Senate Bill 0756e2

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    SB 756                                        Second Engrossed



  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         230.10, F.S.; providing for the election of

  4         school board members in a nonpartisan election;

  5         amending s. 105.031, F.S.; providing

  6         requirements for qualifying for nonpartisan

  7         office; requiring a statement of judicial

  8         candidates relating to the Code of Judicial

  9         Conduct; amending s. 105.035, F.S.; providing

10         an alternative method of qualifying for

11         nonpartisan school board candidates;

12         eliminating the requirement for an undue burden

13         oath; amending s. 105.041, F.S.; revising

14         ballot requirements for nonpartisan candidates;

15         amending s. 105.051, F.S., relating to

16         determination of election to nonpartisan

17         office; amending s. 105.061, F.S.; specifying

18         the electors who are eligible to vote for

19         nonpartisan school board candidates; amending

20         s. 105.071, F.S., relating to limitations on

21         political activity by candidates for judicial

22         office; revising penalties; amending s. 105.08,

23         F.S.; providing for reporting of contributions

24         and expenditures for nonpartisan school board

25         candidates; amending ss. 99.061, 101.141,

26         101.151, 101.251, 230.061, and 230.105, F.S.,

27         to conform; repealing s. 230.08, F.S., relating

28         to nomination of candidates for the office of

29         school board member; amending s. 228.053, F.S.;

30         correcting a cross-reference; providing an

31         effective date.


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    SB 756                                        Second Engrossed



  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Section 230.10, Florida Statutes, is

  4  amended to read:

  5         230.10  Election of board by districtwide

  6  vote.--Notwithstanding any provision of local law or any

  7  county charter, the election of members of the school board

  8  shall be by vote of the qualified electors of the entire

  9  district in a nonpartisan election as provided in chapter 105.

10  Each candidate for school board member shall, at the time she

11  or he qualifies, be a resident of the school board member

12  residence area from which the candidate seeks election. Each

13  candidate who qualifies to have her or his name placed on the

14  ballot of the general election shall be listed according to

15  the school board member residence area in which she or he

16  resides.  Each qualified elector of the district shall be

17  entitled to vote for one candidate from each school board

18  member residence area.  The candidate from each school board

19  member residence area who receives the highest number of votes

20  in the general election shall be elected to the school board.

21         Section 2.  Section 105.031, Florida Statutes, is

22  amended to read:

23         105.031  Qualification; filing fee; candidate's oath;

24  items required to be filed.--

25         (1)  TIME OF QUALIFYING.--Except for candidates for

26  judicial office, nonpartisan candidates for multicounty office

27  shall qualify with the Division of Elections of the Department

28  of State and nonpartisan candidates for countywide or less

29  than countywide office shall qualify with the supervisor of

30  elections. Candidates for judicial office other than the

31  office of county court judge shall qualify with the Division


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    SB 756                                        Second Engrossed



  1  of Elections of the Department of State, and candidates for

  2  the office of county court judge shall qualify with the

  3  supervisor of elections of the county.,  Candidates shall

  4  qualify no earlier than noon of the 50th day, and no later

  5  than noon of the 46th day, before the first primary election.

  6  Filing shall be on forms provided for that purpose by the

  7  Division of Elections and furnished by the appropriate

  8  qualifying officer.  Any person seeking to qualify as a

  9  candidate for circuit judge or county court judge by the

10  alternative method, as set forth in s. 105.035, if the person

11  has submitted the necessary petitions by the required deadline

12  and is notified after the fifth day prior to the last day for

13  qualifying that the required number of signatures has been

14  obtained, shall be entitled to subscribe to the candidate's

15  oath and file the qualifying papers at any time within 5 days

16  from the date he or she is notified that the necessary number

17  of signatures has been obtained.  Any person other than a

18  write-in candidate who qualifies within the time prescribed in

19  this subsection shall be entitled to have his or her name

20  printed on the ballot.

21         (2)  FILING IN GROUPS OR DISTRICTS.--Candidates shall

22  qualify in groups or districts where multiple judicial offices

23  are to be filled.

24         (3)  QUALIFYING FEE.--Each candidate qualifying for

25  election to a judicial office or the office of school board

26  member, except write-in judicial candidates, shall, during the

27  time for qualifying, pay to the officer with whom he or she

28  qualifies a qualifying fee, which shall consist of a filing

29  fee and an election assessment, or qualify by the alternative

30  method.  The amount of the filing fee is 3 percent of the

31  annual salary of the office sought. The amount of the election


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    SB 756                                        Second Engrossed



  1  assessment is 1 percent of the annual salary of the office

  2  sought.  The Department of State qualifying officer shall

  3  forward all filing fees to the Department of Revenue for

  4  deposit in the Elections Commission Trust General Revenue

  5  Fund.  The supervisor of elections shall forward all filing

  6  fees to the Elections Commission Trust Fund.  The election

  7  assessment shall be deposited into the Elections Commission

  8  Trust Fund.  The annual salary of the office for purposes of

  9  computing the qualifying fee shall be computed by multiplying

10  12 times the monthly salary authorized for such office as of

11  July 1 immediately preceding the first day of qualifying.

12  This subsection shall not apply to candidates qualifying for

13  retention to judicial office.

14         (4)  CANDIDATE'S OATH.--

15         (a)  All candidates for the office of school board

16  member shall subscribe to the oath as prescribed in s. 99.021.

17         (b)  All candidates for judicial office shall subscribe

18  to an oath or affirmation in writing to be filed with the

19  appropriate qualifying officer upon qualifying.  A printed

20  copy of the oath or affirmation shall be furnished to the

21  candidate by the qualifying officer and shall be in

22  substantially the following form:

23

24  State of Florida

25  County of ....

26         Before me, an officer authorized to administer oaths,

27  personally appeared ...(please print name as you wish it to

28  appear on the ballot)..., to me well known, who, being sworn,

29  says he or she:  is a candidate for the judicial office of

30  ....; that his or her legal residence is .... County, Florida;

31  that he or she is a qualified elector of the state and of the


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    SB 756                                        Second Engrossed



  1  territorial jurisdiction of the court to which he or she seeks

  2  election; that he or she is qualified under the constitution

  3  and laws of Florida to hold the judicial office to which he or

  4  she desires to be elected or in which he or she desires to be

  5  retained; that he or she has taken the oath required by ss.

  6  876.05-876.10, Florida Statutes; that he or she has qualified

  7  for no other public office in the state, the term of which

  8  office or any part thereof runs concurrent to the office he or

  9  she seeks; and that he or she has resigned from any office

10  which he or she is required to resign pursuant to s. 99.012,

11  Florida Statutes.

12                                  ...(Signature of candidate)...

13                                                 ...(Address)...

14

15  Sworn to and subscribed before me this .... day of ....,

16  19...., at .... County, Florida.

17       ...(Signature and title of officer administering oath)...

18         (5)  ITEMS REQUIRED TO BE FILED.--

19         (a)  In order for a candidate for judicial office or

20  the office of school board member to be qualified, the

21  following items must be received by the filing officer by the

22  end of the qualifying period:

23         1.  Except for candidates for retention to judicial

24  office For each candidate qualifying for the office of circuit

25  judge or county court judge, a properly executed check drawn

26  upon the candidate's campaign account in an amount not less

27  than the fee required by subsection (3) or, in lieu thereof,

28  the copy of the notice of obtaining ballot position pursuant

29  to s. 105.035.  If a candidate's check is returned by the bank

30  for any reason, the filing officer shall immediately notify

31  the candidate and the candidate shall, the end of qualifying


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    SB 756                                        Second Engrossed



  1  notwithstanding, have 48 hours from the time such notification

  2  is received, excluding Saturdays, Sundays, and legal holidays,

  3  to pay the fee with a cashier's check purchased from funds of

  4  the campaign account.  Failure to pay the fee as provided in

  5  this subparagraph shall disqualify the candidate.

  6         2.  The candidate's oath required by subsection (4),

  7  which must contain the name of the candidate as it is to

  8  appear on the ballot; the office sought, including the

  9  district or group number if applicable; and the signature of

10  the candidate, duly acknowledged.

11         3.  The loyalty oath required by s. 876.05, signed by

12  the candidate and duly acknowledged.

13         4.  The completed form for the appointment of campaign

14  treasurer and designation of campaign depository, as required

15  by s. 106.021. In addition, each candidate for judicial

16  office, including an incumbent judge, shall file a statement

17  with the qualifying officer, within 10 days after filing the

18  appointment of campaign treasurer and designation of campaign

19  depository, stating that the candidate has read and

20  understands the requirements of the Florida Code of Judicial

21  Conduct. Such statement shall be in substantially the

22  following form:

23

24            Statement of Candidate for Judicial Office

25

26  I, ...(name of candidate)..., a judicial candidate, have

27  received, read, and understand the requirements of the Florida

28  Code of Judicial Conduct.

29                                  ...(Signature of candidate)...

30                                                    ...(Date)...

31


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    SB 756                                        Second Engrossed



  1         5.  The full and public disclosure of financial

  2  interests required by s. 8, Art. II of the State Constitution

  3  or the statement of financial interests required by s.

  4  112.3145, whichever is applicable.

  5         (b)  If the filing officer receives qualifying papers

  6  that do not include all items as required by paragraph (a)

  7  prior to the last day of qualifying, the filing officer shall

  8  make a reasonable effort to notify the candidate of the

  9  missing or incomplete items and shall inform the candidate

10  that all required items must be received by the close of

11  qualifying.  A candidate's name as it is to appear on the

12  ballot may not be changed after the end of qualifying.

13         Section 3.  Section 105.035, Florida Statutes, is

14  amended to read:

15         105.035  Alternative method of qualifying for certain

16  judicial offices and the office of school board member.--

17         (1)  A person seeking to qualify for election to the

18  office of circuit judge or county court judge or the office of

19  school board member who is unable to pay the qualifying fee

20  without imposing an undue burden on his or her personal

21  resources or on resources otherwise available to him or her

22  may qualify for election to such office by means of the

23  petitioning process prescribed in this section.  A person

24  qualifying by this alternative method shall not be required to

25  pay the qualifying fee required by this chapter.  A person

26  using this petitioning process shall file an oath with the

27  officer before whom the candidate would qualify for the office

28  stating that he or she intends to qualify by this alternative

29  method for the office sought and stating that he or she is

30  unable to pay the qualifying fee for the office without

31  imposing an undue burden on his or her resources or on


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    SB 756                                        Second Engrossed



  1  resources otherwise available to him or her.  Such oath shall

  2  be filed at any time after the first Tuesday after the first

  3  Monday in January of the year in which the election is held,

  4  but prior to the 21st day preceding the first day of the

  5  qualifying period for the office sought. The form of such oath

  6  shall be prescribed by the Division of Elections.  No

  7  signatures shall be obtained until the person has filed the

  8  oath prescribed in this subsection.

  9         (2)  Upon receipt of a written oath from a candidate,

10  the qualifying officer shall provide the candidate with a

11  petition format forms in sufficient numbers to facilitate the

12  gathering of signatures pursuant to this section.  No

13  signature shall be counted toward the number of signatures

14  required unless it is on a petition form prescribed pursuant

15  to this subsection.  Such forms shall be prescribed by the

16  Division of Elections to be used by the candidate to reproduce

17  petitions for circulation.  If the candidate is running for an

18  office which will be grouped on the ballot with two or more

19  similar offices to be filled at the same election, the

20  candidate's petition must indicate, prior to the obtaining of

21  registered electors' signatures, for which group or district

22  office the candidate is running.

23         (3)  Each A candidate for election to a judicial office

24  or the office of school board member the office of circuit

25  judge shall obtain the signature of a number of qualified

26  electors equal to at least 3 percent of the total number of

27  registered electors of the district, circuit, county, or other

28  geographic entity represented by the office sought judicial

29  circuit as shown by the compilation by the Department of State

30  for the last preceding general election.  A candidate for the

31  office of county court judge shall obtain the signatures of a


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    SB 756                                        Second Engrossed



  1  number of qualified electors equal to at least 3 percent of

  2  the total number of registered electors of the county, as

  3  shown by the compilation by the Department of State for the

  4  last preceding general election.  A separate petition shall be

  5  circulated for each candidate availing himself or herself of

  6  the provisions of this section.

  7         (4)(a)  Each candidate seeking to qualify for election

  8  to the office of circuit judge or the office of school board

  9  member from a multicounty school district pursuant to this

10  section shall file a separate petition from each county from

11  which signatures are sought.  Each petition shall be

12  submitted, prior to noon of the 21st day preceding the first

13  day of the qualifying period for the office sought, to the

14  supervisor of elections of the county for which such petition

15  was circulated.  Each supervisor of elections to whom a

16  petition is submitted shall check the signatures on the

17  petition to verify their status as electors of that county and

18  of the geographic area represented by the office sought within

19  the judicial circuit. Prior to the first date for qualifying,

20  the supervisor shall certify the number shown as registered

21  electors of that county within the circuit and submit such

22  certification to the Division of Elections.  The division

23  shall determine whether the required number of signatures has

24  been obtained for the name of the candidate to be placed on

25  the ballot and shall notify the candidate.  If the required

26  number of signatures has been obtained, the candidate shall,

27  during the time prescribed for qualifying for office, submit a

28  copy of such notice and file his or her qualifying papers and

29  oath prescribed in s. 105.031 with the Division of Elections.

30  Upon receipt of the copy of such notice and qualifying papers,

31  the division shall certify the name of the candidate to the


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    SB 756                                        Second Engrossed



  1  appropriate supervisor or supervisors of elections as having

  2  qualified for the office sought.

  3         (b)  Each candidate seeking to qualify for election to

  4  the office of county court judge or the office of school board

  5  member from a single county school district pursuant to this

  6  section shall submit his or her petition, prior to noon of the

  7  21st day preceding the first day of the qualifying period for

  8  the office sought, to the supervisor of elections of the

  9  county for which such petition was circulated. The supervisor

10  shall check the signatures on the petition to verify their

11  status as electors of the county and of the geographic area

12  represented by the office sought.  Prior to the first date for

13  qualifying, the supervisor shall determine whether the

14  required number of signatures has been obtained for the name

15  of the candidate to be placed on the ballot and shall notify

16  the candidate.  If the required number of signatures has been

17  obtained, the candidate shall, during the time prescribed for

18  qualifying for office, submit a copy of such notice and file

19  his or her qualifying papers and oath prescribed in s. 105.031

20  with the qualifying officer supervisor of elections.  Upon

21  receipt of the copy of such notice and qualifying papers by

22  the supervisor of elections, such candidate shall be entitled

23  to have his or her name printed on the ballot.

24         Section 4.  Section 105.041, Florida Statutes, is

25  amended to read:

26         105.041  Form of ballot.--

27         (1)  BALLOTS.--The names of candidates for judicial

28  office and candidates for the office of school board member

29  which appear on the ballot at the first primary election shall

30  either be grouped together on a separate portion of the ballot

31  or on a separate ballot.  The names of candidates for judicial


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    SB 756                                        Second Engrossed



  1  office and candidates for the office of school board member

  2  which appear on the ballot at the general election and the

  3  names of justices and judges seeking retention to office shall

  4  be grouped together on a separate portion of the general

  5  election ballot.

  6         (2)  LISTING OF CANDIDATES.--The order of nonpartisan

  7  offices appearing on the ballot shall be determined by the

  8  Department of State. The names of all candidates for each

  9  nonpartisan the office of circuit judge or the office of

10  county court judge shall be listed in alphabetical order.

11  With respect to justices and judges of district courts of

12  appeal, the question "Shall Justice (or Judge) (name of

13  justice or judge) of the (name of the court) be retained in

14  office?" shall appear on the ballot and thereafter the words

15  "Yes" and "No."

16         (3)  REFERENCE TO PARTY AFFILIATION PROHIBITED.--No

17  reference to political party affiliation shall appear on any

18  ballot with respect to any nonpartisan judicial office or

19  candidate.

20         (4)  WRITE-IN CANDIDATES.--Space shall be made

21  available on the general election ballot for an elector to

22  write in the name of a write-in candidate for judge of a

23  circuit court or county court or member of a school board if a

24  candidate has qualified as a write-in candidate for such

25  office pursuant to s. 105.031. This subsection shall not apply

26  to the offices of justices and judges seeking retention.

27         Section 5.  Section 105.051, Florida Statutes, is

28  amended to read:

29         105.051  Determination of election to office.--

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

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


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    SB 756                                        Second Engrossed



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

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

  3  at the general election.

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

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

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

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

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

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

10  majority shall not appear on any other ballot unless a

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

12  unopposed candidate shall be deemed to have voted for himself

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

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

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

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

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

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

19  name of each candidate receiving an equal and highest number

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

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

22  candidate placing first did not receive a majority of the

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

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

25  placed on the general election ballot.

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

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

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

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

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

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


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    SB 756                                        Second Engrossed



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

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

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

  4  such question within the territorial jurisdiction of the court

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

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

  7  first Monday in January following the general election.  If

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

  9  question within the territorial jurisdiction of the court vote

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

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

12         Section 6.  Section 105.061, Florida Statutes, is

13  amended to read:

14         105.061  Electors qualified to vote.--

15         (1)  Each qualified elector of the territorial

16  jurisdiction of a court shall be eligible to vote for a

17  candidate for each judicial office of such court or, in the

18  case of a justice of the Supreme Court or a judge of a

19  district court of appeal, for or against retention of such

20  justice or judge.

21         (2)  The election of members of a school board shall be

22  by vote of the qualified electors as prescribed in chapter

23  230.

24         Section 7.  Section 105.071, Florida Statutes, is

25  amended to read:

26         105.071  Candidates for judicial office; limitations on

27  political activity.--A candidate for judicial office shall

28  not:

29         (1)  Participate in any partisan political party

30  activities, except that such candidate may register to vote as

31  a member of any political party and may vote in any party


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    SB 756                                        Second Engrossed



  1  primary for candidates for nomination of the party in which

  2  she or he is registered to vote.

  3         (2)  Campaign as a member of any political party.

  4         (3)  Publicly represent or advertise herself or himself

  5  as a member of any political party.

  6         (4)  Endorse any candidate.

  7         (5)  Make political speeches other than in the

  8  candidate's own behalf.

  9         (6)  Make contributions to political party funds.

10         (7)  Accept contributions from any political party.

11         (8)  Solicit contributions for any political party.

12         (9)  Accept or retain a place on any political party

13  committee.

14         (10)  Make any contribution to any person, group, or

15  organization for its endorsement to judicial office.

16         (11)  Agree to pay all or any part of any advertisement

17  sponsored by any person, group, or organization wherein the

18  candidate may be endorsed for judicial office by any such

19  person, group, or organization.

20

21  A candidate for judicial office or retention therein who

22  violates the provisions of this section is liable for a civil

23  fine of up to $1,000 to be determined by the Florida Elections

24  Commission guilty of a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         Section 8.  Section 105.08, Florida Statutes, is

27  amended to read:

28         105.08  Campaign contribution and expense; reporting.--

29         (1)  A candidate for judicial office or the office of

30  school board member may accept contributions and may incur

31  only such expenses as are authorized by law.  Each such


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    SB 756                                        Second Engrossed



  1  candidate shall keep an accurate record of his or her

  2  contributions and expenses, and shall file reports pursuant to

  3  chapter 106 thereof on the same basis as is required of a

  4  candidate for a nonjudicial state office.

  5         (2)  Notwithstanding any other provision of this

  6  chapter or chapter 106, a candidate for retention as a justice

  7  of the Supreme Court or a judge of a district court of appeal

  8  who has not received any contribution or made any expenditure

  9  may file a sworn statement at the time of qualifying that he

10  or she does not anticipate receiving contributions or making

11  expenditures in connection with the candidacy for retention to

12  office.  Such candidate shall file a final report pursuant to

13  s. 106.141, within 90 days following the general election for

14  which the candidate's name appeared on the ballot for

15  retention. Any such candidate for retention to judicial office

16  who, after filing a statement pursuant to this subsection,

17  receives any contribution or makes any expenditure in

18  connection with the candidacy for retention shall immediately

19  file a statement to that effect with the qualifying officer

20  and shall begin filing reports as an opposed candidate

21  pursuant to s. 106.07.

22         Section 9.  Subsection (1) of section 99.061, Florida

23  Statutes, is amended to read:

24         99.061  Method of qualifying for nomination or election

25  to federal, state, county, or district office.--

26         (1)  The provisions of any special act to the contrary

27  notwithstanding, each person seeking to qualify for nomination

28  or election to a federal, state, or multicounty district

29  office, other than election to a judicial office as defined in

30  chapter 105 or the office of school board member, shall file

31  his or her qualification papers with, and pay the qualifying


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    SB 756                                        Second Engrossed



  1  fee, which shall consist of the filing fee and election

  2  assessment, and party assessment, if any has been levied, to,

  3  the Department of State, or qualify by the alternative method

  4  with the Department of State, at any time after noon of the

  5  1st day for qualifying, which shall be as follows:  the 120th

  6  day prior to the first primary, but not later than noon of the

  7  116th day prior to the date of the first primary, for persons

  8  seeking to qualify for nomination or election to federal

  9  office; and noon of the 50th day prior to the first primary,

10  but not later than noon of the 46th day prior to the date of

11  the first primary, for persons seeking to qualify for

12  nomination or election to a state or multicounty district

13  office.  However, the qualifying fee, if any, paid by an

14  independent candidate or a minor party candidate shall be

15  refunded to such candidate by the qualifying officer within 10

16  days from the date that the determination is made that such

17  candidate or minor party failed to obtain the required number

18  of signatures.

19         Section 10.  Subsection (4) of section 101.141, Florida

20  Statutes, is amended to read:

21         101.141  Specifications for primary election

22  ballot.--In counties in which voting machines are not used,

23  and in other counties for use as absentee ballots not designed

24  for tabulation by an electronic or electromechanical voting

25  system, the primary election ballot shall conform to the

26  following specifications:

27         (4)  The ballot shall have the headings, under which

28  appear the names of the offices and the candidates for the

29  respective offices alphabetically arranged as to surnames, in

30  the following order:  the heading "Congressional" and

31  thereunder the offices of United States Senator and


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    SB 756                                        Second Engrossed



  1  Representative in Congress; the heading "State" and thereunder

  2  the offices of Governor and Lieutenant Governor, Secretary of

  3  State, Attorney General, Comptroller, Treasurer, Commissioner

  4  of Education, Commissioner of Agriculture, state attorney, and

  5  public defender; the heading "Legislative" and thereunder the

  6  offices of state senator and state representative; the heading

  7  "County" and thereunder clerk of the circuit court, clerk of

  8  the county court (when authorized by law), sheriff, property

  9  appraiser, tax collector, district superintendent of schools,

10  and supervisor of elections.  Thereafter follows:  members of

11  the board of county commissioners, members of the district

12  school board, and such other county and district offices as

13  are involved in the primary election, in the order fixed by

14  the Department of State, followed, in the years of their

15  election, by "Party offices," and thereunder the offices of

16  state and county party executive committee members.

17  Immediately following the name of each office on the ballot

18  shall be printed, "Vote for One."  When more than one

19  candidate is to be nominated for office, the candidates for

20  such office shall qualify and run in a group or district.  The

21  group or district number shall be printed beneath the name of

22  the office.  The names of candidates in the respective group

23  or district shall be arranged thereunder in alphabetical order

24  as to surnames, and following the group or district number

25  there shall be printed the words, "Vote for One."  The name of

26  the office shall be printed over each numbered group or

27  district and each numbered group or district shall be clearly

28  separated from the next numbered group or district, the same

29  as in the case of single offices.  When two or more candidates

30  running for the same office have the same or similar surname

31  and one candidate is currently holding that office, the word


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    SB 756                                        Second Engrossed



  1  "Incumbent" shall be printed next to the incumbent's name.  If

  2  in any primary election all the offices as above set forth are

  3  not involved, those offices to be filled shall be arranged on

  4  the ballot in the order named.

  5         Section 11.  Paragraph (a) of subsection (3) of section

  6  101.151, Florida Statutes, is amended to read:

  7         101.151  Specifications for general election

  8  ballot.--In counties in which voting machines are not used,

  9  and in other counties for use as absentee ballots not designed

10  for tabulation by an electronic or electromechanical voting

11  system, the general election ballot shall conform to the

12  following specifications:

13         (3)(a)  Beneath the caption and preceding the names of

14  candidates shall be the following words:  "To vote for a

15  candidate whose name is printed on the ballot, place a cross

16  (X) mark in the blank space at the right of the name of the

17  candidate for whom you desire to vote.  To vote for a write-in

18  candidate, write the name of the candidate in the blank space

19  provided for that purpose."  The ballot shall have headings

20  under which shall appear the names of the offices and names of

21  duly nominated candidates for the respective offices in the

22  following order:  the heading "Electors for President and Vice

23  President" and thereunder the names of the candidates for

24  President and Vice President of the United States nominated by

25  the political party which received the highest vote for

26  Governor in the last general election of the Governor in this

27  state, above which shall appear the name of said party.  Then

28  shall appear the names of other candidates for President and

29  Vice President of the United States who have been properly

30  nominated.  Votes cast for write-in candidates for President

31  and Vice President shall be counted as votes cast for the


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    SB 756                                        Second Engrossed



  1  presidential electors supporting such candidates.  Then shall

  2  follow the heading "Congressional" and thereunder the offices

  3  of United States Senator and Representative in Congress; then

  4  the heading "State" and thereunder the offices of Governor and

  5  Lieutenant Governor, Secretary of State, Attorney General,

  6  Comptroller, Treasurer, Commissioner of Education,

  7  Commissioner of Agriculture, state attorney, and public

  8  defender, together with the names of the candidates for each

  9  office and the title of the office which they seek; then the

10  heading "Legislative" and thereunder the offices of state

11  senator and state representative; then the heading "County"

12  and thereunder clerk of the circuit court, clerk of the county

13  court (when authorized by law), sheriff, property appraiser,

14  tax collector, district superintendent of schools, and

15  supervisor of elections. Thereafter follows: members of the

16  board of county commissioners, members of the district school

17  board, and such other county offices as are involved in the

18  general election, in the order fixed by the Department of

19  State.  When a write-in candidate has qualified for any

20  office, a subheading "Write-in Candidate for ...(name of

21  office)..." shall be provided followed by a blank space in

22  which to write the name of the candidate.  With respect to

23  write-in candidates, if two or more candidates are seeking

24  election to one office, only one blank space shall be

25  provided.

26         Section 12.  Subsection (2) of section 101.251, Florida

27  Statutes, is amended to read

28         101.251  Information which supervisor of elections must

29  print on ballots.--

30         (2)  In addition to the names printed on the ballot as

31  provided in subsection (1), the supervisor of elections of


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    SB 756                                        Second Engrossed



  1  each county shall have printed on the general election ballot

  2  to be used in the county the names of the nonpartisan

  3  candidates judicial officers, as defined in chapter 105, who

  4  are entitled to have their names printed on the ballot, and

  5  minor party and independent candidates who have obtained a

  6  position on the general election ballot in compliance with the

  7  requirements of this code.

  8         Section 13.  Subsection (1) of section 230.061, Florida

  9  Statutes, is amended to read:

10         230.061  School board member residence areas.--

11         (1)  For the purpose of nominating and electing school

12  board members, each district shall be divided into at least

13  five district school board member residence areas, which shall

14  be numbered one to five, inclusive, and which shall, as nearly

15  as practicable, be equal in population.

16         (a)  For those school districts, which have seven

17  school board members, the district may be divided into five

18  district school board member residence areas, with two school

19  board members elected at large, or the district may be divided

20  into seven district school board member residence areas.  In

21  the latter case, the residence areas shall be numbered one to

22  seven inclusive and shall be equal in population as nearly as

23  practicable.

24         (b)  For those school districts which have seven school

25  board members, the number of district school board member

26  residence areas shall be determined by resolution passed by a

27  majority vote of the district school board.  No district

28  school board shall be required to change the boundaries of the

29  district school board member residence areas in accordance

30  with the provisions of this act prior to July 1, 1981.

31


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    SB 756                                        Second Engrossed



  1         Section 14.  Subsection (2) of section 230.105, Florida

  2  Statutes, is amended to read:

  3         230.105  Alternate procedure for the election of

  4  district school board members to provide for single-member

  5  representation.--

  6         (2)  District school board members shall be nominated

  7  and elected to office in accordance with the provisions of ss.

  8  230.061 and 230.10, or as otherwise provided by law, unless a

  9  proposition calling for single-member representation within

10  the residence areas of the district is submitted to and

11  approved by a majority of the qualified electors voting on

12  such proposition in the manner provided in subsection (3).

13         (a)  If the school board is composed of five members,

14  such proposition shall provide that the five members shall

15  reside one in each of five residence areas, the areas together

16  covering the entire district and as nearly equal in population

17  as practicable, pursuant to s. 230.061, each of whom shall be

18  nominated and elected only by the qualified electors who

19  reside in the same residence area as the member.

20         (b)  If the school board is composed of seven members,

21  at the option of the school board, such proposition shall

22  provide that:

23         1.  Five of the seven members shall reside one in each

24  of five residence areas, the areas together covering the

25  entire district and as nearly equal in population as

26  practicable, pursuant to s. 230.061, each of whom shall be

27  nominated and elected only by the qualified electors who

28  reside in the same residence area as the member, and two of

29  the seven members shall be nominated and elected at large; or

30         2.  All seven members shall reside one in each of seven

31  residence areas, the areas together covering the entire


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    SB 756                                        Second Engrossed



  1  district and as nearly equal in population as practicable,

  2  pursuant to s. 230.061, each of whom shall be nominated and

  3  elected only by the qualified electors who reside in the same

  4  residence area as the member.

  5         (c)  All members shall be elected for 4-year terms, but

  6  such terms shall be staggered so that, alternately, one more

  7  or one less than half of the members elected from residence

  8  areas and, if applicable, one of the members elected at large

  9  from the entire district are elected every 2 years.  Any

10  member may be elected to an initial term of less than 4 years

11  if necessary to achieve or maintain such system of staggered

12  terms.

13         Section 15.  Section 230.08, Florida Statutes, is

14  repealed.

15         Section 16.  Paragraph (a) of subsection (12) of

16  section 228.053, Florida Statutes, is amended to read:

17         228.053  Developmental research schools.--

18         (12)  EXCEPTIONS TO LAW.--To encourage innovative

19  practices and facilitate the mission of the developmental

20  research schools, in addition to the exceptions to law

21  specified in s. 229.592(6), the following exceptions shall be

22  permitted for developmental research schools:

23         (a)  The methods and requirements of the following

24  statutes shall be held in abeyance: ss. 230.01; 230.02;

25  230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105;

26  230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18;

27  230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318;

28  230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303;

29  230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.63;

30  230.64; 230.643; 234.01; 234.021; 234.112; 236.25; 236.261;

31  236.29; 236.31; 236.32; 236.35; 236.36; 236.37; 236.38;


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    SB 756                                        Second Engrossed



  1  236.39; 236.40; 236.41; 236.42; 236.43; 236.44; 236.45;

  2  236.46; 236.47; 236.48; 236.49; 236.50; 236.51; 236.52;

  3  236.55; 236.56; 237.051; 237.071; 237.091; 237.201; 237.40;

  4  and 316.75. With the exception of subsection (16) of s.

  5  230.23, s. 230.23 shall be held in abeyance. Reference to

  6  school boards in s. 230.23(16) shall mean the president of the

  7  university or the president's designee.

  8

  9  Notwithstanding the request provisions of s. 229.592(6),

10  developmental research schools shall request all waivers

11  through the Joint Developmental Research School Planning,

12  Articulation, and Evaluation Committee, as established in s.

13  228.054. The committee shall approve or disapprove said

14  requests pursuant to this subsection and s. 229.592(6);

15  however, the Commissioner of Education shall have standing to

16  challenge any decision of the committee should it adversely

17  affect the health, safety, welfare, or civil rights of the

18  students or public interest. The department shall immediately

19  notify the committee and developmental research school of the

20  decision and provide a rationale therefor.

21         Section 17.  This act shall take effect January 1,

22  2000.

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