HB 1971

1	A bill to be entitled
2	An act relating to elections; amending s. 97.021, F.S.;
3	redesignating "paper ballot" as "marksense ballot";
4	defining the term "early voting"; redefining the term
5	"voting system"; amending s. 97.052, F.S.; providing an
6	additional purpose for statewide voter registration
7	applications and revising who may reproduce such
8	applications; amending s. 99.061, F.S.; revising
9	references relating to obtaining ballot position; amending
10	s. 99.095, F.S.; revising procedures for qualification by
11	petition; amending s. 99.0955, F.S.; revising method of
12	qualification by candidates with no party affiliation;
13	amending s. 99.096, F.S.; revising method of qualification
14	by minor party candidates; amending s. 100.011, F.S.;
15	providing that electors in line to vote at the closing of
16	the polls must be allowed to vote; amending s. 100.111,
17	F.S.; revising procedures to be followed in the event of a
18	vacancy in nomination; amending s. 101.015, F.S.;
19	requiring supervisors of elections to include written
20	procedures for early voting in their accuracy and security
21	procedures and to submit any revisions to those security
22	procedures within a specified period before early voting
23	commences; amending s. 101.031, F.S.; revising
24	requirements regarding the furnishing of instructions for
25	electors; amending ss. 101.048 and 101.049, F.S.;
26	providing for voting of provisional ballots by persons
27	with disabilities; revising a reference; amending s.
28	101.131, F.S.; authorizing political parties to have a
29	certain number of at-large poll watchers; revising
30	provisions for designation of poll watchers; amending s.
31	101.151, F.S.; revising specifications for ballots;
32	amending s. 101.171, F.S.; providing for copies of
33	constitutional amendments to be provided in poster or
34	booklet form; amending s. 101.253, F.S.; prescribing
35	duties of the supervisor of elections with respect to
36	ballots in cases of vacancy in nomination; amending s.
37	101.294, F.S.; prohibiting governing bodies from deploying
38	uncertified voting equipment; prohibiting vendors of
39	voting equipment from providing uncertified voting systems
40	or their components or upgrades; requiring vendors of
41	voting equipment to provide certifications that voting
42	systems or their components or upgrades have been
43	certified; amending s. 101.295, F.S.; providing penalties
44	for providing voting systems or their components or
45	upgrades in violation of law; amending s. 101.5606, F.S.;
46	conforming terminology; providing an additional
47	requirement for voting systems; amending s. 101.5608,
48	F.S.; conforming terminology; amending s. 101.5612, F.S.;
49	providing for testing of tabulating equipment prior to
50	commencement of early voting and notice thereof; amending
51	s. 101.5613, F.S.; specifying person responsible for
52	examination of equipment for purposes of early voting;
53	amending s. 101.595, F.S.; revising duties of the
54	supervisor of elections with respect to reporting
55	undervotes and overvotes; amending s. 101.6103, F.S.;
56	allowing the canvassing of mail ballots to begin at 7 a.m.
57	on the fourth day before the election; prohibiting the
58	release of results prior to 7 p.m. on the day of the
59	election; providing penalties; amending s. 101.62, F.S.;
60	deleting a provision relating to the duty of supervisors
61	of elections with respect to requests for absentee ballots
62	from overseas voters received after the Friday before the
63	election; revising requirements for the mailing of
64	absentee and advance absentee ballots; correcting a
65	reference; amending s. 101.64, F.S.; revising the Voter's
66	Certificate for absent electors to remove the requirement
67	of an attesting witness; requiring absentee voters voting
68	pursuant to the Uniformed and Overseas Citizens Absentee
69	Voting Act to use a standard oath as prescribed by federal
70	law; amending s. 101.65, F.S.; revising the instructions
71	to absent electors to remove the requirement of an
72	attesting witness; amending s. 101.657, F.S.; authorizing
73	and providing requirements for early voting; providing for
74	designation of certain facilities as early voting sites;
75	amending s. 101.68, F.S.; removing the requirement of the
76	signature of an attesting witness for an absentee ballot
77	to be considered legal; amending s. 101.6921, F.S.;
78	revising the instructions for special absentee ballots for
79	certain first-time voters to remove the requirement of an
80	attesting witness; amending s. 101.6923, F.S.; providing
81	that the special absentee ballot instructions for certain
82	first-time voters shall be substantially in a specified
83	form; revising the Voter's Certificate for special
84	absentee ballots for certain first-time voters to remove
85	the requirement of an attesting witness; amending s.
86	101.694, F.S.; revising specifications for absentee
87	envelopes printed for overseas voters; amending s.
88	101.6952, F.S., relating to absentee ballots received from
89	overseas voters, to conform; amending s. 101.697, F.S.;
90	requiring the Department of State to determine the
91	security of electronic transmissions of certain election
92	materials prior to rule adoption; amending s. 102.012,
93	F.S.; providing for a single election board for each
94	precinct; amending s. 102.071, F.S.; deleting the
95	requirement that the certificate of results be prepared in
96	triplicate; amending s. 102.111, F.S.; allowing the
97	Elections Canvassing Commission to delegate the authority
98	to order recounts to the chief election officer; amending
99	s. 102.141, F.S.; deleting the requirement that the
100	canvass be filed with the county court judge; clarifying
101	responsibility for ordering recounts; deleting the
102	requirement for test of the tabulating equipment at the
103	completion of the recount; extending the deadline for
104	reporting results of the machine recount; amending s.
105	102.168, F.S.; revising provisions with respect to the
106	time for contesting an election; declaring the county
107	canvassing board and the Elections Canvassing Commission
108	indispensable and proper parties in contested elections;
109	amending s. 105.031, F.S.; exempting write-in candidates
110	for the office of school board member from payment of the
111	qualifying fee; amending s. 105.035, F.S.; revising
112	procedures for qualifying as a candidate for judicial or
113	school board office by petition; amending s. 106.011,
114	F.S.; defining the term "eliminated candidate"; amending
115	s. 106.021, F.S.; providing exceptions to a prohibition
116	against making certain contributions or expenditures in
117	connection with a campaign or activities of a political
118	committee; authorizing reimbursement of expenses incurred
119	in connection with a campaign or activities of a political
120	committee; requiring disclosure of the names and addresses
121	of persons reimbursed from a campaign account; providing
122	for retroactive operation; amending s. 106.023, F.S.;
123	providing that the execution and filing of the statement
124	of candidate does not in and of itself create a
125	presumption that a violation of ch. 106 or ch. 104, F.S.,
126	is a willful violation; amending s. 106.04, F.S.; reducing
127	the fine for late filing of campaign finance reports by
128	committees of continuous existence for the first 3 days;
129	providing for deposit of fine proceeds into the General
130	Revenue Fund; amending s. 106.07, F.S.; revising
131	requirements for filing campaign reports; revising
132	requirements with respect to timely filing of mailed
133	reports; requiring the reporting of the primary purposes
134	of certain expenditures made indirectly through a campaign
135	treasurer for certain goods and services; expanding
136	grounds for appealing or disputing a fine; requiring the
137	Florida Elections Commission to consider mitigating and
138	aggravating circumstances in determining the amount of a
139	fine, if any, to be waived for late-filed reports;
140	providing for deposit of certain fine proceeds into the
141	General Revenue Fund; limiting investigation of alleged
142	late filing violations; providing for electronic filing of
143	reports; allowing electronic receipts to be used as proof
144	of filing; creating s. 106.0705, F.S.; providing for
145	electronic filing of campaign treasurer's reports;
146	providing standards and guidelines; providing penalties;
147	amending s. 106.075, F.S.; revising requirements with
148	respect to reporting loans; amending s. 106.08, F.S.;
149	prohibiting candidates from expending funds from their
150	campaign accounts to obtain endorsements; providing
151	penalties; amending s. 106.087, F.S.; exempting committees
152	of continuous existence from certain prohibitions with
153	respect to independent expenditures; amending s. 106.09,
154	F.S.; prohibiting acceptance of certain contributions made
155	by money order; providing penalties; amending s. 106.11,
156	F.S.; revising provisions relating to reporting use of
157	debit cards; amending s. 106.141, F.S.; providing for
158	deposit into the General Revenue Fund of reimbursed
159	election assessments; amending s. 106.25, F.S.; requiring
160	sworn complaints to be based upon personal knowledge or
161	independent research of the complainant; restricting the
162	alleged violations the commission may investigate to those
163	specifically contained within a sworn complaint; providing
164	restrictions on subsequent complaints based on the same
165	facts or allegations as a prior complaint; authorizing
166	respondents and complainants and their counsels to attend
167	hearings at which probable cause is determined; requiring
168	prior notice; permitting a brief oral statement;
169	specifying bases for determining probable cause; amending
170	s. 106.29, F.S.; revising provisions relating to reports
171	by political parties; providing that the proceeds of funds
172	assessed against political parties for the late filing of
173	reports shall be deposited into the General Revenue Fund;
174	providing for determination of fine for electronically
175	filed reports; amending s. 191.005, F.S.; requiring
176	certain candidates for commissioner of an independent
177	special fire control district to conduct their campaigns
178	in accordance with ch. 106, F.S.; providing an exception;
179	amending s. 287.057, F.S.; exempting certain voter
180	education activities from competitive-solicitation
181	requirements; requiring voting systems to meet certain
182	requirements by a date certain; amending s. 22, ch. 2002-
183	281, Laws of Florida; revising effective dates applicable
184	to provisions in such law; repealing s. 98.181, F.S.,
185	relating to the supervisor of elections making up indexes
186	or records; repealing s. 101.635, F.S., relating to
187	distribution of blocks of printed ballots; repealing s.
188	102.061, F.S., relating to duties of election boards;
189	repealing s. 106.085, F.S., relating to independent
190	expenditure notice requirements; repealing s. 106.144,
191	F.S., relating to filing of statements by certain groups
192	and organizations intending to make or making political
193	advertisements endorsing or opposing candidates or issues;
194	providing applicability of changes to provisions of ch.
195	106, F.S., to pending and future cases before the Florida
196	Elections Commission; providing effective dates.
197
198	Be It Enacted by the Legislature of the State of Florida:
199
200	Section 1.  Subsection (3) of section 97.021, Florida
201	Statutes, is amended, subsections (8) through (37) are
202	renumbered as subsections (9) through (38), respectively, a new
203	subsection (8) is added to said section, and present subsection
204	(38) is renumbered as subsection (39) and amended, to read:
205	97.021  Definitions.--For the purposes of this code, except
206	where the context clearly indicates otherwise, the term:
207	(3)  "Ballot" or "official ballot" when used in reference
208	to:
209	(a)  "Marksense Paper ballots" means that printed sheet of
210	paper, used in conjunction with an electronic or
211	electromechanical vote tabulation voting system, containing the
212	names of candidates, or a statement of proposed constitutional
213	amendments or other questions or propositions submitted to the
214	electorate at any election, on which sheet of paper an elector
215	casts his or her vote.
216	(b)  "Electronic or electromechanical devices" means a
217	ballot that is voted by the process of electronically
218	designating, including by touchscreen, or marking with a marking
219	device for tabulation by automatic tabulating equipment or data
220	processing equipment.
221	(8)  "Early voting" means casting a ballot prior to
222	election day at a location designated by the supervisor of
223	elections and depositing the voted ballot in the tabulation
224	system.
225	(39)(38)  "Voting system" means a method of casting and
226	processing votes that functions wholly or partly by use of
227	electromechanical or electronic apparatus or by use of marksense
228	paper ballots and includes, but is not limited to, the
229	procedures for casting and processing votes and the programs,
230	operating manuals, supplies tabulating cards, printouts, and
231	other software necessary for the system's operation.
232	Section 2.  Subsection (1) of section 97.052, Florida
233	Statutes, is amended to read:
234	97.052  Uniform statewide voter registration application.--
235	(1)  The department shall prescribe a uniform statewide
236	voter registration application for use in this state.
237	(a)  The uniform statewide voter registration application
238	must be accepted for any one or more of the following purposes:
239	1.  Initial registration.
240	2.  Change of address.
241	3.  Change of party affiliation.
242	4.  Change of name.
243	5.  Replacement of voter registration identification card.
244	6.  Signature update.
245	(b)  The department is responsible for printing the uniform
246	statewide voter registration application and the voter
247	registration application form prescribed by the Federal Election
248	Commission pursuant to the National Voter Registration Act of
249	1993. The applications and forms must be distributed, upon
250	request, to the following:
251	1.  Individuals seeking to register to vote.
252	2.  Individuals or groups conducting voter registration
253	programs. A charge of 1 cent per application shall be assessed
254	on requests for 10,000 or more applications.
255	3.  The Department of Highway Safety and Motor Vehicles.
256	4.  Voter registration agencies.
257	5.  Armed forces recruitment offices.
258	6.  Qualifying educational institutions.
259	7.  Supervisors, who must make the applications and forms
260	available in the following manner:
261	a.  By distributing the applications and forms in their
262	offices to any individual or group.
263	b.  By distributing the applications and forms at other
264	locations designated by each supervisor.
265	c.  By mailing the applications and forms to applicants
266	upon the request of the applicant.
267	(c)  The uniform statewide voter registration application
268	may be reproduced by any of the entities described in paragraph
269	(b) private individual or group, provided the reproduced
270	application is in the same format as the application prescribed
271	under this section.
272	Section 3.  Paragraph (a) of subsection (7) of section
273	99.061, Florida Statutes, is amended to read:
274	99.061  Method of qualifying for nomination or election to
275	federal, state, county, or district office.--
276	(7)(a)  In order for a candidate to be qualified, the
277	following items must be received by the filing officer by the
278	end of the qualifying period:
279	1.  A properly executed check drawn upon the candidate's
280	campaign account in an amount not less than the fee required by
281	s. 99.092 or, in lieu thereof, as applicable, the copy of the
282	notice of obtaining ballot position pursuant to s. 99.095, or
283	the undue burden oath authorized pursuant to s. 99.0955, or s.
284	99.096. If a candidate's check is returned by the bank for any
285	reason, the filing officer shall immediately notify the
286	candidate and the candidate shall, the end of qualifying
287	notwithstanding, have 48 hours from the time such notification
288	is received, excluding Saturdays, Sundays, and legal holidays,
289	to pay the fee with a cashier's check purchased from funds of
290	the campaign account. Failure to pay the fee as provided in this
291	subparagraph shall disqualify the candidate.
292	2.  The candidate's oath required by s. 99.021, which must
293	contain the name of the candidate as it is to appear on the
294	ballot; the office sought, including the district or group
295	number if applicable; and the signature of the candidate, duly
296	acknowledged.
297	3.  The loyalty oath required by s. 876.05, signed by the
298	candidate and duly acknowledged.
299	4.  If the office sought is partisan, the written statement
300	of political party affiliation required by s. 99.021(1)(b).
301	5.  The completed form for the appointment of campaign
302	treasurer and designation of campaign depository, as required by
303	s. 106.021.
304	6.  The full and public disclosure or statement of
305	financial interests required by subsection (4).
306	Section 4.  Effective January 1, 2005, section 99.095,
307	Florida Statutes, is amended to read:
308	(Substantial rewording of section. See s.
309	99.095, F.S., for present text.)
310	99.095  Petition process in lieu of qualifying fee and
311	party assessment.--
312	(1)  A person seeking to qualify as a candidate for any
313	office is not required to pay the qualifying fee or party
314	assessment required by this chapter if he or she meets the
315	petition requirements of this section.
316	(2)(a)  A candidate shall obtain the signatures of voters
317	in the geographical area represented by the office sought equal
318	to at least 1 percent of the total number of voters of that
319	geographical area, as shown by the compilation by the department
320	for the last preceding general election. No signatures may be
321	obtained until the candidate has filed the appointment of
322	campaign treasurer and designation of campaign depository
323	pursuant to s. 106.021.
324	(b)  The format of the petition shall be prescribed by the
325	division and shall be used by candidates to reproduce petitions
326	for circulation. If the candidate is running for an office that
327	requires a group or district designation, the petition must
328	indicate that designation or the signatures are not valid. A
329	separate petition is required for each candidate.
330	(3)  Each petition must be submitted before noon of the
331	28th day preceding the first day of the qualifying period for
332	the office sought to the supervisor of elections of the county
333	in which such petition was circulated. Each supervisor shall
334	check the signatures on the petitions to verify their status as
335	voters in the county, district, or other geographical area
336	represented by the office sought. No later than the 7th day
337	prior to the first day of the qualifying period, the supervisor
338	shall certify the number of valid signatures.
339	(4)(a)  Certifications for candidates for federal, state,
340	or multicounty district office shall be submitted to the
341	division. The division shall determine whether the required
342	number of signatures has been obtained and shall notify the
343	candidate.
344	(b)  For candidates for county or district office not
345	covered by paragraph (a), the supervisor shall determine whether
346	the required number of signatures has been obtained and shall
347	notify the candidate.
348	(5)  If the required number of signatures has been
349	obtained, the candidate is eligible to qualify pursuant to s.
350	99.061.
351	Section 5.  Effective January 1, 2005, section 99.0955,
352	Florida Statutes, is amended to read:
353	99.0955  Candidates with no party affiliation; name on
354	general election ballot.--
355	(1)  Each person seeking to qualify for election as a
356	candidate with no party affiliation shall file his or her
357	qualifying qualification papers and pay the qualifying fee, or
358	qualify by the petition process pursuant to s. 99.095,
359	alternative method prescribed in subsection (3) with the officer
360	and during the times and under the circumstances prescribed in
361	s. 99.061. Upon qualifying, the candidate is entitled to have
362	his or her name placed on the general election ballot.
363	(2)  The qualifying fee for candidates with no party
364	affiliation shall consist of a filing fee and an election
365	assessment. The amount of the filing fee is 3 percent of the
366	annual salary of the office sought. The amount of the election
367	assessment is 1 percent of the annual salary of the office
368	sought. The election assessment shall be deposited into the
369	Elections Commission Trust Fund. Filing fees paid to the
370	Department of State shall be deposited into the General Revenue
371	Fund of the state. Filing fees paid to the supervisor of
372	elections shall be deposited into the general revenue fund of
373	the county.
374	(3)(a)  A candidate with no party affiliation may, in lieu
375	of paying the qualifying fee, qualify for office by the
376	alternative method prescribed in this subsection. A candidate
377	using this petitioning process shall file an oath with the
378	officer before whom the candidate would qualify for the office
379	stating that he or she intends to qualify by this alternative
380	method. If the person is running for an office that requires a
381	group or district designation, the candidate must indicate the
382	designation in his or her oath. The oath shall be filed at any
383	time after the first Tuesday after the first Monday in January
384	of the year in which the election is held, but before the 21st
385	day preceding the first day of the qualifying period for the
386	office sought. The Department of State shall prescribe the form
387	to be used in administering and filing the oath. Signatures may
388	not be obtained by a candidate on any petition until the
389	candidate has filed the oath required in this subsection. Upon
390	receipt of the written oath from a candidate, the qualifying
391	officer shall provide the candidate with petition forms in
392	sufficient numbers to facilitate the gathering of signatures. If
393	the candidate is running for an office that requires a group or
394	district designation, the petition must indicate that
395	designation or the signatures obtained on the petition will not
396	be counted.
397	(b)  A candidate shall obtain the signatures of a number of
398	qualified electors in the geographical entity represented by the
399	office sought equal to 1 percent of the registered electors of
400	the geographical entity represented by the office sought, as
401	shown by the compilation by the Department of State for the
402	preceding general election.
403	(c)  Each petition must be submitted before noon of the
404	21st day preceding the first day of the qualifying period for
405	the office sought, to the supervisor of elections of the county
406	for which such petition was circulated. Each supervisor to whom
407	a petition is submitted shall check the signatures on the
408	petition to verify their status as electors in the county,
409	district, or other geographical entity represented by the office
410	sought. Before the first day for qualifying, the supervisor
411	shall certify the number shown as registered electors.
412	(d)1.  Certifications for candidates for federal, state, or
413	multicounty district office shall be submitted to the Department
414	of State. The Department of State shall determine whether the
415	required number of signatures has been obtained for the name of
416	the candidate to be placed on the ballot and shall notify the
417	candidate.
418	2.  For candidates for county or district office not
419	covered by subparagraph 1., the supervisor of elections shall
420	determine whether the required number of signatures has been
421	obtained for the name of the candidate to be placed on the
422	ballot and shall notify the candidate.
423	(e)  If the required number of signatures has been
424	obtained, the candidate shall, during the time prescribed for
425	qualifying for office, submit a copy of the notice received
426	under paragraph (d) and file his or her qualifying papers and
427	the oath prescribed by s. 99.021 with the qualifying officer.
428	Section 6.  Effective January 1, 2005, section 99.096,
429	Florida Statutes, is amended to read:
430	99.096  Minor party candidates; names on ballot.--
431	(1)  The executive committee of a minor political party
432	shall, no later than noon of the third day prior to the first
433	day of the qualifying period prescribed for federal candidates,
434	submit to the Department of State a list of federal candidates
435	nominated by the party to be on the general election ballot. and
436	No later than noon of the third day prior to the first day of
437	the qualifying period for state candidates, the executive
438	committee of a minor party must submit to the Department of
439	State the official list of the state, multicounty, and county
440	respective candidates nominated by that party to be on the
441	ballot in the general election to the filing officer for each of
442	the candidates. The Department of State shall notify the
443	appropriate supervisors of elections of the name of each minor
444	party candidate eligible to qualify before such supervisor. The
445	official list of nominated candidates may not be changed by the
446	party after having been filed with the filing officers
447	Department of State, except that candidates who have qualified
448	may withdraw from the ballot pursuant to the provisions of this
449	code, and vacancies in nominations may be filled pursuant to s.
450	100.111.
451	(2)  Each person seeking to qualify for election as a
452	candidate of a minor party shall file his or her qualifying
453	qualification papers with, and pay the qualifying fee and, if
454	one has been levied, the party assessment, or qualify by the
455	petition process pursuant to s. 99.095 alternative method
456	prescribed in subsection (3), with the officer and at the times
457	and under the circumstances provided in s. 99.061.
458	(3)(a)  A minor party candidate may, in lieu of paying the
459	qualifying fee and party assessment, qualify for office by the
460	alternative method prescribed in this subsection. A candidate
461	using this petitioning process shall file an oath with the
462	officer before whom the candidate would qualify for the office
463	stating that he or she intends to qualify by this alternative
464	method. If the person is running for an office that requires a
465	group or district designation, the candidate must indicate the
466	designation in his or her oath. The oath must be filed at any
467	time after the first Tuesday after the first Monday in January
468	of the year in which the election is held, but before the 21st
469	day preceding the first day of the qualifying period for the
470	office sought. The Department of State shall prescribe the form
471	to be used in administering and filing the oath. Signatures may
472	not be obtained by a candidate on any petition until the
473	candidate has filed the oath required in this section. Upon
474	receipt of the written oath from a candidate, the qualifying
475	officer shall provide the candidate with petition forms in
476	sufficient numbers to facilitate the gathering of signatures. If
477	the candidate is running for an office that requires a group or
478	district designation, the petition must indicate that
479	designation or the signatures on such petition will not be
480	counted.
481	(b)  A candidate shall obtain the signatures of a number of
482	qualified electors in the geographical entity represented by the
483	office sought equal to 1 percent of the registered electors in
484	the geographical entity represented by the office sought, as
485	shown by the compilation by the Department of State for the last
486	preceding general election.
487	(c)  Each petition shall be submitted prior to noon of the
488	21st day preceding the first day of the qualifying period for
489	the office sought to the supervisor of elections of the county
490	for which the petition was circulated. Each supervisor to whom a
491	petition is submitted shall check the signatures on the petition
492	to verify their status as electors in the county, district, or
493	other geographical entity represented by the office sought.
494	Before the first day for qualifying, the supervisor shall
495	certify the number shown as registered electors.
496	(d)1.  Certifications for candidates for federal, state, or
497	multicounty district office shall be submitted to the Department
498	of State. The Department of State shall determine whether the
499	required number of signatures has been obtained for the name of
500	the candidate to be placed on the ballot and shall notify the
501	candidate.
502	2.  For candidates for county or district office not
503	covered by subparagraph 1., the supervisor of elections shall
504	determine whether the required number of signatures has been
505	obtained for the name of the candidate to be placed on the
506	ballot and shall notify the candidate.
507	(e)  If the required number of signatures has been
508	obtained, the candidate shall, during the prescribed time for
509	qualifying for office, submit a copy of the notice received
510	under paragraph (d) and file his or her qualifying papers and
511	the oath prescribed by s. 99.021 with the qualifying officer.
512	(4)  A minor party candidate whose name has been submitted
513	pursuant to subsection (1) and who has qualified for office is
514	entitled to have his or her name placed on the general election
515	ballot.
516	Section 7.  Subsection (1) of section 100.011, Florida
517	Statutes, is amended to read:
518	100.011  Opening and closing of polls, all elections;
519	expenses.--
520	(1)  The polls shall be open at the voting places at 7:00
521	a.m., on the day of the election, and shall be kept open until
522	7:00 p.m., of the same day, and the time shall be regulated by
523	the customary time in standard use in the county seat of the
524	locality. The inspectors shall make public proclamation of the
525	opening and closing of the polls. During the election and
526	canvass of the votes, the ballot box shall not be concealed. Any
527	elector in line at the official closing of the polls shall be
528	allowed to cast a vote in that election.
529	Section 8.  Paragraph (b) of subsection (4) of section
530	100.111, Florida Statutes, is amended to read:
531	100.111  Filling vacancy.--
532	(4)
533	(b)  If the vacancy in nomination occurs later than
534	September 15, or if the vacancy in nomination occurs with
535	respect to a candidate of a minor political party which has
536	obtained a position on the ballot, no special primary election
537	shall be held and the Department of State shall notify the chair
538	of the appropriate state, district, or county political party
539	executive committee of such party; and, within 7 days, the chair
540	shall call a meeting of his or her executive committee to
541	consider designation of a nominee to fill the vacancy. The name
542	of any person so designated shall be submitted to the Department
543	of State within 14 days after of notice to the chair in order
544	that the person designated may have his or her name printed or
545	otherwise placed on the ballot of the ensuing general election,
546	but in no event shall the supervisor of elections be required to
547	place on a ballot a name submitted less than 21 days prior to
548	the election. If the name of the new nominee is submitted after
549	the ballots have been printed or programmed into the machines and
550	the supervisor of elections is not able to reprint or reprogram
551	the ballots or otherwise strike the former nominee's name and
552	insert the new nominee's name vacancy occurs less than 21 days
553	prior to the election, the person designated by the political
554	party will replace the former party nominee even though the
555	former party nominee's name will be on the ballot. Any ballots
556	cast for the former party nominee will be counted for the person
557	designated by the political party to replace the former party
558	nominee. If there is no opposition to the party nominee, the
559	person designated by the political party to replace the former
560	party nominee will be elected to office at the general election.
561	For purposes of this paragraph, the term "district political
562	party executive committee" means the members of the state
563	executive committee of a political party from those counties
564	comprising the area involving a district office.
565	Section 9.  Paragraphs (b) and (c) of subsection (4) of
566	section 101.015, Florida Statutes, are amended to read:
567	101.015  Standards for voting systems.--
568	(4)
569	(b)  Each supervisor of elections shall establish written
570	procedures to assure accuracy and security in his or her county,
571	including procedures related to early voting pursuant to s.
572	101.657. and Such procedures shall be reviewed in each odd-
573	numbered year by the Department of State.
574	(c)  Each supervisor of elections shall submit any
575	revisions to the security procedures to the Department of State
576	at least 45 days before early voting commences pursuant to s.
577	101.657 in an the first election in which they are to take
578	effect.
579	Section 10.  Subsection (1) of section 101.031, Florida
580	Statutes, is amended to read:
581	101.031  Instructions for electors.--
582	(1)  The Department of State, or in case of municipal
583	elections the governing body of the municipality, shall print,
584	in large type on cards, instructions for the electors to use in
585	voting. It shall provide not less than two cards for each voting
586	precinct for each election and furnish such cards to each
587	supervisor upon requisition. Each supervisor of elections shall
588	send a sufficient number of these cards to the precincts prior
589	to an election. The election inspectors shall display the cards
590	in the polling places as information for electors. The cards
591	shall contain information about how to vote and such other
592	information as the Department of State may deem necessary. The
593	cards must also include the list of rights and responsibilities
594	afforded to Florida voters, as described in subsection (2).
595	Section 11.  Effective January 1, 2006, subsections (2) and
596	(4) of section 101.048, Florida Statutes, are amended to read:
597	101.048  Provisional ballots.--
598	(2)(a)  The county canvassing board shall examine each
599	Provisional Ballot Voter's Certificate and Affirmation envelope
600	to determine if the person voting that ballot was entitled to
601	vote at the precinct where the person cast a vote in the
602	election and that the person had not already cast a ballot in
603	the election.
604	(b)1.  If it is determined that the person was registered
605	and entitled to vote at the precinct where the person cast a
606	vote in the election, the canvassing board shall compare the
607	signature on the Provisional Ballot Voter's Certificate and
608	Affirmation envelope with the signature on the voter's
609	registration and, if it matches, shall count the ballot.
610	2.  If it is determined that the person voting the
611	provisional ballot was not registered or entitled to vote at the
612	precinct where the person cast a vote in the election, the
613	provisional ballot shall not be counted and the ballot shall
614	remain in the envelope containing the Provisional Ballot Voter's
615	Certificate and Affirmation and the envelope shall be marked
616	"Rejected as Illegal."
617	(4)  Notwithstanding subsections (1)-(3) In counties where
618	the voting system does not utilize a paper ballot, the
619	supervisor of elections may, and for persons with disabilities
620	shall, provide the appropriate provisional ballot to the voter
621	by electronic means which meet the requirements of s. 101.56062
622	as provided for by the certified voting system. Each person
623	casting a provisional ballot by electronic means shall, prior to
624	casting his or her ballot, complete the Provisional Ballot
625	Voter's Certificate and Affirmation as provided in subsection
626	(3).
627	Section 12.  Effective January 1, 2006, subsection (5) of
628	section 101.049, Florida Statutes, is amended to read:
629	101.049  Provisional ballots; special circumstances.--
630	(5)  As an alternative, provisional ballots cast pursuant
631	to this section may, and for persons with disabilities shall, be
632	cast in accordance with the provisions of s. 101.048(4).
633	Section 13.  Subsections (1) and (2) of section 101.131,
634	Florida Statutes, are amended to read:
635	101.131  Watchers at polls.--
636	(1)  Each political party and each candidate may have one
637	poll watcher and each political party may have one poll watcher
638	and one at-large poll watcher in each polling room at any one
639	time during the election. No poll watcher shall be permitted to
640	come closer to the officials' table or the voting booths than is
641	reasonably necessary to properly perform his or her functions,
642	but each shall be allowed within the polling room to watch and
643	observe the conduct of electors and officials. The poll watchers
644	shall furnish their own materials and necessities and shall not
645	obstruct the orderly conduct of any election. Each poll watcher
646	shall be a qualified and registered elector of the county in
647	which he or she serves.
648	(2)  Each political party and each candidate requesting to
649	have poll watchers shall designate, in writing, poll watchers
650	for each polling room precinct prior to noon of the second
651	Tuesday preceding the election. Each political party may
652	designate at least five additional at-large poll watchers, or one
653	additional at-large poll watcher for every 10,000 registered
654	voters, whichever is greater, who shall be approved and have
655	access to all polling rooms. The poll watchers for each precinct
656	shall be approved by the supervisor of elections on or before
657	the Tuesday before the election. The supervisor shall furnish to
658	each polling room precinct a list of the poll watchers
659	designated and approved for such polling room and a list of at-
660	large poll watchers approved for all polling rooms precinct.
661	Section 14.  Subsection (1) of section 101.151, Florida
662	Statutes, is amended to read:
663	101.151  Specifications for ballots.--
664	(1)  Marksense Paper ballots shall be printed on paper of
665	such thickness that the printing cannot be distinguished from
666	the back and shall meet the specifications of the voting system
667	which will be used to read the ballots.
668	Section 15.  Section 101.171, Florida Statutes, is amended
669	to read:
670	101.171  Copy of constitutional amendment to be
671	posted.--Whenever any amendment to the State Constitution is to
672	Whenever any amendment to the State Constitution is to be voted
673	upon at any election, the Department of State shall have
674	printed, and shall furnish to each supervisor of elections, a
675	sufficient number of copies of the amendment either in poster or
676	booklet form, and the supervisor shall have a copy thereof
677	conspicuously posted or available at each precinct upon the day
678	of election.
679	Section 16.  Subsection (3) of section 101.253, Florida
680	Statutes, is amended to read:
681	101.253  When names not to be printed on ballot.--
682	(3)  In the event ballots are printed or programmed into
683	the machines prior to the death, resignation, removal, or
684	withdrawal of a candidate, the supervisor of elections, at his or
685	her discretion, may:
686	(a)  Strike the name of the candidate and, if necessary,
687	insert the name of the new nominee;
688	(b)  Reprint or reprogram the ballot; or
689	(c)  Provide notice in a newspaper of general circulation in
690	the county, post a notice in each voting booth, and provide an
691	insert with each absentee ballot mailed to a voter explaining the
692	consequences of a vote for the former candidate. In no case
693	shall the supervisor be required to print on the ballot a name
694	which is submitted less than 21 days prior to the election. In
695	the event the ballots are printed 21 days or more prior to the
696	election, the name of any candidate whose death, resignation,
697	removal, or withdrawal created a vacancy in office or nomination
698	shall be stricken from the ballot with a rubber stamp or
699	appropriate printing device, and the name of the new nominee
700	shall be inserted on the ballot in a like manner. The supervisor
701	may, as an alternative, reprint the ballots to include the name
702	of the new nominee.
703	Section 17.  Section 101.294, Florida Statutes, is amended
704	to read:
705	101.294  Purchase and sale of voting equipment.--
706	(1)  The Division of Elections of the Department of State
707	shall adopt uniform rules for the purchase, use, and sale of
708	voting equipment in the state. No governing body shall purchase,
709	or cause to be purchased, or deploy any voting equipment unless
710	such equipment has been certified for use in this state by the
711	Department of State.
712	(2)  Any governing body contemplating the purchase or sale
713	of voting equipment shall notify the Division of Elections of
714	such considerations. The division shall attempt to coordinate
715	the sale of excess or outmoded equipment by one county with
716	purchases of necessary equipment by other counties.
717	(3)  The division shall inform the governing bodies of the
718	various counties of the state of the availability of new or used
719	voting equipment and of sources available for obtaining such
720	equipment.
721	(4)  No vendor of voting equipment shall provide an
722	uncertified voting system, voting system component, or voting
723	system upgrade to a governing body or supervisor of elections in
724	this state.
725	(5)  Prior to or in conjunction with providing a voting
726	system, voting system component, or voting system upgrade, the
727	vendor shall provide the governing body or supervisor of
728	elections with a sworn certification that the voting system,
729	voting system component, or voting system upgrade being provided
730	has been certified by the Division of Elections.
731	Section 18.  Section 101.295, Florida Statutes, is amended
732	to read:
733	101.295  Penalties for violation.--
734	(1)  Any member of a governing body which purchases or
735	sells voting equipment in violation of the provisions of ss.
736	101.292-101.295, which member knowingly votes to purchase or
737	sell voting equipment in violation of the provisions of ss.
738	101.292-101.295, commits is guilty of a misdemeanor of the first
739	degree, punishable as provided by s. 775.082 or s. 775.083, and
740	shall be subject to suspension from office on the grounds of
741	malfeasance.
742	(2)  Any vendor of voting equipment, chief executive
743	officer of such a vendor, or vendor representative who provides a
744	voting system, voting system component, or voting system upgrade
745	in violation of the provisions of this chapter commits a felony
746	of the third degree, punishable as provided in s. 775.082, s.
747	775.083, or s. 775.084.
748	Section 19.  Subsection (4) of section 101.5606, Florida
749	Statutes, is amended, and, effective January 1, 2006, subsection
750	(16) is added to said section, to read:
751	101.5606  Requirements for approval of systems.--No
752	electronic or electromechanical voting system shall be approved
753	by the Department of State unless it is so constructed that:
754	(4)  For systems using marksense paper ballots, it accepts
755	a rejected ballot pursuant to subsection (3) if a voter chooses
756	to cast the ballot, but records no vote for any office that has
757	been overvoted or undervoted.
758	(16)  All electronic voter interface devices are capable of
759	allowing voters to cast both regular and provisional ballots
760	while allowing the elections administrator to preserve the
761	secrecy of voted ballots.
762	Section 20.  Subsections (2) and (3) of section 101.5608,
763	Florida Statutes, are amended to read:
764	101.5608  Voting by electronic or electromechanical method;
765	procedures.--
766	(2)  When an electronic or electromechanical voting system
767	utilizes a ballot card or marksense paper ballot, the following
768	procedures shall be followed:
769	(a)  After receiving a ballot from an inspector, the
770	elector shall, without leaving the polling place, retire to a
771	booth or compartment and mark the ballot. After preparing his or
772	her ballot, the elector shall place the ballot in a secrecy
773	envelope with the stub exposed or shall fold over that portion
774	on which write-in votes may be cast, as instructed, so that the
775	ballot will be deposited in the ballot box without exposing the
776	voter's choices. Before the ballot is deposited in the ballot
777	box, the inspector shall detach the exposed stub and place it in
778	a separate envelope for audit purposes; when a fold-over ballot
779	is used, the entire ballot shall be placed in the ballot box.
780	(b)  Any voter who spoils his or her ballot or makes an
781	error may return the ballot to the election official and secure
782	another ballot, except that in no case shall a voter be
783	furnished more than three ballots. If the vote tabulation device
784	has rejected a ballot, the ballot shall be considered spoiled
785	and a new ballot shall be provided to the voter unless the voter
786	chooses to cast the rejected ballot. The election official,
787	without examining the original ballot, shall state the possible
788	reasons for the rejection and shall provide instruction to the
789	voter pursuant to s. 101.5611. A spoiled ballot shall be
790	preserved, without examination, in an envelope provided for that
791	purpose. The stub shall be removed from the ballot and placed in
792	an envelope.
793	(c)  The supervisor of elections shall prepare for each
794	polling place at least one ballot box to contain the ballots of
795	a particular precinct, and each ballot box shall be plainly
796	marked with the name of the precinct for which it is intended.
797	(3)  The Department of State shall promulgate rules
798	regarding voting procedures to be used when an electronic or
799	electromechanical voting system is of a type which does not
800	utilize a ballot card or marksense paper ballot.
801	Section 21.  Subsection (2) of section 101.5612, Florida
802	Statutes, is amended to read:
803	101.5612  Testing of tabulating equipment.--
804	(2)  On any day not more than 10 days prior to the
805	commencement of early voting as provided in s. 101.657 election
806	day, the supervisor of elections shall have the automatic
807	tabulating equipment publicly tested to ascertain that the
808	equipment will correctly count the votes cast for all offices
809	and on all measures. Public notice of the time and place of the
810	test shall be given at least 48 hours prior thereto by
811	publication once in one or more newspapers of general
812	circulation in the county or, if there is no newspaper of
813	general circulation in the county, by posting the such notice in
814	at least four conspicuous places in the county. The supervisor
815	or the municipal elections official may, at the time of
816	qualifying, give written notice of the time and location of the
817	such public preelection test to each candidate qualifying with
818	that office and obtain a signed receipt that the such notice has
819	been given. The Department of State shall give written notice to
820	each statewide candidate at the time of qualifying, or
821	immediately at the end of qualifying, that the voting equipment
822	will be tested and advise each such candidate to contact the
823	county supervisor of elections as to the time and location of
824	the public preelection test. The supervisor or the municipal
825	elections official shall, at least 15 days prior to the
826	commencement of early voting as provided in s. 101.657 an
827	election, send written notice by certified mail to the county
828	party chair of each political party and to all candidates for
829	other than statewide office whose names appear on the ballot in
830	the county and who did not receive written notification from the
831	supervisor or municipal elections official at the time of
832	qualifying, stating the time and location of the public
833	preelection test of the automatic tabulating equipment. The
834	canvassing board shall convene, and each member of the
835	canvassing board shall certify to the accuracy of the test. For
836	the test, the canvassing board may designate one member to
837	represent it. The test shall be open to representatives of the
838	political parties, the press, and the public. Each political
839	party may designate one person with expertise in the computer
840	field who shall be allowed in the central counting room when all
841	tests are being conducted and when the official votes are being
842	counted. The Such designee shall not interfere with the normal
843	operation of the canvassing board.
844	Section 22.  Section 101.5613, Florida Statutes, is amended
845	to read:
846	101.5613  Examination of equipment during voting.--A member
847	of the election board or, for purposes of early voting pursuant
848	to s. 101.657, a representative of the supervisor of elections,
849	shall occasionally examine the face of the voting device and the
850	ballot information to determine that the device and the ballot
851	information have not been damaged or tampered with.
852	Section 23.  Subsection (1) of section 101.595, Florida
853	Statutes, is amended to read:
854	101.595  Analysis and reports of voting problems.--
855	(1)  No later than December 15 of each general election
856	year, the supervisor of elections in each county shall report to
857	the Department of State the total number of overvotes and
858	undervotes in either the presidential or the gubernatorial race,
859	whichever is applicable the first race appearing on the ballot
860	pursuant to s. 101.151(2), along with the likely reasons for
861	such overvotes and undervotes and other information as may be
862	useful in evaluating the performance of the voting system and
863	identifying problems with ballot design and instructions which
864	may have contributed to voter confusion.
865	Section 24.  Subsection (1) of section 101.6103, Florida
866	Statutes, is amended, subsection (6) is renumbered as subsection
867	(7), and a new subsection (6) is added to said section, to read:
868	101.6103  Mail ballot election procedure.--
869	(1)  Except as otherwise provided in subsection (7) (6),
870	the supervisor of elections shall mail all official ballots with
871	a secrecy envelope, a return mailing envelope, and instructions
872	sufficient to describe the voting process to each elector
873	entitled to vote in the election not sooner than the 20th day
874	before the election and not later than the 10th day before the
875	date of the election. All such ballots shall be mailed by first-
876	class mail. Ballots shall be addressed to each elector at the
877	address appearing in the registration records and placed in an
878	envelope which is prominently marked "Do Not Forward."
879	(6)  The canvassing board may begin the canvassing of mail
880	ballots at 7 a.m. on the fourth day before the election,
881	including processing the ballots through the tabulating
882	equipment. However, no results shall be released until after 7
883	p.m. on the day of the election. Any canvassing board member or
884	election employee who releases any result prior to 7 p.m. on the
885	day of the election commits a felony of the third degree,
886	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
887	(7)(6)  With respect to absent electors overseas entitled
888	to vote in the election, the supervisor of elections shall mail
889	an official ballot with a secrecy envelope, a return mailing
890	envelope, and instructions sufficient to describe the voting
891	process to each such elector on a date sufficient to allow such
892	elector time to vote in the election and to have his or her
893	marked ballot reach the supervisor by 7 p.m. on the day of the
894	election.
895	Section 25.  Section 101.62, Florida Statutes, is amended
896	to read:
897	101.62  Request for absentee ballots.--
898	(1)(a)  The supervisor may accept a request for an absentee
899	ballot from an elector in person or in writing. Except as
900	provided in s. 101.694, one request shall be deemed sufficient
901	to receive an absentee ballot for all elections which are held
902	within a calendar year, unless the elector or the elector's
903	designee indicates at the time the request is made the elections
904	for which the elector desires to receive an absentee ballot.
905	Such request may be considered canceled when any first-class
906	mail sent by the supervisor to the elector is returned as
907	undeliverable.
908	(b)  The supervisor may accept a written or telephonic
909	request for an absentee ballot from the elector, or, if directly
910	instructed by the elector, a member of the elector's immediate
911	family, or the elector's legal guardian. For purposes of this
912	section, the term "immediate family" has the same meaning as
913	specified in paragraph (3)(4)(b). The person making the request
914	must disclose:
915	1.  The name of the elector for whom the ballot is
916	requested;
917	2.  The elector's address;
918	3.  The elector's date of birth;
919	4.  The requester's name;
920	5.  The requester's address;
921	6.  The requester's driver's license number, if available;
922	7.  The requester's relationship to the elector; and
923	8.  The requester's signature (written requests only).
924	(2)  If a request for an absentee ballot is received after
925	the Friday before the election by the supervisor of elections
926	from an absent elector overseas, the supervisor shall send a
927	notice to the elector acknowledging receipt of his or her
928	request and notifying the elector that the ballot will not be
929	forwarded due to insufficient time for return of the ballot by
930	the required deadline.
931	(2)(3)  For each request for an absentee ballot received,
932	the supervisor shall record the date the request was made, the
933	date the absentee ballot was delivered or mailed, the date the
934	ballot was received by the supervisor, and such other
935	information he or she may deem necessary. This information shall
936	be confidential and exempt from the provisions of s. 119.07(1)
937	and shall be made available to or reproduced only for a
938	canvassing board, an election official, a political party or
939	official thereof, a candidate who has filed qualification papers
940	and is opposed in an upcoming election, and registered political
941	committees or registered committees of continuous existence, for
942	political purposes only.
943	(3)(4)(a)  To each absent qualified elector overseas who
944	has requested an absentee ballot, the supervisor of elections
945	shall, not fewer than 35 days before the first primary election,
946	mail an absentee ballot. Not fewer than 45 days before the
947	second primary and general election, the supervisor of elections
948	shall mail an absentee ballot. If the regular absentee ballots
949	are not available, the supervisor shall mail an advance absentee
950	ballot to those persons requesting ballots for such elections.
951	The advance absentee ballot for the second primary shall be the
952	same as the first primary absentee ballot as to the names of
953	candidates, except that for any offices where there are only two
954	candidates, those offices and all political party executive
955	committee offices shall be omitted. Except as provided in s.
956	99.063(4), the advance absentee ballot for the general election
957	shall be as specified in s. 101.151, except that in the case of
958	candidates of political parties where nominations were not made
959	in the first primary, the names of the candidates placing first
960	and second in the first primary election shall be printed on the
961	advance absentee ballot. The advance absentee ballot or advance
962	absentee ballot information booklet shall be of a different
963	color for each election and also a different color from the
964	absentee ballots for the first primary, second primary, and
965	general election. The supervisor shall mail an advance absentee
966	ballot for the second primary and general election to each
967	qualified absent elector for whom a request is received until
968	the absentee ballots are printed. The supervisor shall enclose
969	with the advance second primary absentee ballot and advance
970	general election absentee ballot an explanation stating that the
971	absentee ballot for the election will be mailed as soon as it is
972	printed; and, if both the advance absentee ballot and the
973	absentee ballot for the election are returned in time to be
974	counted, only the absentee ballot will be counted. The
975	Department of State may prescribe by rule the requirements for
976	preparing and mailing absentee ballots to absent qualified
977	electors overseas.
978	(b)  As soon as the remainder of the absentee ballots are
979	printed, the supervisor shall provide an absentee ballot to each
980	elector by whom a request for that ballot has been made by one
981	of the following means:
982	1.  By nonforwardable, return-if-undeliverable mail to the
983	elector's current mailing address on file with the supervisor,
984	unless the elector specifies in the request that:
985	a.  The elector is absent from the county and does not plan
986	to return before the day of the election;
987	b.  The elector is temporarily unable to occupy the
988	residence because of hurricane, tornado, flood, fire, or other
989	emergency or natural disaster; or
990	c.  The elector is in a hospital, assisted-living facility,
991	nursing home, short-term medical or rehabilitation facility, or
992	correctional facility,
993
994	in which case the supervisor shall mail the ballot by
995	nonforwardable, return-if-undeliverable mail to any other
996	address the elector specifies in the request.
997	2.  By forwardable mail to voters who are entitled to vote
998	by absentee ballot under the Uniformed and Overseas Citizens
999	Absentee Voting Act.
1000	3.  By personal delivery to the elector, upon presentation
1001	of the identification required in s. 101.657.
1002	4.  By delivery to a designee on election day or up to 4
1003	days prior to the day of an election. Any elector may designate
1004	in writing a person to pick up the ballot for the elector;
1005	however, the person designated may not pick up more than two
1006	absentee ballots per election, other than the designee's own
1007	ballot, except that additional ballots may be picked up for
1008	members of the designee's immediate family. For purposes of this
1009	section, "immediate family" means the designee's spouse or the
1010	parent, child, grandparent, or sibling of the designee or of the
1011	designee's spouse. The designee shall provide to the supervisor
1012	the written authorization by the elector and a picture
1013	identification of the designee and must complete an affidavit.
1014	The designee shall state in the affidavit that the designee is
1015	authorized by the elector to pick up that ballot and shall
1016	indicate if the elector is a member of the designee's immediate
1017	family and, if so, the relationship. The department shall
1018	prescribe the form of the affidavit. If the supervisor is
1019	satisfied that the designee is authorized to pick up the ballot
1020	and that the signature of the elector on the written
1021	authorization matches the signature of the elector on file, the
1022	supervisor shall give the ballot to that designee for delivery
1023	to the elector.
1024	(4)(5)  In the event that the Elections Canvassing
1025	Commission is unable to certify the results of an election for a
1026	state office in time to comply with subsection (3) (4), the
1027	Department of State is authorized to prescribe rules for a
1028	ballot to be sent to absent electors overseas.
1029	(5)(6)  Nothing other than the materials necessary to vote
1030	absentee shall be mailed or delivered with any absentee ballot.
1031	Section 26.  Section 101.64, Florida Statutes, is amended
1032	to read:
1033	101.64  Delivery of absentee ballots; envelopes; form.--
1034	(1)  The supervisor shall enclose with each absentee ballot
1035	two envelopes: a secrecy envelope, into which the absent elector
1036	shall enclose his or her marked ballot; and a mailing envelope,
1037	into which the absent elector shall then place the secrecy
1038	envelope, which shall be addressed to the supervisor and also
1039	bear on the back side a certificate in substantially the
1040	following form:
1041
1042	Note: Please Read Instructions Carefully Before
1043	Marking Ballot and Completing Voter's Certificate.
1044
1045	VOTER'S CERTIFICATE
1046	I, _____, do solemnly swear or affirm that I am a qualified
1047	and registered voter of _____ County, Florida, and that I have
1048	not and will not vote more than one ballot in this election. I
1049	understand that if I commit or attempt to commit any fraud in
1050	connection with voting, vote a fraudulent ballot, or vote more
1051	than once in an election, I can be convicted of a felony of the
1052	third degree and fined up to $5,000 and/or imprisoned for up to
1053	5 years. I also understand that failure to sign this certificate
1054	and have my signature properly witnessed will invalidate my
1055	ballot.
1056
1057	...  (Date)  ......  (Voter's Signature)  ...
1058
1059	Note: Your Signature Must Be Witnessed By One Witness 18 Years
1060	of Age or Older as provided in the Instruction Sheet.
1061
1062	I swear or affirm that the voter signed this Voter's Certificate
1063	in my presence.
1064
1065	...  (Signature of Witness)  ...
1066
1067	...  (Address)  ...
1068	...  (City/State)  ...
1069
1070	(2)  The certificate shall be arranged on the back of the
1071	mailing envelope so that the lines for the signature signatures
1072	of the absent elector is and the attesting witness are across
1073	the seal of the envelope; however, no statement shall appear on
1074	the envelope which indicates that a signature of the voter or
1075	witness must cross the seal of the envelope. The absent elector
1076	and the attesting witness shall execute the certificate on the
1077	envelope.
1078	(3)  In lieu of the Voter's Certificate provided in this
1079	section, the supervisor of elections shall provide each person
1080	voting absentee under the Uniformed and Overseas Citizens
1081	Absentee Voting Act with the standard oath prescribed by the
1082	presidential designee.
1083	Section 27.  Section 101.65, Florida Statutes, is amended
1084	to read:
1085	101.65  Instructions to absent electors.--The supervisor
1086	shall enclose with each absentee ballot separate printed
1087	instructions in substantially the following form:
1088
1089	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
1090	1.  VERY IMPORTANT. In order to ensure that your absentee
1091	ballot will be counted, it should be completed and returned as
1092	soon as possible so that it can reach the supervisor of
1093	elections of the county in which your precinct is located no
1094	later than 7 p.m. on the day of the election.
1095	2.  Mark your ballot in secret as instructed on the ballot.
1096	You must mark your own ballot unless you are unable to do so
1097	because of blindness, disability, or inability to read or write.
1098	3.  Mark only the number of candidates or issue choices for
1099	a race as indicated on the ballot. If you are allowed to "Vote
1100	for One" candidate and you vote for more than one candidate,
1101	your vote in that race will not be counted.
1102	4.  Place your marked ballot in the enclosed secrecy
1103	envelope.
1104	5.  Insert the secrecy envelope into the enclosed mailing
1105	envelope which is addressed to the supervisor.
1106	6.  Seal the mailing envelope and completely fill out the
1107	Voter's Certificate on the back of the mailing envelope.
1108	7.  VERY IMPORTANT. In order for your absentee ballot to be
1109	counted, you must sign your name on the line above (Voter's
1110	Signature).
1111	8.  VERY IMPORTANT. If you are an overseas voter, you must
1112	include the date you signed the Voter's Certificate on the line
1113	above (Date) or your ballot may not be counted.
1114	9.  VERY IMPORTANT. In order for your absentee ballot to be
1115	counted, it must include the signature and address of a witness
1116	18 years of age or older affixed to the Voter's Certificate. No
1117	candidate may serve as an attesting witness.
1118	9.10.  Mail, deliver, or have delivered the completed
1119	mailing envelope. Be sure there is sufficient postage if mailed.
1120	10.11.  FELONY NOTICE. It is a felony under Florida law to
1121	accept any gift, payment, or gratuity in exchange for your vote
1122	for a candidate. It is also a felony under Florida law to vote
1123	in an election using a false identity or false address, or under
1124	any other circumstances making your ballot false or fraudulent.
1125	Section 28.  Section 101.657, Florida Statutes, is amended
1126	to read:
1127	101.657  Early voting absentee ballots in person.--
1128	(1)  Any qualified and registered elector may pick up and
1129	vote an absentee ballot in person at the office of, and under
1130	the supervision of, the supervisor of elections. Before
1131	receiving the ballot, the elector must present a current and
1132	valid picture identification as provided in s. 97.0535(3)(a). If
1133	the elector fails to furnish the required identification, or if
1134	the supervisor is in doubt as to the identity of the elector,
1135	the supervisor must follow the procedure prescribed in s.
1136	101.49. If the elector who fails to furnish the required
1137	identification is a first-time voter who registered by mail and
1138	has not provided the required identification to the supervisor
1139	of elections prior to voting, the elector shall be allowed to
1140	vote a provisional ballot. The canvassing board shall compare
1141	the signature on the provisional ballot envelope with the
1142	signature on the voter's registration and, if the signatures
1143	match, shall count the ballot.
1144	(1)(a)(2)  As an alternative to the provisions of ss.
1145	101.64 and 101.65, The supervisor of elections shall may allow
1146	an elector to vote early cast an absentee ballot in the main or
1147	branch office of the supervisor by depositing the voted ballot
1148	in a voting device used by the supervisor to collect or tabulate
1149	ballots. In order for a branch office to be used for early
1150	voting, it shall be a full-service facility of the supervisor and
1151	shall have been designated as such at least 1 year prior to the
1152	election. The supervisor may designate any city hall or public
1153	library as an early voting site; however, if so designated, the
1154	site must be geographically located so as to provide all voters
1155	in the county an equal opportunity to cast a ballot, insofar as
1156	is practicable. The results or tabulation may not be made before
1157	the close of the polls on election day.
1158	(b)  Early voting shall begin on the 15th day before an
1159	election and end on the day before an election. For purposes of
1160	a special election held pursuant to s. 100.101, early voting
1161	shall begin on the 8th day before an election and end on the day
1162	before an election. Early voting shall be provided for at least
1163	8 hours per day during the applicable periods and may be
1164	provided on weekend days.
1165	(2)(a)  The elector must provide identification as required
1166	in subsection (1) and must complete an Early Voting In-Office
1167	Voter Certificate in substantially the following form:
1168
1169	EARLY VOTING IN-OFFICE VOTER CERTIFICATE
1170
1171	I, _____, am a qualified elector in this election and registered
1172	voter of _____ County, Florida. I do solemnly swear or affirm
1173	that I am the person so listed on the voter registration rolls
1174	of _____ County and that I reside at the listed address. I
1175	understand that if I commit or attempt to commit fraud in
1176	connection with voting, vote a fraudulent ballot, or vote more
1177	than once in an election I could be convicted of a felony of the
1178	third degree and both fined up to $5,000 and imprisoned for up
1179	to 5 years. I understand that my failure to sign this
1180	certificate and have my signature witnessed invalidates my
1181	ballot.
1182
1183
1184	...  (Voter's Signature)  ...
1185
1186	...  (Address)  ...
1187
1188	...  (City/State)  ...
1189
1190	...  (Name of Witness)  ...
1191
1192	...  (Signature of Witness)  ...
1193
1194	...  (Type of identification provided)  ...
1195
1196	(b)  Any elector may challenge an elector seeking to vote
1197	early cast an absentee ballot under the provisions of s.
1198	101.111. Any challenged voter ballot must vote be placed in a
1199	provisional regular absentee ballot envelope. The canvassing
1200	board shall review the ballot and decide the validity of the
1201	ballot by majority vote.
1202	(c)  The canvass of returns for ballots cast under this
1203	subsection shall be substantially the same as votes cast by
1204	electors in precincts, as provided in s. 101.5614.
1205	Section 29.  Paragraph (c) of subsection (2) of section
1206	101.68, Florida Statutes, is amended to read:
1207	101.68  Canvassing of absentee ballot.--
1208	(2)
1209	(c)1.  The canvassing board shall, if the supervisor has
1210	not already done so, compare the signature of the elector on the
1211	voter's certificate with the signature of the elector in the
1212	registration books to see that the elector is duly registered in
1213	the county and to determine the legality of that absentee
1214	ballot. An absentee ballot shall be considered illegal if it
1215	does not include the signature of the elector, as shown by the
1216	registration records, and the signature and address of an
1217	attesting witness. However, an absentee ballot shall not be
1218	considered illegal if the signature of the elector or attesting
1219	witness does not cross the seal of the mailing envelope. If the
1220	canvassing board determines that any ballot is illegal, a member
1221	of the board shall, without opening the envelope, mark across
1222	the face of the envelope: "rejected as illegal." The envelope
1223	and the ballot contained therein shall be preserved in the
1224	manner that official ballots voted are preserved.
1225	2.  If any elector or candidate present believes that an
1226	absentee ballot is illegal due to a defect apparent on the
1227	voter's certificate, he or she may, at any time before the
1228	ballot is removed from the envelope, file with the canvassing
1229	board a protest against the canvass of that ballot, specifying
1230	the precinct, the ballot, and the reason he or she believes the
1231	ballot to be illegal. A challenge based upon a defect in the
1232	voter's certificate may not be accepted after the ballot has
1233	been removed from the mailing envelope.
1234	Section 30.  Subsections (3) and (4) of section 101.6921,
1235	Florida Statutes, are amended to read:
1236	101.6921  Delivery of special absentee ballot to certain
1237	first-time voters.--
1238	(3)  The Voter's Certificate shall be in substantially the
1239	following form:
1240
1241	Note: Please Read Instructions Carefully Before Marking Ballot
1242	and Completing Voter's Certificate
1243
1244	VOTER'S CERTIFICATE
1245
1246	I, _____, do solemnly swear or affirm that I am a qualified
1247	and registered voter of _____ County, Florida, and that I have
1248	not and will not vote more than one ballot in this election. I
1249	understand that if I commit or attempt to commit any fraud in
1250	connection with voting, vote a fraudulent ballot, or vote more
1251	than once in an election, I can be convicted of a felony of the
1252	third degree and fined up to $5,000 and/or imprisoned for up to
1253	5 years. I also understand that failure to sign this certificate
1254	and have my signature properly witnessed will invalidate my
1255	ballot. I understand that unless I meet one of the exemptions
1256	below, I must provide a copy of a current and valid
1257	identification as provided in the instruction sheet to the
1258	supervisor of elections in order for my ballot to count.
1259	I further certify that I am exempt from the requirements to
1260	furnish a copy of a current and valid identification with my
1261	ballot because of one or more of the following (check all that
1262	apply):
1263	[ ] I am 65 years of age or older.
1264	[ ] I have a permanent or temporary physical disability.
1265	[ ] I am a member of a uniformed service on active duty
1266	who, by reason of such active duty, will be absent from the
1267	county on election day.
1268	[ ] I am a member of the Merchant Marine who, by reason of
1269	service in the Merchant Marine, will be absent from the county
1270	on election day.
1271	[ ] I am the spouse or dependent of a member of the
1272	uniformed service or Merchant Marine who, by reason of the
1273	active duty or service of the member, will be absent from the
1274	county on election day.
1275	[ ] I am currently residing outside the United States.
1276
1277	...  (Date)  ......  Voter's Signature  ...
1278
1279	Note: Your signature must be witnessed by one witness 18 years
1280	of age or older as provided in the instruction sheet.
1281
1282	I swear or affirm that the voter signed this Voter's Certificate
1283	in my presence.
1284
1285	...  (Signature of Witness)  ...
1286
1287	...  (Address)  ...
1288
1289	...  (City/State)  ...
1290
1291	(4)  The certificate shall be arranged on the back of the
1292	envelope so that the lines for the signature signatures of the
1293	absent elector is and the attesting witness are across the seal
1294	of the envelope.
1295	Section 31.  Subsection (2) of section 101.6923, Florida
1296	Statutes, is amended to read:
1297	101.6923  Special absentee ballot instructions for certain
1298	first-time voters.--
1299	(2)  A voter covered by this section shall be provided with
1300	the following printed instructions with his or her absentee
1301	ballot in substantially the following form:
1302
1303	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
1304	BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
1305	BALLOT NOT TO COUNT.
1306
1307	1.  In order to ensure that your absentee ballot will be
1308	counted, it should be completed and returned as soon as possible
1309	so that it can reach the supervisor of elections of the county
1310	in which your precinct is located no later than 7 p.m. on the
1311	date of the election.
1312	2.  Mark your ballot in secret as instructed on the ballot.
1313	You must mark your own ballot unless you are unable to do so
1314	because of blindness, disability, or inability to read or write.
1315	3.  Mark only the number of candidates or issue choices for
1316	a race as indicated on the ballot. If you are allowed to "Vote
1317	for One" candidate and you vote for more than one, your vote in
1318	that race will not be counted.
1319	4.  Place your marked ballot in the enclosed secrecy
1320	envelope and seal the envelope.
1321	5.  Insert the secrecy envelope into the enclosed envelope
1322	bearing the Voter's Certificate. Seal the envelope and
1323	completely fill out the Voter's Certificate on the back of the
1324	envelope.
1325	a.  You must sign your name on the line above (Voter's
1326	Signature).
1327	b.  You must have your signature witnessed. Have the
1328	witness sign above (Signature of Witness) and include his or her
1329	address. No candidate may serve as an attesting witness.
1330	b.c.  If you are an overseas voter, you must include the
1331	date you signed the Voter's Certificate on the line above (Date)
1332	or your ballot may not be counted.
1333	6.  Unless you meet one of the exemptions in Item 7., you
1334	must make a copy of one of the following forms of
1335	identification:
1336	a.  Identification which must include your name and
1337	photograph: current and valid Florida driver's license; Florida
1338	identification card issued by the Department of Highway Safety
1339	and Motor Vehicles; United States passport; employee badge or
1340	identification; buyer's club identification card; debit or
1341	credit card; military identification; student identification;
1342	retirement center identification; neighborhood association
1343	identification; entertainment identification; or public
1344	assistance identification; or
1345	b.  Identification which shows your name and current
1346	residence address: current utility bill, bank statement,
1347	government check, paycheck, or government document (excluding
1348	voter identification card).
1349	7.  The identification requirements of Item 6. do not apply
1350	if you meet one of the following requirements:
1351	a.  You are 65 years of age or older.
1352	b.  You have a temporary or permanent physical disability.
1353	c.  You are a member of a uniformed service on active duty
1354	who, by reason of such active duty, will be absent from the
1355	county on election day.
1356	d.  You are a member of the Merchant Marine who, by reason
1357	of service in the Merchant Marine, will be absent from the
1358	county on election day.
1359	e.  You are the spouse or dependent of a member referred to
1360	in paragraph c. or paragraph d. who, by reason of the active
1361	duty or service of the member, will be absent from the county on
1362	election day.
1363	f.  You are currently residing outside the United States.
1364	8.  Place the envelope bearing the Voter's Certificate into
1365	the mailing envelope addressed to the supervisor. Insert a copy
1366	of your identification in the mailing envelope. DO NOT PUT YOUR
1367	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1368	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
1369	BALLOT WILL NOT COUNT.
1370	9.  Mail, deliver, or have delivered the completed mailing
1371	envelope. Be sure there is sufficient postage if mailed.
1372	10.  FELONY NOTICE. It is a felony under Florida law to
1373	accept any gift, payment, or gratuity in exchange for your vote
1374	for a candidate. It is also a felony under Florida law to vote
1375	in an election using a false identity or false address, or under
1376	any other circumstances making your ballot false or fraudulent.
1377	Section 32.  Subsection (3) of section 101.694, Florida
1378	Statutes, is amended to read:
1379	101.694  Mailing of ballots upon receipt of federal
1380	postcard application.--
1381	(3)  Absentee envelopes printed for overseas voters shall
1382	meet the specifications as determined by the Division of
1383	Elections in conjunction with the Federal Voting Assistance
1384	Program of the United States Department of Defense and the United
1385	States Postal Service. There shall be printed across the face of
1386	each envelope in which a ballot is sent to a federal postcard
1387	applicant, or is returned by such applicant to the supervisor,
1388	two parallel horizontal red bars, each one-quarter inch wide,
1389	extending from one side of the envelope to the other side, with
1390	an intervening space of one-quarter inch, the top bar to be 11/4
1391	inches from the top of the envelope, and with the words
1392	"Official Election Balloting Material-via Air Mail," or similar
1393	language, between the bars. There shall be printed in the upper
1394	right corner of each such envelope, in a box, the words "Free of
1395	U. S. Postage, including Air Mail." All printing on the face of
1396	each envelope shall be in red, and there shall be printed in red
1397	in the upper left corner of each ballot envelope an appropriate
1398	inscription or blanks for return address of sender. Additional
1399	specifications may be prescribed by rule of the Division of
1400	Elections upon recommendation of the presidential designee under
1401	the Uniformed and Overseas Citizens Absentee Voting Act.
1402	Otherwise, the envelopes shall be the same as those used in
1403	sending ballots to, or receiving them from, other absentee
1404	voters.
1405	Section 33.  Subsection (2) of section 101.6952, Florida
1406	Statutes, is amended to read:
1407	101.6952  Absentee ballots for overseas voters.--
1408	(2)  For absentee ballots received from overseas voters,
1409	there is a presumption that the envelope was mailed on the date
1410	stated and witnessed on the outside of the return envelope,
1411	regardless of the absence of a postmark on the mailed envelope
1412	or the existence of a postmark date that is later than the date
1413	of the election.
1414	Section 34.  Section 101.697, Florida Statutes, is amended
1415	to read:
1416	101.697  Electronic transmission of election
1417	materials.--The Department of State shall adopt rules to
1418	The Department of State shall adopt rules to authorize a
1419	supervisor of elections to accept a request for an absentee
1420	ballot and a voted absentee ballot by facsimile machine or other
1421	electronic means from overseas voters, if the department can be
1422	assured that the security of the transmission of the ballot is
1423	able to be established. The rules must provide that in order to
1424	accept a voted ballot, the verification of the voter must be
1425	established, the security of the transmission must be
1426	established, and each ballot received must be recorded.
1427	Section 35.  Section 102.012, Florida Statutes, is amended
1428	to read:
1429	102.012  Inspectors and clerks to conduct elections.--
1430	(1)  The supervisor of elections of each county, at least
1431	20 days prior to the holding of any election, shall appoint an
1432	two election board boards for each precinct in the county;
1433	however, the supervisor of elections may, in any election,
1434	appoint one election board if the supervisor has reason to
1435	believe that only one is necessary. The clerk shall be in charge
1436	of, and responsible for, seeing that the election board carries
1437	out its duties and responsibilities. Each inspector and each
1438	clerk shall take and subscribe to an oath or affirmation, which
1439	shall be written or printed, to the effect that he or she will
1440	perform the duties of inspector or clerk of election,
1441	respectively, according to law and will endeavor to prevent all
1442	fraud, deceit, or abuse in conducting the election. The oath may
1443	be taken before an officer authorized to administer oaths or
1444	before any of the persons who are to act as inspectors, one of
1445	them to swear the others, and one of the others sworn thus, in
1446	turn, to administer the oath to the one who has not been sworn.
1447	The oaths shall be returned with the poll list and the returns
1448	of the election to the supervisor. In all questions that may
1449	arise before the members of an election board, the decision of a
1450	majority of them shall decide the question. The supervisor of
1451	elections of each county shall be responsible for the attendance
1452	and diligent performance of his or her duties by each clerk and
1453	inspector.
1454	(2)  Each member of the election board shall be able to
1455	read and write the English language and shall be a registered
1456	qualified elector of the county in which the member is appointed
1457	or a person who has preregistered to vote, pursuant to s.
1458	97.041(1)(b), in the county in which the member is appointed. No
1459	election board shall be composed solely of members of one
1460	political party; however, in any primary in which only one party
1461	has candidates appearing on the ballot, all clerks and
1462	inspectors may be of that party. Any person whose name appears
1463	as an opposed candidate for any office shall not be eligible to
1464	serve on an election board.
1465	(3)  The supervisor shall furnish inspectors of election
1466	for each precinct with the registration books divided
1467	alphabetically as will best facilitate the holding of an
1468	election. The supervisor shall also furnish to the inspectors of
1469	election at the polling place at each precinct in the
1470	supervisor's county a sufficient number of forms and blanks for
1471	use on election day.
1472	(4)(a)  The election board of each precinct shall attend
1473	the polling place by 6 a.m. of the day of the election and shall
1474	arrange the furniture, stationery, and voting equipment.
1475	(b)  The An election board shall conduct the voting,
1476	beginning and closing at the time set forth in s. 100.011. If
1477	more than one board has been appointed, the second board shall,
1478	upon the closing of the polls, come on duty and count the votes
1479	cast. In such case, the first board shall turn over to the
1480	second board all closed ballot boxes, registration books, and
1481	other records of the election at the time the boards change. The
1482	second board shall continue counting until the count is complete
1483	or until 7 a.m. the next morning, and, if the count is not
1484	completed at that time, the first board that conducted the
1485	election shall again report for duty and complete the count. The
1486	second board shall turn over to the first board all ballots
1487	counted, all ballots not counted, and all registration books and
1488	other records and shall advise the first board as to what has
1489	transpired in tabulating the results of the election.
1490	(5)  In precincts in which there are more than 1,000
1491	registered electors, the supervisor of elections shall appoint
1492	additional election boards necessary for the election.
1493	(6)  In any precinct in which there are fewer than 300
1494	registered electors, it is not necessary to appoint two election
1495	boards, but one such board will suffice. Such board shall be
1496	composed of at least one inspector and one clerk.
1497	Section 36.  Section 102.071, Florida Statutes, is amended
1498	to read:
1499	102.071  Tabulation of votes and proclamation of results
1500	where ballots are used.--The election board shall post at the
1501	polls, for the benefit of the public, the results of the voting
1502	for each office or other item on the ballot as the count is
1503	completed. Upon completion of all counts in all races, a
1504	certificate triplicate certificates of the results shall be
1505	drawn up by the inspectors and clerk at each precinct upon a
1506	form provided by the supervisor of elections which shall contain
1507	the name of each person voted for, for each office, and the
1508	number of votes cast for each person for such office; and, if
1509	any question is submitted, the certificate shall also contain
1510	the number of votes cast for and against the question. The
1511	certificate shall be signed by the inspectors and clerk, and one
1512	of the certificates shall be delivered without delay by one of
1513	the inspectors, securely sealed, to the supervisor for immediate
1514	publication; the duplicate copy of the certificate shall be
1515	delivered to the county court judge; and the remaining copy
1516	shall be enclosed in the ballot box together with the oaths of
1517	inspectors and clerks. All the ballot boxes, ballots, ballot
1518	stubs, memoranda, and papers of all kinds used in the election
1519	shall also be transmitted, after being sealed by the inspectors,
1520	to with the certificates of result of the election to be filed
1521	in the supervisor's office. Registration books and the poll
1522	lists shall not be placed in the ballot boxes but shall be
1523	returned to the supervisor.
1524	Section 37.  Subsection (3) is added to section 102.111,
1525	Florida Statutes, to read:
1526	102.111  Elections Canvassing Commission.--
1527	(3)  The Elections Canvassing Commission may delegate to
1528	the chief election officer the authority to order recounts
1529	pursuant to ss. 102.141(6) and 102.166.
1530	Section 38.  Subsections (3), (4), (5), (6), and (8) of
1531	section 102.141, Florida Statutes, are amended to read:
1532	102.141  County canvassing board; duties.--
1533	(3)  The canvass, except the canvass of absentee electors'
1534	returns and the canvass of provisional ballots, shall be made
1535	from the returns and certificates of the inspectors as signed
1536	and filed by them with the county court judge and supervisor,
1537	respectively, and the county canvassing board shall not change
1538	the number of votes cast for a candidate, nominee,
1539	constitutional amendment, or other measure submitted to the
1540	electorate of the county, respectively, in any polling place, as
1541	shown by the returns. All returns shall be made to the board on
1542	or before 2 a.m. of the day following any primary, general,
1543	special, or other election. If the returns from any precinct are
1544	missing, if there are any omissions on the returns from any
1545	precinct, or if there is an obvious error on any such returns,
1546	the canvassing board shall order a retabulation recount of the
1547	returns from such precinct. Before canvassing such returns, the
1548	canvassing board shall examine the tabulation of the ballots
1549	cast in such precinct and determine whether the returns
1550	correctly reflect the votes cast. If there is a discrepancy
1551	between the returns and the tabulation of the ballots cast, the
1552	tabulation of the ballots cast shall be presumed correct and
1553	such votes shall be canvassed accordingly.
1554	(4)  The canvassing board shall submit unofficial returns
1555	on forms or formats provided by the division to the Department
1556	of State for each federal, statewide, state, or multicounty
1557	office or ballot measure no later than noon on the second day
1558	after any primary, general, special, or other election. Such
1559	returns shall include the canvass of all ballots as required by
1560	subsection (2).
1561	(5)  If the county canvassing board determines that the
1562	unofficial returns may contain a counting error in which the
1563	vote tabulation system failed to count votes that were properly
1564	marked in accordance with the instructions on the ballot, the
1565	county canvassing board shall:
1566	(a)  Correct the error and retabulate recount the affected
1567	ballots with the vote tabulation system; or
1568	(b)  Request that the Department of State verify the
1569	tabulation software. When the Department of State verifies such
1570	software, the department shall compare the software used to
1571	tabulate the votes with the software filed with the department
1572	pursuant to s. 101.5607 and check the election parameters.
1573	(6)  If the unofficial returns reflect that a candidate for
1574	any office was defeated or eliminated by one-half of a percent
1575	or less of the votes cast for such office, that a candidate for
1576	retention to a judicial office was retained or not retained by
1577	one-half of a percent or less of the votes cast on the question
1578	of retention, or that a measure appearing on the ballot was
1579	approved or rejected by one-half of a percent or less of the
1580	votes cast on such measure, the board responsible for certifying
1581	the results of the vote on such race or measure shall order a
1582	recount of the votes cast with respect to such office or
1583	measure. The county canvassing board is the board responsible
1584	for ordering county and local recounts. The Elections Canvassing
1585	Commission is the board responsible for ordering federal, state,
1586	and multicounty recounts. A recount need not be ordered with
1587	respect to the returns for any office, however, if the candidate
1588	or candidates defeated or eliminated from contention for such
1589	office by one-half of a percent or less of the votes cast for
1590	such office request in writing that a recount not be made.
1591	(a)  In counties with voting systems that use paper
1592	ballots, Each canvassing board responsible for conducting a
1593	recount shall put each marksense ballot through automatic
1594	tabulating equipment and determine whether the returns correctly
1595	reflect the votes cast. If any marksense paper ballot is
1596	physically damaged so that it cannot be properly counted by the
1597	automatic tabulating equipment during the recount, a true
1598	duplicate shall be made of the damaged ballot pursuant to the
1599	procedures in s. 101.5614(5). Immediately before the start of
1600	the recount and after completion of the count, a test of the
1601	tabulating equipment shall be conducted as provided in s.
1602	101.5612. If the test indicates no error, the recount tabulation
1603	of the ballots cast shall be presumed correct and such votes
1604	shall be canvassed accordingly. If an error is detected, the
1605	cause therefor shall be ascertained and corrected and the
1606	recount repeated, as necessary. The canvassing board shall
1607	immediately report the error, along with the cause of the error
1608	and the corrective measures being taken, to the Department of
1609	State. No later than 11 days after the election, the canvassing
1610	board shall file a separate incident report with the Department
1611	of State, detailing the resolution of the matter and identifying
1612	any measures that will avoid a future recurrence of the error.
1613	(b)  In counties with voting systems that do not use paper
1614	ballots, Each canvassing board responsible for conducting a
1615	recount where touchscreen ballots were used shall examine the
1616	counters on the precinct tabulators to ensure that the total of
1617	the returns on the precinct tabulators equals the overall
1618	election return. If there is a discrepancy between the overall
1619	election return and the counters of the precinct tabulators, the
1620	counters of the precinct tabulators shall be presumed correct
1621	and such votes shall be canvassed accordingly.
1622	(c)  The canvassing board shall submit a second set of
1623	unofficial returns on forms or formats provided by the division
1624	to the Department of State for each federal, statewide, state,
1625	or multicounty office or ballot measure no later than noon on
1626	the fourth third day after any election in which a recount was
1627	conducted pursuant to this subsection. If the canvassing board
1628	is unable to complete the recount prescribed in this subsection
1629	by the deadline, the second set of unofficial returns submitted
1630	by the canvassing board shall be identical to the initial
1631	unofficial returns and the submission shall also include a
1632	detailed explanation of why it was unable to timely complete the
1633	recount. However, the canvassing board shall complete the
1634	recount prescribed in this subsection, along with any manual
1635	recount prescribed in s. 102.166, and certify election returns
1636	in accordance with the requirements of this chapter.
1637	(d)  The Department of State shall adopt detailed rules
1638	prescribing additional recount procedures for each certified
1639	voting system, which shall be uniform to the extent practicable.
1640	(8)  At the same time that the official results of an
1641	election are certified to the Department of State, the county
1642	canvassing board shall file a report with the Division of
1643	Elections on the conduct of the election. The report shall
1644	contain information relating to any problems incurred as a
1645	result of equipment malfunctions either at the precinct level or
1646	at a counting location, any difficulties or unusual
1647	circumstances encountered by an election board or the canvassing
1648	board, and any other additional information which the canvassing
1649	board feels should be made a part of the official election
1650	record. Such reports shall be maintained on file in the Division
1651	of Elections and shall be available for public inspection. The
1652	division shall utilize the reports submitted by the canvassing
1653	boards to determine what problems may be likely to occur in
1654	other elections and disseminate such information, along with
1655	possible solutions, to the supervisors of elections.
1656	Section 39.  Section 102.168, Florida Statutes, is amended
1657	to read:
1658	102.168  Contest of election.--
1659	(1)  Except as provided in s. 102.171, the certification of
1660	election or nomination of any person to office, or of the result
1661	on any question submitted by referendum, may be contested in the
1662	circuit court by any unsuccessful candidate for such office or
1663	nomination thereto or by any elector qualified to vote in the
1664	election related to such candidacy, or by any taxpayer,
1665	respectively.
1666	(2)  Such contestant shall file a complaint, together with
1667	the fees prescribed in chapter 28, with the clerk of the circuit
1668	court within 10 days after midnight of the date the last county
1669	canvassing board responsible for certifying the results
1670	officially empowered to canvass the returns certifies the
1671	results of the election being contested.
1672	(3)  The complaint shall set forth the grounds on which the
1673	contestant intends to establish his or her right to such office
1674	or set aside the result of the election on a submitted
1675	referendum. The grounds for contesting an election under this
1676	section are:
1677	(a)  Misconduct, fraud, or corruption on the part of any
1678	election official or any member of the canvassing board
1679	sufficient to change or place in doubt the result of the
1680	election.
1681	(b)  Ineligibility of the successful candidate for the
1682	nomination or office in dispute.
1683	(c)  Receipt of a number of illegal votes or rejection of a
1684	number of legal votes sufficient to change or place in doubt the
1685	result of the election.
1686	(d)  Proof that any elector, election official, or
1687	canvassing board member was given or offered a bribe or reward
1688	in money, property, or any other thing of value for the purpose
1689	of procuring the successful candidate's nomination or election
1690	or determining the result on any question submitted by
1691	referendum.
1692	(4)  The county canvassing board or Elections Canvassing
1693	Commission shall be an indispensable and the proper party
1694	defendant in county and local elections; the Elections
1695	Canvassing Commission shall be an indispensable and proper party
1696	defendant in federal, state, and multicounty races;, and the
1697	successful candidate shall be an indispensable party to any
1698	action brought to contest the election or nomination of a
1699	candidate.
1700	(5)  A statement of the grounds of contest may not be
1701	rejected, nor the proceedings dismissed, by the court for any
1702	want of form if the grounds of contest provided in the statement
1703	are sufficient to clearly inform the defendant of the particular
1704	proceeding or cause for which the nomination or election is
1705	contested.
1706	(6)  A copy of the complaint shall be served upon the
1707	defendant and any other person named therein in the same manner
1708	as in other civil cases under the laws of this state. Within 10
1709	days after the complaint has been served, the defendant must
1710	file an answer admitting or denying the allegations on which the
1711	contestant relies or stating that the defendant has no knowledge
1712	or information concerning the allegations, which shall be deemed
1713	a denial of the allegations, and must state any other defenses,
1714	in law or fact, on which the defendant relies. If an answer is
1715	not filed within the time prescribed, the defendant may not be
1716	granted a hearing in court to assert any claim or objection that
1717	is required by this subsection to be stated in an answer.
1718	(7)  Any candidate, qualified elector, or taxpayer
1719	presenting such a contest to a circuit judge is entitled to an
1720	immediate hearing. However, the court in its discretion may
1721	limit the time to be consumed in taking testimony, with a view
1722	therein to the circumstances of the matter and to the proximity
1723	of any succeeding election.
1724	Section 40.  Subsection (3) of section 105.031, Florida
1725	Statutes, is amended to read:
1726	105.031  Qualification; filing fee; candidate's oath; items
1727	required to be filed.--
1728	(3)  QUALIFYING FEE.--Each candidate qualifying for
1729	election to a judicial office or the office of school board
1730	member, except write-in judicial or school board candidates,
1731	shall, during the time for qualifying, pay to the officer with
1732	whom he or she qualifies a qualifying fee, which shall consist
1733	of a filing fee and an election assessment, or qualify by the
1734	alternative method. The amount of the filing fee is 3 percent of
1735	the annual salary of the office sought. The amount of the
1736	election assessment is 1 percent of the annual salary of the
1737	office sought. The Department of State shall forward all filing
1738	fees to the Department of Revenue for deposit in the Elections
1739	Commission Trust Fund. The supervisor of elections shall forward
1740	all filing fees to the Elections Commission Trust Fund. The
1741	election assessment shall be deposited into the Elections
1742	Commission Trust Fund. The annual salary of the office for
1743	purposes of computing the qualifying fee shall be computed by
1744	multiplying 12 times the monthly salary authorized for such
1745	office as of July 1 immediately preceding the first day of
1746	qualifying. This subsection shall not apply to candidates
1747	qualifying for retention to judicial office.
1748	Section 41.  Effective January 1, 2005, section 105.035,
1749	Florida Statutes, is amended to read:
1750	105.035  Alternative method of qualifying for certain
1751	judicial offices and the office of school board member.--
1752	(1)  A person seeking to qualify for election to the office
1753	of circuit judge or county court judge or the office of school
1754	board member may qualify for election to such office by means of
1755	the petitioning process prescribed in this section. A person
1756	qualifying by this alternative method shall not be required to
1757	pay the qualifying fee required by this chapter. A person using
1758	this petitioning process shall file an oath with the officer
1759	before whom the candidate would qualify for the office stating
1760	that he or she intends to qualify by this alternative method for
1761	the office sought. Such oath shall be filed at any time after
1762	the first Tuesday after the first Monday in January of the year
1763	in which the election is held, but prior to the 21st day
1764	preceding the first day of the qualifying period for the office
1765	sought. The form of such oath shall be prescribed by the
1766	Division of Elections. No signatures shall be obtained until the
1767	person has filed the oath prescribed in this subsection.
1768	(2)  Upon receipt of a written oath from a candidate, the
1769	qualifying officer shall provide The candidate with a petition
1770	format shall be prescribed by the Division of Elections and
1771	shall to be used by the candidate to reproduce petitions for
1772	circulation. If the candidate is running for an office which
1773	will be grouped on the ballot with two or more similar offices
1774	to be filled at the same election, the candidate's petition must
1775	indicate, prior to the obtaining of registered electors'
1776	signatures, for which group or district office the candidate is
1777	running.
1778	(3)  Each candidate for election to a judicial office or
1779	the office of school board member shall obtain the signature of
1780	a number of qualified electors equal to at least 1 percent of
1781	the total number of registered electors of the district,
1782	circuit, county, or other geographic entity represented by the
1783	office sought as shown by the compilation by the Department of
1784	State for the last preceding general election. A separate
1785	petition shall be circulated for each candidate availing himself
1786	or herself of the provisions of this section. No signatures may
1787	be obtained until the candidate has filed the appointment of
1788	campaign treasurer and designation of campaign depository
1789	pursuant to s. 106.021.
1790	(4)(a)  Each candidate seeking to qualify for election to
1791	the office of circuit judge or the office of school board member
1792	from a multicounty school district pursuant to this section
1793	shall file a separate petition from each county from which
1794	signatures are sought. Each petition shall be submitted, prior
1795	to noon of the 28th 21st day preceding the first day of the
1796	qualifying period for the office sought, to the supervisor of
1797	elections of the county for which such petition was circulated.
1798	Each supervisor of elections to whom a petition is submitted
1799	shall check the signatures on the petition to verify their
1800	status as electors of that county and of the geographic area
1801	represented by the office sought. No later than the 7th day
1802	prior to the first date for qualifying, the supervisor shall
1803	certify the number shown as registered electors and submit such
1804	certification to the Division of Elections. The division shall
1805	determine whether the required number of signatures has been
1806	obtained for the name of the candidate to be placed on the
1807	ballot and shall notify the candidate. If the required number of
1808	signatures has been obtained, the candidate shall, during the
1809	time prescribed for qualifying for office, submit a copy of such
1810	notice and file his or her qualifying papers and oath prescribed
1811	in s. 105.031 with the Division of Elections. Upon receipt of
1812	the copy of such notice and qualifying papers, the division
1813	shall certify the name of the candidate to the appropriate
1814	supervisor or supervisors of elections as having qualified for
1815	the office sought.
1816	(b)  Each candidate seeking to qualify for election to the
1817	office of county court judge or the office of school board
1818	member from a single county school district pursuant to this
1819	section shall submit his or her petition, prior to noon of the
1820	28th 21st day preceding the first day of the qualifying period
1821	for the office sought, to the supervisor of elections of the
1822	county for which such petition was circulated. The supervisor
1823	shall check the signatures on the petition to verify their
1824	status as electors of the county and of the geographic area
1825	represented by the office sought. No later than the 7th day
1826	prior to the first date for qualifying, the supervisor shall
1827	determine whether the required number of signatures has been
1828	obtained for the name of the candidate to be placed on the
1829	ballot and shall notify the candidate. If the required number of
1830	signatures has been obtained, the candidate shall, during the
1831	time prescribed for qualifying for office, submit a copy of such
1832	notice and file his or her qualifying papers and oath prescribed
1833	in s. 105.031 with the qualifying officer. Upon receipt of the
1834	copy of such notice and qualifying papers, such candidate shall
1835	be entitled to have his or her name printed on the ballot.
1836	Section 42.  Subsection (18) is added to section 106.011,
1837	Florida Statutes, to read:
1838	106.011  Definitions.--As used in this chapter, the
1839	following terms have the following meanings unless the context
1840	clearly indicates otherwise:
1841	(18)  "Eliminated candidate" means a candidate for elected
1842	office who failed to receive a sufficient number of votes to be
1843	certified as the winner of an election or as a runoff candidate
1844	in an election. Candidates who file a timely contest of an
1845	election as provided for in s. 102.168 shall not be considered
1846	eliminated for the purposes of receiving contributions and
1847	making expenditures solely for the purpose of paying legal fees
1848	and costs associated with the candidate's contest of the
1849	election.
1850	Section 43.  (1)  Subsection (3) of section 106.021,
1851	Florida Statutes, is amended to read:
1852	106.021  Campaign treasurers; deputies; primary and
1853	secondary depositories.--
1854	(3)  Except for independent expenditures, No contribution
1855	or expenditure, including contributions or expenditures of a
1856	candidate or of the candidate's family, shall be directly or
1857	indirectly made or received in furtherance of the candidacy of
1858	any person for nomination or election to political office in the
1859	state or on behalf of any political committee except through the
1860	duly appointed campaign treasurer of the candidate or political
1861	committee, subject to the following exceptions:; however,
1862	(a)  Independent expenditures;
1863	(b)  Reimbursements to a candidate or any other individual
1864	may be reimbursed for expenses incurred in connection with the
1865	campaign or activities of the political committee for travel,
1866	food and beverage, office supplies, and mementos expressing
1867	gratitude to campaign supporters by a check drawn upon the
1868	campaign account and reported pursuant to s. 106.07(4). After
1869	July 1, 2004, the full name and address of each person to whom
1870	the candidate or other individual made payment for which
1871	reimbursement was made by check drawn upon the campaign account
1872	shall be reported pursuant to s. 106.07(4), together with the
1873	purpose of such payment;
1874	(c)  Expenditures made indirectly through a treasurer for
1875	goods or services, such as communications media placement or
1876	procurement services, campaign signs, insurance, or other
1877	expenditures that include multiple integral components as part
1878	of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
1879	or
1880	(d)  In addition, Expenditures may be made directly by any
1881	political committee or political party regulated by chapter 103
1882	for obtaining time, space, or services in or by any
1883	communications medium for the purpose of jointly endorsing three
1884	or more candidates, and any such expenditure shall not be
1885	considered a contribution or expenditure to or on behalf of any
1886	such candidates for the purposes of this chapter.
1887	(2)  The amendment to s. 106.021(3)(b), Florida Statutes,
1888	made by this section shall operate retroactively to January 1,
1889	2002.
1890	Section 44.  Section 106.023, Florida Statutes, is amended
1891	to read:
1892	106.023  Statement of candidate.--
1893	(1)  Each candidate must file a statement with the
1894	qualifying officer within 10 days after filing the appointment
1895	of campaign treasurer and designation of campaign depository,
1896	stating that the candidate has read and understands the
1897	requirements of this chapter. Such statement shall be provided
1898	by the filing officer and shall be in substantially the
1899	following form:
1900
1901	STATEMENT OF CANDIDATE
1902
1903	I, _____, candidate for the office of _____, have received,
1904	read, and understand the requirements of Chapter 106, Florida
1905	Statutes.
1906
1907	...  (Signature of candidate)  ......  (Date)  ...
1908
1909	Willful failure to file this form is a violation of ss.
1910	106.19(1)(c) and 106.25(3), F.S.
1911	(2)  The execution and filing of the statement of candidate
1912	does not in and of itself create a presumption that any
1913	violation of this chapter or chapter 104 is a willful violation
1914	as defined in s. 106.37.
1915	Section 45.  Paragraph (a) of subsection (8) of section
1916	106.04, Florida Statutes, is amended to read:
1917	106.04  Committees of continuous existence.--
1918	(8)(a)  Any committee of continuous existence failing to
1919	file a report on the designated due date shall be subject to a
1920	fine. The fine shall be $50 per day for the first 3 days late
1921	and, thereafter, $500 per day for each late day, not to exceed
1922	25 percent of the total receipts or expenditures, whichever is
1923	greater, for the period covered by the late report. The fine
1924	shall be assessed by the filing officer, and the moneys
1925	collected shall be deposited in the General Revenue Elections
1926	Commission Trust Fund. No separate fine shall be assessed for
1927	failure to file a copy of any report required by this section.
1928	Section 46.  Paragraph (a) of subsection (2), paragraph (a)
1929	of subsection (4), and paragraphs (a), (c), and (d) of
1930	subsection (8) of section 106.07, Florida Statutes, are amended
1931	to read:
1932	106.07  Reports; certification and filing.--
1933	(2)(a)  All reports required of a candidate by this section
1934	shall be filed with the officer before whom the candidate is
1935	required by law to qualify. All candidates who file with the
1936	Department of State shall file the original and one copy of
1937	their reports. In addition, a copy of each report for candidates
1938	for other than statewide office who qualify with the Department
1939	of State shall be filed with the supervisor of elections in the
1940	county where the candidate resides. Reports shall be filed not
1941	later than 5 p.m. of the day designated; however, any report
1942	postmarked by the United States Postal Service no later than
1943	midnight of the day designated shall be deemed to have been
1944	filed in a timely manner. Any report received by the filing
1945	officer within 5 days after the designated due date that was
1946	delivered by the United States Postal Service shall be deemed
1947	timely filed unless it has a postmark that indicates that the
1948	report was mailed after the designated due date. A certificate
1949	of mailing obtained from and dated by the United States Postal
1950	Service at the time of mailing, or a receipt from an established
1951	courier company, which bears a date on or before the date on
1952	which the report is due, shall be proof of mailing in a timely
1953	manner. Reports shall contain information of all previously
1954	unreported contributions received and expenditures made as of
1955	the preceding Friday, except that the report filed on the Friday
1956	immediately preceding the election shall contain information of
1957	all previously unreported contributions received and
1958	expenditures made as of the day preceding that designated due
1959	date. All such reports shall be open to public inspection.
1960	(4)(a)  Each report required by this section shall contain:
1961	1.  The full name, address, and occupation, if any of each
1962	person who has made one or more contributions to or for such
1963	committee or candidate within the reporting period, together
1964	with the amount and date of such contributions. For
1965	corporations, the report must provide as clear a description as
1966	practicable of the principal type of business conducted by the
1967	corporation. However, if the contribution is $100 or less or is
1968	from a relative, as defined in s. 112.312, provided that the
1969	relationship is reported, the occupation of the contributor or
1970	the principal type of business need not be listed.
1971	2.  The name and address of each political committee from
1972	which the reporting committee or the candidate received, or to
1973	which the reporting committee or candidate made, any transfer of
1974	funds, together with the amounts and dates of all transfers.
1975	3.  Each loan for campaign purposes to or from any person
1976	or political committee within the reporting period, together
1977	with the full names, addresses, and occupations, and principal
1978	places of business, if any, of the lender and endorsers, if any,
1979	and the date and amount of such loans.
1980	4.  A statement of each contribution, rebate, refund, or
1981	other receipt not otherwise listed under subparagraphs 1.
1982	through 3.
1983	5.  The total sums of all loans, in-kind contributions, and
1984	other receipts by or for such committee or candidate during the
1985	reporting period. The reporting forms shall be designed to
1986	elicit separate totals for in-kind contributions, loans, and
1987	other receipts.
1988	6.  The full name and address of each person to whom
1989	expenditures have been made by or on behalf of the committee or
1990	candidate within the reporting period; the amount, date, and
1991	purpose of each such expenditure; and the name and address of,
1992	and office sought by, each candidate on whose behalf such
1993	expenditure was made. However, expenditures made from the petty
1994	cash fund provided by s. 106.12 need not be reported
1995	individually.
1996	7.  The full name and address of each person to whom an
1997	expenditure for personal services, salary, or reimbursement for
1998	authorized expenses as provided in s. 106.021(3) has been made
1999	and which is not otherwise reported, including the amount, date,
2000	and purpose of such expenditure. However, expenditures made from
2001	the petty cash fund provided for in s. 106.12 need not be
2002	reported individually.
2003	8.  The total amount withdrawn and the total amount spent
2004	for petty cash purposes pursuant to this chapter during the
2005	reporting period.
2006	9.  The total sum of expenditures made by such committee or
2007	candidate during the reporting period.
2008	10.  The amount and nature of debts and obligations owed by
2009	or to the committee or candidate, which relate to the conduct of
2010	any political campaign.
2011	11.  A copy of each credit card statement which shall be
2012	included in the next report following receipt thereof by the
2013	candidate or political committee. Receipts for each credit card
2014	purchase shall be retained by the treasurer with the records for
2015	the campaign account.
2016	12.  The amount and nature of any separate interest-bearing
2017	accounts or certificates of deposit and identification of the
2018	financial institution in which such accounts or certificates of
2019	deposit are located.
2020	13.  The primary purposes of an expenditure made indirectly
2021	through a campaign treasurer pursuant to s. 106.021(3) for goods
2022	and services such as communications media placement or
2023	procurement services, campaign signs, insurance, and other
2024	expenditures that include multiple components as part of the
2025	expenditure. The primary purpose of an expenditure shall be that
2026	purpose, including integral and directly related components,
2027	that comprises 80 percent of such expenditure.
2028	(8)(a)  Any candidate or political committee failing to
2029	file a report on the designated due date shall be subject to a
2030	fine as provided in paragraph (b) for each late day, and, in the
2031	case of a candidate, such fine shall be paid only from personal
2032	funds of the candidate. The fine shall be assessed by the filing
2033	officer and the moneys collected shall be deposited:
2034	1.  In the General Revenue Elections Commission Trust Fund,
2035	in the case of a candidate for state office or a political
2036	committee that registers with the Division of Elections; or
2037	2.  In the general revenue fund of the political
2038	subdivision, in the case of a candidate for an office of a
2039	political subdivision or a political committee that registers
2040	with an officer of a political subdivision.
2041
2042	No separate fine shall be assessed for failure to file a copy of
2043	any report required by this section.
2044	(c)  Any candidate or chair of a political committee may
2045	appeal or dispute the fine, based upon, but not limited to,
2046	unusual circumstances surrounding the failure to file on the
2047	designated due date, and may request and shall be entitled to a
2048	hearing before the Florida Elections Commission, which shall
2049	have the authority to waive the fine in whole or in part. The
2050	Florida Elections Commission must consider the mitigating and
2051	aggravating circumstances contained in s. 106.265(1) when
2052	determining the amount of a fine, if any, to be waived. Any such
2053	request shall be made within 20 days after receipt of the notice
2054	of payment due. In such case, the candidate or chair of the
2055	political committee shall, within the 20-day period, notify the
2056	filing officer in writing of his or her intention to bring the
2057	matter before the commission.
2058	(d)  The appropriate filing officer shall notify the
2059	Florida Elections Commission of the repeated late filing by a
2060	candidate or political committee, the failure of a candidate or
2061	political committee to file a report after notice, or the
2062	failure to pay the fine imposed. The commission shall
2063	investigate only those alleged late filing violations
2064	specifically identified by the filing officer and as set forth
2065	in the notification. Any other alleged violations must be
2066	separately stated and reported by the division to the commission
2067	under s. 106.25(2).
2068	Section 47.  Effective January 1, 2005, paragraph (a) of
2069	subsection (2) of section 106.07, Florida Statutes, as amended
2070	by this act, and paragraph (b) of subsection (2), subsection
2071	(3), and paragraph (b) of subsection (8) of said section, are
2072	amended to read:
2073	106.07  Reports; certification and filing.--
2074	(2)(a)  All reports required of a candidate by this section
2075	shall be filed with the officer before whom the candidate is
2076	required by law to qualify. All candidates who file with the
2077	Department of State shall file the original and one copy of
2078	their reports pursuant to s. 106.0705. In addition, a copy of
2079	each report for candidates for other than statewide office who
2080	qualify with the Department of State shall be filed with the
2081	supervisor of elections in the county where the candidate
2082	resides. Except as provided in s. 106.0705, reports shall be
2083	filed not later than 5 p.m. of the day designated; however, any
2084	report postmarked by the United States Postal Service no later
2085	than midnight of the day designated shall be deemed to have been
2086	filed in a timely manner. Any report received by the filing
2087	officer within 5 days after the designated due date that was
2088	delivered by the United States Postal Service shall be deemed
2089	timely filed unless it has a postmark that indicates that the
2090	report was mailed after the designated due date. A certificate
2091	of mailing obtained from and dated by the United States Postal
2092	Service at the time of mailing, or a receipt from an established
2093	courier company, which bears a date on or before the date on
2094	which the report is due, shall be proof of mailing in a timely
2095	manner. Reports shall contain information of all previously
2096	unreported contributions received and expenditures made as of
2097	the preceding Friday, except that the report filed on the Friday
2098	immediately preceding the election shall contain information of
2099	all previously unreported contributions received and
2100	expenditures made as of the day preceding that designated due
2101	date. All such reports shall be open to public inspection.
2102	(b)1.  Any report which is deemed to be incomplete by the
2103	officer with whom the candidate qualifies shall be accepted on a
2104	conditional basis, and the campaign treasurer shall be notified
2105	by registered mail as to why the report is incomplete and be
2106	given 3 days from receipt of such notice to file an addendum to
2107	the report providing all information necessary to complete the
2108	report in compliance with this section. Failure to file a
2109	complete report after such notice constitutes a violation of
2110	this chapter.
2111	2.  In lieu of the notice by registered mail as required in
2112	subparagraph 1., the qualifying officer may notify the campaign
2113	treasurer by telephone that the report is incomplete and request
2114	the information necessary to complete the report. If, however,
2115	such information is not received by the qualifying officer
2116	within 3 days after of the telephone request therefor, notice
2117	shall be sent by registered mail as provided in subparagraph 1.
2118	(3)  Reports required of a political committee shall be
2119	filed with the agency or officer before whom such committee
2120	registers pursuant to s. 106.03(3) and shall be subject to the
2121	same filing conditions as established for candidates' reports.
2122	Only committees that file with the Department of State shall
2123	file the original and one copy of their reports. Incomplete
2124	reports by political committees shall be treated in the manner
2125	provided for incomplete reports by candidates in subsection (2).
2126	(8)
2127	(b)  Upon determining that a report is late, the filing
2128	officer shall immediately notify the candidate or chair of the
2129	political committee as to the failure to file a report by the
2130	designated due date and that a fine is being assessed for each
2131	late day. The fine shall be $50 per day for the first 3 days
2132	late and, thereafter, $500 per day for each late day, not to
2133	exceed 25 percent of the total receipts or expenditures,
2134	whichever is greater, for the period covered by the late report.
2135	However, for the reports immediately preceding each primary and
2136	general election, the fine shall be $500 per day for each late
2137	day, not to exceed 25 percent of the total receipts or
2138	expenditures, whichever is greater, for the period covered by
2139	the late report. For reports required under s. 106.141(7), the
2140	fine is $50 per day for each late day, not to exceed 25 percent
2141	of the total receipts or expenditures, whichever is greater, for
2142	the period covered by the late report. Upon receipt of the
2143	report, the filing officer shall determine the amount of the
2144	fine which is due and shall notify the candidate or chair. The
2145	filing officer shall determine the amount of the fine due based
2146	upon the earliest of the following:
2147	1.  When the report is actually received by such officer.
2148	2.  When the report is postmarked.
2149	3.  When the certificate of mailing is dated.
2150	4.  When the receipt from an established courier company is
2151	dated.
2152	5.  When the electronic receipt issued pursuant to s.
2153	106.0705 is dated.
2154
2155	Such fine shall be paid to the filing officer within 20 days
2156	after receipt of the notice of payment due, unless appeal is
2157	made to the Florida Elections Commission pursuant to paragraph
2158	(c). In the case of a candidate, such fine shall not be an
2159	allowable campaign expenditure and shall be paid only from
2160	personal funds of the candidate. An officer or member of a
2161	political committee shall not be personally liable for such
2162	fine.
2163	Section 48.  Effective January 1, 2005, section 106.0705,
2164	Florida Statutes, is created to read:
2165	106.0705  Electronic filing of campaign treasurer's
2166	reports.--
2167	(1)  As used in this section, "electronic filing system"
2168	means an Internet system for recording and reporting campaign
2169	finance activity by reporting period.
2170	(2)(a)  Each candidate who is required to file reports
2171	pursuant to s. 106.07 with the division must file such reports
2172	with the division by means of the division's electronic filing
2173	system.
2174	(b)  Each political committee, committee of continuous
2175	existence, or state executive committee that is required to file
2176	reports with the division under s. 106.04, s. 106.07, or s.
2177	106.29, as applicable, must file such reports with the division
2178	by means of the division's electronic filing system.
2179	(c)  Each person or organization that is required to file
2180	reports with the division under s. 106.071 must file such
2181	reports with the division by means of the division's electronic
2182	filing system.
2183	(3)  Reports filed pursuant to this section shall be
2184	completed and filed through the electronic filing system not
2185	later than midnight of the day designated. Reports not filed by
2186	midnight of the day designated are late filed and are subject to
2187	the penalties under s. 106.04(8), s. 106.07(8), or s. 106.29(3),
2188	as applicable.
2189	(4)  Each report filed pursuant to this section is
2190	considered to be under oath by the candidate and treasurer or
2191	the chair and treasurer, whichever is applicable, and such
2192	persons are subject to the provisions of s. 106.04(4)(d), s.
2193	106.07(5), or s. 106.29(2), as applicable. Persons given a
2194	secure sign-on to the electronic filing system are responsible
2195	for protecting such from disclosure and are responsible for all
2196	filings using such credentials, unless they have notified the
2197	division that their credentials have been compromised.
2198	(5)  The electronic filing system developed by the division
2199	must:
2200	(a)  Be based on access by means of the Internet.
2201	(b)  Be accessible by anyone with Internet access using
2202	standard web-browsing software.
2203	(c)  Provide for direct entry of campaign finance
2204	information as well as upload of such information from campaign
2205	finance software certified by the division.
2206	(d)  Provide a method that prevents unauthorized access to
2207	electronic filing system functions.
2208	(6)  The division shall adopt rules pursuant to ss.
2209	120.536(1) and 120.54 to administer this section and provide for
2210	the reports required to be filed pursuant to this section. Such
2211	rules shall, at a minimum, provide:
2212	(a)  Alternate filing procedures in case the division's
2213	electronic filing system is not operable.
2214	(b)  For the issuance of an electronic receipt to the
2215	person submitting the report indicating and verifying that the
2216	report has been filed.
2217	Section 49.  Effective January 1, 2005, section 106.075,
2218	Florida Statutes, is amended to read:
2219	106.075  Elected officials; report of personal loans made
2220	in year preceding election; limitation on contributions to pay
2221	personal loans.--
2222	(1)  A person who is elected to office must report all
2223	personal loans, exceeding $500 in value, made to him or her and
2224	used for campaign purposes, and made in the 12 months preceding
2225	his or her election to office, to the filing officer. The report
2226	must be made, in the manner prescribed by the Department of
2227	State, within 10 days after being elected to office.
2228	(2)  Any person who makes a contribution to an individual
2229	to pay all or part of a personal loan incurred, in the 12 months
2230	preceding the election, to be used for the individual's
2231	campaign, may not contribute more than the amount which is
2232	allowed in s. 106.08(1).
2233	Section 50.  Effective January 1, 2005, paragraph (d) is
2234	added to subsection (5) of section 106.08, Florida Statutes, to
2235	read:
2236	106.08  Contributions; limitations on.--
2237	(5)
2238	(d)  Candidates may not make expenditures from their
2239	campaign accounts for the purpose of receiving or obtaining an
2240	endorsement from any person, group, or organization.
2241	Section 51.  Effective January 1, 2005, subsection (2) of
2242	section 106.087, Florida Statutes, is amended to read:
2243	106.087  Independent expenditures; contribution limits;
2244	restrictions on political parties and, political committees, and
2245	committees of continuous existence.--
2246	(2)(a)  Any political committee or committee of continuous
2247	existence that accepts the use of public funds, equipment,
2248	personnel, or other resources to collect dues from its members
2249	agrees not to make independent expenditures in support of or
2250	opposition to a candidate or elected public official. However,
2251	expenditures may be made for the sole purpose of jointly
2252	endorsing three or more candidates.
2253	(b)  Any political committee or committee of continuous
2254	existence that violates this subsection is liable for a civil
2255	fine of up to $5,000 to be determined by the Florida Elections
2256	Commission or the entire amount of the expenditures, whichever
2257	is greater.
2258	Section 52.  Effective January 1, 2005, section 106.09,
2259	Florida Statutes, is amended to read:
2260	106.09  Cash contributions and contributions contribution
2261	by cashier's check or money order checks.--
2262	(1)  A person may not make or accept a cash contribution or
2263	contribution by means of a cashier's check or money order in
2264	excess of $100.
2265	(2)(a)  Any person who makes or accepts a contribution in
2266	excess of $100 in violation of this section commits a
2267	misdemeanor of the first degree, punishable as provided in s.
2268	775.082 or s. 775.083.
2269	(b)  Any person who knowingly and willfully makes or
2270	accepts a contribution in excess of $5,000 in violation of this
2271	section commits a felony of the third degree, punishable as
2272	provided in s. 775.082, s. 775.083, or s. 775.084.
2273	Section 53.  Effective January 1, 2005, subsection (2) of
2274	section 106.11, Florida Statutes, is amended to read:
2275	106.11  Expenses of and expenditures by candidates and
2276	political committees.--Each candidate and each political
2277	committee which designates a primary campaign depository
2278	pursuant to s. 106.021(1) shall make expenditures from funds on
2279	deposit in such primary campaign depository only in the
2280	following manner, with the exception of expenditures made from
2281	petty cash funds provided by s. 106.12:
2282	(2)(a)  For purposes of this section, debit cards are
2283	considered bank checks, if:
2284	1.  Debit cards are obtained from the same bank that has
2285	been designated as the candidate's or political committee's
2286	primary campaign depository.
2287	2.  Debit cards are issued in the name of the treasurer,
2288	deputy treasurer, or authorized user and state "Campaign Account
2289	of ...  (name of candidate or political committee)  ...."
2290	3.  No more than three debit cards are requested and
2291	issued.
2292	4.  Before a debit card is used, a list of all persons
2293	authorized to use the card is filed with the filing officer
2294	division.
2295	5.  All debit cards issued to a candidate's campaign or a
2296	political committee expire no later than midnight of the last
2297	day of the month of the general election.
2298	6.  The person using the debit card does not receive cash
2299	as part of, or independent of, any transaction for goods or
2300	services.
2301	7.  All receipts for debit card transactions contain:
2302	a.  The last four digits of the debit card number.
2303	b.  The exact amount of the expenditure.
2304	c.  The name of the payee.
2305	d.  The signature of the campaign treasurer, deputy
2306	treasurer, or authorized user.
2307	e.  The exact purpose for which the expenditure is
2308	authorized.
2309
2310	Any information required by this subparagraph but not included
2311	on the debit card transaction receipt may be handwritten on, or
2312	attached to, the receipt by the authorized user before
2313	submission to the treasurer.
2314	(b)  Debit cards are not subject to the requirements of
2315	paragraph (1)(b).
2316	Section 54.  Subsection (6) of section 106.141, Florida
2317	Statutes, is amended to read:
2318	106.141  Disposition of surplus funds by candidates.--
2319	(6)  Prior to disposing of funds pursuant to subsection (4)
2320	or transferring funds into an office account pursuant to
2321	subsection (5), any candidate who filed an oath stating that he
2322	or she was unable to pay the election assessment or fee for
2323	verification of petition signatures without imposing an undue
2324	burden on his or her personal resources or on resources
2325	otherwise available to him or her, or who filed both such oaths,
2326	or who qualified by the alternative method and was not required
2327	to pay an election assessment, shall reimburse the state or
2328	local governmental entity, whichever is applicable, for such
2329	waived assessment or fee or both. Such reimbursement shall be
2330	made first for the cost of petition verification and then, if
2331	funds are remaining, for the amount of the election assessment.
2332	If there are insufficient funds in the account to pay the full
2333	amount of either the assessment or the fee or both, the
2334	remaining funds shall be disbursed in the above manner until no
2335	funds remain. All funds disbursed pursuant to this subsection
2336	shall be remitted to the qualifying officer. Any reimbursement
2337	for petition verification costs which are reimbursable by the
2338	state shall be forwarded by the qualifying officer to the state
2339	for deposit in the General Revenue Fund. All reimbursements for
2340	the amount of the election assessment shall be forwarded by the
2341	qualifying officer to the Department of State for deposit in the
2342	General Revenue Elections Commission Trust Fund.
2343	Section 55.  Subsections (2) and (4) of section 106.25,
2344	Florida Statutes, are amended to read:
2345	106.25  Reports of alleged violations to Florida Elections
2346	Commission; disposition of findings.--
2347	(2)  The commission shall investigate all violations of
2348	this chapter and chapter 104, but only after having received
2349	either a sworn complaint or information reported to it under
2350	this subsection by the Division of Elections. Any person, other
2351	than the division, having information of any violation of this
2352	chapter or chapter 104 shall file a sworn complaint with the
2353	commission. Such sworn complaint shall be based upon personal
2354	knowledge or independent research of the complainant. The
2355	commission shall investigate only those alleged violations
2356	specifically contained within the sworn complaint. If any
2357	complainant fails to allege all violations that arise from the
2358	facts or allegations alleged in a complaint, the commission
2359	shall be barred from investigating a subsequent complaint from
2360	such complainant that is based upon such facts or allegations
2361	that were raised or could have been raised in the first
2362	complaint. Such sworn complaint shall state whether a complaint
2363	of the same violation has been made to any state attorney.
2364	Within 5 days after receipt of a sworn complaint, the commission
2365	shall transmit a copy of the complaint to the alleged violator.
2366	All sworn complaints alleging violations of the Florida Election
2367	Code over which the commission has jurisdiction shall be filed
2368	with the commission within 2 years after of the alleged
2369	violations. The period of limitations is tolled on the day a
2370	sworn complaint is filed with the commission.
2371	(4)  The commission shall undertake a preliminary
2372	investigation to determine if the facts alleged in a sworn
2373	complaint or a matter initiated by the division constitute
2374	probable cause to believe that a violation has occurred. The
2375	respondent, the complainant, and their respective counsels shall
2376	be permitted to attend the hearing at which the probable cause
2377	determination is made. Notice of the hearing shall be sent to
2378	the respondent and the complainant at least 14 days prior to the
2379	date of the hearing. The respondent and his or her counsel shall
2380	be permitted to make a brief oral statement in the nature of
2381	oral argument to the commission before the probable cause
2382	determination. The commission's determination shall be based
2383	upon the investigator's report, the complaint, and staff
2384	recommendations, as well as any written statements submitted by
2385	the respondent and any oral statements made at the hearing. No
2386	testimony or other evidence shall be accepted at the hearing.
2387	Upon completion of the preliminary investigation, the commission
2388	shall, by written report, find probable cause or no probable
2389	cause to believe that this chapter or chapter 104 has been
2390	violated.
2391	(a)  If no probable cause is found, the commission shall
2392	dismiss the case and the case shall become a matter of public
2393	record, except as otherwise provided in this section, together
2394	with a written statement of the findings of the preliminary
2395	investigation and a summary of the facts which the commission
2396	shall send to the complainant and the alleged violator.
2397	(b)  If probable cause is found, the commission shall so
2398	notify the complainant and the alleged violator in writing. All
2399	documents made or received in the disposition of the complaint
2400	shall become public records upon a finding by the commission.
2401
2402	In a case where probable cause is found, the commission shall
2403	make a preliminary determination to consider the matter or to
2404	refer the matter to the state attorney for the judicial circuit
2405	in which the alleged violation occurred.
2406	Section 56.  Paragraph (a) of subsection (3) of section
2407	106.29, Florida Statutes, is amended to read:
2408	106.29  Reports by political parties; restrictions on
2409	contributions and expenditures; penalties.--
2410	(3)(a)  Any state or county executive committee failing to
2411	file a report on the designated due date shall be subject to a
2412	fine as provided in paragraph (b) for each late day. The fine
2413	shall be assessed by the filing officer, and the moneys
2414	collected shall be deposited in the General Revenue Elections
2415	Commission Trust Fund.
2416	Section 57.  Effective January 1, 2005, paragraph (b) of
2417	subsection (3) of section 106.29, Florida Statutes, is amended
2418	to read:
2419	106.29  Reports by political parties; restrictions on
2420	contributions and expenditures; penalties.--
2421	(3)
2422	(b)  Upon determining that a report is late, the filing
2423	officer shall immediately notify the chair of the executive
2424	committee as to the failure to file a report by the designated
2425	due date and that a fine is being assessed for each late day.
2426	The fine shall be $1,000 for a state executive committee, and
2427	$50 for a county executive committee, per day for each late day,
2428	not to exceed 25 percent of the total receipts or expenditures,
2429	whichever is greater, for the period covered by the late report.
2430	However, if an executive committee fails to file a report on the
2431	Friday immediately preceding the general election, the fine
2432	shall be $10,000 per day for each day a state executive
2433	committee is late and $500 per day for each day a county
2434	executive committee is late. Upon receipt of the report, the
2435	filing officer shall determine the amount of the fine which is
2436	due and shall notify the chair. The filing officer shall
2437	determine the amount of the fine due based upon the earliest of
2438	the following:
2439	1.  When the report is actually received by such officer.
2440	2.  When the report is postmarked.
2441	3.  When the certificate of mailing is dated.
2442	4.  When the receipt from an established courier company is
2443	dated.
2444	5.  When the electronic receipt issued pursuant to s.
2445	106.0705 is dated.
2446
2447	Such fine shall be paid to the filing officer within 20 days
2448	after receipt of the notice of payment due, unless appeal is
2449	made to the Florida Elections Commission pursuant to paragraph
2450	(c). An officer or member of an executive committee shall not be
2451	personally liable for such fine.
2452	Section 58.  Subsection (1) of section 191.005, Florida
2453	Statutes, is amended to read:
2454	191.005  District boards of commissioners; membership,
2455	officers, meetings.--
2456	(1)(a)  With the exception of districts whose governing
2457	boards are appointed collectively by the Governor, the county
2458	commission, and any cooperating city within the county, the
2459	business affairs of each district shall be conducted and
2460	administered by a five-member board. All three-member boards
2461	existing on the effective date of this act shall be converted to
2462	five-member boards, except those permitted to continue as a
2463	three-member board by special act adopted in 1997 or thereafter.
2464	The board shall be elected in nonpartisan elections by the
2465	electors of the district. Except as provided in this act, such
2466	elections shall be held at the time and in the manner prescribed
2467	by law for holding general elections in accordance with s.
2468	189.405(2)(a) and (3), and each member shall be elected for a
2469	term of 4 years and serve until the member's successor assumes
2470	office. Candidates for the board of a district shall qualify
2471	with the county supervisor of elections in whose jurisdiction
2472	the district is located. If the district is a multicounty
2473	district, candidates shall qualify with the Department of State.
2474	All candidates may qualify by paying a filing fee of $25 or by
2475	obtaining the signatures of at least 25 registered electors of
2476	the district on petition forms provided by the supervisor of
2477	elections which petitions shall be submitted and checked in the
2478	same manner as petitions filed by nonpartisan judicial
2479	candidates pursuant to s. 105.035.
2480	(b)  Each candidate who collects or expends campaign
2481	contributions shall conduct his or her campaign for commissioner
2482	of an independent special fire control district in accordance
2483	with the provisions of chapter 106. However, candidates who
2484	receive no contributions and make no other expenditures except
2485	for petition verification or the $25 filing fee may be exempt
2486	from the provisions of chapter 106 requiring the establishment
2487	of bank accounts and the appointment of campaign treasurers, as
2488	long as they have no opposition. If opposition is confirmed by
2489	the qualifying officer at the close of the qualifying period,
2490	opposed candidates shall open a campaign account, designate a
2491	campaign treasurer within 5 days after the end of qualifying,
2492	and be responsible for all other requirements of chapter 106.
2493	(c)(b)1.  At the next general election following the
2494	effective date of this act, or on or after the effective date of
2495	a special act or general act of local application creating a new
2496	district, the members of the board shall be elected by the
2497	electors of the district in the manner provided in this section.
2498	The office of each member of the board is designated as being a
2499	seat on the board, distinguished from each of the other seats by
2500	a numeral: 1, 2, 3, 4, or 5. The numerical seat designation does
2501	not designate a geographical subdistrict unless such subdistrict
2502	exists on the effective date of this act, in which case the
2503	candidates must reside in the subdistrict, and only electors of
2504	the subdistrict may vote in the election for the member from
2505	that subdistrict. Each candidate for a seat on the board shall
2506	designate, at the time the candidate qualifies, the seat on the
2507	board for which the candidate is qualifying. The name of each
2508	candidate who qualifies for election to a seat on the board
2509	shall be included on the ballot in a way that clearly indicates
2510	the seat for which the candidate is a candidate. The candidate
2511	for each seat who receives the most votes cast for a candidate
2512	for the seat shall be elected to the board.
2513	2.  If, on the effective date of this act, a district
2514	presently in existence elects members of its board, the next
2515	election shall be conducted in accordance with this section, but
2516	this section does not require the early expiration of any
2517	member's term of office by more than 60 days.
2518	3.  If, on the effective date of this act, a district does
2519	not elect the members of its board, the entire board shall be
2520	elected in accordance with this section. However, in the first
2521	election following the effective date of this act, seats 1, 3,
2522	and 5 shall be designated for 4-year terms and seats 2 and 4
2523	shall be designated for 2-year terms.
2524	4.  If, on the effective date of this act, the district has
2525	an elected three-member board, one of the two seats added by
2526	this act shall, for the first election following the effective
2527	date of this act, be designated for a 4-year term and the other
2528	for a 2-year term, unless the terms of the three existing seats
2529	all expire within 6 months of the first election following the
2530	effective date of this act, in which case seats 1, 3, and 5
2531	shall be designated for 4-year terms and seats 2 and 4 shall be
2532	designated for 2-year terms.
2533	5.  If the district has an elected three-member board
2534	designated to remain three members by special act adopted in
2535	1997 or thereafter, the terms of the board members shall be
2536	staggered. In the first election following the effective date of
2537	this act, seats 1 and 3 shall be designated for 4-year terms,
2538	and seat 2 for a 2-year term.
2539	(d)(c)  The board of any district may request the local
2540	legislative delegation that represents the area within the
2541	district to create by special law geographical subdistricts for
2542	board seats. Any board of five members or larger elected on a
2543	subdistrict basis as of the effective date of this act shall
2544	continue to elect board members from such previously designated
2545	subdistricts, and this act shall not require the elimination of
2546	board seats from such boards.
2547	Section 59.  Paragraph (f) of subsection (5) of section
2548	287.057, Florida Statutes, is amended to read:
2549	287.057  Procurement of commodities or contractual
2550	services.--
2551	(5)  When the purchase price of commodities or contractual
2552	services exceeds the threshold amount provided in s. 287.017 for
2553	CATEGORY TWO, no purchase of commodities or contractual services
2554	may be made without receiving competitive sealed bids,
2555	competitive sealed proposals, or competitive sealed replies
2556	unless:
2557	(f)  The following contractual services and commodities are
2558	not subject to the competitive-solicitation requirements of this
2559	section:
2560	1.  Artistic services.
2561	2.  Academic program reviews.
2562	3.  Lectures by individuals.
2563	4.  Auditing services.
2564	5.  Legal services, including attorney, paralegal, expert
2565	witness, appraisal, or mediator services.
2566	6.  Health services involving examination, diagnosis,
2567	treatment, prevention, medical consultation, or administration.
2568	7.  Services provided to persons with mental or physical
2569	disabilities by not-for-profit corporations which have obtained
2570	exemptions under the provisions of s. 501(c)(3) of the United
2571	States Internal Revenue Code or when such services are governed
2572	by the provisions of Office of Management and Budget Circular A-
2573	122. However, in acquiring such services, the agency shall
2574	consider the ability of the vendor, past performance,
2575	willingness to meet time requirements, and price.
2576	8.  Medicaid services delivered to an eligible Medicaid
2577	recipient by a health care provider who has not previously
2578	applied for and received a Medicaid provider number from the
2579	Agency for Health Care Administration. However, this exception
2580	shall be valid for a period not to exceed 90 days after the date
2581	of delivery to the Medicaid recipient and shall not be renewed
2582	by the agency.
2583	9.  Family placement services.
2584	10.  Prevention services related to mental health,
2585	including drug abuse prevention programs, child abuse prevention
2586	programs, and shelters for runaways, operated by not-for-profit
2587	corporations. However, in acquiring such services, the agency
2588	shall consider the ability of the vendor, past performance,
2589	willingness to meet time requirements, and price.
2590	11.  Training and education services provided to injured
2591	employees pursuant to s. 440.49(1).
2592	12.  Contracts entered into pursuant to s. 337.11.
2593	13.  Services or commodities provided by governmental
2594	agencies.
2595	14.  Voter education activities of the Department of State
2596	or the supervisors of elections, either individually or in the
2597	aggregate or with their respective professional associations.
2598	Section 60.  (1)  All electronic and electromechanical
2599	voting systems certified after July 1, 2005, must meet the
2600	requirements of s. 101.56062, Florida Statutes, except paragraph
2601	(1)(d).
2602	(2)  Any purchase of a voting system by any county,
2603	municipality, or the state after July 1, 2004, must include a
2604	contract for future upgrades and sufficient equipment to meet
2605	the requirements of ss. 101.5606 and 101.56062, Florida
2606	Statutes, as amended by this act.
2607	(3)  All electronic and electromechanical voting systems in
2608	use on or after January 1, 2006, must be certified to meet and
2609	be deployed in a configuration which meets the requirements of
2610	ss. 101.5606 and 101.56062, Florida Statutes, as amended by this
2611	act.
2612	Section 61.  Section 22 of chapter 2002-281, Laws of
2613	Florida, is amended to read:
2614	Section 22.  Except as otherwise expressly provided in this
2615	act, sections 4, 5, 6, 8, 9, 10, 11, 14, and 19 of this act
2616	shall take effect January 1, 2005, and section 12 of this act
2617	shall take effect the earlier of January 1, 2006, or one year
2618	after the legislature adopts the general appropriations act
2619	specifically appropriating to the Department of State, for
2620	distribution to the counties, $8.7 million or such other amounts
2621	as it determines and appropriates for the specific purpose of
2622	funding this act.
2623	Section 62.  Sections 98.181, 101.635, 102.061, 106.085,
2624	and 106.144, Florida Statutes, are repealed.
2625	Section 63.  To provide for uniformity of the proceedings,
2626	both the procedural and substantive amendments to the provisions
2627	of chapter 106, Florida Statutes, by this act shall apply to all
2628	cases before the Florida Elections Commission pending on or
2629	filed on or after the effective date of this act.
2630	Section 64.  Except as otherwise provided herein, this act
2631	shall take effect upon becoming a law.

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