Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2086
       
       
       
       
       
       
                                Barcode 316406                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             05/04/2011 01:38 PM       .                                
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       Senator Diaz de la Portilla moved the following:
       
    1         Senate Substitute for Amendment (251734) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (16) is added to section 97.012,
    7  Florida Statutes, to read:
    8         97.012 Secretary of State as chief election officer.—The
    9  Secretary of State is the chief election officer of the state,
   10  and it is his or her responsibility to:
   11         (16) Provide written direction and opinions to the
   12  supervisors of elections on the performance of their official
   13  duties with respect to the Florida Election Code or rules
   14  adopted by the Department of State.
   15         Section 2. Subsection (18) of section 97.021, Florida
   16  Statutes, is amended to read:
   17         97.021 Definitions.—For the purposes of this code, except
   18  where the context clearly indicates otherwise, the term:
   19         (18) “Minor political party” is any group as specified in
   20  s. 103.095 defined in this subsection which on January 1
   21  preceding a primary election does not have registered as members
   22  5 percent of the total registered electors of the state. Any
   23  group of citizens organized for the general purposes of electing
   24  to office qualified persons and determining public issues under
   25  the democratic processes of the United States may become a minor
   26  political party of this state by filing with the department a
   27  certificate showing the name of the organization, the names of
   28  its current officers, including the members of its executive
   29  committee, and a copy of its constitution or bylaws. It shall be
   30  the duty of the minor political party to notify the department
   31  of any changes in the filing certificate within 5 days of such
   32  changes.
   33         Section 3. Section 97.025, Florida Statutes, is amended to
   34  read:
   35         97.025 Election Code; copies thereof.—A pamphlet of a
   36  reprint of the Election Code, adequately indexed, shall be
   37  prepared by the Department of State. The pamphlet shall be made
   38  available It shall have a sufficient number of these pamphlets
   39  printed so that one may be given, upon request, to each
   40  candidate who qualifies with the department. The pamphlet shall
   41  be made available A sufficient number may be sent to each
   42  supervisor, before prior to the first day of qualifying, so that
   43  for distribution, upon request, to each candidate who qualifies
   44  with the supervisor and to each clerk of elections has access to
   45  the pamphlet. The cost of making printing the pamphlets
   46  available shall be paid out of funds appropriated for conducting
   47  elections.
   48         Section 4. Section 97.0575, Florida Statutes, is amended to
   49  read:
   50         97.0575 Third-party voter registrations.—
   51         (1) Before engaging in any voter registration activities, a
   52  third-party voter registration organization must register and
   53  provide to the division, in an electronic format, the following
   54  information:
   55         (a) The names of the officers of the organization and the
   56  name and permanent address of the organization.
   57         (b) The name and address of the organization’s registered
   58  agent in the state.
   59         (c) The names, permanent addresses, and temporary
   60  addresses, if any, of each registration agent registering
   61  persons to vote in this state on behalf of the organization.
   62         (d) A sworn statement from each registration agent employed
   63  by or volunteering for the organization stating that the agent
   64  will obey all state laws and rules regarding the registration of
   65  voters. Such statement must be on a form containing notice of
   66  applicable penalties for false registration.
   67         (2) The division or the supervisor of elections shall make
   68  voter registration forms available to third-party voter
   69  registration organizations. All such forms must contain
   70  information identifying the organization to which the forms are
   71  provided. The division shall maintain a database of all third
   72  party voter registration organizations and the voter
   73  registration forms assigned to the third-party voter
   74  registration organization. Each supervisor of elections shall
   75  provide to the division information on voter registration forms
   76  assigned to and received from third-party voter registration
   77  organizations. The information must be provided in a format and
   78  at times as required by the division by rule. The division must
   79  update information on third-party voter registrations daily and
   80  make the information publicly available.
   81         (1) Prior to engaging in any voter registration activities,
   82  a third-party voter registration organization shall name a
   83  registered agent in the state and submit to the division, in a
   84  form adopted by the division, the name of the registered agent
   85  and the name of those individuals responsible for the day-to-day
   86  operation of the third-party voter registration organization,
   87  including, if applicable, the names of the entity’s board of
   88  directors, president, vice president, managing partner, or such
   89  other individuals engaged in similar duties or functions. On or
   90  before the 15th day after the end of each calendar quarter, each
   91  third-party voter registration organization shall submit to the
   92  division a report providing the date and location of any
   93  organized voter registration drives conducted by the
   94  organization in the prior calendar quarter.
   95         (2) The failure to submit the information required by
   96  subsection (1) does not subject the third-party voter
   97  registration organization to any civil or criminal penalties for
   98  such failure, and the failure to submit such information is not
   99  a basis for denying such third-party voter registration
  100  organization with copies of voter registration application
  101  forms.
  102         (3)(a) A third-party voter registration organization that
  103  collects voter registration applications serves as a fiduciary
  104  to the applicant, ensuring that any voter registration
  105  application entrusted to the third-party voter registration
  106  organization, irrespective of party affiliation, race,
  107  ethnicity, or gender, shall be promptly delivered to the
  108  division or the supervisor of elections within 48 hours after
  109  the applicant completes it or the next business day if the
  110  appropriate office is closed for that 48-hour period. If a voter
  111  registration application collected by any third-party voter
  112  registration organization is not promptly delivered to the
  113  division or supervisor of elections, the third-party voter
  114  registration organization is shall be liable for the following
  115  fines:
  116         1.(a) A fine in the amount of $50 for each application
  117  received by the division or the supervisor of elections more
  118  than 48 hours 10 days after the applicant delivered the
  119  completed voter registration application to the third-party
  120  voter registration organization or any person, entity, or agent
  121  acting on its behalf or the next business day, if the office is
  122  closed. A fine in the amount of $250 for each application
  123  received if the third-party voter registration organization or
  124  person, entity, or agency acting on its behalf acted willfully.
  125         2.(b) A fine in the amount of $100 for each application
  126  collected by a third-party voter registration organization or
  127  any person, entity, or agent acting on its behalf, before prior
  128  to book closing for any given election for federal or state
  129  office and received by the division or the supervisor of
  130  elections after the book-closing book closing deadline for such
  131  election. A fine in the amount of $500 for each application
  132  received if the third-party registration organization or person,
  133  entity, or agency acting on its behalf acted willfully.
  134         3.(c) A fine in the amount of $500 for each application
  135  collected by a third-party voter registration organization or
  136  any person, entity, or agent acting on its behalf, which is not
  137  submitted to the division or supervisor of elections. A fine in
  138  the amount of $1,000 for any application not submitted if the
  139  third-party voter registration organization or person, entity,
  140  or agency acting on its behalf acted willfully.
  141  
  142  The aggregate fine pursuant to this paragraph subsection which
  143  may be assessed against a third-party voter registration
  144  organization, including affiliate organizations, for violations
  145  committed in a calendar year is shall be $1,000.
  146         (b) A showing by the fines provided in this subsection
  147  shall be reduced by three-fourths in cases in which the third
  148  party voter registration organization that the failure to
  149  deliver the voter registration application within the required
  150  timeframe is based upon force majeure or impossibility of
  151  performance shall be an affirmative defense to a violation of
  152  this subsection has complied with subsection (1). The secretary
  153  may shall waive the fines described in this subsection upon a
  154  showing that the failure to deliver the voter registration
  155  application promptly is based upon force majeure or
  156  impossibility of performance.
  157         (4) If the Secretary of State reasonably believes that a
  158  person has committed a violation of this section, the secretary
  159  may refer the matter to the Attorney General for enforcement.
  160  The Attorney General may institute a civil action for a
  161  violation of this section or to prevent a violation of this
  162  section. An action for relief may include a permanent or
  163  temporary injunction, a restraining order, or any other
  164  appropriate order.
  165         (5)(4)(a) The division shall adopt by rule a form to elicit
  166  specific information concerning the facts and circumstances from
  167  a person who claims to have been registered to vote by a third
  168  party voter registration organization but who does not appear as
  169  an active voter on the voter registration rolls. The division
  170  shall also adopt rules to ensure the integrity of the
  171  registration process, including rules requiring third-party
  172  voter registration organizations to account for all state and
  173  federal registration forms used by their registration agents.
  174  Such rules may require an organization to provide organization
  175  and form specific identification information on each form as
  176  determined by the department as needed to assist in the
  177  accounting of state and federal registration forms.
  178         (b) The division may investigate any violation of this
  179  section. Civil fines shall be assessed by the division and
  180  enforced through any appropriate legal proceedings.
  181         (6)(5) The date on which an applicant signs a voter
  182  registration application is presumed to be the date on which the
  183  third-party voter registration organization received or
  184  collected the voter registration application.
  185         (7)(6) The civil fines provided in this section are in
  186  addition to any applicable criminal penalties.
  187         (8)(7) Fines collected pursuant to this section shall be
  188  annually appropriated by the Legislature to the department for
  189  enforcement of this section and for voter education.
  190         (9)(8) The division may adopt rules to administer this
  191  section.
  192         (10) The requirements of this section are retroactive for
  193  any third-party voter registration organization registered with
  194  the department on July 1, 2011, and must be complied with within
  195  90 days after the department provides notice to the third-party
  196  voter registration organization of the requirements contained in
  197  this section. Failure of the third-party voter registration
  198  organization to comply with the requirements within 90 days
  199  after receipt of the notice shall automatically result in the
  200  cancellation of the third-party voter registration
  201  organization’s registration.
  202         Section 5. Effective August 1, 2012, section 97.071,
  203  Florida Statutes, is amended to read:
  204         97.071 Voter information card.—
  205         (1) A voter information card shall be furnished by the
  206  supervisor to all registered voters residing in the supervisor’s
  207  county. The card must contain:
  208         (a) Voter’s registration number.
  209         (b) Date of registration.
  210         (c) Full name.
  211         (d) Party affiliation.
  212         (e) Date of birth.
  213         (f) Address of legal residence.
  214         (g) Precinct number.
  215         (h) Polling place address.
  216         (i)(h) Name of supervisor and contact information of
  217  supervisor.
  218         (j)(i) Other information deemed necessary by the
  219  supervisor.
  220         (2) A voter may receive a replacement voter information
  221  card by providing a signed, written request for a replacement
  222  card to a voter registration official. Upon verification of
  223  registration, the supervisor shall issue the voter a duplicate
  224  card without charge.
  225         (3) In the case of a change of name, address of legal
  226  residence, polling place address, or party affiliation, the
  227  supervisor shall issue the voter a new voter information card.
  228         Section 6. Subsection (1) of section 97.073, Florida
  229  Statutes, is amended to read:
  230         97.073 Disposition of voter registration applications;
  231  cancellation notice.—
  232         (1) The supervisor must notify each applicant of the
  233  disposition of the applicant’s voter registration application
  234  within 5 business days after voter registration information is
  235  entered into the statewide voter registration system. The notice
  236  must inform the applicant that the application has been
  237  approved, is incomplete, has been denied, or is a duplicate of a
  238  current registration. A voter information card sent to an
  239  applicant constitutes notice of approval of registration. If the
  240  application is incomplete, the supervisor must request that the
  241  applicant supply the missing information using a voter
  242  registration application signed by the applicant. A notice of
  243  denial must inform the applicant of the reason the application
  244  was denied.
  245         Section 7. Section 97.1031, Florida Statutes, is amended to
  246  read:
  247         97.1031 Notice of change of residence, change of name, or
  248  change of party affiliation.—
  249         (1)(a) When an elector changes his or her residence
  250  address, the elector must notify the supervisor of elections.
  251  Except as provided in paragraph (b), an address change must be
  252  submitted using a voter registration application.
  253         (b) If the address change is within the state and notice is
  254  provided to the supervisor of elections of the county where the
  255  elector has moved, the elector may change his or her residence
  256  address by:
  257         1. Contacting the supervisor of elections by telephone or
  258  electronic means; or
  259         2. Submitting the change on a voter registration
  260  application or other signed written notice. moves from the
  261  address named on that person’s voter registration record to
  262  another address within the same county, the elector must provide
  263  notification of such move to the supervisor of elections of that
  264  county. The elector may provide the supervisor a signed, written
  265  notice or may notify the supervisor by telephone or electronic
  266  means. However, notification of such move other than by signed,
  267  written notice must include the elector’s date of birth. An
  268  elector may also provide notification to other voter
  269  registration officials as provided in subsection (2). A voter
  270  information card reflecting the new information shall be issued
  271  to the elector as provided in subsection (3).
  272         (2) When an elector moves from the address named on that
  273  person’s voter registration record to another address in a
  274  different county but within the state, the elector seeks to
  275  change party affiliation, the elector shall notify his or her
  276  supervisor of elections or other voter registration official by
  277  using a signed written notice with the elector’s date of birth.
  278  When an or the elector changes his or her name of an elector is
  279  changed by marriage or other legal process, the elector shall
  280  notify his or her supervisor of elections or other provide
  281  notice of such change to a voter registration official by using
  282  a voter registration application signed by the elector. A voter
  283  information card reflecting the new information shall be issued
  284  to the elector as provided in subsection (3).
  285         (3) The voter registration official shall make the
  286  necessary changes in the elector’s records as soon as practical
  287  upon receipt of the such notice of a change of address of legal
  288  residence, name, or party affiliation. The supervisor of
  289  elections shall issue the new voter information card.
  290         Section 8. Subsections (3) and (6) of section 98.075,
  291  Florida Statutes, are amended to read:
  292         98.075 Registration records maintenance activities;
  293  ineligibility determinations.—
  294         (3) DECEASED PERSONS.—
  295         (a)1. The department shall identify those registered voters
  296  who are deceased by comparing information on the lists of
  297  deceased persons received from either:
  298         a. The Department of Health as provided in s. 98.093; or
  299         b. The United States Social Security Administration,
  300  including, but not limited to, any master death file or index
  301  that the administration compiles.
  302         2. Within 7 days after Upon receipt of such information
  303  through the statewide voter registration system, the supervisor
  304  shall remove the name of the registered voter.
  305         (b) The supervisor shall remove the name of a deceased
  306  registered voter from the statewide voter registration system
  307  upon receipt of a copy of a death certificate issued by a
  308  governmental agency authorized to issue death certificates.
  309         (6) OTHER BASES FOR INELIGIBILITY.—If the department or
  310  supervisor receives information other than from the sources
  311  other than those identified in subsections (2)-(5) that a
  312  registered voter is ineligible because he or she is deceased,
  313  adjudicated a convicted felon without having had his or her
  314  civil rights restored, adjudicated mentally incapacitated
  315  without having had his or her voting rights restored, does not
  316  meet the age requirement pursuant to s. 97.041, is not a United
  317  States citizen, is a fictitious person, or has listed a
  318  residence that is not his or her legal residence, the supervisor
  319  shall adhere to the procedures set forth in subsection (7) prior
  320  to the removal of a registered voter’s name from the statewide
  321  voter registration system.
  322         Section 9. Subsection (1) and paragraphs (e) and (f) of
  323  subsection (2) of section 98.093, Florida Statutes, are amended
  324  to read:
  325         98.093 Duty of officials to furnish information relating to
  326  lists of deceased persons, persons adjudicated mentally
  327  incapacitated, and persons convicted of a felony.—
  328         (1) In order to identify ineligible registered voters and
  329  to maintain ensure the maintenance of accurate and current voter
  330  registration records in the statewide voter registration system
  331  pursuant to procedures in s. 98.065 or s. 98.075, it is
  332  necessary for the department and supervisors of elections to
  333  receive or access certain information from state and federal
  334  officials and entities in the format prescribed. The department
  335  and supervisors of elections shall use the information provided
  336  from the sources in subsection (2) to maintain the voter
  337  registration records.
  338         (2) To the maximum extent feasible, state and local
  339  government agencies shall facilitate provision of information
  340  and access to data to the department, including, but not limited
  341  to, databases that contain reliable criminal records and records
  342  of deceased persons. State and local government agencies that
  343  provide such data shall do so without charge if the direct cost
  344  incurred by those agencies is not significant.
  345         (e) The Florida Parole Commission Board of Executive
  346  Clemency shall furnish at least bimonthly monthly to the
  347  department data including a list of those persons granted
  348  clemency in the preceding month or any updates to prior records
  349  which have occurred in the preceding month. The data list shall
  350  contain the commission’s Board of Executive Clemency case
  351  number, name, address, date of birth, race, gender sex, Florida
  352  driver’s license number, Florida identification card number, or
  353  the last four digits of the social security number, if
  354  available, and references to record identifiers assigned by the
  355  Department of Corrections and the Department of Law Enforcement,
  356  a unique identifier of each clemency case, and the effective
  357  date of clemency of each person.
  358         (f) The Department of Corrections shall identify those
  359  persons who have been convicted of a felony and committed to its
  360  custody or placed on felony community supervision in a time and
  361  manner that enables furnish monthly to the department to
  362  identify registered voters who are convicted felons and to meet
  363  obligations under state and federal law. a list of those persons
  364  transferred to the Department of Corrections in the preceding
  365  month or any updates to prior records which have occurred in the
  366  preceding month. The list shall contain the name, address, date
  367  of birth, race, sex, social security number, Department of
  368  Corrections record identification number, and associated
  369  Department of Law Enforcement felony conviction record number of
  370  each person.
  371         Section 10. Effective July 1, 2012, subsections (1) and (2)
  372  of section 98.0981, Florida Statutes, are amended to read:
  373         98.0981 Reports; voting history; statewide voter
  374  registration system information; precinct-level election
  375  results; book closing statistics.—
  376         (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
  377  INFORMATION.—
  378         (a) Within 30 45 days after certification by the Elections
  379  Canvassing Commission of a presidential preference primary,
  380  special election, primary election, or a general election,
  381  supervisors of elections shall transmit to the department, in a
  382  uniform electronic format specified in paragraph (d) by the
  383  department, completely updated voting history information for
  384  each qualified voter who voted.
  385         (b) After receipt of the information in paragraph (a), the
  386  department shall prepare a report in electronic format which
  387  contains the following information, separately compiled for the
  388  primary and general election for all voters qualified to vote in
  389  either election:
  390         1. The unique identifier assigned to each qualified voter
  391  within the statewide voter registration system;
  392         2. All information provided by each qualified voter on his
  393  or her voter registration application pursuant to s. 97.052(2),
  394  except that which is confidential or exempt from public records
  395  requirements;
  396         3. Each qualified voter’s date of registration;
  397         4. Each qualified voter’s current state representative
  398  district, state senatorial district, and congressional district,
  399  assigned by the supervisor of elections;
  400         5. Each qualified voter’s current precinct; and
  401         6. Voting history as transmitted under paragraph (a) to
  402  include whether the qualified voter voted at a precinct
  403  location, voted during the early voting period, voted by
  404  absentee ballot, attempted to vote by absentee ballot that was
  405  not counted, attempted to vote by provisional ballot that was
  406  not counted, or did not vote.
  407         (c) Within 45 60 days after certification by the Elections
  408  Canvassing Commission of a presidential preference primary,
  409  special election, primary election, or a general election, the
  410  department shall send to the President of the Senate, the
  411  Speaker of the House of Representatives, the Senate Minority
  412  Leader, and the House Minority Leader a report in electronic
  413  format that includes all information set forth in paragraph (b).
  414         (d) File specifications are as follows:
  415         1. The file shall contain records designated by the
  416  categories below for all qualified voters who, regardless of the
  417  voter’s county of residence or active or inactive registration
  418  status at the book closing for the corresponding election that
  419  the file is being created for:
  420         a. Voted a regular ballot at a precinct location.
  421         b. Voted at a precinct location using a provisional ballot
  422  that was subsequently counted.
  423         c. Voted a regular ballot during the early voting period.
  424         d. Voted during the early voting period using a provisional
  425  ballot that was subsequently counted.
  426         e. Voted by absentee ballot.
  427         f. Attempted to vote by absentee ballot but the ballot was
  428  not counted.
  429         g. Attempted to vote by provisional ballot but the ballot
  430  was not counted in that election.
  431         2. Each file shall be created or converted into a tab
  432  delimited format.
  433         3. File names shall adhere to the following convention:
  434         a. Three-character county identifier as established by the
  435  department followed by an underscore.
  436         b. Followed by four-character file type identifier of
  437  ‘VH03’ followed by an underscore.
  438         c. Followed by FVRS election ID followed by an underscore.
  439         d. Followed by Date Created followed by an underscore.
  440         e. Date format is YYYYMMDD.
  441         f. Followed by Time Created - HHMMSS.
  442         g. Followed by “.txt”.
  443         4. Each record shall contain the following columns: Record
  444  Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
  445  Date, Vote History Code, Precinct, Congressional District, House
  446  District, Senate District, County Commission District, and
  447  School Board District.
  448         (e) Each supervisor of elections shall reconcile, before
  449  submission, the aggregate total of ballots cast in each precinct
  450  as reported in the precinct-level election results to the
  451  aggregate total number of voters with voter history for the
  452  election for each district.
  453         (f) Each supervisor of elections shall submit the results
  454  of the data reconciliation as described in paragraph (e) to the
  455  department in an electronic format and give a written
  456  explanation for any precincts where the reconciliation as
  457  described in paragraph (e) results in a discrepancy between the
  458  voter history and the election results.
  459         (2)(a) PRECINCT-LEVEL ELECTION RESULTS.—Within 30 45 days
  460  after certification by the Elections Canvassing Commission the
  461  date of a presidential preference primary election, a special
  462  election, primary election, or a general election, the
  463  supervisors of elections shall collect and submit to the
  464  department precinct-level election results for the election in a
  465  uniform electronic format specified by paragraph (c) the
  466  department. The precinct-level election results shall be
  467  compiled separately for the primary or special primary election
  468  that preceded the general or special general election,
  469  respectively. The results shall specifically include for each
  470  precinct the aggregate total of all ballots cast for each
  471  candidate or nominee to fill a national, state, county, or
  472  district office or proposed constitutional amendment, with
  473  subtotals for each candidate and ballot type, unless fewer than
  474  10 voters voted a ballot type. “All ballots cast” means ballots
  475  cast by voters who cast a ballot whether at a precinct location,
  476  by absentee ballot including overseas absentee ballots, during
  477  the early voting period, or by provisional ballot.
  478         (b) The department shall make such information available on
  479  a searchable, sortable, and downloadable database via its
  480  website that also includes the file layout and codes. The
  481  database shall be searchable and sortable by county, precinct,
  482  and candidate. The database shall be downloadable in a tab
  483  delimited format. The database shall be available for download
  484  county-by-county and also as a statewide file. Such report shall
  485  also be made available upon request.
  486         (c) The files containing the precinct-level election
  487  results shall be created in accordance with the applicable file
  488  specification:
  489         1. The precinct-level results file shall be created or
  490  converted into a tab-delimited text file.
  491         2. The row immediately before the first data record shall
  492  contain the column names of the data elements that make up the
  493  data records. There shall be one header record followed by
  494  multiple data records.
  495         3. The data records shall include the following columns:
  496  County Name, Election Number, Election Date, Unique Precinct
  497  Identifier, Precinct Polling Location, Total Registered Voters,
  498  Total Registered Republicans, Total Registered Democrats, Total
  499  Registered All Other Parties, Contest Name,
  500  Candidate/Retention/Issue Name, Candidate Florida Voter
  501  Registration System ID Number, Division of Elections Unique
  502  Candidate Identifying Number, Candidate Party, District,
  503  Undervote Total, Overvote Total, Write-in Total, and Vote Total.
  504         Section 11. Subsections (5) and (7) of section 99.012,
  505  Florida Statutes, are amended to read:
  506         99.012 Restrictions on individuals qualifying for public
  507  office.—
  508         (5) If an order of a court that has become final determines
  509  that a person did not comply with this section, the person shall
  510  not be qualified as a candidate for election and his or her name
  511  may not appear on the ballot. The name of any person who does
  512  not comply with this section may be removed from every ballot on
  513  which it appears when ordered by a circuit court upon the
  514  petition of an elector or the Department of State.
  515         (7) Nothing contained in subsection (3) relates to persons
  516  holding any federal office or seeking the office of President or
  517  Vice President.
  518         Section 12. Paragraphs (a) and (b) of subsection (1) of
  519  section 99.021, Florida Statutes, are amended, and subsection
  520  (3) is added to that section, to read:
  521         99.021 Form of candidate oath.—
  522         (1)(a)1. Each candidate, whether a party candidate, a
  523  candidate with no party affiliation, or a write-in candidate, in
  524  order to qualify for nomination or election to any office other
  525  than a judicial office as defined in chapter 105 or a federal
  526  office, shall take and subscribe to an oath or affirmation in
  527  writing. A printed copy of the oath or affirmation shall be made
  528  available furnished to the candidate by the officer before whom
  529  such candidate seeks to qualify and shall be substantially in
  530  the following form:
  531  
  532  State of Florida
  533  County of....
  534         Before me, an officer authorized to administer oaths,
  535  personally appeared ...(please print name as you wish it to
  536  appear on the ballot)..., to me well known, who, being sworn,
  537  says that he or she is a candidate for the office of ....; that
  538  he or she is a qualified elector of .... County, Florida; that
  539  he or she is qualified under the Constitution and the laws of
  540  Florida to hold the office to which he or she desires to be
  541  nominated or elected; that he or she has taken the oath required
  542  by ss. 876.05-876.10, Florida Statutes; that he or she has
  543  qualified for no other public office in the state, the term of
  544  which office or any part thereof runs concurrent with that of
  545  the office he or she seeks; and that he or she has resigned from
  546  any office from which he or she is required to resign pursuant
  547  to s. 99.012, Florida Statutes; and that he or she will support
  548  the Constitution of the United States and the Constitution of
  549  the State of Florida.
  550  ...(Signature of candidate)...
  551  ...(Address)...
  552  Sworn to and subscribed before me this .... day of ....,
  553  ...(year)..., at .... County, Florida.
  554  ...(Signature and title of officer administering oath)...
  555         2. Each candidate for federal office, whether a party
  556  candidate, a candidate with no party affiliation, or a write-in
  557  candidate, in order to qualify for nomination or election to
  558  office shall take and subscribe to an oath or affirmation in
  559  writing. A printed copy of the oath or affirmation shall be made
  560  available furnished to the candidate by the officer before whom
  561  such candidate seeks to qualify and shall be substantially in
  562  the following form:
  563  
  564  State of Florida
  565  County of ....
  566         Before me, an officer authorized to administer oaths,
  567  personally appeared ...(please print name as you wish it to
  568  appear on the ballot)..., to me well known, who, being sworn,
  569  says that he or she is a candidate for the office of ....; that
  570  he or she is qualified under the Constitution and laws of the
  571  United States to hold the office to which he or she desires to
  572  be nominated or elected; and that he or she has qualified for no
  573  other public office in the state, the term of which office or
  574  any part thereof runs concurrent with that of the office he or
  575  she seeks; and that he or she will support the Constitution of
  576  the United States.
  577  ...(Signature of candidate)...
  578  ...(Address)...
  579  Sworn to and subscribed before me this .... day of ....,
  580  ...(year)..., at .... County, Florida.
  581  ...(Signature and title of officer administering oath)...
  582         (b) In addition, any person seeking to qualify for
  583  nomination as a candidate of any political party shall, at the
  584  time of subscribing to the oath or affirmation, state in
  585  writing:
  586         1. The party of which the person is a member.
  587         2. That the person is not a registered member of any other
  588  political party and has not been a registered member of
  589  candidate for nomination for any other political party for 365
  590  days before the beginning of qualifying for a period of 6 months
  591  preceding the general election for which the person seeks to
  592  qualify.
  593         3. That the person has paid the assessment levied against
  594  him or her, if any, as a candidate for said office by the
  595  executive committee of the party of which he or she is a member.
  596         (3) This section does not apply to persons who seek to
  597  qualify for election pursuant to the provisions of ss. 103.021
  598  and 103.101.
  599         Section 13. Subsections (5) and (7) of section 99.061,
  600  Florida Statutes, are amended, and subsection (11) is added to
  601  that section, to read:
  602         99.061 Method of qualifying for nomination or election to
  603  federal, state, county, or district office.—
  604         (5) At the time of qualifying for office, each candidate
  605  for a constitutional office shall file a full and public
  606  disclosure of financial interests pursuant to s. 8, Art. II of
  607  the State Constitution, duly notarized pursuant to s. 117.05,
  608  and a candidate for any other office, including local elective
  609  office, shall file a statement of financial interests pursuant
  610  to s. 112.3145.
  611         (7)(a) In order for a candidate to be qualified, the
  612  following items must be received by the filing officer by the
  613  end of the qualifying period:
  614         1. A properly executed check drawn upon the candidate’s
  615  campaign account payable to the person or entity as prescribed
  616  by the filing officer in an amount not less than the fee
  617  required by s. 99.092, unless the candidate obtained the
  618  required number of signatures on petitions or, in lieu thereof,
  619  as applicable, the copy of the notice of obtaining ballot
  620  position pursuant to s. 99.095. The filing fee for a special
  621  district candidate is not required to be drawn upon the
  622  candidate’s campaign account. If a candidate’s check is returned
  623  by the bank for any reason, the filing officer shall immediately
  624  notify the candidate and the candidate shall have until, the end
  625  of qualifying notwithstanding, have 48 hours from the time such
  626  notification is received, excluding Saturdays, Sundays, and
  627  legal holidays, to pay the fee with a cashier’s check purchased
  628  from funds of the campaign account. Failure to pay the fee as
  629  provided in this subparagraph shall disqualify the candidate.
  630         2. The candidate’s oath required by s. 99.021, which must
  631  contain the name of the candidate as it is to appear on the
  632  ballot; the office sought, including the district or group
  633  number if applicable; and the signature of the candidate, duly
  634  notarized pursuant to s. 117.05 acknowledged.
  635         3. The loyalty oath required by s. 876.05, signed by the
  636  candidate and duly acknowledged.
  637         3.4. If the office sought is partisan, the written
  638  statement of political party affiliation required by s.
  639  99.021(1)(b).
  640         4.5. The completed form for the appointment of campaign
  641  treasurer and designation of campaign depository, as required by
  642  s. 106.021.
  643         5.6. The full and public disclosure or statement of
  644  financial interests required by subsection (5). A public officer
  645  who has filed the full and public disclosure or statement of
  646  financial interests with the Commission on Ethics or the
  647  supervisor of elections prior to qualifying for office may file
  648  a copy of that disclosure at the time of qualifying.
  649         (b) If the filing officer receives qualifying papers during
  650  the qualifying period prescribed in this section that do not
  651  include all items as required by paragraph (a) prior to the last
  652  day of qualifying, the filing officer shall make a reasonable
  653  effort to notify the candidate of the missing or incomplete
  654  items and shall inform the candidate that all required items
  655  must be received by the close of qualifying. A candidate’s name
  656  as it is to appear on the ballot may not be changed after the
  657  end of qualifying.
  658         (c) The filing officer performs a ministerial function in
  659  reviewing qualifying papers. In determining whether a candidate
  660  is qualified, the filing officer shall review the qualifying
  661  papers to determine whether all items required by paragraph (a)
  662  have been properly filed and whether each item is complete on
  663  its face, including whether items requiring notarizations are
  664  properly notarized as required by s. 117.05. The filing officer
  665  may not determine whether the contents of the qualifying papers
  666  are accurate.
  667         (11) The decision of the filing officer concerning whether
  668  a candidate is qualified is exempt from the provisions of
  669  chapter 120.
  670         Section 14. Subsection (2) of section 99.063, Florida
  671  Statutes, is amended to read:
  672         99.063 Candidates for Governor and Lieutenant Governor.—
  673         (2) No later than 5 p.m. of the 9th day following the
  674  primary election, each designated candidate for Lieutenant
  675  Governor shall file with the Department of State:
  676         (a) The candidate’s oath required by s. 99.021, which must
  677  contain the name of the candidate as it is to appear on the
  678  ballot; the office sought; and the signature of the candidate,
  679  duly acknowledged.
  680         (b) The loyalty oath required by s. 876.05, signed by the
  681  candidate and duly acknowledged.
  682         (b)(c) If the office sought is partisan, the written
  683  statement of political party affiliation required by s.
  684  99.021(1)(b).
  685         (c)(d) The full and public disclosure of financial
  686  interests pursuant to s. 8, Art. II of the State Constitution. A
  687  public officer who has filed the full and public disclosure with
  688  the Commission on Ethics prior to qualifying for office may file
  689  a copy of that disclosure at the time of qualifying.
  690         Section 15. Subsection (1) of section 99.093, Florida
  691  Statutes, is amended to read:
  692         99.093 Municipal candidates; election assessment.—
  693         (1) Each person seeking to qualify for nomination or
  694  election to a municipal office shall pay, at the time of
  695  qualifying for office, an election assessment. The election
  696  assessment shall be an amount equal to 1 percent of the annual
  697  salary of the office sought. Within 30 days after the close of
  698  qualifying, the qualifying officer shall forward all assessments
  699  collected pursuant to this section to the Florida Elections
  700  Commission Department of State for transfer to the Elections
  701  Commission Trust Fund within the Department of Legal Affairs.
  702         Section 16. Paragraph (d) is added to subsection (2) of
  703  section 99.095, Florida Statutes, to read:
  704         99.095 Petition process in lieu of a qualifying fee and
  705  party assessment.—
  706         (2)
  707         (d) In a year of apportionment, any candidate for county or
  708  district office seeking ballot position by the petition process
  709  may obtain the required number of signatures from any registered
  710  voter in the respective county, regardless of district
  711  boundaries. The candidate shall obtain at least the number of
  712  signatures equal to 1 percent of the total number of registered
  713  voters, as shown by a compilation by the department for the
  714  immediately preceding general election, divided by the total
  715  number of districts of the office involved.
  716         Section 17. Subsections (1), (3), and (5) of section
  717  99.097, Florida Statutes, are amended, and subsection (6) is
  718  added to that section, to read:
  719         99.097 Verification of signatures on petitions.—
  720         (1)(a) As determined by each supervisor, based upon local
  721  conditions, the checking of names on petitions may be based on
  722  the most inexpensive and administratively feasible of either of
  723  the following methods of verification:
  724         1.(a) A name-by-name, signature-by-signature check of each
  725  petition the number of authorized signatures on the petitions;
  726  or
  727         2.(b) A check of a random sample, as provided by the
  728  Department of State, of names and signatures on the petitions.
  729  The sample must be such that a determination can be made as to
  730  whether or not the required number of signatures has have been
  731  obtained with a reliability of at least 99.5 percent.
  732         (b) Rules and guidelines for this method of petition
  733  verification shall be adopted promulgated by the Department of
  734  State. Rules and guidelines for a random-sample method of
  735  verification, which may include a requirement that petitions
  736  bear an additional number of names and signatures, not to exceed
  737  15 percent of the names and signatures otherwise required. If
  738  the petitions do not meet such criteria or if the petitions are
  739  prescribed by s. 100.371, then the use of the random-sample
  740  method of verification is method described in this paragraph
  741  shall not be available to supervisors.
  742         (3)(a) If all other requirements for the petition are met,
  743  a signature on a petition shall be verified and counted as valid
  744  for a registered voter if after comparing the signature on the
  745  petition and the signature of the registered voter in the voter
  746  registration system, the supervisor is able to determine that
  747  the petition signer is the same as the registered voter, even if
  748  the name on the petition is not in substantially the same form
  749  as in the voter registration system. A name on a petition, which
  750  name is not in substantially the same form as a name on the
  751  voter registration books, shall be counted as a valid signature
  752  if, after comparing the signature on the petition with the
  753  signature of the alleged signer as shown on the registration
  754  books, the supervisor determines that the person signing the
  755  petition and the person who registered to vote are one and the
  756  same.
  757         (b) In any situation in which this code requires the form
  758  of the petition to be prescribed by the division, no signature
  759  shall be counted toward the number of signatures required unless
  760  it is on a petition form prescribed by the division.
  761         (c)(b) If a voter signs a petition and lists an address
  762  other than the legal residence where the voter is registered,
  763  the supervisor shall treat the signature as if the voter had
  764  listed the address where the voter is registered.
  765         (5) The results of a verification pursuant to subparagraph
  766  (1)(a)2. paragraph (1)(b) may be contested in the circuit court
  767  by the candidate; an announced opponent; a representative of a
  768  designated political committee; or a person, party, or other
  769  organization submitting the petition. The contestant shall file
  770  a complaint, together with the fees prescribed in chapter 28,
  771  with the clerk of the circuit court in the county in which the
  772  petition is certified or in Leon County if the petition covers
  773  more than one county within 10 days after midnight of the date
  774  the petition is certified; and the complaint shall set forth the
  775  grounds on which the contestant intends to establish his or her
  776  right to require a complete check of the petition names and
  777  signatures pursuant to subparagraph (1)(a)1. paragraph (1)(a).
  778  In the event the court orders a complete check of the petition
  779  and the result is not changed as to the success or lack of
  780  success of the petitioner in obtaining the requisite number of
  781  valid signatures, then such candidate, unless the candidate has
  782  filed the oath stating that he or she is unable to pay such
  783  charges; announced opponent; representative of a designated
  784  political committee; or party, person, or organization
  785  submitting the petition, unless such person or organization has
  786  filed the oath stating inability to pay such charges, shall pay
  787  to the supervisor of elections of each affected county for the
  788  complete check an amount calculated at the rate of 10 cents for
  789  each additional signature checked or the actual cost of checking
  790  such additional signatures, whichever is less.
  791         (6)(a) If any person is paid to solicit signatures on a
  792  petition, an undue burden oath may not subsequently be filed in
  793  lieu of paying the fee to have signatures verified for that
  794  petition.
  795         (b) If an undue burden oath has been filed and payment is
  796  subsequently made to any person to solicit signatures on a
  797  petition, then the undue burden oath is no longer valid and a
  798  fee for all signatures previously submitted to the supervisor of
  799  elections and for any that are submitted thereafter shall be
  800  paid by the candidate, person, or organization that submitted
  801  the undue burden oath. If contributions as defined in s. 106.011
  802  are received, any monetary contributions shall first be used to
  803  reimburse the supervisor of elections for any signature
  804  verification fees not paid because of an undue burden oath being
  805  filed.
  806         Section 18. Section 100.061, Florida Statutes, is amended
  807  to read:
  808         100.061 Primary election.—In each year in which a general
  809  election is held, a primary election for nomination of
  810  candidates of political parties shall be held on the Tuesday 12
  811  10 weeks before prior to the general election. The candidate
  812  receiving the highest number of votes cast in each contest in
  813  the primary election shall be declared nominated for such
  814  office. If two or more candidates receive an equal and highest
  815  number of votes for the same office, such candidates shall draw
  816  lots to determine which candidate is nominated.
  817         Section 19. Section 100.111, Florida Statutes, is amended
  818  to read:
  819         100.111 Filling vacancy.—
  820         (1)(a) If any vacancy occurs in any office which is
  821  required to be filled pursuant to s. 1(f), Art. IV of the State
  822  Constitution and the remainder of the term of such office is 28
  823  months or longer, then at the next general election a person
  824  shall be elected to fill the unexpired portion of such term,
  825  commencing on the first Tuesday after the first Monday following
  826  such general election.
  827         (b) If such a vacancy occurs prior to the first day set by
  828  law for qualifying for election to office at such general
  829  election, any person seeking nomination or election to the
  830  unexpired portion of the term shall qualify within the time
  831  prescribed by law for qualifying for other offices to be filled
  832  by election at such general election.
  833         (c) If such a vacancy occurs prior to the primary election
  834  but on or after the first day set by law for qualifying, the
  835  Secretary of State shall set dates for qualifying for the
  836  unexpired portion of the term of such office. Any person seeking
  837  nomination or election to the unexpired portion of the term
  838  shall qualify within the time set by the Secretary of State. If
  839  time does not permit party nominations to be made in conjunction
  840  with the primary election, the Governor may call a special
  841  primary election to select party nominees for the unexpired
  842  portion of such term.
  843         (2)(a) If, in any state or county office required to be
  844  filled by election, a vacancy occurs during an election year by
  845  reason of the incumbent having qualified as a candidate for
  846  federal office pursuant to s. 99.061, no special election is
  847  required. Any person seeking nomination or election to the
  848  office so vacated shall qualify within the time prescribed by s.
  849  99.061 for qualifying for state or county offices to be filled
  850  by election.
  851         (b) If such a vacancy occurs in an election year other than
  852  the one immediately preceding expiration of the present term,
  853  the Secretary of State shall notify the supervisor of elections
  854  in each county served by the office that a vacancy has been
  855  created. Such notice shall be provided to the supervisor of
  856  elections not later than the close of the first day set for
  857  qualifying for state or county office. The supervisor shall
  858  provide public notice of the vacancy in any manner the Secretary
  859  of State deems appropriate.
  860         (2)(3) Whenever there is a vacancy for which a special
  861  election is required pursuant to s. 100.101, the Governor, after
  862  consultation with the Secretary of State, shall fix the dates of
  863  a special primary election and a special election. Nominees of
  864  political parties shall be chosen under the primary laws of this
  865  state in the special primary election to become candidates in
  866  the special election. Prior to setting the special election
  867  dates, the Governor shall consider any upcoming elections in the
  868  jurisdiction where the special election will be held. The dates
  869  fixed by the Governor shall be specific days certain and shall
  870  not be established by the happening of a condition or stated in
  871  the alternative. The dates fixed shall provide a minimum of 2
  872  weeks between each election. In the event a vacancy occurs in
  873  the office of state senator or member of the House of
  874  Representatives when the Legislature is in regular legislative
  875  session, the minimum times prescribed by this subsection may be
  876  waived upon concurrence of the Governor, the Speaker of the
  877  House of Representatives, and the President of the Senate. If a
  878  vacancy occurs in the office of state senator and no session of
  879  the Legislature is scheduled to be held prior to the next
  880  general election, the Governor may fix the dates for the special
  881  primary election and for the special election to coincide with
  882  the dates of the primary election and general election. If a
  883  vacancy in office occurs in any district in the state Senate or
  884  House of Representatives or in any congressional district, and
  885  no session of the Legislature, or session of Congress if the
  886  vacancy is in a congressional district, is scheduled to be held
  887  during the unexpired portion of the term, the Governor is not
  888  required to call a special election to fill such vacancy.
  889         (a) The dates for candidates to qualify in such special
  890  election or special primary election shall be fixed by the
  891  Department of State, and candidates shall qualify not later than
  892  noon of the last day so fixed. The dates fixed for qualifying
  893  shall allow a minimum of 14 days between the last day of
  894  qualifying and the special primary election.
  895         (b) The filing of campaign expense statements by candidates
  896  in such special elections or special primaries and by committees
  897  making contributions or expenditures to influence the results of
  898  such special primaries or special elections shall be not later
  899  than such dates as shall be fixed by the Department of State,
  900  and in fixing such dates the Department of State shall take into
  901  consideration and be governed by the practical time limitations.
  902         (c) The dates for a candidate to qualify by the petition
  903  process pursuant to s. 99.095 in such special primary or special
  904  election shall be fixed by the Department of State. In fixing
  905  such dates the Department of State shall take into consideration
  906  and be governed by the practical time limitations. Any candidate
  907  seeking to qualify by the petition process in a special primary
  908  election shall obtain 25 percent of the signatures required by
  909  s. 99.095.
  910         (d) The qualifying fees and party assessments of such
  911  candidates as may qualify shall be the same as collected for the
  912  same office at the last previous primary for that office. The
  913  party assessment shall be paid to the appropriate executive
  914  committee of the political party to which the candidate belongs.
  915         (e) Each county canvassing board shall make as speedy a
  916  return of the result of such special primary elections and
  917  special elections as time will permit, and the Elections
  918  Canvassing Commission likewise shall make as speedy a canvass
  919  and declaration of the nominees as time will permit.
  920         (3)(4)(a) In the event that death, resignation, withdrawal,
  921  or removal, or any other cause or event should cause a party to
  922  have a vacancy in nomination which leaves no candidate for an
  923  office from such party, the filing officer before whom the
  924  candidate qualified Department of State shall notify the chair
  925  of the appropriate state, district, or county political party
  926  executive committee of such party; and,
  927         1. If the vacancy in nomination is for a statewide office,
  928  the state party chair shall, within 5 days, the chair shall call
  929  a meeting of his or her executive board committee to consider
  930  designation of a nominee to fill the vacancy.
  931         2. If the vacancy in nomination is for the office of United
  932  States Representative, state senator, state representative,
  933  state attorney, or public defender, the state party chair shall
  934  notify the appropriate county chair or chairs and, within 5
  935  days, the appropriate county chair or chairs shall call a
  936  meeting of the members of the executive committee in the
  937  affected county or counties to consider designation of a nominee
  938  to fill the vacancy.
  939         3. If the vacancy in nomination is for a county office, the
  940  state party chair shall notify the appropriate county chair and,
  941  within 5 days, the appropriate county chair shall call a meeting
  942  of his or her executive committee to consider designation of a
  943  nominee to fill the vacancy.
  944  
  945  The name of any person so designated shall be submitted to the
  946  filing officer before whom the candidate qualified Department of
  947  State within 7 days after notice to the chair in order that the
  948  person designated may have his or her name on the ballot of the
  949  ensuing general election. If the name of the new nominee is
  950  submitted after the certification of results of the preceding
  951  primary election, however, the ballots shall not be changed and
  952  the former party nominee’s name will appear on the ballot. Any
  953  ballots cast for the former party nominee will be counted for
  954  the person designated by the political party to replace the
  955  former party nominee. If there is no opposition to the party
  956  nominee, the person designated by the political party to replace
  957  the former party nominee will be elected to office at the
  958  general election. For purposes of this paragraph, the term
  959  “district political party executive committee” means the members
  960  of the state executive committee of a political party from those
  961  counties comprising the area involving a district office.
  962         (b) When, under the circumstances set forth in the
  963  preceding paragraph, vacancies in nomination are required to be
  964  filled by committee nominations, such vacancies shall be filled
  965  by party rule. In any instance in which a nominee is selected by
  966  a committee to fill a vacancy in nomination, such nominee shall
  967  pay the same filing fee and take the same oath as the nominee
  968  would have taken had he or she regularly qualified for election
  969  to such office.
  970         (c) Any person who, at the close of qualifying as
  971  prescribed in ss. 99.061 and 105.031, was qualified for
  972  nomination or election to or retention in a public office to be
  973  filled at the ensuing general election or who attempted to
  974  qualify and failed to qualify is prohibited from qualifying as a
  975  candidate to fill a vacancy in nomination for any other office
  976  to be filled at that general election, even if such person has
  977  withdrawn or been eliminated as a candidate for the original
  978  office sought. However, this paragraph does not apply to a
  979  candidate for the office of Lieutenant Governor who applies to
  980  fill a vacancy in nomination for the office of Governor on the
  981  same ticket or to a person who has withdrawn or been eliminated
  982  as a candidate and who is subsequently designated as a candidate
  983  for Lieutenant Governor under s. 99.063.
  984         (4) A vacancy in nomination is not created if an order of a
  985  court that has become final determines that a nominee did not
  986  properly qualify or did not meet the necessary qualifications to
  987  hold the office for which he or she sought to qualify.
  988         (5) In the event of unforeseeable circumstances not
  989  contemplated in these general election laws concerning the
  990  calling and holding of special primary elections and special
  991  elections resulting from court order or other unpredictable
  992  circumstances, the Department of State shall have the authority
  993  to provide for the conduct of orderly elections.
  994         Section 20. Subsections (1), (3), (6), (7), and (8) of
  995  section 100.371, Florida Statutes, are amended to read:
  996         100.371 Initiatives; procedure for placement on ballot.—
  997         (1) Constitutional amendments proposed by initiative shall
  998  be placed on the ballot for the general election, provided the
  999  initiative petition has been filed with the Secretary of State
 1000  no later than February 1 of the year the general election is
 1001  held. A petition shall be deemed to be filed with the Secretary
 1002  of State upon the date the secretary determines that valid and
 1003  verified petition forms have been signed by the constitutionally
 1004  required number and distribution of electors under this code,
 1005  subject to the right of revocation established in this section.
 1006         (3) An initiative petition form circulated for signature
 1007  may not be bundled with or attached to any other petition. Each
 1008  signature shall be dated when made and shall be valid for a
 1009  period of 2 4 years following such date, provided all other
 1010  requirements of law are met. The sponsor shall submit signed and
 1011  dated forms to the appropriate supervisor of elections for
 1012  verification as to the number of registered electors whose valid
 1013  signatures appear thereon. If the signer is a registered voter
 1014  of another county, the supervisor shall notify the petition
 1015  sponsor of the misfiled petition. The supervisor shall promptly
 1016  verify the signatures within 30 days after of receipt of the
 1017  petition forms and payment of the fee required by s. 99.097. The
 1018  supervisor shall promptly record, in the manner prescribed by
 1019  the Secretary of State, the date each form is received by the
 1020  supervisor, and the date the signature on the form is verified
 1021  as valid. The supervisor may verify that the signature on a form
 1022  is valid only if:
 1023         (a) The form contains the original signature of the
 1024  purported elector.
 1025         (b) The purported elector has accurately recorded on the
 1026  form the date on which he or she signed the form.
 1027         (c) The form accurately sets forth the purported elector’s
 1028  name, street address, city, county, and voter registration
 1029  number or date of birth.
 1030         (d) The purported elector is, at the time he or she signs
 1031  the form and at the time the form is verified, a duly qualified
 1032  and registered elector authorized to vote in the state county in
 1033  which his or her signature is submitted.
 1034  
 1035  The supervisor shall retain the signature forms for at least 1
 1036  year following the election in which the issue appeared on the
 1037  ballot or until the Division of Elections notifies the
 1038  supervisors of elections that the committee that which
 1039  circulated the petition is no longer seeking to obtain ballot
 1040  position.
 1041         (6)(a) An elector’s signature on a petition form may be
 1042  revoked within 150 days of the date on which he or she signed
 1043  the petition form by submitting to the appropriate supervisor of
 1044  elections a signed petition-revocation form.
 1045         (b) The petition-revocation form and the manner in which
 1046  signatures are obtained, submitted, and verified shall be
 1047  subject to the same relevant requirements and timeframes as the
 1048  corresponding petition form and processes under this code and
 1049  shall be approved by the Secretary of State before any signature
 1050  on a petition-revocation form is obtained.
 1051         (c) In those circumstances in which a petition-revocation
 1052  form for a corresponding initiative petition has not been
 1053  submitted and approved, an elector may complete and submit a
 1054  standard petition-revocation form directly to the supervisor of
 1055  elections. All other requirements and processes apply for the
 1056  submission and verification of the signatures as for initiative
 1057  petitions.
 1058         (d) Supervisors of elections shall provide petition
 1059  revocation forms to the public at all main and branch offices.
 1060         (e) The petition-revocation form shall be filed with the
 1061  supervisor of elections by February 1 preceding the next general
 1062  election or, if the initiative amendment is not certified for
 1063  ballot position in that election, by February 1 preceding the
 1064  next successive general election. The supervisor of elections
 1065  shall promptly verify the signature on the petition-revocation
 1066  form and process such revocation upon payment, in advance, of a
 1067  fee of 10 cents or the actual cost of verifying such signature,
 1068  whichever is less. The supervisor shall promptly record each
 1069  valid and verified signature on a petition-revocation form in
 1070  the manner prescribed by the Secretary of State.
 1071         (f) The division shall adopt by rule the petition
 1072  revocation forms to be used under this subsection.
 1073         (6)(7) The Department of State may adopt rules in
 1074  accordance with s. 120.54 to carry out the provisions of
 1075  subsections (1)-(5) (1)-(6).
 1076         (7)(8) No provision of this code shall be deemed to
 1077  prohibit a private person exercising lawful control over
 1078  privately owned property, including property held open to the
 1079  public for the purposes of a commercial enterprise, from
 1080  excluding from such property persons seeking to engage in
 1081  activity supporting or opposing initiative amendments.
 1082         Section 21. Effective July 1, 2012, subsections (3) and (4)
 1083  of section 101.001, Florida Statutes, are amended to read:
 1084         101.001 Precincts and polling places; boundaries.—
 1085         (3)(a) Each supervisor of elections shall maintain a
 1086  suitable map drawn to a scale no smaller than 3 miles to the
 1087  inch and clearly delineating all major observable features such
 1088  as roads, streams, and railway lines and showing the current
 1089  geographical boundaries of each precinct, representative
 1090  district, and senatorial district, and other type of district in
 1091  the county subject to the elections process in this code.
 1092         (b) The supervisor shall provide to the department data on
 1093  all precincts in the county associated with the most recent
 1094  decennial census blocks within each precinct.
 1095         (c) The department shall maintain a searchable database
 1096  that contains the precincts and the corresponding most recent
 1097  decennial census blocks within the precincts for each county,
 1098  including a historical file that allows the census blocks to be
 1099  traced through the prior decade.
 1100         (d)(b) The supervisor of elections shall notify the
 1101  Secretary of State in writing within 10 30 days after any
 1102  reorganization of precincts and shall furnish a copy of the map
 1103  showing the current geographical boundaries and designation of
 1104  each new precinct. However, if precincts are composed of whole
 1105  census blocks, the supervisor may furnish, in lieu of a copy of
 1106  the map, a list, in an electronic format prescribed by the
 1107  Department of State, associating each census block in the county
 1108  with its precinct.
 1109         (e)(c) Any precinct established or altered under the
 1110  provisions of this section shall consist of areas bounded on all
 1111  sides only by census block boundaries from the most recent
 1112  United States Census. If the census block boundaries split or
 1113  conflict with another political boundary listed below, the
 1114  boundary listed below may be used:
 1115         1. Census block boundaries from the most recent United
 1116  States Census;
 1117         1.2. Governmental unit boundaries reported in the most
 1118  recent Boundary and Annexation Survey published by the United
 1119  States Census Bureau;
 1120         2.3. Visible features that are readily distinguishable upon
 1121  the ground, such as streets, railroads, tracks, streams, and
 1122  lakes, and that are indicated upon current census maps, official
 1123  Department of Transportation maps, official municipal maps,
 1124  official county maps, or a combination of such maps;
 1125         3.4. Boundaries of public parks, public school grounds, or
 1126  churches; or
 1127         4.5. Boundaries of counties, incorporated municipalities,
 1128  or other political subdivisions that meet criteria established
 1129  by the United States Census Bureau for block boundaries.
 1130         (d) Until July 1, 2012, a supervisor may apply for and
 1131  obtain from the Secretary of State a waiver of the requirement
 1132  in paragraph (c).
 1133         (4)(a) Within 10 days after there is any change in the
 1134  division, number, or boundaries of the precincts, or the
 1135  location of the polling places, the supervisor of elections
 1136  shall make in writing an accurate description of any new or
 1137  altered precincts, setting forth the boundary lines and shall
 1138  identify the location of each new or altered polling place. A
 1139  copy of the document describing such changes shall be posted at
 1140  the supervisor’s office.
 1141         (b) Any changes in the county precinct data shall be
 1142  provided to the department within 10 days after a change.
 1143         (c) Precinct data shall include all precincts for which
 1144  precinct-level election results and voting history results are
 1145  reported.
 1146         Section 22. Subsection (1) of section 101.043, Florida
 1147  Statutes, is amended to read:
 1148         101.043 Identification required at polls.—
 1149         (1) The precinct register, as prescribed in s. 98.461,
 1150  shall be used at the polls for the purpose of identifying the
 1151  elector at the polls prior to allowing him or her to vote. The
 1152  clerk or inspector shall require each elector, upon entering the
 1153  polling place, to present one of the following current and valid
 1154  picture identifications:
 1155         (a) Florida driver’s license.
 1156         (b) Florida identification card issued by the Department of
 1157  Highway Safety and Motor Vehicles.
 1158         (c) United States passport.
 1159         (d) Debit or credit card.
 1160         (e) Military identification.
 1161         (f) Student identification.
 1162         (g) Retirement center identification.
 1163         (h) Neighborhood association identification.
 1164         (i) Public assistance identification.
 1165  
 1166  If the picture identification does not contain the signature of
 1167  the voter, an additional identification that provides the
 1168  elector’s voter’s signature shall be required. The address
 1169  appearing on the identification presented by the elector is not
 1170  to be used as the basis to confirm an elector’s legal residence
 1171  or otherwise challenge an elector’s legal residence. The elector
 1172  shall sign his or her name in the space provided on the precinct
 1173  register or on an electronic device provided for recording the
 1174  elector’s voter’s signature. The clerk or inspector shall
 1175  compare the signature with that on the identification provided
 1176  by the elector and enter his or her initials in the space
 1177  provided on the precinct register or on an electronic device
 1178  provided for that purpose and allow the elector to vote if the
 1179  clerk or inspector is satisfied as to the identity of the
 1180  elector.
 1181         Section 23. Section 101.045, Florida Statutes, is amended
 1182  to read:
 1183         101.045 Electors must be registered in precinct; provisions
 1184  for change of residence or name.—
 1185         (1) A No person is not shall be permitted to vote in any
 1186  election precinct or district other than the one in which the
 1187  person has his or her legal residence and in which the person is
 1188  registered. However, a person temporarily residing outside the
 1189  county shall be registered in the precinct in which the main
 1190  office of the supervisor, as designated by the supervisor, is
 1191  located when the person has no permanent address in the county
 1192  and it is the person’s intention to remain a resident of Florida
 1193  and of the county in which he or she is registered to vote. Such
 1194  persons who are registered in the precinct in which the main
 1195  office of the supervisor, as designated by the supervisor, is
 1196  located and who are residing outside the county with no
 1197  permanent address in the county shall not be registered electors
 1198  of a municipality and therefore shall not be permitted to vote
 1199  in any municipal election.
 1200         (2)(a) An elector who moves from the precinct in which the
 1201  elector is registered may be permitted to vote in the precinct
 1202  to which he or she has moved his or her legal residence, if the
 1203  change of residence is within the same county and the provided
 1204  such elector completes an affirmation in substantially the
 1205  following form:
 1206               Change of Legal Residence of Registered             
 1207                                Voter                              
 1208  Under penalties for false swearing, I, ...(Name of voter)...,
 1209  swear (or affirm) that the former address of my legal residence
 1210  was ...(Address of legal residence)... in the municipality of
 1211  ...., in .... County, Florida, and I was registered to vote in
 1212  the .... precinct of .... County, Florida; that I have not voted
 1213  in the precinct of my former registration in this election; that
 1214  I now reside at ...(Address of legal residence)... in the
 1215  Municipality of ...., in .... County, Florida, and am therefore
 1216  eligible to vote in the .... precinct of .... County, Florida;
 1217  and I further swear (or affirm) that I am otherwise legally
 1218  registered and entitled to vote.
 1219  ...(Signature of voter whose address of legal residence has
 1220  changed)...
 1221         (b) An elector whose change of address is from outside the
 1222  county may not change his or her legal residence at the polling
 1223  place and vote a regular ballot; however, such elector is
 1224  entitled to vote a provisional ballot.
 1225         (c)(b) An elector whose name changes because of marriage or
 1226  other legal process may be permitted to vote, provided such
 1227  elector completes an affirmation in substantially the following
 1228  form:
 1229                    Change of Name of Registered                   
 1230                                Voter                              
 1231  Under penalties for false swearing, I, ...(New name of
 1232  voter)..., swear (or affirm) that my name has been changed
 1233  because of marriage or other legal process. My former name and
 1234  address of legal residence appear on the registration records of
 1235  precinct .... as follows:
 1236  
 1237  Name............................................................
 1238  Address.........................................................
 1239  Municipality....................................................
 1240  County..........................................................
 1241  Florida, Zip....................................................
 1242  My present name and address of legal residence are as follows:
 1243  Name............................................................
 1244  Address.........................................................
 1245  Municipality....................................................
 1246  County..........................................................
 1247  Florida, Zip....................................................
 1248  and I further swear (or affirm) that I am otherwise legally
 1249  registered and entitled to vote.
 1250  
 1251  ...(Signature of voter whose name has changed)...
 1252         (d)(c) Instead of the affirmation contained in paragraph
 1253  (a) or paragraph (c) (b), an elector may complete a voter
 1254  registration application that indicates the change of name or
 1255  change of address of legal residence.
 1256         (e)(d) Such affirmation or application, when completed and
 1257  presented at the precinct in which such elector is entitled to
 1258  vote, and upon verification of the elector’s registration, shall
 1259  entitle such elector to vote as provided in this subsection. If
 1260  the elector’s eligibility to vote cannot be determined, he or
 1261  she shall be entitled to vote a provisional ballot, subject to
 1262  the requirements and procedures in s. 101.048. Upon receipt of
 1263  an affirmation or application certifying a change in address of
 1264  legal residence or name, the supervisor shall as soon as
 1265  practicable make the necessary changes in the statewide voter
 1266  registration system to indicate the change in address of legal
 1267  residence or name of such elector.
 1268         Section 24. Subsection (2) of section 101.131, Florida
 1269  Statutes, is amended, and subsections (4) and (5) are added to
 1270  that section, to read:
 1271         101.131 Watchers at polls.—
 1272         (2) Each party, each political committee, and each
 1273  candidate requesting to have poll watchers shall designate, in
 1274  writing to the supervisor of elections, on a form prescribed by
 1275  the division, before prior to noon of the second Tuesday
 1276  preceding the election poll watchers for each polling room on
 1277  election day. Designations of poll watchers for early voting
 1278  areas shall be submitted in writing to the supervisor of
 1279  elections, on a form prescribed by the division, before noon at
 1280  least 14 days before early voting begins. The poll watchers for
 1281  each polling rooms room shall be approved by the supervisor of
 1282  elections on or before the Tuesday before the election. Poll
 1283  watchers for early voting areas shall be approved by the
 1284  supervisor of elections no later than 7 days before early voting
 1285  begins. The supervisor shall furnish to each election board a
 1286  list of the poll watchers designated and approved for such
 1287  polling rooms room or early voting areas area. Designation of
 1288  poll watchers shall be made by the chair of the county executive
 1289  committee of a political party, the chair of a political
 1290  committee, or the candidate requesting to have poll watchers.
 1291         (4) All poll watchers shall be allowed to enter and watch
 1292  polls in all polling rooms and early voting areas within the
 1293  county in which they have been designated if the number of poll
 1294  watchers at any particular polling place does not exceed the
 1295  number provided in this section.
 1296         (5) The supervisor of elections shall provide to each
 1297  designated poll watcher, no later than 7 days before early
 1298  voting begins, a poll watcher identification badge that
 1299  identifies the poll watcher by name. Each poll watcher shall
 1300  wear his or her identification badge while in the polling room
 1301  or early voting area.
 1302         Section 25. Subsections (1), (2), and (3) of section
 1303  101.151, Florida Statutes, are amended to read:
 1304         101.151 Specifications for ballots.—
 1305         (1)(a) Marksense ballots shall be printed on paper of such
 1306  thickness that the printing cannot be distinguished from the
 1307  back and shall meet the specifications of the voting system that
 1308  will be used to tabulate the ballots.
 1309         (b) Early voting sites may employ a ballot-on-demand
 1310  production system to print individual marksense ballots,
 1311  including provisional ballots, for eligible electors pursuant to
 1312  s. 101.657. Ballot-on-demand technology may be used to produce
 1313  marksense absentee and election day ballots. Not later than 30
 1314  days before an election, the Secretary of State may also
 1315  authorize in writing the use of ballot-on-demand technology for
 1316  the production of election-day ballots.
 1317         (2)(a) The ballot shall have the following office titles
 1318  headings under which shall appear the names of the offices and
 1319  the names of the candidates for the respective offices in the
 1320  following order:
 1321         1. The office titles of heading President and Vice
 1322  President and thereunder the names of the candidates for
 1323  President and Vice President of the United States nominated by
 1324  the political party that received the highest vote for Governor
 1325  in the last general election of the Governor in this state. Then
 1326  shall appear the names of other candidates for President and
 1327  Vice President of the United States who have been properly
 1328  nominated.
 1329         2. The office titles Then shall follow the heading
 1330  “Congressional” and thereunder the offices of United States
 1331  Senator and Representative in Congress.;
 1332         3. The office titles then the heading “State” and
 1333  thereunder the offices of Governor and Lieutenant Governor;,
 1334  Attorney General;, Chief Financial Officer;, Commissioner of
 1335  Agriculture;, State Attorney, with the applicable judicial
 1336  circuit; and Public Defender, with the applicable judicial
 1337  circuit.
 1338         4.together with the names of the candidates for each
 1339  office and the title of the office which they seek; then the
 1340  heading “Legislative” and thereunder The office titles offices
 1341  of State Senator and State Representative, with the applicable
 1342  district for the office printed beneath.; then the heading
 1343  “County” and thereunder
 1344         5. The office titles of Clerk of the Circuit Court, or
 1345  Clerk of the Circuit Court and Comptroller (whichever is
 1346  applicable and when authorized by law), Clerk of the County
 1347  Court (when authorized by law), Sheriff, Property Appraiser, Tax
 1348  Collector, District Superintendent of Schools, and Supervisor of
 1349  Elections.
 1350         6. The office titles Thereafter follows: members of the
 1351  Board of County Commissioners with the applicable district
 1352  printed beneath each office, and such other county and district
 1353  offices as are involved in the election, in the order fixed by
 1354  the Department of State, followed, in the year of their
 1355  election, by “Party Offices,” and thereunder the offices of
 1356  state and county party executive committee members.
 1357         (b) In a general election, in addition to the names printed
 1358  on the ballot, a blank space shall be provided under each
 1359  heading for an office for which a write-in candidate has
 1360  qualified. With respect to write-in candidates, if two or more
 1361  candidates are seeking election to one office, only one blank
 1362  space shall be provided.
 1363         (c)(b) When more than one candidate is nominated for
 1364  office, the candidates for such office shall qualify and run in
 1365  a group or district, and the group or district number shall be
 1366  printed beneath the name of the office. Each nominee of a
 1367  political party chosen in a primary shall appear on the general
 1368  election ballot in the same numbered group or district as on the
 1369  primary election ballot.
 1370         (d)(c) If in any election all the offices as set forth in
 1371  paragraph (a) are not involved, those offices not to be filled
 1372  shall be omitted and the remaining offices shall be arranged on
 1373  the ballot in the order named.
 1374         (3)(a) The names of the candidates of the party that
 1375  received the highest number of votes for Governor in the last
 1376  election in which a Governor was elected shall be placed first
 1377  under the heading for each office on the general election
 1378  ballot, together with an appropriate abbreviation of the party
 1379  name; the names of the candidates of the party that received the
 1380  second highest vote for Governor shall be placed second under
 1381  the heading for each office, together with an appropriate
 1382  abbreviation of the party name.
 1383         (b) Minor political party candidates and candidates with no
 1384  party affiliation shall have their names appear on the general
 1385  election ballot following the names of recognized political
 1386  parties, in the same order as they were qualified, followed by
 1387  the names of candidates with no party affiliation, in the order
 1388  as they were qualified certified.
 1389         Section 26. Paragraph (a) of subsection (2) of section
 1390  101.5605, Florida Statutes, is amended to read:
 1391         101.5605 Examination and approval of equipment.—
 1392         (2)(a) Any person owning or interested in an electronic or
 1393  electromechanical voting system may submit it to the Department
 1394  of State for examination. The vote counting segment shall be
 1395  certified after a satisfactory evaluation testing has been
 1396  performed according to s. 101.015(1) electronic industry
 1397  standards. This testing shall include, but is not limited to,
 1398  testing of all software required for the voting system’s
 1399  operation; the ballot reader; the rote processor, especially in
 1400  its logic and memory components; the digital printer; the fail
 1401  safe operations; the counting center environmental requirements;
 1402  and the equipment reliability estimate. For the purpose of
 1403  assisting in examining the system, the department shall employ
 1404  or contract for services of at least one individual who is
 1405  expert in one or more fields of data processing, mechanical
 1406  engineering, and public administration and shall require from
 1407  the individual a written report of his or her examination.
 1408         Section 27. Subsection (11) of section 101.5606, Florida
 1409  Statutes, is amended to read:
 1410         101.5606 Requirements for approval of systems.—No
 1411  electronic or electromechanical voting system shall be approved
 1412  by the Department of State unless it is so constructed that:
 1413         (11) It is capable of automatically producing precinct
 1414  totals in printed, marked, or punched form, or a combination
 1415  thereof.
 1416         Section 28. Subsection (4) is added to section 101.56075,
 1417  Florida Statutes, to read:
 1418         101.56075 Voting methods.—
 1419         (4) By December 31, 2013, all voting systems utilized by
 1420  voters during a state election shall permit placement on the
 1421  ballot of the full text of a constitutional amendment containing
 1422  stricken or underlined text.
 1423         Section 29. Paragraph (a) of subsection (4) of section
 1424  101.5612, Florida Statutes, is amended to read:
 1425         101.5612 Testing of tabulating equipment.—
 1426         (4)(a)1. For electronic or electromechanical voting systems
 1427  configured to include electronic or electromechanical tabulation
 1428  devices which are distributed to the precincts, all or a sample
 1429  of the devices to be used in the election shall be publicly
 1430  tested. If a sample is to be tested, the sample shall consist of
 1431  a random selection of at least 5 percent or 10 of the devices
 1432  for an optical scan system or 2 percent of the devices for a
 1433  touchscreen system or 10 of the devices for either system, as
 1434  applicable, whichever is greater. For touchscreen systems used
 1435  for voters with disabilities, a sample of at least 2 percent of
 1436  the devices must be tested. The test shall be conducted by
 1437  processing a group of ballots, causing the device to output
 1438  results for the ballots processed, and comparing the output of
 1439  results to the results expected for the ballots processed. The
 1440  group of ballots shall be produced so as to record a
 1441  predetermined number of valid votes for each candidate and on
 1442  each measure and to include for each office one or more ballots
 1443  which have activated voting positions in excess of the number
 1444  allowed by law in order to test the ability of the tabulating
 1445  device to reject such votes.
 1446         2. If any tested tabulating device is found to have an
 1447  error in tabulation, it shall be deemed unsatisfactory. For each
 1448  device deemed unsatisfactory, the canvassing board shall take
 1449  steps to determine the cause of the error, shall attempt to
 1450  identify and test other devices that could reasonably be
 1451  expected to have the same error, and shall test a number of
 1452  additional devices sufficient to determine that all devices are
 1453  satisfactory. Upon deeming any device unsatisfactory, the
 1454  canvassing board may require all devices to be tested or may
 1455  declare that all devices are unsatisfactory.
 1456         3. If the operation or output of any tested tabulation
 1457  device, such as spelling or the order of candidates on a report,
 1458  is in error, such problem shall be reported to the canvassing
 1459  board. The canvassing board shall then determine if the reported
 1460  problem warrants its deeming the device unsatisfactory.
 1461         Section 30. Subsection (4) of section 101.5614, Florida
 1462  Statutes, is amended to read:
 1463         101.5614 Canvass of returns.—
 1464         (4) If ballot cards are used, and separate write-in ballots
 1465  or envelopes for casting write-in votes are used, write-in
 1466  ballots or the envelopes on which write-in ballots have been
 1467  cast shall be serially numbered, starting with the number one,
 1468  and the same number shall be placed on the ballot card of the
 1469  voter. This process may be completed at either the precinct by
 1470  the election board or at the central counting location. For each
 1471  ballot or ballot image and ballot envelope on which write-in
 1472  votes have been cast, the canvassing board shall compare the
 1473  write-in votes with the votes cast on the ballot card.; If the
 1474  total number of votes for any office exceeds the number allowed
 1475  by law, a notation to that effect, specifying the office
 1476  involved, shall be entered on the back of the ballot card or in
 1477  a margin if voting areas are printed on both sides of the ballot
 1478  card. such votes shall not be counted. All valid votes shall be
 1479  tallied by the canvassing board.
 1480         Section 31. Subsection (6) is added to section 101.591,
 1481  Florida Statutes, to read:
 1482         101.591 Voting system audit.—
 1483         (6) If a manual recount is undertaken pursuant to s.
 1484  102.166, the canvassing board is not required to perform the
 1485  audit provided for in this section.
 1486         Section 32. Paragraphs (a) and (b) of subsection (1) and
 1487  subsections (3) and (4) of section 101.62, Florida Statutes, are
 1488  amended to read:
 1489         101.62 Request for absentee ballots.—
 1490         (1)(a) The supervisor shall accept a request for an
 1491  absentee ballot from an elector in person or in writing. One
 1492  request shall be deemed sufficient to receive an absentee ballot
 1493  for all elections through the end of the calendar year of the
 1494  next two regularly scheduled general elections election, unless
 1495  the elector or the elector’s designee indicates at the time the
 1496  request is made the elections for which the elector desires to
 1497  receive an absentee ballot. Such request may be considered
 1498  canceled when any first-class mail sent by the supervisor to the
 1499  elector is returned as undeliverable.
 1500         (b) The supervisor may accept a written or telephonic
 1501  request for an absentee ballot from the elector, or, if directly
 1502  instructed by the elector, a member of the elector’s immediate
 1503  family, or the elector’s legal guardian. For purposes of this
 1504  section, the term “immediate family” has the same meaning as
 1505  specified in paragraph (4)(c)(b). The person making the request
 1506  must disclose:
 1507         1. The name of the elector for whom the ballot is
 1508  requested.
 1509         2. The elector’s address.
 1510         3. The elector’s date of birth.
 1511         4. The requester’s name.
 1512         5. The requester’s address.
 1513         6. The requester’s driver’s license number, if available.
 1514         7. The requester’s relationship to the elector.
 1515         8. The requester’s signature (written requests only).
 1516         (3) For each request for an absentee ballot received, the
 1517  supervisor shall record the date the request was made, the date
 1518  the absentee ballot was delivered to the voter or the voter’s
 1519  designee or the date the absentee ballot was delivered to the
 1520  post office or other carrier, the date the ballot was received
 1521  by the supervisor, and such other information he or she may deem
 1522  necessary. This information shall be provided in electronic
 1523  format as provided by rule adopted by the division. The
 1524  information shall be updated and made available no later than 8
 1525  a.m. noon of each day, including weekends, beginning 60 days
 1526  before the primary until 15 days after the general election and
 1527  shall be contemporaneously provided to the division. This
 1528  information shall be confidential and exempt from the provisions
 1529  of s. 119.07(1) and shall be made available to or reproduced
 1530  only for the voter requesting the ballot, a canvassing board, an
 1531  election official, a political party or official thereof, a
 1532  candidate who has filed qualification papers and is opposed in
 1533  an upcoming election, and registered political committees or
 1534  registered committees of continuous existence, for political
 1535  purposes only.
 1536         (4)(a) No later than 45 days before each presidential
 1537  preference primary election, primary election, and general
 1538  election, the supervisor of elections shall send an absentee
 1539  ballot as provided in subparagraph (c)2. (b)2. to each absent
 1540  uniformed services voter and to each overseas voter who has
 1541  requested an absentee ballot.
 1542         (b) The supervisor of elections shall mail an absentee
 1543  ballot to each absent qualified voter, other than those listed
 1544  in paragraph (a), who has requested such a ballot, between the
 1545  35th and 28th days before the presidential preference primary
 1546  election, primary election, and general election. Except as
 1547  otherwise provided in subsection (2) and after the period
 1548  described in this paragraph, the supervisor shall mail absentee
 1549  ballots within 2 business days after receiving a request for
 1550  such a ballot.
 1551         (c)(b) The supervisor shall provide an absentee ballot to
 1552  each elector by whom a request for that ballot has been made by
 1553  one of the following means:
 1554         1. By nonforwardable, return-if-undeliverable mail to the
 1555  elector’s current mailing address on file with the supervisor or
 1556  , unless the elector specifies in the request that:
 1557         a. The elector is absent from the county and does not plan
 1558  to return before the day of the election;
 1559         b. The elector is temporarily unable to occupy the
 1560  residence because of hurricane, tornado, flood, fire, or other
 1561  emergency or natural disaster; or
 1562         c. The elector is in a hospital, assisted living facility,
 1563  nursing home, short-term medical or rehabilitation facility, or
 1564  correctional facility,
 1565  
 1566  in which case the supervisor shall mail the ballot by
 1567  nonforwardable, return-if-undeliverable mail to any other
 1568  address the elector specifies in the request.
 1569         2. By forwardable mail, e-mail, or facsimile machine
 1570  transmission to absent uniformed services voters and overseas
 1571  voters. The absent uniformed services voter or overseas voter
 1572  may designate in the absentee ballot request the preferred
 1573  method of transmission. If the voter does not designate the
 1574  method of transmission, the absentee ballot shall be mailed.
 1575         3. By personal delivery before 7 p.m. on election day to
 1576  the elector, upon presentation of the identification required in
 1577  s. 101.043.
 1578         4. By delivery to a designee on election day or up to 5
 1579  days prior to the day of an election. Any elector may designate
 1580  in writing a person to pick up the ballot for the elector;
 1581  however, the person designated may not pick up more than two
 1582  absentee ballots per election, other than the designee’s own
 1583  ballot, except that additional ballots may be picked up for
 1584  members of the designee’s immediate family. For purposes of this
 1585  section, “immediate family” means the designee’s spouse or the
 1586  parent, child, grandparent, or sibling of the designee or of the
 1587  designee’s spouse. The designee shall provide to the supervisor
 1588  the written authorization by the elector and a picture
 1589  identification of the designee and must complete an affidavit.
 1590  The designee shall state in the affidavit that the designee is
 1591  authorized by the elector to pick up that ballot and shall
 1592  indicate if the elector is a member of the designee’s immediate
 1593  family and, if so, the relationship. The department shall
 1594  prescribe the form of the affidavit. If the supervisor is
 1595  satisfied that the designee is authorized to pick up the ballot
 1596  and that the signature of the elector on the written
 1597  authorization matches the signature of the elector on file, the
 1598  supervisor shall give the ballot to that designee for delivery
 1599  to the elector.
 1600         Section 33. Section 101.65, Florida Statutes, is amended to
 1601  read:
 1602         101.65 Instructions to absent electors.—The supervisor
 1603  shall enclose with each absentee ballot separate printed
 1604  instructions in substantially the following form:
 1605  
 1606  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
 1607         1. VERY IMPORTANT. In order to ensure that your absentee
 1608  ballot will be counted, it should be completed and returned as
 1609  soon as possible so that it can reach the supervisor of
 1610  elections of the county in which your precinct is located no
 1611  later than 7 p.m. on the day of the election.
 1612         2. Mark your ballot in secret as instructed on the ballot.
 1613  You must mark your own ballot unless you are unable to do so
 1614  because of blindness, disability, or inability to read or write.
 1615         3. Mark only the number of candidates or issue choices for
 1616  a race as indicated on the ballot. If you are allowed to “Vote
 1617  for One” candidate and you vote for more than one candidate,
 1618  your vote in that race will not be counted.
 1619         4. Place your marked ballot in the enclosed secrecy
 1620  envelope.
 1621         5. Insert the secrecy envelope into the enclosed mailing
 1622  envelope which is addressed to the supervisor.
 1623         6. Seal the mailing envelope and completely fill out the
 1624  Voter’s Certificate on the back of the mailing envelope.
 1625         7. VERY IMPORTANT. In order for your absentee ballot to be
 1626  counted, you must sign your name on the line above (Voter’s
 1627  Signature). An absentee ballot will be considered illegal and
 1628  will not be counted if the signature on the voter’s certificate
 1629  does not match the signature on record. The signature on file at
 1630  the start of the canvass of the absentee ballots is the
 1631  signature that will be used to verify your signature on the
 1632  voter’s certificate. If you need to update your signature for
 1633  this election, send your signature update on a voter
 1634  registration application to your supervisor of elections so that
 1635  it is received no later than the start of the canvassing of
 1636  absentee ballots, which occurs no earlier than the 15th day
 1637  before election day.
 1638         8. VERY IMPORTANT. If you are an overseas voter, you must
 1639  include the date you signed the Voter’s Certificate on the line
 1640  above (Date) or your ballot may not be counted.
 1641         9. Mail, deliver, or have delivered the completed mailing
 1642  envelope. Be sure there is sufficient postage if mailed.
 1643         10. FELONY NOTICE. It is a felony under Florida law to
 1644  accept any gift, payment, or gratuity in exchange for your vote
 1645  for a candidate. It is also a felony under Florida law to vote
 1646  in an election using a false identity or false address, or under
 1647  any other circumstances making your ballot false or fraudulent.
 1648         Section 34. Paragraph (a) of subsection (2) of section
 1649  101.68, Florida Statutes, is amended to read:
 1650         101.68 Canvassing of absentee ballot.—
 1651         (2)(a) The county canvassing board may begin the canvassing
 1652  of absentee ballots at 7 a.m. on the 15th sixth day before the
 1653  election, but not later than noon on the day following the
 1654  election. In addition, for any county using electronic
 1655  tabulating equipment, the processing of absentee ballots through
 1656  such tabulating equipment may begin at 7 a.m. on the 15th sixth
 1657  day before the election. However, notwithstanding any such
 1658  authorization to begin canvassing or otherwise processing
 1659  absentee ballots early, no result shall be released until after
 1660  the closing of the polls in that county on election day. Any
 1661  supervisor of elections, deputy supervisor of elections,
 1662  canvassing board member, election board member, or election
 1663  employee who releases the results of a canvassing or processing
 1664  of absentee ballots prior to the closing of the polls in that
 1665  county on election day commits a felony of the third degree,
 1666  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1667         Section 35. Subsection (2) of section 101.6923, Florida
 1668  Statutes, is amended to read:
 1669         101.6923 Special absentee ballot instructions for certain
 1670  first-time voters.—
 1671         (2) A voter covered by this section shall be provided with
 1672  printed instructions with his or her absentee ballot in
 1673  substantially the following form:
 1674  
 1675  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
 1676  FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
 1677  TO COUNT.
 1678  
 1679         1. In order to ensure that your absentee ballot will be
 1680  counted, it should be completed and returned as soon as possible
 1681  so that it can reach the supervisor of elections of the county
 1682  in which your precinct is located no later than 7 p.m. on the
 1683  date of the election.
 1684         2. Mark your ballot in secret as instructed on the ballot.
 1685  You must mark your own ballot unless you are unable to do so
 1686  because of blindness, disability, or inability to read or write.
 1687         3. Mark only the number of candidates or issue choices for
 1688  a race as indicated on the ballot. If you are allowed to “Vote
 1689  for One” candidate and you vote for more than one, your vote in
 1690  that race will not be counted.
 1691         4. Place your marked ballot in the enclosed secrecy
 1692  envelope and seal the envelope.
 1693         5. Insert the secrecy envelope into the enclosed envelope
 1694  bearing the Voter’s Certificate. Seal the envelope and
 1695  completely fill out the Voter’s Certificate on the back of the
 1696  envelope.
 1697         a. You must sign your name on the line above (Voter’s
 1698  Signature).
 1699         b. If you are an overseas voter, you must include the date
 1700  you signed the Voter’s Certificate on the line above (Date) or
 1701  your ballot may not be counted.
 1702         c. An absentee ballot will be considered illegal and will
 1703  not be counted if the signature on the voter’s certificate does
 1704  not match the signature on record. The signature on file at the
 1705  start of the canvass of the absentee ballots is the signature
 1706  that will be used to verify your signature on the voter’s
 1707  certificate. If you need to update your signature for this
 1708  election, send your signature update on a voter registration
 1709  application to your supervisor of elections so that it is
 1710  received no later than the start of canvassing of absentee
 1711  ballots, which occurs no earlier than the 15th day before
 1712  election day.
 1713         6. Unless you meet one of the exemptions in Item 7., you
 1714  must make a copy of one of the following forms of
 1715  identification:
 1716         a. Identification which must include your name and
 1717  photograph: United States passport; debit or credit card;
 1718  military identification; student identification; retirement
 1719  center identification; neighborhood association identification;
 1720  or public assistance identification; or
 1721         b. Identification which shows your name and current
 1722  residence address: current utility bill, bank statement,
 1723  government check, paycheck, or government document (excluding
 1724  voter identification card).
 1725         7. The identification requirements of Item 6. do not apply
 1726  if you meet one of the following requirements:
 1727         a. You are 65 years of age or older.
 1728         b. You have a temporary or permanent physical disability.
 1729         c. You are a member of a uniformed service on active duty
 1730  who, by reason of such active duty, will be absent from the
 1731  county on election day.
 1732         d. You are a member of the Merchant Marine who, by reason
 1733  of service in the Merchant Marine, will be absent from the
 1734  county on election day.
 1735         e. You are the spouse or dependent of a member referred to
 1736  in paragraph c. or paragraph d. who, by reason of the active
 1737  duty or service of the member, will be absent from the county on
 1738  election day.
 1739         f. You are currently residing outside the United States.
 1740         8. Place the envelope bearing the Voter’s Certificate into
 1741  the mailing envelope addressed to the supervisor. Insert a copy
 1742  of your identification in the mailing envelope. DO NOT PUT YOUR
 1743  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
 1744  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
 1745  BALLOT WILL NOT COUNT.
 1746         9. Mail, deliver, or have delivered the completed mailing
 1747  envelope. Be sure there is sufficient postage if mailed.
 1748         10. FELONY NOTICE. It is a felony under Florida law to
 1749  accept any gift, payment, or gratuity in exchange for your vote
 1750  for a candidate. It is also a felony under Florida law to vote
 1751  in an election using a false identity or false address, or under
 1752  any other circumstances making your ballot false or fraudulent.
 1753         Section 36. Subsection (3) of section 101.75, Florida
 1754  Statutes, is amended to read:
 1755         101.75 Municipal elections; change of dates for cause.—
 1756         (3) Notwithstanding any provision of local law or municipal
 1757  charter, the governing body of a municipality may, by ordinance,
 1758  move the date of any municipal election to a date concurrent
 1759  with any statewide or countywide election. The dates for
 1760  qualifying for the election moved by the passage of such
 1761  ordinance shall be specifically provided for in the ordinance
 1762  and shall run for no less than 14 days. The term of office for
 1763  any elected municipal official shall commence as provided by the
 1764  relevant municipal charter or ordinance.
 1765         Section 37. Subsection (4) of section 102.031, Florida
 1766  Statutes, is amended to read:
 1767         102.031 Maintenance of good order at polls; authorities;
 1768  persons allowed in polling rooms and early voting areas;
 1769  unlawful solicitation of voters.—
 1770         (4)(a) A No person, political committee, committee of
 1771  continuous existence, or other group or organization may not
 1772  solicit voters inside the polling place or within 100 feet of
 1773  the entrance to any polling place, or polling room where the
 1774  polling place is also a polling room, or early voting site.
 1775         (b) A person, political committee, committee of continuous
 1776  existence, or other group or organization may not solicit voters
 1777  who are standing in line to enter any polling place, polling
 1778  room, or early voting site.
 1779         (c) Before the opening of the polling place or early voting
 1780  site, the clerk or supervisor shall designate the no
 1781  solicitation zone and mark the boundaries and shall post a sign
 1782  stating that no one may solicit a person standing in line to
 1783  vote.
 1784         (d)(b) For the purpose of this subsection, whether in
 1785  person or by means of audio or visual equipment, the terms
 1786  “solicit” or “solicitation” shall include, but not be limited
 1787  to, seeking or attempting to seek any vote, fact, opinion, or
 1788  contribution; distributing or attempting to distribute any
 1789  political or campaign material, leaflet, or handout; conducting
 1790  a poll except as specified in this paragraph; seeking or
 1791  attempting to seek a signature on any petition; offering voting
 1792  or legal advice regarding voting or ballots; and selling or
 1793  attempting to sell any item. The terms “solicit” or
 1794  “solicitation” shall not be construed to prohibit exit polling.
 1795         (e)(c) Each supervisor of elections shall inform the clerk
 1796  of the area within which soliciting is unlawful, based on the
 1797  particular characteristics of that polling place. The supervisor
 1798  or the clerk may take any reasonable action necessary to ensure
 1799  order at the polling places, including, but not limited to,
 1800  having disruptive and unruly persons removed by law enforcement
 1801  officers from the polling room or place or from the 100-foot
 1802  zone surrounding the polling place.
 1803         Section 38. Subsection (4) of section 102.141, Florida
 1804  Statutes, is amended to read:
 1805         102.141 County canvassing board; duties.—
 1806         (4) The canvassing board shall report all early voting and
 1807  all tabulated absentee results to the Department of State within
 1808  30 minutes after the polls close. Thereafter, the canvassing
 1809  board shall report, with the exception of provisional ballot
 1810  results, updated precinct election results to the department at
 1811  least every 45 minutes until all results are completely
 1812  reported. The supervisor of elections shall notify the
 1813  department immediately of any circumstances that do not permit
 1814  periodic updates as required. Results shall be submitted in a
 1815  format prescribed by the department submit by 11:59 p.m. on
 1816  election night the preliminary returns it has received to the
 1817  Department of State in a format provided by the department.
 1818         Section 39. Subsection (4) of section 102.168, Florida
 1819  Statutes, is amended, and subsection (8) is added to that
 1820  section, to read:
 1821         102.168 Contest of election.—
 1822         (4) The county canvassing board responsible for canvassing
 1823  the election is an indispensable and proper party defendant in
 1824  county and local elections.; The Elections Canvassing Commission
 1825  is an indispensable and proper party defendant in federal,
 1826  state, and multicounty elections and in elections for justice of
 1827  the Supreme Court, judge of a district court of appeal, and
 1828  judge of a circuit court. races; and The successful candidate is
 1829  an indispensable party to any action brought to contest the
 1830  election or nomination of a candidate.
 1831         (8) In any contest that requires a review of a canvassing
 1832  board’s decision that an absentee ballot is illegal under s.
 1833  101.68, because the signature of the elector on the voter’s
 1834  certificate is not the signature of the elector in the
 1835  registration records, the circuit court may not look at or
 1836  consider any evidence beyond the elector’s signature on the
 1837  voter’s certificate and in the registration records. The court’s
 1838  review of the issue shall be to determine only if the canvassing
 1839  board abused its discretion in making its decision.
 1840         Section 40. Subsection (4) of section 103.021, Florida
 1841  Statutes, is amended to read:
 1842         103.021 Nomination for presidential electors.—Candidates
 1843  for presidential electors shall be nominated in the following
 1844  manner:
 1845         (4)(a) A minor political party that is affiliated with a
 1846  national party holding a national convention to nominate
 1847  candidates for President and Vice President of the United States
 1848  may have the names of its candidates for President and Vice
 1849  President of the United States printed on the general election
 1850  ballot by filing with the Department of State a certificate
 1851  naming the candidates for President and Vice President and
 1852  listing the required number of persons to serve as electors.
 1853  Notification to the Department of State under this subsection
 1854  shall be made by September 1 of the year in which the election
 1855  is held. When the Department of State has been so notified, it
 1856  shall order the names of the candidates nominated by the minor
 1857  political party to be included on the ballot and shall permit
 1858  the required number of persons to be certified as electors in
 1859  the same manner as other party candidates. As used in this
 1860  section, the term “national party” means a political party that
 1861  is registered with and recognized as a qualified national
 1862  committee of a political party by the Federal Election
 1863  Commission established and admitted to the ballot in at least
 1864  one state other than Florida.
 1865         (b) A minor political party that is not affiliated with a
 1866  national party holding a national convention to nominate
 1867  candidates for President and Vice President of the United States
 1868  may have the names of its candidates for President and Vice
 1869  President printed on the general election ballot if a petition
 1870  is signed by a number of electors in each of one half of the
 1871  congressional districts of the state, and of the state as a
 1872  whole, equal to 4 percent of the votes cast in each of such
 1873  districts respectively and in the state as a whole in the last
 1874  preceding election in which presidential electors were chosen 1
 1875  percent of the registered electors of this state, as shown by
 1876  the compilation by the Department of State for the preceding
 1877  general election. A separate petition from each county for which
 1878  signatures are solicited shall be submitted to the supervisors
 1879  of elections of the respective county no later than July 15 of
 1880  each presidential election year. The supervisor shall check the
 1881  names and, on or before the date of the primary election, shall
 1882  certify the number shown as registered electors of the county.
 1883  The supervisor shall be paid by the person requesting the
 1884  certification the cost of checking the petitions as prescribed
 1885  in s. 99.097. The supervisor shall then forward the certificate
 1886  to the Department of State, which shall determine whether or not
 1887  the percentage factor required in this section has been met.
 1888  When the percentage factor required in this section has been
 1889  met, the Department of State shall order the names of the
 1890  candidates for whom the petition was circulated to be included
 1891  on the ballot and shall permit the required number of persons to
 1892  be certified as electors in the same manner as other party
 1893  candidates.
 1894         Section 41. Section 103.095, Florida Statutes, is created
 1895  to read:
 1896         103.095 Minor political parties.—
 1897         (1) Any group of citizens organized for the general
 1898  purposes of electing to office qualified persons and determining
 1899  public issues under the democratic processes of the United
 1900  States may become a minor political party of this state by
 1901  filing with the department a certificate showing the name of the
 1902  organization, the names and addresses of its current officers,
 1903  including the members of its executive committee, accompanied by
 1904  a completed uniform statewide voter registration application as
 1905  specified in s. 97.052 for each of its current officers and
 1906  members of its executive committee which reflect their
 1907  affiliation with the proposed minor political party, and a copy
 1908  of its constitution, bylaws, and rules and regulations.
 1909         (2) All electors registered to vote in the minor political
 1910  party in which he or she has so designated has a fundamental
 1911  right to fully and meaningfully participate in the business and
 1912  affairs of the minor political party without any monetary
 1913  encumbrance. The constitution, bylaws, rules, regulations, or
 1914  other equivalent documents must reflect this fundamental right
 1915  and must provide for and contain reasonable provisions which at
 1916  a minimum must prescribe procedures to: prescribe its
 1917  membership, conduct its meetings according to generally accepted
 1918  parliamentary practices, timely notify its members as to the
 1919  time, date, and place of all of its meetings, timely publish
 1920  notice on its public and functioning website as to the time,
 1921  date, and place of all of its meetings, elect its officers,
 1922  remove its officers, make party nominations when required by
 1923  law, conduct campaigns for party nominees, raise and expend
 1924  party funds, select delegates to its national convention, select
 1925  presidential electors, and alter or amend all of its governing
 1926  documents.
 1927         (3) The members of the executive committee must elect a
 1928  chair, vice chair, secretary, and treasurer, all of whom shall
 1929  be members of the minor political party and no member may hold
 1930  more than one office, except that one person may hold the
 1931  offices of secretary and treasurer.
 1932         (4) Upon approval of the minor political party’s filing,
 1933  the department shall process the voter registration applications
 1934  submitted by the minor political party’s officers and members of
 1935  its executive committee. It shall be the duty of the minor
 1936  political party to notify the department of any changes in the
 1937  filing certificate within 5 days after such changes.
 1938         (5) The Division of Elections shall adopt rules to
 1939  prescribe the manner in which political parties, including minor
 1940  political parties, may have their filings with the Department of
 1941  State canceled. Such rules shall, at a minimum, provide for:
 1942         (a) Notice, which must contain the facts and conduct that
 1943  warrant the intended action, including, but not limited to, the
 1944  failure to have any voters registered in the party, the failure
 1945  to notify the department of replacement officers, and the
 1946  failure to file campaign finance reports, the failure to adopt
 1947  or file with the department all governing documents containing
 1948  the provisions specified in subsection (2), and limited
 1949  activity.
 1950         (b) Adequate opportunity to respond.
 1951         (c) Appeal of the decision to the Florida Elections
 1952  Commission. Such appeals are exempt from the confidentiality
 1953  provisions of s. 106.25.
 1954         (6) The requirements of this section are retroactive for
 1955  any minor political party registered with the department on July
 1956  1, 2011, and must be complied with within 180 days after the
 1957  department provides notice to the minor political party of the
 1958  requirements contained in this section. Failure of the minor
 1959  political party to comply with the requirements within 180 days
 1960  after receipt of the notice shall automatically result in the
 1961  cancellation of the minor political party’s registration.
 1962         Section 42. Subsections (1) and (2) of section 103.101,
 1963  Florida Statutes, are amended to read:
 1964         103.101 Presidential preference primary.—
 1965         (1)(a) There shall be a Presidential Preference Primary
 1966  Date Selection Committee composed of the Secretary of State, who
 1967  shall be a nonvoting chair; three members, no more than two of
 1968  whom may be from the same political party, appointed by the
 1969  Governor; three members, no more than two of whom may be from
 1970  the same political party, appointed by the Speaker of the House
 1971  of Representatives; and three members, no more than two of whom
 1972  may be from the same political party, appointed by the President
 1973  of the Senate. No later than October 1 of the year preceding the
 1974  presidential preference primary, the committee shall meet and
 1975  set a date for the presidential preference primary. The date
 1976  selected may be no earlier than the first Tuesday in January and
 1977  no later than the first Tuesday in March in the year of the
 1978  presidential preference primary. The presidential preference
 1979  primary shall be held in each year the number of which is a
 1980  multiple of four.
 1981         (b) Each political party other than a minor political party
 1982  shall, on the date selected by the Presidential Preference
 1983  Primary Date Selection Committee last Tuesday in January in each
 1984  year the number of which is a multiple of 4, elect one person to
 1985  be the candidate for nomination of such party for President of
 1986  the United States or select delegates to the national nominating
 1987  convention, as provided by party rule.
 1988         (2)(a) There shall be a Presidential Candidate Selection
 1989  Committee composed of the Secretary of State, who shall be a
 1990  nonvoting chair; the Speaker of the House of Representatives;
 1991  the President of the Senate; the minority leader of each house
 1992  of the Legislature; and the chair of each political party
 1993  required to have a presidential preference primary under this
 1994  section.
 1995         (b) By October 31 of the year preceding the presidential
 1996  preference primary, each political party shall submit to the
 1997  Secretary of State a list of its presidential candidates to be
 1998  placed on the presidential preference primary ballot or
 1999  candidates entitled to have delegates appear on the presidential
 2000  preference primary ballot. The Secretary of State shall prepare
 2001  and publish a list of the names of the presidential candidates
 2002  submitted not later than on the first Tuesday after the first
 2003  Monday in November of the year preceding the presidential
 2004  preference primary. The Secretary of State shall submit such
 2005  list of names of presidential candidates to the selection
 2006  committee on the first Tuesday after the first Monday in
 2007  November of the year preceding the presidential preference
 2008  primary. Each person designated as a presidential candidate
 2009  shall have his or her name appear, or have his or her delegates’
 2010  names appear, on the presidential preference primary ballot
 2011  unless all committee members of the same political party as the
 2012  candidate agree to delete such candidate’s name from the ballot.
 2013         (c) The selection committee shall meet in Tallahassee on
 2014  the first Tuesday after the first Monday in November of the year
 2015  preceding the presidential preference primary. The selection
 2016  committee shall publicly announce and submit to the Department
 2017  of State no later than 5 p.m. on the following day the names of
 2018  presidential candidates who shall have their names appear, or
 2019  who are entitled to have their delegates’ names appear, on the
 2020  presidential preference primary ballot. The Department of State
 2021  shall immediately notify each presidential candidate listed
 2022  designated by the Secretary of State committee. Such
 2023  notification shall be in writing, by registered mail, with
 2024  return receipt requested.
 2025         Section 43. Section 103.141, Florida Statutes, is amended
 2026  to read:
 2027         103.141 Removal of county executive committee member for
 2028  violation of oath.—
 2029         (1)If Where the county executive committee by at least a
 2030  two-thirds majority vote of the members of the committee,
 2031  attending a meeting held after due notice has been given and at
 2032  which meeting a quorum is present, determines an incumbent
 2033  county executive committee member is to be guilty of an offense
 2034  involving a violation of the member’s oath of office, the said
 2035  member so violating his or her oath shall be removed from office
 2036  and the office shall be deemed vacant. Provided, However, if the
 2037  county committee wrongfully removes a county committee member
 2038  and the committee member so wrongfully removed files suit in the
 2039  circuit court alleging his or her removal was wrongful and wins
 2040  the said suit, the committee member shall be restored to office
 2041  and the county committee shall pay the costs incurred by the
 2042  wrongfully removed committee member in bringing the suit,
 2043  including reasonable attorney’s fees.
 2044         (2) Any officer, county committeeman, county
 2045  committeewoman, precinct committeeman, precinct committeewoman,
 2046  or member of a county executive committee may be removed from
 2047  office pursuant to s. 103.161.
 2048         Section 44. Section 104.29, Florida Statutes, is amended to
 2049  read:
 2050         104.29 Inspectors refusing to allow watchers while ballots
 2051  are counted.—The inspectors or other election officials at the
 2052  polling place shall, after the polls close at all times while
 2053  the ballots are being counted, allow as many as three persons
 2054  near to them to see whether the ballots are being correctly
 2055  reconciled. read and called and the votes correctly tallied, and
 2056  Any official who denies this privilege or interferes therewith
 2057  commits is guilty of a misdemeanor of the first degree,
 2058  punishable as provided in s. 775.082 or s. 775.083.
 2059         Section 45. Subsection (3), paragraph (a) of subsection
 2060  (4), paragraph (b) of subsection (5), subsection (15), and
 2061  paragraph (c) of subsection (16) of section 106.011, Florida
 2062  Statutes, are amended to read:
 2063         106.011 Definitions.—As used in this chapter, the following
 2064  terms have the following meanings unless the context clearly
 2065  indicates otherwise:
 2066         (3) “Contribution” means:
 2067         (a) A gift, subscription, conveyance, deposit, loan,
 2068  payment, or distribution of money or anything of value,
 2069  including contributions in kind having an attributable monetary
 2070  value in any form, made for the purpose of influencing the
 2071  results of an election or making an electioneering
 2072  communication.
 2073         (b) A transfer of funds between political committees,
 2074  between committees of continuous existence, between
 2075  electioneering communications organizations, or between any
 2076  combination of these groups.
 2077         (c) The payment, by any person other than a candidate or
 2078  political committee, of compensation for the personal services
 2079  of another person which are rendered to a candidate or political
 2080  committee without charge to the candidate or committee for such
 2081  services.
 2082         (d) The transfer of funds by a campaign treasurer or deputy
 2083  campaign treasurer between a primary depository and a separate
 2084  interest-bearing account or certificate of deposit, and the term
 2085  includes any interest earned on such account or certificate.
 2086  
 2087  Notwithstanding the foregoing meanings of “contribution,” the
 2088  word shall not be construed to include services, including, but
 2089  not limited to, legal and accounting services, provided without
 2090  compensation by individuals volunteering a portion or all of
 2091  their time on behalf of a candidate or political committee,
 2092  funds received under s. 106.012, or. This definition shall not
 2093  be construed to include editorial endorsements.
 2094         (4)(a) “Expenditure” means a purchase, payment,
 2095  distribution, loan, advance, transfer of funds by a campaign
 2096  treasurer or deputy campaign treasurer between a primary
 2097  depository and a separate interest-bearing account or
 2098  certificate of deposit, or gift of money or anything of value
 2099  made for the purpose of influencing the results of an election
 2100  or making an electioneering communication. However,
 2101  “expenditure” does not include funds spent under s. 106.012 or a
 2102  purchase, payment, distribution, loan, advance, or gift of money
 2103  or anything of value made for the purpose of influencing the
 2104  results of an election when made by an organization, in
 2105  existence prior to the time during which a candidate qualifies
 2106  or an issue is placed on the ballot for that election, for the
 2107  purpose of printing or distributing such organization’s
 2108  newsletter, containing a statement by such organization in
 2109  support of or opposition to a candidate or issue, which
 2110  newsletter is distributed only to members of such organization.
 2111         (5)
 2112         (b) An expenditure for the purpose of expressly advocating
 2113  the election or defeat of a candidate which is made by the
 2114  national, state, or county executive committee of a political
 2115  party, including any subordinate committee of a national, state,
 2116  or county committee of a political party, or by any political
 2117  committee or committee of continuous existence, or any other
 2118  person, shall not be considered an independent expenditure if
 2119  the committee or person:
 2120         1. Communicates with the candidate, the candidate’s
 2121  campaign, or an agent of the candidate acting on behalf of the
 2122  candidate, including any pollster, media consultant, advertising
 2123  agency, vendor, advisor, or staff member, concerning the
 2124  preparation of, use of, or payment for, the specific expenditure
 2125  or advertising campaign at issue; or
 2126         2. Makes a payment in cooperation, consultation, or concert
 2127  with, at the request or suggestion of, or pursuant to any
 2128  general or particular understanding with the candidate, the
 2129  candidate’s campaign, a political committee supporting the
 2130  candidate, or an agent of the candidate relating to the specific
 2131  expenditure or advertising campaign at issue; or
 2132         3. Makes a payment for the dissemination, distribution, or
 2133  republication, in whole or in part, of any broadcast or any
 2134  written, graphic, or other form of campaign material prepared by
 2135  the candidate, the candidate’s campaign, or an agent of the
 2136  candidate, including any pollster, media consultant, advertising
 2137  agency, vendor, advisor, or staff member; or
 2138         4. Makes a payment based on information about the
 2139  candidate’s plans, projects, or needs communicated to a member
 2140  of the committee or person by the candidate or an agent of the
 2141  candidate, provided the committee or person uses the information
 2142  in any way, in whole or in part, either directly or indirectly,
 2143  to design, prepare, or pay for the specific expenditure or
 2144  advertising campaign at issue; or
 2145         5. After the last day of the qualifying period prescribed
 2146  for the candidate for statewide or legislative office, consults
 2147  about the candidate’s plans, projects, or needs in connection
 2148  with the candidate’s pursuit of election to office and the
 2149  information is used in any way to plan, create, design, or
 2150  prepare an independent expenditure or advertising campaign,
 2151  with:
 2152         a. Any officer, director, employee, or agent of a national,
 2153  state, or county executive committee of a political party that
 2154  has made or intends to make expenditures in connection with or
 2155  contributions to the candidate; or
 2156         b. Any person whose professional services have been
 2157  retained by a national, state, or county executive committee of
 2158  a political party that has made or intends to make expenditures
 2159  in connection with or contributions to the candidate; or
 2160         6. After the last day of the qualifying period prescribed
 2161  for the candidate for statewide or legislative office, retains
 2162  the professional services of any person also providing those
 2163  services to the candidate in connection with the candidate’s
 2164  pursuit of election to office; or
 2165         7. Arranges, coordinates, or directs the expenditure, in
 2166  any way, with the candidate or an agent of the candidate.
 2167         (15) “Unopposed candidate” means a candidate for nomination
 2168  or election to an office who, after the last day on which any
 2169  person, including a write-in candidate, may qualify, is without
 2170  opposition in the election at which the office is to be filled
 2171  or who is without such opposition after such date as a result of
 2172  any primary election or of withdrawal by other candidates
 2173  seeking the same office. A candidate is not an unopposed
 2174  candidate if there is a vacancy to be filled under s. 100.111(3)
 2175  s. 100.111(4), if there is a legal proceeding pending regarding
 2176  the right to a ballot position for the office sought by the
 2177  candidate, or if the candidate is seeking retention as a justice
 2178  or judge.
 2179         (16) “Candidate” means any person to whom any one or more
 2180  of the following apply:
 2181         (c) Any person who receives contributions or makes
 2182  expenditures, or consents for any other person to receive
 2183  contributions or make expenditures, with a view to bring about
 2184  his or her nomination or election to, or retention in, public
 2185  office. Expenditures related to potential candidate polls as
 2186  provided in s. 106.17 are not contributions or expenditures for
 2187  purposes of this subsection.
 2188  
 2189  However, this definition does not include any candidate for a
 2190  political party executive committee.
 2191         Section 46. Section 106.012, Florida Statutes, is created
 2192  to read:
 2193         106.012 Testing the waters.—
 2194         (1) Funds received and spent solely for the purpose of
 2195  determining whether an individual should become a candidate are
 2196  not contributions and expenditures. Examples of activities
 2197  permissible under this exemption include, but are not limited
 2198  to, conducting a poll, telephone calls, and travel. Funds
 2199  permissible under this chapter may only be used for such
 2200  activities. The individual shall retain records of all such
 2201  funds received and spent. If the individual subsequently becomes
 2202  a candidate, the funds received are contributions and the funds
 2203  spent are expenditures subject to the reporting requirements of
 2204  this chapter. The contributions and expenditures must be
 2205  reported with the initial report required by s. 106.07,
 2206  regardless of the date the funds were received or spent.
 2207         (2) The exemption provided in subsection (1) does not apply
 2208  to funds received or spent for activities indicating that an
 2209  individual has decided to become a candidate for a particular
 2210  office or for activities relevant to conducting a campaign.
 2211  Examples of activities that indicate that an individual has
 2212  decided to become a candidate include, but are not limited to:
 2213         (a) The individual uses general political advertising to
 2214  publicize his or her intent to campaign for office.
 2215         (b) The individual raises funds in excess of what could
 2216  reasonably be expected to be used for exploratory activities or
 2217  undertakes activities designed to amass campaign funds that
 2218  would be spent after he or she becomes a candidate.
 2219         (c) The individual makes or authorizes written or oral
 2220  statements that refer to him or her as a candidate for office.
 2221         (d) The individual conducts activities in close proximity
 2222  to the election or over a protracted period of time.
 2223         (e) The individual takes action to qualify for office under
 2224  s. 99.061.
 2225         (3) Individuals are limited to receiving up to $10,000 for
 2226  determining whether to become a candidate for office under this
 2227  section. An individual may only determine whether to become a
 2228  candidate for a single office.
 2229         Section 47. Subsection (3) of section 106.021, Florida
 2230  Statutes, is amended to read:
 2231         106.021 Campaign treasurers; deputies; primary and
 2232  secondary depositories.—
 2233         (3) No contribution or expenditure, including contributions
 2234  or expenditures of a candidate or of the candidate’s family,
 2235  shall be directly or indirectly made or received in furtherance
 2236  of the candidacy of any person for nomination or election to
 2237  political office in the state or on behalf of any political
 2238  committee except through the duly appointed campaign treasurer
 2239  of the candidate or political committee, subject to the
 2240  following exceptions:
 2241         (a) Independent expenditures;
 2242         (b) Reimbursements to a candidate or any other individual
 2243  for expenses incurred in connection with the campaign or
 2244  activities of the political committee by a check drawn upon the
 2245  campaign account and reported pursuant to s. 106.07(4). After
 2246  July 1, 2004, The full name and address of each person to whom
 2247  the candidate or other individual made payment for which
 2248  reimbursement was made by check drawn upon the campaign account
 2249  shall be reported pursuant to s. 106.07(4), together with the
 2250  purpose of such payment;
 2251         (c) Expenditures made indirectly through a treasurer for
 2252  goods or services, such as communications media placement or
 2253  procurement services, campaign signs, insurance, or other
 2254  expenditures that include multiple integral components as part
 2255  of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
 2256  or
 2257         (d) Expenditures made directly by any political committee
 2258  or political party regulated by chapter 103 for obtaining time,
 2259  space, or services in or by any communications medium for the
 2260  purpose of jointly endorsing three or more candidates, and any
 2261  such expenditure shall not be considered a contribution or
 2262  expenditure to or on behalf of any such candidates for the
 2263  purposes of this chapter.
 2264         Section 48. Section 106.022, Florida Statutes, is amended
 2265  to read:
 2266         106.022 Appointment of a registered agent; duties.—
 2267         (1) Each political committee, committee of continuous
 2268  existence, or electioneering communications organization shall
 2269  have and continuously maintain in this state a registered office
 2270  and a registered agent and must file with the filing officer
 2271  division a statement of appointment for the registered office
 2272  and registered agent. The statement of appointment must:
 2273         (a) Provide the name of the registered agent and the street
 2274  address and phone number for the registered office;
 2275         (b) Identify the entity for whom the registered agent
 2276  serves;
 2277         (c) Designate the address the registered agent wishes to
 2278  use to receive mail;
 2279         (d) Include the entity’s undertaking to inform the filing
 2280  officer division of any change in such designated address;
 2281         (e) Provide for the registered agent’s acceptance of the
 2282  appointment, which must confirm that the registered agent is
 2283  familiar with and accepts the obligations of the position as set
 2284  forth in this section; and
 2285         (f) Contain the signature of the registered agent and the
 2286  entity engaging the registered agent.
 2287         (2) An entity may change its appointment of registered
 2288  agent and registered office under this section by executing a
 2289  written statement of change and filing it with the filing
 2290  officer. The statement must satisfy that identifies the former
 2291  registered agent and registered address and also satisfies all
 2292  of the requirements of subsection (1).
 2293         (3) A registered agent may resign his or her appointment as
 2294  registered agent by executing a written statement of resignation
 2295  and filing it with the filing officer division. An entity
 2296  without a registered agent may not make expenditures or accept
 2297  contributions until it files a written statement of change as
 2298  required in subsection (2).
 2299         Section 49. Subsection (1) of section 106.023, Florida
 2300  Statutes, is amended to read:
 2301         106.023 Statement of candidate.—
 2302         (1) Each candidate must file a statement with the
 2303  qualifying officer within 10 days after filing the appointment
 2304  of campaign treasurer and designation of campaign depository,
 2305  stating that the candidate has read and understands the
 2306  requirements of this chapter. Such statement shall be provided
 2307  by the filing officer and shall be in substantially the
 2308  following form:
 2309                       STATEMENT OF CANDIDATE                      
 2310         I, ...., candidate for the office of ...., have been
 2311  provided access to received, read, and understand the
 2312  requirements of Chapter 106, Florida Statutes.
 2313  ...(Signature of candidate)...	...(Date)...
 2314  Willful failure to file this form is a violation of ss.
 2315  106.19(1)(c) and 106.25(3), F.S.
 2316         Section 50. Paragraph (c) of subsection (1) of section
 2317  106.025, Florida Statutes, is amended to read:
 2318         106.025 Campaign fund raisers.—
 2319         (1)
 2320         (c) Any tickets or advertising for such a campaign fund
 2321  raiser is exempt from the requirements of s. 106.143 shall
 2322  contain the following statement: “The purchase of a ticket for,
 2323  or a contribution to, the campaign fund raiser is a contribution
 2324  to the campaign of ...(name of the candidate for whose benefit
 2325  the campaign fund raiser is held)....” Such tickets or
 2326  advertising shall also comply with other provisions of this
 2327  chapter relating to political advertising.
 2328         Section 51. Subsection (1) of section 106.03, Florida
 2329  Statutes, is amended to read:
 2330         106.03 Registration of political committees and
 2331  electioneering communications organizations.—
 2332         (1)(a) Each political committee that receives anticipates
 2333  receiving contributions or makes making expenditures during a
 2334  calendar year in an aggregate amount exceeding $500 or that
 2335  seeks is seeking the signatures of registered electors in
 2336  support of an initiative shall file a statement of organization
 2337  as provided in subsection (3) within 10 days after its
 2338  organization or, if later, within 10 days after the date on
 2339  which it has information that causes the committee to anticipate
 2340  that it will receive contributions or make expenditures in
 2341  excess of $500. If a political committee is organized within 10
 2342  days of any election, it shall immediately file the statement of
 2343  organization required by this section.
 2344         (b)1. Each group electioneering communications organization
 2345  that receives contributions or makes expenditures during a
 2346  calendar year in an aggregate amount exceeding $5,000 shall file
 2347  a statement of organization as an electioneering communications
 2348  organization provided in subparagraph 2. by expedited delivery
 2349  within 24 hours after its organization or, if later, within 24
 2350  hours after the date on which it receives contributions or makes
 2351  expenditures for an electioneering communication in excess of
 2352  $5,000, if such expenditures are made within the timeframes
 2353  specified in s. 106.011(18)(a)2. If the group makes expenditures
 2354  for an electioneering communication in excess of $5,000 before
 2355  the timeframes specified in s. 106.011(18)(a)2., it shall file
 2356  the statement of organization within 24 hours after the 30th day
 2357  before a primary or special primary election, or within 24 hours
 2358  after the 60th day before any other election, whichever is
 2359  applicable.
 2360         2.a. In a statewide, legislative, or multicounty election,
 2361  an electioneering communications organization shall file a
 2362  statement of organization with the Division of Elections.
 2363         b. In a countywide election or any election held on less
 2364  than a countywide basis, except as described in sub-subparagraph
 2365  c., an electioneering communications organization shall file a
 2366  statement of organization with the supervisor of elections of
 2367  the county in which the election is being held.
 2368         c. In a municipal election, an electioneering
 2369  communications organization shall file a statement of
 2370  organization with the officer before whom municipal candidates
 2371  qualify.
 2372         d. Any electioneering communications organization that
 2373  would be required to file a statement of organization in two or
 2374  more locations by reason of the organization’s intention to
 2375  support or oppose candidates at state or multicounty and local
 2376  levels of government need only file a statement of organization
 2377  with the Division of Elections.
 2378         Section 52. Subsection (4) of section 106.04, Florida
 2379  Statutes, is amended, present subsections (7) and (8) are
 2380  amended and renumbered as subsections (8) and (9), respectively,
 2381  and a new subsection (7) is added to that section, to read:
 2382         106.04 Committees of continuous existence.—
 2383         (4)(a) Each committee of continuous existence shall file an
 2384  annual report with the Division of Elections during the month of
 2385  January. Such annual reports shall contain the same information
 2386  and shall be accompanied by the same materials as original
 2387  applications filed pursuant to subsection (2). However, the
 2388  charter or bylaws need not be filed if the annual report is
 2389  accompanied by a sworn statement by the chair that no changes
 2390  have been made to such charter or bylaws since the last filing.
 2391         (b)1. Each committee of continuous existence shall file
 2392  regular reports with the Division of Elections at the same times
 2393  and subject to the same filing conditions as are established by
 2394  s. 106.07(1) and (2) for candidates’ reports.
 2395         2. A committee of continuous existence that makes a
 2396  contribution to or an expenditure on behalf of a candidate in a
 2397  county or municipal election that is not being held at the same
 2398  time as a state or federal election must file campaign finance
 2399  reports with the county or municipal filing officer on the same
 2400  dates as county or municipal candidates or committees for that
 2401  election. The committee of continuous existence must also
 2402  include the contribution or expenditure in the next report filed
 2403  with the Division of Elections pursuant to this section after
 2404  the county or municipal election.
 2405         3.2. Any committee of continuous existence failing to so
 2406  file a report with the Division of Elections or applicable
 2407  filing officer pursuant to this paragraph on the designated due
 2408  date shall be subject to a fine for late filing as provided by
 2409  this section.
 2410         (c) All committees of continuous existence shall file their
 2411  reports with the Division of Elections. Reports shall be filed
 2412  in accordance with s. 106.0705 and shall contain the following
 2413  information:
 2414         1. The full name, address, and occupation of each person
 2415  who has made one or more contributions, including contributions
 2416  that represent the payment of membership dues, to the committee
 2417  during the reporting period, together with the amounts and dates
 2418  of such contributions. For corporations, the report must provide
 2419  as clear a description as practicable of the principal type of
 2420  business conducted by the corporation. However, if the
 2421  contribution is $100 or less, the occupation of the contributor
 2422  or principal type of business need not be listed. However, for
 2423  any contributions that represent the payment of dues by members
 2424  in a fixed amount aggregating no more than $250 per calendar
 2425  year, pursuant to the schedule on file with the Division of
 2426  Elections, only the aggregate amount of such contributions need
 2427  be listed, together with the number of members paying such dues
 2428  and the amount of the membership dues.
 2429         2. The name and address of each political committee or
 2430  committee of continuous existence from which the reporting
 2431  committee received, or the name and address of each political
 2432  committee, committee of continuous existence, or political party
 2433  to which it made, any transfer of funds, together with the
 2434  amounts and dates of all transfers.
 2435         3. Any other receipt of funds not listed pursuant to
 2436  subparagraph 1. or subparagraph 2., including the sources and
 2437  amounts of all such funds.
 2438         4. The name and address of, and office sought by, each
 2439  candidate to whom the committee has made a contribution during
 2440  the reporting period, together with the amount and date of each
 2441  contribution.
 2442         5. The full name and address of each person to whom
 2443  expenditures have been made by or on behalf of the committee
 2444  within the reporting period; the amount, date, and purpose of
 2445  each such expenditure; and the name and address, and office
 2446  sought by, each candidate on whose behalf such expenditure was
 2447  made.
 2448         6. The full name and address of each person to whom an
 2449  expenditure for personal services, salary, or reimbursement for
 2450  authorized expenses has been made, including the full name and
 2451  address of each entity to whom the person made payment for which
 2452  reimbursement was made by check drawn upon the committee
 2453  account, together with the amount and purpose of such payment.
 2454         7. Transaction information from each credit card purchase
 2455  statement that will be included in the next report following
 2456  receipt thereof by the committee. Receipts for each credit card
 2457  purchase shall be retained by the treasurer with the records for
 2458  the committee account.
 2459         8. The total sum of expenditures made by the committee
 2460  during the reporting period.
 2461         (d) The treasurer of each committee shall certify as to the
 2462  correctness of each report and shall bear the responsibility for
 2463  its accuracy and veracity. Any treasurer who willfully certifies
 2464  to the correctness of a report while knowing that such report is
 2465  incorrect, false, or incomplete commits a misdemeanor of the
 2466  first degree, punishable as provided in s. 775.082 or s.
 2467  775.083.
 2468         (7) Any change in information previously submitted to the
 2469  division shall be reported within 10 days after the change.
 2470         (8)(7) If a committee of continuous existence ceases to
 2471  meet the criteria prescribed by subsection (1), the Division of
 2472  Elections shall revoke its certification until such time as the
 2473  criteria are again met. The Division of Elections shall adopt
 2474  promulgate rules to prescribe the manner in which the such
 2475  certification of a committee of continuous existence shall be
 2476  revoked. Such rules shall, at a minimum, provide for:
 2477         (a) Notice, which must shall contain the facts and conduct
 2478  that warrant the intended action.
 2479         (b) Adequate opportunity to respond.
 2480         (c) Appeal of the decision to the Florida Elections
 2481  Commission. Such appeals are shall be exempt from the
 2482  confidentiality provisions of s. 106.25.
 2483         (9)(8)(a) Any committee of continuous existence failing to
 2484  file a report on the designated due date is shall be subject to
 2485  a fine. The fine shall be $50 per day for the first 3 days late
 2486  and, thereafter, $500 per day for each late day, not to exceed
 2487  25 percent of the total receipts or expenditures, whichever is
 2488  greater, for the period covered by the late report. However, for
 2489  the reports immediately before each primary and general
 2490  election, including a special primary election and a special
 2491  general election, the fine shall be $500 per day for each late
 2492  day, not to exceed 25 percent of the total receipts or
 2493  expenditures, whichever is greater, for the period covered by
 2494  the late report. The fine shall be assessed by the filing
 2495  officer, and the moneys collected shall be deposited into:
 2496         1.In The General Revenue Fund, in the case of fines
 2497  collected by the Division of Elections.
 2498         2. The general revenue fund of the political subdivision,
 2499  in the case of fines collected by a county or municipal filing
 2500  officer.
 2501  
 2502  A No separate fine may not shall be assessed for failure to file
 2503  a copy of any report required by this section.
 2504         (b) Upon determining that a report is late, the filing
 2505  officer shall immediately notify the treasurer of the committee
 2506  or the committee’s registered agent as to the failure to file a
 2507  report by the designated due date and that a fine is being
 2508  assessed for each late day. Upon receipt of the report, the
 2509  filing officer shall determine the amount of fine which is due
 2510  and shall notify the treasurer of the committee. Notice is
 2511  deemed complete upon proof of delivery of written notice to the
 2512  mailing or street address on record with the filing officer. The
 2513  filing officer shall determine the amount of the fine due based
 2514  upon the earliest of the following:
 2515         1. When the report is actually received by such officer.
 2516         2. When the report is postmarked.
 2517         3. When the certificate of mailing is dated.
 2518         4. When the receipt from an established courier company is
 2519  dated.
 2520  
 2521  Such fine shall be paid to the filing officer within 20 days
 2522  after receipt of the notice of payment due, unless appeal is
 2523  made to the Florida Elections Commission pursuant to paragraph
 2524  (c). An officer or member of a committee is shall not be
 2525  personally liable for such fine.
 2526         (c) Any treasurer of a committee may appeal or dispute the
 2527  fine, based upon unusual circumstances surrounding the failure
 2528  to file on the designated due date, and may request and is shall
 2529  be entitled to a hearing before the Florida Elections
 2530  Commission, which may shall have the authority to waive the fine
 2531  in whole or in part. Any such request must shall be made within
 2532  20 days after receipt of the notice of payment due. In such
 2533  case, the treasurer of The committee shall file a copy of the
 2534  appeal with, within the 20-day period, notify the filing officer
 2535  in writing of his or her intention to bring the matter before
 2536  the commission.
 2537         (d) The filing officer shall notify the Florida Elections
 2538  Commission of the repeated late filing by a committee of
 2539  continuous existence, the failure of a committee of continuous
 2540  existence to file a report after notice, or the failure to pay
 2541  the fine imposed.
 2542         Section 53. Section 106.07, Florida Statutes, is amended to
 2543  read:
 2544         106.07 Reports; certification and filing.—
 2545         (1) Each campaign treasurer designated by a candidate or
 2546  political committee pursuant to s. 106.021 shall file regular
 2547  reports of all contributions received, and all expenditures
 2548  made, by or on behalf of such candidate or political committee.
 2549  Except for the third calendar quarter immediately before a
 2550  general election, reports shall be filed on the 10th day
 2551  following the end of each calendar quarter from the time the
 2552  campaign treasurer is appointed, except that, if the 10th day
 2553  following the end of a calendar quarter occurs on a Saturday,
 2554  Sunday, or legal holiday, the report shall be filed on the next
 2555  following day which is not a Saturday, Sunday, or legal holiday.
 2556  Quarterly reports shall include all contributions received and
 2557  expenditures made during the calendar quarter which have not
 2558  otherwise been reported pursuant to this section.
 2559         (a) Except as provided in paragraph (b), following the last
 2560  day of qualifying for office, the reports shall also be filed on
 2561  the 32nd, 18th, and 4th days immediately preceding the primary
 2562  and on the 46th, 32nd, 18th, and 4th days immediately preceding
 2563  the election, for a candidate who is opposed in seeking
 2564  nomination or election to any office, for a political committee,
 2565  or for a committee of continuous existence.
 2566         (b) Following the last day of qualifying for office, Any
 2567  statewide candidate who has requested to receive contributions
 2568  pursuant to from the Florida Election Campaign Financing Act
 2569  Trust Fund or any statewide candidate in a race with a candidate
 2570  who has requested to receive contributions pursuant to from the
 2571  act trust fund shall also file reports on the 4th, 11th, 18th,
 2572  25th, and 32nd days prior to the primary election, and on the
 2573  4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior to
 2574  the general election.
 2575         (c) Following the last day of qualifying for office, any
 2576  unopposed candidate need only file a report within 90 days after
 2577  the date such candidate became unopposed. Such report shall
 2578  contain all previously unreported contributions and expenditures
 2579  as required by this section and shall reflect disposition of
 2580  funds as required by s. 106.141.
 2581         (d)1. When a special election is called to fill a vacancy
 2582  in office, all political committees and committees of continuous
 2583  existence making contributions or expenditures to influence the
 2584  results of such special election or the preceding special
 2585  primary election shall file campaign treasurers’ reports with
 2586  the filing officer on the dates set by the Department of State
 2587  pursuant to s. 100.111.
 2588         2. When an election is called for an issue to appear on the
 2589  ballot at a time when no candidates are scheduled to appear on
 2590  the ballot, all political committees making contributions or
 2591  expenditures in support of or in opposition to such issue shall
 2592  file reports on the 18th and 4th days prior to such election.
 2593         (e) The filing officer shall provide each candidate with a
 2594  schedule designating the beginning and end of reporting periods
 2595  as well as the corresponding designated due dates.
 2596         (2)(a)1. All reports required of a candidate by this
 2597  section shall be filed with the officer before whom the
 2598  candidate is required by law to qualify. All candidates who file
 2599  with the Department of State shall file their reports pursuant
 2600  to s. 106.0705. Except as provided in s. 106.0705, reports shall
 2601  be filed not later than 5 p.m. of the day designated; however,
 2602  any report postmarked by the United States Postal Service no
 2603  later than midnight of the day designated shall be deemed to
 2604  have been filed in a timely manner. Any report received by the
 2605  filing officer within 5 days after the designated due date that
 2606  was delivered by the United States Postal Service shall be
 2607  deemed timely filed unless it has a postmark that indicates that
 2608  the report was mailed after the designated due date. A
 2609  certificate of mailing obtained from and dated by the United
 2610  States Postal Service at the time of mailing, or a receipt from
 2611  an established courier company, which bears a date on or before
 2612  the date on which the report is due, shall be proof of mailing
 2613  in a timely manner. Reports shall contain information of all
 2614  previously unreported contributions received and expenditures
 2615  made as of the preceding Friday, except that the report filed on
 2616  the Friday immediately preceding the election shall contain
 2617  information of all previously unreported contributions received
 2618  and expenditures made as of the day preceding that designated
 2619  due date. All such reports shall be open to public inspection.
 2620         2. This subsection does not prohibit the governing body of
 2621  a political subdivision, by ordinance or resolution, from
 2622  imposing upon its own officers and candidates electronic filing
 2623  requirements not in conflict with s. 106.0705. Expenditure of
 2624  public funds for such purpose is deemed to be for a valid public
 2625  purpose.
 2626         (b)1. Any report that which is deemed to be incomplete by
 2627  the officer with whom the candidate qualifies shall be accepted
 2628  on a conditional basis., and The campaign treasurer shall be
 2629  notified by certified registered mail or by another method using
 2630  a common carrier that provides a proof of delivery of the notice
 2631  as to why the report is incomplete and within 7 be given 3 days
 2632  after from receipt of such notice must to file an addendum to
 2633  the report providing all information necessary to complete the
 2634  report in compliance with this section. Failure to file a
 2635  complete report after such notice constitutes a violation of
 2636  this chapter.
 2637         2. Notice is deemed complete upon proof of delivery of a
 2638  written notice to the mailing or street address of the campaign
 2639  treasurer or registered agent of record with the filing officer.
 2640  In lieu of the notice by registered mail as required in
 2641  subparagraph 1., the qualifying officer may notify the campaign
 2642  treasurer by telephone that the report is incomplete and request
 2643  the information necessary to complete the report. If, however,
 2644  such information is not received by the qualifying officer
 2645  within 3 days after the telephone request therefor, notice shall
 2646  be sent by registered mail as provided in subparagraph 1.
 2647         (3)(a) Reports required of a political committee shall be
 2648  filed with the agency or officer before whom such committee
 2649  registers pursuant to s. 106.03(3) and shall be subject to the
 2650  same filing conditions as established for candidates’ reports.
 2651  Incomplete reports by political committees shall be treated in
 2652  the manner provided for incomplete reports by candidates in
 2653  subsection (2).
 2654         (b) In addition to the reports required under paragraph
 2655  (a), a political committee that is registered with the
 2656  Department of State and that makes a contribution to or an
 2657  expenditure on behalf of a candidate in a county or municipal
 2658  election that is not being held at the same time as a state or
 2659  federal election must file campaign finance reports with the
 2660  county or municipal filing officer on the same filing dates
 2661  required of a county or municipal candidate or committee for
 2662  that election. The political committee must also include such
 2663  contribution or expenditure in the next report filed with the
 2664  Division of Elections pursuant to this section after the county
 2665  or municipal election.
 2666         (4)(a) Each report required by this section must shall
 2667  contain:
 2668         1. The full name, address, and occupation, if any of each
 2669  person who has made one or more contributions to or for such
 2670  committee or candidate within the reporting period, together
 2671  with the amount and date of such contributions. For
 2672  corporations, the report must provide as clear a description as
 2673  practicable of the principal type of business conducted by the
 2674  corporation. However, if the contribution is $100 or less or is
 2675  from a relative, as defined in s. 112.312, provided that the
 2676  relationship is reported, the occupation of the contributor or
 2677  the principal type of business need not be listed.
 2678         2. The name and address of each political committee from
 2679  which the reporting committee or the candidate received, or to
 2680  which the reporting committee or candidate made, any transfer of
 2681  funds, together with the amounts and dates of all transfers.
 2682         3. Each loan for campaign purposes to or from any person or
 2683  political committee within the reporting period, together with
 2684  the full names, addresses, and occupations, and principal places
 2685  of business, if any, of the lender and endorsers, if any, and
 2686  the date and amount of such loans.
 2687         4. A statement of each contribution, rebate, refund, or
 2688  other receipt not otherwise listed under subparagraphs 1.
 2689  through 3.
 2690         5. The total sums of all loans, in-kind contributions, and
 2691  other receipts by or for such committee or candidate during the
 2692  reporting period. The reporting forms shall be designed to
 2693  elicit separate totals for in-kind contributions, loans, and
 2694  other receipts.
 2695         6. The full name and address of each person to whom
 2696  expenditures have been made by or on behalf of the committee or
 2697  candidate within the reporting period; the amount, date, and
 2698  purpose of each such expenditure; and the name and address of,
 2699  and office sought by, each candidate on whose behalf such
 2700  expenditure was made. However, expenditures made from the petty
 2701  cash fund provided by s. 106.12 need not be reported
 2702  individually.
 2703         7. The full name and address of each person to whom an
 2704  expenditure for personal services, salary, or reimbursement for
 2705  authorized expenses as provided in s. 106.021(3) has been made
 2706  and which is not otherwise reported, including the amount, date,
 2707  and purpose of such expenditure. However, expenditures made from
 2708  the petty cash fund provided for in s. 106.12 need not be
 2709  reported individually. Receipts for reimbursement for authorized
 2710  expenses shall be retained by the treasurer with the records for
 2711  the campaign account.
 2712         8. The total amount withdrawn and the total amount spent
 2713  for petty cash purposes pursuant to this chapter during the
 2714  reporting period.
 2715         9. The total sum of expenditures made by such committee or
 2716  candidate during the reporting period.
 2717         10. The amount and nature of debts and obligations owed by
 2718  or to the committee or candidate, which relate to the conduct of
 2719  any political campaign.
 2720         11. Transaction information for each credit card purchase.
 2721  A copy of each credit card statement which shall be included in
 2722  the next report following receipt thereof by the candidate or
 2723  political committee. Receipts for each credit card purchase
 2724  shall be retained by the treasurer with the records for the
 2725  campaign account.
 2726         12. The amount and nature of any separate interest-bearing
 2727  accounts or certificates of deposit and identification of the
 2728  financial institution in which such accounts or certificates of
 2729  deposit are located.
 2730         13. The primary purposes of an expenditure made indirectly
 2731  through a campaign treasurer pursuant to s. 106.021(3) for goods
 2732  and services such as communications media placement or
 2733  procurement services, campaign signs, insurance, and other
 2734  expenditures that include multiple components as part of the
 2735  expenditure. The primary purpose of an expenditure shall be that
 2736  purpose, including integral and directly related components,
 2737  that comprises 80 percent of such expenditure.
 2738         (b) The filing officer shall make available to any
 2739  candidate or committee a reporting form which the candidate or
 2740  committee may use to indicate contributions received by the
 2741  candidate or committee but returned to the contributor before
 2742  deposit.
 2743         (5) The candidate and his or her campaign treasurer, in the
 2744  case of a candidate, or the political committee chair and
 2745  campaign treasurer of the committee, in the case of a political
 2746  committee, shall certify as to the correctness of each report;
 2747  and each person so certifying shall bear the responsibility for
 2748  the accuracy and veracity of each report. Any campaign
 2749  treasurer, candidate, or political committee chair who willfully
 2750  certifies the correctness of any report while knowing that such
 2751  report is incorrect, false, or incomplete commits a misdemeanor
 2752  of the first degree, punishable as provided in s. 775.082 or s.
 2753  775.083.
 2754         (6) The campaign depository shall return all checks drawn
 2755  on the account to the campaign treasurer who shall retain the
 2756  records pursuant to s. 106.06. The records maintained by the
 2757  campaign depository with respect to any campaign account
 2758  regulated by this chapter are such account shall be subject to
 2759  inspection by an agent of the Division of Elections or the
 2760  Florida Elections Commission at any time during normal banking
 2761  hours, and such depository shall furnish certified copies of any
 2762  of such records to the Division of Elections or Florida
 2763  Elections Commission upon request.
 2764         (7) Notwithstanding any other provisions of this chapter,
 2765  in any reporting period during which a candidate, political
 2766  committee, or committee of continuous existence has not received
 2767  funds, made any contributions, or expended any reportable funds,
 2768  the filing of the required report for that period is waived.
 2769  However, the next report filed must specify that the report
 2770  covers the entire period between the last submitted report and
 2771  the report being filed, and any candidate, political committee,
 2772  or committee of continuous existence not reporting by virtue of
 2773  this subsection on dates prescribed elsewhere in this chapter
 2774  shall notify the filing officer in writing on the prescribed
 2775  reporting date that no report is being filed on that date.
 2776         (8)(a) Any candidate or political committee failing to file
 2777  a report on the designated due date is shall be subject to a
 2778  fine as provided in paragraph (b) for each late day, and, in the
 2779  case of a candidate, such fine shall be paid only from personal
 2780  funds of the candidate. The fine shall be assessed by the filing
 2781  officer and the moneys collected shall be deposited:
 2782         1. In the General Revenue Fund, in the case of a candidate
 2783  for state office or a political committee that registers with
 2784  the Division of Elections; or
 2785         2. In the general revenue fund of the political
 2786  subdivision, in the case of a candidate for an office of a
 2787  political subdivision or a political committee that registers
 2788  with an officer of a political subdivision.
 2789  
 2790  A No separate fine may not shall be assessed for failure to file
 2791  a copy of any report required by this section.
 2792         (b) Upon determining that a report is late, the filing
 2793  officer shall immediately notify the candidate or chair of the
 2794  political committee as to the failure to file a report by the
 2795  designated due date and that a fine is being assessed for each
 2796  late day. The fine shall be $50 per day for the first 3 days
 2797  late and, thereafter, $500 per day for each late day, not to
 2798  exceed 25 percent of the total receipts or expenditures,
 2799  whichever is greater, for the period covered by the late report.
 2800  However, for the reports immediately preceding each special
 2801  primary election, special election, primary election, and
 2802  general election, the fine shall be $500 per day for each late
 2803  day, not to exceed 25 percent of the total receipts or
 2804  expenditures, whichever is greater, for the period covered by
 2805  the late report. For reports required under s. 106.141(7), the
 2806  fine is $50 per day for each late day, not to exceed 25 percent
 2807  of the total receipts or expenditures, whichever is greater, for
 2808  the period covered by the late report. Upon receipt of the
 2809  report, the filing officer shall determine the amount of the
 2810  fine which is due and shall notify the candidate or chair or
 2811  registered agent of the political committee. The filing officer
 2812  shall determine the amount of the fine due based upon the
 2813  earliest of the following:
 2814         1. When the report is actually received by such officer.
 2815         2. When the report is postmarked.
 2816         3. When the certificate of mailing is dated.
 2817         4. When the receipt from an established courier company is
 2818  dated.
 2819         5. When the electronic receipt issued pursuant to s.
 2820  106.0705 or other electronic filing system authorized in this
 2821  section is dated.
 2822  
 2823  Such fine shall be paid to the filing officer within 20 days
 2824  after receipt of the notice of payment due, unless appeal is
 2825  made to the Florida Elections Commission pursuant to paragraph
 2826  (c). Notice is deemed complete upon proof of delivery of written
 2827  notice to the mailing or street address of record with the
 2828  filing officer. In the case of a candidate, such fine shall not
 2829  be an allowable campaign expenditure and shall be paid only from
 2830  personal funds of the candidate. An officer or member of a
 2831  political committee shall not be personally liable for such
 2832  fine.
 2833         (c) Any candidate or chair of a political committee may
 2834  appeal or dispute the fine, based upon, but not limited to,
 2835  unusual circumstances surrounding the failure to file on the
 2836  designated due date, and may request and shall be entitled to a
 2837  hearing before the Florida Elections Commission, which shall
 2838  have the authority to waive the fine in whole or in part. The
 2839  Florida Elections Commission must consider the mitigating and
 2840  aggravating circumstances contained in s. 106.265(1) when
 2841  determining the amount of a fine, if any, to be waived. Any such
 2842  request shall be made within 20 days after receipt of the notice
 2843  of payment due. In such case, the candidate or chair of the
 2844  political committee shall, within the 20-day period, notify the
 2845  filing officer in writing of his or her intention to bring the
 2846  matter before the commission.
 2847         (d) The appropriate filing officer shall notify the Florida
 2848  Elections Commission of the repeated late filing by a candidate
 2849  or political committee, the failure of a candidate or political
 2850  committee to file a report after notice, or the failure to pay
 2851  the fine imposed. The commission shall investigate only those
 2852  alleged late filing violations specifically identified by the
 2853  filing officer and as set forth in the notification. Any other
 2854  alleged violations must be separately stated and reported by the
 2855  division to the commission under s. 106.25(2).
 2856         (9) The Department of State may prescribe by rule the
 2857  requirements for filing campaign treasurers’ reports as set
 2858  forth in this chapter.
 2859         Section 54. Paragraph (c) of subsection (7) and subsections
 2860  (8) and (9) of section 106.0703, Florida Statutes, are amended
 2861  to read:
 2862         106.0703 Electioneering communications organizations;
 2863  reporting requirements; certification and filing; penalties.—
 2864         (7)
 2865         (c) The treasurer of an electioneering communications
 2866  organization may appeal or dispute the fine, based upon, but not
 2867  limited to, unusual circumstances surrounding the failure to
 2868  file on the designated due date, and may request and shall be
 2869  entitled to a hearing before the Florida Elections Commission,
 2870  which shall have the authority to waive the fine in whole or in
 2871  part. The Florida Elections Commission must consider the
 2872  mitigating and aggravating circumstances contained in s.
 2873  106.265(1) when determining the amount of a fine, if any, to be
 2874  waived. Any such request shall be made within 20 days after
 2875  receipt of the notice of payment due. In such case, the
 2876  treasurer of the electioneering communications organization
 2877  shall, within the 20-day period, notify the filing officer in
 2878  writing of his or her intention to bring the matter before the
 2879  commission.
 2880         (8) An electioneering communications organization shall,
 2881  within 2 days after receiving its initial password or secure
 2882  sign-on from the Department of State allowing confidential
 2883  access to the department’s electronic campaign finance filing
 2884  system, electronically file the periodic reports that would have
 2885  been required pursuant to this section for reportable activities
 2886  that occurred since the date of the last general election.
 2887         (8)(9) Electioneering communications organizations shall
 2888  not use credit cards.
 2889         Section 55. Paragraphs (a) and (c) of subsection (2) and
 2890  subsections (3) and (7) of section 106.0705, Florida Statutes,
 2891  are amended to read:
 2892         106.0705 Electronic filing of campaign treasurer’s
 2893  reports.—
 2894         (2)(a) Each individual candidate who is required to file
 2895  reports with the division pursuant to s. 106.07 or s. 106.141
 2896  with the division must file such reports with the division by
 2897  means of the division’s electronic filing system.
 2898         (c) Each person or organization that is required to file
 2899  reports with the division under s. 106.071 must file such
 2900  reports with the division by means of the division’s electronic
 2901  filing system.
 2902         (3) Reports filed pursuant to this section shall be
 2903  completed and filed through the electronic filing system not
 2904  later than midnight of the day designated. Reports not filed by
 2905  midnight of the day designated are late filed and are subject to
 2906  the penalties under s. 106.04(9) s. 106.04(8), s. 106.07(8), s.
 2907  106.0703(7), or s. 106.29(3), as applicable.
 2908         (7) Notwithstanding anything in law to the contrary, any
 2909  report required to have been filed under this section for the
 2910  period ended March 31, 2005, shall be deemed to have been timely
 2911  filed if the report is filed under this section on or before
 2912  June 1, 2005.
 2913         Section 56. Subsections (1) and (2) of section 106.071,
 2914  Florida Statutes, are amended to read:
 2915         106.071 Independent expenditures; electioneering
 2916  communications; reports; disclaimers.—
 2917         (1) Each person who makes an independent expenditure with
 2918  respect to any candidate or issue, and each individual who makes
 2919  an expenditure for an electioneering communication which is not
 2920  otherwise reported pursuant to this chapter, which expenditure,
 2921  in the aggregate in a calendar year, is in the amount of $5,000
 2922  or more, shall file periodic reports of such expenditures in the
 2923  same manner, at the same time, subject to the same penalties,
 2924  and with the same officer as a political committee supporting or
 2925  opposing such candidate or issue. The report shall contain the
 2926  full name and address of the person making the expenditure; the
 2927  full name and address of each person to whom and for whom each
 2928  such expenditure has been made; the amount, date, and purpose of
 2929  each such expenditure; a description of the services or goods
 2930  obtained by each such expenditure; the issue to which the
 2931  expenditure relates; and the name and address of, and office
 2932  sought by, each candidate on whose behalf such expenditure was
 2933  made.
 2934         (2) A Any political advertisement paid for by an
 2935  independent expenditure, other than such an expenditure by an
 2936  individual in an aggregate amount of $500, shall prominently
 2937  state “Paid political advertisement paid for by ...(Name and
 2938  address of person paying for advertisement)... independently of
 2939  any ...(candidate or committee)....” However, an independent
 2940  expenditure made by an individual must state “Paid political
 2941  advertisement independent of any ...(candidate or
 2942  committee)....”
 2943         Section 57. Paragraph (c) of subsection (3) and paragraph
 2944  (b) of subsection (6) of section 106.08, Florida Statutes, are
 2945  amended to read:
 2946         106.08 Contributions; limitations on.—
 2947         (3)
 2948         (c) With respect to any campaign for an office in which an
 2949  independent or minor party candidate has filed as required in s.
 2950  99.0955 or s. 99.096, but whose qualification is pending a
 2951  determination by the Department of State or supervisor of
 2952  elections as to whether or not the required number of petition
 2953  signatures was obtained:
 2954         1. The department or supervisor shall, no later than 3 days
 2955  after that determination has been made, notify in writing all
 2956  other candidates for that office of that determination.
 2957         2. Any contribution received by a candidate or the campaign
 2958  treasurer or deputy campaign treasurer of a candidate after the
 2959  candidate has been notified in writing by the department or
 2960  supervisor that he or she has become unopposed as a result of an
 2961  independent or minor party candidate failing to obtain the
 2962  required number of petition signatures shall be returned to the
 2963  person, political committee, or committee of continuous
 2964  existence contributing it and shall not be used or expended by
 2965  or on behalf of the candidate.
 2966         (6)
 2967         (b)1. A political party may not accept any in-kind
 2968  contribution that fails to provide a direct benefit to the
 2969  political party. A “direct benefit” includes, but is not limited
 2970  to, fundraising or furthering the objectives of the political
 2971  party.
 2972         2.a. An in-kind contribution to a state political party may
 2973  be accepted only by the chairperson of the state political party
 2974  or by the chairperson’s designee or designees whose names are on
 2975  file with the division in a form acceptable to the division
 2976  prior to the date of the written notice required in sub
 2977  subparagraph b. An in-kind contribution to a county political
 2978  party may be accepted only by the chairperson of the county
 2979  political party or by the county chairperson’s designee or
 2980  designees whose names are on file with the supervisor of
 2981  elections of the respective county prior to the date of the
 2982  written notice required in sub-subparagraph b.
 2983         b. A person making an in-kind contribution to a state
 2984  political party or county political party must provide prior
 2985  written notice of the contribution to a person described in sub
 2986  subparagraph a. The prior written notice must be signed and
 2987  dated and may be provided by an electronic or facsimile message.
 2988  However, prior written notice is not required for an in-kind
 2989  contribution that consists of food and beverage in an aggregate
 2990  amount not exceeding $1,500 which is consumed at a single
 2991  sitting or event if such in-kind contribution is accepted in
 2992  advance by a person specified in sub-subparagraph a.
 2993         c. A person described in sub-subparagraph a. may accept an
 2994  in-kind contribution requiring prior written notice only in a
 2995  writing that is signed and dated before the in-kind contribution
 2996  is made. Failure to obtain the required written acceptance of an
 2997  in-kind contribution to a state or county political party
 2998  constitutes a refusal of the contribution.
 2999         d. A copy of each prior written acceptance required under
 3000  sub-subparagraph c. must be filed with the division at the time
 3001  the regular reports of contributions and expenditures required
 3002  under s. 106.29 are filed by the state executive committee and
 3003  county executive committee. A state executive committee and an
 3004  affiliated party committee must file with the division. A county
 3005  executive committee must file with the county’s supervisor of
 3006  elections.
 3007         e. An in-kind contribution may not be given to a state or
 3008  county political party unless the in-kind contribution is made
 3009  as provided in this subparagraph.
 3010         Section 58. Section 106.09, Florida Statutes, is amended to
 3011  read:
 3012         106.09 Cash contributions and contribution by cashier’s
 3013  checks.—
 3014         (1)(a) A person may not make an aggregate or accept a cash
 3015  contribution or contribution by means of a cashier’s check to
 3016  the same candidate or committee in excess of $50 per election.
 3017         (b) A person may not accept an aggregate cash contribution
 3018  or contribution by means of a cashier’s check from the same
 3019  contributor in excess of $50 per election.
 3020         (2)(a) Any person who makes or accepts a contribution in
 3021  excess of $50 in violation of subsection (1) this section
 3022  commits a misdemeanor of the first degree, punishable as
 3023  provided in s. 775.082 or s. 775.083.
 3024         (b) Any person who knowingly and willfully makes or accepts
 3025  a contribution in excess of $5,000 in violation of subsection
 3026  (1) this section commits a felony of the third degree,
 3027  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 3028         Section 59. Paragraph (b) of subsection (1) and paragraph
 3029  (a) of subsection (2) of section 106.11, Florida Statutes, are
 3030  amended, and subsection (6) is added to that section, to read:
 3031         106.11 Expenses of and expenditures by candidates and
 3032  political committees.—Each candidate and each political
 3033  committee which designates a primary campaign depository
 3034  pursuant to s. 106.021(1) shall make expenditures from funds on
 3035  deposit in such primary campaign depository only in the
 3036  following manner, with the exception of expenditures made from
 3037  petty cash funds provided by s. 106.12:
 3038         (1)
 3039         (b) The checks for such account shall contain, as a
 3040  minimum, the following information:
 3041         1. The statement “Campaign Account of ...(name of candidate
 3042  or political committee) Campaign Account....
 3043         2. The account number and the name of the bank.
 3044         3. The exact amount of the expenditure.
 3045         4. The signature of the campaign treasurer or deputy
 3046  treasurer.
 3047         5. The exact purpose for which the expenditure is
 3048  authorized.
 3049         6. The name of the payee.
 3050         (2)(a) For purposes of this section, debit cards are
 3051  considered bank checks, if:
 3052         1. Debit cards are obtained from the same bank that has
 3053  been designated as the candidate’s or political committee’s
 3054  primary campaign depository.
 3055         2. Debit cards are issued in the name of the treasurer,
 3056  deputy treasurer, or authorized user and state “Campaign Account
 3057  of ...(name of candidate or political committee) Campaign
 3058  Account....”
 3059         3. No more than three debit cards are requested and issued.
 3060         4. Before a debit card is used, a list of all persons
 3061  authorized to use the card is filed with the division.
 3062         5. All debit cards issued to a candidate’s campaign or a
 3063  political committee expire no later than midnight of the last
 3064  day of the month of the general election.
 3065         4.6. The person using the debit card does not receive cash
 3066  as part of, or independent of, any transaction for goods or
 3067  services.
 3068         5.7. All receipts for debit card transactions contain:
 3069         a. The last four digits of the debit card number.
 3070         b. The exact amount of the expenditure.
 3071         c. The name of the payee.
 3072         d. The signature of the campaign treasurer, deputy
 3073  treasurer, or authorized user.
 3074         e. The exact purpose for which the expenditure is
 3075  authorized.
 3076  
 3077  Any information required by this subparagraph but not included
 3078  on the debit card transaction receipt may be handwritten on, or
 3079  attached to, the receipt by the authorized user before
 3080  submission to the treasurer.
 3081         (6) A candidate who made a loan to his or her campaign and
 3082  reported the loan as required by s. 106.07 may be reimbursed for
 3083  the loan at any time the campaign account has sufficient funds
 3084  to repay the loan and satisfy its other obligations.
 3085         Section 60. Subsection (4) of section 106.141, Florida
 3086  Statutes, is amended to read:
 3087         106.141 Disposition of surplus funds by candidates.—
 3088         (4)(a) Except as provided in paragraph (b), any candidate
 3089  required to dispose of funds pursuant to this section shall, at
 3090  the option of the candidate, dispose of such funds by any of the
 3091  following means, or any combination thereof:
 3092         1. Return pro rata to each contributor the funds that have
 3093  not been spent or obligated.
 3094         2. Donate the funds that have not been spent or obligated
 3095  to a charitable organization or organizations that meet the
 3096  qualifications of s. 501(c)(3) of the Internal Revenue Code.
 3097         3. Give not more than $10,000 of the funds that have not
 3098  been spent or obligated to the political party of which such
 3099  candidate is a member, except that a candidate for the Florida
 3100  Senate may give not more than $30,000 of such funds to the
 3101  political party of which the candidate is a member.
 3102         4. Give the funds that have not been spent or obligated:
 3103         a. In the case of a candidate for state office, to the
 3104  state, to be deposited in either the Election Campaign Financing
 3105  Trust Fund or the General Revenue Fund, as designated by the
 3106  candidate; or
 3107         b. In the case of a candidate for an office of a political
 3108  subdivision, to such political subdivision, to be deposited in
 3109  the general fund thereof.
 3110         (b) Any candidate required to dispose of funds pursuant to
 3111  this section who has received contributions pursuant to the
 3112  Florida Election Campaign Financing Act from the Election
 3113  Campaign Financing Trust Fund shall, after all monetary
 3114  commitments pursuant to s. 106.11(5)(b) and (c) have been met,
 3115  return all surplus campaign funds to the General Revenue Fund
 3116  Election Campaign Financing Trust Fund.
 3117         Section 61. Section 106.143, Florida Statutes, is amended
 3118  to read:
 3119         106.143 Political advertisements circulated prior to
 3120  election; requirements.—
 3121         (1)(a) Any political advertisement that is paid for by a
 3122  candidate, other than a write-in candidate, and that is
 3123  published, displayed, or circulated before, or on the day of,
 3124  any election must prominently state:
 3125         1. “Political advertisement paid for and approved by
 3126  ...(name of candidate)..., ...(party affiliation)..., for
 3127  ...(office sought)...”; or
 3128         2. “Paid by ...(name of candidate)..., ...(party
 3129  affiliation)..., for ...(office sought)....”
 3130         (b) Any political advertisement that is paid for by a
 3131  write-in candidate and that is published, displayed, or
 3132  circulated before, or on the day of, any election must
 3133  prominently state:
 3134         1. “Political advertisement paid for and approved by
 3135  ...(name of candidate)..., write-in candidate, for ...(office
 3136  sought)...”; or
 3137         2. “Paid by ..(name of candidate)...., write-in candidate,
 3138  for ...(office sought)....”
 3139         (c)(b) Any other political advertisement published,
 3140  displayed, or circulated before, or on the day of, any election
 3141  must prominently:
 3142         1. Be marked “paid political advertisement” or with the
 3143  abbreviation “pd. pol. adv.”
 3144         2. State the name and address of the persons paying for
 3145  sponsoring the advertisement.
 3146         3.a.(I) State whether the advertisement and the cost of
 3147  production is paid for or provided in kind by or at the expense
 3148  of the entity publishing, displaying, broadcasting, or
 3149  circulating the political advertisement; or
 3150         (II) State who provided or paid for the advertisement and
 3151  cost of production, if different from the source of sponsorship.
 3152         b. This subparagraph does not apply if the source of the
 3153  sponsorship is patently clear from the content or format of the
 3154  political advertisement.
 3155         (d)(c) Any political advertisement made pursuant to s.
 3156  106.021(3)(d) must be marked “paid political advertisement” or
 3157  with the abbreviation “pd. pol. adv.” and must prominently state
 3158  the name and address of the political party paying for the
 3159  advertisement., “Paid for and sponsored by ...(name of person
 3160  paying for political advertisement).... Approved by ...(names of
 3161  persons, party affiliation, and offices sought in the political
 3162  advertisement)....”
 3163         (2) Political advertisements made as in-kind contributions
 3164  from a political party must prominently state: “Paid political
 3165  advertisement paid for in-kind by ...(name of political
 3166  party).... Approved by ...(name of person, party affiliation,
 3167  and office sought in the political advertisement)....”
 3168         (3)(2) Any political advertisement of a candidate running
 3169  for partisan office shall express the name of the political
 3170  party of which the candidate is seeking nomination or is the
 3171  nominee. If the candidate for partisan office is running as a
 3172  candidate with no party affiliation, any political advertisement
 3173  of the candidate must state that the candidate has no party
 3174  affiliation. A candidate for nonpartisan office is prohibited
 3175  from campaigning based on party affiliation.
 3176         (4)(3) It is unlawful for any candidate or person on behalf
 3177  of a candidate to represent that any person or organization
 3178  supports such candidate, unless the person or organization so
 3179  represented has given specific approval in writing to the
 3180  candidate to make such representation. However, this subsection
 3181  does not apply to:
 3182         (a) Editorial endorsement by any newspaper, radio or
 3183  television station, or other recognized news medium.
 3184         (b) Publication by a party committee advocating the
 3185  candidacy of its nominees.
 3186         (5)(4)(a) Any political advertisement not paid for by a
 3187  candidate, including those paid for by a political party, other
 3188  than an independent expenditure, offered by or on behalf of a
 3189  candidate must be approved in advance by the candidate. Such
 3190  political advertisement must expressly state that the content of
 3191  the advertisement was approved by the candidate, unless the
 3192  political advertisement is published, displayed, or circulated
 3193  in compliance with subparagraph (1)(a)2., and must state who
 3194  paid for the advertisement. The candidate shall provide a
 3195  written statement of authorization to the newspaper, radio
 3196  station, television station, or other medium for each such
 3197  advertisement submitted for publication, display, broadcast, or
 3198  other distribution.
 3199         (b) Any person who makes an independent expenditure for a
 3200  political advertisement shall provide a written statement that
 3201  no candidate has approved the advertisement to the newspaper,
 3202  radio station, television station, or other medium for each such
 3203  advertisement submitted for publication, display, broadcast, or
 3204  other distribution. The advertisement must also contain a
 3205  statement that no candidate has approved the advertisement.
 3206         (c) This subsection does not apply to campaign messages
 3207  used by a candidate and his or her supporters if those messages
 3208  are designed to be worn by a person.
 3209         (6)(5) No political advertisement of a candidate who is not
 3210  an incumbent of the office for which the candidate is running
 3211  shall use the word “re-elect.” Additionally, such advertisement
 3212  must include the word “for” between the candidate’s name and the
 3213  office for which the candidate is running, in order that
 3214  incumbency is not implied. This subsection does not apply to
 3215  bumper stickers or items designed to be worn by a person.
 3216         (7) Political advertisements paid for by a political party
 3217  or an affiliated party committee may use names and abbreviations
 3218  as registered under s. 103.081 in the disclaimer.
 3219         (8)(6) This section does not apply to novelty items having
 3220  a retail value of $10 or less which support, but do not oppose,
 3221  a candidate or issue.
 3222         (9)(7) Any political advertisement which is published,
 3223  displayed, or produced in a language other than English may
 3224  provide the information required by this section in the language
 3225  used in the advertisement.
 3226         (10)(8) This section does not apply to any campaign message
 3227  or political advertisement used by a candidate and the
 3228  candidate’s supporters or by a political committee if the
 3229  message or advertisement is:
 3230         (a) Designed to be worn by a person.
 3231         (b) Placed as a paid link on an Internet website, provided
 3232  the message or advertisement is no more than 200 characters in
 3233  length and the link directs the user to another Internet website
 3234  that complies with subsection (1).
 3235         (c) Placed as a graphic or picture link where compliance
 3236  with the requirements of this section is not reasonably
 3237  practical due to the size of the graphic or picture link and the
 3238  link directs the user to another Internet website that complies
 3239  with subsection (1).
 3240         (d) Placed at no cost on an Internet website for which
 3241  there is no cost to post content for public users.
 3242         (e) Placed or distributed on an unpaid profile or account
 3243  which is available to the public without charge or on a social
 3244  networking Internet website, as long as the source of the
 3245  message or advertisement is patently clear from the content or
 3246  format of the message or advertisement. A candidate or political
 3247  committee may prominently display a statement indicating that
 3248  the website or account is an official website or account of the
 3249  candidate or political committee and is approved by the
 3250  candidate or political committee. A website or account may not
 3251  be marked as official without prior approval by the candidate or
 3252  political committee.
 3253         (f) Distributed as a text message or other message via
 3254  Short Message Service, provided the message is no more than 200
 3255  characters in length or requires the recipient to sign up or opt
 3256  in to receive it.
 3257         (g) Connected with or included in any software application
 3258  or accompanying function, provided that the user signs up, opts
 3259  in, downloads, or otherwise accesses the application from or
 3260  through a website that complies with subsection (1).
 3261         (h) Sent by a third-party user from or through a campaign
 3262  or committee’s website, provided the website complies with
 3263  subsection (1).
 3264         (i) Contained in or distributed through any other
 3265  technology-related item, service, or device for which compliance
 3266  with subsection (1) is not reasonably practical due to the size
 3267  or nature of such item, service, or device as available, or the
 3268  means of displaying the message or advertisement makes
 3269  compliance with subsection (1) impracticable.
 3270         (11)(9) Any person who willfully violates any provision of
 3271  this section is subject to the civil penalties prescribed in s.
 3272  106.265.
 3273         Section 62. Subsection (4) of section 106.15, Florida
 3274  Statutes, is amended to read:
 3275         106.15 Certain acts prohibited.—
 3276         (4)(a) No person shall make and no person shall solicit or
 3277  knowingly accept any political contribution in a government
 3278  occupied room or building space building owned by a governmental
 3279  entity.
 3280         (b) For purposes of this subsection, the term:,
 3281         1. “Accept” means to receive a contribution by personal
 3282  hand delivery from a contributor or the contributor’s agent.
 3283         2. “Government-occupied room or building space” means the
 3284  building, or in the case of a partial occupancy that portion of
 3285  a building, owned or leased and being used by a governmental
 3286  entity. However, in the case of a partial occupancy where other
 3287  tenants or owners simultaneously occupy a different portion of
 3288  the building, the term excludes common areas not under the
 3289  exclusive control of the governmental entity, including, but not
 3290  limited to, break rooms, hallways, elevators, stairwells, and
 3291  conference rooms.
 3292         (c) This subsection does shall not apply when a government
 3293  occupied room or building space government-owned building or any
 3294  portion thereof is rented for the specific purpose of holding a
 3295  campaign fund raiser.
 3296         Section 63. Section 106.17, Florida Statutes, is amended to
 3297  read:
 3298         106.17 Polls and surveys relating to candidacies.—Any
 3299  candidate, political committee, committee of continuous
 3300  existence, electioneering communication organization, or state
 3301  or county executive committee of a political party, or an
 3302  affiliated party committee may authorize or conduct a political
 3303  poll, survey, index, or measurement of any kind relating to
 3304  candidacy for public office so long as the candidate, political
 3305  committee, committee of continuous existence, electioneering
 3306  communication organization, affiliated party committee, or
 3307  political party maintains complete jurisdiction over the poll in
 3308  all its aspects. State and county executive committees of a
 3309  political party or an affiliated party committee may authorize
 3310  and conduct political polls for the purpose of determining the
 3311  viability of potential candidates. Such poll results may be
 3312  shared with potential candidates and expenditures incurred by
 3313  state and county executive committees or an affiliated party
 3314  committee for potential candidate polls are not contributions to
 3315  the potential candidates.
 3316         Section 64. Subsection (4) is added to section 106.19,
 3317  Florida Statutes, to read:
 3318         106.19 Violations by candidates, persons connected with
 3319  campaigns, and political committees.—
 3320         (4) Except as otherwise expressly stated, the failure by a
 3321  candidate to comply with the requirements of this chapter has no
 3322  effect upon whether the candidate has qualified for the office
 3323  the candidate is seeking.
 3324         Section 65. Subsections (2) and (3), paragraph (i) of
 3325  subsection (4), and subsection (5) of section 106.25, Florida
 3326  Statutes, are amended to read:
 3327         106.25 Reports of alleged violations to Florida Elections
 3328  Commission; disposition of findings.—
 3329         (2) The commission shall investigate all violations of this
 3330  chapter and chapter 104, but only after having received either a
 3331  sworn complaint or information reported to it under this
 3332  subsection by the Division of Elections. Such sworn complaint
 3333  must be based upon personal information or information other
 3334  than hearsay. Any person, other than the division, having
 3335  information of any violation of this chapter or chapter 104
 3336  shall file a sworn complaint with the commission. The commission
 3337  shall investigate only those alleged violations specifically
 3338  contained within the sworn complaint. If any complainant fails
 3339  to allege all violations that arise from the facts or
 3340  allegations alleged in a complaint, the commission shall be
 3341  barred from investigating a subsequent complaint from such
 3342  complainant that is based upon such facts or allegations that
 3343  were raised or could have been raised in the first complaint. If
 3344  the complaint includes allegations of violations relating to
 3345  expense items reimbursed by a candidate, committee, or
 3346  organization to the campaign account before a sworn complaint is
 3347  filed, the commission shall be barred from investigating such
 3348  allegations. Such sworn complaint shall state whether a
 3349  complaint of the same violation has been made to any state
 3350  attorney. Within 5 days after receipt of a sworn complaint, the
 3351  commission shall transmit a copy of the complaint to the alleged
 3352  violator. The respondent shall have 14 days after receipt of the
 3353  complainant to file an initial response prior to the executive
 3354  director’s determination of legal sufficiency. If the executive
 3355  director finds that the complaint is legally sufficient, the
 3356  respondent shall be notified of such finding by letter, which
 3357  sets forth the statutory provisions alleged to have been
 3358  violated and the alleged factual basis that supports the
 3359  finding. All sworn complaints alleging violations of the Florida
 3360  Election Code over which the commission has jurisdiction shall
 3361  be filed with the commission within 2 years after the alleged
 3362  violations. The period of limitations is tolled on the day a
 3363  sworn complaint is filed with the commission. The complainant
 3364  may withdraw the sworn complaint at any time prior to a probable
 3365  cause hearing if good cause is shown. Withdrawal shall be
 3366  requested in writing, signed by the complainant, and witnessed
 3367  by a notary public, stating the facts and circumstances
 3368  constituting good cause. The executive director shall prepare a
 3369  written recommendation regarding disposition of the request
 3370  which shall be given to the commission together with the
 3371  request. “Good cause” shall be determined based upon the legal
 3372  sufficiency or insufficiency of the complaint to allege a
 3373  violation and the reasons given by the complainant for wishing
 3374  to withdraw the complaint. If withdrawal is permitted, the
 3375  commission must close the investigation and the case. No further
 3376  action may be taken. The complaint will become a public record
 3377  at the time of withdrawal.
 3378         (3) For the purposes of commission jurisdiction, a
 3379  violation shall mean the willful performance of an act
 3380  prohibited by this chapter or chapter 104 or the willful failure
 3381  to perform an act required by this chapter or chapter 104. The
 3382  commission may not by rule determine what constitutes
 3383  willfulness or further define the term as provided in this
 3384  chapter or chapter 104. Willfulness is a determination of fact;
 3385  however, at the request of the respondent at any time after
 3386  probable cause is found, willfulness may be considered and
 3387  determined in an informal hearing before the commission.
 3388         (4) The commission shall undertake a preliminary
 3389  investigation to determine if the facts alleged in a sworn
 3390  complaint or a matter initiated by the division constitute
 3391  probable cause to believe that a violation has occurred.
 3392         (i)1. Upon a commission finding of probable cause, the
 3393  counsel for the commission shall attempt to reach a consent
 3394  agreement with the respondent. At any time, the commission may
 3395  enter into a consent order with a respondent without requiring
 3396  the respondent to admit to having violated a section for which
 3397  the commission has jurisdiction.
 3398         2. A consent agreement is not binding upon either party
 3399  unless and until it is signed by the respondent and by counsel
 3400  for the commission upon approval by the commission.
 3401         3. Nothing herein shall be construed to prevent the
 3402  commission from entering into a consent agreement with a
 3403  respondent prior to a commission finding of probable cause if a
 3404  respondent indicates in writing a desire to enter into
 3405  negotiations directed towards reaching such a consent agreement.
 3406  Any consent agreement reached under this subparagraph is subject
 3407  to the provisions of subparagraph 2. and shall have the same
 3408  force and effect as a consent agreement reached after the
 3409  commission finding of probable cause.
 3410  
 3411  In a case where probable cause is found, the commission shall
 3412  make a preliminary determination to consider the matter or to
 3413  refer the matter to the state attorney for the judicial circuit
 3414  in which the alleged violation occurred. Notwithstanding any
 3415  other provisions of this section, the commission may, at its
 3416  discretion, dismiss any complaint at any stage of disposition if
 3417  it determines that the public interest would not be served by
 3418  proceeding further, in which case the commission shall issue a
 3419  public report stating with particularity its reasons for the
 3420  dismissal.
 3421         (5) Unless A person alleged by the Elections Commission to
 3422  have committed a violation of this chapter or chapter 104 may
 3423  elect, as a matter of right elects, within 30 days after the
 3424  date of the filing of the commission’s allegations, to have a
 3425  formal administrative hearing conducted by an administrative law
 3426  judge in the Division of Administrative Hearings. The
 3427  administrative law judge in such proceedings shall enter a final
 3428  order, which may include the imposition of civil penalties, and
 3429  the formal or informal hearing conducted before the commission,
 3430  or elects to resolve the complaint by consent order, such person
 3431  shall be entitled to a formal administrative hearing conducted
 3432  by an administrative law judge in the Division of Administrative
 3433  Hearings. The administrative law judge in such proceedings shall
 3434  enter a final order is subject to appeal as provided in s.
 3435  120.68.
 3436         Section 66. Subsection (1) of section 106.26, Florida
 3437  Statutes, is amended to read:
 3438         106.26 Powers of commission; rights and responsibilities of
 3439  parties; findings by commission.—
 3440         (1) The commission shall, pursuant to rules adopted and
 3441  published in accordance with chapter 120, consider all sworn
 3442  complaints filed with it and all matters reported to it by the
 3443  Division of Elections. In order to carry out the
 3444  responsibilities prescribed by this chapter, the commission is
 3445  empowered to subpoena and bring before it, or its duly
 3446  authorized representatives, any person in the state, or any
 3447  person doing business in the state, or any person who has filed
 3448  or is required to have filed any application, document, papers,
 3449  or other information with an office or agency of this state or a
 3450  political subdivision thereof and to require the production of
 3451  any papers, books, or other records relevant to any
 3452  investigation, including the records and accounts of any bank or
 3453  trust company doing business in this state. Duly authorized
 3454  representatives of the commission are empowered to administer
 3455  all oaths and affirmations in the manner prescribed by law to
 3456  witnesses who shall appear before them concerning any relevant
 3457  matter. Should any witness fail to respond to the lawful
 3458  subpoena of the commission or, having responded, fail to answer
 3459  all lawful inquiries or to turn over evidence that has been
 3460  subpoenaed, the commission may file a complaint in the before
 3461  any circuit court where the witness resides of the state setting
 3462  up such failure on the part of the witness. On the filing of
 3463  such complaint, the court shall take jurisdiction of the witness
 3464  and the subject matter of said complaint and shall direct the
 3465  witness to respond to all lawful questions and to produce all
 3466  documentary evidence in the witness’s possession which is
 3467  lawfully demanded. The failure of any witness to comply with
 3468  such order of the court shall constitute a direct and criminal
 3469  contempt of court, and the court shall punish said witness
 3470  accordingly. However, the refusal by a witness to answer
 3471  inquiries or turn over evidence on the basis that such testimony
 3472  or material will tend to incriminate such witness shall not be
 3473  deemed refusal to comply with the provisions of this chapter.
 3474  The sheriffs in the several counties shall make such service and
 3475  execute all process or orders when required by the commission.
 3476  Sheriffs shall be paid for these services by the commission as
 3477  provided for in s. 30.231. Any person who is served with a
 3478  subpoena to attend a hearing of the commission also shall be
 3479  served with a general statement informing him or her of the
 3480  subject matter of the commission’s investigation or inquiry and
 3481  a notice that he or she may be accompanied at the hearing by
 3482  counsel of his or her own choosing.
 3483         Section 67. Section 106.265, Florida Statutes, is amended
 3484  to read:
 3485         106.265 Civil penalties.—
 3486         (1) The commission or, in cases referred to the Division of
 3487  Administrative Hearings pursuant to s. 106.25(5), an
 3488  administrative law judge is authorized upon the finding of a
 3489  violation of this chapter or chapter 104 to impose civil
 3490  penalties in the form of fines not to exceed $1,000 per count
 3491  or, if applicable, to impose a civil penalty as provided in s.
 3492  106.19.
 3493         (2) In determining the amount of such civil penalties, the
 3494  commission or the administrative law judge shall consider, among
 3495  other mitigating and aggravating circumstances:
 3496         (a) The gravity of the act or omission;
 3497         (b) Any previous history of similar acts or omissions;
 3498         (c) The appropriateness of such penalty to the financial
 3499  resources of the person, political committee, committee of
 3500  continuous existence, electioneering communications
 3501  organization, or political party; and
 3502         (d) Whether the person, political committee, committee of
 3503  continuous existence, electioneering communications
 3504  organization, or political party has shown good faith in
 3505  attempting to comply with the provisions of this chapter or
 3506  chapter 104.
 3507         (3)(2) If any person, political committee, committee of
 3508  continuous existence, electioneering communications
 3509  organization, or political party fails or refuses to pay to the
 3510  commission any civil penalties assessed pursuant to the
 3511  provisions of this section, the commission shall be responsible
 3512  for collecting the civil penalties resulting from such action.
 3513         (4)(3) Any civil penalty collected pursuant to the
 3514  provisions of this section shall be deposited into the General
 3515  Revenue Fund Election Campaign Financing Trust Fund.
 3516         (5)(4)Notwithstanding any other provisions of this
 3517  chapter, Any fine assessed pursuant to the provisions of this
 3518  chapter shall, which fine is designated to be deposited or which
 3519  would otherwise be deposited into the General Revenue Fund of
 3520  the state, shall be deposited into the Election Campaign
 3521  Financing Trust Fund.
 3522         (6)(5) In any case in which the commission determines that
 3523  a person has filed a complaint against another person with a
 3524  malicious intent to injure the reputation of the person
 3525  complained against by filing the complaint with knowledge that
 3526  the complaint contains one or more false allegations or with
 3527  reckless disregard for whether the complaint contains false
 3528  allegations of fact material to a violation of this chapter or
 3529  chapter 104, the complainant shall be liable for costs and
 3530  reasonable attorney’s fees incurred in the defense of the person
 3531  complained against, including the costs and reasonable
 3532  attorney’s fees incurred in proving entitlement to and the
 3533  amount of costs and fees. If the complainant fails to pay such
 3534  costs and fees voluntarily within 30 days following such finding
 3535  by the commission, the commission shall forward such information
 3536  to the Department of Legal Affairs, which shall bring a civil
 3537  action in a court of competent jurisdiction to recover the
 3538  amount of such costs and fees awarded by the commission.
 3539         Section 68. Subsection (1) and paragraph (b) of subsection
 3540  (3) of section 106.29, Florida Statutes, are amended to read:
 3541         106.29 Reports by political parties; restrictions on
 3542  contributions and expenditures; penalties.—
 3543         (1) The state executive committee and each county executive
 3544  committee of each political party regulated by chapter 103 shall
 3545  file regular reports of all contributions received and all
 3546  expenditures made by such committee. In addition, when a special
 3547  election is called to fill a vacancy in office, each state
 3548  executive committee, each affiliated party committee, and each
 3549  county executive committee making contributions or expenditures
 3550  to influence the results of the special election or the
 3551  preceding special primary election must file a campaign
 3552  treasurer’s report on the dates set by the Department of State
 3553  pursuant to s. 100.111. Such reports shall contain the same
 3554  information as do reports required of candidates by s. 106.07
 3555  and shall be filed on the 10th day following the end of each
 3556  calendar quarter, except that, during the period from the last
 3557  day for candidate qualifying until the general election, such
 3558  reports shall be filed on the Friday immediately preceding each
 3559  special primary election, special election, and both the primary
 3560  election and the general election. In addition to the reports
 3561  filed under this section, the state executive committee and each
 3562  county executive committee shall file a copy of each prior
 3563  written acceptance of an in-kind contribution given by the
 3564  committee during the preceding calendar quarter as required
 3565  under s. 106.08(6). Each state executive committee shall file
 3566  the original and one copy of its reports with the Division of
 3567  Elections. Each county executive committee shall file its
 3568  reports with the supervisor of elections in the county in which
 3569  such committee exists. Any state or county executive committee
 3570  failing to file a report on the designated due date shall be
 3571  subject to a fine as provided in subsection (3). A No separate
 3572  fine may not shall be assessed for failure to file a copy of any
 3573  report required by this section.
 3574         (3)
 3575         (b) Upon determining that a report is late, the filing
 3576  officer shall immediately notify the chair of the executive
 3577  committee as to the failure to file a report by the designated
 3578  due date and that a fine is being assessed for each late day.
 3579  The fine shall be $1,000 for a state executive committee, and
 3580  $50 for a county executive committee, per day for each late day,
 3581  not to exceed 25 percent of the total receipts or expenditures,
 3582  whichever is greater, for the period covered by the late report.
 3583  However, if an executive committee fails to file a report on the
 3584  Friday immediately preceding the special election or general
 3585  election, the fine shall be $10,000 per day for each day a state
 3586  executive committee is late and $500 per day for each day a
 3587  county executive committee is late. Upon receipt of the report,
 3588  the filing officer shall determine the amount of the fine which
 3589  is due and shall notify the chair. Notice is deemed sufficient
 3590  upon proof of delivery of written notice to the mailing or
 3591  street address on record with the filing officer. The filing
 3592  officer shall determine the amount of the fine due based upon
 3593  the earliest of the following:
 3594         1. When the report is actually received by such officer.
 3595         2. When the report is postmarked.
 3596         3. When the certificate of mailing is dated.
 3597         4. When the receipt from an established courier company is
 3598  dated.
 3599         5. When the electronic receipt issued pursuant to s.
 3600  106.0705 is dated.
 3601  
 3602  Such fine shall be paid to the filing officer within 20 days
 3603  after receipt of the notice of payment due, unless appeal is
 3604  made to the Florida Elections Commission pursuant to paragraph
 3605  (c). An officer or member of an executive committee shall not be
 3606  personally liable for such fine.
 3607         Section 69. Subsection (5) of section 106.35, Florida
 3608  Statutes, is amended to read:
 3609         106.35 Distribution of funds.—
 3610         (5) The division shall adopt rules providing for the weekly
 3611  reports and certification and distribution of funds pursuant
 3612  thereto required by this section. Such rules shall, at a
 3613  minimum, provide for:
 3614         (a) Specifications for printed campaign treasurer’s reports
 3615  outlining the format for such reports, including size of paper,
 3616  typeface, color of print, and placement of required information
 3617  on the form.
 3618         (b)1. specifications for electronically transmitted
 3619  campaign treasurer’s reports outlining communication parameters
 3620  and protocol, data record formats, and provisions for ensuring
 3621  security of data and transmission.
 3622         2. All electronically transmitted campaign treasurer’s
 3623  reports must also be filed in printed format. Printed format
 3624  shall not include campaign treasurer’s reports submitted by
 3625  electronic facsimile transmission.
 3626         Section 70. Section 106.355, Florida Statutes, is amended
 3627  to read:
 3628         106.355 Nonparticipating candidate exceeding limits.
 3629  Whenever a candidate for the office of Governor or member of the
 3630  Cabinet who has elected not to participate in election campaign
 3631  financing under the provisions of ss. 106.30-106.36 exceeds the
 3632  applicable expenditure limit provided in s. 106.34, all opposing
 3633  candidates participating in such election campaign financing
 3634  are, notwithstanding the provisions of s. 106.33 or any other
 3635  provision requiring adherence to such limit, released from such
 3636  expenditure limit to the extent the nonparticipating candidate
 3637  exceeded the limit, are still eligible for matching
 3638  contributions up to such limit, and shall not be required to
 3639  reimburse any matching funds provided pursuant thereto. In
 3640  addition, the Department of State shall, within 7 days after a
 3641  request by a participating candidate, provide such candidate
 3642  with funds from the Election Campaign Financing Trust Fund equal
 3643  to the amount by which the nonparticipating candidate exceeded
 3644  the expenditure limit, not to exceed twice the amount of the
 3645  maximum expenditure limits specified in s. 106.34(1)(a) and (b),
 3646  which funds shall not be considered matching funds.
 3647         Section 71. Paragraph (d) of subsection (1) of section
 3648  11.045, Florida Statutes, is amended to read:
 3649         11.045 Lobbying before the Legislature; registration and
 3650  reporting; exemptions; penalties.—
 3651         (1) As used in this section, unless the context otherwise
 3652  requires:
 3653         (d) “Expenditure” means a payment, distribution, loan,
 3654  advance, reimbursement, deposit, or anything of value made by a
 3655  lobbyist or principal for the purpose of lobbying. The term
 3656  “expenditure” does not include contributions or expenditures
 3657  reported pursuant to chapter 106 or federal election law, funds
 3658  received or spent under s. 106.012, campaign-related personal
 3659  services provided without compensation by individuals
 3660  volunteering their time, any other contribution or expenditure
 3661  made by or to a political party, or any other contribution or
 3662  expenditure made by an organization that is exempt from taxation
 3663  under 26 U.S.C. s. 527 or s. 501(c)(4).
 3664         Section 72. Paragraph (b) of subsection (12) of section
 3665  112.312, Florida Statutes, is amended to read:
 3666         112.312 Definitions.—As used in this part and for purposes
 3667  of the provisions of s. 8, Art. II of the State Constitution,
 3668  unless the context otherwise requires:
 3669         (12)
 3670         (b) “Gift” does not include:
 3671         1. Salary, benefits, services, fees, commissions, gifts, or
 3672  expenses associated primarily with the donee’s employment,
 3673  business, or service as an officer or director of a corporation
 3674  or organization.
 3675         2. Contributions or expenditures reported pursuant to
 3676  chapter 106, funds received or spent under s. 106.012,
 3677  contributions or expenditures reported pursuant to federal
 3678  election law, campaign-related personal services provided
 3679  without compensation by individuals volunteering their time, or
 3680  any other contribution or expenditure by a political party.
 3681         3. An honorarium or an expense related to an honorarium
 3682  event paid to a person or the person’s spouse.
 3683         4. An award, plaque, certificate, or similar personalized
 3684  item given in recognition of the donee’s public, civic,
 3685  charitable, or professional service.
 3686         5. An honorary membership in a service or fraternal
 3687  organization presented merely as a courtesy by such
 3688  organization.
 3689         6. The use of a public facility or public property, made
 3690  available by a governmental agency, for a public purpose.
 3691         7. Transportation provided to a public officer or employee
 3692  by an agency in relation to officially approved governmental
 3693  business.
 3694         8. Gifts provided directly or indirectly by a state,
 3695  regional, or national organization which promotes the exchange
 3696  of ideas between, or the professional development of,
 3697  governmental officials or employees, and whose membership is
 3698  primarily composed of elected or appointed public officials or
 3699  staff, to members of that organization or officials or staff of
 3700  a governmental agency that is a member of that organization.
 3701         Section 73. Paragraph (d) of subsection (1) of section
 3702  112.3215, Florida Statutes, is amended to read:
 3703         112.3215 Lobbying before the executive branch or the
 3704  Constitution Revision Commission; registration and reporting;
 3705  investigation by commission.—
 3706         (1) For the purposes of this section:
 3707         (d) “Expenditure” means a payment, distribution, loan,
 3708  advance, reimbursement, deposit, or anything of value made by a
 3709  lobbyist or principal for the purpose of lobbying. The term
 3710  “expenditure” does not include contributions or expenditures
 3711  reported pursuant to chapter 106, funds received or spent under
 3712  s. 106.012, or contributions or expenditures reported pursuant
 3713  to federal election law, campaign-related personal services
 3714  provided without compensation by individuals volunteering their
 3715  time, any other contribution or expenditure made by or to a
 3716  political party, or any other contribution or expenditure made
 3717  by an organization that is exempt from taxation under 26 U.S.C.
 3718  s. 527 or s. 501(c)(4).
 3719         Section 74. Subsection (1) of section 876.05, Florida
 3720  Statutes, is amended to read:
 3721         876.05 Public employees; oath.—
 3722         (1) All persons who now or hereafter are employed by or who
 3723  now or hereafter are on the payroll of the state, or any of its
 3724  departments and agencies, subdivisions, counties, cities, school
 3725  boards and districts of the free public school system of the
 3726  state or counties, or institutions of higher learning, and all
 3727  candidates for public office, except candidates for federal
 3728  office, are required to take an oath before any person duly
 3729  authorized to take acknowledgments of instruments for public
 3730  record in the state in the following form:
 3731         I, ...., a citizen of the State of Florida and of the
 3732  United States of America, and being employed by or an officer of
 3733  .... and a recipient of public funds as such employee or
 3734  officer, do hereby solemnly swear or affirm that I will support
 3735  the Constitution of the United States and of the State of
 3736  Florida.
 3737         Section 75. Section 100.101, Florida Statutes, is amended
 3738  to read:
 3739         100.101 Special elections and special primary elections.
 3740  Except as provided in s. 100.111(2), A special election or
 3741  special primary election shall be held in the following cases:
 3742         (1) If no person has been elected at a general election to
 3743  fill an office which was required to be filled by election at
 3744  such general election.
 3745         (2) If a vacancy occurs in the office of state senator or
 3746  member of the state house of representatives.
 3747         (3) If it is necessary to elect presidential electors, by
 3748  reason of the offices of President and Vice President both
 3749  having become vacant.
 3750         (4) If a vacancy occurs in the office of member from
 3751  Florida of the House of Representatives of Congress.
 3752         Section 76. Section 103.161, Florida Statutes, is repealed.
 3753         Section 77. Section 876.07, Florida Statutes, is repealed.
 3754         Section 78. Effective upon this act becoming a law,
 3755  subsections (1) and (2) of section 101.161, Florida Statutes,
 3756  are amended, and subsection (4) is added to that section, to
 3757  read:
 3758         101.161 Referenda; ballots.—
 3759         (1) Whenever a constitutional amendment or other public
 3760  measure is submitted to the vote of the people, a ballot summary
 3761  the substance of such amendment or other public measure shall be
 3762  printed in clear and unambiguous language on the ballot after
 3763  the list of candidates, followed by the word “yes” and also by
 3764  the word “no,” and shall be styled in such a manner that a “yes”
 3765  vote will indicate approval of the proposal and a “no” vote will
 3766  indicate rejection. The ballot summary wording of the substance
 3767  of the amendment or other public measure and the ballot title to
 3768  appear on the ballot shall be embodied in the joint resolution,
 3769  constitutional revision commission proposal, constitutional
 3770  convention proposal, taxation and budget reform commission
 3771  proposal, or enabling resolution or ordinance. Except for
 3772  amendments and ballot language proposed by joint resolution, The
 3773  ballot summary substance of the amendment or other public
 3774  measure shall be an explanatory statement, not exceeding 75
 3775  words in length, of the chief purpose of the measure. In
 3776  addition, for every amendment proposed by initiative, the ballot
 3777  shall include, following the ballot summary, a separate
 3778  financial impact statement concerning the measure prepared by
 3779  the Financial Impact Estimating Conference in accordance with s.
 3780  100.371(5). The ballot title shall consist of a caption, not
 3781  exceeding 15 words in length, by which the measure is commonly
 3782  referred to or spoken of. This subsection does not apply to
 3783  constitutional amendments or revisions proposed by joint
 3784  resolution.
 3785         (2) The ballot summary substance and ballot title of a
 3786  constitutional amendment proposed by initiative shall be
 3787  prepared by the sponsor and approved by the Secretary of State
 3788  in accordance with rules adopted pursuant to s. 120.54. The
 3789  Department of State shall give each proposed constitutional
 3790  amendment a designating number for convenient reference. This
 3791  number designation shall appear on the ballot. Designating
 3792  numbers shall be assigned in the order of filing or
 3793  certification and in accordance with rules adopted by the
 3794  Department of State. The Department of State shall furnish the
 3795  designating number, the ballot title, and the ballot summary
 3796  substance of each amendment, unless otherwise specified in a
 3797  joint resolution, to the supervisor of elections of each county
 3798  in which such amendment is to be voted on.
 3799         (4)(a) Whenever a constitutional amendment or revision is
 3800  proposed by joint resolution, the joint resolution shall include
 3801  a ballot title consisting of a caption, not exceeding 15 words
 3802  in length, by which the measure is commonly referred to or
 3803  spoken of. The joint resolution may include a ballot summary or
 3804  alternate ballot summaries, listed in order of preference,
 3805  describing the chief purpose of the amendment or revision in
 3806  clear and unambiguous language. The joint resolution shall
 3807  specify placement on the ballot of a ballot title and either a
 3808  ballot summary embodied in the joint resolution or the full text
 3809  of the proposed amendment or revision. As specified by the joint
 3810  resolution, the ballot title and ballot summary, or the ballot
 3811  title and the full text of the proposed amendment or revision,
 3812  shall be printed on the ballot, with a designating number
 3813  assigned by the Secretary of State pursuant to subsection (2),
 3814  after the list of candidates, followed by the word “yes” and
 3815  also by the word “no,” and shall be styled in such a manner that
 3816  a “yes” vote will indicate approval of the proposal and a “no”
 3817  vote will indicate rejection. The Department of State shall
 3818  furnish the designating number and, as specified by the joint
 3819  resolution proposing an amendment or revision, the ballot title
 3820  and a ballot summary or the full text of the amendment or
 3821  revision to the supervisor of elections of each county.
 3822         (b) If the court determines that each ballot summary
 3823  embodied in a joint resolution is defective, the full text of
 3824  the proposed amendment or revision shall appear on the ballot in
 3825  lieu of a ballot summary unless the Secretary of State certifies
 3826  to the court that placement of the full text on the ballot is
 3827  incompatible with voting systems that must be utilized during
 3828  the election at which the proposed amendment will be presented
 3829  to voters and that no other available accommodation will enable
 3830  persons with disabilities to vote on the proposed amendment or
 3831  revision. If the Secretary of State submits such certification
 3832  or the court determines that all ballot summaries in the joint
 3833  resolution are deficient and that the full text of a proposed
 3834  amendment or revision may not be placed on the ballot, and
 3835  further appeals are declined, abandoned, or exhausted, unless
 3836  otherwise provided in the joint resolution, the Attorney General
 3837  shall prepare and submit within 10 days to the Secretary of
 3838  State and the court a revised ballot summary that corrects
 3839  ballot summary deficiencies identified by the court. That court
 3840  shall retain jurisdiction over challenges to any revised ballot
 3841  summary submitted by the Attorney General, and any challenge to
 3842  a revised ballot summary shall be filed within 10 days after the
 3843  revised ballot summary is submitted to the court by the Attorney
 3844  General.
 3845         (c)1. If the full text of a proposed amendment or revision
 3846  delineates existing text in the State Constitution that will be
 3847  removed or replaced if approved by the electors, the full text
 3848  shall be presumed to be a clear and unambiguous statement of the
 3849  substance and effect of the amendment or revision, providing
 3850  fair notice to the electors of the content of the proposal and
 3851  sufficiently advising electors of the issue upon which they are
 3852  voting.
 3853         2. In determining whether a ballot summary, the ballot
 3854  title, or the full text of a proposed amendment or revision is
 3855  legally sufficient, the court shall use the same rules of
 3856  construction to interpret language in a proposed constitutional
 3857  amendment as it does when interpreting existing constitutional
 3858  provisions.
 3859         (d)1. Any legal action challenging placement on the ballot
 3860  of a ballot title, any ballot summary, or the full text of a
 3861  proposed amendment or revision embodied in a joint resolution on
 3862  constitutional, statutory, or other grounds must be commenced by
 3863  filing a complaint or petition with the appropriate court within
 3864  30 days after the joint resolution is filed with the Secretary
 3865  of State. Furthermore, in any legal action challenging placement
 3866  on the ballot of any ballot summary embodied in a joint
 3867  resolution, the complaint or petition shall assert all grounds
 3868  for challenging the ballot title, each ballot summary embodied
 3869  in the joint resolution, and the full text of the proposed
 3870  amendment or revision. Any such grounds not asserted within 30
 3871  days after the joint resolution is filed with the Secretary of
 3872  State shall be deemed waived.
 3873         2. If a court finds the ballot title, a ballot summary, or
 3874  the full text of a proposed amendment defective for purposes of
 3875  placement on the ballot, the court shall, in its written order
 3876  or judgment, describe each deficiency with specificity in order
 3877  to facilitate the Attorney General’s preparation of a revised
 3878  ballot summary.
 3879         (e) Legal actions challenging ballot language specified by
 3880  a joint resolution proposing an amendment or revision to the
 3881  State Constitution shall be accorded priority over other pending
 3882  cases by the courts, including any appellate court, and the
 3883  courts shall render decisions in such actions as expeditiously
 3884  as possible.
 3885         Section 79. The amendment of section 101.161, Florida
 3886  Statutes, by this act applies retroactively to all joint
 3887  resolutions adopted by the Legislature during the 2011 Regular
 3888  Session, except that any legal action challenging a ballot title
 3889  or ballot summary embodied in such joint resolution or
 3890  challenging placement on the ballot of the full text of the
 3891  proposed amendment or revision to the State Constitution as
 3892  specified in such joint resolution must be commenced within 30
 3893  days after the effective date of the amendment of section
 3894  101.161, Florida Statutes, by this act or within 30 days after
 3895  the joint resolution to which a challenge relates is filed with
 3896  the Secretary of State, whichever occurs later.
 3897         Section 80. Except as otherwise expressly provided in this
 3898  act and except for this section, which shall take effect upon
 3899  this act becoming a law, this act shall take effect July 1,
 3900  2011.
 3901  
 3902  ================= T I T L E  A M E N D M E N T ================
 3903         And the title is amended as follows:
 3904         Delete everything before the enacting clause
 3905  and insert:
 3906                        A bill to be entitled                      
 3907         An act relating to elections; amending s. 97.012,
 3908         F.S.; expanding the list of responsibilities of the
 3909         Secretary of State when acting in his or her capacity
 3910         as chief election officer; amending s. 97.021, F.S.;
 3911         revising the definition of “minor political party”;
 3912         amending s. 97.025, F.S.; revising methods of
 3913         publication and distribution of the Florida Election
 3914         Code pamphlet to candidates qualifying with the
 3915         Department of State; amending s. 97.0575, F.S.;
 3916         requiring that third-party voter registration
 3917         organizations register with the Division of Elections
 3918         and provide the division with certain information;
 3919         requiring that the division or a supervisor of
 3920         elections make voter registration forms available to
 3921         third-party voter registration organizations;
 3922         requiring that such forms contain certain information;
 3923         requiring that the division maintain a database of
 3924         certain information; requiring supervisors of
 3925         elections to provide specified information to the
 3926         division in a format and at times required by the
 3927         division; requiring that such information be updated
 3928         and made public daily at a specified time; requiring
 3929         third-party voter registration organizations to
 3930         deliver collected voter registration applications
 3931         within a specified period; revising penalty provisions
 3932         to conform; specifying grounds for an affirmative
 3933         defense to a violation of timely submission
 3934         requirements; providing for the referral of violations
 3935         to the Attorney General; authorizing the Attorney
 3936         General to initiate a civil action; providing that an
 3937         action for relief may include a permanent or temporary
 3938         injunction, a restraining order, or any other
 3939         appropriate order; requiring that the division adopt
 3940         rules for specified purposes; providing for
 3941         retroactive effectiveness; amending s. 97.071, F.S.;
 3942         requiring that voter information cards contain the
 3943         address of the polling place of the registered voter;
 3944         requiring a supervisor of elections to issue a new
 3945         voter information card to a voter upon a change in a
 3946         voter’s address of legal residence or a change in a
 3947         voter’s polling place address; amending s. 97.073,
 3948         F.S.; requiring a supervisor to notify an applicant
 3949         within 5 business days regarding disposition of the
 3950         voter registration applications; amending s. 97.1031,
 3951         F.S.; requiring an elector to notify the supervisor of
 3952         elections when he or she changes his or her residence
 3953         address; providing a voter with various options for
 3954         providing address updates; revising notice
 3955         requirements for any change in party affiliation;
 3956         amending s. 98.075, F.S.; requiring a supervisor of
 3957         elections to remove a registered voter from the
 3958         statewide voter registration system upon certain
 3959         notice; providing bases for ineligibility; amending
 3960         98.093, F.S.; requiring the Florida Parole Commission
 3961         and the Department of Corrections to provide specified
 3962         data for the updating of the statewide voter
 3963         registration system regarding convicted felons;
 3964         amending s. 98.0981, F.S.; providing timeframes and
 3965         formats for voting history information to be sent by
 3966         the supervisors of elections to the department;
 3967         providing timeframes and formats for voting history
 3968         information to be sent by the department to the
 3969         President of the Senate, the Speaker of the House of
 3970         Representatives, and the respective minority leaders;
 3971         requiring submission of precinct-level information in
 3972         a certain format by a time certain; amending s.
 3973         99.012, F.S., relating to restrictions on individuals
 3974         qualifying for public office; providing that if a
 3975         final court order determines that a person did not
 3976         comply with specific provisions of the section the
 3977         person is not qualified as a candidate and his or her
 3978         name may not appear on ballot; providing for
 3979         nonapplicability to presidential and vice presidential
 3980         candidates; amending s. 99.021, F.S.; revising the
 3981         candidate oath requirement for a person seeking to
 3982         qualify for nomination or election or as a candidate
 3983         of a political party; removing requirement for
 3984         qualifying officer to give printed copy of candidate
 3985         oath; removing requirement for taking public employee
 3986         oath; providing exceptions for certain candidates
 3987         taking other oaths; amending s. 99.061, F.S.; revising
 3988         timeframe for candidate to pay qualifying fee under
 3989         certain circumstances; requiring checks to be payable
 3990         as prescribed by filing officer; requiring notarized
 3991         signature on certain oaths; removing requirement for
 3992         public employee oath; requiring filing of a notarized
 3993         financial disclosure; clarifying time for qualifying
 3994         papers to be received; providing that qualifying
 3995         officer performs ministerial duty only; exempting
 3996         qualifying officer decision from Administrative
 3997         Procedures Act; amending s. 99.063, F.S.; removing the
 3998         requirement that a candidate swear a public employee
 3999         loyalty oath; amending s. 99.093, F.S.; remitting
 4000         assessments directly to the Florida Elections
 4001         Commissions rather than passing through the
 4002         department; amending s. 99.095, F.S.; allowing certain
 4003         individuals seeking county or district office in a
 4004         year of apportionment to obtain signatures countywide;
 4005         amending s. 99.097, F.S.; clarifying that the
 4006         supervisor of elections checks more than signatures on
 4007         petition forms; clarifying rulemaking authority of the
 4008         department relating to petitions; prohibiting certain
 4009         random sampling method of petition verification for
 4010         constitutional amendments petitions; providing for
 4011         invalidity of undue burden oaths under specified
 4012         circumstances; providing for certain funds to be used
 4013         to reimburse a supervisor of elections for signature
 4014         verification fees not previously paid when an undue
 4015         burden oath is held invalid; amending s. 100.061,
 4016         F.S.; revising the primary election date; amending s.
 4017         100.111, F.S.; providing notification requirements and
 4018         procedures for filling a vacancy in nomination for
 4019         certain offices; deleting the definition of the term
 4020         “district political party executive committee”;
 4021         providing that a vacancy in nomination is not created
 4022         if an order of a court that has become final
 4023         determines the nominee did not properly qualify or
 4024         does not meet the necessary qualifications to hold the
 4025         office sought; amending s. 100.371, F.S.; providing
 4026         that signatures on an initiative petition are valid
 4027         for 2 years instead of 4 years; requiring that a
 4028         petition signer must be a registered elector at time
 4029         of signing for a supervisor to verify his or her
 4030         signature as valid; requiring the supervisor of
 4031         elections to notify petition sponsor of misfiled
 4032         petition under certain circumstances; deleting certain
 4033         petition revocation provisions; amending s. 101.001,
 4034         F.S.; requiring the supervisors of elections to
 4035         provide the department with precinct data including
 4036         specified information; requiring the department to
 4037         maintain a searchable database containing certain
 4038         precinct and census block information; requiring
 4039         supervisors of elections to notify the department of
 4040         precinct changes within a specified time; deleting a
 4041         waiver; amending s. 101.043, F.S.; providing that the
 4042         address appearing on the photo identification used at
 4043         polls cannot be used to confirm or challenge an
 4044         elector’s legal residence for address verification;
 4045         amending s. 101.045, F.S.; permitting a change of
 4046         residence at the polling place for a person changing
 4047         residence within a county; providing that a person
 4048         whose change of address is from outside the county may
 4049         not change his or her legal residence at the polling
 4050         place or vote a regular ballot but may vote a
 4051         provisional ballot; amending s. 101.131, F.S.;
 4052         revising procedures for the designation of poll
 4053         watchers; requiring that the division prescribe a form
 4054         for the designation of poll watchers; providing
 4055         conditions under which poll watchers are authorized to
 4056         enter polling areas and watch polls; requiring that a
 4057         supervisor of elections provide identification to poll
 4058         watchers by a specified period before early voting
 4059         begins; requiring that poll watchers display such
 4060         identification while in a polling place; amending s.
 4061         101.151, F.S.; providing changes in ballot appearance;
 4062         reducing length and appearance of ballot and
 4063         redundancy; expanding use of ballot on demand
 4064         technology; amending s. 101.5605, F.S.; clarifying
 4065         that testing of voting equipment be done in accordance
 4066         with state-adopted voting system standards; amending
 4067         s. 101.5606, F.S.; removing references to obsolete
 4068         forms of voting; amending s. 101.56075, F.S.;
 4069         providing that all voting systems utilized after a
 4070         certain time shall permit placement on the ballot of
 4071         the full text of a constitutional amendment; amending
 4072         s. 101.5612, F.S.; revising the number or percentage
 4073         of systems that must be tested; amending s. 101.5614,
 4074         F.S.; conforming law to current technological
 4075         practices in canvassing of certain returns; amending
 4076         s. 101.591, F.S.; providing that a manual recount is
 4077         not required under certain circumstances; amending s.
 4078         101.62, F.S.; extending absentee ballot request
 4079         through the end of the calendar year of the next two
 4080         regularly scheduled general elections; providing
 4081         timeframes for absentee ballots to be sent to voters
 4082         voting an absentee ballot; clarifying provisions
 4083         relating to military and overseas voters; requiring
 4084         the supervisors of elections to update absentee ballot
 4085         information and make available by a time certain;
 4086         revising reasons for voting absentee; amending s.
 4087         101.65, F.S.; expanding absentee ballot instructions
 4088         to notify a voter that signatures on ballot and on
 4089         record must match; informing voter when signature must
 4090         be updated; amending s. 101.68, F.S.; allowing the
 4091         county canvassing boards to begin canvassing of
 4092         absentee ballots at a time certain; amending s.
 4093         101.6923, F.S.; expanding special absentee ballot
 4094         instructions for certain first-time voters to notify
 4095         voters that signatures on the ballot and on record
 4096         must match; informing voter when signature must be
 4097         updated; amending s. 101.75, F.S.; eliminating state
 4098         mandate for a municipal election to have a 14-day
 4099         candidate qualifying period when it moves its election
 4100         to coincide with state or county election; amending s.
 4101         102.031, F.S.; prohibiting solicitation of voters who
 4102         are entering or in line to enter any polling place,
 4103         polling room, or early voting site; requiring the
 4104         posting of a sign; expanding the definitions of the
 4105         terms “solicit” and “solicitation”; amending s.
 4106         102.141, F.S.; requiring the canvassing board to
 4107         report all early voting and all tabulated absentee
 4108         results to the department by a time certain; requiring
 4109         periodic updates; amending s. 102.168, F.S.;
 4110         clarifying when canvassing boards are an indispensable
 4111         party to an election contest; clarifying evidence a
 4112         circuit court may consider in certain election
 4113         contests; providing a standard of review; amending s.
 4114         103.021; F.S.; revising the definition of the term
 4115         “national party”; revising requirements for a minor
 4116         political party to have candidates for President and
 4117         Vice President placed on the general election ballot;
 4118         creating s. 103.095, F.S.; providing a procedure for
 4119         the registration of a minor political party; requiring
 4120         the Division of Elections to adopt rules to prescribe
 4121         the manner in which political parties may have their
 4122         filings canceled; amending s. 103.101, F.S.; creating
 4123         a Presidential Preference Primary Date Selection
 4124         Committee; providing membership; requiring for the
 4125         committee to meet by a date certain and to set a date
 4126         for the presidential preference primary; amending s.
 4127         103.141, F.S.; deleting language providing for the
 4128         removal of certain county executive committee members
 4129         pursuant to a separate provision of law; amending s.
 4130         104.29, F.S.; clarifying when it is an offense for an
 4131         inspector or other election official to deny a person
 4132         the opportunity to observe whether ballots are being
 4133         correctly reconciled; amending s. 106.011, F.S.;
 4134         revising the definitions of “candidate”,
 4135         “contribution,” and “expenditure” to exclude funds
 4136         received or spent for certain potential candidate
 4137         polls; clarifying and conforming the definition of
 4138         “independent expenditure” to the candidate’s specific
 4139         qualifying period; clarifying the qualifying period
 4140         for the candidate; correcting a cross-reference;
 4141         creating s. 106.012, F.S.; providing that funds spent
 4142         or received are not contributions or expenditures if
 4143         used solely for determining candidate viability;
 4144         providing examples of permissible activities;
 4145         providing for retention of records; providing that
 4146         funds become contributions and expenditures upon the
 4147         candidacy of a person; requiring reporting of funds
 4148         regardless of date received or spent; providing
 4149         examples of ineligible activities for fund use;
 4150         delineating activities indicating intention to become
 4151         a candidate; limiting the amount of funds that may be
 4152         received; amending s. 106.021, F.S.; deleting a
 4153         requirement that certain information be included in
 4154         campaign reports for reimbursement; amending s.
 4155         106.022, F.S.; requiring a political committee,
 4156         committee of continuous existence, or electioneering
 4157         communications organization to file a statement of
 4158         appointment with the filing officer rather than with
 4159         the division; authorizing an entity to change its
 4160         appointment of registered agent or registered office
 4161         by filing a written statement with the filing officer;
 4162         requiring a registered agent who resigns to execute a
 4163         written statement of resignation and file it with the
 4164         filing officer; amending s. 106.023, F.S.; revising
 4165         the form of the statement of a candidate to require a
 4166         candidate to acknowledge that he or she has been
 4167         provided access to and understands the requirements of
 4168         ch. 106, F.S.; amending s. 106.025, F.S.; exempting
 4169         tickets or advertising for a campaign fundraiser from
 4170         requirements of s. 106.143, F.S.; amending s. 106.03,
 4171         F.S.; providing when a political committee must file a
 4172         statement of organization; providing when a group must
 4173         register as an electioneering communications
 4174         organization; amending s. 106.04, F.S.; requiring a
 4175         committee of continuous existence that makes a
 4176         contribution or expenditure in connection with certain
 4177         county or municipal elections to file specified
 4178         reports; subjecting a committee of continuous
 4179         existence that fails to file a report or to timely
 4180         file a report with the division or a county or
 4181         municipal filing officer to a fine; requiring a
 4182         committee of continuous existence to include
 4183         transaction information from credit card purchases in
 4184         a report filed with the division; requiring a
 4185         committee of continuous existence to report changes in
 4186         information previously reported to the division within
 4187         10 days after the change; requiring the division to
 4188         revoke the certification of a committee of continuous
 4189         existence under certain circumstances; requiring the
 4190         division to adopt rules to prescribe the manner in
 4191         which the certification is revoked; increasing the
 4192         amount of a fine to be levied on a committee of
 4193         continuous existence that fails to timely file certain
 4194         reports; providing for the deposit of the proceeds of
 4195         the fines; including the registered agent of a
 4196         committee of continuous existence as an alternate
 4197         person whom the filing officer shall notify that a
 4198         report has not been filed; providing criteria for
 4199         deeming delivery of a notice of fine complete;
 4200         requiring a committee of continuous existence that
 4201         appeals a fine to file a copy of the appeal with the
 4202         commission; amending s. 106.07, F.S.; correcting a
 4203         cross-reference; revising the dates that certain
 4204         contribution and expenditure reports must be filed;
 4205         revising reporting requirements for a statewide
 4206         candidate who receives funding under the Florida
 4207         Election Campaign Financing Act and candidates in a
 4208         race with a candidate who has requested funding under
 4209         that act; deleting a requirement for a committee of
 4210         continuous existence to file a campaign treasurer’s
 4211         report relating to contributions or expenditures to
 4212         influence the results of a special election; revising
 4213         the methods by which a campaign treasurer may be
 4214         notified of the determination that a report is
 4215         incomplete to include certified mail and other methods
 4216         using a common carrier that provides proof of delivery
 4217         of the notice; extending the time the campaign
 4218         treasurer has to file an addendum to the report after
 4219         receipt of notice of why the report is incomplete;
 4220         providing criteria for deeming delivery complete of a
 4221         notice of incomplete report; deleting a provision
 4222         allowing for notification by telephone of an
 4223         incomplete report; requiring political committees that
 4224         make a contribution or expenditure in connection with
 4225         certain county or municipal elections to file campaign
 4226         finance reports with the county or municipal filing
 4227         officer and to include its contributions and
 4228         expenditures in a report to the division; revising the
 4229         information that must be included in a report to
 4230         include transaction information for credit card
 4231         purchases; deleting a requirement that a campaign
 4232         depository to return checks drawn on the account to
 4233         the campaign treasurer; specifying the amount of a
 4234         fine for the failure to timely file reports after a
 4235         special primary election or special election;
 4236         specifying that the registered agent of a political
 4237         committee is a person whom a filing officer may notify
 4238         of the amount of the fine for filing a late report;
 4239         providing criteria for deeming delivery of a notice of
 4240         late report and resulting fine complete; amending s.
 4241         106.0703, F.S.; correcting a cross-reference; deleting
 4242         a requirement for an electioneering communications
 4243         organization to provide certain information to the
 4244         department on activities occurring since the last
 4245         general election; amending s. 106.0705, F.S.;
 4246         requiring certain individuals to electronically file
 4247         certain reports with the division; conforming a cross
 4248         reference to changes made by the act; deleting an
 4249         obsolete provision; amending s. 106.071, F.S.;
 4250         conforming provisions relating to expenditures in the
 4251         aggregate; clarifying the independent expenditure
 4252         disclaimer for paid political advertisement by an
 4253         individual; amending s. 106.08, F.S.; deleting a
 4254         requirement for the department to notify candidates as
 4255         to whether an independent or minor party candidate has
 4256         obtained the required number of petition signatures;
 4257         deleting a requirement for certain unopposed
 4258         candidates to return contributions; specifying the
 4259         entities with which a political party’s state
 4260         executive committee, an affiliated party committee,
 4261         and county executive committees must file a written
 4262         acceptance of an in-kind contribution; amending s.
 4263         106.09, F.S.; specifying that the limitations on
 4264         contributions by cash or cashier’s check apply to the
 4265         aggregate amount of contributions to a candidate or
 4266         committee per election; clarifying that a violation of
 4267         a certain subsection, and not a section, of the law is
 4268         a misdemeanor of the first degree; amending s. 106.11,
 4269         F.S.; revising the statement that must be contained on
 4270         checks from a campaign account; deleting requirements
 4271         relating to the use of debit cards; authorizing a
 4272         campaign for a candidate to reimburse the candidate’s
 4273         loan to the campaign when the campaign account has
 4274         sufficient funds; amending s. 106.141, F.S.; removing
 4275         certain limitations on expenditure of surplus funds;
 4276         requiring candidates receiving public financing to
 4277         return all surplus funds to the General Revenue Fund
 4278         after paying certain monetary obligations and
 4279         expenses; amending s. 106.143, F.S.; revising
 4280         disclosure requirements for certain political
 4281         advertisements; specifying disclosure statements that
 4282         must be included in political advertisements paid for
 4283         by a write-in candidate; specifying disclosure
 4284         requirements for political advertisements paid for by
 4285         in-kind contributions; prohibiting the inclusion of a
 4286         person’s political affiliation in advertisements for a
 4287         nonpartisan office; clarifying the type of political
 4288         advertisements that must be approved in advance by a
 4289         candidate; deleting a duplicative exemption from the
 4290         requirement to obtain a candidate’s approval for
 4291         messages designed to be worn; providing that political
 4292         advertisements paid for by a political party or an
 4293         affiliated party committee may use certain registered
 4294         names and abbreviations; clarifying that a political
 4295         advertisement that is paid for by a candidate and
 4296         complies with statutory disclosure requirements is not
 4297         required to additionally state that it is approved by
 4298         the candidate; amending s. 106.15, F.S.; prohibiting
 4299         the making, soliciting, or accepting of any political
 4300         contribution in a government-occupied room or building
 4301         space; defining “government-occupied room or building
 4302         space”; providing an exception; amending s. 106.17,
 4303         F.S.; authorizing state and county executive
 4304         committees and affiliated party committees to conduct
 4305         political polls to determine viability of potential
 4306         candidates; allowing sharing of results; providing
 4307         that such expenditures are not contributions to the
 4308         potential candidates; amending s. 106.19, F.S.;
 4309         providing that a candidate’s failure to comply with
 4310         ch. 106, F.S., has no effect on whether the candidate
 4311         has qualified for office; amending s. 106.25, F.S.,
 4312         relating to reports of alleged violations to Florida
 4313         Elections Commission; providing a deadline for the
 4314         filing of a response by a respondent; prohibiting the
 4315         commission from defining willfulness by rule, or
 4316         further defining the term as provided in ch. 106 or
 4317         ch. 104, F.S.; providing for entering into a consent
 4318         order under certain circumstances; allowing a
 4319         respondent who is alleged by the commission to have
 4320         violated the election code or campaign financing laws
 4321         to elect as a matter of right a formal hearing before
 4322         the Division of Administrative Hearings; authorizing
 4323         an administrative law judge to assess civil penalties
 4324         upon the finding of a violation; amending s. 106.26,
 4325         F.S.; authorizing the commission to file a complaint
 4326         in the circuit court where the witness resides;
 4327         amending s. 106.265, F.S.; authorizing an
 4328         administrative law judge to assess a civil penalty
 4329         upon a finding of a violation of the election code or
 4330         campaign financing laws; providing for civil penalties
 4331         to be assessed against an electioneering
 4332         communications organization; removing reference to the
 4333         expired Election Campaign Financing Trust Fund;
 4334         directing that moneys from penalties and fines be
 4335         deposited into the General Revenue Fund; amending s.
 4336         106.29, F.S.; requiring specified committees that make
 4337         contributions or expenditures to influence the results
 4338         of a special election or special primary election to
 4339         file campaign treasurer’s reports by certain dates;
 4340         providing for applicable campaign finance reporting
 4341         dates, to conform; deleting a requirement that each
 4342         state executive committee file the original and one
 4343         copy of its reports with the division; revising
 4344         provisions relating to penalties for late filing, to
 4345         conform and to provide requirements for sufficiency of
 4346         notice; amending s. 106.35, F.S.; deleting a
 4347         requirement that the division adopt rules relating to
 4348         the format and filing of certain printed campaign
 4349         treasurer’s reports under the Florida Election
 4350         Campaign Financing Act; amending s. 106.355, F.S.;
 4351         eliminating the duty of the department to provide
 4352         funds from the Election Campaign Financing Trust Fund
 4353         when certain expenditure limits are exceeded; amending
 4354         s. 11.045, F.S.; excluding funds received or spent
 4355         under s. 106.012, F.S., from the definition of
 4356         “expenditure”; amending s. 112.312, F.S.; excluding
 4357         funds received or spent under s. 106.012, F.S., or
 4358         contributions or expenditures reported pursuant to
 4359         federal election law from the definition of “gift”;
 4360         amending s. 112.3215, F.S.; excluding funds received
 4361         or spent under s. 106.012, F.S., or contributions or
 4362         expenditures reported pursuant to federal election law
 4363         from the definition of “expenditure”; amending s.
 4364         876.05, F.S.; deleting the requirement that candidates
 4365         for public office take a public employee oath;
 4366         amending s. 100.101, F.S.; to conform to changes made
 4367         by the act; repealing s. 103.161, F.S., relating to
 4368         the removal or suspension of officers or members of
 4369         state executive committees or county executive
 4370         committees; repealing s. 876.07, F.S., relating to the
 4371         requirement that a candidate take a public employee
 4372         oath as a prerequisite to qualifying for public
 4373         office, to conform; amending s. 101.161, F.S.;
 4374         revising terminology; transferring to a new subsection
 4375         requirements applicable to joint resolutions;
 4376         providing that a joint resolution may include a ballot
 4377         summary and alternate ballot summaries; providing that
 4378         a joint resolution may include a ballot summary or
 4379         alternate ballot summaries, listed in order of
 4380         preference, describing the chief purpose of the
 4381         amendment or revision in clear and unambiguous
 4382         language; requiring a joint resolution to specify
 4383         placement on the ballot of a ballot title and either a
 4384         ballot summary embodied in the joint resolution or the
 4385         full text of the proposed amendment or revision;
 4386         requiring placement on the ballot of the ballot title
 4387         and ballot summary, or the ballot title and the full
 4388         text of the proposed amendment or revision, as
 4389         specified by a joint resolution; requiring placement
 4390         on the ballot of the full text of an amendment or
 4391         revision if the court determines that each ballot
 4392         summary embodied in a joint resolution is defective
 4393         unless the Secretary of State certifies to the court
 4394         that placement of the full text on the ballot is
 4395         incompatible with voting systems that must be utilized
 4396         during the election at which the proposed amendment
 4397         will be presented to voters and that no other
 4398         available accommodation will enable persons with
 4399         disabilities to vote on the proposed amendment or
 4400         revision; requiring the Attorney General to revise a
 4401         ballot summary under certain circumstances; requiring
 4402         the court to retain jurisdiction over challenges to
 4403         any revised ballot summary submitted by the Attorney
 4404         General; requiring challenges to revised ballot
 4405         summaries to be filed within 10 days after the revised
 4406         ballot summary is submitted to the court by the
 4407         Attorney General; creating a presumption that the full
 4408         text of an amendment or revision must be considered a
 4409         clear and unambiguous statement of the substance and
 4410         effect of an amendment or revision proposed by joint
 4411         resolution and sufficient notice to electors under
 4412         certain circumstances; establishing rules of
 4413         construction for construing proposed ballot titles,
 4414         ballot summaries, or the full text of proposed
 4415         amendments or revisions; requiring legal challenges to
 4416         ballot language to be filed within certain time
 4417         periods; requiring complaints or petitions challenging
 4418         ballot language to assert all grounds for such
 4419         challenges; providing that any grounds not asserted
 4420         are waived; requiring the courts to describe with
 4421         specificity each deficiency in a ballot title,
 4422         summary, or full text of a proposed amendment or
 4423         revision; requiring the courts to accord actions
 4424         challenging ballot language specified by a joint
 4425         resolution priority over other pending cases and issue
 4426         orders as expeditiously as possible; providing
 4427         retroactive applicability to joint resolutions passed
 4428         during the 2011 regular session; providing effective
 4429         dates.