Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1325, 1st Eng.
       
       
       
       
       
       
                                Ì617698gÎ617698                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             05/05/2017 12:07 PM       .                                
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       Senator Mayfield moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 290 - 478
    4  and insert:
    5         Section 8. Subsection (3) of section 101.131, Florida
    6  Statutes, is amended to read:
    7         101.131 Watchers at polls.—
    8         (3) Any elected official, No candidate, or sheriff, deputy
    9  sheriff, police officer, or other law enforcement officer may
   10  not be designated as a poll watcher.
   11         Section 9. Subsection (10) is added to section 101.151,
   12  Florida Statutes, to read:
   13         101.151 Specifications for ballots.—
   14         (10)With respect to any certified voting system that uses
   15  a voter interface device to designate the elector’s ballot
   16  selections on a printed sheet of paper, this section, s.
   17  101.161, and ss. 101.2512-101.254 that prescribe the ballot
   18  layout apply only to the display of candidates and issues on the
   19  voter interface device.
   20         Section 10. Subsection (2) of section 101.20, Florida
   21  Statutes, is amended to read:
   22         101.20 Publication of ballot form; sample ballots.—
   23         (2) Upon completion of the list of qualified candidates and
   24  before the day of an election, a sample ballot shall be
   25  published by the supervisor of elections in a newspaper of
   26  general circulation in the county unless the supervisor mails a
   27  sample ballot to each registered elector or to each household in
   28  which there is a registered elector at least 7 days, before the
   29  day of an election. A supervisor may send a sample ballot to
   30  each registered elector by e-mail at least 7 days before the day
   31  of an election if an e-mail address has been provided and the
   32  elector has opted to receive a sample ballot by electronic
   33  delivery. If an e-mail address has not been provided, or if the
   34  elector has not opted for electronic delivery, a sample ballot
   35  may be mailed to each registered elector or to each household in
   36  which there is a registered elector at least 7 days before an
   37  election.
   38         Section 11. Subsection (5) of section 101.5603, Florida
   39  Statutes, is amended to read:
   40         101.5603 Definitions relating to Electronic Voting Systems
   41  Act.—As used in this act, the term:
   42         (5) “Marking device” means any approved device for marking
   43  a ballot with ink or other substance, including through a voter
   44  interface device, which will enable the ballot to be tabulated
   45  by means of automatic tabulating equipment.
   46         Section 12. Subsection (1) of section 101.56075, Florida
   47  Statutes, is amended to read:
   48         101.56075 Voting methods.—
   49         (1) Except as provided in subsection (2), all voting shall
   50  be by marksense ballot using utilizing a marking device for the
   51  purpose of designating ballot selections.
   52         Section 13. Paragraph (a) of subsection (5) of section
   53  105.031, Florida Statutes, is amended to read:
   54         105.031 Qualification; filing fee; candidate’s oath; items
   55  required to be filed.—
   56         (5) ITEMS REQUIRED TO BE FILED.—
   57         (a) In order for a candidate for judicial office or the
   58  office of school board member to be qualified, the following
   59  items must be received by the filing officer by the end of the
   60  qualifying period:
   61         1. Except for candidates for retention to judicial office,
   62  a properly executed check or certified check drawn upon the
   63  candidate’s campaign account in an amount not less than the fee
   64  required by subsection (3) or, in lieu thereof, the copy of the
   65  notice of obtaining ballot position pursuant to s. 105.035. If a
   66  candidate’s check is returned by the bank for any reason, the
   67  filing officer shall immediately notify the candidate and the
   68  candidate shall, the end of qualifying notwithstanding, have 48
   69  hours from the time such notification is received, excluding
   70  Saturdays, Sundays, and legal holidays, to pay the fee with a
   71  cashier’s check purchased from funds of the campaign account.
   72  Failure to pay the fee as provided in this subparagraph shall
   73  disqualify the candidate.
   74         2. The candidate’s oath required by subsection (4), which
   75  must contain the name of the candidate as it is to appear on the
   76  ballot; the office sought, including the district or group
   77  number if applicable; and the signature of the candidate, duly
   78  acknowledged.
   79         3. The loyalty oath required by s. 876.05, signed by the
   80  candidate and duly acknowledged.
   81         4. The completed form for the appointment of campaign
   82  treasurer and designation of campaign depository, as required by
   83  s. 106.021. In addition, each candidate for judicial office,
   84  including an incumbent judge, shall file a statement with the
   85  qualifying officer, within 10 days after filing the appointment
   86  of campaign treasurer and designation of campaign depository,
   87  stating that the candidate has read and understands the
   88  requirements of the Florida Code of Judicial Conduct. Such
   89  statement shall be in substantially the following form:
   90  
   91  Statement of Candidate for Judicial Office
   92  
   93  I, ...(name of candidate)..., a judicial candidate, have
   94  received, read, and understand the requirements of the Florida
   95  Code of Judicial Conduct.
   96  ...(Signature of candidate)...
   97  ...(Date)...
   98  
   99         5. The full and public disclosure of financial interests
  100  required by s. 8, Art. II of the State Constitution or the
  101  statement of financial interests required by s. 112.3145,
  102  whichever is applicable. A public officer who has filed the full
  103  and public disclosure or statement of financial interests with
  104  the Commission on Ethics or the supervisor of elections prior to
  105  qualifying for office may file a copy of that disclosure at the
  106  time of qualifying.
  107         Section 14. Subsection (2) of section 121.121, Florida
  108  Statutes, is amended to read:
  109         121.121 Authorized leaves of absence.—
  110         (2) A member who is required to resign his or her office as
  111  a subordinate officer, deputy sheriff, or police officer because
  112  he or she is a candidate for a public office which is currently
  113  held by his or her superior officer who is also a candidate for
  114  reelection to the same office, in accordance with s. 99.012(5)
  115  99.012(4), shall, upon return to covered employment, be eligible
  116  to purchase retirement credit for the period between his or her
  117  date of resignation and the beginning of the term of office for
  118  which he or she was a candidate as a leave of absence without
  119  pay, as provided in subsection (1).
  120         Section 15. This act shall take effect July 1, 2017.
  121  
  122  ================= T I T L E  A M E N D M E N T ================
  123  And the title is amended as follows:
  124         Delete lines 25 - 52
  125  and insert:
  126         the polls except under certain circumstances; amending
  127         s. 101.131, F.S.; prohibiting an elected official from
  128         being designated as a poll watcher; amending s.
  129         101.151, F.S.; providing applicability of specified
  130         ballot requirements to a voter interface device;
  131         amending s. 101.20, F.S.; providing an exception to
  132         the requirement that a sample ballot be published by
  133         the supervisor of elections in a newspaper of general
  134         circulation in the county; amending ss. 101.5603 and
  135         101.56075, F.S.; conforming provisions to changes made
  136         by the act; amending s. 105.031, F.S.; providing an
  137         additional means by which certain nonpartisan
  138         candidates may pay their qualification fees; amending
  139         s. 121.121, F.S.; revising a cross-reference to
  140         conform to changes made by the act; providing an
  141         effective date.