HB 1565

1	A bill to be entitled
2	An act relating to elections; amending s. 97.055, F.S.;
3	eliminating the book-closing period for voter
4	registration; providing registration and changes in
5	registration at the polls on election day; amending ss.
6	97.021, 97.053, 97.071, 98.065, 98.081, 98.231, 101.045,
7	and 101.663, F.S., to conform; repealing s. 97.0555, F.S.,
8	relating to late registration, to conform; amending s.
9	100.011, F.S.; delaying the closing of the polls; amending
10	ss. 101.65, 101.67, 101.6923, and 101.6925, F.S., to
11	conform; amending ss. 99.061 and 105.031, F.S.; providing
12	for earlier qualifying for nomination or election to
13	public office; amending ss. 99.095, 99.0955, and 99.096,
14	F.S.; providing for earlier filing of the oath to qualify
15	by the alternative method; amending ss. 100.061 and
16	100.091, F.S.; providing for earlier primary elections;
17	amending s. 106.07, F.S.; providing for additional
18	campaign finance reporting periods; removing a reference
19	to conform to changes made by the act; amending s.
20	101.048, F.S.; authorizing the voting of a provisional
21	ballot at a precinct in the county other than that of a
22	voter's legal residence under certain circumstances;
23	amending s. 101.151, F.S.; restricting the length of
24	ballots; amending s. 101.5606, F.S.; requiring voting
25	systems approved for use in this state to provide each
26	voter casting a ballot with a paper receipt that indicates
27	each vote cast on the ballot; providing for phase-in of
28	such requirement over 3 years and requiring the state to
29	fully fund the cost; amending s. 101.657, F.S.; revising
30	provisions relating to absentee voting to allow for
31	weekend voting; requiring the supervisor of elections to
32	provide additional locations for absentee voting;
33	authorizing the use of mobile voting units for absentee
34	voting; providing limitations; amending s. 110.117, F.S.;
35	making General Election Day a paid holiday observed by all
36	state branches and agencies; reenacting s. 683.01(1)(r),
37	F.S., relating to the designation of General Election Day
38	as a legal holiday; amending s. 106.161, F.S.; requiring
39	broadcast television and radio stations to provide certain
40	free air time to candidates for public office; creating a
41	task force to rebut false or inaccurate statements in
42	political campaigns; amending s. 106.08, F.S.; prohibiting
43	political committees from making contributions to
44	candidates for election to or retention in office;
45	providing a limit to contributions to state and county
46	executive committees of political parties; removing
47	provisions relating to nonallocable items for purposes of
48	limits on contributions from political party committees
49	and a related reporting requirement; providing penalties;
50	amending s. 106.021, F.S.; prohibiting an individual from
51	being appointed and serving as campaign treasurer for a
52	candidate and a political committee or any combination of
53	candidates and political committees; removing expenditure
54	authorization for certain joint endorsements; amending s.
55	106.03, F.S.; requiring a political committee to report
56	information relating to any candidate or political party
57	the committee opposes; amending s. 106.087, F.S.; removing
58	expenditure authorization for certain joint endorsements;
59	removing references to committees of continuous existence;
60	repealing s. 106.04, F.S., relating to organization,
61	certification, and duties of committees of continuous
62	existence; amending ss. 98.095, 98.0979, 101.62, 102.031,
63	106.07, 106.12, 106.147, 106.148, 106.23, 106.265, 106.27,
64	106.29, 106.33, 111.075, 112.3148, 112.3149, 1004.28,
65	1004.70, and 1004.71, F.S.; removing or correcting
66	references, to conform; amending s. 106.011, F.S.;
67	revising and removing definitions, to conform; expanding
68	the definition of "political advertisement"; amending s.
69	106.082, F.S.; revising provisions relating to campaign
70	financing restrictions on candidacies for Commissioner of
71	Agriculture; removing references to committees of
72	continuous existence; repealing s. 106.32(3), F.S.,
73	relating to deposit of certain obsolete assessments, to
74	conform; providing an effective date.
75
76	Be It Enacted by the Legislature of the State of Florida:
77
78	Section 1.  Section 97.055, Florida Statutes, is amended to
79	read:
80	97.055  Registration period open books; registration at
81	polls when closed for an election.--
82	(1)  The registration books shall remain open for purposes
83	of registration and changes in registration as authorized in
84	this code and may not must be closed on the 29th day before any
85	each election and must remain closed until after that election.
86	Any person who is eligible under s. 97.041 may register to vote
87	or update a voter registration at any time and in any manner
88	authorized in this code, including on the day of an election. If
89	an election is called and there are fewer than 29 days before
90	that election, the registration books must be closed
91	immediately. When the registration books are closed for an
92	election, voter registration and party changes must be accepted
93	but only for the purpose of subsequent elections. However, party
94	changes received between the book-closing date of the first
95	primary election and the date of the second primary election are
96	not effective until after the second primary election.
97	(2)  Any person eligible under s. 97.041 who wishes to
98	register to vote or update a voter registration on the day of an
99	election may do so at the polls, while the polls are open, by
100	completing a voter registration application to provide the
101	required information. However, if the person has previously
102	attempted to register either by mail or through the division, a
103	driver license office, a voter registration agency, or an armed
104	forces recruitment office and that registration has not been
105	received by the supervisor in time to include the person's name
106	on the registration books or precinct register for that
107	election, the person shall, prior to completing the voter
108	registration application at the polls, inform the supervisor,
109	deputy supervisor, or other authorized registration official of
110	the prior attempt to register. Any such prior registration or
111	update of such a registration received by the supervisor after
112	the election shall be considered obviated or superseded by the
113	registration or update of a registration at the polls on the day
114	of that election. In computing the 29-day period for the closing
115	of the registration books, the day of the election is excluded
116	and all other days are included. If the 29th day preceding an
117	election falls on a Sunday or a legal holiday, the registration
118	books must be closed on the next day that is not a Sunday or a
119	legal holiday.
120	Section 2.  Subsection (9) of section 97.021, Florida
121	Statutes, is amended to read:
122	97.021  Definitions.--For the purposes of this code, except
123	where the context clearly indicates otherwise, the term:
124	(9)  "Election costs" shall include, but not be limited to,
125	expenditures for all paper supplies such as envelopes,
126	instructions to voters, affidavits, reports, ballot cards,
127	ballot booklets for absentee voters, postage, and notices to
128	voters; advertisements for registration book closings, testing
129	of voting equipment, sample ballots, and polling places; forms
130	used to qualify candidates; polling site rental and equipment
131	delivery and pickup; data processing time and supplies; election
132	records retention; and labor costs, including those costs
133	uniquely associated with absentee ballot preparation, poll
134	workers, and election night canvass.
135	Section 3.  Subsection (4) of section 97.053, Florida
136	Statutes, is amended to read:
137	97.053  Acceptance of voter registration applications.--
138	(4)  The registration date for a valid initial voter
139	registration application that has been mailed and bears a clear
140	postmark is the date of the postmark. If an initial voter
141	registration application that has been mailed does not bear a
142	postmark or if the postmark is unclear, the registration date is
143	the date the registration is received by any supervisor or the
144	division, unless it is received within 5 days after the closing
145	of the books for an election, excluding Saturdays, Sundays, and
146	legal holidays, in which case the registration date is the book-
147	closing date.
148	Section 4.  Subsection (3) of section 97.071, Florida
149	Statutes, is amended to read:
150	97.071  Registration identification card.--
151	(3)  In the case of a change of name, address, or party
152	affiliation, the supervisor must issue the voter a new
153	registration identification card. However, a registration
154	identification card indicating a party affiliation change made
155	between the book-closing date of for the first primary election
156	and the date of the second primary election may not be issued
157	until after the second primary election.
158	Section 5.  Subsection (5) of section 98.065, Florida
159	Statutes, is amended to read:
160	98.065  Registration list maintenance programs.--
161	(5)  The supervisor must designate as inactive all voters
162	who have been sent an address confirmation final notice and who
163	have not returned the postage prepaid preaddressed return form
164	within 30 days. A voter on the inactive list must be allowed to
165	vote and to change the voter's name or address of legal
166	residence at the polls pursuant to s. 101.045. Names on the
167	inactive list may not be used to calculate the number of
168	signatures needed on any petition or the quantity of voting
169	equipment needed.
170	Section 6.  Subsections (1) and (3) of section 98.081,
171	Florida Statutes, are amended to read:
172	98.081  Names removed from registration books; restrictions
173	on reregistering; recordkeeping; restoration of erroneously or
174	illegally removed names.--
175	(1)  Any person who requested that his or her name be
176	removed from the registration books between the book-closing
177	date of the first primary and the date of the second primary may
178	not register in a different political party until after the date
179	of the second primary election.
180	(3)  When the name of any elector has been erroneously or
181	illegally removed from the registration books, the name of the
182	elector shall be restored by the supervisor upon satisfactory
183	proof, even though the registration period for that election is
184	closed.
185	Section 7.  Section 98.231, Florida Statutes, is amended to
186	read:
187	98.231  Supervisor of elections to furnish Department of
188	State number of registered electors.--The supervisor of each
189	county, not less than within 15 days after the closing of
190	registration books prior to the election, shall, for the county
191	and for each legislative and congressional district in which
192	such county or any portion thereof is located, advise the
193	Department of State of the total number of registered electors
194	of each political party in which any elector has registered and
195	the number of electors registered as independents or without
196	party affiliation.
197	Section 8.  Section 101.045, Florida Statutes, is amended
198	to read:
199	101.045  Electors must be registered in precinct;
200	provisions for residence or name change.--
201	(1)  No person shall be permitted to vote in any election
202	precinct or district other than the one in which the person has
203	his or her legal residence and in which the person is
204	registered. However, a person temporarily residing outside the
205	county shall be registered in the precinct in which the main
206	office of the supervisor, as designated by the supervisor, is
207	located when the person has no permanent address in the county
208	and it is the person's intention to remain a resident of Florida
209	and of the county in which he or she is registered to vote. Such
210	persons who are registered in the precinct in which the main
211	office of the supervisor, as designated by the supervisor, is
212	located and who are residing outside the county with no
213	permanent address in the county shall not be registered electors
214	of a municipality and therefore shall not be permitted to vote
215	in any municipal election.
216	(2)(a)  An elector who moves from the precinct within the
217	county in which the elector is registered may be permitted to
218	vote in the precinct to which he or she has moved his or her
219	legal residence or, provided such elector completes an
220	affirmation in substantially the following form:
221
222	Change of Legal Residence of Registered
223	Voter
224
225	Under penalties for false swearing, I, ...  (Name of voter)
226	..., swear (or affirm) that the former address of my legal
227	residence was ...  (Address of legal residence)  ... in the
228	municipality of _____, in _____ County, Florida, and I was
229	registered to vote in the _____ precinct of _____ County,
230	Florida; that I have not voted in the precinct of my former
231	registration in this election; that I now reside at ...
232	(Address of legal residence)  ... in the Municipality of _____,
233	in _____ County, Florida, and am therefore eligible to vote in
234	the _____ precinct of _____ County, Florida; and I further swear
235	(or affirm) that I am otherwise legally registered and entitled
236	to vote.
237
238	...  (Signature of voter whose address of legal residence has
239	changed)  ...
240
241	(b)  an elector whose name changes because of marriage or
242	other legal process may be permitted to vote, provided such
243	elector completes an affirmation in substantially the following
244	form:
245
246	Change of Name of Registered
247	Voter
248
249	Under penalties for false swearing, I, ...  (New name of voter)
250	..., swear (or affirm) that my name has been changed because of
251	marriage or other legal process. My former name and address of
252	legal residence appear on the registration books of precinct
253	_____ as follows:
254	Name
255	Address
256	Municipality
257	County
258	Florida, Zip
259	My present name and address of legal residence are as follows:
260	Name
261	Address
262	Municipality
263	County
264	Florida, Zip
265	and I further swear (or affirm) that I am otherwise legally
266	registered and entitled to vote.
267
268	...  (Signature of voter whose name has changed)  ...
269
270	(c)  Such affirmation, when completed and presented at the
271	precinct in which such elector is entitled to vote, and upon
272	verification of the elector's registration, shall entitle such
273	elector to vote as provided in this subsection. If the elector's
274	eligibility to vote cannot be determined, he or she shall be
275	entitled to vote a provisional ballot, subject to the
276	requirements and procedures in s. 101.048. Upon receipt of an
277	affirmation certifying a change in address of legal residence or
278	name, the supervisor shall as soon as practicable make the
279	necessary changes in the registration records of the county to
280	indicate the change in address of legal residence or name of
281	such elector.
282	(d)  Instead of the affirmation contained in paragraph (a)
283	or paragraph (b), an elector may complete a voter registration
284	application that indicates the change of name or change of
285	address of legal residence or change of name.
286	(b)(e)  A request for an absentee ballot pursuant to s.
287	101.62 which indicates that the elector has had a change of
288	address of legal residence from that in the supervisor's records
289	shall be sufficient as the notice to the supervisor of change of
290	address of legal residence required by this section. Upon
291	receipt of such request for an absentee ballot from an elector
292	who has changed his or her address of legal residence, the
293	supervisor shall provide the elector with the proper ballot for
294	the precinct in which the elector then has his or her legal
295	residence.
296	(3)  When an elector's name does not appear on the
297	registration books or precinct register of the election precinct
298	in which the elector claims to be is registered, the elector may
299	have his or her name restored by completing a voter registration
300	application to provide the required information indicating
301	eligibility under s. 97.041 if the supervisor is otherwise
302	satisfied that the elector is validly registered, that the
303	elector's name has been erroneously omitted from the books, and
304	that the elector is entitled to have his or her name restored.
305	The supervisor, if he or she is satisfied as to the elector's
306	previous registration, shall then allow such person to vote and
307	shall thereafter issue a duplicate registration identification
308	card.
309	Section 9.  Section 101.663, Florida Statutes, is amended
310	to read:
311	101.663  Electors; change of residence.--
312	(1)  An elector who changes his or her residence to another
313	county in Florida from the county in Florida in which he or she
314	is registered as an elector must register in the county of his
315	or her new residence prior to being allowed to vote in any
316	election and may not vote, either in person or by absentee
317	ballot, in the county of his or her former residence after the
318	books in the county to which the elector has changed his or her
319	residence are closed for any general, primary, or special
320	election shall be permitted to vote absentee in the county of
321	his or her former residence in that election for President and
322	Vice President, United States Senator, statewide offices, and
323	statewide issues. Such person shall not be permitted to vote in
324	the county of the person's former residence after the general
325	election.
326	(2)  An elector registered in this state who moves his or
327	her permanent residence to another state and who is prohibited
328	by the laws of that state from voting for the offices of
329	President and Vice President of the United States may shall be
330	permitted to vote absentee in the county of his or her former
331	residence for those offices.
332	Section 10.  Section 97.0555, Florida Statutes, is
333	repealed.
334	Section 11.  Subsection (1) of section 100.011, Florida
335	Statutes, is amended to read:
336	100.011  Opening and closing of polls, all elections;
337	expenses.--
338	(1)  The polls shall be open at the voting places at 7 7:00
339	a.m., on the day of the election, and shall be kept open until 9
340	7:00 p.m., of the same day, and the time shall be regulated by
341	the customary time in standard use in the county seat of the
342	locality. The inspectors shall make public proclamation of the
343	opening and closing of the polls. During the election and
344	canvass of the votes, the ballot box shall not be concealed.
345	Section 12.  Section 101.65, Florida Statutes, is amended
346	to read:
347	101.65  Instructions to absent electors.--The supervisor
348	shall enclose with each absentee ballot separate printed
349	instructions in substantially the following form:
350
351	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
352	1.  VERY IMPORTANT. In order to ensure that your absentee
353	ballot will be counted, it should be completed and returned as
354	soon as possible so that it can reach the supervisor of
355	elections of the county in which your precinct is located no
356	later than 9 7 p.m. on the day of the election.
357	2.  Mark your ballot in secret as instructed on the ballot.
358	You must mark your own ballot unless you are unable to do so
359	because of blindness, disability, or inability to read or write.
360	3.  Mark only the number of candidates or issue choices for
361	a race as indicated on the ballot. If you are allowed to "Vote
362	for One" candidate and you vote for more than one candidate,
363	your vote in that race will not be counted.
364	4.  Place your marked ballot in the enclosed secrecy
365	envelope.
366	5.  Insert the secrecy envelope into the enclosed mailing
367	envelope which is addressed to the supervisor.
368	6.  Seal the mailing envelope and completely fill out the
369	Voter's Certificate on the back of the mailing envelope.
370	7.  VERY IMPORTANT. In order for your absentee ballot to be
371	counted, you must sign your name on the line above (Voter's
372	Signature).
373	8.  VERY IMPORTANT. If you are an overseas voter, you must
374	include the date you signed the Voter's Certificate on the line
375	above (Date) or your ballot may not be counted.
376	9.  VERY IMPORTANT. In order for your absentee ballot to be
377	counted, it must include the signature and address of a witness
378	18 years of age or older affixed to the Voter's Certificate. No
379	candidate may serve as an attesting witness.
380	10.  Mail, deliver, or have delivered the completed mailing
381	envelope. Be sure there is sufficient postage if mailed.
382	11.  FELONY NOTICE. It is a felony under Florida law to
383	accept any gift, payment, or gratuity in exchange for your vote
384	for a candidate. It is also a felony under Florida law to vote
385	in an election using a false identity or false address, or under
386	any other circumstances making your ballot false or fraudulent.
387	Section 13.  Subsection (2) of section 101.67, Florida
388	Statutes, is amended to read:
389	101.67  Safekeeping of mailed ballots; deadline for
390	receiving absentee ballots.--
391	(2)  All marked absent electors' ballots to be counted must
392	be received by the supervisor by 9 7 p.m. the day of the
393	election. All ballots received thereafter shall be marked with
394	the time and date of receipt and filed in the supervisor's
395	office.
396	Section 14.  Subsection (2) of section 101.6923, Florida
397	Statutes, is amended to read:
398	101.6923  Special absentee ballot instructions for certain
399	first-time voters.--
400	(2)  A voter covered by this section shall be provided with
401	the following printed instructions with his or her absentee
402	ballot:
403
404	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
405	BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
406	BALLOT NOT TO COUNT.
407
408	1.  In order to ensure that your absentee ballot will be
409	counted, it should be completed and returned as soon as possible
410	so that it can reach the supervisor of elections of the county
411	in which your precinct is located no later than 9 7 p.m. on the
412	date of the election.
413	2.  Mark your ballot in secret as instructed on the ballot.
414	You must mark your own ballot unless you are unable to do so
415	because of blindness, disability, or inability to read or write.
416	3.  Mark only the number of candidates or issue choices for
417	a race as indicated on the ballot. If you are allowed to "Vote
418	for One" candidate and you vote for more than one, your vote in
419	that race will not be counted.
420	4.  Place your marked ballot in the enclosed secrecy
421	envelope and seal the envelope.
422	5.  Insert the secrecy envelope into the enclosed envelope
423	bearing the Voter's Certificate. Seal the envelope and
424	completely fill out the Voter's Certificate on the back of the
425	envelope.
426	a.  You must sign your name on the line above (Voter's
427	Signature).
428	b.  You must have your signature witnessed. Have the
429	witness sign above (Signature of Witness) and include his or her
430	address. No candidate may serve as an attesting witness.
431	c.  If you are an overseas voter, you must include the date
432	you signed the Voter's Certificate on the line above (Date) or
433	your ballot may not be counted.
434	6.  Unless you meet one of the exemptions in Item 7., you
435	must make a copy of one of the following forms of
436	identification:
437	a.  Identification which must include your name and
438	photograph: current and valid Florida driver's license; Florida
439	identification card issued by the Department of Highway Safety
440	and Motor Vehicles; United States passport; employee badge or
441	identification; buyer's club identification card; debit or
442	credit card; military identification; student identification;
443	retirement center identification; neighborhood association
444	identification; entertainment identification; or public
445	assistance identification; or
446	b.  Identification which shows your name and current
447	residence address: current utility bill, bank statement,
448	government check, paycheck, or government document (excluding
449	voter identification card).
450	7.  The identification requirements of Item 6. do not apply
451	if you meet one of the following requirements:
452	a.  You are 65 years of age or older.
453	b.  You have a temporary or permanent physical disability.
454	c.  You are a member of a uniformed service on active duty
455	who, by reason of such active duty, will be absent from the
456	county on election day.
457	d.  You are a member of the Merchant Marine who, by reason
458	of service in the Merchant Marine, will be absent from the
459	county on election day.
460	e.  You are the spouse or dependent of a member referred to
461	in paragraph c. or paragraph d. who, by reason of the active
462	duty or service of the member, will be absent from the county on
463	election day.
464	f.  You are currently residing outside the United States.
465	8.  Place the envelope bearing the Voter's Certificate into
466	the mailing envelope addressed to the supervisor. Insert a copy
467	of your identification in the mailing envelope. DO NOT PUT YOUR
468	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
469	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
470	BALLOT WILL NOT COUNT.
471	9.  Mail, deliver, or have delivered the completed mailing
472	envelope. Be sure there is sufficient postage if mailed.
473	10.  FELONY NOTICE. It is a felony under Florida law to
474	accept any gift, payment, or gratuity in exchange for your vote
475	for a candidate. It is also a felony under Florida law to vote
476	in an election using a false identity or false address, or under
477	any other circumstances making your ballot false or fraudulent.
478	Section 15.  Subsection (3) of section 101.6925, Florida
479	Statutes, is amended to read:
480	101.6925  Canvassing special absentee ballots.--
481	(3)  If the identification is not enclosed in the mailing
482	envelope and the voter has not indicated that he or she is
483	exempt from the identification requirements, the supervisor
484	shall check the voter registration records to determine if the
485	voter's identification was previously received or the voter had
486	previously notified the supervisor that he or she was exempt.
487	The envelope with the Voter's Certificate shall not be opened
488	unless the identification has been received or the voter has
489	indicated that he or she is exempt. The ballot shall be treated
490	as a provisional ballot until 9 7 p.m. on election day and shall
491	not be canvassed unless the supervisor has received the required
492	identification or written indication of exemption by 9 7 p.m. on
493	election day.
494	Section 16.  Subsections (1) and (2) of section 99.061,
495	Florida Statutes, are amended to read:
496	99.061  Method of qualifying for nomination or election to
497	federal, state, county, or district office.--
498	(1)  The provisions of any special act to the contrary
499	notwithstanding, each person seeking to qualify for nomination
500	or election to a federal, state, or multicounty district office,
501	other than election to a judicial office as defined in chapter
502	105 or the office of school board member, shall file his or her
503	qualification papers with, and pay the qualifying fee, which
504	shall consist of the filing fee and election assessment, and
505	party assessment, if any has been levied, to, the Department of
506	State, or qualify by the alternative method with the Department
507	of State, at any time after noon of the 1st day for qualifying,
508	which shall be as follows: the 120th day prior to the first
509	primary, but not later than noon of the 116th day prior to the
510	date of the first primary, for persons seeking to qualify for
511	nomination or election to federal office; and noon of the 64th
512	50th day prior to the first primary, but not later than noon of
513	the 60th 46th day prior to the date of the first primary, for
514	persons seeking to qualify for nomination or election to a state
515	or multicounty district office.
516	(2)  The provisions of any special act to the contrary
517	notwithstanding, each person seeking to qualify for nomination
518	or election to a county office, or district or special district
519	office not covered by subsection (1), shall file his or her
520	qualification papers with, and pay the qualifying fee, which
521	shall consist of the filing fee and election assessment, and
522	party assessment, if any has been levied, to, the supervisor of
523	elections of the county, or shall qualify by the alternative
524	method with the supervisor of elections, at any time after noon
525	of the 1st day for qualifying, which shall be the 64th 50th day
526	prior to the first primary or special district election, but not
527	later than noon of the 60th 46th day prior to the date of the
528	first primary or special district election. However, If a
529	special district election is held at the same time as the second
530	primary or general election, qualifying shall be the 50th day
531	prior to the first primary, but not later than noon of the 46th
532	day prior to the date of the first primary. Within 30 days after
533	the closing of qualifying time, the supervisor of elections
534	shall remit to the secretary of the state executive committee of
535	the political party to which the candidate belongs the amount of
536	the filing fee, two-thirds of which shall be used to promote the
537	candidacy of candidates for county offices and the candidacy of
538	members of the Legislature.
539	Section 17.  Subsection (1) of section 99.095, Florida
540	Statutes, is amended to read:
541	99.095  Alternative method of qualifying.--
542	(1)  A person seeking to qualify for nomination to any
543	office may qualify to have his or her name placed on the ballot
544	for the first primary election by means of the petitioning
545	process prescribed in this section. A person qualifying by this
546	alternative method shall not be required to pay the qualifying
547	fee or party assessment required by this chapter. A person using
548	this petitioning process shall file an oath with the officer
549	before whom the candidate would qualify for the office stating
550	that he or she intends to qualify by this alternative method for
551	the office sought. If the person is running for an office which
552	will be grouped on the ballot with two or more similar offices
553	to be filled at the same election, the candidate must indicate
554	in his or her oath for which group or district office he or she
555	is running. The oath shall be filed at any time after the first
556	Tuesday after the first Monday in November January of the year
557	immediately preceding the year in which the first primary is
558	held, but prior to the 21st day preceding the first day of the
559	qualifying period for the office sought. The Department of State
560	shall prescribe the form to be used in administering and filing
561	such oath. No signatures shall be obtained by a candidate on any
562	nominating petition until the candidate has filed the oath
563	required in this section. If the person is running for an office
564	which will be grouped on the ballot with two or more similar
565	offices to be filled at the same election and the petition does
566	not indicate the group or district office for which the person
567	is running, the signatures obtained on such petition will not be
568	counted.
569	Section 18.  Paragraph (a) of subsection (3) of section
570	99.0955, Florida Statutes, is amended to read:
571	99.0955  Candidates with no party affiliation; name on
572	general election ballot.--
573	(3)(a)  A candidate with no party affiliation may, in lieu
574	of paying the qualifying fee, qualify for office by the
575	alternative method prescribed in this subsection. A candidate
576	using this petitioning process shall file an oath with the
577	officer before whom the candidate would qualify for the office
578	stating that he or she intends to qualify by this alternative
579	method. If the person is running for an office that requires a
580	group or district designation, the candidate must indicate the
581	designation in his or her oath. The oath shall be filed at any
582	time after the first Tuesday after the first Monday in November
583	January of the year immediately preceding the year in which the
584	election is held, but before the 21st day preceding the first
585	day of the qualifying period for the office sought. The
586	Department of State shall prescribe the form to be used in
587	administering and filing the oath. Signatures may not be
588	obtained by a candidate on any petition until the candidate has
589	filed the oath required in this subsection. Upon receipt of the
590	written oath from a candidate, the qualifying officer shall
591	provide the candidate with petition forms in sufficient numbers
592	to facilitate the gathering of signatures. If the candidate is
593	running for an office that requires a group or district
594	designation, the petition must indicate that designation or the
595	signatures obtained on the petition will not be counted.
596	Section 19.  Paragraph (a) of subsection (3) of section
597	99.096, Florida Statutes, is amended to read:
598	99.096  Minor party candidates; names on ballot.--
599	(3)(a)  A minor party candidate may, in lieu of paying the
600	qualifying fee and party assessment, qualify for office by the
601	alternative method prescribed in this subsection. A candidate
602	using this petitioning process shall file an oath with the
603	officer before whom the candidate would qualify for the office
604	stating that he or she intends to qualify by this alternative
605	method. If the person is running for an office that requires a
606	group or district designation, the candidate must indicate the
607	designation in his or her oath. The oath must be filed at any
608	time after the first Tuesday after the first Monday in November
609	January of the year immediately preceding the year in which the
610	election is held, but before the 21st day preceding the first
611	day of the qualifying period for the office sought. The
612	Department of State shall prescribe the form to be used in
613	administering and filing the oath. Signatures may not be
614	obtained by a candidate on any petition until the candidate has
615	filed the oath required in this section. Upon receipt of the
616	written oath from a candidate, the qualifying officer shall
617	provide the candidate with petition forms in sufficient numbers
618	to facilitate the gathering of signatures. If the candidate is
619	running for an office that requires a group or district
620	designation, the petition must indicate that designation or the
621	signatures on such petition will not be counted.
622	Section 20.  Section 100.061, Florida Statutes, is amended
623	to read:
624	100.061  First primary election.--In each year in which a
625	general election is held, a first primary election for
626	nomination of candidates of political parties shall be held on
627	the Tuesday 15 9 weeks prior to the general election. Each
628	candidate receiving a majority of the votes cast in each contest
629	in the first primary election shall be declared nominated for
630	such office. A second primary election shall be held as provided
631	by s. 100.091 in every contest in which a candidate does not
632	receive a majority.
633	Section 21.  Subsection (1) of section 100.091, Florida
634	Statutes, is amended to read:
635	100.091  Second primary election.--
636	(1)  In each year in which a general election is held, a
637	second primary election for nomination of candidates of
638	political parties where nominations were not made in the first
639	primary election shall be held on the Tuesday 8 5 weeks prior to
640	the general election.
641	Section 22.  Subsection (1) of section 105.031, Florida
642	Statutes, is amended to read:
643	105.031  Qualification; filing fee; candidate's oath; items
644	required to be filed.--
645	(1)  TIME OF QUALIFYING.--Except for candidates for
646	judicial office, nonpartisan candidates for multicounty office
647	shall qualify with the Division of Elections of the Department
648	of State and nonpartisan candidates for countywide or less than
649	countywide office shall qualify with the supervisor of
650	elections. Candidates for judicial office other than the office
651	of county court judge shall qualify with the Division of
652	Elections of the Department of State, and candidates for the
653	office of county court judge shall qualify with the supervisor
654	of elections of the county. Candidates for judicial office shall
655	qualify no earlier than noon of the 120th day, and no later than
656	noon of the 116th day, before the first primary election.
657	Candidates for the office of school board member shall qualify
658	no earlier than noon of the 64th 50th day, and no later than
659	noon of the 60th 46th day, before the first primary election.
660	Filing shall be on forms provided for that purpose by the
661	Division of Elections and furnished by the appropriate
662	qualifying officer. Any person seeking to qualify by the
663	alternative method, as set forth in s. 105.035, if the person
664	has submitted the necessary petitions by the required deadline
665	and is notified after the fifth day prior to the last day for
666	qualifying that the required number of signatures has been
667	obtained, shall be entitled to subscribe to the candidate's oath
668	and file the qualifying papers at any time within 5 days from
669	the date he or she is notified that the necessary number of
670	signatures has been obtained. Any person other than a write-in
671	candidate who qualifies within the time prescribed in this
672	subsection shall be entitled to have his or her name printed on
673	the ballot.
674	Section 23.  Paragraphs (a) and (b) of subsection (1) of
675	section 106.07, Florida Statutes, are amended to read:
676	106.07  Reports; certification and filing.--
677	(1)  Each campaign treasurer designated by a candidate or
678	political committee pursuant to s. 106.021 shall file regular
679	reports of all contributions received, and all expenditures
680	made, by or on behalf of such candidate or political committee.
681	Reports shall be filed on the 10th day following the end of each
682	calendar quarter from the time the campaign treasurer is
683	appointed, except that, if the 10th day following the end of a
684	calendar quarter occurs on a Saturday, Sunday, or legal holiday,
685	the report shall be filed on the next following day which is not
686	a Saturday, Sunday, or legal holiday. Quarterly reports shall
687	include all contributions received and expenditures made during
688	the calendar quarter which have not otherwise been reported
689	pursuant to this section.
690	(a)  Except as provided in paragraph (b), following the
691	last day of qualifying for office, the reports shall be filed on
692	the 46th, 32nd, 18th, and 4th days immediately preceding the
693	first primary and on the 32nd, 18th, and 4th days immediately
694	preceding the second primary and general election, for a
695	candidate who is opposed in seeking nomination or election to
696	any office, or for a political committee, or for a committee of
697	continuous existence.
698	(b)  Following the last day of qualifying for office, any
699	statewide candidate who has requested to receive contributions
700	from the Election Campaign Financing Trust Fund or any statewide
701	candidate in a race with a candidate who has requested to
702	receive contributions from the trust fund shall file reports on
703	the 4th, 11th, 18th, 25th, and 32nd, 39th, and 46th days prior
704	to the first primary and general elections, and on the 4th,
705	11th, 18th, and 25th, 32nd, and 39th days prior to the second
706	primary.
707	Section 24.  Subsections (1) and (2) of section 101.048,
708	Florida Statutes, are amended to read:
709	101.048  Provisional ballots.--
710	(1)  At all elections, a voter claiming to be properly
711	registered in the county and eligible to vote at the precinct in
712	the election, but whose eligibility cannot be determined, and
713	other persons specified in the code shall be entitled to vote a
714	provisional ballot in the county in which the voter claims to be
715	registered, notwithstanding s. 101.045 or any other provision of
716	law to the contrary. Once voted, the provisional ballot shall be
717	placed in a secrecy envelope and thereafter sealed in a
718	provisional ballot envelope. The provisional ballot shall be
719	deposited in a ballot box. All provisional ballots shall remain
720	sealed in their envelopes for return to the supervisor of
721	elections. The department shall prescribe the form of the
722	provisional ballot envelope.
723	(2)(a)  The county canvassing board shall examine each
724	provisional ballot envelope to determine if the person voting
725	that ballot was entitled to vote at the precinct where the
726	person cast a vote in the election and that the person had not
727	already cast a ballot in the election.
728	(b)1.  If it is determined that the person was registered
729	and entitled to vote at the precinct where the person cast a
730	vote in the election, the canvassing board shall compare the
731	signature on the provisional ballot envelope with the signature
732	on the voter's registration and, if it matches, shall count the
733	ballot. The provisional ballot of a voter who is otherwise
734	entitled to vote shall not be rejected because the voter did not
735	cast his or her ballot in the precinct of his or her legal
736	residence. However, if the voter voted a ballot to which he or
737	she was not entitled, the canvassing board shall duplicate the
738	ballot for the races for which the voter was entitled to vote in
739	the precinct of the voter's legal residence and count the races
740	for which the voter was entitled to vote.
741	2.  If it is determined that the person voting the
742	provisional ballot was not registered or entitled to vote at the
743	precinct where the person cast a vote in the election, the
744	provisional ballot shall not be counted and the ballot shall
745	remain in the envelope containing the Provisional Ballot Voter's
746	Certificate and Affirmation and the envelope shall be marked
747	"Rejected as Illegal."
748	Section 25.  Subsection (8) of section 101.151, Florida
749	Statutes, is renumbered as subsection (9), and a new subsection
750	(8) is added to said section to read:
751	101.151  Specifications for ballots.--
752	(8)  A ballot may not exceed seven standard letter size
753	pages in length or the equivalent. The department shall provide
754	by rule what constitutes the equivalent ballot length for voting
755	systems that use a ballot card or paper ballot of a different
756	size and for electronic or electromechanical voting systems that
757	do not use a ballot card or paper ballot.
758	Section 26.  Subsection (16) is added to section 101.5606,
759	Florida Statutes, to read:
760	101.5606  Requirements for approval of systems.--No
761	electronic or electromechanical voting system shall be approved
762	by the Department of State unless it is so constructed that:
763	(16)  It provides each voter casting a ballot with a paper
764	receipt that indicates each vote cast on the ballot.
765	Section 27.  The implementation of the amendment of s.
766	101.5606, Florida Statutes, by this act requiring a paper
767	receipt for each voted ballot shall be phased in over a 3-year
768	period, as determined by the Division of Elections of the
769	Department of State, and the cost of such implementation shall
770	be fully funded by the state by appropriation to the division in
771	the General Appropriations Act each fiscal year of the phase-in
772	period.
773	Section 28.  Subsection (2) of section 101.657, Florida
774	Statutes, is amended to read:
775	101.657  Voting absentee ballots in person.--
776	(2)(a)  As an alternative to the provisions of ss. 101.64
777	and 101.65, the supervisor of elections may allow an elector to
778	cast an absentee ballot in the main or branch office of the
779	supervisor by depositing the voted ballot in a voting device
780	used by the supervisor to collect or tabulate ballots. The
781	results or tabulation may not be made before the close of the
782	polls on election day.
783	(b)  Three weeks prior to each primary and general
784	election, the supervisor of elections shall allow voting by
785	absentee ballot in the main office and each branch office each
786	day of the week, including Saturday and Sunday, for a period of
787	not less than 8 hours, beginning no later than 9 a.m. To the
788	extent practicable, the supervisor shall also provide for voting
789	by absentee ballot during this period in other locations located
790	equally throughout the county. Such locations may include
791	libraries, schools, and other facilities used as polling places
792	on election day.
793	(c)  The supervisor may authorize the use of mobile units
794	for purposes of voting an absentee ballot under this section,
795	provided the locations at which such units are set up do not
796	include any location regularly used by and associated with a
797	political party or partisan political organization.
798	(d)(a)  The elector must provide identification as required
799	in subsection (1) and must complete an In-Office Voter
800	Certificate in substantially the following form:
801
802	IN-OFFICE VOTER CERTIFICATE
803
804	I, _____, am a qualified elector in this election and registered
805	voter of _____ County, Florida. I do solemnly swear or affirm
806	that I am the person so listed on the voter registration rolls
807	of _____ County and that I reside at the listed address. I
808	understand that if I commit or attempt to commit fraud in
809	connection with voting, vote a fraudulent ballot, or vote more
810	than once in an election I could be convicted of a felony of the
811	third degree and both fined up to $5,000 and imprisoned for up
812	to 5 years. I understand that my failure to sign this
813	certificate and have my signature witnessed invalidates my
814	ballot.
815
816
817	...  (Voter's Signature)  ...
818
819	...  (Address)  ...
820
821	...  (City/State)  ...
822
823	...  (Name of Witness)  ...
824
825	...  (Signature of Witness)  ...
826
827	...  (Type of identification provided)  ...
828
829	(e)(b)  Any elector may challenge an elector seeking to
830	cast an absentee ballot under the provisions of s. 101.111. Any
831	challenged ballot must be placed in a regular absentee ballot
832	envelope. The canvassing board shall review the ballot and
833	decide the validity of the ballot by majority vote.
834	(f)(c)  The canvass of returns for ballots cast under this
835	subsection shall be substantially the same as votes cast by
836	electors in precincts, as provided in s. 101.5614.
837	Section 29.  Subsection (1) of section 110.117, Florida
838	Statutes, is amended to read:
839	110.117  Paid holidays.--
840	(1)  The following holidays shall be paid holidays observed
841	by all state branches and agencies:
842	(a)  New Year's Day.
843	(b)  Birthday of Martin Luther King, Jr., third Monday in
844	January.
845	(c)  Memorial Day.
846	(d)  Independence Day.
847	(e)  Labor Day.
848	(f)  General Election Day.
849	(g)(f)  Veterans' Day, November 11.
850	(h)(g)  Thanksgiving Day.
851	(i)(h)  Friday after Thanksgiving.
852	(j)(i)  Christmas Day.
853
854	(j)  If any of these holidays falls on Saturday, the
855	preceding Friday shall be observed as a holiday. If any of these
856	holidays falls on Sunday, the following Monday shall be observed
857	as a holiday.
858	Section 30.  Paragraph (r) of subsection (1) of section
859	683.01, Florida Statutes, is reenacted to read:
860	683.01  Legal holidays.--
861	(1)  The legal holidays, which are also public holidays,
862	are the following:
863	(r)  General Election Day.
864	Section 31.  Section 106.161, Florida Statutes, is amended
865	to read:
866	106.161  Air time available at the lowest unit rate.--To
867	the extent permitted by federal law, all broadcast radio and
868	television stations and all cable television stations shall make
869	air time available to candidates for public office at the lowest
870	unit rate. To the extent permitted by federal law, all broadcast
871	radio and television stations must offer 2.5 minutes of free air
872	time prior to each election to each candidate for public office
873	appearing on the ballot for that election within the area the
874	station covers.
875	Section 32.  There is created a task force to rebut false
876	or inaccurate statements in political campaigns. Each major
877	political party regulated under chapter 103, Florida Statutes,
878	and each minor political party, as defined in s. 97.021(14),
879	Florida Statutes, may select one member to serve on the task
880	force. Any rebuttal issued by the task force shall be considered
881	a public service announcement and not a political advertisement
882	and is not subject to reporting as a contribution or expenditure
883	under chapter 106, Florida Statutes. The cost of disseminating
884	the rebuttal shall be borne equally by the political parties
885	appointing members to the task force.
886	Section 33.  Section 106.08, Florida Statutes, is amended
887	to read:
888	106.08  Contributions; limitations on.--
889	(1)(a)  Except for political parties, No person, political
890	committee, or committee of continuous existence may, in any
891	election, make contributions in excess of $500 to any candidate
892	for election to or retention in office or to any political
893	committee supporting or opposing one or more candidates.
894	However, a political committee may not make a contribution to
895	any candidate for election to or retention in office. Candidates
896	for the offices of Governor and Lieutenant Governor on the same
897	ticket are considered a single candidate for the purpose of this
898	section.
899	(b)1.  The contribution limits provided in this subsection
900	do not apply to contributions made by a state or county
901	executive committee of a political party regulated by chapter
902	103 or to amounts contributed by a candidate to his or her own
903	campaign.
904	2.  Notwithstanding the limits provided in this subsection,
905	an unemancipated child under the age of 18 years of age may not
906	make a contribution in excess of $100 to any candidate or to any
907	political committee supporting one or more candidates.
908	(c)  The contribution limits of this subsection apply to
909	each election. For purposes of this subsection, the first
910	primary, second primary, and general election are separate
911	elections so long as the candidate is not an unopposed candidate
912	as defined in s. 106.011(14)(15). However, for the purpose of
913	contribution limits with respect to candidates for retention as
914	a justice or judge, there is only one election, which is the
915	general election. With respect to candidates in a circuit
916	holding an election for circuit judge or in a county holding an
917	election for county court judge, there are only two elections,
918	which are the first primary election and general election.
919	(2)  A person may not make contributions to the state and
920	county executive committees of a political party, including any
921	subordinate committee of a state or county executive committee
922	of a political party, which contributions, including in-kind
923	contributions, in the aggregate in any calendar year exceed
924	$5,000.
925	(3)(2)(a)  A candidate may not accept contributions from
926	national, state, including any subordinate committee of a
927	national, state, or county committee of a political party, and
928	county executive committees of a political party, which
929	contributions in the aggregate exceed $50,000, no more than
930	$25,000 of which may be accepted prior to the 28-day period
931	immediately preceding the date of the general election.
932	(b)  Polling services, research services, costs for
933	campaign staff, professional consulting services, and telephone
934	calls are not contributions to be counted toward the
935	contribution limits of paragraph (a). Any item not expressly
936	identified in this paragraph as nonallocable is a contribution
937	in an amount equal to the fair market value of the item and must
938	be counted as allocable toward the $50,000 contribution limits
939	of paragraph (a). Nonallocable, in-kind contributions must be
940	reported by the candidate under s. 106.07 and by the political
941	party under s. 106.29.
942	(4)(3)(a)  Any contribution received by a candidate with
943	opposition in an election or by the campaign treasurer or a
944	deputy campaign treasurer of such a candidate on the day of that
945	election or less than 5 days prior to the day of that election
946	must be returned by him or her to the person or committee
947	contributing it and may not be used or expended by or on behalf
948	of the candidate.
949	(b)  Except as otherwise provided in paragraph (c), any
950	contribution received by a candidate or by the campaign
951	treasurer or a deputy campaign treasurer of a candidate after
952	the date at which the candidate withdraws his or her candidacy,
953	or after the date the candidate is defeated, becomes unopposed,
954	or is elected to office must be returned to the person or
955	committee contributing it and may not be used or expended by or
956	on behalf of the candidate.
957	(c)  With respect to any campaign for an office in which an
958	independent or minor party candidate has filed as required in s.
959	99.0955 or s. 99.096, but whose qualification is pending a
960	determination by the Department of State or supervisor of
961	elections as to whether or not the required number of petition
962	signatures was obtained:
963	1.  The department or supervisor shall, no later than 3
964	days after that determination has been made, notify in writing
965	all other candidates for that office of that determination.
966	2.  Any contribution received by a candidate or the
967	campaign treasurer or deputy campaign treasurer of a candidate
968	after the candidate has been notified in writing by the
969	department or supervisor that he or she has become unopposed as
970	a result of an independent or minor party candidate failing to
971	obtain the required number of petition signatures shall be
972	returned to the person, political committee, or committee of
973	continuous existence contributing it and shall not be used or
974	expended by or on behalf of the candidate.
975	(5)(4)  Any contribution received by the chair, campaign
976	treasurer, or deputy campaign treasurer of a political committee
977	supporting or opposing a candidate with opposition in an
978	election or supporting or opposing an issue on the ballot in an
979	election on the day of that election or less than 5 days prior
980	to the day of that election may not be obligated or expended by
981	the committee until after the date of the election.
982	(6)(5)(a)  A person may not make any contribution through
983	or in the name of another, directly or indirectly, in any
984	election.
985	(b)  Candidates, political committees, and political
986	parties may not solicit contributions from any religious,
987	charitable, civic, or other causes or organizations established
988	primarily for the public good.
989	(c)  Candidates, political committees, and political
990	parties may not make contributions, in exchange for political
991	support, to any religious, charitable, civic, or other cause or
992	organization established primarily for the public good. It is
993	not a violation of this paragraph for:
994	1.  A candidate, political committee, or political party
995	executive committee to make gifts of money in lieu of flowers in
996	memory of a deceased person;
997	2.  A candidate to continue membership in, or make regular
998	donations from personal or business funds to, religious,
999	political party, civic, or charitable groups of which the
1000	candidate is a member or to which the candidate has been a
1001	regular donor for more than 6 months; or
1002	3.  A candidate to purchase, with campaign funds, tickets,
1003	admission to events, or advertisements from religious, civic,
1004	political party, or charitable groups.
1005	(7)(6)  A political party may not accept any contribution
1006	which has been specifically designated for the partial or
1007	exclusive use of a particular candidate. Any contribution so
1008	designated must be returned to the contributor and may not be
1009	used or expended by or on behalf of the candidate.
1010	(8)(7)(a)  Any person who knowingly and willfully makes no
1011	more than one contribution in violation of subsection (1),
1012	subsection (2), or subsection (6) (5), or any person who
1013	knowingly and willfully fails or refuses to return any
1014	contribution as required in subsection (4) (3), commits a
1015	misdemeanor of the first degree, punishable as provided in s.
1016	775.082 or s. 775.083. If any corporation, partnership, or other
1017	business entity or any political party or, political committee,
1018	or committee of continuous existence is convicted of knowingly
1019	and willfully violating any provision punishable under this
1020	paragraph, it shall be fined not less than $1,000 and not more
1021	than $10,000. If it is a domestic entity, it may be ordered
1022	dissolved by a court of competent jurisdiction; if it is a
1023	foreign or nonresident business entity, its right to do business
1024	in this state may be forfeited. Any officer, partner, agent,
1025	attorney, or other representative of a corporation, partnership,
1026	or other business entity or of a political party or, political
1027	committee, or committee of continuous existence who aids, abets,
1028	advises, or participates in a violation of any provision
1029	punishable under this paragraph commits a misdemeanor of the
1030	first degree, punishable as provided in s. 775.082 or s.
1031	775.083.
1032	(b)  Any person who knowingly and willfully makes two or
1033	more contributions in violation of subsection (1), subsection
1034	(2), or subsection (6), or any combination thereof, (5) commits
1035	a felony of the third degree, punishable as provided in s.
1036	775.082, s. 775.083, or s. 775.084. If any corporation,
1037	partnership, or other business entity or any political party or,
1038	political committee, or committee of continuous existence is
1039	convicted of knowingly and willfully violating any provision
1040	punishable under this paragraph, it shall be fined not less than
1041	$10,000 and not more than $50,000. If it is a domestic entity,
1042	it may be ordered dissolved by a court of competent
1043	jurisdiction; if it is a foreign or nonresident business entity,
1044	its right to do business in this state may be forfeited. Any
1045	officer, partner, agent, attorney, or other representative of a
1046	corporation, partnership, or other business entity, or of a
1047	political committee, committee of continuous existence, or
1048	political party who aids, abets, advises, or participates in a
1049	violation of any provision punishable under this paragraph
1050	commits a felony of the third degree, punishable as provided in
1051	s. 775.082, s. 775.083, or s. 775.084.
1052	(9)(8)  Except when otherwise provided in subsection (8)
1053	(7), any person who knowingly and willfully violates any
1054	provision of this section shall, in addition to any other
1055	penalty prescribed by this chapter, pay to the state a sum equal
1056	to twice the amount contributed in violation of this chapter.
1057	Each campaign treasurer shall pay all amounts contributed in
1058	violation of this section to the state for deposit in the
1059	General Revenue Fund.
1060	(10)(9)  This section does not apply to the transfer of
1061	funds between a primary campaign depository and a savings
1062	account or certificate of deposit or to any interest earned on
1063	such account or certificate.
1064	Section 34.  Paragraph (c) of subsection (1) and subsection
1065	(3) of section 106.021, Florida Statutes, are amended to read:
1066	106.021  Campaign treasurers; deputies; primary and
1067	secondary depositories.--
1068	(1)
1069	(c)  Any campaign treasurer or deputy treasurer appointed
1070	pursuant to this section shall be a registered voter in this
1071	state and shall, before such appointment may become effective,
1072	have accepted appointment to such position in writing and filed
1073	such acceptance with the officer before whom the candidate is
1074	required to qualify or with the officer with whom the political
1075	committee is required to file reports. An individual may not be
1076	appointed and serve as campaign treasurer of a candidate and a
1077	political committee or two or more candidates and political
1078	committees. A candidate may appoint herself or himself as
1079	campaign treasurer.
1080	(3)  Except for independent expenditures, no contribution
1081	or expenditure, including contributions or expenditures of a
1082	candidate or of the candidate's family, shall be directly or
1083	indirectly made or received in furtherance of the candidacy of
1084	any person for nomination or election to political office in the
1085	state or on behalf of any political committee except through the
1086	duly appointed campaign treasurer of the candidate or political
1087	committee; however, a candidate or any other individual may be
1088	reimbursed for expenses incurred for travel, food and beverage,
1089	office supplies, and mementos expressing gratitude to campaign
1090	supporters by a check drawn upon the campaign account and
1091	reported pursuant to s. 106.07(4). In addition, expenditures may
1092	be made directly by any political committee or political party
1093	regulated by chapter 103 for obtaining time, space, or services
1094	in or by any communications medium for the purpose of jointly
1095	endorsing three or more candidates, and any such expenditure
1096	shall not be considered a contribution or expenditure to or on
1097	behalf of any such candidates for the purposes of this chapter.
1098	Section 35.  Subsection (2) of section 106.03, Florida
1099	Statutes, is amended to read:
1100	106.03  Registration of political committees.--
1101	(2)  The statement of organization shall include:
1102	(a)  The name and address of the committee;
1103	(b)  The names, addresses, and relationships of affiliated
1104	or connected organizations;
1105	(c)  The area, scope, or jurisdiction of the committee;
1106	(d)  The name, address, and position of the custodian of
1107	books and accounts;
1108	(e)  The name, address, and position of other principal
1109	officers, including officers and members of the finance
1110	committee, if any;
1111	(f)  The name, address, office sought, and party
1112	affiliation of:
1113	1.  Each candidate whom the committee is supporting or
1114	opposing;
1115	2.  Any other individual, if any, whom the committee is
1116	supporting or opposing for nomination for election, or election,
1117	to any public office whatever;
1118	(g)  Any issue or issues such organization is supporting or
1119	opposing;
1120	(h)  If the committee is supporting or opposing the entire
1121	ticket of any party, a statement to that effect and the name of
1122	the party;
1123	(i)  A statement of whether the committee is a continuing
1124	one;
1125	(j)  Plans for the disposition of residual funds which will
1126	be made in the event of dissolution;
1127	(k)  A listing of all banks, safe-deposit boxes, or other
1128	depositories used for committee funds; and
1129	(l)  A statement of the reports required to be filed by the
1130	committee with federal officials, if any, and the names,
1131	addresses, and positions of such officials.
1132	Section 36.  Section 106.04, Florida Statutes, is repealed.
1133	Section 37.  Paragraph (d) of subsection (2) of section
1134	98.095, Florida Statutes, is amended to read:
1135	98.095  County registers open to inspection; copies.--
1136	(2)  The information provided by the supervisor pursuant to
1137	this section shall be furnished only to:
1138	(d)  Registered political committees, registered committees
1139	of continuous existence, and political parties or officials
1140	thereof, for political purposes only; and
1141
1142	Such information shall not be used for commercial purposes. No
1143	person to whom a list of registered voters is made available
1144	pursuant to this section, and no person who acquires such a
1145	list, shall use any information contained therein for purposes
1146	which are not related to elections, political or governmental
1147	activities, voter registration, or law enforcement.
1148	Section 38.  Paragraph (d) of subsection (2) of section
1149	98.0979, Florida Statutes, is amended to read:
1150	98.0979  Statewide voter registration database open to
1151	inspection; copies.--
1152	(2)  The information provided by the division or supervisor
1153	of elections pursuant to this section shall be furnished only
1154	to:
1155	(d)  Registered political committees, certified committees
1156	of continuous existence, and political parties or officials
1157	thereof, for political purposes only; and
1158	Section 39.  Subsection (3) of section 101.62, Florida
1159	Statutes, is amended to read:
1160	101.62  Request for absentee ballots.--
1161	(3)  For each request for an absentee ballot received, the
1162	supervisor shall record the date the request was made, the date
1163	the absentee ballot was delivered or mailed, the date the ballot
1164	was received by the supervisor, and such other information he or
1165	she may deem necessary. This information shall be confidential
1166	and exempt from the provisions of s. 119.07(1) and shall be made
1167	available to or reproduced only for a canvassing board, an
1168	election official, a political party or official thereof, a
1169	candidate who has filed qualification papers and is opposed in
1170	an upcoming election, and registered political committees or
1171	registered committees of continuous existence, for political
1172	purposes only.
1173	Section 40.  Paragraph (c) of subsection (3) of section
1174	102.031, Florida Statutes, is amended to read:
1175	102.031  Maintenance of good order at polls; authorities;
1176	persons allowed in polling rooms; unlawful solicitation of
1177	voters.--
1178	(3)
1179	(c)  No person, political committee, committee of
1180	continuous existence, or other group or organization may solicit
1181	voters within 50 feet of the entrance to any polling place, or
1182	polling room where the polling place is also a polling room, on
1183	the day of any election.
1184	1.  Solicitation shall not be restricted if:
1185	a.  Conducted from a separately marked area within the 50-
1186	foot zone so as not to disturb, hinder, impede, obstruct, or
1187	interfere with voter access to the polling place or polling room
1188	entrance; and
1189	b.  The solicitation activities and subject matter are
1190	clearly and easily identifiable by the voters as an activity in
1191	which they may voluntarily participate; or
1192	c.  Conducted on property within the 50-foot zone which is
1193	a residence, established business, private property, sidewalk,
1194	park, or property traditionally utilized as a public area for
1195	discussion.
1196	2.  Solicitation shall not be permitted within the 50-foot
1197	zone on a public sidewalk or other similar means of access to
1198	the polling room if it is clearly identifiable to the poll
1199	workers that the solicitation is impeding, obstructing, or
1200	interfering with voter access to the polling room or polling
1201	place.
1202	Section 41.  Section 106.011, Florida Statutes, is amended
1203	to read:
1204	106.011  Definitions.--As used in this chapter, the
1205	following terms have the following meanings unless the context
1206	clearly indicates otherwise:
1207	(1)(a)  "Political committee" means:
1208	1.  A combination of two or more individuals, or a person
1209	other than an individual, that, in an aggregate amount in excess
1210	of $500 during a single calendar year:
1211	a.  Accepts contributions for the purpose of making
1212	contributions to any candidate, political committee, committee
1213	of continuous existence, or political party;
1214	b.  Accepts contributions for the purpose of expressly
1215	advocating the election or defeat of a candidate or the passage
1216	or defeat of an issue;
1217	c.  Makes expenditures that expressly advocate the election
1218	or defeat of a candidate or the passage or defeat of an issue;
1219	or
1220	d.  Makes contributions to a common fund, other than a
1221	joint checking account between spouses, from which contributions
1222	are made to any candidate, political committee, committee of
1223	continuous existence, or political party.
1224	2.  The sponsor of a proposed constitutional amendment by
1225	initiative who intends to seek the signatures of registered
1226	electors.
1227	(b)  Notwithstanding paragraph (a), the following entities
1228	are not considered political committees for purposes of this
1229	chapter:
1230	1.  Organizations which are certified by the Department of
1231	State as committees of continuous existence pursuant to s.
1232	106.04, National political parties, and the state and county
1233	executive committees of political parties regulated by chapter
1234	103.
1235	2.  Corporations regulated by chapter 607 or chapter 617 or
1236	other business entities formed for purposes other than to
1237	support or oppose issues or candidates, if their political
1238	activities are limited to contributions to candidates, political
1239	parties, or political committees or expenditures in support of
1240	or opposition to an issue from corporate or business funds and
1241	if no contributions are received by such corporations or
1242	business entities.
1243	(2)  "Committee of continuous existence" means any group,
1244	organization, association, or other such entity which is
1245	certified pursuant to the provisions of s. 106.04.
1246	(2)(3)  "Contribution" means:
1247	(a)  A gift, subscription, conveyance, deposit, loan,
1248	payment, or distribution of money or anything of value,
1249	including contributions in kind having an attributable monetary
1250	value in any form, made for the purpose of influencing the
1251	results of an election.
1252	(b)  A transfer of funds between political committees,
1253	between committees of continuous existence, or between a
1254	political committee and a committee of continuous existence.
1255	(c)  The payment, by any person other than a candidate or
1256	political committee, of compensation for the personal services
1257	of another person which are rendered to a candidate or political
1258	committee without charge to the candidate or committee for such
1259	services.
1260	(d)  The transfer of funds by a campaign treasurer or
1261	deputy campaign treasurer between a primary depository and a
1262	separate interest-bearing account or certificate of deposit, and
1263	the term includes any interest earned on such account or
1264	certificate.
1265
1266	Notwithstanding the foregoing meanings of "contribution," the
1267	word shall not be construed to include services, including, but
1268	not limited to, legal and accounting services, provided without
1269	compensation by individuals volunteering a portion or all of
1270	their time on behalf of a candidate or political committee. This
1271	definition shall not be construed to include editorial
1272	endorsements.
1273	(3)(4)  "Expenditure" means a purchase, payment,
1274	distribution, loan, advance, transfer of funds by a campaign
1275	treasurer or deputy campaign treasurer between a primary
1276	depository and a separate interest-bearing account or
1277	certificate of deposit, or gift of money or anything of value
1278	made for the purpose of influencing the results of an election.
1279	However, "expenditure" does not include a purchase, payment,
1280	distribution, loan, advance, or gift of money or anything of
1281	value made for the purpose of influencing the results of an
1282	election when made by an organization, in existence prior to the
1283	time during which a candidate qualifies or an issue is placed on
1284	the ballot for that election, for the purpose of printing or
1285	distributing such organization's newsletter, containing a
1286	statement by such organization in support of or opposition to a
1287	candidate or issue, which newsletter is distributed only to
1288	members of such organization.
1289	(4)(5)(a)  "Independent expenditure" means an expenditure
1290	by a person for the purpose of advocating the election or defeat
1291	of a candidate or the approval or rejection of an issue, which
1292	expenditure is not controlled by, coordinated with, or made upon
1293	consultation with, any candidate, political committee, or agent
1294	of such candidate or committee. An expenditure for such purpose
1295	by a person having a contract with the candidate, political
1296	committee, or agent of such candidate or committee in a given
1297	election period shall not be deemed an independent expenditure.
1298	(b)  An expenditure for the purpose of advocating the
1299	election or defeat of a candidate which is made by the national,
1300	state, or county executive committee of a political party,
1301	including any subordinate committee of a national, state, or
1302	county committee of a political party, or by any political
1303	committee or committee of continuous existence, or any other
1304	person, shall not be considered an independent expenditure if
1305	the committee or person:
1306	1.  Communicates with the candidate, the candidate's
1307	campaign, or an agent of the candidate acting on behalf of the
1308	candidate, including any pollster, media consultant, advertising
1309	agency, vendor, advisor, or staff member, concerning the
1310	preparation of, use of, or payment for, the specific expenditure
1311	or advertising campaign at issue; or
1312	2.  Makes a payment in cooperation, consultation, or
1313	concert with, at the request or suggestion of, or pursuant to
1314	any general or particular understanding with the candidate, the
1315	candidate's campaign, a political committee supporting the
1316	candidate, or an agent of the candidate relating to the specific
1317	expenditure or advertising campaign at issue; or
1318	3.  Makes a payment for the dissemination, distribution, or
1319	republication, in whole or in part, of any broadcast or any
1320	written, graphic, or other form of campaign material prepared by
1321	the candidate, the candidate's campaign, or an agent of the
1322	candidate, including any pollster, media consultant, advertising
1323	agency, vendor, advisor, or staff member; or
1324	4.  Makes a payment based on information about the
1325	candidate's plans, projects, or needs communicated to a member
1326	of the committee or person by the candidate or an agent of the
1327	candidate, provided the committee or person uses the information
1328	in any way, in whole or in part, either directly or indirectly,
1329	to design, prepare, or pay for the specific expenditure or
1330	advertising campaign at issue; or
1331	5.  After the last day of qualifying for statewide or
1332	legislative office, consults about the candidate's plans,
1333	projects, or needs in connection with the candidate's pursuit of
1334	election to office and the information is used in any way to
1335	plan, create, design, or prepare an independent expenditure or
1336	advertising campaign, with:
1337	a.  Any officer, director, employee, or agent of a
1338	national, state, or county executive committee of a political
1339	party that has made or intends to make expenditures in
1340	connection with or contributions to the candidate; or
1341	b.  Any person whose professional services have been
1342	retained by a national, state, or county executive committee of
1343	a political party that has made or intends to make expenditures
1344	in connection with or contributions to the candidate; or
1345	6.  After the last day of qualifying for statewide or
1346	legislative office, retains the professional services of any
1347	person also providing those services to the candidate in
1348	connection with the candidate's pursuit of election to office;
1349	or
1350	7.  Arranges, coordinates, or directs the expenditure, in
1351	any way, with the candidate or an agent of the candidate.
1352	(5)(6)  "Election" means any primary election, special
1353	primary election, general election, special election, or
1354	municipal election held in this state for the purpose of
1355	nominating or electing candidates to public office, choosing
1356	delegates to the national nominating conventions of political
1357	parties, or submitting an issue to the electors for their
1358	approval or rejection.
1359	(6)(7)  "Issue" means any proposition which is required by
1360	the State Constitution, by law or resolution of the Legislature,
1361	or by the charter, ordinance, or resolution of any political
1362	subdivision of this state to be submitted to the electors for
1363	their approval or rejection at an election, or any proposition
1364	for which a petition is circulated in order to have such
1365	proposition placed on the ballot at any election.
1366	(7)(8)  "Person" means an individual or a corporation,
1367	association, firm, partnership, joint venture, joint stock
1368	company, club, organization, estate, trust, business trust,
1369	syndicate, or other combination of individuals having collective
1370	capacity. The term includes a political party or, political
1371	committee, or committee of continuous existence.
1372	(8)(9)  "Campaign treasurer" means an individual appointed
1373	by a candidate or political committee as provided in this
1374	chapter.
1375	(9)(10)  "Public office" means any state, county,
1376	municipal, or school or other district office or position which
1377	is filled by vote of the electors.
1378	(10)(11)  "Campaign fund raiser" means any affair held to
1379	raise funds to be used in a campaign for public office.
1380	(11)(12)  "Division" means the Division of Elections of the
1381	Department of State.
1382	(12)(13)  "Communications media" means broadcasting
1383	stations, newspapers, magazines, outdoor advertising facilities,
1384	printers, direct mailing companies, advertising agencies, and
1385	telephone companies; but with respect to telephones, an
1386	expenditure shall be deemed to be an expenditure for the use of
1387	communications media only if made for the costs of telephones,
1388	paid telephonists, or automatic telephone equipment to be used
1389	by a candidate or a political committee to communicate with
1390	potential voters but excluding any costs of telephones incurred
1391	by a volunteer for use of telephones by such volunteer.
1392	(13)(14)  "Filing officer" means the person before whom a
1393	candidate qualifies or, the agency or officer with whom a
1394	political committee registers, or the agency by whom a committee
1395	of continuous existence is certified.
1396	(14)(15)  "Unopposed candidate" means a candidate for
1397	nomination or election to an office who, after the last day on
1398	which any person, including a write-in candidate, may qualify,
1399	is without opposition in the election at which the office is to
1400	be filled or who is without such opposition after such date as a
1401	result of any primary election or of withdrawal by other
1402	candidates seeking the same office. A candidate is not an
1403	unopposed candidate if there is a vacancy to be filled under s.
1404	100.111(4), if there is a legal proceeding pending regarding the
1405	right to a ballot position for the office sought by the
1406	candidate, or if the candidate is seeking retention as a justice
1407	or judge.
1408	(15)(16)  "Candidate" means any person to whom any one or
1409	more of the following apply:
1410	(a)  Any person who seeks to qualify for nomination or
1411	election by means of the petitioning process.
1412	(b)  Any person who seeks to qualify for election as a
1413	write-in candidate.
1414	(c)  Any person who receives contributions or makes
1415	expenditures, or consents for any other person to receive
1416	contributions or make expenditures, with a view to bring about
1417	his or her nomination or election to, or retention in, public
1418	office.
1419	(d)  Any person who appoints a treasurer and designates a
1420	primary depository.
1421	(e)  Any person who files qualification papers and
1422	subscribes to a candidate's oath as required by law.
1423
1424	However, this definition does not include any candidate for a
1425	political party executive committee.
1426	(16)(a)(17)  "Political advertisement" means a paid
1427	expression in any communications media prescribed in subsection
1428	(12) (13), whether radio, television, newspaper, magazine,
1429	periodical, campaign literature, direct mail, or display or by
1430	means other than the spoken word in direct conversation, which
1431	shall support or oppose any candidate, elected public official,
1432	or issue. In addition, an advertisement is presumed to be a
1433	political advertisement if it is a paid expression in any
1434	communications media described in subsection (12), whether
1435	radio, television, newspaper, magazine, periodical, campaign
1436	literature, direct mail, or display or by means other than the
1437	spoken word in direct conversation, which substantially mentions
1438	or shows a clearly identifiable candidate for election or
1439	reelection and is distributed at any point during the period
1440	following the last day of qualifying for that candidacy through
1441	the ensuing general election and which, when examined by a
1442	reasonable person, would be understood as a communication made
1443	for the purpose of influencing the results of an election on
1444	that candidacy during that period and for which aggregate
1445	expenditures on like advertisements exceed $1,000.
1446	(b)  However, "Political advertisement" does not include:
1447	1.(a)  A statement by an organization, in existence prior
1448	to the time during which a candidate qualifies or an issue is
1449	placed on the ballot for that election, in support of or
1450	opposition to a candidate or issue, in that organization's
1451	newsletter, which newsletter is distributed only to the members
1452	of that organization.
1453	2.(b)  Editorial endorsements by any newspaper, radio or
1454	television station, or other recognized news medium.
1455	3.  A paid expression in any communications media which
1456	mentions or shows a clearly identifiable candidate for election
1457	or reelection which:
1458	a.  Advertises a business rather than the candidate, is
1459	paid for out of funds of that business, and is similar to other
1460	advertisements for that business which have mentioned or shown
1461	the candidate and have been distributed regularly over a period
1462	of at least 1 year before the qualifying period for that
1463	candidacy; or
1464	b.  Is distributed or broadcast only to areas other than
1465	the geographical area of the electorate for that candidacy.
1466	Section 42.  Paragraph (d) of subsection (1), paragraph (a)
1467	of subsection (4), and subsection (7) of section 106.07, Florida
1468	Statutes, are amended to read:
1469	106.07  Reports; certification and filing.--
1470	(1)  Each campaign treasurer designated by a candidate or
1471	political committee pursuant to s. 106.021 shall file regular
1472	reports of all contributions received, and all expenditures
1473	made, by or on behalf of such candidate or political committee.
1474	Reports shall be filed on the 10th day following the end of each
1475	calendar quarter from the time the campaign treasurer is
1476	appointed, except that, if the 10th day following the end of a
1477	calendar quarter occurs on a Saturday, Sunday, or legal holiday,
1478	the report shall be filed on the next following day which is not
1479	a Saturday, Sunday, or legal holiday. Quarterly reports shall
1480	include all contributions received and expenditures made during
1481	the calendar quarter which have not otherwise been reported
1482	pursuant to this section.
1483	(d)1.  When a special election is called to fill a vacancy
1484	in office, all political committees and committees of continuous
1485	existence making contributions or expenditures to influence the
1486	results of such special election shall file campaign treasurers'
1487	reports with the filing officer on the dates set by the
1488	Department of State pursuant to s. 100.111.
1489	2.  When an election is called for an issue to appear on
1490	the ballot at a time when no candidates are scheduled to appear
1491	on the ballot, all political committees making contributions or
1492	expenditures in support of or in opposition to such issue shall
1493	file reports on the 18th and 4th days prior to such election.
1494	(4)(a)  Each report required by this section shall contain:
1495	1.  The full name, address, and occupation, if any of each
1496	person who has made one or more contributions to or for such
1497	committee or candidate within the reporting period, together
1498	with the amount and date of such contributions. For
1499	corporations, the report must provide as clear a description as
1500	practicable of the principal type of business conducted by the
1501	corporation. However, if the contribution is $100 or less or is
1502	from a relative, as defined in s. 112.312, provided that the
1503	relationship is reported, the occupation of the contributor or
1504	the principal type of business need not be listed.
1505	2.  The name and address of each political committee from
1506	which the reporting committee or the candidate received, or to
1507	which the reporting committee or candidate made, any transfer of
1508	funds, together with the amounts and dates of all transfers.
1509	3.  Each loan for campaign purposes to or from any person
1510	or political committee within the reporting period, together
1511	with the full names, addresses, and occupations, and principal
1512	places of business, if any, of the lender and endorsers, if any,
1513	and the date and amount of such loans.
1514	4.  A statement of each contribution, rebate, refund, or
1515	other receipt not otherwise listed under subparagraphs 1.
1516	through 3.
1517	5.  The total sums of all loans, in-kind contributions, and
1518	other receipts by or for such committee or candidate during the
1519	reporting period. The reporting forms shall be designed to
1520	elicit separate totals for in-kind contributions, loans, and
1521	other receipts.
1522	6.  The full name and address of each person to whom
1523	expenditures have been made by or on behalf of the committee or
1524	candidate within the reporting period; the amount, date, and
1525	purpose of each such expenditure; and the name and address of,
1526	and office sought by, each candidate on whose behalf such
1527	expenditure was made. However, expenditures made from the petty
1528	cash fund provided by s. 106.12 need not be reported
1529	individually.
1530	7.  The full name and address of each person to whom an
1531	expenditure for personal services, salary, or reimbursement for
1532	authorized expenses as provided in s. 106.021(3) has been made
1533	and which is not otherwise reported, including the amount, date,
1534	and purpose of such expenditure. However, expenditures made from
1535	the petty cash fund provided for in s. 106.12 need not be
1536	reported individually.
1537	8.  The total amount withdrawn and the total amount spent
1538	for petty cash purposes pursuant to this chapter during the
1539	reporting period.
1540	9.  The total sum of expenditures made by such committee or
1541	candidate during the reporting period.
1542	10.  The amount and nature of debts and obligations owed by
1543	or to the committee or candidate, which relate to the conduct of
1544	any political campaign.
1545	11.  A copy of each credit card statement which shall be
1546	included in the next report following receipt thereof by the
1547	candidate or political committee. Receipts for each credit card
1548	purchase shall be retained by the treasurer with the records for
1549	the campaign account.
1550	12.  The amount and nature of any separate interest-bearing
1551	accounts or certificates of deposit and identification of the
1552	financial institution in which such accounts or certificates of
1553	deposit are located.
1554	(7)  Notwithstanding any other provisions of this chapter,
1555	in any reporting period during which a candidate or, political
1556	committee, or committee of continuous existence has not received
1557	funds, made any contributions, or expended any reportable funds,
1558	the filing of the required report for that period is waived.
1559	However, the next report filed must specify that the report
1560	covers the entire period between the last submitted report and
1561	the report being filed, and any candidate or, political
1562	committee, or committee of continuous existence not reporting by
1563	virtue of this subsection on dates prescribed elsewhere in this
1564	chapter shall notify the filing officer in writing on the
1565	prescribed reporting date that no report is being filed on that
1566	date.
1567	Section 43.  Subsections (1), (2), and (3) of section
1568	106.082, Florida Statutes, are amended to read:
1569	106.082  Commissioner of Agriculture candidates; campaign
1570	contribution limits.--
1571	(1)  No director, officer, or lobbyist of a business which
1572	is inspected, licensed, or otherwise authorized to do business
1573	as a food outlet or convenience store pursuant to chapter 500;
1574	or any director, officer, lobbyist, or controlling interest of
1575	that business; and no political committee or committee of
1576	continuous existence representing the interests of such business
1577	shall make or solicit a contribution in excess of $100, for any
1578	election, to or on behalf of any candidate for the office of
1579	Commissioner of Agriculture. The provisions of this subsection
1580	shall not prevent any candidate for the office of Commissioner
1581	of Agriculture or members of that candidate's immediate family
1582	from contributing to that candidate's campaign as otherwise
1583	permitted by law.
1584	(2)  No candidate for the office of Commissioner of
1585	Agriculture may solicit or accept a campaign contribution in
1586	excess of $100 from any director, officer, or lobbyist of a
1587	business which or person who is licensed or inspected or
1588	otherwise authorized to do business as a food outlet or
1589	convenience store pursuant to chapter 500; or any director,
1590	officer, lobbyist, or controlling interest of that person or
1591	business; or any political committee or committee of continuous
1592	existence that represents that person.
1593	(3)  No employee of the Department of Agriculture may
1594	solicit a campaign contribution for any candidate for the office
1595	of Commissioner of Agriculture from any director, officer, or
1596	lobbyist of a person or business which who is licensed,
1597	inspected, or otherwise authorized to do business as a food
1598	outlet or convenience store pursuant to chapter 500; or any
1599	director, officer, lobbyist, or controlling interest of that
1600	person; or any political committee or committee of continuous
1601	existence that represents that person. For purposes of this
1602	section, "employee of the department" means any person employed
1603	in the Department of Agriculture holding a position in the
1604	Senior Management Service as defined in s. 110.402; any person
1605	holding a position in the Selected Exempt Service as defined in
1606	s. 110.602; any person having authority over food outlet or
1607	convenience store regulation, or inspection supervision; or any
1608	person, hired on a contractual basis, having the power normally
1609	conferred upon such person, by whatever title.
1610	Section 44.  Paragraph (a) of subsection (1) and subsection
1611	(2) of section 106.087, Florida Statutes, are amended to read:
1612	106.087  Independent expenditures; contribution limits;
1613	restrictions on political parties and, political committees, and
1614	committees of continuous existence.--
1615	(1)(a)  As a condition of receiving a rebate of filing fees
1616	and party assessment funds pursuant to s. 99.061(2), s.
1617	99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or
1618	treasurer of a state or county executive committee shall take
1619	and subscribe to an oath or affirmation in writing. During the
1620	qualifying period for state candidates and prior to distribution
1621	of such funds, a printed copy of the oath or affirmation shall
1622	be filed with the Secretary of State and shall be substantially
1623	in the following form:
1624
1625	State of Florida
1626	County of_____
1627	Before me, an officer authorized to administer oaths,
1628	personally appeared ...  (name)  ..., to me well known, who,
1629	being sworn, says that he or she is the ...  (title)  ... of the
1630	...  (name of party)  ... ...  (state or specified county)  ...
1631	executive committee; that the executive committee has not made,
1632	either directly or indirectly, an independent expenditure in
1633	support of or opposition to a candidate or elected public
1634	official in the prior 6 months; that the executive committee
1635	will not make, either directly or indirectly, an independent
1636	expenditure in support of or opposition to a candidate or
1637	elected public official, through and including the upcoming
1638	general election; and that the executive committee will not
1639	violate the contribution limits applicable to candidates under
1640	s. 106.08(3)(2), Florida Statutes.
1641	...  (Signature of committee officer)  ...
1642	...  (Address)  ...
1643
1644	Sworn to and subscribed before me this _____ day of _____, ...
1645	(year)  ..., at _____ County, Florida.
1646	...  (Signature and title of officer administering oath)  ...
1647
1648	(2)(a)  Any political committee or committee of continuous
1649	existence that accepts the use of public funds, equipment,
1650	personnel, or other resources to collect dues from its members
1651	agrees not to make independent expenditures in support of or
1652	opposition to a candidate or elected public official. However,
1653	expenditures may be made for the sole purpose of jointly
1654	endorsing three or more candidates.
1655	(b)  Any political committee or committee of continuous
1656	existence that violates this subsection is liable for a civil
1657	fine of up to $5,000 to be determined by the Florida Elections
1658	Commission or the entire amount of the expenditures, whichever
1659	is greater.
1660	Section 45.  Subsection (3) of section 106.12, Florida
1661	Statutes, is amended to read:
1662	106.12  Petty cash funds allowed.--
1663	(3)  The petty cash fund so provided shall be spent only in
1664	amounts less than $100 and only for office supplies,
1665	transportation expenses, and other necessities. Petty cash shall
1666	not be used for the purchase of time, space, or services from
1667	communications media as defined in s. 106.011(12)(13).
1668	Section 46.  Paragraph (b) of subsection (3) of section
1669	106.147, Florida Statutes, is amended to read:
1670	106.147  Telephone solicitation; disclosure requirements;
1671	prohibitions; exemptions; penalties.--
1672	(3)
1673	(b)  For purposes of paragraph (a), the term "person"
1674	includes any candidate; any officer of any political committee,
1675	committee of continuous existence, or political party executive
1676	committee; any officer, partner, attorney, or other
1677	representative of a corporation, partnership, or other business
1678	entity; and any agent or other person acting on behalf of any
1679	candidate, political committee, committee of continuous
1680	existence, political party executive committee, or corporation,
1681	partnership, or other business entity.
1682	Section 47.  Section 106.148, Florida Statutes, is amended
1683	to read:
1684	106.148  Disclosure of on-line computer solicitation.--A
1685	message placed on an information system accessible by computer
1686	by a candidate, political party, or political committee, or
1687	committee of continuous existence, or an agent of any such
1688	candidate, party, or committee, which message is accessible by
1689	more than one person, other than an internal communication of
1690	the party, committee, or campaign, must include a statement
1691	disclosing all information required of political advertisements
1692	under s. 106.143.
1693	Section 48.  Subsection (2) of section 106.23, Florida
1694	Statutes, is amended to read:
1695	106.23  Powers of the Division of Elections.--
1696	(2)  The Division of Elections shall provide advisory
1697	opinions when requested by any supervisor of elections,
1698	candidate, local officer having election-related duties,
1699	political party, political committee, committee of continuous
1700	existence, or other person or organization engaged in political
1701	activity, relating to any provisions or possible violations of
1702	Florida election laws with respect to actions such supervisor,
1703	candidate, local officer having election-related duties,
1704	political party, committee, person, or organization has taken or
1705	proposes to take. Requests for advisory opinions must be
1706	submitted in accordance with rules adopted by the Department of
1707	State. A written record of all such opinions issued by the
1708	division, sequentially numbered, dated, and indexed by subject
1709	matter, shall be retained. A copy shall be sent to said person
1710	or organization upon request. Any such person or organization,
1711	acting in good faith upon such an advisory opinion, shall not be
1712	subject to any criminal penalty provided for in this chapter.
1713	The opinion, until amended or revoked, shall be binding on any
1714	person or organization who sought the opinion or with reference
1715	to whom the opinion was sought, unless material facts were
1716	omitted or misstated in the request for the advisory opinion.
1717	Section 49.  Subsections (1) and (2) of section 106.265,
1718	Florida Statutes, are amended to read:
1719	106.265  Civil penalties.--
1720	(1)  The commission is authorized upon the finding of a
1721	violation of this chapter or chapter 104 to impose civil
1722	penalties in the form of fines not to exceed $1,000 per count.
1723	In determining the amount of such civil penalties, the
1724	commission shall consider, among other mitigating and
1725	aggravating circumstances:
1726	(a)  The gravity of the act or omission;
1727	(b)  Any previous history of similar acts or omissions;
1728	(c)  The appropriateness of such penalty to the financial
1729	resources of the person, political committee, committee of
1730	continuous existence, or political party; and
1731	(d)  Whether the person, political committee, committee of
1732	continuous existence, or political party has shown good faith in
1733	attempting to comply with the provisions of this chapter or
1734	chapter 104.
1735	(2)  If any person, political committee, committee of
1736	continuous existence, or political party fails or refuses to pay
1737	to the commission any civil penalties assessed pursuant to the
1738	provisions of this section, the commission shall be responsible
1739	for collecting the civil penalties resulting from such action.
1740	Section 50.  Subsection (2) of section 106.27, Florida
1741	Statutes, is amended to read:
1742	106.27  Determinations by commission; legal disposition.--
1743	(2)  Civil actions may be brought by the commission for
1744	relief, including permanent or temporary injunctions,
1745	restraining orders, or any other appropriate order for the
1746	imposition of civil penalties provided by this chapter. Such
1747	civil actions shall be brought by the commission in the
1748	appropriate court of competent jurisdiction, and the venue shall
1749	be in the county in which the alleged violation occurred or in
1750	which the alleged violator or violators are found, reside, or
1751	transact business. Upon a proper showing that such person,
1752	political committee, committee of continuous existence, or
1753	political party has engaged, or is about to engage, in
1754	prohibited acts or practices, a permanent or temporary
1755	injunction, restraining order, or other order shall be granted
1756	without bond by such court, and the civil fines provided by this
1757	chapter may be imposed.
1758	Section 51.  Subsection (6) of section 106.29, Florida
1759	Statutes, is amended to read:
1760	106.29  Reports by political parties; restrictions on
1761	contributions and expenditures; penalties.--
1762	(6)(a)  The national, state, and county executive
1763	committees of a political party may not contribute to any
1764	candidate any amount in excess of the limits contained in s.
1765	106.08(3)(2), and all contributions required to be reported
1766	under s. 106.08(2) by the national executive committee of a
1767	political party shall be reported by the state executive
1768	committee of that political party.
1769	(b)  A violation of the contribution limits contained in s.
1770	106.08(3)(2) is a misdemeanor of the first degree, punishable as
1771	provided in s. 775.082 or s. 775.083. A civil penalty equal to
1772	three times the amount in excess of the limits contained in s.
1773	106.08(3)(2) shall be assessed against any executive committee
1774	found in violation thereof.
1775	Section 52.  Section 106.33, Florida Statutes, is amended
1776	to read:
1777	106.33  Election campaign financing; eligibility.--Each
1778	candidate for the office of Governor or member of the Cabinet
1779	who desires to receive contributions from the Election Campaign
1780	Financing Trust Fund shall, upon qualifying for office, file a
1781	request for such contributions with the filing officer on forms
1782	provided by the Division of Elections. If a candidate requesting
1783	contributions from the fund desires to have such funds
1784	distributed by electronic fund transfers, the request shall
1785	include information necessary to implement that procedure. For
1786	the purposes of ss. 106.30-106.36, candidates for Governor and
1787	Lieutenant Governor on the same ticket shall be considered as a
1788	single candidate. To be eligible to receive contributions from
1789	the fund, a candidate may not be an unopposed candidate as
1790	defined in s. 106.011(14)(15) and must:
1791	(1)  Agree to abide by the expenditure limits provided in
1792	s. 106.34.
1793	(2)(a)  Raise contributions as follows:
1794	1.  One hundred fifty thousand dollars for a candidate for
1795	Governor.
1796	2.  One hundred thousand dollars for a candidate for
1797	Cabinet office.
1798	(b)  Contributions from individuals who at the time of
1799	contributing are not state residents may not be used to meet the
1800	threshold amounts in paragraph (a). For purposes of this
1801	paragraph, any person validly registered to vote in this state
1802	shall be considered a state resident.
1803	(3)  Limit loans or contributions from the candidate's
1804	personal funds to $25,000 and contributions from national,
1805	state, and county executive committees of a political party to
1806	$25,000 in the aggregate, which loans or contributions shall not
1807	qualify for meeting the threshold amounts in subsection (2).
1808	(4)  Submit to a postelection audit of the campaign account
1809	by the division.
1810	Section 53.  Section 111.075, Florida Statutes, is amended
1811	to read:
1812	111.075  Elected officials; prohibition concerning
1813	political certain committees.--Elected officials are prohibited
1814	from being employed by, or acting as a consultant for
1815	compensation to, a political committee or committee of
1816	continuous existence.
1817	Section 54.  Subsections (3) and (4) and paragraph (a) of
1818	subsection (5) of section 112.3148, Florida Statutes, are
1819	amended to read:
1820	112.3148  Reporting and prohibited receipt of gifts by
1821	individuals filing full or limited public disclosure of
1822	financial interests and by procurement employees.--
1823	(3)  A reporting individual or procurement employee is
1824	prohibited from soliciting any gift from a political committee
1825	or committee of continuous existence, as defined in s. 106.011,
1826	or from a lobbyist who lobbies the reporting individual's or
1827	procurement employee's agency, or the partner, firm, employer,
1828	or principal of such lobbyist, where such gift is for the
1829	personal benefit of the reporting individual or procurement
1830	employee, another reporting individual or procurement employee,
1831	or any member of the immediate family of a reporting individual
1832	or procurement employee.
1833	(4)  A reporting individual or procurement employee or any
1834	other person on his or her behalf is prohibited from knowingly
1835	accepting, directly or indirectly, a gift from a political
1836	committee or committee of continuous existence, as defined in s.
1837	106.011, or from a lobbyist who lobbies the reporting
1838	individual's or procurement employee's agency, or directly or
1839	indirectly on behalf of the partner, firm, employer, or
1840	principal of a lobbyist, if he or she knows or reasonably
1841	believes that the gift has a value in excess of $100; however,
1842	such a gift may be accepted by such person on behalf of a
1843	governmental entity or a charitable organization. If the gift is
1844	accepted on behalf of a governmental entity or charitable
1845	organization, the person receiving the gift shall not maintain
1846	custody of the gift for any period of time beyond that
1847	reasonably necessary to arrange for the transfer of custody and
1848	ownership of the gift.
1849	(5)(a)  A political committee or a committee of continuous
1850	existence, as defined in s. 106.011; a lobbyist who lobbies a
1851	reporting individual's or procurement employee's agency; the
1852	partner, firm, employer, or principal of a lobbyist; or another
1853	on behalf of the lobbyist or partner, firm, principal, or
1854	employer of the lobbyist is prohibited from giving, either
1855	directly or indirectly, a gift that has a value in excess of
1856	$100 to the reporting individual or procurement employee or any
1857	other person on his or her behalf; however, such person may give
1858	a gift having a value in excess of $100 to a reporting
1859	individual or procurement employee if the gift is intended to be
1860	transferred to a governmental entity or a charitable
1861	organization.
1862	Section 55.  Subsections (3) and (4) of section 112.3149,
1863	Florida Statutes, are amended to read:
1864	112.3149  Solicitation and disclosure of honoraria.--
1865	(3)  A reporting individual or procurement employee is
1866	prohibited from knowingly accepting an honorarium from a
1867	political committee or committee of continuous existence, as
1868	defined in s. 106.011, from a lobbyist who lobbies the reporting
1869	individual's or procurement employee's agency, or from the
1870	employer, principal, partner, or firm of such a lobbyist.
1871	(4)  A political committee or committee of continuous
1872	existence, as defined in s. 106.011, a lobbyist who lobbies a
1873	reporting individual's or procurement employee's agency, or the
1874	employer, principal, partner, or firm of such a lobbyist is
1875	prohibited from giving an honorarium to a reporting individual
1876	or procurement employee.
1877	Section 56.  Subsection (4) of section 1004.28, Florida
1878	Statutes, is amended to read:
1879	1004.28  Direct-support organizations; use of property;
1880	board of directors; activities; audit; facilities.--
1881	(4)  ACTIVITIES; RESTRICTION.--A university direct-support
1882	organization is prohibited from giving, either directly or
1883	indirectly, any gift to a political committee or committee of
1884	continuous existence as defined in s. 106.011 for any purpose
1885	other than those certified by a majority roll call vote of the
1886	governing board of the direct-support organization at a
1887	regularly scheduled meeting as being directly related to the
1888	educational mission of the university.
1889	Section 57.  Paragraph (d) of subsection (4) of section
1890	1004.70, Florida Statutes, is amended to read:
1891	1004.70  Community college direct-support organizations.--
1892	(4)  ACTIVITIES; RESTRICTIONS.--
1893	(d)  A community college direct-support organization is
1894	prohibited from giving, either directly or indirectly, any gift
1895	to a political committee or committee of continuous existence as
1896	defined in s. 106.011 for any purpose other than those certified
1897	by a majority roll call vote of the governing board of the
1898	direct-support organization at a regularly scheduled meeting as
1899	being directly related to the educational mission of the
1900	community college.
1901	Section 58.  Paragraph (c) of subsection (4) of section
1902	1004.71, Florida Statutes, is amended to read:
1903	1004.71  Statewide community college direct-support
1904	organizations.--
1905	(4)  RESTRICTIONS.--
1906	(c)  A statewide community college direct-support
1907	organization is prohibited from giving, either directly or
1908	indirectly, any gift to a political committee or committee of
1909	continuous existence as defined in s. 106.011 for any purpose
1910	other than those certified by a majority roll call vote of the
1911	governing board of the direct-support organization at a
1912	regularly scheduled meeting as being directly related to the
1913	educational mission of the State Board of Education.
1914	Section 59.  Subsection (3) of section 106.32, Florida
1915	Statutes, is repealed.
1916	Section 60.  This act shall take effect January 1, 2005.

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