Senate Bill sb1500c1

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    Florida Senate - 2003                           CS for SB 1500

    By the Committee on Ethics and Elections; and Senator Cowin





    313-2519-03

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.012, F.S.; requiring the Secretary of State

  4         to create and maintain a statewide voter

  5         registration database and designate an office

  6         within the department which provides voter

  7         information to absent and overseas voters;

  8         amending s. 97.021, F.S.; deleting the

  9         definition of "central voter file"; revising

10         the definition of "provisional ballot";

11         amending s. 97.052, F.S.; providing additional

12         requirements for the uniform statewide voter

13         registration application; amending s. 97.053,

14         F.S.; revising requirements for accepting a

15         voter registration application; creating s.

16         97.0535, F.S.; providing additional application

17         requirements for a voter who registers by mail

18         and who has not previously voted in the county;

19         specifying forms of identification that may be

20         used by the applicant; creating s. 97.028,

21         F.S.; providing procedures under which a person

22         may file a complaint with the Department of

23         State alleging a violation of the Help America

24         Vote Act of 2002; providing that such

25         proceedings are exempt from ch. 120, F.S.;

26         providing for review by a hearing officer;

27         providing for a final determination by the

28         department; providing for mediation under

29         certain circumstances; repealing s. 98.097,

30         F.S., relating to a central voter file;

31         amending s. 98.0977, F.S., relating to the

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 1         statewide voter registration database; deleting

 2         obsolete references relating to the statewide

 3         voter registration database; directing the

 4         Department of State to develop the Statewide

 5         Voter Registration System to meet the

 6         requirements of the Help America Vote Act of

 7         2002; requiring the department to certify

 8         certain facts to the Election Assistance

 9         Commission in order to qualify for a waiver and

10         extension of time; requiring a report to the

11         Governor and the Legislature; amending s.

12         98.461, F.S.; requiring that the precinct

13         register be used at the polls in lieu of the

14         registration books; revising requirements for

15         the register; transferring, renumbering, and

16         amending s. 98.471, F.S.; providing

17         requirements for identifying electors at the

18         polls; providing requirements for certain

19         first-time voters who register by mail;

20         amending s. 101.048, F.S., relating to

21         provisional ballots; requiring the department

22         to prescribe the form of the provisional ballot

23         envelope; authorizing the supervisor of

24         elections to provide the ballot by an

25         electronic means; providing requirements for

26         casting ballots and determining whether the

27         ballot was counted; creating s. 101.049, F.S.;

28         providing procedures for casting certain

29         provisional ballots after the polls close;

30         amending s. 101.111, F.S.; revising procedures

31         for challenging the right of a person to vote;

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 1         revising the forms used with respect to such

 2         challenge; requiring a decision concerning such

 3         challenge by the clerk and inspectors; amending

 4         ss. 101.62 and 101.64, F.S., relating to

 5         absentee ballots; conforming provisions to

 6         changes made by the act; amending s. 101.65,

 7         F.S.; requiring that additional instructions be

 8         provided to absent electors; amending s.

 9         101.657, F.S.; revising identification

10         requirements for persons casting absentee

11         ballots in the office of the supervisor of

12         elections; providing for provisional ballots

13         for certain first-time voters; creating s.

14         101.6921, F.S.; providing requirements for the

15         delivery of a special absentee ballot to a

16         first-time voter who registered by mail;

17         specifying the form of the voter's certificate;

18         requiring that a voter's signature be

19         witnessed; providing requirements for mailing;

20         creating s. 101.6923, F.S.; specifying the

21         ballot instructions that must be provided to

22         first-time voters who registered to vote by

23         mail; creating s. 101.6925, F.S.; requiring the

24         supervisor of elections to receive voted

25         special absentee ballots; providing

26         requirements for canvassing the ballots;

27         amending s. 101.694, F.S.; providing for the

28         federal postcard application to apply to

29         absentee ballot requests for certain future

30         general elections; amending s. 102.141, F.S.;

31         providing requirements for canvassing certain

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 1         provisional ballots; suspending operation of

 2         the second primary election until January 1,

 3         2006; providing a date in 2004 by which

 4         candidates for Lieutenant Governor must be

 5         designated and qualified; providing campaign

 6         finance reporting dates and contribution limits

 7         for the 2004 elections; amending s. 106.011,

 8         F.S.; redefining the terms "political

 9         committee," "independent expenditure," and

10         "person"; amending s. 106.021, F.S.; exempting

11         leadership fund expenditures for communications

12         jointly endorsing three or more candidates from

13         the limits applicable to candidate

14         contributions; amending s. 106.025, F.S.;

15         exempting certain leadership fund fundraisers

16         from campaign fund raiser requirements;

17         amending s. 106.04, F.S.; modifying reporting

18         requirements for committees of continuous

19         existence that make contributions to leadership

20         funds; amending s. 106.08, F.S.; exempting

21         leadership funds from the limits applicable to

22         contributions to candidates and political

23         committees supporting candidates; prescribing

24         the amount a candidate may accept in

25         contributions from leadership funds; exempting

26         contributions from leadership funds from the

27         statutory proscription against making indirect

28         contributions; limiting the activities of

29         leaders with regard to soliciting from, and

30         making contributions to, charitable and

31         philanthropic groups; prohibiting leaders from

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 1         accepting earmarked contributions designed to

 2         benefit a specific candidate; prohibiting

 3         leaders who are candidates from using their own

 4         leadership funds to support their own

 5         candidacy; prescribing penalties; amending s.

 6         106.147, F.S.; redefining the term "person" to

 7         include leadership funds for purposes of

 8         telephone solicitation requirements; amending

 9         s. 106.148, F.S.; subjecting leadership funds

10         to computer solicitation disclosure

11         requirements; amending s. 106.17, F.S.;

12         authorizing leaders to conduct certain polls

13         and surveys relating to candidacies; amending

14         s. 106.29, F.S.; subjecting leadership funds to

15         the same periodic campaign finance reporting

16         requirements as executive committees of

17         political parties; requiring the Division of

18         Elections to provide a campaign finance form

19         for reporting leadership fund contributions and

20         expenditures; providing an exemption from

21         leadership fund reporting requirements for

22         periods of inactivity; prescribing penalties;

23         amending s. 106.295, F.S.; redefining the terms

24         "leadership fund" and "leader"; authorizing

25         leadership funds; requiring the creation of a

26         primary leadership depository; mandating the

27         appointment of a leadership fund treasurer;

28         prescribing the method for making leadership

29         fund expenditures; authorizing the use of petty

30         cash funds; requiring the leadership fund

31         treasurer to maintain records and accounts in a

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 1         certain manner for a specified period; amending

 2         s. 106.33, F.S.; modifying the contribution

 3         limits applicable to candidates accepting

 4         public financing; amending s. 106.011, F.S.;

 5         redefining the term "communications media";

 6         amending s. 106.11, F.S.; extending the time

 7         for unopposed candidates to purchase "thank

 8         you" advertising; amending s. 106.141, F.S.;

 9         extending the date for unopposed candidates to

10         file a termination report, to conform; creating

11         s. 106.1433, F.S.; establishing reporting

12         requirements for certain political

13         electioneering advertisements intended to

14         influence public policy; prescribing

15         prohibitions and exemptions; prescribing

16         penalties; amending s. 106.1437, F.S.;

17         exempting electioneering ads from disclaimer

18         requirements applicable to miscellaneous

19         advertisements, to conform; providing for

20         severability; providing effective dates.

21  

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

23  

24         Section 1.  Subsection (11) of section 97.012, Florida

25  Statutes, is amended, and subsection (13) is added to that

26  section, to read:

27         97.012  Secretary of State as chief election

28  officer.--The Secretary of State is the chief election officer

29  of the state, and it is his or her responsibility to:

30         (11)  Create and maintain a statewide voter

31  registration database central voter file.

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 1         (13)  Designate an office within the Department of

 2  State to be responsible for providing information regarding

 3  voter registration procedures and absentee ballot procedures

 4  to absent uniformed services voters and overseas voters.

 5         Section 2.  Section 97.021, Florida Statutes, is

 6  amended to read:

 7         97.021  Definitions.--For the purposes of this code,

 8  except where the context clearly indicates otherwise, the

 9  term:

10         (1)  "Absent elector" means any registered and

11  qualified voter who casts an absentee ballot.

12         (2)  "Alternative formats" has the meaning ascribed in

13  the Americans with Disabilities Act of 1990, Pub. L. No.

14  101-336, 42 U.S.C. ss. 12101 et seq., including specifically

15  the technical assistance manuals promulgated thereunder, as

16  amended.

17         (3)  "Ballot" or "official ballot" when used in

18  reference to:

19         (a)  "Paper ballots" means that printed sheet of paper,

20  used in conjunction with an electronic or electromechanical

21  vote tabulation voting system, containing the names of

22  candidates, or a statement of proposed constitutional

23  amendments or other questions or propositions submitted to the

24  electorate at any election, on which sheet of paper an elector

25  casts his or her vote.

26         (b)  "Electronic or electromechanical devices" means a

27  ballot that is voted by the process of electronically

28  designating, including by touchscreen, or marking with a

29  marking device for tabulation by automatic tabulating

30  equipment or data processing equipment.

31  

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 1         (4)  "Candidate" means any person to whom any one or

 2  more of the following applies:

 3         (a)  Any person who seeks to qualify for nomination or

 4  election by means of the petitioning process.

 5         (b)  Any person who seeks to qualify for election as a

 6  write-in candidate.

 7         (c)  Any person who receives contributions or makes

 8  expenditures, or gives his or her consent for any other person

 9  to receive contributions or make expenditures, with a view to

10  bringing about his or her nomination or election to, or

11  retention in, public office.

12         (d)  Any person who appoints a treasurer and designates

13  a primary depository.

14         (e)  Any person who files qualification papers and

15  subscribes to a candidate's oath as required by law.

16  

17  However, this definition does not include any candidate for a

18  political party executive committee.

19         (5)  "Central voter file" means a statewide, centrally

20  maintained database containing voter registration information

21  of all counties in this state.

22         (5)(6)  "Department" means the Department of State.

23         (6)(7)  "Division" means the Division of Elections of

24  the Department of State.

25         (7)(8)  "Election" means any primary election, special

26  primary election, special election, general election, or

27  presidential preference primary election.

28         (8)(9)  "Election board" means the clerk and inspectors

29  appointed to conduct an election.

30         (9)(10)  "Election costs" shall include, but not be

31  limited to, expenditures for all paper supplies such as

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 1  envelopes, instructions to voters, affidavits, reports, ballot

 2  cards, ballot booklets for absentee voters, postage, notices

 3  to voters; advertisements for registration book closings,

 4  testing of voting equipment, sample ballots, and polling

 5  places; forms used to qualify candidates; polling site rental

 6  and equipment delivery and pickup; data processing time and

 7  supplies; election records retention; and labor costs,

 8  including those costs uniquely associated with absentee ballot

 9  preparation, poll workers, and election night canvass.

10         (10)(11)  "Elector" is synonymous with the word "voter"

11  or "qualified elector or voter," except where the word is used

12  to describe presidential electors.

13         (11)(12)  "General election" means an election held on

14  the first Tuesday after the first Monday in November in the

15  even-numbered years, for the purpose of filling national,

16  state, county, and district offices and for voting on

17  constitutional amendments not otherwise provided for by law.

18         (12)(13)  "Lists of registered electors" means copies

19  of printed lists of registered electors, computer tapes or

20  disks, or any other device used by the supervisor of elections

21  to maintain voter records.

22         (13)(14)  "Member of the Merchant Marine" means an

23  individual, other than a member of a uniformed service or an

24  individual employed, enrolled, or maintained on the Great

25  Lakes for the inland waterways, who is:

26         (a)  Employed as an officer or crew member of a vessel

27  documented under the laws of the United States, a vessel owned

28  by the United States, or a vessel of foreign-flag registry

29  under charter to or control of the United States; or

30         (b)  Enrolled with the United States for employment or

31  training for employment, or maintained by the United States

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 1  for emergency relief service, as an officer or crew member of

 2  such vessel.

 3         (14)(15)  "Minor political party" is any group as

 4  defined in this subsection which on January 1 preceding a

 5  primary election does not have registered as members 5 percent

 6  of the total registered electors of the state. Any group of

 7  citizens organized for the general purposes of electing to

 8  office qualified persons and determining public issues under

 9  the democratic processes of the United States may become a

10  minor political party of this state by filing with the

11  department a certificate showing the name of the organization,

12  the names of its current officers, including the members of

13  its executive committee, and a copy of its constitution or

14  bylaws. It shall be the duty of the minor political party to

15  notify the department of any changes in the filing certificate

16  within 5 days of such changes.

17         (15)(16)  "Newspaper of general circulation" means a

18  newspaper printed in the language most commonly spoken in the

19  area within which it circulates and which is readily available

20  for purchase by all inhabitants in the area of circulation,

21  but does not include a newspaper intended primarily for

22  members of a particular professional or occupational group, a

23  newspaper the primary function of which is to carry legal

24  notices, or a newspaper that is given away primarily to

25  distribute advertising.

26         (16)(17)  "Nominal value" means having a retail value

27  of $10 or less.

28         (17)(18)  "Nonpartisan office" means an office for

29  which a candidate is prohibited from campaigning or qualifying

30  for election or retention in office based on party

31  affiliation.

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 1         (18)(19)  "Office that serves persons with

 2  disabilities" means any state office that takes applications

 3  either in person or over the telephone from persons with

 4  disabilities for any program, service, or benefit primarily

 5  related to their disabilities.

 6         (19)(20)  "Overseas voter" means:

 7         (a)  Members of the uniformed services while in the

 8  active service who are permanent residents of the state and

 9  are temporarily residing outside the territorial limits of the

10  United States and the District of Columbia;

11         (b)  Members of the Merchant Marine of the United

12  States who are permanent residents of the state and are

13  temporarily residing outside the territorial limits of the

14  United States and the District of Columbia; and

15         (c)  Other citizens of the United States who are

16  permanent residents of the state and are temporarily residing

17  outside the territorial limits of the United States and the

18  District of Columbia,

19  

20  who are qualified and registered to vote as provided by law.

21         (20)(21)  "Overvote" means that the elector marks or

22  designates more names than there are persons to be elected to

23  an office or designates more than one answer to a ballot

24  question, and the tabulator records no vote for the office or

25  question.

26         (21)(22)  "Persons with disabilities" means individuals

27  who have a physical or mental impairment that substantially

28  limits one or more major life activities.

29         (22)(23)  "Polling place" is the building which

30  contains the polling room where ballots are cast.

31  

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 1         (23)(24)  "Polling room" means the actual room in which

 2  ballots are cast.

 3         (24)(25)  "Primary election" means an election held

 4  preceding the general election for the purpose of nominating a

 5  party nominee to be voted for in the general election to fill

 6  a national, state, county, or district office. The first

 7  primary is a nomination or elimination election; the second

 8  primary is a nominating election only.

 9         (25)(26)  "Provisional ballot" means a conditional

10  ballot, the validity of which shall be determined by the

11  canvassing board. issued to a voter by the election board at

12  the polling place on election day for one of the following

13  reasons:

14         (a)  The voter's name does not appear on the precinct

15  register and verification of the voter's eligibility cannot be

16  determined; or

17         (b)  There is an indication on the precinct register

18  that the voter has requested an absentee ballot and there is

19  no indication whether the voter has returned the absentee

20  ballot.

21         (26)(27)  "Public assistance" means assistance provided

22  through the food stamp program; the Medicaid program; the

23  Special Supplemental Food Program for Women, Infants, and

24  Children; and the WAGES Program.

25         (27)(28)  "Public office" means any federal, state,

26  county, municipal, school, or other district office or

27  position which is filled by vote of the electors.

28         (28)(29)  "Qualifying educational institution" means

29  any public or private educational institution receiving state

30  financial assistance which has, as its primary mission, the

31  provision of education or training to students who are at

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 1  least 18 years of age, provided such institution has more than

 2  200 students enrolled in classes with the institution and

 3  provided that the recognized student government organization

 4  has requested this designation in writing and has filed the

 5  request with the office of the supervisor of elections in the

 6  county in which the institution is located.

 7         (29)(30)  "Special election" is a special election

 8  called for the purpose of voting on a party nominee to fill a

 9  vacancy in the national, state, county, or district office.

10         (30)(31)  "Special primary election" is a special

11  nomination election designated by the Governor, called for the

12  purpose of nominating a party nominee to be voted on in a

13  general or special election.

14         (31)(32)  "Supervisor" means the supervisor of

15  elections.

16         (32)(33)  "Tactile input device" means a device that

17  provides information to a voting system by means of a voter

18  touching the device, such as a keyboard, and that complies

19  with the requirements of s. 101.56062(1)(k) and (l).

20         (33)(34)  "Undervote" means that the elector does not

21  properly designate any choice for an office or ballot

22  question, and the tabulator records no vote for the office or

23  question.

24         (34)(35)  "Uniformed services" means the Army, Navy,

25  Air Force, Marine Corps, and Coast Guard, the commissioned

26  corps of the Public Health Service, and the commissioned corps

27  of the National Oceanic and Atmospheric Administration.

28         (35)(36)  "Voter interface device" means any device

29  that communicates voting instructions and ballot information

30  to a voter and allows the voter to select and vote for

31  candidates and issues.

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 1         (36)(37)  "Voter registration agency" means any office

 2  that provides public assistance, any office that serves

 3  persons with disabilities, any center for independent living,

 4  or any public library.

 5         (37)(38)  "Voting booth" or "booth" means that booth or

 6  enclosure wherein an elector casts his or her ballot for

 7  tabulation by an electronic or electromechanical device.

 8         (38)(39)  "Voting system" means a method of casting and

 9  processing votes that functions wholly or partly by use of

10  electromechanical or electronic apparatus or by use of paper

11  ballots and includes, but is not limited to, the procedures

12  for casting and processing votes and the programs, operating

13  manuals, tabulating cards, printouts, and other software

14  necessary for the system's operation.

15         Section 3.  Subsection (3) of section 97.052, Florida

16  Statutes, is amended to read:

17         97.052  Uniform statewide voter registration

18  application.--

19         (3)  The uniform statewide voter registration

20  application must also contain:

21         (a)  The oath required by s. 3, Art. VI of the State

22  Constitution and s. 97.051.

23         (b)  A statement specifying each eligibility

24  requirement under s. 97.041.

25         (c)  The penalties provided in s. 104.011 for false

26  swearing in connection with voter registration.

27         (d)  A statement that, if an applicant declines to

28  register to vote, the fact that the applicant has declined to

29  register will remain confidential and may be used only for

30  voter registration purposes.

31  

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 1         (e)  A statement that informs the applicant who chooses

 2  to register to vote or update a voter registration record that

 3  the office at which the applicant submits a voter registration

 4  application or updates a voter registration record will remain

 5  confidential and may be used only for voter registration

 6  purposes.

 7         (f)  A statement that informs the applicant that any

 8  person who has been granted a homestead exemption in this

 9  state, and who registers to vote in any precinct other than

10  the one in which the property for which the homestead

11  exemption has been granted, shall have that information

12  forwarded to the property appraiser where such property is

13  located, which may result in the person's homestead exemption

14  being terminated and the person being subject to assessment of

15  back taxes under s. 193.092, unless the homestead granted the

16  exemption is being maintained as the permanent residence of a

17  legal or natural dependent of the owner and the owner resides

18  elsewhere.

19         (g)  A statement informing the applicant that if the

20  form is submitted by mail and the applicant is registering for

21  the first time, the applicant will be required to provide

22  identification prior to voting the first time.

23         Section 4.  Paragraph (a) of subsection (5) of section

24  97.053, Florida Statutes, is amended to read:

25         97.053  Acceptance of voter registration

26  applications.--

27         (5)(a)  A voter registration application is complete if

28  it contains:

29         1.  The applicant's name.

30         2.  The applicant's legal residence address.

31         3.  The applicant's date of birth.

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 1         4.  An indication that the applicant is a citizen of

 2  the United States.

 3         5.a.  The applicant's Florida driver's license number

 4  or the identification number from a Florida identification

 5  card issued under s. 322.051; or

 6         b.  The last four digits of the applicant's social

 7  security number.

 8         6.  An indication that the applicant has not been

 9  convicted of a felony or that, if convicted, has had his or

10  her civil rights restored.

11         7.  An indication that the applicant has not been

12  adjudicated mentally incapacitated with respect to voting or

13  that, if so adjudicated, has had his or her right to vote

14  restored.

15         8.  Signature of the applicant swearing or affirming

16  under the penalty for false swearing pursuant to s. 104.011

17  that the information contained in the registration application

18  is true and subscribing to the oath required by s. 3, Art. VI

19  of the State Constitution and s. 97.051.

20         Section 5.  Section 97.0535, Florida Statutes, is

21  created to read:

22         97.0535  Special requirements for certain applicants.--

23         (1)  Each applicant who registers by mail and who has

24  never previously voted in the county shall be required to

25  provide a copy of a photo identification as provided in

26  subsection (3) or indicate that he or she is exempt from the

27  identification requirements prior to voting. The applicant may

28  provide the identification or indication at the time of

29  registering or at any time prior to voting for the first time

30  in the county. If the voter registration application clearly

31  provides information from which the supervisor can determine

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 1  that the applicant meets one of the exemptions in subsection

 2  (4), the supervisor shall make the notation on the

 3  registration records and the applicant shall not be required

 4  to provide further information that is required of first-time

 5  voters who register by mail.

 6         (2)  The supervisor of elections shall, upon accepting

 7  the voter registration for an applicant who registered by mail

 8  and who has not previously voted in the county, determine if

 9  the applicant provided the required identification at the time

10  of registering. If the required identification was not

11  provided, the supervisor shall notify the applicant that he or

12  she must provide the identification prior to voting the first

13  time in the county.

14         (3)  The following forms of identification shall be

15  considered current and valid if they contain the name and

16  photograph of the applicant and have not expired:

17         (a)  A Florida driver's license;

18         (b)  A Florida identification card issued by the

19  Department of Highway Safety and Motor Vehicles;

20         (c)  A United States passport;

21         (d)  An employee badge or ID;

22         (e)  A buyer's club ID;

23         (f)  A debit card or credit card;

24         (g)  A military ID;

25         (h)  A student ID;

26         (i)  A retirement center ID;

27         (j)  A neighborhood association ID;

28         (k)  An entertainment ID; or

29         (l)  A public assistance ID.

30         (4)  The following persons are exempt from the

31  identification requirements of this section:

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 1         (a)  A person 65 years of age or older.

 2         (b)  A person with a temporary or permanent physical

 3  disability.

 4         (c)  A member of the uniformed service on active duty

 5  who, by reason of such active duty, is absent from the county

 6  on election day.

 7         (d)  A member of the merchant marine who, by reason of

 8  service in the merchant marine, is absent from the county on

 9  election day.

10         (e)  The spouse or dependent of a member specified in

11  paragraph (c) or paragraph (d) who, by reason of the active

12  duty or service of the member, is absent from the county on

13  election day.

14         (f)  A person who resides outside the United States who

15  is eligible to vote in this state.

16         Section 6.  Effective upon this act becoming a law,

17  section 97.028, Florida Statutes, is created to read:

18         97.028  Procedures for complaints of violations of

19  Title III of the Help America Vote Act of 2002.--

20         (1)(a)  Any person who believes that a violation of

21  Title III of the Help America Vote Act of 2002 has occurred,

22  is occurring, or is about to occur may file a complaint with

23  the department.

24         (b)  The complaint must be in writing and must be

25  signed and sworn to before a notary by the person filing the

26  complaint. In addition, the complaint must state the alleged

27  violation and the person or entity responsible for the

28  violation. The department shall prescribe the form for

29  complaints filed under this section. If the department

30  determines that the complaint fails to allege both a violation

31  and a person or entity responsible for the violation, or that

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 1  the complaint is not properly executed, the department shall

 2  inform the complainant in writing that the complaint is

 3  legally insufficient.

 4         (c)  For purposes of this section, a violation of Title

 5  III of the Help America Vote Act of 2002 is the failure to

 6  perform an act required or the performance of an act

 7  prohibited by Title III of the Help America Vote Act of 2002

 8  by a person or entity subject to the act.

 9         (d)  The department has sole jurisdiction over

10  complaints filed under this section.

11         (e)  This section provides the sole avenue of redress

12  for alleged violations of Title III of the Help America Vote

13  Act of 2002 and does not give rise to any other cause of

14  action.

15         (f)  The department may consolidate complaints filed

16  under this section.

17         (g)  All proceedings under this section are exempt from

18  chapter 120.

19         (2)(a)  When a legally sufficient complaint is filed

20  with the department, the agency head shall designate a hearing

21  officer who shall provide the subject of the complaint with a

22  copy of the complaint.

23         1.  The subject of the complaint shall, within 10 days

24  after receipt of the complaint, file with the department a

25  written, sworn response to the complaint.

26         2.  Upon receipt of the response, the hearing officer

27  will review both sworn filings to determine whether a

28  violation of the Title III of the Help America Vote Act of

29  2002 has occurred, is occurring, or is about to occur. The

30  complaint and the response shall constitute the official

31  hearing record to be considered by the hearing officer. The

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 1  hearing officer shall provide the complainant with a copy of

 2  the response.

 3         3.  At the hearing officer's discretion, the

 4  complainant and the respondent may be ordered by the hearing

 5  officer to provide additional sworn oral or written statements

 6  or additional documents to assist the hearing officer in

 7  making a determination. In addition, other relevant witnesses

 8  may also be ordered by the hearing officer to give sworn

 9  testimony or to provide relevant documents to assist the

10  hearing officer in making a determination. Any such statements

11  or documents received by the hearing officer shall also become

12  part of the official hearing record. For purposes of this

13  section, the hearing officer may administer oaths and issue

14  subpoenas.

15         4.  The hearing officer shall advise both the

16  complainant and respondent in writing of his or her

17  determination. If the hearing officer determines that no

18  violation has occurred, is occurring, or is about to occur,

19  the department shall dismiss the complaint and publish its

20  determination. If the hearing officer determines that a

21  violation of Title III of the Help America Vote Act of 2002

22  has occurred, is occurring, or is about to occur, the

23  department shall issue and deliver an order directing the

24  appropriate remedy to persons responsible for effecting such

25  remedy. The issuance of an order does not constitute agency

26  action for which a hearing under ss. 120.569 and 120.57 may be

27  sought. For purposes of enforcing the order, the department

28  may file a proceeding in the name of the state seeking

29  issuance of an injunction, a writ of mandamus, or other

30  equitable remedy against any person who violates any provision

31  of such order.

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 1         5.  The department shall make a final determination

 2  with respect to the complaint within 90 days after the date

 3  that the complaint was filed, unless the complainant consents

 4  to a longer period for making a determination.

 5         (b)  If the department fails to meet the deadline

 6  established in subparagraph (a)5., the complaint shall be

 7  forwarded for mediation. Mediation shall occur within 60 days

 8  after the department's failure to make a determination within

 9  the timeframe established in subparagraph (a)5. The record

10  created under this section shall be made available for use in

11  the mediation.

12         Section 7.  Section 98.097, Florida Statutes, is

13  repealed.

14         Section 8.  Section 98.0977, Florida Statutes, is

15  amended to read:

16         98.0977  Statewide voter registration database;

17  operation development and maintenance.--

18         (1)  From the funds appropriated, The department shall

19  may contract with the Florida Association of Court Clerks to

20  analyze, design, develop, operate, and maintain the a

21  statewide, on-line voter registration database and associated

22  website until such time as the statewide voter registration

23  system required to be developed pursuant to the Help America

24  Vote Act of 2002 is operational, to be fully operational

25  statewide by June 1, 2002. The database shall contain voter

26  registration information from each of the 67 supervisors of

27  elections in this state and shall be accessible through an

28  Internet website. The system shall provide functionality for

29  ensuring that the database is updated on a daily basis to

30  determine if a registered voter is ineligible to vote for any

31  of the following reasons, including, but not limited to:

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 1         (a)  The voter is deceased;

 2         (b)  The voter has been convicted of a felony and has

 3  not had his or her civil rights restored; or

 4         (c)  The voter has been adjudicated mentally

 5  incompetent and his or her mental capacity with respect to

 6  voting has not been restored.

 7  

 8  The database shall also allow for duplicate voter

 9  registrations to be identified.

10         (2)  The Department of State shall not contract with

11  any private entity other than the Florida Association of Court

12  Clerks for the operation or maintenance of the statewide voter

13  registration database.

14         (3)(a)  In administering the database, each supervisor

15  of elections shall compare registration information provided

16  by a voter with information held by the Department of Law

17  Enforcement, the Board of Executive Clemency, the Office of

18  Vital Statistics, and other relevant sources.

19         (b)  The supervisor of elections shall remove from the

20  voter registration rolls the name of any person who is listed

21  in the database as deceased.

22         (c)  Information in the database indicating that a

23  person registered to vote in a given county has subsequently

24  registered to vote in another jurisdiction shall be considered

25  as a written request from that voter to have his or her name

26  removed from the voter registration rolls of that county, and

27  the supervisor of elections of that county shall remove that

28  voter's name from the county's voter registration rolls.

29         (d)  When the supervisor of elections finds information

30  through the database that suggests that a voter has been

31  convicted of a felony and has not had his or her civil rights

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 1  restored or has been adjudicated mentally incompetent and his

 2  or her mental capacity with respect to voting has not been

 3  restored, the supervisor of elections shall notify the voter

 4  by certified United States mail.  The notification shall

 5  contain a statement as to the reason for the voter's potential

 6  ineligibility to be registered to vote and shall request

 7  information from the voter on forms provided by the supervisor

 8  of elections.  As an alternative, the voter may attend a

 9  hearing at a time and place specified in the notice.  If there

10  is evidence that the notice was not received, notice must be

11  given once by publication in a newspaper of general

12  circulation in the county.  The notice must plainly state that

13  the voter is potentially ineligible to be registered to vote

14  and must state a time and place for the person to appear

15  before the supervisor of elections to show cause why his or

16  her name should not be removed from the voter registration

17  rolls.  After reviewing the information provided by the voter,

18  if the supervisor of elections determines that the voter is

19  not eligible to vote under the laws of this state, the

20  supervisor of elections shall notify the voter by certified

21  United States mail that he or she has been found ineligible to

22  be registered to vote in this state, shall state the reason

23  for the ineligibility, and shall inform the voter that he or

24  she has been removed from the voter registration rolls.  The

25  supervisor of elections shall remove from the voter

26  registration rolls the name of any voter who fails either to

27  respond within 30 days to the notice sent by certified mail or

28  to attend the hearing.

29         (e)  Upon hearing all evidence in a hearing, the

30  supervisor of elections must determine whether there is

31  sufficient evidence to strike the person's name from the

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 1  registration books.  If the supervisor determines that there

 2  is sufficient evidence, he or she must strike the name.

 3         (f)  Appeal may be taken to the circuit court in and

 4  for the county where the person was registered.  Notice of

 5  appeal must be filed within the time and in the manner

 6  provided by the Florida Rules of Appellate Procedure and acts

 7  as supersedeas.  Trial in the circuit court is de novo and

 8  governed by the rules of that court.  Unless the person can

 9  show that his or her name was erroneously or illegally

10  stricken from the registration books or that he or she is

11  indigent, the person must bear the costs of the trial in the

12  circuit court.  Otherwise, the cost of the appeal must be paid

13  by the board of county commissioners.

14         (4)  To the maximum extent feasible, state and local

15  government entities shall facilitate provision of information

16  and access to data to the department in order to compare

17  information in the statewide voter registration database with

18  available information in other computer databases, including,

19  but not limited to, databases that contain reliable criminal

20  records and records of deceased persons. State and local

21  governmental agencies that provide such data shall do so

22  without charge if the direct cost incurred by those agencies

23  is not significant.

24         (5)  The Division of Elections shall provide written

25  quarterly progress reports on each phase of development of the

26  voter registration database to the President of the Senate and

27  the Speaker of the House of Representatives beginning July 1,

28  2001, and continuing until the database is fully implemented.

29         (5)(6)  The duties of the supervisors of elections

30  under this section shall be considered part of their regular

31  registration list maintenance duties under this chapter, and

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 1  any supervisor of elections who willfully refuses or willfully

 2  neglects to perform his or her duties under this section shall

 3  be in violation of s. 104.051(2).

 4         Section 9.  (1)  Beginning July 1, 2003, from funds

 5  appropriated, the Department of State shall begin the

 6  development of a Statewide Voter Registration System designed

 7  to meet the requirements of sections 303 through 305 of the

 8  Help America Vote Act of 2002. The Legislature recognizes that

 9  the January 1, 2004, implementation date for the system

10  provided in the federal bill cannot be met because there is

11  not sufficient time for implementing such a system.

12  Accordingly, the department shall certify these facts to the

13  Election Assistance Commission in order to qualify for a

14  waiver and an extension of the due date until January 1, 2006.

15         (2)  The department shall begin system needs

16  assessments and design activities by July 1, 2003. The

17  Department of Highway Safety and Motor Vehicles, the

18  Department of Health, the Department of Law Enforcement, the

19  Board of Executive Clemency, the State Technology Office, and

20  representatives of the Florida State Association of

21  Supervisors of Elections shall cooperate and participate in

22  developing the system. Other state agencies and local

23  government entities that may have data or systems needed for

24  integration with the system shall also cooperate and

25  participate in the development of the system upon a request

26  from the department.

27         (3)  By January 31, 2004, the Department of State shall

28  submit to the Governor, President of the Senate, and the

29  Speaker of the House of Representatives a plan for completion

30  of the system which must include:

31  

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 1         (a)  A business process design for all participants in

 2  the system operation.

 3         (b)  The design, location, and specifications for

 4  hardware, system software components, and communications

 5  infrastructure of the system.

 6         (c)  The design, specifications, and development plans

 7  for application software for the system.

 8         (d)  A budget for completion of the system which

 9  includes all agencies and county offices.

10         (e)  Recommended statutory changes needed to implement

11  the system.

12         (4)  This phase of the development shall continue

13  through June 30, 2004, and shall include the design and

14  development of the core system that will be operated by the

15  Department of State, a definition of the business processes

16  that will be required of the other agencies and counties, and

17  the functional requirements specifications for integration

18  with the data systems of other agencies and counties.

19         Section 10.  Section 98.461, Florida Statutes, is

20  amended to read:

21         98.461  Registration form, precinct register;

22  contents.--A registration form, approved by the Department of

23  State, containing the information required in s. 97.052 shall

24  be filed alphabetically in the office of the supervisor as the

25  master list of electors of the county. However, the

26  registration forms may be microfilmed and such microfilms

27  substituted for the original registration forms; or, when

28  voter registration information, including the voter's

29  signature, is maintained digitally or on electronic, magnetic,

30  or optic media, such stored information may be substituted for

31  the original registration form. Such microfilms or stored

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 1  information shall be retained in the custody of the supervisor

 2  of elections. In the event the original registration forms are

 3  microfilmed or maintained digitally or on electronic or other

 4  media, such originals may be destroyed in accordance with the

 5  schedule approved by the Bureau of Archives and Records

 6  Management of the Division of Library and Information Services

 7  of the Department of State. As an alternative, the information

 8  from the registration form, including the signature, may be

 9  electronically reproduced and stored as provided in s. 98.451.

10  A computer printout shall may be used at the polls as a

11  precinct register in lieu of the registration books. The

12  precinct register shall contain the date of the election, the

13  precinct number, and the following information concerning each

14  registered elector: last name, first name, and middle name or

15  initial; party affiliation; residence address; registration

16  number; date of birth; sex, if provided; race, if provided;

17  whether the voter needs assistance in voting; and such other

18  additional information as to readily identify the elector. The

19  precinct register may also contain a list of the forms of

20  identification, which must include, but is not limited to, a

21  Florida driver's license, a Florida identification card issued

22  under s. 322.051, or another form of picture identification

23  approved by the Department of State. The precinct register

24  shall may also contain a space for the elector's signature

25  and, a space for the initials of the witnessing clerk or

26  inspector, and a space for the signature slip or ballot

27  number.

28         Section 11.  Section 98.471, Florida Statutes, is

29  transferred, renumbered as section 101.043, Florida Statutes,

30  and amended to read:

31  

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 1         101.043 98.471  Identification required Use of precinct

 2  register at polls.--

 3         (1)  The precinct register, as prescribed in s. 98.461,

 4  shall may be used at the polls in lieu of the registration

 5  books for the purpose of identifying the elector at the polls

 6  prior to allowing him or her to vote. The clerk or inspector

 7  shall require each elector, upon entering the polling place,

 8  to present a current and valid Florida driver's license, a

 9  Florida identification card issued under s. 322.051, or

10  another form of picture identification as provided in s.

11  97.0535(3) approved by the Department of State. If the picture

12  identification does not contain the signature of the voter, an

13  additional identification that provides the voter's signature

14  shall be required. The elector shall sign his or her name in

15  the space provided, and the clerk or inspector shall compare

16  the signature with that on the identification provided by the

17  elector and enter his or her initials in the space provided

18  and allow the elector to vote if the clerk or inspector is

19  satisfied as to the identity of the elector.

20         (2)  Except as provided in subsection (3), if the

21  elector fails to furnish the required identification, or if

22  the clerk or inspector is in doubt as to the identity of the

23  elector, such clerk or inspector shall follow the procedure

24  prescribed in s. 101.49.

25         (3)  If an elector who fails to furnish the required

26  identification is a first-time voter who registered by mail

27  and does not provide the required identification to the

28  supervisor of elections prior to election day, the elector

29  shall be allowed to vote a provisional ballot. The canvassing

30  board shall determine the validity of the ballot pursuant to

31  s. 101.048(2).

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 1         Section 12.  Section 101.048, Florida Statutes, is

 2  amended to read:

 3         101.048  Provisional ballots.--

 4         (1)  At all elections, a voter claiming to be properly

 5  registered in the county and eligible to vote at the precinct

 6  in the election, but whose eligibility cannot be determined,

 7  and other persons specified in the election code, shall be

 8  entitled to vote a provisional ballot. Once voted, the

 9  provisional ballot shall be placed in a secrecy envelope and

10  thereafter sealed in a provisional ballot envelope. The

11  provisional ballot shall be deposited in a ballot box. All

12  provisional ballots shall remain sealed in their envelopes for

13  return to the supervisor of elections. The department shall

14  prescribe the form of the provisional ballot envelope.

15         (2)(a)  The county canvassing board shall examine each

16  provisional ballot envelope to determine if the person voting

17  that ballot was entitled to vote at the precinct where the

18  person cast a vote in the election and that the person had not

19  already cast a ballot in the election.

20         (b)1.  If it is determined that the person was

21  registered and entitled to vote at the precinct where the

22  person cast a vote in the election, the canvassing board shall

23  compare the signature on the provisional ballot envelope with

24  the signature on the voter's registration and, if it matches,

25  shall count the ballot.

26         2.  If it is determined that the person voting the

27  provisional ballot was not registered or entitled to vote at

28  the precinct where the person cast a vote in the election, the

29  provisional ballot shall not be counted and the ballot shall

30  remain in the envelope containing the Provisional Ballot

31  

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 1  Voter's Certificate and Affirmation and the envelope shall be

 2  marked "Rejected as Illegal."

 3         (3)  The Provisional Ballot Voter's Certificate and

 4  Affirmation shall be in substantially the following form:

 5  

 6  STATE OF FLORIDA

 7  COUNTY OF ....

 8  

 9         I do solemnly swear (or affirm) that my name is ....;

10  that my date of birth is ....; that I am registered to vote

11  and at the time I registered I resided at ...., in the

12  municipality of ...., in .... County, Florida; that I am

13  registered in the .... Party; that I am a qualified voter of

14  the county; and that I have not voted in this election.  I

15  understand that if I commit any fraud in connection with

16  voting, vote a fraudulent ballot, or vote more than once in an

17  election, I can be convicted of a felony of the third degree

18  and fined up to $5,000 and/or imprisoned for up to 5 years.

19                                      ...(Signature of Voter)...

20                               ...(Current Residence Address)...

21                                 ...(Current Mailing Address)...

22                                   ...(City, State, Zip Code)...

23                        ...(Driver's License Number or Last Four

24                            Digits of Social Security Number)...

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

26  ...(year)....

27  ...(Election Official)...

28  

29  Precinct # ....                Ballot Style/Party Issued: ....

30  

31  

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 1  Additional information may be provided to further assist the

 2  supervisor of elections in determining eligibility.

 3  

 4         (4)  In counties where the voting system does not

 5  utilize a paper ballot, the supervisor of elections may shall

 6  provide the appropriate provisional ballot to the voter by

 7  electronic means as provided for by the certified voting

 8  system. Each person casting a provisional ballot by electronic

 9  means shall, prior to casting the ballot, complete the

10  Provisional Ballot Voter's Certificate and Affirmation as

11  provided in subsection (3) ballots to each polling place.

12         (5)  Each person casting a provisional ballot shall be

13  given written instructions regarding the free access system

14  established pursuant to subsection (6). The instructions must

15  contain information on how to access the system and the

16  information the voter will need to provide to obtain

17  information on his or her particular ballot. The instructions

18  must also include the following statement: "If this is a

19  primary election, you should contact the supervisor of

20  elections' office immediately to confirm that you are

21  registered and can vote in the general election."

22         (6)  Each supervisor of elections shall establish a

23  free access system that allows each person who casts a

24  provisional ballot to determine whether his or her provisional

25  ballot was counted in the final canvass of votes and, if not,

26  the reasons why. Information regarding provisional ballots

27  shall be available no later than 30 days following the

28  election. The system established must restrict information

29  regarding an individual ballot to the person who cast the

30  ballot.

31  

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 1         Section 13.  Section 101.049, Florida Statutes, is

 2  created to read:

 3         101.049  Provisional ballots; special circumstances.--

 4         (1)  Any person who votes in an election after the

 5  regular poll closing time pursuant to a court or other order

 6  extending the statutory polling hours must vote a provisional

 7  ballot. Once voted, the provisional ballot shall be placed in

 8  a secrecy envelope and thereafter sealed in a provisional

 9  ballot envelope. The election official witnessing the voter's

10  subscription and affirmation on the Provisional Ballot Voter's

11  Certificate and Affirmation shall indicate whether or not the

12  voter met all requirements to vote a regular ballot at the

13  polls. Each such provisional ballot must remain sealed in its

14  envelope and shall be transmitted to the supervisor of

15  elections.

16         (2)  Separate and apart from all other ballots, the

17  county canvassing board shall count all late-voted provisional

18  ballots that the canvassing board determines to be valid.

19         (3)  The supervisor of elections shall ensure that

20  late-voted provisional ballots are not commingled with other

21  ballots during the canvassing process or at any other time

22  such ballots are statutorily required to be in the

23  supervisor's possession.

24         (4)  This section does not apply to voters in line at

25  the poll closing time provided in s. 100.011 who cast their

26  ballot subsequent to that time.

27         (5)  As an alternative, provisional ballots cast

28  pursuant to this section may be cast in accordance with the

29  provisions of s. 101.048(4).

30         Section 14.  Section 101.111, Florida Statutes, is

31  amended to read:

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 1         101.111  Person desiring to vote may be challenged;

 2  challenger to execute oath; oath of person challenged elector;

 3  determination of challenge.--

 4         (1)  When the right to vote of any person who desires

 5  to vote is challenged questioned by any elector or poll

 6  watcher, the challenge shall be reduced to writing with an

 7  oath as provided in this section, giving reasons for the

 8  challenge, which shall be delivered to the clerk or inspector.

 9  Any elector or authorized poll watcher challenging the right

10  of a person to vote an elector at an election shall execute

11  the oath set forth below:

12  

13                OATH OF PERSON ENTERING CHALLENGE

14  

15  State of Florida

16  County of ....

17  

18  I do solemnly swear that my name is ....; that I am a member

19  of the .... party; that I am .... years old; that I was born

20  in the state of.... or the country of ....; that my residence

21  address is .... on .... street, in the municipality of ....;

22  and that I have reason to believe that .... is attempting to

23  vote illegally and the reasons for my belief are set forth

24  herein to wit: ...............................................

25  ..............................................................

26  ..............................................................

27                   ...(Signature of person challenging voter)...

28  

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

30  ...(year)....

31                                       ...(Clerk of election)...

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 1  

 2         (2)  Before a person who is challenged elector is

 3  permitted to vote by any officer or person in charge of

 4  admission to the polling place, the challenged person's

 5  elector's right to vote shall be determined in accordance with

 6  the provisions of subsection (3).  The clerk or inspector

 7  shall immediately deliver to the challenged person elector a

 8  copy of the oath of the person entering the challenge and

 9  shall request the challenged person elector to execute the

10  following oath affidavit:

11  

12                 OATH OF PERSON CHALLENGED VOTER

13  

14  State of Florida

15  County of ....

16  

17  I do solemnly swear that my name is ....; that I am a member

18  of the .... party; that my date of birth is ....  I am ....

19  years old; that I was born in the state of .... or the country

20  of ....; that my residence address is .... on .... street, in

21  the municipality of ...., in this the .... precinct of ....

22  county; that I personally made application for registration

23  and signed my name and that I am a qualified voter in this

24  election, and I am not registered to vote in any other

25  precinct other than the one in which I am presently seeking to

26  vote.

27                               ...(Signature of person voter)...

28  

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

30  ...(year)....

31                          ...(Clerk of election or Inspector)...

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 1  

 2  Any inspector or clerk of election may administer the oath.

 3         (3)(a)  The clerk and inspectors shall compare the

 4  information in the challenged person's oath with that entered

 5  on the precinct register and shall take any other evidence

 6  that may be offered. The clerk and inspectors shall then

 7  decide by a majority vote whether the challenged person may

 8  vote a regular ballot.

 9         (b)  If the challenged person refuses to complete the

10  oath or if a majority of the clerk and inspectors doubt the

11  eligibility of the person to vote, the challenged person shall

12  be allowed to vote a provisional ballot. The oath of the

13  person entering the challenge and the oath of the person

14  challenged shall be attached to the provisional ballot for

15  transmittal to the canvassing board. If the challenged person

16  refuses to make and sign the affidavit, the clerk or inspector

17  shall refuse to allow him or her to vote. If such person makes

18  the affidavit, the inspectors and clerk of election shall

19  compare the information in the affidavit with that entered on

20  the registration books opposite the person's name, and, upon

21  such comparison of the information and the person's signature

22  and the taking of other evidence which may then be offered,

23  the clerk and inspectors shall decide by a majority vote

24  whether the challenged person may vote. If the challenged

25  person is unable to write or sign his or her name, the clerk

26  or inspector shall examine the precinct register to ascertain

27  whether the person registered under the name of such person is

28  represented to have signed his or her name.  If the person is

29  so represented, then he or she shall be denied permission to

30  vote without further examination; but, if not, then the clerk

31  or one of the inspectors shall place such person under oath

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 1  and orally examine him or her upon the subject matter

 2  contained in the affidavit, and, if there is any doubt as to

 3  the identity of such person, the clerk or inspector shall

 4  compare the person's appearance with the description entered

 5  upon the precinct register opposite the person's name. The

 6  clerk or inspector shall then proceed as in other cases to

 7  determine whether the challenged person may vote.

 8         Section 15.  Paragraph (a) of subsection (1) of section

 9  101.62, Florida Statutes, is amended to read:

10         101.62  Request for absentee ballots.--

11         (1)(a)  The supervisor may accept a request for an

12  absentee ballot from an elector in person or in writing.

13  Except as provided in s. 101.694, one request shall be deemed

14  sufficient to receive an absentee ballot for all elections

15  which are held within a calendar year, unless the elector or

16  the elector's designee indicates at the time the request is

17  made the elections for which the elector desires to receive an

18  absentee ballot.  Such request may be considered canceled when

19  any first-class mail sent by the supervisor to the elector is

20  returned as undeliverable.

21         Section 16.  Subsection (1) of section 101.64, Florida

22  Statutes, is amended to read:

23         101.64  Delivery of absentee ballots; envelopes;

24  form.--

25         (1)  The supervisor shall enclose with each absentee

26  ballot two envelopes:  a secrecy envelope, into which the

27  absent elector shall enclose his or her marked ballot; and a

28  mailing envelope, into which the absent elector shall then

29  place the secrecy envelope, which shall be addressed to the

30  supervisor and also bear on the back side a certificate in

31  substantially the following form:

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 1  

 2         Note:  Please Read Instructions Carefully Before

 3        Marking Ballot and Completing Voter's Certificate.

 4  

 5                       VOTER'S CERTIFICATE

 6         I, ...., do solemnly swear or affirm that I am a

 7  qualified and registered voter of .... County, Florida, and

 8  that I have not and will not vote more than one ballot in this

 9  election. I understand that if I commit or attempt to commit

10  any fraud in connection with voting, vote a fraudulent ballot,

11  or vote more than once in an election, I can be convicted of a

12  felony of the third degree and fined up to $5,000 and/or

13  imprisoned for up to 5 years.  I also understand that failure

14  to sign this certificate and have my signature properly

15  witnessed will invalidate my ballot.

16  

17  ...(Date)...                         ...(Voter's Signature)...

18  

19  Note: Your Signature Must Be Witnessed By One Witness 18 Years

20  of Age or Older as provided in item 9. 8 of the Instruction

21  Sheet.

22  

23  I swear or affirm that the voter signed this Voter's

24  Certificate in my presence.

25  

26  ...(Signature of Witness)...

27  

28  ...(Address)...

29                                              ...(City/State)...

30  

31  

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 1         Section 17.  Section 101.65, Florida Statutes, is

 2  amended to read:

 3         101.65  Instructions to absent electors.--The

 4  supervisor shall enclose with each absentee ballot separate

 5  printed instructions in substantially the following form:

 6  

 7  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

 8         1.  VERY IMPORTANT.  In order to ensure that your

 9  absentee ballot will be counted, it should be completed and

10  returned as soon as possible so that it can reach the

11  supervisor of elections of the county in which your precinct

12  is located no later than 7 p.m. on the day of the election.

13         2.  Mark your ballot in secret as instructed on the

14  ballot. You must mark your own ballot unless you are unable to

15  do so because of blindness, disability, or inability to read

16  or write.

17         3.  Mark only the number of candidates or issue choices

18  for a race as indicated on the ballot. If you are allowed to

19  "Vote for One" candidate and you vote for more than one, your

20  vote in that race will not be counted.

21         4.3.  Place your marked ballot in the enclosed secrecy

22  envelope.

23         5.4.  Insert the secrecy envelope into the enclosed

24  mailing envelope which is addressed to the supervisor.

25         6.5.  Seal the mailing envelope and completely fill out

26  the Voter's Certificate on the back of the mailing envelope.

27         7.6.  VERY IMPORTANT.  In order for your absentee

28  ballot to be counted, you must sign your name on the line

29  above (Voter's Signature).

30  

31  

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 1         8.7.  VERY IMPORTANT. If you are an overseas voter, you

 2  must include the date you signed the Voter's Certificate on

 3  the line above (Date) or your ballot may not be counted.

 4         9.8.  VERY IMPORTANT. In order for your absentee ballot

 5  to be counted, it must include the signature and address of a

 6  witness 18 years of age or older affixed to the Voter's

 7  Certificate. No candidate may serve as an attesting witness.

 8         10.9.  Mail, deliver, or have delivered the completed

 9  mailing envelope. Be sure there is sufficient postage if

10  mailed.

11         11.10.  FELONY NOTICE. It is a felony under Florida law

12  to accept any gift, payment, or gratuity in exchange for your

13  vote for a candidate. It is also a felony under Florida law to

14  vote in an election using a false identity or false address,

15  or under any other circumstances making your ballot false or

16  fraudulent.

17         Section 18.  Section 101.657, Florida Statutes, is

18  amended to read:

19         101.657  Voting absentee ballots in person.--

20         (1)  Any qualified and registered elector may pick up

21  and vote an absentee ballot in person at the office of, and

22  under the supervision of, the supervisor of elections. Before

23  receiving the ballot, the elector must present a current and

24  valid a Florida driver's license, a Florida identification

25  card issued under s. 322.051, or another form of picture

26  identification as provided in s. 97.0535(3) approved by the

27  Department of State. If the elector fails to furnish the

28  required identification, or if the supervisor is in doubt as

29  to the identity of the elector, the supervisor must follow the

30  procedure prescribed in s. 101.49. If an elector who fails to

31  furnish the required identification is a first-time voter who

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 1  registered by mail and has not provided the required

 2  identification to the supervisor of elections prior to voting,

 3  the elector shall be allowed to vote a provisional ballot. The

 4  canvassing board shall compare the signature on the

 5  provisional ballot envelope with the signature on the voter's

 6  registration and, if it matches, shall count the ballot.

 7         (2)  As an alternative to the provisions of ss. 101.64

 8  and 101.65, the supervisor of elections may allow an elector

 9  to cast an absentee ballot in the main or branch office of the

10  supervisor by depositing the voted ballot in a voting device

11  used by the supervisor to collect or tabulate ballots. The

12  results or tabulation may not be made before the close of the

13  polls on election day.

14         (a)  The elector must provide picture identification as

15  required in subsection (1) and must complete an In-Office

16  Voter Certificate in substantially the following form:

17  

18                   IN-OFFICE VOTER CERTIFICATE

19  

20  I, ...., am a qualified elector in this election and

21  registered voter of .... County, Florida. I do solemnly swear

22  or affirm that I am the person so listed on the voter

23  registration rolls of .... County and that I reside at the

24  listed address. I understand that if I commit or attempt to

25  commit fraud in connection with voting, vote a fraudulent

26  ballot, or vote more than once in an election I could be

27  convicted of a felony of the third degree and both fined up to

28  $5,000 and imprisoned for up to 5 years. I understand that my

29  failure to sign this certificate and have my signature

30  witnessed invalidates my ballot.

31  

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 1  

 2  ...(Voter's Signature)...

 3  

 4  ...(Address)...

 5  

 6  ...(City/State)...

 7  

 8  ...(Name of Witness)...

 9  

10  ...(Signature of Witness)...

11  

12  ...(Type of identification provided)...

13  

14         (b)  Any elector may challenge an elector seeking to

15  cast an absentee ballot under the provisions of s. 101.111.

16  Any challenged ballot must be placed in a regular absentee

17  ballot envelope. The canvassing board shall review the ballot

18  and decide the validity of the ballot by majority vote.

19         (c)  The canvass of returns for ballots cast under this

20  subsection shall be substantially the same as votes cast by

21  electors in precincts, as provided in s. 101.5614.

22         Section 19.  Section 101.6921, Florida Statutes, is

23  created to read:

24         101.6921  Delivery of special absentee ballot to

25  certain first-time voters.--

26         (1)  The provisions of this section apply to voters who

27  registered to vote by mail, who have not previously voted in

28  the county, and who have not provided the identification or

29  certification required by s. 97.0535 by the time the absentee

30  ballot is mailed.

31  

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 1         (2)  The supervisor of elections shall enclose with

 2  each absentee ballot three envelopes: a secrecy envelope, into

 3  which the absent elector will enclose his or her marked

 4  ballot; an envelope containing the Voter's Certificate, into

 5  which the absent elector shall place the secrecy envelope; and

 6  a mailing envelope, which shall be addressed to the supervisor

 7  and into which the absent elector will place the envelope

 8  containing the Voter's Certificate and a copy of the required

 9  identification.

10         (3)  The Voter's Certificate shall be in substantially

11  the following form:

12  

13  Note:  Please Read Instructions Carefully Before Marking

14  Ballot and Completing Voter's Certificate.

15                       VOTER'S CERTIFICATE

16  I, ...., do solemnly swear or affirm that I am a qualified and

17  registered voter of .... County, Florida, and that I have not

18  and will not vote more than one ballot in this election. I

19  understand that if I commit or attempt to commit any fraud in

20  connection with voting, vote a fraudulent ballot, or vote more

21  than once in an election I can be convicted of a felony of the

22  third degree and fined up to $5,000 and/or imprisoned for up

23  to 5 years. I also understand that failure to sign this

24  certificate and have my signature properly witnessed will

25  invalidate my ballot. I understand that unless I meet one of

26  the exemptions below, I must provide a copy of a current and

27  valid identification as provided in item 6. of the instruction

28  sheet to the supervisor of elections in order for my ballot to

29  count. I further certify that I am exempt from the

30  requirements to furnish a copy of a current and valid

31  

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 1  identification with my ballot because of one or more of the

 2  following:  (check all that apply)

 3   .... I am 65 years of age or older.

 4   .... I have a permanent or temporary physical disability.

 5   .... I am a member of a uniformed service on active duty who,

 6  by reason of such active duty, will be absent from the county

 7  on election day.

 8   .... I am a member of the merchant marine who, by reason of

 9  service in the merchant marine, will be absent from the county

10  on election day.

11   .... I am the spouse or dependent of a member of the

12  uniformed service or merchant marine who, by reason of the

13  active duty or service of the member, will be absent from the

14  county on election day.

15   .... I am currently residing outside the United States.

16  

17  ...(Date)...        ...Voter's Signature...

18  

19  Note:  Your signature must be witnessed by one witness 18

20  years of age or older as provided in item 5.b. of the

21  instruction sheet.

22  I swear or affirm that the voter signed this Voter's

23  Certificate in my presence.

24  

25  ...(Signature of witness)...

26  ...(Address)...

27  ...(City/State)...

28  

29         (4)  The certificate shall be arranged on the back of

30  the envelope so that the lines for the signatures of the

31  

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 1  absent elector and the attesting witness are across the seal

 2  of the envelope.

 3         Section 20.  Section 101.6923, Florida Statutes, is

 4  created to read:

 5         101.6923  Special absentee ballot instructions for

 6  certain first-time voters.--

 7         (1)  The provisions of this section apply to voters who

 8  registered to vote by mail, who have not previously voted in

 9  the county, and who have not provided the identification or

10  information required by s. 97.0535 by the time the absentee

11  ballot is mailed.

12         (2)  A voter who is subject to this section shall be

13  provided with the following printed instructions with his or

14  her absentee ballot in substantially the following form:

15  

16  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.

17  FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT

18  TO COUNT.

19  

20         1.  In order to ensure that your absentee ballot will

21  be counted, it should be completed and returned as soon as

22  possible so that it can reach the supervisor of elections of

23  the county in which your precinct is located no later than 7

24  p.m. on the date of the election.

25         2.  Mark your ballot in secret as instructed on the

26  ballot. You must mark your own ballot unless you are unable to

27  do so because of blindness, disability, or inability to read

28  or write.

29         3.  Mark only the number of candidates or issue choices

30  for a race as indicated on the ballot. If you are allowed to

31  

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 1  "Vote for One" candidate and you vote for more than one, your

 2  vote in that race will not be counted.

 3         4.  Place your marked ballot in the enclosed secrecy

 4  envelope and seal the envelope.

 5         5.  Insert the secrecy envelope into the enclosed

 6  envelope bearing the Voter's Certificate. Seal the envelope

 7  and completely fill out the Voter's Certificate on the back of

 8  the envelope.

 9         a.  You must sign your name on the line above (Voter's

10  Signature).

11         b.  You must have your signature witnessed. Have the

12  witness sign above (Signature of Witness) and include his or

13  her address. No candidate may serve as an attesting witness.

14         c.  If you are an overseas voter, you must include the

15  date you signed the Voter's Certificate on the line above

16  (Date) or your ballot may not be counted.

17         6.  Unless you meet one of the exemptions in 7., you

18  must make a copy of one of the following forms of

19  identification:

20         a.  Identification that must include your name and

21  photograph:  current and valid Florida driver's license;

22  Florida ID card issued by the Department of Highway Safety and

23  Motor Vehicles; United States Passport; Employee badge or ID;

24  Buyer's Club ID card; Debit card or credit card; Military ID;

25  Student ID; Retirement Center ID; Neighborhood Association ID;

26  Entertainment ID; or public assistance ID; or

27         b.  Identification that shows your name and current

28  residence address: current utility bill, bank statement,

29  government check, paycheck, or government document (excluding

30  voter identification card).

31  

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 1         7.  The identification requirements of 6. do not apply

 2  if you meet one of the following:

 3         a.  You are 65 years of age or older.

 4         b.  You have a temporary or permanent physical

 5  disability.

 6         c.  You are a member of a uniformed service on active

 7  duty who, by reason of such active duty, will be absent from

 8  the county on election day.

 9         d.  You are a member of the merchant marine who, by

10  reason of service in the merchant marine, will be absent from

11  the county on election day.

12         e.  You are the spouse or dependent of a member

13  referred to in c. or d. who, by reason of the active duty or

14  service of the member, will be absent from the county on

15  election day.

16         f.  You are currently residing outside the United

17  States.

18         8.  Place the envelope bearing the Voter's Certificate

19  into the mailing envelope addressed to the supervisor.  Insert

20  a copy of your identification in the mailing envelope. DO NOT

21  PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE

22  BALLOT OR INSIDE THE ENVELOPE THAT BEARS THE VOTER'S

23  CERTIFICATE OR YOUR BALLOT WILL NOT COUNT.

24         9.  Mail, deliver, or have delivered the completed

25  mailing envelope. Be sure there is sufficient postage if

26  mailed.

27         10.  FELONY NOTICE.  It is a felony under Florida law

28  to accept any gift, payment, or gratuity in exchange for your

29  vote for a candidate. It is also a felony under Florida law to

30  vote in an election using a false identity or false address,

31  

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 1  or under any other circumstances making your ballot false or

 2  fraudulent.

 3         Section 21.  Section 101.6925, Florida Statutes, is

 4  created to read:

 5         101.6925  Canvassing special absentee ballots.--

 6         (1)  The supervisor of elections of the county where

 7  the absent elector resides shall receive the voted special

 8  absentee ballot, at which time the mailing envelope shall be

 9  opened to determine if the voter has enclosed the

10  identification required or has indicated on the Voter's

11  Certificate that he or she is exempt from the identification

12  requirements.

13         (2)  If the identification is enclosed or the voter has

14  indicated that he or she is exempt from the identification

15  requirements, the supervisor shall make the note on the

16  registration records of the voter and proceed to canvass the

17  absentee ballot as provided in s. 101.68.

18         (3)  If the identification is not enclosed in the

19  mailing envelope and the voter has not indicated that he or

20  she is exempt from the identification requirements, the

21  supervisor shall check the voter registration records to

22  determine if the voter's identification was previously

23  received or the voter had previously notified the supervisor

24  that he or she was exempt. The envelope with the Voter's

25  Certificate shall not be opened unless the identification has

26  been received or the voter has indicated that he or she is

27  exempt. The ballot shall be treated as a provisional ballot

28  until 7 p.m. on election day, and shall not be canvassed

29  unless the supervisor has received the required identification

30  or written indication of exemption by 7 p.m. on election day.

31  

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 1         Section 22.  Subsection (1) of section 101.694, Florida

 2  Statutes, is amended to read:

 3         101.694  Mailing of ballots upon receipt of federal

 4  postcard application.--

 5         (1)  Upon receipt of a federal postcard application for

 6  an absentee ballot executed by a person whose registration is

 7  in order or whose application is sufficient to register or

 8  update the registration of that person, the supervisor shall

 9  mail to the applicant a ballot, if the ballots are available

10  for mailing. The federal postcard application request for an

11  absentee ballot shall be effective for all elections through

12  the next two regularly scheduled general elections.

13         Section 23.  Subsection (2) of section 102.141, Florida

14  Statutes, is amended to read:

15         102.141  County canvassing board; duties.--

16         (2)  The county canvassing board shall meet in a

17  building accessible to the public in the county where the

18  election occurred at a time and place to be designated by the

19  supervisor of elections to publicly canvass the absentee

20  electors' ballots as provided for in s. 101.68 and provisional

21  ballots as provided by ss. s. 101.048, 101.049, and 101.6925.

22  Provisional ballots cast pursuant to s. 101.049 shall be

23  canvassed in a manner that votes for candidates and issues on

24  those ballots can be segregated from other votes. Public

25  notice of the time and place at which the county canvassing

26  board shall meet to canvass the absentee electors' ballots and

27  provisional ballots shall be given at least 48 hours prior

28  thereto by publication once in one or more newspapers of

29  general circulation in the county or, if there is no newspaper

30  of general circulation in the county, by posting such notice

31  in at least four conspicuous places in the county.  As soon as

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 1  the absentee electors' ballots and the provisional ballots are

 2  canvassed, the board shall proceed to publicly canvass the

 3  vote given each candidate, nominee, constitutional amendment,

 4  or other measure submitted to the electorate of the county, as

 5  shown by the returns then on file in the office of the

 6  supervisor of elections and the office of the county court

 7  judge.

 8         Section 24.  (1)  Notwithstanding section 100.061,

 9  Florida Statutes, for the year 2004, a primary election for

10  nomination of candidates of political parties shall be held on

11  the Tuesday 9 weeks prior to the general election. The

12  candidate receiving the highest number of the votes cast in

13  each contest in the primary election shall be declared

14  nominated for such office. If two or more persons receive an

15  equal and highest number of votes for the same office, such

16  persons shall draw lots to determine who shall receive the

17  nomination.

18         (2)  Notwithstanding section 100.091, Florida Statutes,

19  or any other provision of the Florida Election Code to the

20  contrary, there shall be no second primary election between

21  the effective date of this act and January 1, 2006.

22         (3)(a)  No later than 5 p.m. of the 9th day following

23  the primary election in 2004, each candidate for Governor

24  shall designate a Lieutenant Governor as a running mate.  Such

25  designation must be made in writing to the Department of

26  State.

27         (b)  No later than the time specified in paragraph (a),

28  each designated candidate for Lieutenant Governor shall file

29  with the Department of State the qualifying papers specified

30  in section 99.063, Florida Statutes.

31  

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 1         (4)(a)  For the 2004 elections, following the last day

 2  of qualifying for office, reports pursuant to section 106.07,

 3  Florida Statutes, shall be filed on the 32nd, 18th, and 4th

 4  days immediately preceding the primary election and on the

 5  46th, 32nd, 18th, and 4th days immediately preceding the

 6  general election.

 7         (b)  For the 2004 elections, following the last day of

 8  qualifying for office, any statewide candidate who has

 9  requested to receive contributions from the Election Campaign

10  Financing Trust Fund or any statewide candidate in a race with

11  a candidate who has requested to receive contributions from

12  the trust fund shall file reports on the 4th, 11th, 18th,

13  25th, and 32nd days immediately preceding the primary election

14  and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd

15  days prior to the general election.

16         (5)  For the 2004 elections, there shall be two

17  elections for purposes of the contribution limits in section

18  106.08, Florida Statutes.

19         (6)  This section shall take effect January 2, 2004.

20         Section 25.  Effective upon this act becoming a law,

21  subsections (1), (5), and (8) of section 106.011, Florida

22  Statutes, are amended to read:

23         106.011  Definitions.--As used in this chapter, the

24  following terms have the following meanings unless the context

25  clearly indicates otherwise:

26         (1)(a)  "Political committee" means:

27         1.  A combination of two or more individuals, or a

28  person other than an individual, that, in an aggregate amount

29  in excess of $500 during a single calendar year:

30  

31  

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 1         a.  Accepts contributions for the purpose of making

 2  contributions to any candidate, political committee, committee

 3  of continuous existence, leadership fund, or political party;

 4         b.  Accepts contributions for the purpose of expressly

 5  advocating the election or defeat of a candidate or the

 6  passage or defeat of an issue;

 7         c.  Makes expenditures that expressly advocate the

 8  election or defeat of a candidate or the passage or defeat of

 9  an issue; or

10         d.  Makes contributions to a common fund, other than a

11  joint checking account between spouses, from which

12  contributions are made to any candidate, political committee,

13  committee of continuous existence, leadership fund, or

14  political party.

15         2.  The sponsor of a proposed constitutional amendment

16  by initiative who intends to seek the signatures of registered

17  electors.

18         (b)  Notwithstanding paragraph (a), the following

19  entities are not considered political committees for purposes

20  of this chapter:

21         1.  Organizations which are certified by the Department

22  of State as committees of continuous existence pursuant to s.

23  106.04, leadership funds, national political parties, and the

24  state and county executive committees of political parties

25  regulated by chapter 103.

26         2.  Corporations regulated by chapter 607 or chapter

27  617 or other business entities formed for purposes other than

28  to support or oppose issues or candidates, if their political

29  activities are limited to contributions to candidates,

30  political parties, leadership funds, or political committees

31  or expenditures in support of or opposition to an issue from

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 1  corporate or business funds and if no contributions are

 2  received by such corporations or business entities.

 3         (5)(a)  "Independent expenditure" means an expenditure

 4  by a person for the purpose of advocating the election or

 5  defeat of a candidate or the approval or rejection of an

 6  issue, which expenditure is not controlled by, coordinated

 7  with, or made upon consultation with, any candidate, political

 8  committee, or agent of such candidate or committee.  An

 9  expenditure for such purpose by a person having a contract

10  with the candidate, political committee, or agent of such

11  candidate or committee in a given election period shall not be

12  deemed an independent expenditure.

13         (b)  An expenditure for the purpose of advocating the

14  election or defeat of a candidate which is made by the

15  national, state, or county executive committee of a political

16  party, including any subordinate committee of a national,

17  state, or county committee of a political party, by a

18  leadership fund, or by any political committee or committee of

19  continuous existence, or any other person, shall not be

20  considered an independent expenditure if the committee or

21  person:

22         1.  Communicates with the candidate, the candidate's

23  campaign, or an agent of the candidate acting on behalf of the

24  candidate, including any pollster, media consultant,

25  advertising agency, vendor, advisor, or staff member,

26  concerning the preparation of, use of, or payment for, the

27  specific expenditure or advertising campaign at issue; or

28         2.  Makes a payment in cooperation, consultation, or

29  concert with, at the request or suggestion of, or pursuant to

30  any general or particular understanding with the candidate,

31  the candidate's campaign, a political committee supporting the

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 1  candidate, or an agent of the candidate relating to the

 2  specific expenditure or advertising campaign at issue; or

 3         3.  Makes a payment for the dissemination,

 4  distribution, or republication, in whole or in part, of any

 5  broadcast or any written, graphic, or other form of campaign

 6  material prepared by the candidate, the candidate's campaign,

 7  or an agent of the candidate, including any pollster, media

 8  consultant, advertising agency, vendor, advisor, or staff

 9  member; or

10         4.  Makes a payment based on information about the

11  candidate's plans, projects, or needs communicated to a member

12  of the committee or person by the candidate or an agent of the

13  candidate, provided the committee or person uses the

14  information in any way, in whole or in part, either directly

15  or indirectly, to design, prepare, or pay for the specific

16  expenditure or advertising campaign at issue; or

17         5.  After the last day of qualifying for statewide or

18  legislative office, consults about the candidate's plans,

19  projects, or needs in connection with the candidate's pursuit

20  of election to office and the information is used in any way

21  to plan, create, design, or prepare an independent expenditure

22  or advertising campaign, with:

23         a.  Any officer, director, employee, or agent of a

24  leadership fund, including a leader, or a national, state, or

25  county executive committee of a political party that has made

26  or intends to make expenditures in connection with or

27  contributions to the candidate; or

28         b.  Any person whose professional services have been

29  retained by a leadership fund or a national, state, or county

30  executive committee of a political party that has made or

31  

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 1  intends to make expenditures in connection with or

 2  contributions to the candidate; or

 3         6.  After the last day of qualifying for statewide or

 4  legislative office, retains the professional services of any

 5  person also providing those services to the candidate in

 6  connection with the candidate's pursuit of election to office;

 7  or

 8         7.  Arranges, coordinates, or directs the expenditure,

 9  in any way, with the candidate or an agent of the candidate.

10         (8)  "Person" means an individual or a corporation,

11  association, firm, partnership, joint venture, joint stock

12  company, club, organization, estate, trust, business trust,

13  syndicate, or other combination of individuals having

14  collective capacity. The term includes a leadership fund,

15  political party, political committee, or committee of

16  continuous existence.

17         Section 26.  Effective upon this act becoming a law,

18  subsection (3) of section 106.021, Florida Statutes, is

19  amended to read:

20         106.021  Campaign treasurers; deputies; primary and

21  secondary depositories.--

22         (3)  Except for independent expenditures, no

23  contribution or expenditure, including contributions or

24  expenditures of a candidate or of the candidate's family,

25  shall be directly or indirectly made or received in

26  furtherance of the candidacy of any person for nomination or

27  election to political office in the state or on behalf of any

28  political committee except through the duly appointed campaign

29  treasurer of the candidate or political committee; however, a

30  candidate or any other individual may be reimbursed for

31  expenses incurred for travel, food and beverage, office

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 1  supplies, and mementos expressing gratitude to campaign

 2  supporters by a check drawn upon the campaign account and

 3  reported pursuant to s. 106.07(4).  In addition, expenditures

 4  may be made directly by any political committee, by a leader

 5  expending leadership funds pursuant to s. 106.295, or by a

 6  political party regulated by chapter 103 for obtaining time,

 7  space, or services in or by any communications medium for the

 8  purpose of jointly endorsing three or more candidates, and any

 9  such expenditure shall not be considered a contribution or

10  expenditure to or on behalf of any such candidates for the

11  purposes of this chapter.

12         Section 27.  Effective upon this act becoming a law,

13  section 106.025, Florida Statutes, is amended to read:

14         106.025  Campaign fund raisers.--

15         (1)(a)  No campaign fund raiser may be held unless the

16  person for whom such funds are to be so used is a candidate

17  for public office.

18         (b)  All money and contributions received with respect

19  to such a campaign fund raiser shall be deemed to be campaign

20  contributions, and shall be accounted for, and subject to the

21  same restrictions, as other campaign contributions.  All

22  expenditures made with respect to such a campaign fund raiser

23  which are made or reimbursed by a check drawn on the campaign

24  depository of the candidate for whom the funds are to be used

25  and shall be deemed to be campaign expenditures to be

26  accounted for, and subject to the same restrictions, as other

27  campaign expenditures.

28         (c)  Any tickets or advertising for such a campaign

29  fund raiser shall contain the following statement:  "The

30  purchase of a ticket for, or a contribution to, the campaign

31  fund raiser is a contribution to the campaign of ...(name of

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 1  the candidate for whose benefit the campaign fund raiser is

 2  held)...."  Such tickets or advertising shall also comply with

 3  other provisions of this chapter relating to political

 4  advertising.

 5         (d)  Any person or candidate who holds a campaign fund

 6  raiser, or consents to a campaign fund raiser being held, in

 7  violation of the provisions of this subsection is guilty of a

 8  misdemeanor of the first degree, punishable as provided in s.

 9  775.082 or s. 775.083.

10         (2)  This section shall not apply to any campaign fund

11  raiser held on behalf of a leadership fund by the leader or on

12  behalf of a political party by the state or county executive

13  committee of such party, provided that the proceeds of such

14  campaign fund raiser are reported pursuant to s. 106.29.

15         Section 28.  Effective upon this act becoming a law,

16  subsections (1) and (4) of section 106.04, Florida Statutes,

17  are amended to read:

18         106.04  Committees of continuous existence.--

19         (1)  In order to qualify as a committee of continuous

20  existence for the purposes of this chapter, a group,

21  organization, association, or other such entity that which is

22  involved in making contributions to candidates, political

23  committees, leadership funds, or political parties, shall meet

24  the following criteria:

25         (a)  It shall be organized and operated in accordance

26  with a written charter or set of bylaws which contains

27  procedures for the election of officers and directors and

28  which clearly defines membership in the organization; and

29         (b)  At least 25 percent of the income of such

30  organization, excluding interest, must be derived from dues or

31  

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 1  assessments payable on a regular basis by its membership

 2  pursuant to provisions contained in the charter or bylaws.

 3         (4)(a)  Each committee of continuous existence shall

 4  file an annual report with the Division of Elections during

 5  the month of January.  Such annual reports shall contain the

 6  same information and shall be accompanied by the same

 7  materials as original applications filed pursuant to

 8  subsection (2). However, the charter or bylaws need not be

 9  filed if the annual report is accompanied by a sworn statement

10  by the chair that no changes have been made to such charter or

11  bylaws since the last filing.

12         (b)1.  Each committee of continuous existence shall

13  file regular reports with the Division of Elections at the

14  same times and subject to the same filing conditions as are

15  established by s. 106.07(1) and (2) for candidates' reports.

16         2.  Any committee of continuous existence failing to so

17  file a report with the Division of Elections pursuant to this

18  paragraph on the designated due date shall be subject to a

19  fine for late filing as provided by this section.

20         (c)  All committees of continuous existence shall file

21  the original and one copy of their reports with the Division

22  of Elections.  In addition, a duplicate copy of each report

23  shall be filed with the supervisor of elections in the county

24  in which the committee maintains its books and records, except

25  that if the filing officer to whom the committee is required

26  to report is located in the same county as the supervisor no

27  such duplicate report is required to be filed with the

28  supervisor.  Reports shall be on forms provided by the

29  division and shall contain the following information:

30         1.  The full name, address, and occupation of each

31  person who has made one or more contributions to the committee

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 1  during the reporting period, together with the amounts and

 2  dates of such contributions.  For corporations, the report

 3  must provide as clear a description as practicable of the

 4  principal type of business conducted by the corporation.

 5  However, if the contribution is $100 or less, the occupation

 6  of the contributor or principal type of business need not be

 7  listed.  However, for any contributions which represent the

 8  payment of dues by members in a fixed amount pursuant to the

 9  schedule on file with the Division of Elections, only the

10  aggregate amount of such contributions need be listed,

11  together with the number of members paying such dues and the

12  amount of the membership dues.

13         2.  The name and address of each political committee or

14  committee of continuous existence from which the reporting

15  committee received, or the name and address of each political

16  committee, committee of continuous existence, leadership fund,

17  or political party to which it made, any transfer of funds,

18  together with the amounts and dates of all transfers.

19         3.  Any other receipt of funds not listed pursuant to

20  subparagraph 1. or subparagraph 2., including the sources and

21  amounts of all such funds.

22         4.  The name and address of, and office sought by, each

23  candidate to whom the committee has made a contribution during

24  the reporting period, together with the amount and date of

25  each contribution.

26         (d)  The treasurer of each committee shall certify as

27  to the correctness of each report and shall bear the

28  responsibility for its accuracy and veracity.  Any treasurer

29  who willfully certifies to the correctness of a report while

30  knowing that such report is incorrect, false, or incomplete

31  

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 1  commits a misdemeanor of the first degree, punishable as

 2  provided in s. 775.082 or s. 775.083.

 3         Section 29.  Effective upon this act becoming a law,

 4  section 106.08, Florida Statutes, is amended to read:

 5         106.08  Contributions; limitations on.--

 6         (1)(a)  Except for political parties, no person,

 7  political committee, or committee of continuous existence may,

 8  in any election, make contributions in excess of $500 to any

 9  candidate for election to or retention in office or to any

10  political committee supporting or opposing one or more

11  candidates. Candidates for the offices of Governor and

12  Lieutenant Governor on the same ticket are considered a single

13  candidate for the purpose of this section.

14         (b)1.  The contribution limits provided in this

15  subsection do not apply to contributions made by a state or

16  county executive committee of a political party regulated by

17  chapter 103, a leader expending leadership funds, or to

18  amounts contributed by a candidate to his or her own campaign.

19         2.  Notwithstanding the limits provided in this

20  subsection, an unemancipated child under the age of 18 years

21  of age may not make a contribution in excess of $100 to any

22  candidate or to any political committee supporting one or more

23  candidates.

24         (c)  The contribution limits of this subsection apply

25  to each election. For purposes of this subsection, the first

26  primary, second primary, and general election are separate

27  elections so long as the candidate is not an unopposed

28  candidate as defined in s. 106.011(15).  However, for the

29  purpose of contribution limits with respect to candidates for

30  retention as a justice or judge, there is only one election,

31  which is the general election. With respect to candidates in a

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 1  circuit holding an election for circuit judge or in a county

 2  holding an election for county court judge, there are only two

 3  elections, which are the first primary election and general

 4  election.

 5         (2)(a)  A candidate may not accept contributions from

 6  national, state, or including any subordinate committee of a

 7  national, state, or county committee of a political party, and

 8  county executive committees of a political party, including

 9  any subordinate committee of a national, state, or county

10  committee of a political party, or from leadership funds

11  pursuant to s. 106.295, which contributions in the aggregate

12  exceed $50,000, no more than $25,000 of which may be accepted

13  prior to the 28-day period immediately preceding the date of

14  the general election.

15         (b)  Polling services, research services, costs for

16  campaign staff, professional consulting services, and

17  telephone calls are not contributions to be counted toward the

18  contribution limits of paragraph (a).  Any item not expressly

19  identified in this paragraph as nonallocable is a contribution

20  in an amount equal to the fair market value of the item and

21  must be counted as allocable toward the $50,000 contribution

22  limits of paragraph (a). Nonallocable, in-kind contributions

23  must be reported by the candidate under s. 106.07 and by the

24  political party and leader under s. 106.29.

25         (3)(a)  Any contribution received by a candidate with

26  opposition in an election or by the campaign treasurer or a

27  deputy campaign treasurer of such a candidate on the day of

28  that election or less than 5 days prior to the day of that

29  election must be returned by him or her to the person or

30  committee contributing it and may not be used or expended by

31  or on behalf of the candidate.

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 1         (b)  Except as otherwise provided in paragraph (c), any

 2  contribution received by a candidate or by the campaign

 3  treasurer or a deputy campaign treasurer of a candidate after

 4  the date at which the candidate withdraws his or her

 5  candidacy, or after the date the candidate is defeated,

 6  becomes unopposed, or is elected to office must be returned to

 7  the person or committee contributing it and may not be used or

 8  expended by or on behalf of the candidate.

 9         (c)  With respect to any campaign for an office in

10  which an independent or minor party candidate has filed as

11  required in s. 99.0955 or s. 99.096, but whose qualification

12  is pending a determination by the Department of State or

13  supervisor of elections as to whether or not the required

14  number of petition signatures was obtained:

15         1.  The department or supervisor shall, no later than 3

16  days after that determination has been made, notify in writing

17  all other candidates for that office of that determination.

18         2.  Any contribution received by a candidate or the

19  campaign treasurer or deputy campaign treasurer of a candidate

20  after the candidate has been notified in writing by the

21  department or supervisor that he or she has become unopposed

22  as a result of an independent or minor party candidate failing

23  to obtain the required number of petition signatures shall be

24  returned to the person, political committee, or committee of

25  continuous existence contributing it and shall not be used or

26  expended by or on behalf of the candidate.

27         (4)  Any contribution received by the chair, campaign

28  treasurer, or deputy campaign treasurer of a political

29  committee supporting or opposing a candidate with opposition

30  in an election or supporting or opposing an issue on the

31  ballot in an election on the day of that election or less than

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 1  5 days prior to the day of that election may not be obligated

 2  or expended by the committee until after the date of the

 3  election.

 4         (5)(a)  Except for expenditures from leadership funds

 5  as authorized in s. 106.295, a person may not make any

 6  contribution through or in the name of another, directly or

 7  indirectly, in any election.

 8         (b)  Candidates, political committees, leadership

 9  funds, and political parties may not solicit contributions

10  from any religious, charitable, civic, or other causes or

11  organizations established primarily for the public good.

12         (c)  Candidates, political committees, leadership

13  funds, and political parties may not make contributions, in

14  exchange for political support, to any religious, charitable,

15  civic, or other cause or organization established primarily

16  for the public good. It is not a violation of this paragraph

17  for:

18         1.  A candidate, political committee, leadership fund,

19  or political party executive committee to make gifts of money

20  in lieu of flowers in memory of a deceased person;

21         2.  A candidate to continue membership in, or make

22  regular donations from personal or business funds to,

23  religious, political party, civic, or charitable groups of

24  which the candidate is a member or to which the candidate has

25  been a regular donor for more than 6 months; or

26         3.  A candidate to purchase, with campaign funds,

27  tickets, admission to events, or advertisements from

28  religious, civic, political party, or charitable groups.

29         (6)  A political party or leadership fund may not

30  accept any contribution which has been specifically designated

31  for the partial or exclusive use of a particular candidate.

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 1  Any contribution so designated must be returned to the

 2  contributor and may not be used or expended by or on behalf of

 3  the candidate.

 4         (7)(a)  Any person who knowingly and willfully makes no

 5  more than one contribution in violation of subsection (1) or

 6  subsection (5), or any person who knowingly and willfully

 7  fails or refuses to return any contribution as required in

 8  subsection (3), commits a misdemeanor of the first degree,

 9  punishable as provided in s. 775.082 or s. 775.083.  If any

10  corporation, partnership, or other business entity or any

11  political party, political committee, or committee of

12  continuous existence is convicted of knowingly and willfully

13  violating any provision punishable under this paragraph, it

14  shall be fined not less than $1,000 and not more than $10,000.

15  If it is a domestic entity, it may be ordered dissolved by a

16  court of competent jurisdiction; if it is a foreign or

17  nonresident business entity, its right to do business in this

18  state may be forfeited.  Any officer, partner, agent,

19  attorney, or other representative of a corporation,

20  partnership, or other business entity or of a political party,

21  political committee, or committee of continuous existence who

22  aids, abets, advises, or participates in a violation of any

23  provision punishable under this paragraph commits a

24  misdemeanor of the first degree, punishable as provided in s.

25  775.082 or s. 775.083.

26         (b)  Any person who knowingly and willfully makes two

27  or more contributions in violation of subsection (1) or

28  subsection (5) commits a felony of the third degree,

29  punishable as provided in s. 775.082, s. 775.083, or s.

30  775.084.  If any corporation, partnership, or other business

31  entity or any political party, political committee, or

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 1  committee of continuous existence is convicted of knowingly

 2  and willfully violating any provision punishable under this

 3  paragraph, it shall be fined not less than $10,000 and not

 4  more than $50,000.  If it is a domestic entity, it may be

 5  ordered dissolved by a court of competent jurisdiction; if it

 6  is a foreign or nonresident business entity, its right to do

 7  business in this state may be forfeited.  Any officer,

 8  partner, agent, attorney, or other representative of a

 9  corporation, partnership, or other business entity, or of a

10  political committee, committee of continuous existence, or

11  political party who aids, abets, advises, or participates in a

12  violation of any provision punishable under this paragraph

13  commits a felony of the third degree, punishable as provided

14  in s. 775.082, s. 775.083, or s. 775.084.

15         (8)  Except when otherwise provided in subsection (7),

16  any person who knowingly and willfully violates any provision

17  of this section shall, in addition to any other penalty

18  prescribed by this chapter, pay to the state a sum equal to

19  twice the amount contributed in violation of this chapter.

20  Each campaign treasurer shall pay all amounts contributed in

21  violation of this section to the state for deposit in the

22  General Revenue Fund.

23         (9)  A leader who is also a candidate, including an

24  individual running for federal office, shall not accept or

25  expend his or her own leadership funds to support his or her

26  own candidacy.

27         (10)(9)  This section does not apply to the transfer of

28  funds between a primary campaign depository or primary

29  leadership depository and a savings account or certificate of

30  deposit or to any interest earned on such account or

31  certificate.

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 1         Section 30.  Effective upon this act becoming a law,

 2  subsection (3) of section 106.147, Florida Statutes, is

 3  amended to read:

 4         106.147  Telephone solicitation; disclosure

 5  requirements; prohibitions; exemptions; penalties.--

 6         (3)(a)  Any person who willfully violates any provision

 7  of this section commits a misdemeanor of the first degree,

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

 9         (b)  For purposes of paragraph (a), the term "person"

10  includes any candidate; any officer of any political

11  committee, committee of continuous existence, or political

12  party executive committee; any officer, partner, attorney, or

13  other representative of a corporation, partnership, or other

14  business entity; and any agent or other person acting on

15  behalf of any candidate, political committee, committee of

16  continuous existence, leadership fund, political party

17  executive committee, or corporation, partnership, or other

18  business entity.

19         Section 31.  Effective upon this act becoming a law,

20  section 106.148, Florida Statutes, is amended to read:

21         106.148  Disclosure of on-line computer

22  solicitation.--A message placed on an information system

23  accessible by computer by a candidate, leader expending

24  leadership funds, political party, political committee, or

25  committee of continuous existence, or an agent of any such

26  candidate, leadership fund, party, or committee, which message

27  is accessible by more than one person, other than an internal

28  communication of the leadership fund, party, committee, or

29  campaign, must include a statement disclosing all information

30  required of political advertisements under s. 106.143.

31  

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 1         Section 32.  Effective upon this act becoming a law,

 2  section 106.17, Florida Statutes, is amended to read:

 3         106.17  Polls and surveys relating to candidacies.--Any

 4  candidate, political committee, leader, or state or county

 5  executive committee of a political party may authorize or

 6  conduct a political poll, survey, index, or measurement of any

 7  kind relating to candidacy for public office so long as the

 8  candidate, political committee, leader, or political party

 9  maintains complete jurisdiction over the poll in all its

10  aspects.

11         Section 33.  Effective upon this act becoming a law,

12  section 106.29, Florida Statutes, is amended to read:

13         106.29  Reports by political parties and leadership

14  funds; restrictions on contributions and expenditures;

15  penalties.--

16         (1)  The state executive committee of each political

17  party regulated by chapter 103, and each county executive

18  committee of each political party regulated by chapter 103,

19  and each leader operating a leadership fund pursuant to s.

20  106.295, shall file regular reports of all contributions

21  received and all expenditures made by such committee.  Such

22  reports shall contain the same information as do reports

23  required of candidates by s. 106.07 and shall be filed on the

24  10th day following the end of each calendar quarter, except

25  that, during the period from the last day for candidate

26  qualifying until the general election, such reports shall be

27  filed on the Friday immediately preceding the first primary

28  election, the second primary election, and the general

29  election.  Each state executive committee and each leader

30  shall file the original and one copy of its reports with the

31  Division of Elections.  Each county executive committee shall

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 1  file its reports with the supervisor of elections in the

 2  county in which such committee exists.  Any state or county

 3  executive committee or any leader failing to file a report on

 4  the designated due date shall be subject to a fine as provided

 5  in subsection (3).  No separate fine shall be assessed for

 6  failure to file a copy of any report required by this section.

 7         (2)(a)  The chair and treasurer of each state or county

 8  executive committee, and the leader and treasurer of a

 9  leadership fund, shall certify as to the correctness of each

10  report filed by them on behalf of such committee or leadership

11  fund.  Any committee chair or treasurer, or any leader or

12  leadership fund treasurer, who certifies the correctness of

13  any report while knowing that such report is incorrect, false,

14  or incomplete commits a felony of the third degree, punishable

15  as provided in s. 775.082, s. 775.083, or s. 775.084.

16         (b)  If two or more leaders successively operate the

17  same leadership fund during a single reporting period, each

18  must file a separate report pursuant to paragraph (a) for the

19  period that he or she operated the fund.

20         (3)(a)  Any state or county executive committee, or any

21  leader, failing to file a report on the designated due date

22  shall be subject to a fine as provided in paragraph (b) for

23  each late day.  The fine shall be assessed by the filing

24  officer, or, in the case of a leader, by the division, and the

25  moneys collected shall be deposited in the Elections

26  Commission Trust Fund.

27         (b)  Upon determining that a state or county executive

28  committee report is late, the filing officer shall immediately

29  notify the chair of the executive committee as to the failure

30  to file a report by the designated due date and that a fine is

31  being assessed for each late day. Upon determining that a

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 1  leader's report is late, the division shall immediately notify

 2  the leader as to the failure to file a report by the

 3  designated due date and that a fine is being assessed for each

 4  late day. The fine shall be $1,000 for a state executive

 5  committee or leader, and $50 for a county executive committee,

 6  per day for each late day, not to exceed 25 percent of the

 7  total receipts or expenditures, whichever is greater, for the

 8  period covered by the late report.  However, if an executive

 9  committee or leader fails to file a report on the Friday

10  immediately preceding the general election, the fine shall be

11  $10,000 per day for each day a state executive committee or

12  leader is late and $500 per day for each day a county

13  executive committee is late.  Upon receipt of the report, the

14  division or filing officer, as appropriate, shall determine

15  the amount of the fine which is due and shall notify the

16  committee chair or leader.  The division or filing officer, as

17  appropriate, shall determine the amount of the fine due based

18  upon the earliest of the following:

19         1.  When the report is actually received by such

20  officer.

21         2.  When the report is postmarked.

22         3.  When the certificate of mailing is dated.

23         4.  When the receipt from an established courier

24  company is dated.

25  

26  Such fine shall be paid to the division or filing officer, as

27  appropriate, within 20 days after receipt of the notice of

28  payment due, unless appeal is made to the Florida Elections

29  Commission pursuant to paragraph (c).  An officer or member of

30  an executive committee or a leader shall not be personally

31  liable for such fine.

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 1         (c)  The chair of an executive committee or a leader

 2  may appeal or dispute the fine, based upon unusual

 3  circumstances surrounding the failure to file on the

 4  designated due date, and may request and shall be entitled to

 5  a hearing before the Florida Elections Commission, which shall

 6  have the authority to waive the fine in whole or in part.  Any

 7  such request shall be made within 20 days after receipt of the

 8  notice of payment due.  In such case, the chair of the

 9  executive committee or the leader shall, within the 20-day

10  period, notify the division or filing officer, as appropriate,

11  in writing of his or her intention to bring the matter before

12  the commission.

13         (d)  The division or the appropriate filing officer, as

14  appropriate, shall notify the Florida Elections Commission of

15  the repeated late filing by an executive committee or leader,

16  the failure of an executive committee or leader to file a

17  report after notice, or the failure to pay the fine imposed.

18         (4)  Any contribution received by a state or county

19  executive committee or a leadership fund less than 5 days

20  before an election shall not be used or expended in behalf of

21  any candidate, issue, or political party participating in such

22  election.

23         (5)  No state or county executive committee nor any

24  leadership fund, in the furtherance of any candidate or

25  political party, directly or indirectly, shall give, pay, or

26  expend any money, give or pay anything of value, authorize any

27  expenditure, or become pecuniarily liable for any expenditure

28  prohibited by this chapter. However, the contribution of funds

29  by one executive committee to another or to established party

30  organizations for legitimate party or campaign purposes is not

31  prohibited, but all such contributions shall be recorded and

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 1  accounted for in the reports of the contributor and recipient.

 2  Similarly, the contribution of funds by a national, state, or

 3  county executive committee to a leadership fund or from a

 4  leadership fund to such committee for legitimate party or

 5  leadership purposes is not prohibited, but all such

 6  contributions shall be recorded and accounted for in the

 7  reports of the contributor and recipient required by state

 8  law.

 9         (6)(a)  The national, state, and county executive

10  committees of a political party and leadership funds may not

11  contribute to any candidate any amount in excess of the limits

12  contained in s. 106.08(2), and all contributions required to

13  be reported under s. 106.08(2) by the national executive

14  committee of a political party shall be reported by the state

15  executive committee of that political party.

16         (b)  A violation of the contribution limits contained

17  in s. 106.08(2) is a misdemeanor of the first degree,

18  punishable as provided in s. 775.082 or s. 775.083. A civil

19  penalty equal to three times the amount in excess of the

20  limits contained in s. 106.08(2) shall be assessed against any

21  executive committee or leadership fund found in violation

22  thereof.

23         (7)  The division shall prescribe a form for reporting

24  leadership fund contributions and expenditures pursuant to

25  this section.

26         (8)  Notwithstanding any other provisions of this

27  chapter, in any reporting period during which a leadership

28  fund has not received any contributions or made any reportable

29  expenditures, the filing of the report for that period shall

30  be waived.  However, the next report filed must specify that

31  

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 1  it covers the entire period between the last submitted report

 2  and the report being filed.

 3         Section 34.  Effective upon this act becoming a law,

 4  section 106.295, Florida Statutes, is amended to read:

 5         106.295  Leadership fund.--

 6         (1)  For purposes of this section:

 7         (a)  "Leadership fund" means accounts comprised of any

 8  moneys contributed to a leader political party, directly or

 9  indirectly, which are designated for deposit into a primary

10  leadership depository. Such funds may to be used at the

11  partial or total discretion of the a leader for any purpose on

12  which the state or county executive committee of a political

13  party could spend its funds, and also for the payment of

14  leadership expenses.

15         (b)  "Leader" means the President of the Senate, the

16  Speaker of the House of Representatives, the majority leader

17  and the minority leader of each house, or any member

18  personally designated by the President of the Senate, the

19  Speaker of the House of Representatives, or such minority

20  leader, until such time as and any person designated by a

21  political caucus of members of either house formally

22  designates a successor to succeed to any such position who

23  shall, upon such designation, become the leader for purposes

24  of this chapter.

25         (2)  A leader operating a leadership fund shall appoint

26  a fund treasurer and designate a primary leadership depository

27  for the purpose of depositing all contributions received and

28  disbursing all expenditures made by the fund. Except for

29  expenditures made from petty cash funds pursuant to subsection

30  (3), each leader and treasurer shall make expenditures from

31  funds on deposit in such primary leadership depository only by

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 1  means of a bank check or debit card, subject to the same

 2  limitations governing primary campaign depositories as

 3  provided in s. 106.11.

 4         (3)  A leadership fund treasurer may withdraw funds

 5  from the primary leadership depository to establish a petty

 6  cash fund in the same manner and subject to the same

 7  limitations as apply to statewide candidates pursuant to s.

 8  106.12. For purposes of applying this subsection, the term

 9  "qualifying" in s. 106.12 shall refer to the period during

10  which state legislative candidates qualify with the Department

11  of State pursuant to chapter 99.

12         (4)  A leadership fund treasurer shall keep the same

13  type of detailed accounts with regard to the leadership fund

14  as a campaign treasurer keeps for a candidate pursuant to s.

15  106.06, except that the leadership fund treasurer shall

16  preserve the accounts kept for 2 years. Accounts kept by the

17  leadership fund treasurer shall be open to inspection as

18  provided in s. 106.06.

19         (2)  Leadership funds are prohibited in this state.  No

20  leader shall accept any leadership funds.

21         (3)  This section applies to leadership funds in

22  existence on or after January 1, 1990.

23         Section 35.  Effective upon this act becoming a law,

24  subsection (3) of section 106.33, Florida Statutes, is amended

25  to read:

26         106.33  Election campaign financing; eligibility.--Each

27  candidate for the office of Governor or member of the Cabinet

28  who desires to receive contributions from the Election

29  Campaign Financing Trust Fund shall, upon qualifying for

30  office, file a request for such contributions with the filing

31  officer on forms provided by the Division of Elections.  If a

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 1  candidate requesting contributions from the fund desires to

 2  have such funds distributed by electronic fund transfers, the

 3  request shall include information necessary to implement that

 4  procedure. For the purposes of ss. 106.30-106.36, candidates

 5  for Governor and Lieutenant Governor on the same ticket shall

 6  be considered as a single candidate.  To be eligible to

 7  receive contributions from the fund, a candidate may not be an

 8  unopposed candidate as defined in s. 106.011(15) and must:

 9         (3)  Limit loans or contributions from the candidate's

10  personal funds to $25,000 and contributions from leadership

11  funds and national, state, and county executive committees of

12  a political party to $25,000 in the aggregate, which loans or

13  contributions shall not qualify for meeting the threshold

14  amounts in subsection (2).

15         Section 36.  Subsection (13) of section 106.011,

16  Florida Statutes, is amended to read:

17         106.011  Definitions.--As used in this chapter, the

18  following terms have the following meanings unless the context

19  clearly indicates otherwise:

20         (13)  "Communications media" means broadcasting

21  stations, newspapers, magazines, outdoor advertising

22  facilities, printers, direct mailing companies, advertising

23  agencies, the Internet, and telephone companies; but with

24  respect to telephones, an expenditure shall be deemed to be an

25  expenditure for the use of communications media only if made

26  for the costs of telephones, paid telephonists, or automatic

27  telephone equipment to be used by a candidate or a political

28  committee to communicate with potential voters but excluding

29  any costs of telephones incurred by a volunteer for use of

30  telephones by such volunteer.

31  

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 1         Section 37.  Subsection (5) of section 106.11, Florida

 2  Statutes, is amended to read:

 3         106.11  Expenses of and expenditures by candidates and

 4  political committees.--Each candidate and each political

 5  committee which designates a primary campaign depository

 6  pursuant to s. 106.021(1) shall make expenditures from funds

 7  on deposit in such primary campaign depository only in the

 8  following manner, with the exception of expenditures made from

 9  petty cash funds provided by s. 106.12:

10         (5)  A candidate who withdraws his or her candidacy,

11  becomes an unopposed candidate, or is eliminated as a

12  candidate or elected to office may expend funds from the

13  campaign account to:

14         (a)  Purchase "thank you" advertising for up to 75 days

15  after he or she withdraws, becomes unopposed, or is eliminated

16  or elected.

17         (b)  Pay for items which were obligated before he or

18  she withdrew, became unopposed, or was eliminated or elected.

19         (c)  Pay for expenditures necessary to close down the

20  campaign office and to prepare final campaign reports.

21         (d)  Dispose of surplus funds as provided in s.

22  106.141.

23         Section 38.  Subsection (1) of section 106.141, Florida

24  Statutes, is amended to read:

25         106.141  Disposition of surplus funds by candidates.--

26         (1)  Each candidate who withdraws his or her candidacy,

27  becomes an unopposed candidate, or is eliminated as a

28  candidate, or is elected to office shall, no later than 90

29  days after such withdrawal, elimination, or election within 90

30  days, dispose of the funds on deposit in his or her campaign

31  account and file a report reflecting the disposition of all

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 1  remaining funds. Such candidate shall not accept any

 2  contributions, nor shall any person accept contributions on

 3  behalf of such candidate, after the candidate withdraws his or

 4  her candidacy, becomes an unopposed candidate, or is

 5  eliminated or elected. However, if a candidate receives a

 6  refund check after all surplus funds have been disposed of,

 7  the check may be endorsed by the candidate and the refund

 8  disposed of under this section.  An amended report must be

 9  filed showing the refund and subsequent disposition.

10         Section 39.  Section 106.1433, Florida Statutes, is

11  created to read:

12         106.1433  Florida Advertising campaign exposure;

13  electioneering advertisements; requirements.--

14         (1)  As used in this section, the term:

15         (a)  "Electioneering advertisement" means a paid

16  expression in any communications media prescribed in s.

17  106.011(13) published on the day of any election or any of the

18  the preceding 29 days which names or depicts a candidate for

19  office in that election or which references a clearly

20  identifiable ballot measure in that election. Any

21  advertisement that qualifies as an independent expenditure

22  pursuant to s. 106.011(5) or a political advertisement

23  pursuant to s. 106.011(17) is not an electioneering

24  advertisement for purposes of this section. However, the term

25  does not include:

26         1.  A statement or depiction by an organization, in

27  existence prior to the time during which the candidate named

28  or depicted qualifies or the issue clearly-referenced is

29  placed on the ballot for that election, made in that

30  organization's newsletter, which newsletter is distributed

31  only to members of that organization.

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 1         2.  An editorial endorsement by any newspaper, radio,

 2  or television station or other recognized news medium. 

 3         (b)  "Contribution" means:

 4         1.  A gift, subscription, conveyance, deposit, loan,

 5  payment, or distribution of money or anything of value,

 6  including contributions in kind having an attributable

 7  monetary value in any form, made for the purpose of funding or

 8  sponsoring an electioneering advertisement.

 9         2.  A transfer of funds between a political committee

10  or a committee or continuous existence and a person funding or

11  sponsoring an electioneering advertisement.

12         3.  The payment, by any person other than a candidate

13  or political committee, of compensation for the personal

14  services of another person which are rendered to a person

15  funding or sponsoring an electioneering advertisement.

16         (c)  "Expenditure" means a purchase, payment,

17  distribution, loan, advance, or gift of money or anything of

18  value made for the purpose of funding or sponsoring an

19  electioneering advertisement. However, the term does not

20  include a purchase, payment, distribution, loan, advance, or

21  gift of money or anything of value made for the purpose of

22  funding or sponsoring an electioneering advertisement when

23  made by an organization, in existence prior to the time during

24  which a candidate qualifies or a ballot measure is placed on

25  the ballot for that election, for the purpose of printing or

26  distributing such organization's newsletter, containing a

27  statement by such organization in support of or opposition to

28  a candidate or ballot measure, which newsletter is distributed

29  only to members of such organization.

30         (2)  Each person that sponsors or funds an

31  electioneering advertisement must file regular reports of all

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 1  contributions received and all expenditures made by such

 2  person with the same officer as a political committee

 3  supporting or opposing the candidate named or depicted or the

 4  ballot measure referenced in the advertisement. Such reports

 5  must contain the same information and are subject to the same

 6  filing requirements as reports required under s. 106.07 for

 7  candidates not receiving public financing.

 8         (3)(a)  If the initial publication of the

 9  electioneering advertisement occurs after the final regular

10  report is due under subsection (2) but prior to the closing of

11  the polls on election day, the person funding or sponsoring

12  the advertisement must file a report electronically with the

13  division no later than 1 hour after the initial publication of

14  the advertisement. The report must contain the same

15  information as required of a candidate by s. 106.07(4). Upon

16  receipt of the filing, the division shall electronically

17  transmit a confirmation of receipt to the person filing the

18  report. If the person is unable to file electronically for any

19  reason, a written report containing the required information

20  may be faxed or hand delivered to the division no later than 1

21  hour after the initial publication of the advertisement.

22  However, if a report due to be filed under this paragraph on a

23  Saturday, Sunday, or legal holiday cannot be electronically

24  filed because of problems with Internet communications, the

25  report must be filed either electronically, by facsimile, or

26  by hand delivery with the division no later than 10 a.m. on

27  the next business day.

28         (b)  The division shall adopt rules providing for

29  electronic filing which must, at a minimum, provide that:

30         1.  The division develop an electronic filing system

31  using the Internet or other on-line technologies; and

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 1         2.  The system be reasonably secure and be designed to

 2  elicit the name, address, birthdate, and any other information

 3  necessary to authenticate the identity of the person

 4  submitting the report.

 5         (c)  Information filed with the division pursuant to

 6  this subsection must also be included on the next regular

 7  report required under subsection (2).

 8         (4)(a)  The following persons shall be responsible for

 9  filing the reports required in subsections (2) and (3), shall

10  certify as to the correctness of each report, and shall bear

11  the responsibility for the accuracy and veracity of each

12  report:

13         1.  The candidate and his or her campaign treasurer, if

14  the person funding or sponsoring the electioneering

15  advertisement is a candidate.

16         2.  The committee chair and treasurer of the committee,

17  if the person funding or sponsoring the electioneering

18  advertisement is a political committee, committee of

19  continuous existence, or executive committee of a political

20  party;

21         3.  The individual, if the person funding or sponsoring

22  the electioneering advertisement is a natural person who is

23  not a candidate; or

24         4.  The organization's most senior officer, or, if

25  there is no formal organizational structure, the principal

26  organizer, if the person funding or sponsoring the

27  electioneering advertisement is a group other than a political

28  committee, committee of continuous existence, or executive

29  committee of a political party. The name, address, and title

30  of the designated individual must be filed with the division

31  

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 1  in writing prior to, or contemporaneous with, the filing of

 2  the initial report.

 3  

 4  Such a person is liable for violations of report filing

 5  requirements to the same extent as candidates pursuant to ss.

 6  106.07(5), 106.19, and 106.265.

 7         (b)  In addition to the penalties prescribed in

 8  paragraph (a), the person funding or sponsoring an

 9  electioneering advertisement and the person responsible for

10  reporting pursuant to this subsection shall be jointly and

11  severally liable for late filing fines assessed by the Florida

12  Elections Commission pursuant to s. 106.07(8). Any such person

13  may appeal or dispute the fine in accordance with the

14  provisions of s. 106.07(8)(c).

15         (5)  Any electioneering advertisement must be approved

16  by the individual required to certify reports pursuant to

17  subsection (4). Such individual shall provide a written

18  statement of authorization to the newspaper, radio station,

19  television station, or other medium for each such

20  advertisement contemporaneous with the advertisement's initial

21  publication, display, broadcast, or other distribution.

22         (6)(a)  If the person funding an electioneering

23  advertisement is an individual subject to certifying reports

24  pursuant to subparagraph (4)(a)1. or subparagraph (4)(a)3.,

25  the advertisement must prominently state, "Paid advertisement

26  paid for and approved by ... (Name of person funding the

27  electioneering advertisement)...," followed by the address of

28  the person funding the advertisement.

29         (b)  If the person funding an electioneering

30  advertisement is a group, organization, or committee subject

31  to certifying reports pursuant to subparagraph (4)(a)2. or

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 1  subparagraph (4)(a)4., the advertisement must prominently

 2  state, "Paid advertisement paid for and approved by ...(Name

 3  and title of individual(s) required to certify reports)... of

 4  ...(name of group, organization, or committee)...," followed

 5  by the address of the group, organization, or committee.

 6         (c)  The Florida Elections Commission is authorized,

 7  upon finding a violation of this subsection, to impose a civil

 8  penalty in the form of fines not to exceed $5,000 or the total

 9  cost of the advertisements without the proper disclaimer,

10  whichever is greater. In determining the amount of the

11  penalty, the commission must consider any mitigating or

12  aggravating circumstances prescribed in s. 106.265. This

13  penalty shall substitute for the penalties provided in s.

14  106.265, shall be deposited into the General Revenue Fund of

15  the state, and, if necessary, shall be collected pursuant to

16  s. 106.265(2).

17         (7)  Except for expenditures from leadership funds as

18  authorized in s. 106.295, a person may not make a contribution

19  through or in the name of another, directly or indirectly, for

20  the purpose of funding an electioneering advertisement.

21         Section 40.  Section 106.1437, Florida Statutes, is

22  amended to read:

23         106.1437  Miscellaneous advertisements.--Any

24  advertisement, other than a political advertisement, on

25  billboards, bumper stickers, radio, or television, or in a

26  newspaper, a magazine, or a periodical, intended to influence

27  public policy or the vote of a public official, shall clearly

28  designate the sponsor of such advertisement by including a

29  clearly readable statement of sponsorship.  If the

30  advertisement is broadcast on television, the advertisement

31  shall also contain a verbal statement of sponsorship.  This

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 1  section shall not apply to an editorial endorsement nor to any

 2  "electioneering advertisement" that includes a sponsorship

 3  disclaimer pursuant to s. 106.1433.

 4         Section 41.  If any provision of this act or its

 5  application to any person or circumstance is held invalid, the

 6  invalidity does not affect other provisions or applications of

 7  the act which can be given effect without the invalid

 8  provision or application, and to this end the provisions of

 9  this act are severable.

10         Section 42.  Except as otherwise expressly provided in

11  this act, this act shall take effect January 1, 2004.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         Senate Bill 1500

15                                 

16  The Committee Substitute differs from the original bill in
    that it:  retrofits many of Florida's existing laws to meet
17  the new, somewhat technical election administration
    requirements in the federal Help America Vote Act of 2002, in
18  areas such as voting technology, provisional ballots, and
    voter registration; extends the current second primary
19  sabbatical through December 31, 2005; authorizes and
    prescribes the requirements for the use of leadership funds by
20  legislative leaders; institutes reporting and disclaimer
    requirements for issue advocacy political advertisements; and,
21  modifies:  (a) the timetables for disposition of surplus funds
    by unopposed candidates; and, (b) sponsorship disclaimers for
22  political advertisements on the Internet.

23  

24  

25  

26  

27  

28  

29  

30  

31  

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