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





                                                  SENATE AMENDMENT

    Bill No. SB 756, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Saunders moved the following amendment to amendment

12  (901935):

13

14         Senate Amendment (with title amendment) 

15         On page 11, line 9, through page 13, line 28, delete

16  those lines

17

18  and insert:

19         Section 5.  Section 105.051, Florida Statutes, is

20  amended to read:

21         105.051  Determination of election to office.--

22         (1)(a)  The name of an unopposed candidate for the

23  office of circuit judge, or county court judge or member of a

24  school board shall not appear on any ballot, and such

25  candidate shall be deemed to have voted for himself or herself

26  at the general election.

27         (b)  If two or more candidates, neither of whom is a

28  write-in candidate, qualify for such an office, the names of

29  those candidates shall be placed on the ballot at the first

30  primary election.  If any candidate for such office receives a

31  majority of the votes cast for such office in the first

                                  1
    9:19 AM   04/28/99                               s0756.ee25.0b




                                                  SENATE AMENDMENT

    Bill No. SB 756, 1st Eng.

    Amendment No.    





 1  primary election, the name of the candidate who receives such

 2  majority shall not appear on any other ballot unless a

 3  write-in candidate has qualified for such office.  An

 4  unopposed candidate shall be deemed to have voted for himself

 5  or herself at the general election.  If no candidate for such

 6  office receives a majority of the votes cast for such office

 7  in the first primary election, the names of the two candidates

 8  receiving the highest number of votes for such office shall be

 9  placed on the general election ballot.  If more than two

10  candidates receive an equal and highest number of votes, the

11  name of each candidate receiving an equal and highest number

12  of votes shall be placed on the general election ballot.  In

13  any contest in which there is a tie for second place and the

14  candidate placing first did not receive a majority of the

15  votes cast for such office, the name of the candidate placing

16  first and the name of each candidate tying for second shall be

17  placed on the general election ballot.

18         (c)  The candidate who receives the highest number of

19  votes cast for the office in the general election shall be

20  elected to such office.  If the vote at the general election

21  results in a tie, the outcome shall be determined by lot.

22         (2)  With respect to any justice of the Supreme Court

23  or judge of a district court of appeal who qualifies to run

24  for retention in office, the question prescribed in s.

25  105.041(2) shall be placed on the ballot at the general

26  election.  If a majority of the qualified electors voting on

27  such question within the territorial jurisdiction of the court

28  vote for retention, the justice or judge shall be retained for

29  a term of 6 years commencing on the first Tuesday after the

30  first Monday in January following the general election.  If

31  less than a majority of the qualified electors voting on such

                                  2
    9:19 AM   04/28/99                               s0756.ee25.0b




                                                  SENATE AMENDMENT

    Bill No. SB 756, 1st Eng.

    Amendment No.    





 1  question within the territorial jurisdiction of the court vote

 2  for retention, a vacancy shall exist in such office upon the

 3  expiration of the term being served by the justice or judge.

 4

 5

 6  ================ T I T L E   A M E N D M E N T ===============

 7  And the title is amended as follows:

 8         On page 24, line 30, through page 25, line 2, delete

 9

10  and insert:

11         determination of election to nonpartisan

12         office; amending s. 105.061, F.S.;

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3
    9:19 AM   04/28/99                               s0756.ee25.0b