3)  Notwithstanding any provision of local law or
2243	municipal charter, the governing body of a municipality may, by
2244	ordinance, move the date of any municipal election to a date
2245	concurrent with any statewide or countywide election. The dates
2246	for qualifying for the election moved by the passage of such
2247	ordinance shall be specifically provided for in the ordinance
2248	and shall run for no less than 14 days. The term of office for
2249	any elected municipal official shall commence as provided by the
2250	relevant municipal charter or ordinance.
2251	Section 37.  Subsection (4) of section 102.031, Florida
2252	Statutes, is amended to read:
2253	102.031  Maintenance of good order at polls; authorities;
2254	persons allowed in polling rooms and early voting areas;
2255	unlawful solicitation of voters.-
2256	(4)(a)  A No person, political committee, committee of
2257	continuous existence, or other group or organization may not
2258	solicit voters inside the polling place or within 100 feet of
2259	the entrance to any polling place, or polling room where the
2260	polling place is also a polling room, or early voting site.
2261	(b)  A person, political committee, committee of continuous
2262	existence, or other group or organization may not solicit voters
2263	who are standing in line to enter any polling place, polling
2264	room, or early voting site.
2265	(c)  Before the opening of the polling place or early
2266	voting site, the clerk or supervisor shall designate the no-
2267	solicitation zone and mark the boundaries and shall post a sign
2268	stating that no one may solicit a person standing in line to
2269	vote.
2270	(d)(b)  For the purpose of this subsection, whether in
2271	person or by means of audio or visual equipment, the terms
2272	"solicit" or "solicitation" shall include, but not be limited
2273	to, seeking or attempting to seek any vote, fact, opinion, or
2274	contribution; distributing or attempting to distribute any
2275	political or campaign material, leaflet, or handout; conducting
2276	a poll except as specified in this paragraph; seeking or
2277	attempting to seek a signature on any petition; offering voting
2278	or legal advice regarding voting or ballots; and selling or
2279	attempting to sell any item. The terms "solicit" or
2280	"solicitation" shall not be construed to prohibit exit polling.
2281	(e)(c)  Each supervisor of elections shall inform the clerk
2282	of the area within which soliciting is unlawful, based on the
2283	particular characteristics of that polling place. The supervisor
2284	or the clerk may take any reasonable action necessary to ensure
2285	order at the polling places, including, but not limited to,
2286	having disruptive and unruly persons removed by law enforcement
2287	officers from the polling room or place or from the 100-foot
2288	zone surrounding the polling place.
2289	Section 38.  Subsection (4) of section 102.141, Florida
2290	Statutes, is amended to read:
2291	102.141  County canvassing board; duties.-
2292	(4)  The canvassing board shall report all early voting and
2293	all tabulated absentee results to the Department of State within
2294	30 minutes after the polls close. Thereafter, the canvassing
2295	board shall report, with the exception of provisional ballot
2296	results, updated precinct election results to the department at
2297	least every 45 minutes until all results are completely
2298	reported. The supervisor of elections shall notify the
2299	department immediately of any circumstances that do not permit
2300	periodic updates as required. Results shall be submitted in a
2301	format prescribed by the department submit by 11:59 p.m. on
2302	election night the preliminary returns it has received to the
2303	Department of State in a format provided by the department.
2304	Section 39.  Subsection (4) of section 102.168, Florida
2305	Statutes, is amended, and subsection (8) is added to that
2306	section, to read:
2307	102.168  Contest of election.-
2308	(4)  The county canvassing board responsible for canvassing
2309	the election is an indispensable and proper party defendant in
2310	county and local elections.; The Elections Canvassing Commission
2311	is an indispensable and proper party defendant in federal,
2312	state, and multicounty elections and in elections for justice of
2313	the Supreme Court, judge of a district court of appeal, and
2314	judge of a circuit court. races; and The successful candidate is
2315	an indispensable party to any action brought to contest the
2316	election or nomination of a candidate.
2317	(8)  In any contest that requires a review of a canvassing
2318	board's decision that an absentee ballot is illegal under s.
2319	101.68, because the signature of the elector on the voter's
2320	certificate is not the signature of the elector in the
2321	registration records, the circuit court may not look at or
2322	consider any evidence beyond the elector's signature on the
2323	voter's certificate and in the registration records. The court's
2324	review of the issue shall be to determine only if the canvassing
2325	board abused its discretion in making its decision.
2326	Section 40.  Subsection (4) of section 103.021, Florida
2327	Statutes, is amended to read:
2328	103.021  Nomination for presidential electors.-Candidates
2329	for presidential electors shall be nominated in the following
2330	manner:
2331	(4)(a)  A minor political party that is affiliated with a
2332	national party holding a national convention to nominate
2333	candidates for President and Vice President of the United States
2334	may have the names of its candidates for President and Vice
2335	President of the United States printed on the general election
2336	ballot by filing with the Department of State a certificate
2337	naming the candidates for President and Vice President and
2338	listing the required number of persons to serve as electors.
2339	Notification to the Department of State under this subsection
2340	shall be made by September 1 of the year in which the election
2341	is held. When the Department of State has been so notified, it
2342	shall order the names of the candidates nominated by the minor
2343	political party to be included on the ballot and shall permit
2344	the required number of persons to be certified as electors in
2345	the same manner as other party candidates. As used in this
2346	section, the term "national party" means a political party that
2347	is registered with and recognized as a qualified national
2348	committee of a political party by the Federal Election
2349	Commission established and admitted to the ballot in at least
2350	one state other than Florida.
2351	(b)  A minor political party that is not affiliated with a
2352	national party holding a national convention to nominate
2353	candidates for President and Vice President of the United States
2354	may have the names of its candidates for President and Vice
2355	President printed on the general election ballot if a petition
2356	is signed by a number of electors in each of one half of the
2357	congressional districts of the state, and of the state as a
2358	whole, equal to 4 percent of the votes cast in each of such
2359	districts respectively and in the state as a whole in the last
2360	preceding election in which presidential electors were chosen 1
2361	percent of the registered electors of this state, as shown by
2362	the compilation by the Department of State for the preceding
2363	general election. A separate petition from each county for which
2364	signatures are solicited shall be submitted to the supervisors
2365	of elections of the respective county no later than July 15 of
2366	each presidential election year. The supervisor shall check the
2367	names and, on or before the date of the primary election, shall
2368	certify the number shown as registered electors of the county.
2369	The supervisor shall be paid by the person requesting the
2370	certification the cost of checking the petitions as prescribed
2371	in s. 99.097. The supervisor shall then forward the certificate
2372	to the Department of State, which shall determine whether or not
2373	the percentage factor required in this section has been met.
2374	When the percentage factor required in this section has been
2375	met, the Department of State shall order the names of the
2376	candidates for whom the petition was circulated to be included
2377	on the ballot and shall permit the required number of persons to
2378	be certified as electors in the same manner as other party
2379	candidates.
2380	Section 41.  Section 103.095, Florida Statutes, is created
2381	to read:
2382	103.095  Minor political parties.-
2383	(1)  Any group of citizens organized for the general
2384	purposes of electing to office qualified persons and determining
2385	public issues under the democratic processes of the United
2386	States may become a minor political party of this state by
2387	filing with the department a certificate showing the name of the
2388	organization, the names and addresses of its current officers,
2389	including the members of its executive committee, accompanied by
2390	a completed uniform statewide voter registration application as
2391	specified in s. 97.052 for each of its current officers and
2392	members of its executive committee which reflect their
2393	affiliation with the proposed minor political party, and a copy
2394	of its constitution, bylaws, and rules and regulations.
2395	(2)  All electors registered to vote in the minor political
2396	party in which he or she has so designated has a fundamental
2397	right to fully and meaningfully participate in the business and
2398	affairs of the minor political party without any monetary
2399	encumbrance. The constitution, bylaws, rules, regulations, or
2400	other equivalent documents must reflect this fundamental right
2401	and must provide for and contain reasonable provisions which at
2402	a minimum must prescribe procedures to: prescribe its
2403	membership, conduct its meetings according to generally accepted
2404	parliamentary practices, timely notify its members as to the
2405	time, date, and place of all of its meetings, timely publish
2406	notice on its public and functioning website as to the time,
2407	date, and place of all of its meetings, elect its officers,
2408	remove its officers, make party nominations when required by
2409	law, conduct campaigns for party nominees, raise and expend
2410	party funds, select delegates to its national convention, select
2411	presidential electors, and alter or amend all of its governing
2412	documents.
2413	(3)  The members of the executive committee must elect a
2414	chair, vice chair, secretary, and treasurer, all of whom shall
2415	be members of the minor political party and no member may hold
2416	more than one office, except that one person may hold the
2417	offices of secretary and treasurer.
2418	(4)  Upon approval of the minor political party's filing,
2419	the department shall process the voter registration applications
2420	submitted by the minor political party's officers and members of
2421	its executive committee. It shall be the duty of the minor
2422	political party to notify the department of any changes in the
2423	filing certificate within 5 days after such changes.
2424	(5)  The Division of Elections shall adopt rules to
2425	prescribe the manner in which political parties, including minor
2426	political parties, may have their filings with the Department of
2427	State canceled. Such rules shall, at a minimum, provide for:
2428	(a)  Notice, which must contain the facts and conduct that
2429	warrant the intended action, including, but not limited to, the
2430	failure to have any voters registered in the party, the failure
2431	to notify the department of replacement officers, and the
2432	failure to file campaign finance reports, the failure to adopt
2433	or file with the department all governing documents containing
2434	the provisions specified in subsection (2), and limited
2435	activity.
2436	(b)  Adequate opportunity to respond.
2437	(c)  Appeal of the decision to the Florida Elections
2438	Commission. Such appeals are exempt from the confidentiality
2439	provisions of s. 106.25.
2440	(6)  The requirements of this section are retroactive for
2441	any minor political party registered with the department on July
2442	1, 2011, and must be complied with within 180 days after the
2443	department provides notice to the minor political party of the
2444	requirements contained in this section. Failure of the minor
2445	political party to comply with the requirements within 180 days
2446	after receipt of the notice shall automatically result in the
2447	cancellation of the minor political party's registration.
2448	Section 42.  Subsections (1) and (2) of section 103.101,
2449	Florida Statutes, are amended to read:
2450	103.101  Presidential preference primary.-
2451	(1)(a)  There shall be a Presidential Preference Primary
2452	Date Selection Committee composed of the Secretary of State, who
2453	shall be a nonvoting chair; three members, no more than two of
2454	whom may be from the same political party, appointed by the
2455	Governor; three members, no more than two of whom may be from
2456	the same political party, appointed by the Speaker of the House
2457	of Representatives; and three members, no more than two of whom
2458	may be from the same political party, appointed by the President
2459	of the Senate. No later than October 1 of the year preceding the
2460	presidential preference primary, the committee shall meet and
2461	set a date for the presidential preference primary. The date
2462	selected may be no earlier than the first Tuesday in January and
2463	no later than the first Tuesday in March in the year of the
2464	presidential preference primary. The presidential preference
2465	primary shall be held in each year the number of which is a
2466	multiple of four.
2467	(b)  Each political party other than a minor political
2468	party shall, on the date selected by the Presidential Preference
2469	Primary Date Selection Committee last Tuesday in January in each
2470	year the number of which is a multiple of 4, elect one person to
2471	be the candidate for nomination of such party for President of
2472	the United States or select delegates to the national nominating
2473	convention, as provided by party rule.
2474	(2)(a)  There shall be a Presidential Candidate Selection
2475	Committee composed of the Secretary of State, who shall be a
2476	nonvoting chair; the Speaker of the House of Representatives;
2477	the President of the Senate; the minority leader of each house
2478	of the Legislature; and the chair of each political party
2479	required to have a presidential preference primary under this
2480	section.
2481	(b)  By October 31 of the year preceding the presidential
2482	preference primary, each political party shall submit to the
2483	Secretary of State a list of its presidential candidates to be
2484	placed on the presidential preference primary ballot or
2485	candidates entitled to have delegates appear on the presidential
2486	preference primary ballot. The Secretary of State shall prepare
2487	and publish a list of the names of the presidential candidates
2488	submitted not later than on the first Tuesday after the first
2489	Monday in November of the year preceding the presidential
2490	preference primary. The Secretary of State shall submit such
2491	list of names of presidential candidates to the selection
2492	committee on the first Tuesday after the first Monday in
2493	November of the year preceding the presidential preference
2494	primary. Each person designated as a presidential candidate
2495	shall have his or her name appear, or have his or her delegates'
2496	names appear, on the presidential preference primary ballot
2497	unless all committee members of the same political party as the
2498	candidate agree to delete such candidate's name from the ballot.
2499	(c)  The selection committee shall meet in Tallahassee on
2500	the first Tuesday after the first Monday in November of the year
2501	preceding the presidential preference primary. The selection
2502	committee shall publicly announce and submit to the Department
2503	of State no later than 5 p.m. on the following day the names of
2504	presidential candidates who shall have their names appear, or
2505	who are entitled to have their delegates' names appear, on the
2506	presidential preference primary ballot. The Department of State
2507	shall immediately notify each presidential candidate listed
2508	designated by the Secretary of State committee. Such
2509	notification shall be in writing, by registered mail, with
2510	return receipt requested.
2511	Section 43.  Section 103.141, Florida Statutes, is amended
2512	to read:
2513	103.141  Removal of county executive committee member for
2514	violation of oath.-
2515	(1)  If Where the county executive committee by at least a
2516	two-thirds majority vote of the members of the committee,
2517	attending a meeting held after due notice has been given and at
2518	which meeting a quorum is present, determines an incumbent
2519	county executive committee member is to be guilty of an offense
2520	involving a violation of the member's oath of office, the said
2521	member so violating his or her oath shall be removed from office
2522	and the office shall be deemed vacant. Provided, However, if the
2523	county committee wrongfully removes a county committee member
2524	and the committee member so wrongfully removed files suit in the
2525	circuit court alleging his or her removal was wrongful and wins
2526	the said suit, the committee member shall be restored to office
2527	and the county committee shall pay the costs incurred by the
2528	wrongfully removed committee member in bringing the suit,
2529	including reasonable attorney's fees.
2530	(2)  Any officer, county committeeman, county
2531	committeewoman, precinct committeeman, precinct committeewoman,
2532	or member of a county executive committee may be removed from
2533	office pursuant to s. 103.161.
2534	Section 44.  Section 104.29, Florida Statutes, is amended
2535	to read:
2536	104.29  Inspectors refusing to allow watchers while ballots
2537	are counted.-The inspectors or other election officials at the
2538	polling place shall, after the polls close at all times while
2539	the ballots are being counted, allow as many as three persons
2540	near to them to see whether the ballots are being correctly
2541	reconciled. read and called and the votes correctly tallied, and
2542	Any official who denies this privilege or interferes therewith
2543	commits is guilty of a misdemeanor of the first degree,
2544	punishable as provided in s. 775.082 or s. 775.083.
2545	Section 45.  Subsection (3), paragraph (a) of subsection
2546	(4), paragraph (b) of subsection (5), subsection (15), and
2547	paragraph (c) of subsection (16) of section 106.011, Florida
2548	Statutes, are amended to read:
2549	106.011  Definitions.-As used in this chapter, the
2550	following terms have the following meanings unless the context
2551	clearly indicates otherwise:
2552	(3)  "Contribution" means:
2553	(a)  A gift, subscription, conveyance, deposit, loan,
2554	payment, or distribution of money or anything of value,
2555	including contributions in kind having an attributable monetary
2556	value in any form, made for the purpose of influencing the
2557	results of an election or making an electioneering
2558	communication.
2559	(b)  A transfer of funds between political committees,
2560	between committees of continuous existence, between
2561	electioneering communications organizations, or between any
2562	combination of these groups.
2563	(c)  The payment, by any person other than a candidate or
2564	political committee, of compensation for the personal services
2565	of another person which are rendered to a candidate or political
2566	committee without charge to the candidate or committee for such
2567	services.
2568	(d)  The transfer of funds by a campaign treasurer or
2569	deputy campaign treasurer between a primary depository and a
2570	separate interest-bearing account or certificate of deposit, and
2571	the term includes any interest earned on such account or
2572	certificate.
2573
2574	Notwithstanding the foregoing meanings of "contribution," the
2575	word shall not be construed to include services, including, but
2576	not limited to, legal and accounting services, provided without
2577	compensation by individuals volunteering a portion or all of
2578	their time on behalf of a candidate or political committee,
2579	funds received under s. 106.012, or. This definition shall not
2580	be construed to include editorial endorsements.
2581	(4)(a)  "Expenditure" means a purchase, payment,
2582	distribution, loan, advance, transfer of funds by a campaign
2583	treasurer or deputy campaign treasurer between a primary
2584	depository and a separate interest-bearing account or
2585	certificate of deposit, or gift of money or anything of value
2586	made for the purpose of influencing the results of an election
2587	or making an electioneering communication. However,
2588	"expenditure" does not include funds spent under s. 106.012 or a
2589	purchase, payment, distribution, loan, advance, or gift of money
2590	or anything of value made for the purpose of influencing the
2591	results of an election when made by an organization, in
2592	existence prior to the time during which a candidate qualifies
2593	or an issue is placed on the ballot for that election, for the
2594	purpose of printing or distributing such organization's
2595	newsletter, containing a statement by such organization in
2596	support of or opposition to a candidate or issue, which
2597	newsletter is distributed only to members of such organization.
2598	(5)
2599	(b)  An expenditure for the purpose of expressly advocating
2600	the election or defeat of a candidate which is made by the
2601	national, state, or county executive committee of a political
2602	party, including any subordinate committee of a national, state,
2603	or county committee of a political party, or by any political
2604	committee or committee of continuous existence, or any other
2605	person, shall not be considered an independent expenditure if
2606	the committee or person:
2607	1.  Communicates with the candidate, the candidate's
2608	campaign, or an agent of the candidate acting on behalf of the
2609	candidate, including any pollster, media consultant, advertising
2610	agency, vendor, advisor, or staff member, concerning the
2611	preparation of, use of, or payment for, the specific expenditure
2612	or advertising campaign at issue; or
2613	2.  Makes a payment in cooperation, consultation, or
2614	concert with, at the request or suggestion of, or pursuant to
2615	any general or particular understanding with the candidate, the
2616	candidate's campaign, a political committee supporting the
2617	candidate, or an agent of the candidate relating to the specific
2618	expenditure or advertising campaign at issue; or
2619	3.  Makes a payment for the dissemination, distribution, or
2620	republication, in whole or in part, of any broadcast or any
2621	written, graphic, or other form of campaign material prepared by
2622	the candidate, the candidate's campaign, or an agent of the
2623	candidate, including any pollster, media consultant, advertising
2624	agency, vendor, advisor, or staff member; or
2625	4.  Makes a payment based on information about the
2626	candidate's plans, projects, or needs communicated to a member
2627	of the committee or person by the candidate or an agent of the
2628	candidate, provided the committee or person uses the information
2629	in any way, in whole or in part, either directly or indirectly,
2630	to design, prepare, or pay for the specific expenditure or
2631	advertising campaign at issue; or
2632	5.  After the last day of the qualifying period prescribed
2633	for the candidate for statewide or legislative office, consults
2634	about the candidate's plans, projects, or needs in connection
2635	with the candidate's pursuit of election to office and the
2636	information is used in any way to plan, create, design, or
2637	prepare an independent expenditure or advertising campaign,
2638	with:
2639	a.  Any officer, director, employee, or agent of a
2640	national, state, or county executive committee of a political
2641	party that has made or intends to make expenditures in
2642	connection with or contributions to the candidate; or
2643	b.  Any person whose professional services have been
2644	retained by a national, state, or county executive committee of
2645	a political party that has made or intends to make expenditures
2646	in connection with or contributions to the candidate; or
2647	6.  After the last day of the qualifying period prescribed
2648	for the candidate for statewide or legislative office, retains
2649	the professional services of any person also providing those
2650	services to the candidate in connection with the candidate's
2651	pursuit of election to office; or
2652	7.  Arranges, coordinates, or directs the expenditure, in
2653	any way, with the candidate or an agent of the candidate.
2654	(15)  "Unopposed candidate" means a candidate for
2655	nomination or election to an office who, after the last day on
2656	which any person, including a write-in candidate, may qualify,
2657	is without opposition in the election at which the office is to
2658	be filled or who is without such opposition after such date as a
2659	result of any primary election or of withdrawal by other
2660	candidates seeking the same office. A candidate is not an
2661	unopposed candidate if there is a vacancy to be filled under s.
2662	100.111(3) s. 100.111(4), if there is a legal proceeding pending
2663	regarding the right to a ballot position for the office sought
2664	by the candidate, or if the candidate is seeking retention as a
2665	justice or judge.
2666	(16)  "Candidate" means any person to whom any one or more
2667	of the following apply:
2668	(c)  Any person who receives contributions or makes
2669	expenditures, or consents for any other person to receive
2670	contributions or make expenditures, with a view to bring about
2671	his or her nomination or election to, or retention in, public
2672	office. Expenditures related to potential candidate polls as
2673	provided in s. 106.17 are not contributions or expenditures for
2674	purposes of this subsection.
2675
2676	However, this definition does not include any candidate for a
2677	political party executive committee.
2678	Section 46.  Section 106.012, Florida Statutes, is created
2679	to read:
2680	106.012  Testing the waters.-
2681	(1)  Funds received and spent solely for the purpose of
2682	determining whether an individual should become a candidate are
2683	not contributions and expenditures. Examples of activities
2684	permissible under this exemption include, but are not limited
2685	to, conducting a poll, telephone calls, and travel. Funds
2686	permissible under this chapter may only be used for such
2687	activities. The individual shall retain records of all such
2688	funds received and spent. If the individual subsequently becomes
2689	a candidate, the funds received are contributions and the funds
2690	spent are expenditures subject to the reporting requirements of
2691	this chapter. The contributions and expenditures must be
2692	reported with the initial report required by s. 106.07,
2693	regardless of the date the funds were received or spent.
2694	(2)  The exemption provided in subsection (1) does not
2695	apply to funds received or spent for activities indicating that
2696	an individual has decided to become a candidate for a particular
2697	office or for activities relevant to conducting a campaign.
2698	Examples of activities that indicate that an individual has
2699	decided to become a candidate include, but are not limited to:
2700	(a)  The individual uses general political advertising to
2701	publicize his or her intent to campaign for office.
2702	(b)  The individual raises funds in excess of what could
2703	reasonably be expected to be used for exploratory activities or
2704	undertakes activities designed to amass campaign funds that
2705	would be spent after he or she becomes a candidate.
2706	(c)  The individual makes or authorizes written or oral
2707	statements that refer to him or her as a candidate for office.
2708	(d)  The individual conducts activities in close proximity
2709	to the election or over a protracted period of time.
2710	(e)  The individual takes action to qualify for office
2711	under s. 99.061.
2712	(3)  Individuals are limited to receiving up to $10,000 for
2713	determining whether to become a candidate for office under this
2714	section. An individual may only determine whether to become a
2715	candidate for a single office.
2716	Section 47.  Subsection (3) of section 106.021, Florida
2717	Statutes, is amended to read:
2718	106.021  Campaign treasurers; deputies; primary and
2719	secondary depositories.-
2720	(3)  No contribution or expenditure, including
2721	contributions or expenditures of a candidate or of the
2722	candidate's family, shall be directly or indirectly made or
2723	received in furtherance of the candidacy of any person for
2724	nomination or election to political office in the state or on
2725	behalf of any political committee except through the duly
2726	appointed campaign treasurer of the candidate or political
2727	committee, subject to the following exceptions:
2728	(a)  Independent expenditures;
2729	(b)  Reimbursements to a candidate or any other individual
2730	for expenses incurred in connection with the campaign or
2731	activities of the political committee by a check drawn upon the
2732	campaign account and reported pursuant to s. 106.07(4). After
2733	July 1, 2004, The full name and address of each person to whom
2734	the candidate or other individual made payment for which
2735	reimbursement was made by check drawn upon the campaign account
2736	shall be reported pursuant to s. 106.07(4), together with the
2737	purpose of such payment;
2738	(c)  Expenditures made indirectly through a treasurer for
2739	goods or services, such as communications media placement or
2740	procurement services, campaign signs, insurance, or other
2741	expenditures that include multiple integral components as part
2742	of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
2743	or
2744	(d)  Expenditures made directly by any political committee
2745	or political party regulated by chapter 103 for obtaining time,
2746	space, or services in or by any communications medium for the
2747	purpose of jointly endorsing three or more candidates, and any
2748	such expenditure shall not be considered a contribution or
2749	expenditure to or on behalf of any such candidates for the
2750	purposes of this chapter.
2751	Section 48.  Section 106.022, Florida Statutes, is amended
2752	to read:
2753	106.022  Appointment of a registered agent; duties.-
2754	(1)  Each political committee, committee of continuous
2755	existence, or electioneering communications organization shall
2756	have and continuously maintain in this state a registered office
2757	and a registered agent and must file with the filing officer
2758	division a statement of appointment for the registered office
2759	and registered agent. The statement of appointment must:
2760	(a)  Provide the name of the registered agent and the
2761	street address and phone number for the registered office;
2762	(b)  Identify the entity for whom the registered agent
2763	serves;
2764	(c)  Designate the address the registered agent wishes to
2765	use to receive mail;
2766	(d)  Include the entity's undertaking to inform the filing
2767	officer division of any change in such designated address;
2768	(e)  Provide for the registered agent's acceptance of the
2769	appointment, which must confirm that the registered agent is
2770	familiar with and accepts the obligations of the position as set
2771	forth in this section; and
2772	(f)  Contain the signature of the registered agent and the
2773	entity engaging the registered agent.
2774	(2)  An entity may change its appointment of registered
2775	agent and registered office under this section by executing a
2776	written statement of change and filing it with the filing
2777	officer. The statement must satisfy that identifies the former
2778	registered agent and registered address and also satisfies all
2779	of the requirements of subsection (1).
2780	(3)  A registered agent may resign his or her appointment
2781	as registered agent by executing a written statement of
2782	resignation and filing it with the filing officer division. An
2783	entity without a registered agent may not make expenditures or
2784	accept contributions until it files a written statement of
2785	change as required in subsection (2).
2786	Section 49.  Subsection (1) of section 106.023, Florida
2787	Statutes, is amended to read:
2788	106.023  Statement of candidate.-
2789	(1)  Each candidate must file a statement with the
2790	qualifying officer within 10 days after filing the appointment
2791	of campaign treasurer and designation of campaign depository,
2792	stating that the candidate has read and understands the
2793	requirements of this chapter. Such statement shall be provided
2794	by the filing officer and shall be in substantially the
2795	following form:
2796	STATEMENT OF CANDIDATE
2797	I, ...., candidate for the office of ...., have been
2798	provided access to received, read, and understand the
2799	requirements of Chapter 106, Florida Statutes.
2800	...(Signature of candidate)...     ...(Date)...
2801	Willful failure to file this form is a violation of ss.
2802	106.19(1)(c) and 106.25(3), F.S.
2803	Section 50.  Paragraph (c) of subsection (1) of section
2804	106.025, Florida Statutes, is amended to read:
2805	106.025  Campaign fund raisers.-
2806	(1)
2807	(c)  Any tickets or advertising for such a campaign fund
2808	raiser is exempt from the requirements of s. 106.143 shall
2809	contain the following statement: "The purchase of a ticket for,
2810	or a contribution to, the campaign fund raiser is a contribution
2811	to the campaign of ...(name of the candidate for whose benefit
2812	the campaign fund raiser is held)...." Such tickets or
2813	advertising shall also comply with other provisions of this
2814	chapter relating to political advertising.
2815	Section 51.  Subsection (1) of section 106.03, Florida
2816	Statutes, is amended to read:
2817	106.03  Registration of political committees and
2818	electioneering communications organizations.-
2819	(1)(a)  Each political committee that receives anticipates
2820	receiving contributions or makes making expenditures during a
2821	calendar year in an aggregate amount exceeding $500 or that
2822	seeks is seeking the signatures of registered electors in
2823	support of an initiative shall file a statement of organization
2824	as provided in subsection (3) within 10 days after its
2825	organization or, if later, within 10 days after the date on
2826	which it has information that causes the committee to anticipate
2827	that it will receive contributions or make expenditures in
2828	excess of $500. If a political committee is organized within 10
2829	days of any election, it shall immediately file the statement of
2830	organization required by this section.
2831	(b)1.  Each group electioneering communications
2832	organization that receives contributions or makes expenditures
2833	during a calendar year in an aggregate amount exceeding $5,000
2834	shall file a statement of organization as an electioneering
2835	communications organization provided in subparagraph 2. by
2836	expedited delivery within 24 hours after its organization or, if
2837	later, within 24 hours after the date on which it receives
2838	contributions or makes expenditures for an electioneering
2839	communication in excess of $5,000, if such expenditures are made
2840	within the timeframes specified in s. 106.011(18)(a)2. If the
2841	group makes expenditures for an electioneering communication in
2842	excess of $5,000 before the timeframes specified in s.
2843	106.011(18)(a)2., it shall file the statement of organization
2844	within 24 hours after the 30th day before a primary or special
2845	primary election, or within 24 hours after the 60th day before
2846	any other election, whichever is applicable.
2847	2.a.  In a statewide, legislative, or multicounty election,
2848	an electioneering communications organization shall file a
2849	statement of organization with the Division of Elections.
2850	b.  In a countywide election or any election held on less
2851	than a countywide basis, except as described in sub-subparagraph
2852	c., an electioneering communications organization shall file a
2853	statement of organization with the supervisor of elections of
2854	the county in which the election is being held.
2855	c.  In a municipal election, an electioneering
2856	communications organization shall file a statement of
2857	organization with the officer before whom municipal candidates
2858	qualify.
2859	d.  Any electioneering communications organization that
2860	would be required to file a statement of organization in two or
2861	more locations by reason of the organization's intention to
2862	support or oppose candidates at state or multicounty and local
2863	levels of government need only file a statement of organization
2864	with the Division of Elections.
2865	Section 52.  Subsection (4) of section 106.04, Florida
2866	Statutes, is amended, present subsections (7) and (8) are
2867	amended and renumbered as subsections (8) and (9), respectively,
2868	and a new subsection (7) is added to that section, to read:
2869	106.04  Committees of continuous existence.-
2870	(4)(a)  Each committee of continuous existence shall file
2871	an annual report with the Division of Elections during the month
2872	of January. Such annual reports shall contain the same
2873	information and shall be accompanied by the same materials as
2874	original applications filed pursuant to subsection (2). However,
2875	the charter or bylaws need not be filed if the annual report is
2876	accompanied by a sworn statement by the chair that no changes
2877	have been made to such charter or bylaws since the last filing.
2878	(b)1.  Each committee of continuous existence shall file
2879	regular reports with the Division of Elections at the same times
2880	and subject to the same filing conditions as are established by
2881	s. 106.07(1) and (2) for candidates' reports.
2882	2.  A committee of continuous existence that makes a
2883	contribution to or an expenditure on behalf of a candidate in a
2884	county or municipal election that is not being held at the same
2885	time as a state or federal election must file campaign finance
2886	reports with the county or municipal filing officer on the same
2887	dates as county or municipal candidates or committees for that
2888	election. The committee of continuous existence must also
2889	include the contribution or expenditure in the next report filed
2890	with the Division of Elections pursuant to this section after
2891	the county or municipal election.
2892	3.2.  Any committee of continuous existence failing to so
2893	file a report with the Division of Elections or applicable
2894	filing officer pursuant to this paragraph on the designated due
2895	date shall be subject to a fine for late filing as provided by
2896	this section.
2897	(c)  All committees of continuous existence shall file
2898	their reports with the Division of Elections. Reports shall be
2899	filed in accordance with s. 106.0705 and shall contain the
2900	following information:
2901	1.  The full name, address, and occupation of each person
2902	who has made one or more contributions, including contributions
2903	that represent the payment of membership dues, to the committee
2904	during the reporting period, together with the amounts and dates
2905	of such contributions. For corporations, the report must provide
2906	as clear a description as practicable of the principal type of
2907	business conducted by the corporation. However, if the
2908	contribution is $100 or less, the occupation of the contributor
2909	or principal type of business need not be listed. However, for
2910	any contributions that represent the payment of dues by members
2911	in a fixed amount aggregating no more than $250 per calendar
2912	year, pursuant to the schedule on file with the Division of
2913	Elections, only the aggregate amount of such contributions need
2914	be listed, together with the number of members paying such dues
2915	and the amount of the membership dues.
2916	2.  The name and address of each political committee or
2917	committee of continuous existence from which the reporting
2918	committee received, or the name and address of each political
2919	committee, committee of continuous existence, or political party
2920	to which it made, any transfer of funds, together with the
2921	amounts and dates of all transfers.
2922	3.  Any other receipt of funds not listed pursuant to
2923	subparagraph 1. or subparagraph 2., including the sources and
2924	amounts of all such funds.
2925	4.  The name and address of, and office sought by, each
2926	candidate to whom the committee has made a contribution during
2927	the reporting period, together with the amount and date of each
2928	contribution.
2929	5.  The full name and address of each person to whom
2930	expenditures have been made by or on behalf of the committee
2931	within the reporting period; the amount, date, and purpose of
2932	each such expenditure; and the name and address, and office
2933	sought by, each candidate on whose behalf such expenditure was
2934	made.
2935	6.  The full name and address of each person to whom an
2936	expenditure for personal services, salary, or reimbursement for
2937	authorized expenses has been made, including the full name and
2938	address of each entity to whom the person made payment for which
2939	reimbursement was made by check drawn upon the committee
2940	account, together with the amount and purpose of such payment.
2941	7.  Transaction information from each credit card purchase
2942	statement that will be included in the next report following
2943	receipt thereof by the committee. Receipts for each credit card
2944	purchase shall be retained by the treasurer with the records for
2945	the committee account.
2946	8.  The total sum of expenditures made by the committee
2947	during the reporting period.
2948	(d)  The treasurer of each committee shall certify as to
2949	the correctness of each report and shall bear the responsibility
2950	for its accuracy and veracity. Any treasurer who willfully
2951	certifies to the correctness of a report while knowing that such
2952	report is incorrect, false, or incomplete commits a misdemeanor
2953	of the first degree, punishable as provided in s. 775.082 or s.
2954	775.083.
2955	(7)  Any change in information previously submitted to the
2956	division shall be reported within 10 days after the change.
2957	(8)(7)  If a committee of continuous existence ceases to
2958	meet the criteria prescribed by subsection (1), the Division of
2959	Elections shall revoke its certification until such time as the
2960	criteria are again met. The Division of Elections shall adopt
2961	promulgate rules to prescribe the manner in which the such
2962	certification of a committee of continuous existence shall be
2963	revoked. Such rules shall, at a minimum, provide for:
2964	(a)  Notice, which must shall contain the facts and conduct
2965	that warrant the intended action.
2966	(b)  Adequate opportunity to respond.
2967	(c)  Appeal of the decision to the Florida Elections
2968	Commission. Such appeals are shall be exempt from the
2969	confidentiality provisions of s. 106.25.
2970	(9)(8)(a)  Any committee of continuous existence failing to
2971	file a report on the designated due date is shall be subject to
2972	a fine. The fine shall be $50 per day for the first 3 days late
2973	and, thereafter, $500 per day for each late day, not to exceed
2974	25 percent of the total receipts or expenditures, whichever is
2975	greater, for the period covered by the late report. However, for
2976	the reports immediately before each primary and general
2977	election, including a special primary election and a special
2978	general election, the fine shall be $500 per day for each late
2979	day, not to exceed 25 percent of the total receipts or
2980	expenditures, whichever is greater, for the period covered by
2981	the late report. The fine shall be assessed by the filing
2982	officer, and the moneys collected shall be deposited into:
2983	1.  In The General Revenue Fund, in the case of fines
2984	collected by the Division of Elections.
2985	2.  The general revenue fund of the political subdivision,
2986	in the case of fines collected by a county or municipal filing
2987	officer.
2988
2989	A No separate fine may not shall be assessed for failure to file
2990	a copy of any report required by this section.
2991	(b)  Upon determining that a report is late, the filing
2992	officer shall immediately notify the treasurer of the committee
2993	or the committee's registered agent as to the failure to file a
2994	report by the designated due date and that a fine is being
2995	assessed for each late day. Upon receipt of the report, the
2996	filing officer shall determine the amount of fine which is due
2997	and shall notify the treasurer of the committee. Notice is
2998	deemed complete upon proof of delivery of written notice to the
2999	mailing or street address on record with the filing officer. The
3000	filing officer shall determine the amount of the fine due based
3001	upon the earliest of the following:
3002	1.  When the report is actually received by such officer.
3003	2.  When the report is postmarked.
3004	3.  When the certificate of mailing is dated.
3005	4.  When the receipt from an established courier company is
3006	dated.
3007
3008	Such fine shall be paid to the filing officer within 20 days
3009	after receipt of the notice of payment due, unless appeal is
3010	made to the Florida Elections Commission pursuant to paragraph
3011	(c). An officer or member of a committee is shall not be
3012	personally liable for such fine.
3013	(c)  Any treasurer of a committee may appeal or dispute the
3014	fine, based upon unusual circumstances surrounding the failure
3015	to file on the designated due date, and may request and is shall
3016	be entitled to a hearing before the Florida Elections
3017	Commission, which may shall have the authority to waive the fine
3018	in whole or in part. Any such request must shall be made within
3019	20 days after receipt of the notice of payment due. In such
3020	case, the treasurer of The committee shall file a copy of the
3021	appeal with, within the 20-day period, notify the filing officer
3022	in writing of his or her intention to bring the matter before
3023	the commission.
3024	(d)  The filing officer shall notify the Florida Elections
3025	Commission of the repeated late filing by a committee of
3026	continuous existence, the failure of a committee of continuous
3027	existence to file a report after notice, or the failure to pay
3028	the fine imposed.
3029	Section 53.  Section 106.07, Florida Statutes, is amended
3030	to read:
3031	106.07  Reports; certification and filing.-
3032	(1)  Each campaign treasurer designated by a candidate or
3033	political committee pursuant to s. 106.021 shall file regular
3034	reports of all contributions received, and all expenditures
3035	made, by or on behalf of such candidate or political committee.
3036	Except for the third calendar quarter immediately before a
3037	general election, reports shall be filed on the 10th day
3038	following the end of each calendar quarter from the time the
3039	campaign treasurer is appointed, except that, if the 10th day
3040	following the end of a calendar quarter occurs on a Saturday,
3041	Sunday, or legal holiday, the report shall be filed on the next
3042	following day which is not a Saturday, Sunday, or legal holiday.
3043	Quarterly reports shall include all contributions received and
3044	expenditures made during the calendar quarter which have not
3045	otherwise been reported pursuant to this section.
3046	(a)  Except as provided in paragraph (b), following the
3047	last day of qualifying for office, the reports shall also be
3048	filed on the 32nd, 18th, and 4th days immediately preceding the
3049	primary and on the 46th, 32nd, 18th, and 4th days immediately
3050	preceding the election, for a candidate who is opposed in
3051	seeking nomination or election to any office, for a political
3052	committee, or for a committee of continuous existence.
3053	(b)  Following the last day of qualifying for office, Any
3054	statewide candidate who has requested to receive contributions
3055	pursuant to from the Florida Election Campaign Financing Act
3056	Trust Fund or any statewide candidate in a race with a candidate
3057	who has requested to receive contributions pursuant to from the
3058	act trust fund shall also file reports on the 4th, 11th, 18th,
3059	25th, and 32nd days prior to the primary election, and on the
3060	4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior to
3061	the general election.
3062	(c)  Following the last day of qualifying for office, any
3063	unopposed candidate need only file a report within 90 days after
3064	the date such candidate became unopposed. Such report shall
3065	contain all previously unreported contributions and expenditures
3066	as required by this section and shall reflect disposition of
3067	funds as required by s. 106.141.
3068	(d)1.  When a special election is called to fill a vacancy
3069	in office, all political committees and committees of continuous
3070	existence making contributions or expenditures to influence the
3071	results of such special election or the preceding special
3072	primary election shall file campaign treasurers' reports with
3073	the filing officer on the dates set by the Department of State
3074	pursuant to s. 100.111.
3075	2.  When an election is called for an issue to appear on
3076	the ballot at a time when no candidates are scheduled to appear
3077	on the ballot, all political committees making contributions or
3078	expenditures in support of or in opposition to such issue shall
3079	file reports on the 18th and 4th days prior to such election.
3080	(e)  The filing officer shall provide each candidate with a
3081	schedule designating the beginning and end of reporting periods
3082	as well as the corresponding designated due dates.
3083	(2)(a)1.  All reports required of a candidate by this
3084	section shall be filed with the officer before whom the
3085	candidate is required by law to qualify. All candidates who file
3086	with the Department of State shall file their reports pursuant
3087	to s. 106.0705. Except as provided in s. 106.0705, reports shall
3088	be filed not later than 5 p.m. of the day designated; however,
3089	any report postmarked by the United States Postal Service no
3090	later than midnight of the day designated shall be deemed to
3091	have been filed in a timely manner. Any report received by the
3092	filing officer within 5 days after the designated due date that
3093	was delivered by the United States Postal Service shall be
3094	deemed timely filed unless it has a postmark that indicates that
3095	the report was mailed after the designated due date. A
3096	certificate of mailing obtained from and dated by the United
3097	States Postal Service at the time of mailing, or a receipt from
3098	an established courier company, which bears a date on or before
3099	the date on which the report is due, shall be proof of mailing
3100	in a timely manner. Reports shall contain information of all
3101	previously unreported contributions received and expenditures
3102	made as of the preceding Friday, except that the report filed on
3103	the Friday immediately preceding the election shall contain
3104	information of all previously unreported contributions received
3105	and expenditures made as of the day preceding that designated
3106	due date. All such reports shall be open to public inspection.
3107	2.  This subsection does not prohibit the governing body of
3108	a political subdivision, by ordinance or resolution, from
3109	imposing upon its own officers and candidates electronic filing
3110	requirements not in conflict with s. 106.0705. Expenditure of
3111	public funds for such purpose is deemed to be for a valid public
3112	purpose.
3113	(b)1.  Any report that which is deemed to be incomplete by
3114	the officer with whom the candidate qualifies shall be accepted
3115	on a conditional basis., and The campaign treasurer shall be
3116	notified by certified registered mail or by another method using
3117	a common carrier that provides a proof of delivery of the notice
3118	as to why the report is incomplete and within 7 be given 3 days
3119	after from receipt of such notice must to file an addendum to
3120	the report providing all information necessary to complete the
3121	report in compliance with this section. Failure to file a
3122	complete report after such notice constitutes a violation of
3123	this chapter.
3124	2.  Notice is deemed complete upon proof of delivery of a
3125	written notice to the mailing or street address of the campaign
3126	treasurer or registered agent of record with the filing officer.
3127	In lieu of the notice by registered mail as required in
3128	subparagraph 1., the qualifying officer may notify the campaign
3129	treasurer by telephone that the report is incomplete and request
3130	the information necessary to complete the report. If, however,
3131	such information is not received by the qualifying officer
3132	within 3 days after the telephone request therefor, notice shall
3133	be sent by registered mail as provided in subparagraph 1.
3134	(3)(a)  Reports required of a political committee shall be
3135	filed with the agency or officer before whom such committee
3136	registers pursuant to s. 106.03(3) and shall be subject to the
3137	same filing conditions as established for candidates' reports.
3138	Incomplete reports by political committees shall be treated in
3139	the manner provided for incomplete reports by candidates in
3140	subsection (2).
3141	(b)  In addition to the reports required under paragraph
3142	(a), a political committee that is registered with the
3143	Department of State and that makes a contribution to or an
3144	expenditure on behalf of a candidate in a county or municipal
3145	election that is not being held at the same time as a state or
3146	federal election must file campaign finance reports with the
3147	county or municipal filing officer on the same filing dates
3148	required of a county or municipal candidate or committee for
3149	that election. The political committee must also include such
3150	contribution or expenditure in the next report filed with the
3151	Division of Elections pursuant to this section after the county
3152	or municipal election.
3153	(4)(a)  Each report required by this section must shall
3154	contain:
3155	1.  The full name, address, and occupation, if any of each
3156	person who has made one or more contributions to or for such
3157	committee or candidate within the reporting period, together
3158	with the amount and date of such contributions. For
3159	corporations, the report must provide as clear a description as
3160	practicable of the principal type of business conducted by the
3161	corporation. However, if the contribution is $100 or less or is
3162	from a relative, as defined in s. 112.312, provided that the
3163	relationship is reported, the occupation of the contributor or
3164	the principal type of business need not be listed.
3165	2.  The name and address of each political committee from
3166	which the reporting committee or the candidate received, or to
3167	which the reporting committee or candidate made, any transfer of
3168	funds, together with the amounts and dates of all transfers.
3169	3.  Each loan for campaign purposes to or from any person
3170	or political committee within the reporting period, together
3171	with the full names, addresses, and occupations, and principal
3172	places of business, if any, of the lender and endorsers, if any,
3173	and the date and amount of such loans.
3174	4.  A statement of each contribution, rebate, refund, or
3175	other receipt not otherwise listed under subparagraphs 1.
3176	through 3.
3177	5.  The total sums of all loans, in-kind contributions, and
3178	other receipts by or for such committee or candidate during the
3179	reporting period. The reporting forms shall be designed to
3180	elicit separate totals for in-kind contributions, loans, and
3181	other receipts.
3182	6.  The full name and address of each person to whom
3183	expenditures have been made by or on behalf of the committee or
3184	candidate within the reporting period; the amount, date, and
3185	purpose of each such expenditure; and the name and address of,
3186	and office sought by, each candidate on whose behalf such
3187	expenditure was made. However, expenditures made from the petty
3188	cash fund provided by s. 106.12 need not be reported
3189	individually.
3190	7.  The full name and address of each person to whom an
3191	expenditure for personal services, salary, or reimbursement for
3192	authorized expenses as provided in s. 106.021(3) has been made
3193	and which is not otherwise reported, including the amount, date,
3194	and purpose of such expenditure. However, expenditures made from
3195	the petty cash fund provided for in s. 106.12 need not be
3196	reported individually. Receipts for reimbursement for authorized
3197	expenses shall be retained by the treasurer with the records for
3198	the campaign account.
3199	8.  The total amount withdrawn and the total amount spent
3200	for petty cash purposes pursuant to this chapter during the
3201	reporting period.
3202	9.  The total sum of expenditures made by such committee or
3203	candidate during the reporting period.
3204	10.  The amount and nature of debts and obligations owed by
3205	or to the committee or candidate, which relate to the conduct of
3206	any political campaign.
3207	11.  Transaction information for each credit card purchase.
3208	A copy of each credit card statement which shall be included in
3209	the next report following receipt thereof by the candidate or
3210	political committee. Receipts for each credit card purchase
3211	shall be retained by the treasurer with the records for the
3212	campaign account.
3213	12.  The amount and nature of any separate interest-bearing
3214	accounts or certificates of deposit and identification of the
3215	financial institution in which such accounts or certificates of
3216	deposit are located.
3217	13.  The primary purposes of an expenditure made indirectly
3218	through a campaign treasurer pursuant to s. 106.021(3) for goods
3219	and services such as communications media placement or
3220	procurement services, campaign signs, insurance, and other
3221	expenditures that include multiple components as part of the
3222	expenditure. The primary purpose of an expenditure shall be that
3223	purpose, including integral and directly related components,
3224	that comprises 80 percent of such expenditure.
3225	(b)  The filing officer shall make available to any
3226	candidate or committee a reporting form which the candidate or
3227	committee may use to indicate contributions received by the
3228	candidate or committee but returned to the contributor before
3229	deposit.
3230	(5)  The candidate and his or her campaign treasurer, in
3231	the case of a candidate, or the political committee chair and
3232	campaign treasurer of the committee, in the case of a political
3233	committee, shall certify as to the correctness of each report;
3234	and each person so certifying shall bear the responsibility for
3235	the accuracy and veracity of each report. Any campaign
3236	treasurer, candidate, or political committee chair who willfully
3237	certifies the correctness of any report while knowing that such
3238	report is incorrect, false, or incomplete commits a misdemeanor
3239	of the first degree, punishable as provided in s. 775.082 or s.
3240	775.083.
3241	(6)  The campaign depository shall return all checks drawn
3242	on the account to the campaign treasurer who shall retain the
3243	records pursuant to s. 106.06. The records maintained by the
3244	campaign depository with respect to any campaign account
3245	regulated by this chapter are such account shall be subject to
3246	inspection by an agent of the Division of Elections or the
3247	Florida Elections Commission at any time during normal banking
3248	hours, and such depository shall furnish certified copies of any
3249	of such records to the Division of Elections or Florida
3250	Elections Commission upon request.
3251	(7)  Notwithstanding any other provisions of this chapter,
3252	in any reporting period during which a candidate, political
3253	committee, or committee of continuous existence has not received
3254	funds, made any contributions, or expended any reportable funds,
3255	the filing of the required report for that period is waived.
3256	However, the next report filed must specify that the report
3257	covers the entire period between the last submitted report and
3258	the report being filed, and any candidate, political committee,
3259	or committee of continuous existence not reporting by virtue of
3260	this subsection on dates prescribed elsewhere in this chapter
3261	shall notify the filing officer in writing on the prescribed
3262	reporting date that no report is being filed on that date.
3263	(8)(a)  Any candidate or political committee failing to
3264	file a report on the designated due date is shall be subject to
3265	a fine as provided in paragraph (b) for each late day, and, in
3266	the case of a candidate, such fine shall be paid only from
3267	personal funds of the candidate. The fine shall be assessed by
3268	the filing officer and the moneys collected shall be deposited:
3269	1.  In the General Revenue Fund, in the case of a candidate
3270	for state office or a political committee that registers with
3271	the Division of Elections; or
3272	2.  In the general revenue fund of the political
3273	subdivision, in the case of a candidate for an office of a
3274	political subdivision or a political committee that registers
3275	with an officer of a political subdivision.
3276
3277	A No separate fine may not shall be assessed for failure to file
3278	a copy of any report required by this section.
3279	(b)  Upon determining that a report is late, the filing
3280	officer shall immediately notify the candidate or chair of the
3281	political committee as to the failure to file a report by the
3282	designated due date and that a fine is being assessed for each
3283	late day. The fine shall be $50 per day for the first 3 days
3284	late and, thereafter, $500 per day for each late day, not to
3285	exceed 25 percent of the total receipts or expenditures,
3286	whichever is greater, for the period covered by the late report.
3287	However, for the reports immediately preceding each special
3288	primary election, special election, primary election, and
3289	general election, the fine shall be $500 per day for each late
3290	day, not to exceed 25 percent of the total receipts or
3291	expenditures, whichever is greater, for the period covered by
3292	the late report. For reports required under s. 106.141(7), the
3293	fine is $50 per day for each late day, not to exceed 25 percent
3294	of the total receipts or expenditures, whichever is greater, for
3295	the period covered by the late report. Upon receipt of the
3296	report, the filing officer shall determine the amount of the
3297	fine which is due and shall notify the candidate or chair or
3298	registered agent of the political committee. The filing officer
3299	shall determine the amount of the fine due based upon the
3300	earliest of the following:
3301	1.  When the report is actually received by such officer.
3302	2.  When the report is postmarked.
3303	3.  When the certificate of mailing is dated.
3304	4.  When the receipt from an established courier company is
3305	dated.
3306	5.  When the electronic receipt issued pursuant to s.
3307	106.0705 or other electronic filing system authorized in this
3308	section is dated.
3309
3310	Such fine shall be paid to the filing officer within 20 days
3311	after receipt of the notice of payment due, unless appeal is
3312	made to the Florida Elections Commission pursuant to paragraph
3313	(c). Notice is deemed complete upon proof of delivery of written
3314	notice to the mailing or street address of record with the
3315	filing officer. In the case of a candidate, such fine shall not
3316	be an allowable campaign expenditure and shall be paid only from
3317	personal funds of the candidate. An officer or member of a
3318	political committee shall not be personally liable for such
3319	fine.
3320	(c)  Any candidate or chair of a political committee may
3321	appeal or dispute the fine, based upon, but not limited to,
3322	unusual circumstances surrounding the failure to file on the
3323	designated due date, and may request and shall be entitled to a
3324	hearing before the Florida Elections Commission, which shall
3325	have the authority to waive the fine in whole or in part. The
3326	Florida Elections Commission must consider the mitigating and
3327	aggravating circumstances contained in s. 106.265(1) when
3328	determining the amount of a fine, if any, to be waived. Any such
3329	request shall be made within 20 days after receipt of the notice
3330	of payment due. In such case, the candidate or chair of the
3331	political committee shall, within the 20-day period, notify the
3332	filing officer in writing of his or her intention to bring the
3333	matter before the commission.
3334	(d)  The appropriate filing officer shall notify the
3335	Florida Elections Commission of the repeated late filing by a
3336	candidate or political committee, the failure of a candidate or
3337	political committee to file a report after notice, or the
3338	failure to pay the fine imposed. The commission shall
3339	investigate only those alleged late filing violations
3340	specifically identified by the filing officer and as set forth
3341	in the notification. Any other alleged violations must be
3342	separately stated and reported by the division to the commission
3343	under s. 106.25(2).
3344	(9)  The Department of State may prescribe by rule the
3345	requirements for filing campaign treasurers' reports as set
3346	forth in this chapter.
3347	Section 54.  Paragraph (c) of subsection (7) and
3348	subsections (8) and (9) of section 106.0703, Florida Statutes,
3349	are amended to read:
3350	106.0703  Electioneering communications organizations;
3351	reporting requirements; certification and filing; penalties.-
3352	(7)
3353	(c)  The treasurer of an electioneering communications
3354	organization may appeal or dispute the fine, based upon, but not
3355	limited to, unusual circumstances surrounding the failure to
3356	file on the designated due date, and may request and shall be
3357	entitled to a hearing before the Florida Elections Commission,
3358	which shall have the authority to waive the fine in whole or in
3359	part. The Florida Elections Commission must consider the
3360	mitigating and aggravating circumstances contained in s.
3361	106.265(1) when determining the amount of a fine, if any, to be
3362	waived. Any such request shall be made within 20 days after
3363	receipt of the notice of payment due. In such case, the
3364	treasurer of the electioneering communications organization
3365	shall, within the 20-day period, notify the filing officer in
3366	writing of his or her intention to bring the matter before the
3367	commission.
3368	(8)  An electioneering communications organization shall,
3369	within 2 days after receiving its initial password or secure
3370	sign-on from the Department of State allowing confidential
3371	access to the department's electronic campaign finance filing
3372	system, electronically file the periodic reports that would have
3373	been required pursuant to this section for reportable activities
3374	that occurred since the date of the last general election.
3375	(8)(9)  Electioneering communications organizations shall
3376	not use credit cards.
3377	Section 55.  Paragraphs (a) and (c) of subsection (2) and
3378	subsections (3) and (7) of section 106.0705, Florida Statutes,
3379	are amended to read:
3380	106.0705  Electronic filing of campaign treasurer's
3381	reports.-
3382	(2)(a)  Each individual candidate who is required to file
3383	reports with the division pursuant to s. 106.07 or s. 106.141
3384	with the division must file such reports with the division by
3385	means of the division's electronic filing system.
3386	(c)  Each person or organization that is required to file
3387	reports with the division under s. 106.071 must file such
3388	reports with the division by means of the division's electronic
3389	filing system.
3390	(3)  Reports filed pursuant to this section shall be
3391	completed and filed through the electronic filing system not
3392	later than midnight of the day designated. Reports not filed by
3393	midnight of the day designated are late filed and are subject to
3394	the penalties under s. 106.04(9) s. 106.04(8), s. 106.07(8), s.
3395	106.0703(7), or s. 106.29(3), as applicable.
3396	(7)  Notwithstanding anything in law to the contrary, any
3397	report required to have been filed under this section for the
3398	period ended March 31, 2005, shall be deemed to have been timely
3399	filed if the report is filed under this section on or before
3400	June 1, 2005.
3401	Section 56.  Subsections (1) and (2) of section 106.071,
3402	Florida Statutes, are amended to read:
3403	106.071  Independent expenditures; electioneering
3404	communications; reports; disclaimers.-
3405	(1)  Each person who makes an independent expenditure with
3406	respect to any candidate or issue, and each individual who makes
3407	an expenditure for an electioneering communication which is not
3408	otherwise reported pursuant to this chapter, which expenditure,
3409	in the aggregate in a calendar year, is in the amount of $5,000
3410	or more, shall file periodic reports of such expenditures in the
3411	same manner, at the same time, subject to the same penalties,
3412	and with the same officer as a political committee supporting or
3413	opposing such candidate or issue. The report shall contain the
3414	full name and address of the person making the expenditure; the
3415	full name and address of each person to whom and for whom each
3416	such expenditure has been made; the amount, date, and purpose of
3417	each such expenditure; a description of the services or goods
3418	obtained by each such expenditure; the issue to which the
3419	expenditure relates; and the name and address of, and office
3420	sought by, each candidate on whose behalf such expenditure was
3421	made.
3422	(2)  A Any political advertisement paid for by an
3423	independent expenditure, other than such an expenditure by an
3424	individual in an aggregate amount of $500, shall prominently
3425	state "Paid political advertisement paid for by ...(Name and
3426	address of person paying for advertisement)... independently of
3427	any ...(candidate or committee)...." However, an independent
3428	expenditure made by an individual must state "Paid political
3429	advertisement independent of any ...(candidate or
3430	committee)...."
3431	Section 57.  Paragraph (c) of subsection (3) and paragraph
3432	(b) of subsection (6) of section 106.08, Florida Statutes, are
3433	amended to read:
3434	106.08  Contributions; limitations on.-
3435	(3)
3436	(c)  With respect to any campaign for an office in which an
3437	independent or minor party candidate has filed as required in s.
3438	99.0955 or s. 99.096, but whose qualification is pending a
3439	determination by the Department of State or supervisor of
3440	elections as to whether or not the required number of petition
3441	signatures was obtained:
3442	1.  The department or supervisor shall, no later than 3
3443	days after that determination has been made, notify in writing
3444	all other candidates for that office of that determination.
3445	2.  Any contribution received by a candidate or the
3446	campaign treasurer or deputy campaign treasurer of a candidate
3447	after the candidate has been notified in writing by the
3448	department or supervisor that he or she has become unopposed as
3449	a result of an independent or minor party candidate failing to
3450	obtain the required number of petition signatures shall be
3451	returned to the person, political committee, or committee of
3452	continuous existence contributing it and shall not be used or
3453	expended by or on behalf of the candidate.
3454	(6)
3455	(b)1.  A political party may not accept any in-kind
3456	contribution that fails to provide a direct benefit to the
3457	political party. A "direct benefit" includes, but is not limited
3458	to, fundraising or furthering the objectives of the political
3459	party.
3460	2.a.  An in-kind contribution to a state political party
3461	may be accepted only by the chairperson of the state political
3462	party or by the chairperson's designee or designees whose names
3463	are on file with the division in a form acceptable to the
3464	division prior to the date of the written notice required in
3465	sub-subparagraph b. An in-kind contribution to a county
3466	political party may be accepted only by the chairperson of the
3467	county political party or by the county chairperson's designee
3468	or designees whose names are on file with the supervisor of
3469	elections of the respective county prior to the date of the
3470	written notice required in sub-subparagraph b.
3471	b.  A person making an in-kind contribution to a state
3472	political party or county political party must provide prior
3473	written notice of the contribution to a person described in sub-
3474	subparagraph a. The prior written notice must be signed and
3475	dated and may be provided by an electronic or facsimile message.
3476	However, prior written notice is not required for an in-kind
3477	contribution that consists of food and beverage in an aggregate
3478	amount not exceeding $1,500 which is consumed at a single
3479	sitting or event if such in-kind contribution is accepted in
3480	advance by a person specified in sub-subparagraph a.
3481	c.  A person described in sub-subparagraph a. may accept an
3482	in-kind contribution requiring prior written notice only in a
3483	writing that is signed and dated before the in-kind contribution
3484	is made. Failure to obtain the required written acceptance of an
3485	in-kind contribution to a state or county political party
3486	constitutes a refusal of the contribution.
3487	d.  A copy of each prior written acceptance required under
3488	sub-subparagraph c. must be filed with the division at the time
3489	the regular reports of contributions and expenditures required
3490	under s. 106.29 are filed by the state executive committee and
3491	county executive committee. A state executive committee and an
3492	affiliated party committee must file with the division. A county
3493	executive committee must file with the county's supervisor of
3494	elections.
3495	e.  An in-kind contribution may not be given to a state or
3496	county political party unless the in-kind contribution is made
3497	as provided in this subparagraph.
3498	Section 58.  Section 106.09, Florida Statutes, is amended
3499	to read:
3500	106.09  Cash contributions and contribution by cashier's
3501	checks.-
3502	(1)(a)  A person may not make an aggregate or accept a cash
3503	contribution or contribution by means of a cashier's check to
3504	the same candidate or committee in excess of $50 per election.
3505	(b)  A person may not accept an aggregate cash contribution
3506	or contribution by means of a cashier's check from the same
3507	contributor in excess of $50 per election.
3508	(2)(a)  Any person who makes or accepts a contribution in
3509	excess of $50 in violation of subsection (1) this section
3510	commits a misdemeanor of the first degree, punishable as
3511	provided in s. 775.082 or s. 775.083.
3512	(b)  Any person who knowingly and willfully makes or
3513	accepts a contribution in excess of $5,000 in violation of
3514	subsection (1) this section commits a felony of the third
3515	degree, punishable as provided in s. 775.082, s. 775.083, or s.
3516	775.084.
3517	Section 59.  Paragraph (b) of subsection (1) and paragraph
3518	(a) of subsection (2) of section 106.11, Florida Statutes, are
3519	amended, and subsection (6) is added to that section, to read:
3520	106.11  Expenses of and expenditures by candidates and
3521	political committees.-Each candidate and each political
3522	committee which designates a primary campaign depository
3523	pursuant to s. 106.021(1) shall make expenditures from funds on
3524	deposit in such primary campaign depository only in the
3525	following manner, with the exception of expenditures made from
3526	petty cash funds provided by s. 106.12:
3527	(1)
3528	(b)  The checks for such account shall contain, as a
3529	minimum, the following information:
3530	1.  The statement "Campaign Account of ...(name of
3531	candidate or political committee) Campaign Account...."
3532	2.  The account number and the name of the bank.
3533	3.  The exact amount of the expenditure.
3534	4.  The signature of the campaign treasurer or deputy
3535	treasurer.
3536	5.  The exact purpose for which the expenditure is
3537	authorized.
3538	6.  The name of the payee.
3539	(2)(a)  For purposes of this section, debit cards are
3540	considered bank checks, if:
3541	1.  Debit cards are obtained from the same bank that has
3542	been designated as the candidate's or political committee's
3543	primary campaign depository.
3544	2.  Debit cards are issued in the name of the treasurer,
3545	deputy treasurer, or authorized user and state "Campaign Account
3546	of ...(name of candidate or political committee) Campaign
3547	Account...."
3548	3.  No more than three debit cards are requested and
3549	issued.
3550	4.  Before a debit card is used, a list of all persons
3551	authorized to use the card is filed with the division.
3552	5.  All debit cards issued to a candidate's campaign or a
3553	political committee expire no later than midnight of the last
3554	day of the month of the general election.
3555	4.6.  The person using the debit card does not receive cash
3556	as part of, or independent of, any transaction for goods or
3557	services.
3558	5.7.  All receipts for debit card transactions contain:
3559	a.  The last four digits of the debit card number.
3560	b.  The exact amount of the expenditure.
3561	c.  The name of the payee.
3562	d.  The signature of the campaign treasurer, deputy
3563	treasurer, or authorized user.
3564	e.  The exact purpose for which the expenditure is
3565	authorized.
3566
3567	Any information required by this subparagraph but not included
3568	on the debit card transaction receipt may be handwritten on, or
3569	attached to, the receipt by the authorized user before
3570	submission to the treasurer.
3571	(6)  A candidate who made a loan to his or her campaign and
3572	reported the loan as required by s. 106.07 may be reimbursed for
3573	the loan at any time the campaign account has sufficient funds
3574	to repay the loan and satisfy its other obligations.
3575	Section 60.  Subsection (4) of section 106.141, Florida
3576	Statutes, is amended to read:
3577	106.141  Disposition of surplus funds by candidates.-
3578	(4)(a)  Except as provided in paragraph (b), any candidate
3579	required to dispose of funds pursuant to this section shall, at
3580	the option of the candidate, dispose of such funds by any of the
3581	following means, or any combination thereof:
3582	1.  Return pro rata to each contributor the funds that have
3583	not been spent or obligated.
3584	2.  Donate the funds that have not been spent or obligated
3585	to a charitable organization or organizations that meet the
3586	qualifications of s. 501(c)(3) of the Internal Revenue Code.
3587	3.  Give not more than $10,000 of the funds that have not
3588	been spent or obligated to the political party of which such
3589	candidate is a member, except that a candidate for the Florida
3590	Senate may give not more than $30,000 of such funds to the
3591	political party of which the candidate is a member.
3592	4.  Give the funds that have not been spent or obligated:
3593	a.  In the case of a candidate for state office, to the
3594	state, to be deposited in either the Election Campaign Financing
3595	Trust Fund or the General Revenue Fund, as designated by the
3596	candidate; or
3597	b.  In the case of a candidate for an office of a political
3598	subdivision, to such political subdivision, to be deposited in
3599	the general fund thereof.
3600	(b)  Any candidate required to dispose of funds pursuant to
3601	this section who has received contributions pursuant to the
3602	Florida Election Campaign Financing Act from the Election
3603	Campaign Financing Trust Fund shall, after all monetary
3604	commitments pursuant to s. 106.11(5)(b) and (c) have been met,
3605	return all surplus campaign funds to the General Revenue Fund
3606	Election Campaign Financing Trust Fund.
3607	Section 61.  Section 106.143, Florida Statutes, is amended
3608	to read:
3609	106.143  Political advertisements circulated prior to
3610	election; requirements.-
3611	(1)(a)  Any political advertisement that is paid for by a
3612	candidate, other than a write-in candidate, and that is
3613	published, displayed, or circulated before, or on the day of,
3614	any election must prominently state:
3615	1.  "Political advertisement paid for and approved by
3616	...(name of candidate)..., ...(party affiliation)..., for
3617	...(office sought)..."; or
3618	2.  "Paid by ...(name of candidate)..., ...(party
3619	affiliation)..., for ...(office sought)...."
3620	(b)  Any political advertisement that is paid for by a
3621	write-in candidate and that is published, displayed, or
3622	circulated before, or on the day of, any election must
3623	prominently state:
3624	1.  "Political advertisement paid for and approved by
3625	...(name of candidate)..., write-in candidate, for ...(office
3626	sought)..."; or
3627	2.  "Paid by ...(name of candidate)..., write-in candidate,
3628	for ...(office sought)...."
3629	(c)(b)  Any other political advertisement published,
3630	displayed, or circulated before, or on the day of, any election
3631	must prominently:
3632	1.  Be marked "paid political advertisement" or with the
3633	abbreviation "pd. pol. adv."
3634	2.  State the name and address of the persons paying for
3635	sponsoring the advertisement.
3636	3.a.(I)  State whether the advertisement and the cost of
3637	production is paid for or provided in kind by or at the expense
3638	of the entity publishing, displaying, broadcasting, or
3639	circulating the political advertisement; or
3640	(II)  State who provided or paid for the advertisement and
3641	cost of production, if different from the source of sponsorship.
3642	b.  This subparagraph does not apply if the source of the
3643	sponsorship is patently clear from the content or format of the
3644	political advertisement.
3645	(d)(c)  Any political advertisement made pursuant to s.
3646	106.021(3)(d) must be marked "paid political advertisement" or
3647	with the abbreviation "pd. pol. adv." and must prominently state
3648	the name and address of the political party paying for the
3649	advertisement., "Paid for and sponsored by ...(name of person
3650	paying for political advertisement).... Approved by ...(names of
3651	persons, party affiliation, and offices sought in the political
3652	advertisement)...."
3653	(2)  Political advertisements made as in-kind contributions
3654	from a political party must prominently state: "Paid political
3655	advertisement paid for in-kind by ...(name of political
3656	party).... Approved by ...(name of person, party affiliation,
3657	and office sought in the political advertisement)...."
3658	(3)(2)  Any political advertisement of a candidate running
3659	for partisan office shall express the name of the political
3660	party of which the candidate is seeking nomination or is the
3661	nominee. If the candidate for partisan office is running as a
3662	candidate with no party affiliation, any political advertisement
3663	of the candidate must state that the candidate has no party
3664	affiliation. A candidate for nonpartisan office is prohibited
3665	from campaigning based on party affiliation.
3666	(4)(3)  It is unlawful for any candidate or person on
3667	behalf of a candidate to represent that any person or
3668	organization supports such candidate, unless the person or
3669	organization so represented has given specific approval in
3670	writing to the candidate to make such representation. However,
3671	this subsection does not apply to:
3672	(a)  Editorial endorsement by any newspaper, radio or
3673	television station, or other recognized news medium.
3674	(b)  Publication by a party committee advocating the
3675	candidacy of its nominees.
3676	(5)(4)(a)  Any political advertisement not paid for by a
3677	candidate, including those paid for by a political party, other
3678	than an independent expenditure, offered by or on behalf of a
3679	candidate must be approved in advance by the candidate. Such
3680	political advertisement must expressly state that the content of
3681	the advertisement was approved by the candidate, unless the
3682	political advertisement is published, displayed, or circulated
3683	in compliance with subparagraph (1)(a)2., and must state who
3684	paid for the advertisement. The candidate shall provide a
3685	written statement of authorization to the newspaper, radio
3686	station, television station, or other medium for each such
3687	advertisement submitted for publication, display, broadcast, or
3688	other distribution.
3689	(b)  Any person who makes an independent expenditure for a
3690	political advertisement shall provide a written statement that
3691	no candidate has approved the advertisement to the newspaper,
3692	radio station, television station, or other medium for each such
3693	advertisement submitted for publication, display, broadcast, or
3694	other distribution. The advertisement must also contain a
3695	statement that no candidate has approved the advertisement.
3696	(c)  This subsection does not apply to campaign messages
3697	used by a candidate and his or her supporters if those messages
3698	are designed to be worn by a person.
3699	(6)(5)  No political advertisement of a candidate who is
3700	not an incumbent of the office for which the candidate is
3701	running shall use the word "re-elect." Additionally, such
3702	advertisement must include the word "for" between the
3703	candidate's name and the office for which the candidate is
3704	running, in order that incumbency is not implied. This
3705	subsection does not apply to bumper stickers or items designed
3706	to be worn by a person.
3707	(7)  Political advertisements paid for by a political party
3708	or an affiliated party committee may use names and abbreviations
3709	as registered under s. 103.081 in the disclaimer.
3710	(8)(6)  This section does not apply to novelty items having
3711	a retail value of $10 or less which support, but do not oppose,
3712	a candidate or issue.
3713	(9)(7)  Any political advertisement which is published,
3714	displayed, or produced in a language other than English may
3715	provide the information required by this section in the language
3716	used in the advertisement.
3717	(10)(8)  This section does not apply to any campaign
3718	message or political advertisement used by a candidate and the
3719	candidate's supporters or by a political committee if the
3720	message or advertisement is:
3721	(a)  Designed to be worn by a person.
3722	(b)  Placed as a paid link on an Internet website, provided
3723	the message or advertisement is no more than 200 characters in
3724	length and the link directs the user to another Internet website
3725	that complies with subsection (1).
3726	(c)  Placed as a graphic or picture link where compliance
3727	with the requirements of this section is not reasonably
3728	practical due to the size of the graphic or picture link and the
3729	link directs the user to another Internet website that complies
3730	with subsection (1).
3731	(d)  Placed at no cost on an Internet website for which
3732	there is no cost to post content for public users.
3733	(e)  Placed or distributed on an unpaid profile or account
3734	which is available to the public without charge or on a social
3735	networking Internet website, as long as the source of the
3736	message or advertisement is patently clear from the content or
3737	format of the message or advertisement. A candidate or political
3738	committee may prominently display a statement indicating that
3739	the website or account is an official website or account of the
3740	candidate or political committee and is approved by the
3741	candidate or political committee. A website or account may not
3742	be marked as official without prior approval by the candidate or
3743	political committee.
3744	(f)  Distributed as a text message or other message via
3745	Short Message Service, provided the message is no more than 200
3746	characters in length or requires the recipient to sign up or opt
3747	in to receive it.
3748	(g)  Connected with or included in any software application
3749	or accompanying function, provided that the user signs up, opts
3750	in, downloads, or otherwise accesses the application from or
3751	through a website that complies with subsection (1).
3752	(h)  Sent by a third-party user from or through a campaign
3753	or committee's website, provided the website complies with
3754	subsection (1).
3755	(i)  Contained in or distributed through any other
3756	technology-related item, service, or device for which compliance
3757	with subsection (1) is not reasonably practical due to the size
3758	or nature of such item, service, or device as available, or the
3759	means of displaying the message or advertisement makes
3760	compliance with subsection (1) impracticable.
3761	(11)(9)  Any person who willfully violates any provision of
3762	this section is subject to the civil penalties prescribed in s.
3763	106.265.
3764	Section 62.  Subsection (4) of section 106.15, Florida
3765	Statutes, is amended to read:
3766	106.15  Certain acts prohibited.-
3767	(4)(a)  No person shall make and no person shall solicit or
3768	knowingly accept any political contribution in a government-
3769	occupied room or building space building owned by a governmental
3770	entity.
3771	(b)  For purposes of this subsection, the term:,
3772	1.  "Accept" means to receive a contribution by personal
3773	hand delivery from a contributor or the contributor's agent.
3774	2.  "Government-occupied room or building space" means the
3775	building, or in the case of a partial occupancy that portion of
3776	a building, owned or leased and being used by a governmental
3777	entity. However, in the case of a partial occupancy where other
3778	tenants or owners simultaneously occupy a different portion of
3779	the building, the term excludes common areas not under the
3780	exclusive control of the governmental entity, including, but not
3781	limited to, break rooms, hallways, elevators, stairwells, and
3782	conference rooms.
3783	(c)  This subsection does shall not apply when a
3784	government-occupied room or building space government-owned
3785	building or any portion thereof is rented for the specific
3786	purpose of holding a campaign fund raiser.
3787	Section 63.  Section 106.17, Florida Statutes, is amended
3788	to read:
3789	106.17  Polls and surveys relating to candidacies.-Any
3790	candidate, political committee, committee of continuous
3791	existence, electioneering communication organization, or state
3792	or county executive committee of a political party, or an
3793	affiliated party committee may authorize or conduct a political
3794	poll, survey, index, or measurement of any kind relating to
3795	candidacy for public office so long as the candidate, political
3796	committee, committee of continuous existence, electioneering
3797	communication organization, affiliated party committee, or
3798	political party maintains complete jurisdiction over the poll in
3799	all its aspects. State and county executive committees of a
3800	political party or an affiliated party committee may authorize
3801	and conduct political polls for the purpose of determining the
3802	viability of potential candidates. Such poll results may be
3803	shared with potential candidates and expenditures incurred by
3804	state and county executive committees or an affiliated party
3805	committee for potential candidate polls are not contributions to
3806	the potential candidates.
3807	Section 64.  Subsection (4) is added to section 106.19,
3808	Florida Statutes, to read:
3809	106.19  Violations by candidates, persons connected with
3810	campaigns, and political committees.-
3811	(4)  Except as otherwise expressly stated, the failure by a
3812	candidate to comply with the requirements of this chapter has no
3813	effect upon whether the candidate has qualified for the office
3814	the candidate is seeking.
3815	Section 65.  Subsections (2) and (3), paragraph (i) of
3816	subsection (4), and subsection (5) of section 106.25, Florida
3817	Statutes, are amended to read:
3818	106.25  Reports of alleged violations to Florida Elections
3819	Commission; disposition of findings.-
3820	(2)  The commission shall investigate all violations of
3821	this chapter and chapter 104, but only after having received
3822	either a sworn complaint or information reported to it under
3823	this subsection by the Division of Elections. Such sworn
3824	complaint must be based upon personal information or information
3825	other than hearsay. Any person, other than the division, having
3826	information of any violation of this chapter or chapter 104
3827	shall file a sworn complaint with the commission. The commission
3828	shall investigate only those alleged violations specifically
3829	contained within the sworn complaint. If any complainant fails
3830	to allege all violations that arise from the facts or
3831	allegations alleged in a complaint, the commission shall be
3832	barred from investigating a subsequent complaint from such
3833	complainant that is based upon such facts or allegations that
3834	were raised or could have been raised in the first complaint. If
3835	the complaint includes allegations of violations relating to
3836	expense items reimbursed by a candidate, committee, or
3837	organization to the campaign account before a sworn complaint is
3838	filed, the commission shall be barred from investigating such
3839	allegations. Such sworn complaint shall state whether a
3840	complaint of the same violation has been made to any state
3841	attorney. Within 5 days after receipt of a sworn complaint, the
3842	commission shall transmit a copy of the complaint to the alleged
3843	violator. The respondent shall have 14 days after receipt of the
3844	complainant to file an initial response prior to the executive
3845	director's determination of legal sufficiency. If the executive
3846	director finds that the complaint is legally sufficient, the
3847	respondent shall be notified of such finding by letter, which
3848	sets forth the statutory provisions alleged to have been
3849	violated and the alleged factual basis that supports the
3850	finding. All sworn complaints alleging violations of the Florida
3851	Election Code over which the commission has jurisdiction shall
3852	be filed with the commission within 2 years after the alleged
3853	violations. The period of limitations is tolled on the day a
3854	sworn complaint is filed with the commission. The complainant
3855	may withdraw the sworn complaint at any time prior to a probable
3856	cause hearing if good cause is shown. Withdrawal shall be
3857	requested in writing, signed by the complainant, and witnessed
3858	by a notary public, stating the facts and circumstances
3859	constituting good cause. The executive director shall prepare a
3860	written recommendation regarding disposition of the request
3861	which shall be given to the commission together with the
3862	request. "Good cause" shall be determined based upon the legal
3863	sufficiency or insufficiency of the complaint to allege a
3864	violation and the reasons given by the complainant for wishing
3865	to withdraw the complaint. If withdrawal is permitted, the
3866	commission must close the investigation and the case. No further
3867	action may be taken. The complaint will become a public record
3868	at the time of withdrawal.
3869	(3)  For the purposes of commission jurisdiction, a
3870	violation shall mean the willful performance of an act
3871	prohibited by this chapter or chapter 104 or the willful failure
3872	to perform an act required by this chapter or chapter 104. The
3873	commission may not by rule determine what constitutes
3874	willfulness or further define the term as provided in this
3875	chapter or chapter 104. Willfulness is a determination of fact;
3876	however, at the request of the respondent at any time after
3877	probable cause is found, willfulness may be considered and
3878	determined in an informal hearing before the commission.
3879	(4)  The commission shall undertake a preliminary
3880	investigation to determine if the facts alleged in a sworn
3881	complaint or a matter initiated by the division constitute
3882	probable cause to believe that a violation has occurred.
3883	(i)1.  Upon a commission finding of probable cause, the
3884	counsel for the commission shall attempt to reach a consent
3885	agreement with the respondent. At any time, the commission may
3886	enter into a consent order with a respondent without requiring
3887	the respondent to admit to having violated a section for which
3888	the commission has jurisdiction.
3889	2.  A consent agreement is not binding upon either party
3890	unless and until it is signed by the respondent and by counsel
3891	for the commission upon approval by the commission.
3892	3.  Nothing herein shall be construed to prevent the
3893	commission from entering into a consent agreement with a
3894	respondent prior to a commission finding of probable cause if a
3895	respondent indicates in writing a desire to enter into
3896	negotiations directed towards reaching such a consent agreement.
3897	Any consent agreement reached under this subparagraph is subject
3898	to the provisions of subparagraph 2. and shall have the same
3899	force and effect as a consent agreement reached after the
3900	commission finding of probable cause.
3901
3902	In a case where probable cause is found, the commission shall
3903	make a preliminary determination to consider the matter or to
3904	refer the matter to the state attorney for the judicial circuit
3905	in which the alleged violation occurred. Notwithstanding any
3906	other provisions of this section, the commission may, at its
3907	discretion, dismiss any complaint at any stage of disposition if
3908	it determines that the public interest would not be served by
3909	proceeding further, in which case the commission shall issue a
3910	public report stating with particularity its reasons for the
3911	dismissal.
3912	(5)  Unless A person alleged by the Elections Commission to
3913	have committed a violation of this chapter or chapter 104 may
3914	elect, as a matter of right elects, within 30 days after the
3915	date of the filing of the commission's allegations, to have a
3916	formal administrative hearing conducted by an administrative law
3917	judge in the Division of Administrative Hearings. The
3918	administrative law judge in such proceedings shall enter a final
3919	order, which may include the imposition of civil penalties, and
3920	the formal or informal hearing conducted before the commission,
3921	or elects to resolve the complaint by consent order, such person
3922	shall be entitled to a formal administrative hearing conducted
3923	by an administrative law judge in the Division of Administrative
3924	Hearings. The administrative law judge in such proceedings shall
3925	enter a final order is subject to appeal as provided in s.
3926	120.68.
3927	Section 66.  Subsection (1) of section 106.26, Florida
3928	Statutes, is amended to read:
3929	106.26  Powers of commission; rights and responsibilities
3930	of parties; findings by commission.-
3931	(1)  The commission shall, pursuant to rules adopted and
3932	published in accordance with chapter 120, consider all sworn
3933	complaints filed with it and all matters reported to it by the
3934	Division of Elections. In order to carry out the
3935	responsibilities prescribed by this chapter, the commission is
3936	empowered to subpoena and bring before it, or its duly
3937	authorized representatives, any person in the state, or any
3938	person doing business in the state, or any person who has filed
3939	or is required to have filed any application, document, papers,
3940	or other information with an office or agency of this state or a
3941	political subdivision thereof and to require the production of
3942	any papers, books, or other records relevant to any
3943	investigation, including the records and accounts of any bank or
3944	trust company doing business in this state. Duly authorized
3945	representatives of the commission are empowered to administer
3946	all oaths and affirmations in the manner prescribed by law to
3947	witnesses who shall appear before them concerning any relevant
3948	matter. Should any witness fail to respond to the lawful
3949	subpoena of the commission or, having responded, fail to answer
3950	all lawful inquiries or to turn over evidence that has been
3951	subpoenaed, the commission may file a complaint in the before
3952	any circuit court where the witness resides of the state setting
3953	up such failure on the part of the witness. On the filing of
3954	such complaint, the court shall take jurisdiction of the witness
3955	and the subject matter of said complaint and shall direct the
3956	witness to respond to all lawful questions and to produce all
3957	documentary evidence in the witness's possession which is
3958	lawfully demanded. The failure of any witness to comply with
3959	such order of the court shall constitute a direct and criminal
3960	contempt of court, and the court shall punish said witness
3961	accordingly. However, the refusal by a witness to answer
3962	inquiries or turn over evidence on the basis that such testimony
3963	or material will tend to incriminate such witness shall not be
3964	deemed refusal to comply with the provisions of this chapter.
3965	The sheriffs in the several counties shall make such service and
3966	execute all process or orders when required by the commission.
3967	Sheriffs shall be paid for these services by the commission as
3968	provided for in s. 30.231. Any person who is served with a
3969	subpoena to attend a hearing of the commission also shall be
3970	served with a general statement informing him or her of the
3971	subject matter of the commission's investigation or inquiry and
3972	a notice that he or she may be accompanied at the hearing by
3973	counsel of his or her own choosing.
3974	Section 67.  Section 106.265, Florida Statutes, is amended
3975	to read:
3976	106.265  Civil penalties.-
3977	(1)  The commission or, in cases referred to the Division
3978	of Administrative Hearings pursuant to s. 106.25(5), an
3979	administrative law judge is authorized upon the finding of a
3980	violation of this chapter or chapter 104 to impose civil
3981	penalties in the form of fines not to exceed $1,000 per count
3982	or, if applicable, to impose a civil penalty as provided in s.
3983	106.19.
3984	(2)  In determining the amount of such civil penalties, the
3985	commission or the administrative law judge shall consider, among
3986	other mitigating and aggravating circumstances:
3987	(a)  The gravity of the act or omission;
3988	(b)  Any previous history of similar acts or omissions;
3989	(c)  The appropriateness of such penalty to the financial
3990	resources of the person, political committee, committee of
3991	continuous existence, electioneering communications
3992	organization, or political party; and
3993	(d)  Whether the person, political committee, committee of
3994	continuous existence, electioneering communications
3995	organization, or political party has shown good faith in
3996	attempting to comply with the provisions of this chapter or
3997	chapter 104.
3998	(3)(2)  If any person, political committee, committee of
3999	continuous existence, electioneering communications
4000	organization, or political party fails or refuses to pay to the
4001	commission any civil penalties assessed pursuant to the
4002	provisions of this section, the commission shall be responsible
4003	for collecting the civil penalties resulting from such action.
4004	(4)(3)  Any civil penalty collected pursuant to the
4005	provisions of this section shall be deposited into the General
4006	Revenue Fund Election Campaign Financing Trust Fund.
4007	(5)(4)  Notwithstanding any other provisions of this
4008	chapter, Any fine assessed pursuant to the provisions of this
4009	chapter shall, which fine is designated to be deposited or which
4010	would otherwise be deposited into the General Revenue Fund of
4011	the state, shall be deposited into the Election Campaign
4012	Financing Trust Fund.
4013	(6)(5)  In any case in which the commission determines that
4014	a person has filed a complaint against another person with a
4015	malicious intent to injure the reputation of the person
4016	complained against by filing the complaint with knowledge that
4017	the complaint contains one or more false allegations or with
4018	reckless disregard for whether the complaint contains false
4019	allegations of fact material to a violation of this chapter or
4020	chapter 104, the complainant shall be liable for costs and
4021	reasonable attorney's fees incurred in the defense of the person
4022	complained against, including the costs and reasonable
4023	attorney's fees incurred in proving entitlement to and the
4024	amount of costs and fees. If the complainant fails to pay such
4025	costs and fees voluntarily within 30 days following such finding
4026	by the commission, the commission shall forward such information
4027	to the Department of Legal Affairs, which shall bring a civil
4028	action in a court of competent jurisdiction to recover the
4029	amount of such costs and fees awarded by the commission.
4030	Section 68.  Subsection (1) and paragraph (b) of subsection
4031	(3) of section 106.29, Florida Statutes, are amended to read:
4032	106.29  Reports by political parties; restrictions on
4033	contributions and expenditures; penalties.-
4034	(1)  The state executive committee and each county
4035	executive committee of each political party regulated by chapter
4036	103 shall file regular reports of all contributions received and
4037	all expenditures made by such committee. In addition, when a
4038	special election is called to fill a vacancy in office, each
4039	state executive committee, each affiliated party committee, and
4040	each county executive committee making contributions or
4041	expenditures to influence the results of the special election or
4042	the preceding special primary election must file a campaign
4043	treasurer's report on the dates set by the Department of State
4044	pursuant to s. 100.111. Such reports shall contain the same
4045	information as do reports required of candidates by s. 106.07
4046	and shall be filed on the 10th day following the end of each
4047	calendar quarter, except that, during the period from the last
4048	day for candidate qualifying until the general election, such
4049	reports shall be filed on the Friday immediately preceding each
4050	special primary election, special election, and both the primary
4051	election and the general election. In addition to the reports
4052	filed under this section, the state executive committee and each
4053	county executive committee shall file a copy of each prior
4054	written acceptance of an in-kind contribution given by the
4055	committee during the preceding calendar quarter as required
4056	under s. 106.08(6). Each state executive committee shall file
4057	the original and one copy of its reports with the Division of
4058	Elections. Each county executive committee shall file its
4059	reports with the supervisor of elections in the county in which
4060	such committee exists. Any state or county executive committee
4061	failing to file a report on the designated due date shall be
4062	subject to a fine as provided in subsection (3). A No separate
4063	fine may not shall be assessed for failure to file a copy of any
4064	report required by this section.
4065	(3)
4066	(b)  Upon determining that a report is late, the filing
4067	officer shall immediately notify the chair of the executive
4068	committee as to the failure to file a report by the designated
4069	due date and that a fine is being assessed for each late day.
4070	The fine shall be $1,000 for a state executive committee, and
4071	$50 for a county executive committee, per day for each late day,
4072	not to exceed 25 percent of the total receipts or expenditures,
4073	whichever is greater, for the period covered by the late report.
4074	However, if an executive committee fails to file a report on the
4075	Friday immediately preceding the special election or general
4076	election, the fine shall be $10,000 per day for each day a state
4077	executive committee is late and $500 per day for each day a
4078	county executive committee is late. Upon receipt of the report,
4079	the filing officer shall determine the amount of the fine which
4080	is due and shall notify the chair. Notice is deemed sufficient
4081	upon proof of delivery of written notice to the mailing or
4082	street address on record with the filing officer. The filing
4083	officer shall determine the amount of the fine due based upon
4084	the earliest of the following:
4085	1.  When the report is actually received by such officer.
4086	2.  When the report is postmarked.
4087	3.  When the certificate of mailing is dated.
4088	4.  When the receipt from an established courier company is
4089	dated.
4090	5.  When the electronic receipt issued pursuant to s.
4091	106.0705 is dated.
4092
4093	Such fine shall be paid to the filing officer within 20 days
4094	after receipt of the notice of payment due, unless appeal is
4095	made to the Florida Elections Commission pursuant to paragraph
4096	(c). An officer or member of an executive committee shall not be
4097	personally liable for such fine.
4098	Section 69.  Subsection (5) of section 106.35, Florida
4099	Statutes, is amended to read:
4100	106.35  Distribution of funds.-
4101	(5)  The division shall adopt rules providing for the
4102	weekly reports and certification and distribution of funds
4103	pursuant thereto required by this section. Such rules shall, at
4104	a minimum, provide for:
4105	(a)  Specifications for printed campaign treasurer's
4106	reports outlining the format for such reports, including size of
4107	paper, typeface, color of print, and placement of required
4108	information on the form.
4109	(b)1.  specifications for electronically transmitted
4110	campaign treasurer's reports outlining communication parameters
4111	and protocol, data record formats, and provisions for ensuring
4112	security of data and transmission.
4113	2.  All electronically transmitted campaign treasurer's
4114	reports must also be filed in printed format. Printed format
4115	shall not include campaign treasurer's reports submitted by
4116	electronic facsimile transmission.
4117	Section 70.  Section 106.355, Florida Statutes, is amended
4118	to read:
4119	106.355  Nonparticipating candidate exceeding limits.-
4120	Whenever a candidate for the office of Governor or member of the
4121	Cabinet who has elected not to participate in election campaign
4122	financing under the provisions of ss. 106.30-106.36 exceeds the
4123	applicable expenditure limit provided in s. 106.34, all opposing
4124	candidates participating in such election campaign financing
4125	are, notwithstanding the provisions of s. 106.33 or any other
4126	provision requiring adherence to such limit, released from such
4127	expenditure limit to the extent the nonparticipating candidate
4128	exceeded the limit, are still eligible for matching
4129	contributions up to such limit, and shall not be required to
4130	reimburse any matching funds provided pursuant thereto. In
4131	addition, the Department of State shall, within 7 days after a
4132	request by a participating candidate, provide such candidate
4133	with funds from the Election Campaign Financing Trust Fund equal
4134	to the amount by which the nonparticipating candidate exceeded
4135	the expenditure limit, not to exceed twice the amount of the
4136	maximum expenditure limits specified in s. 106.34(1)(a) and (b),
4137	which funds shall not be considered matching funds.
4138	Section 71.  Paragraph (d) of subsection (1) of section
4139	11.045, Florida Statutes, is amended to read:
4140	11.045  Lobbying before the Legislature; registration and
4141	reporting; exemptions; penalties.-
4142	(1)  As used in this section, unless the context otherwise
4143	requires:
4144	(d)  "Expenditure" means a payment, distribution, loan,
4145	advance, reimbursement, deposit, or anything of value made by a
4146	lobbyist or principal for the purpose of lobbying. The term
4147	"expenditure" does not include contributions or expenditures
4148	reported pursuant to chapter 106 or federal election law, funds
4149	received or spent under s. 106.012, campaign-related personal
4150	services provided without compensation by individuals
4151	volunteering their time, any other contribution or expenditure
4152	made by or to a political party, or any other contribution or
4153	expenditure made by an organization that is exempt from taxation
4154	under 26 U.S.C. s. 527 or s. 501(c)(4).
4155	Section 72.  Paragraph (b) of subsection (12) of section
4156	112.312, Florida Statutes, is amended to read:
4157	112.312  Definitions.-As used in this part and for purposes
4158	of the provisions of s. 8, Art. II of the State Constitution,
4159	unless the context otherwise requires:
4160	(12)
4161	(b)  "Gift" does not include:
4162	1.  Salary, benefits, services, fees, commissions, gifts,
4163	or expenses associated primarily with the donee's employment,
4164	business, or service as an officer or director of a corporation
4165	or organization.
4166	2.  Contributions or expenditures reported pursuant to
4167	chapter 106, funds received or spent under s. 106.012,
4168	contributions or expenditures reported pursuant to federal
4169	election law, campaign-related personal services provided
4170	without compensation by individuals volunteering their time, or
4171	any other contribution or expenditure by a political party.
4172	3.  An honorarium or an expense related to an honorarium
4173	event paid to a person or the person's spouse.
4174	4.  An award, plaque, certificate, or similar personalized
4175	item given in recognition of the donee's public, civic,
4176	charitable, or professional service.
4177	5.  An honorary membership in a service or fraternal
4178	organization presented merely as a courtesy by such
4179	organization.
4180	6.  The use of a public facility or public property, made
4181	available by a governmental agency, for a public purpose.
4182	7.  Transportation provided to a public officer or employee
4183	by an agency in relation to officially approved governmental
4184	business.
4185	8.  Gifts provided directly or indirectly by a state,
4186	regional, or national organization which promotes the exchange
4187	of ideas between, or the professional development of,
4188	governmental officials or employees, and whose membership is
4189	primarily composed of elected or appointed public officials or
4190	staff, to members of that organization or officials or staff of
4191	a governmental agency that is a member of that organization.
4192	Section 73.  Paragraph (d) of subsection (1) of section
4193	112.3215, Florida Statutes, is amended to read:
4194	112.3215  Lobbying before the executive branch or the
4195	Constitution Revision Commission; registration and reporting;
4196	investigation by commission.-
4197	(1)  For the purposes of this section:
4198	(d)  "Expenditure" means a payment, distribution, loan,
4199	advance, reimbursement, deposit, or anything of value made by a
4200	lobbyist or principal for the purpose of lobbying. The term
4201	"expenditure" does not include contributions or expenditures
4202	reported pursuant to chapter 106, funds received or spent under
4203	s. 106.012, or contributions or expenditures reported pursuant
4204	to federal election law, campaign-related personal services
4205	provided without compensation by individuals volunteering their
4206	time, any other contribution or expenditure made by or to a
4207	political party, or any other contribution or expenditure made
4208	by an organization that is exempt from taxation under 26 U.S.C.
4209	s. 527 or s. 501(c)(4).
4210	Section 74.  Subsection (1) of section 876.05, Florida
4211	Statutes, is amended to read:
4212	876.05  Public employees; oath.-
4213	(1)  All persons who now or hereafter are employed by or
4214	who now or hereafter are on the payroll of the state, or any of
4215	its departments and agencies, subdivisions, counties, cities,
4216	school boards and districts of the free public school system of
4217	the state or counties, or institutions of higher learning, and
4218	all candidates for public office, except candidates for federal
4219	office, are required to take an oath before any person duly
4220	authorized to take acknowledgments of instruments for public
4221	record in the state in the following form:
4222	I, ...., a citizen of the State of Florida and of the
4223	United States of America, and being employed by or an officer of
4224	.... and a recipient of public funds as such employee or
4225	officer, do hereby solemnly swear or affirm that I will support
4226	the Constitution of the United States and of the State of
4227	Florida.
4228	Section 75.  Section 100.101, Florida Statutes, is amended
4229	to read:
4230	100.101  Special elections and special primary elections.-
4231	Except as provided in s. 100.111(2), A special election or
4232	special primary election shall be held in the following cases:
4233	(1)  If no person has been elected at a general election to
4234	fill an office which was required to be filled by election at
4235	such general election.
4236	(2)  If a vacancy occurs in the office of state senator or
4237	member of the state house of representatives.
4238	(3)  If it is necessary to elect presidential electors, by
4239	reason of the offices of President and Vice President both
4240	having become vacant.
4241	(4)  If a vacancy occurs in the office of member from
4242	Florida of the House of Representatives of Congress.
4243	Section 76.  Section 103.161, Florida Statutes, is
4244	repealed.
4245	Section 77.  Section 876.07, Florida Statutes, is repealed.
4246	Section 78.  Effective upon this act becoming a law,
4247	subsections (1) and (2) of section 101.161, Florida Statutes,
4248	are amended, and subsection (4) is added to that section, to
4249	read:
4250	101.161  Referenda; ballots.-
4251	(1)  Whenever a constitutional amendment or other public
4252	measure is submitted to the vote of the people, a ballot summary
4253	the substance of such amendment or other public measure shall be
4254	printed in clear and unambiguous language on the ballot after
4255	the list of candidates, followed by the word "yes" and also by
4256	the word "no," and shall be styled in such a manner that a "yes"
4257	vote will indicate approval of the proposal and a "no" vote will
4258	indicate rejection. The ballot summary wording of the substance
4259	of the amendment or other public measure and the ballot title to
4260	appear on the ballot shall be embodied in the joint resolution,
4261	constitutional revision commission proposal, constitutional
4262	convention proposal, taxation and budget reform commission
4263	proposal, or enabling resolution or ordinance. Except for
4264	amendments and ballot language proposed by joint resolution, The
4265	ballot summary substance of the amendment or other public
4266	measure shall be an explanatory statement, not exceeding 75
4267	words in length, of the chief purpose of the measure. In
4268	addition, for every amendment proposed by initiative, the ballot
4269	shall include, following the ballot summary, a separate
4270	financial impact statement concerning the measure prepared by
4271	the Financial Impact Estimating Conference in accordance with s.
4272	100.371(5). The ballot title shall consist of a caption, not
4273	exceeding 15 words in length, by which the measure is commonly
4274	referred to or spoken of. This subsection does not apply to
4275	constitutional amendments or revisions proposed by joint
4276	resolution.
4277	(2)  The ballot summary substance and ballot title of a
4278	constitutional amendment proposed by initiative shall be
4279	prepared by the sponsor and approved by the Secretary of State
4280	in accordance with rules adopted pursuant to s. 120.54. The
4281	Department of State shall give each proposed constitutional
4282	amendment a designating number for convenient reference. This
4283	number designation shall appear on the ballot. Designating
4284	numbers shall be assigned in the order of filing or
4285	certification and in accordance with rules adopted by the
4286	Department of State. The Department of State shall furnish the
4287	designating number, the ballot title, and the ballot summary
4288	substance of each amendment, unless otherwise specified in a
4289	joint resolution, to the supervisor of elections of each county
4290	in which such amendment is to be voted on.
4291	(4)(a)  Whenever a constitutional amendment or revision is
4292	proposed by joint resolution, the joint resolution shall include
4293	a ballot title consisting of a caption, not exceeding 15 words
4294	in length, by which the measure is commonly referred to or
4295	spoken of. The joint resolution may include a ballot summary or
4296	alternate ballot summaries, listed in order of preference,
4297	describing the chief purpose of the amendment or revision in
4298	clear and unambiguous language. The joint resolution shall
4299	specify placement on the ballot of a ballot title and either a
4300	ballot summary embodied in the joint resolution or the full text
4301	of the proposed amendment or revision. As specified by the joint
4302	resolution, the ballot title and ballot summary, or the ballot
4303	title and the full text of the proposed amendment or revision,
4304	shall be printed on the ballot, with a designating number
4305	assigned by the Secretary of State pursuant to subsection (2),
4306	after the list of candidates, followed by the word "yes" and
4307	also by the word "no," and shall be styled in such a manner that
4308	a "yes" vote will indicate approval of the proposal and a "no"
4309	vote will indicate rejection. The Department of State shall
4310	furnish the designating number and, as specified by the joint
4311	resolution proposing an amendment or revision, the ballot title
4312	and a ballot summary or the full text of the amendment or
4313	revision to the supervisor of elections of each county.
4314	(b)  If the court determines that each ballot summary
4315	embodied in a joint resolution is defective, the full text of
4316	the proposed amendment or revision shall appear on the ballot in
4317	lieu of a ballot summary unless the Secretary of State certifies
4318	to the court that placement of the full text on the ballot is
4319	incompatible with voting systems that must be utilized during
4320	the election at which the proposed amendment will be presented
4321	to voters and that no other available accommodation will enable
4322	persons with disabilities to vote on the proposed amendment or
4323	revision. If the Secretary of State submits such certification
4324	or the court determines that all ballot summaries in the joint
4325	resolution are deficient and that the full text of a proposed
4326	amendment or revision may not be placed on the ballot, and
4327	further appeals are declined, abandoned, or exhausted, unless
4328	otherwise provided in the joint resolution, the Attorney General
4329	shall prepare and submit within 10 days to the Secretary of
4330	State and the court a revised ballot summary that corrects
4331	ballot summary deficiencies identified by the court. That court
4332	shall retain jurisdiction over challenges to any revised ballot
4333	summary submitted by the Attorney General, and any challenge to
4334	a revised ballot summary shall be filed within 10 days after the
4335	revised ballot summary is submitted to the court by the Attorney
4336	General.
4337	(c)1.  If the full text of a proposed amendment or revision
4338	delineates existing text in the State Constitution that will be
4339	removed or replaced if approved by the electors, the full text
4340	shall be presumed to be a clear and unambiguous statement of the
4341	substance and effect of the amendment or revision, providing
4342	fair notice to the electors of the content of the proposal and
4343	sufficiently advising electors of the issue upon which they are
4344	voting.
4345	2.  In determining whether a ballot summary, the ballot
4346	title, or the full text of a proposed amendment or revision is
4347	legally sufficient, the court shall use the same rules of
4348	construction to interpret language in a proposed constitutional
4349	amendment as it does when interpreting existing constitutional
4350	provisions.
4351	(d)1.  Any legal action challenging placement on the ballot
4352	of a ballot title, any ballot summary, or the full text of a
4353	proposed amendment or revision embodied in a joint resolution on
4354	constitutional, statutory, or other grounds must be commenced by
4355	filing a complaint or petition with the appropriate court within
4356	30 days after the joint resolution is filed with the Secretary
4357	of State. Furthermore, in any legal action challenging placement
4358	on the ballot of any ballot summary embodied in a joint
4359	resolution, the complaint or petition shall assert all grounds
4360	for challenging the ballot title, each ballot summary embodied
4361	in the joint resolution, and the full text of the proposed
4362	amendment or revision. Any such grounds not asserted within 30
4363	days after the joint resolution is filed with the Secretary of
4364	State shall be deemed waived.
4365	2.  If a court finds the ballot title, a ballot summary, or
4366	the full text of a proposed amendment defective for purposes of
4367	placement on the ballot, the court shall, in its written order
4368	or judgment, describe each deficiency with specificity in order
4369	to facilitate the Attorney General's preparation of a revised
4370	ballot summary.
4371	(e)  Legal actions challenging ballot language specified by
4372	a joint resolution proposing an amendment or revision to the
4373	State Constitution shall be accorded priority over other pending
4374	cases by the courts, including any appellate court, and the
4375	courts shall render decisions in such actions as expeditiously
4376	as possible.
4377	Section 79.  The amendment of section 101.161, Florida
4378	Statutes, by this act applies retroactively to all joint
4379	resolutions adopted by the Legislature during the 2011 Regular
4380	Session, except that any legal action challenging a ballot title
4381	or ballot summary embodied in such joint resolution or
4382	challenging placement on the ballot of the full text of the
4383	proposed amendment or revision to the State Constitution as
4384	specified in such joint resolution must be commenced within 30
4385	days after the effective date of the amendment of section
4386	101.161, Florida Statutes, by this act or within 30 days after
4387	the joint resolution to which a challenge relates is filed with
4388	the Secretary of State, whichever occurs later.
4389	Section 80.  Except as otherwise expressly provided in this
4390	act and except for this section, which shall take effect upon
4391	this act becoming a law, this act shall take effect July 1,
4392	2011.

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