Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for HB 7013
                                Barcode 672270                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 1p/RE/2R         .                                
             04/16/2013 06:11 PM       .                                

       Senator Diaz de la Portilla moved the following:
    1         Senate Amendment to Amendment (301346) (with title
    2  amendment)
    4         Delete lines 5 - 50
    5  and insert:
    6         Section 1. Subsection (17) 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         (17) When warranted, place a supervisor of elections in
   12  noncompliant status pursuant to s. 98.025.
   13         Section 2. Section 97.0555, Florida Statutes, is amended to
   14  read:
   15         97.0555 Late registration.—An individual or accompanying
   16  family member who has been discharged or separated from the
   17  uniformed services or the United States Merchant Marine, has
   18  returned from a combat zone or forward-deployed area, or has
   19  separated from employment outside the territorial limits of the
   20  United States, after the book-closing date for an election
   21  pursuant to s. 97.055 and who is otherwise qualified may
   22  register to vote in such election until 5 p.m. on the Friday
   23  before that election in the office of the supervisor of
   24  elections. Such persons must produce sufficient documentation
   25  showing evidence of qualifying for late registration pursuant to
   26  this section.
   27         Section 3. Subsection (3) of section 97.061, Florida
   28  Statutes, is amended to read:
   29         97.061 Special registration for electors requiring
   30  assistance.—
   31         (3) The precinct register generated by the supervisor shall
   32  contain a notation that such person is eligible for assistance
   33  in voting, and the supervisor may make a notation on the voter
   34  information card that such person is eligible for assistance in
   35  voting. Such person shall be entitled to receive the assistance
   36  of two election officials or some other person of his or her own
   37  choice, other than the person’s employer, an the agent of the
   38  person’s employer, or an officer or agent of the person’s union,
   39  without the necessity of executing the “Declaration to Secure
   40  Assistance” prescribed in s. 101.051, so long as the person is
   41  known to the elector before election day. Such person shall
   42  notify the supervisor of any change in his or her condition
   43  which makes it unnecessary for him or her to receive assistance
   44  in voting. An individual may not provide assistance to more than
   45  10 electors during any election.
   46         Section 4. Section 98.025, Florida Statutes, is created to
   47  read:
   48         98.025Supervisors of elections; noncompliant status.—
   49         (1) The Secretary of State may place a supervisor of
   50  elections in noncompliant status whenever that supervisor does
   51  not perform one or more of the following:
   52         (a) Timely file any report required by the Florida Election
   53  Code.
   54         (b) Ensure that ballots are distributed, collected,
   55  counted, and reported in accordance with applicable law.
   56         (c) Safeguard and account for voted ballots.
   57         (d) Follow any statute that imposes a duty or
   58  responsibility on a supervisor of elections.
   59         (e) Follow rules adopted by the Department of State
   60  concerning the implementation of any provision of the Florida
   61  Election Code.
   62         (2) The Secretary of State shall submit the written
   63  decision to place or remove a supervisor of elections in
   64  noncompliant status to the affected supervisor and provide a
   65  copy of the decision to the Governor and the chair of the board
   66  of county commissioners in the supervisor’s county.
   67         (3) While a supervisor of elections is in noncompliant
   68  status, the supervisor is not entitled to receive the special
   69  qualification salary available pursuant to s. 145.09. When
   70  removed from noncompliant status, if otherwise eligible to
   71  receive the special qualification salary, the supervisor is
   72  entitled to a pro rata share of the special qualification salary
   73  based on the remaining period of the year.
   74         (4) The Secretary of State may remove a supervisor from
   75  noncompliant status after 1 year of being placed in such status,
   76  provided that:
   77         (a) The supervisor has complied with any of the duties
   78  identified in subsection (1) while in a noncompliant status.
   79         (b) The supervisor has completed during each year while in
   80  noncompliant status a course of continuing education pursuant to
   81  s. 145.09 as prescribed by the Division of Elections; and
   82         (c) The supervisor has taken and received while in
   83  noncompliant status a grade of 90 percent or greater on a
   84  uniform statewide open-book examination testing the supervisor’s
   85  knowledge of the Florida Election Code. The Florida State
   86  Association of Supervisors of Elections shall annually develop
   87  the examination, but the examination shall be approved and
   88  administered by the Division of Elections.
   89         (5) If a supervisor has been in noncompliant status for 3
   90  consecutive years, the Secretary of State shall provide written
   91  notice of such event to the Governor for consideration of
   92  exercising the Governor’s authority to suspend the supervisor
   93  pursuant to s. 7, Art. IV of the State Constitution.
   94         (6) The decision of the Secretary of State to place a
   95  supervisor of elections in noncompliant status or remove a
   96  supervisor of elections from noncompliant status is exempt from
   97  the provisions of chapter 120.
   98         (7) This section is in addition to, and not exclusive of,
   99  the authority of the Governor to suspend and remove a supervisor
  100  of elections pursuant to s. 7, Art. IV of the State
  101  Constitution.
  103  ================= T I T L E  A M E N D M E N T ================
  104         And the title is amended as follows:
  105         Delete lines 1159 - 1168
  106  and insert:
  107         An act relating to elections; amending s. 97.012,
  108         F.S.; expanding the list of responsibilities of the
  109         Secretary of State when acting in his or her capacity
  110         as chief election officer; amending s. 97.0555, F.S.;
  111         revising qualifications for late voter registration;
  112         amending s. 97.061, F.S.; revising restrictions
  113         relating to electors requiring assistance; prohibiting
  114         an individual from providing assistance to more than
  115         10 electors during any election; creating s. 98.025,
  116         F.S.; authorizing the Secretary of State to place a
  117         supervisor of elections in noncompliant status under
  118         specified conditions; requiring the secretary to
  119         submit a written decision of placing or removing a
  120         supervisor in noncompliant status with specified
  121         persons; providing that a supervisor in noncompliant
  122         status is not entitled to receive the special
  123         qualification salary; providing requirements to remove
  124         a supervisor from noncompliant status; requiring the
  125         secretary to provide written notice to the Governor if
  126         a supervisor has been in noncompliant status for 3
  127         consecutive years;