HB 1567

1	A bill to be entitled
2	An act relating to elections; amending s. 97.012, F.S.;
3	revising duties of the Secretary of State as chief
4	election officer; amending s. 97.021, F.S.; revising
5	definitions; creating s. 97.029, F.S.; relating to the
6	award of attorney's fees and costs in proceedings
7	challenging election or voter registration law; amending
8	s. 97.051, F.S.; revising the oath a person must take to
9	register to vote; amending s. 97.052, F.S.; revising
10	provisions relating to the uniform statewide voter
11	registration application; removing the requirement that
12	the uniform statewide voter registration application must
13	contain certain homestead exemption information; amending
14	s. 97.053, F.S.; revising criteria for a voter
15	registration application to be deemed complete; specifying
16	where an initial voter registration application may be
17	mailed; amending s. 97.055, F.S.; providing for permitted
18	updates once registration books are closed; creating s.
19	97.0575, F.S.; regulating third-party voter registrations
20	and registration organizations; requiring third-party
21	voter registration organizations to name a registered
22	agent and submit certain information to the Division of
23	Elections; providing for a fiduciary duty of the third-
24	party voter registration organization to the applicant;
25	providing for joint and several liability for a breach of
26	fiduciary duty; specifying fines; authorizing the division
27	to investigate certain violations; providing for collected
28	fines to be set aside by the division in a trust fund;
29	authorizing the division to adopt certain rules; amending
30	s. 98.045, F.S.; correcting a cross reference; amending s.
31	98.077, F.S.; providing for signature updates for use in
32	verifying absentee and provisional ballots; providing a
33	deadline for the supervisor of elections to receive voter
34	signature updates; amending s. 99.061, F.S.; amending to
35	conform; revising a financial disclosure requirement for
36	candidate qualification; providing a submission deadline
37	for qualifying papers; amending s. 99.063, F.S.; revising
38	a financial disclosure requirement for certain designated
39	candidates; amending s. 99.092, F.S., relating to
40	qualifying fees of candidates, to conform; amending s.
41	99.095, F.S.; providing for a petition process in lieu of
42	a qualifying fee and party assessment; providing
43	requirements for signatures and petition format; providing
44	submission deadlines; amending s. 99.0955, F.S.; revising
45	provisions relating to candidates with no party
46	affiliation; amending to conform; deleting obsolete
47	provisions; amending s. 99.096, F.S.; revising filing
48	requirements of minor political party candidates; amending
49	to conform; deleting obsolete provisions; amending s.
50	99.09651, F.S., relating to signature requirements for
51	ballot position in a year of apportionment, to conform;
52	amending s. 100.011, F.S.; requiring electors in line at
53	the official closing of the polls to be allowed to vote;
54	amending s. 100.101, F.S.; deleting a provision requiring
55	a special election to be held if a vacancy occurs in
56	nomination; amending s. 100.111, F.S.; revising
57	requirements relating to filling candidate vacancies;
58	deleting provisions relating to a prohibition of qualified
59	candidates to fill a vacancy in nomination; deleting
60	obsolete provisions; amending s. 100.141, F.S.; conforming
61	provisions relating to vacancies in nomination and
62	qualifying by an alternative method; amending s. 101.031,
63	F.S.; revising the voter's bill of rights to allow for an
64	elector whose identity in question to cast a provisional
65	ballot and to remove the right for an elector to prove
66	identity by signing an affidavit; amending s. 101.043,
67	F.S., relating to identification required at polls, to
68	conform; amending s. 101.048, F.S.; providing a person
69	casting a provisional ballot the right to present certain
70	eligibility evidence by a certain date; providing for the
71	county canvassing board to review provisional ballot
72	voter's certificates and affirmations; providing a
73	standard of review; revising the provisional ballot
74	voter's certificate and affirmation form; revising
75	provisions relating to casting provisional ballots by
76	electronic means; amending s. 101.049, F.S.; providing for
77	provisional ballots and persons with disabilities;
78	amending s. 101.051, F.S.; prohibiting solicitation of
79	assistance to electors with certain disabilities at
80	certain locations; providing a penalty; requiring a person
81	providing an elector assistance to vote to take a
82	specified oath; amending s. 101.111, F.S.; revising the
83	oath taken by persons challenging the right of a person to
84	vote; deleting the oath required to be taken by a person
85	whose right to vote was challenged and allowing that
86	person to cast a provisional ballot; providing a
87	prohibition against and penalty for frivolous challenges;
88	amending s. 101.131, F.S.; allowing certain poll watchers
89	in early voting areas and polling rooms; providing
90	limitations and restrictions on behavior of poll watchers;
91	providing deadlines regarding designation and approval of
92	poll watchers; amending s. 101.151, F.S.; replacing paper
93	ballots with marksense ballots and accompanying
94	specifications; amending s. 101.171, F.S.; requiring a
95	copy of constitutional amendments to be available at polls
96	in poster or booklet form; amending s. 101.294, F.S.;
97	prohibiting a vendor of voting equipment from providing an
98	uncertified voting system or upgrade; providing for
99	certification of voting systems and upgrades; amending s.
100	101.295, F.S.; providing a penalty; amending s. 101.49,
101	F.S.; revising the procedure of election officers where
102	signatures differ; amending s. 101.51, F.S., relating to
103	electors' occupation of booths, to conform; amending s.
104	101.5606, F.S., relating to requirements for approval of
105	voting systems, to conform; amending s. 101.5608, F.S.,
106	relating to voting by electronic or electromechanical
107	methods, to conform; amending s. 101.5612, F.S.; providing
108	for additional testing of voting systems under certain
109	circumstances; amending s. 101.5614, F.S.; correcting a
110	cross reference; amending s. 101.572, F.S.; revising a
111	provision relating to the public inspection of ballots;
112	amending s. 101.58, F.S.; authorizing any Department of
113	State employee full access to all premises, records,
114	equipment, and staff of the supervisor of elections;
115	amending s. 101.595, F.S.; providing for the reporting of
116	overvotes and undervotes in presidential or gubernatorial
117	races; amending s. 101.6103, F.S.; authorizing canvassing
118	boards to begin canvassing mail ballots before the
119	election; providing a time when the results may be
120	released; providing a penalty; amending s. 101.62, F.S.;
121	revising provisions relating to the deadline by which the
122	supervisor of elections must receive a request for an
123	absentee ballot to be mailed to a voter; requiring
124	information relating to absentee receipt and delivery
125	dates to be available to the voter requesting the ballot;
126	providing for unavailable regular absentee ballots for
127	overseas electors; providing a deadline by which an
128	absentee ballot request may be fulfilled by personal
129	delivery; amending s. 101.64, F.S.; providing for a
130	certain oath to be provided to overseas electors in lieu
131	of a voter's certificate; amending s. 101.657, F.S.;
132	revising requirements relating to early voting locations;
133	revising the deadline to end early voting; providing for
134	uniformity of county early voting sites; requiring any
135	person in line at the closing of an early voting site to
136	be allowed to vote; providing for early voting in
137	municipal and special district elections; amending s.
138	101.663, F.S.; revising provisions relating to certain
139	electors who move to another state; amending s. 101.68,
140	F.S.; providing that an absentee ballot is deemed to have
141	been cast once it has been received by the supervisor;
142	amending s. 101.69, F.S.; revising a provision relating to
143	voting in person by electors who have requested absentee
144	ballots; amending s. 101.6923, F.S.; revising a provision
145	relating to special absentee ballot instructions for
146	certain voters; amending s. 101.694, F.S.; requiring
147	certain absentee envelopes to meet specifications as
148	determined by a certain federal program; amending s.
149	101.697, F.S.; providing a condition on the department's
150	ability to accept certain election materials by electronic
151	transmission from overseas voters; amending s. 102.012,
152	F.S.; revising provisions to require supervisors of
153	election to appoint one election board for each precinct;
154	requiring each supervisor to furnish inspectors of
155	election in each precinct with the list of registered
156	voters for the precinct; amending s. 102.014, F.S.;
157	requiring the division to develop a uniform training
158	curriculum for poll workers; revising grounds upon which a
159	supervisor shall replace an inspector or clerk; revising
160	requirements relating to the provisions and availability
161	of a uniform polling place procedures manual; amending s.
162	102.031, F.S.; revising a provision relating to
163	maintenance of good order at polls, authorities, persons
164	allowed in polling rooms, and unlawful solicitation of
165	voters to apply to early voting areas; prohibiting a
166	person from bringing a camera into a polling room or early
167	voting area; increasing the distance for the no
168	solicitation zone; providing for the designation of the no
169	solicitation zone; amending s. 102.071, F.S.; decreasing
170	the certificates of the results needed to one; amending s.
171	102.111, F.S.; providing for typographical errors in
172	official county returns to be certified by the Elections
173	Canvassing Commission; amending s. 102.112, F.S.;
174	requiring the county returns to contain a certain
175	certification; authorizing the department to correct
176	typographical errors in county returns; amending s.
177	102.141, F.S.; revising provisions relating to county
178	canvassing boards and their duties; requiring that the
179	county canvassing board be responsible for ordering county
180	and local recounts; revising deadlines relating to
181	submission of unofficial returns; adding procedure and
182	content requirements relating to county canvassing boards'
183	reports on conduction of elections; requiring the
184	department to adopt rules establishing the required
185	content and acceptable formats for certain filings;
186	amending s. 102.166, F.S.; revising provisions relating to
187	manual recounts; amending s. 102.168, F.S.; revising
188	proper party defendants in actions contesting the election
189	or nomination of a candidate; amending s. 103.021, F.S.;
190	requiring the state executive committee of each political
191	party to recommend candidates for presidential electors to
192	the Governor using a specified procedure; providing
193	definitions; amending ss. 103.051 and 103.061, F.S.;
194	revising certain meeting and notice times of the
195	presidential electors; amending s. 103.121, F.S.; revising
196	the powers and duties of executive committees; amending s.
197	104.051, F.S.; prohibiting willful failure of a supervisor
198	or county canvassing board member to follow a certain
199	binding directive; providing a penalty; authorizing only
200	the Secretary of State to file certain complaints;
201	amending s. 105.031, F.S.; exempting school board
202	candidates from qualifying fee requirements; revising
203	requirements relating to financial interest statements
204	made by public officers; providing a time by which a
205	qualifying officer may accept and hold certain qualifying
206	papers; amending s. 105.035, F.S.; renaming the
207	"alternative method" of qualifying for certain offices as
208	the "petition process"; removing provisions requiring a
209	person seeking to qualify by the petition process to file
210	a certain oath; providing a limitation upon elector
211	signatures needed by certain candidates; revising
212	deadlines; amending s. 106.22, F.S.; revising the duties
213	of the Division of Elections to remove the duty to conduct
214	certain investigations and make subsequent reports;
215	amending s. 106.29, F.S., relating to the powers and
216	duties of the Florida Elections Commission, to conform;
217	amending s. 16.56, F.S.; authorizing the Office of
218	Statewide Prosecution to investigate and prosecute the
219	offenses of crimes involving voter registration, voting,
220	or candidate or issue petition activities; amending s.
221	119.07, F.S.; placing a condition on when the supervisor
222	of elections shall notify certain candidates of ballot
223	inspection; amending s. 120.52, F.S.; revising a
224	definition of "rule" to exempt certain Division of
225	Election advisory opinions and Secretary of State
226	directives; amending s. 145.09, F.S.; requiring the
227	Department of State to adopt rules establishing
228	certification requirements of supervisors of elections;
229	repealing s. 98.095, F.S., relating to county registers
230	open to inspection and copies; repealing s. 98.0979, F.S.;
231	relating to the statewide voter registration database's
232	being open to inspection and copies; repealing s. 98.181,
233	F.S., relating to supervisors of elections making up
234	indexes or records; repealing s. 98.481, F.S., relating to
235	challenge to electors; repealing s. 101.253, F.S.;
236	relating to when names are not to be printed on ballots;
237	repealing s. 101.635, F.S.; relating to distribution of
238	blocks of printed ballots; repealing s. 102.061, F.S.;
239	relating to duties of election board, counting, and
240	closing polls; repealing s. 106.085, F.S., relating to
241	independent expenditures, prohibited unfair surprise,
242	notice requirements, and a penalty; repealing s. 106.144,
243	F.S.; relating to endorsements or opposition by certain
244	groups and organizations; providing an effective date.
245
246	Be It Enacted by the Legislature of the State of Florida:
247
248	Section 1.  Section 97.012, Florida Statutes, is amended to
249	read:
250	97.012  Secretary of State as chief election officer.--The
251	Secretary of State is the chief election officer of the state,
252	and it is his or her responsibility to:
253	(1)  Obtain and maintain uniformity in the application,
254	operation, and interpretation of the election laws. In achieving
255	this objective, the secretary or his or her designee is
256	authorized to issue binding directives to the supervisors of
257	elections and the county canvassing boards when the secretary
258	determines that a lack of uniformity exists in the application,
259	operation, or interpretation of the election laws. A willful
260	failure to follow directives issued by the secretary shall
261	subject the violator to the penalties in s. 104.051(5). The
262	secretary is authorized to file complaints with the Florida
263	Elections Commission alleging a violation of s. 104.051(5).
264	(2)  Provide uniform standards for the proper and equitable
265	implementation of the registration laws.
266	(3)  Actively seek out and collect the data and statistics
267	necessary to knowledgeably scrutinize the effectiveness of
268	election laws.
269	(4)  Provide technical assistance to the supervisors of
270	elections on voter education and election personnel training
271	services.
272	(5)  Provide technical assistance to the supervisors of
273	elections on voting systems.
274	(6)  Provide voter education assistance to the public.
275	Voter education activities of the department or the department
276	in combination with the supervisors of elections, either
277	individually or in the aggregate, or with their respective
278	professional associations, are not subject to the competitive
279	solicitation requirements of s. 287.057(5).
280	(7)  Coordinate the state's responsibilities under the
281	National Voter Registration Act of 1993.
282	(8)  Provide training to all affected state agencies on the
283	necessary procedures for proper implementation of this chapter.
284	(9)  Ensure that all registration applications and forms
285	prescribed or approved by the department are in compliance with
286	the Voting Rights Act of 1965 and the National Voter
287	Registration Act of 1993.
288	(10)  Coordinate with the United States Department of
289	Defense so that armed forces recruitment offices administer
290	voter registration in a manner consistent with the procedures
291	set forth in this code for voter registration agencies.
292	(11)  Create and maintain a statewide voter registration
293	system in accordance with the Help America Vote Act of 2002
294	database.
295	(12)  Maintain a voter fraud hotline and provide election
296	fraud education to the public.
297	(13)  Designate an office within the department to be
298	responsible for providing information regarding voter
299	registration procedures and absentee ballot procedures to absent
300	uniformed services voters and overseas voters.
301	(14)  Conduct preliminary investigations into any
302	irregularities or fraud involving voter registration, voting, or
303	candidate or issue petition activities and report its findings
304	to the statewide prosecutor or the state attorney for the
305	judicial circuit in which the alleged violation occurred for
306	prosecution, where warranted. The department may prescribe by
307	rule requirements for filing an elections fraud complaint and
308	for investigating any such complaint.
309	Section 2.  Section 97.021, Florida Statutes, is amended to
310	read:
311	97.021  Definitions.--For the purposes of this code, except
312	where the context clearly indicates otherwise, the term:
313	(1)  "Absent elector" means any registered and qualified
314	voter who casts an absentee ballot.
315	(2)  "Alternative formats" has the meaning ascribed in the
316	Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42
317	U.S.C. ss. 12101 et seq., including specifically the technical
318	assistance manuals promulgated thereunder, as amended.
319	(3)  "Ballot" or "official ballot" when used in reference
320	to:
321	(a)  "Marksense Paper ballots" means that printed sheet of
322	paper, used in conjunction with an electronic or
323	electromechanical vote tabulation voting system, containing the
324	names of candidates, or a statement of proposed constitutional
325	amendments or other questions or propositions submitted to the
326	electorate at any election, on which sheet of paper an elector
327	casts his or her vote.
328	(b)  "Electronic or electromechanical devices" means a
329	ballot that is voted by the process of electronically
330	designating, including by touchscreen, or marking with a marking
331	device for tabulation by automatic tabulating equipment or data
332	processing equipment.
333	(4)  "Candidate" means any person to whom any one or more
334	of the following applies:
335	(a)  Any person who seeks to qualify for nomination or
336	election by means of the petitioning process.
337	(b)  Any person who seeks to qualify for election as a
338	write-in candidate.
339	(c)  Any person who receives contributions or makes
340	expenditures, or gives his or her consent for any other person
341	to receive contributions or make expenditures, with a view to
342	bringing about his or her nomination or election to, or
343	retention in, public office.
344	(d)  Any person who appoints a treasurer and designates a
345	primary depository.
346	(e)  Any person who files qualification papers and
347	subscribes to a candidate's oath as required by law.
348
349	However, this definition does not include any candidate for a
350	political party executive committee.
351	(5)  "Department" means the Department of State.
352	(6)  "Division" means the Division of Elections of the
353	Department of State.
354	(7)  "Early voting" means casting a ballot prior to
355	election day at a location designated by the supervisor of
356	elections and depositing the voted ballot in the tabulation
357	system.
358	(8)  "Early voting area" means the area designated by the
359	supervisor of elections at an early voting site at which early
360	voting activities occur including, but not limited to, lines of
361	voters waiting to be processed, the area where voters check in
362	and are processed, and the area where voters cast their ballots.
363	(9)  "Early voting site" means those locations specified in
364	s. 101.657 and is the building in which early voting occurs.
365	(10)(8)  "Election" means any primary election, special
366	primary election, special election, general election, or
367	presidential preference primary election.
368	(11)(9)  "Election board" means the clerk and inspectors
369	appointed to conduct an election.
370	(12)(10)  "Election costs" shall include, but not be
371	limited to, expenditures for all paper supplies such as
372	envelopes, instructions to voters, affidavits, reports, ballot
373	cards, ballot booklets for absentee voters, postage, notices to
374	voters; advertisements for registration book closings, testing
375	of voting equipment, sample ballots, and polling places; forms
376	used to qualify candidates; polling site rental and equipment
377	delivery and pickup; data processing time and supplies; election
378	records retention; and labor costs, including those costs
379	uniquely associated with absentee ballot preparation, poll
380	workers, and election night canvass.
381	(13)(11)  "Elector" is synonymous with the word "voter" or
382	"qualified elector or voter," except where the word is used to
383	describe presidential electors.
384	(14)(12)  "General election" means an election held on the
385	first Tuesday after the first Monday in November in the even-
386	numbered years, for the purpose of filling national, state,
387	county, and district offices and for voting on constitutional
388	amendments not otherwise provided for by law.
389	(15)(13)  "Lists of registered electors" means copies of
390	printed lists of registered electors, computer tapes or disks,
391	or any other device used by the supervisor of elections to
392	maintain voter records.
393	(16)(14)  "Member of the Merchant Marine" means an
394	individual, other than a member of a uniformed service or an
395	individual employed, enrolled, or maintained on the Great Lakes
396	for the inland waterways, who is:
397	(a)  Employed as an officer or crew member of a vessel
398	documented under the laws of the United States, a vessel owned
399	by the United States, or a vessel of foreign-flag registry under
400	charter to or control of the United States; or
401	(b)  Enrolled with the United States for employment or
402	training for employment, or maintained by the United States for
403	emergency relief service, as an officer or crew member of such
404	vessel.
405	(17)(15)  "Minor political party" is any group as defined
406	in this subsection which on January 1 preceding a primary
407	election does not have registered as members 5 percent of the
408	total registered electors of the state. Any group of citizens
409	organized for the general purposes of electing to office
410	qualified persons and determining public issues under the
411	democratic processes of the United States may become a minor
412	political party of this state by filing with the department a
413	certificate showing the name of the organization, the names of
414	its current officers, including the members of its executive
415	committee, and a copy of its constitution or bylaws. It shall be
416	the duty of the minor political party to notify the department
417	of any changes in the filing certificate within 5 days of such
418	changes.
419	(18)(16)  "Newspaper of general circulation" means a
420	newspaper printed in the language most commonly spoken in the
421	area within which it circulates and which is readily available
422	for purchase by all inhabitants in the area of circulation, but
423	does not include a newspaper intended primarily for members of a
424	particular professional or occupational group, a newspaper the
425	primary function of which is to carry legal notices, or a
426	newspaper that is given away primarily to distribute
427	advertising.
428	(19)(17)  "Nominal value" means having a retail value of
429	$10 or less.
430	(20)(18)  "Nonpartisan office" means an office for which a
431	candidate is prohibited from campaigning or qualifying for
432	election or retention in office based on party affiliation.
433	(21)(19)  "Office that serves persons with disabilities"
434	means any state office that takes applications either in person
435	or over the telephone from persons with disabilities for any
436	program, service, or benefit primarily related to their
437	disabilities.
438	(22)(20)  "Overseas voter" means:
439	(a)  Members of the uniformed services while in the active
440	service who are permanent residents of the state and are
441	temporarily residing outside the territorial limits of the
442	United States and the District of Columbia;
443	(b)  Members of the Merchant Marine of the United States
444	who are permanent residents of the state and are temporarily
445	residing outside the territorial limits of the United States and
446	the District of Columbia; and
447	(c)  Other citizens of the United States who are permanent
448	residents of the state and are temporarily residing outside the
449	territorial limits of the United States and the District of
450	Columbia,
451
452	who are qualified and registered to vote as provided by law.
453	(23)(21)  "Overvote" means that the elector marks or
454	designates more names than there are persons to be elected to an
455	office or designates more than one answer to a ballot question,
456	and the tabulator records no vote for the office or question.
457	(24)(22)  "Persons with disabilities" means individuals who
458	have a physical or mental impairment that substantially limits
459	one or more major life activities.
460	(25)(23)  "Polling place" is the building which contains
461	the polling room where ballots are cast.
462	(26)(24)  "Polling room" means the actual room in which
463	ballots are cast on election day and during early voting.
464	(27)(25)  "Primary election" means an election held
465	preceding the general election for the purpose of nominating a
466	party nominee to be voted for in the general election to fill a
467	national, state, county, or district office. The first primary
468	is a nomination or elimination election; the second primary is a
469	nominating election only.
470	(28)(26)  "Provisional ballot" means a conditional ballot,
471	the validity of which is determined by the canvassing board.
472	(29)(27)  "Public assistance" means assistance provided
473	through the food stamp program; the Medicaid program; the
474	Special Supplemental Food Program for Women, Infants, and
475	Children; and the WAGES Program.
476	(30)(28)  "Public office" means any federal, state, county,
477	municipal, school, or other district office or position which is
478	filled by vote of the electors.
479	(31)(29)  "Qualifying educational institution" means any
480	public or private educational institution receiving state
481	financial assistance which has, as its primary mission, the
482	provision of education or training to students who are at least
483	18 years of age, provided such institution has more than 200
484	students enrolled in classes with the institution and provided
485	that the recognized student government organization has
486	requested this designation in writing and has filed the request
487	with the office of the supervisor of elections in the county in
488	which the institution is located.
489	(32)(30)  "Special election" is a special election called
490	for the purpose of voting on a party nominee to fill a vacancy
491	in the national, state, county, or district office.
492	(33)(31)  "Special primary election" is a special
493	nomination election designated by the Governor, called for the
494	purpose of nominating a party nominee to be voted on in a
495	general or special election.
496	(34)(32)  "Supervisor" means the supervisor of elections.
497	(35)(33)  "Tactile input device" means a device that
498	provides information to a voting system by means of a voter
499	touching the device, such as a keyboard, and that complies with
500	the requirements of s. 101.56062(1)(k) and (l).
501	(36)  "Third-party voter registration organization" means
502	any person, entity, or organization soliciting or collecting
503	voter registration applications. A third-party voter
504	registration organization does not include any person who solely
505	seeks to register to vote or collect voter registration
506	applications that person's spouse, child, or parent or any
507	person engaged in registering to vote or collecting voter
508	registration applications as an employee or agent of the
509	division, supervisor of elections, Department of Highway Safety
510	and Motor Vehicles, or voter registration agency.
511	(37)(34)  "Undervote" means that the elector does not
512	properly designate any choice for an office or ballot question,
513	and the tabulator records no vote for the office or question.
514	(38)(35)  "Uniformed services" means the Army, Navy, Air
515	Force, Marine Corps, and Coast Guard, the commissioned corps of
516	the Public Health Service, and the commissioned corps of the
517	National Oceanic and Atmospheric Administration.
518	(39)(36)  "Voter interface device" means any device that
519	communicates voting instructions and ballot information to a
520	voter and allows the voter to select and vote for candidates and
521	issues.
522	(40)(37)  "Voter registration agency" means any office that
523	provides public assistance, any office that serves persons with
524	disabilities, any center for independent living, or any public
525	library.
526	(41)(38)  "Voting booth" or "booth" means that booth or
527	enclosure wherein an elector casts his or her ballot for
528	tabulation by an electronic or electromechanical device.
529	(42)(39)  "Voting system" means a method of casting and
530	processing votes that functions wholly or partly by use of
531	electromechanical or electronic apparatus or by use of marksense
532	paper ballots and includes, but is not limited to, the
533	procedures for casting and processing votes and the programs,
534	operating manuals, supplies tabulating cards, printouts, and
535	other software necessary for the system's operation.
536	Section 3.  Section 97.029, Florida Statutes, is created to
537	read:
538	97.029  Attorney's fees and costs.--
539	(1)  An award of attorney's fees and costs shall be made to
540	the prevailing party in any court or administrative proceeding,
541	including any action for injunctive relief, challenging the
542	application, interpretation, or constitutionality of any
543	election or voter registration law.
544	(2)(a)  The term "attorney's fees and costs" means the
545	reasonable and necessary attorney's fees and costs incurred for
546	all preparations, motions, hearings, trials, and appeals in a
547	proceeding.
548	(b)  The term "prevailing party" means the party that has
549	received a final judgment or order in its favor and such
550	judgment or order has not been reversed on appeal or the time
551	for seeking judicial review of the judgment or order has
552	expired. Where an action has been voluntarily dismissed or
553	dismissed pursuant to a settlement of the case, there shall be
554	no prevailing party.
555	(3)  Within 60 days after the date that a party becomes a
556	prevailing party, the attorney for the prevailing party shall
557	submit an itemized affidavit to the court that first conducted
558	the adversarial proceeding in the underlying action or to the
559	Division of Administrative Hearings, which shall assign an
560	administrative law judge in the case of a proceeding pursuant to
561	chapter 120. The affidavit shall detail the nature and extent of
562	the services rendered by the attorney as well as the costs
563	incurred in preparations, motions, hearings, and appeals in the
564	proceeding.
565	(4)  The court or the administrative law judge in the case
566	of a proceeding under chapter 120 shall promptly conduct an
567	evidentiary hearing on the application for an award of
568	attorney's fees and shall issue a judgment or a final order in
569	the case of an administrative law judge. The final order of an
570	administrative law judge is reviewable in accordance with the
571	provisions of s. 120.68. If the court affirms the award of
572	attorney's fees and costs in whole or in part, it may, in its
573	discretion, award additional attorney's fees and costs for the
574	appeal.
575	(5)  No party shall be required to pay an award of
576	attorney's fees and costs pursuant to this section in an amount
577	exceeding $200,000.
578	Section 4.  Section 97.051, Florida Statutes, is amended to
579	read:
580	97.051  Oath upon registering.--A person registering to
581	vote must subscribe to the following oath: "I do solemnly swear
582	(or affirm) that I will protect and defend the Constitution of
583	the United States and the Constitution of the State of Florida,
584	that I am qualified to register as an elector under the
585	Constitution and laws of the State of Florida, and that all
586	information provided in this application is true I am a citizen
587	of the United States and a legal resident of Florida."
588	Section 5.  Section 97.052, Florida Statutes, is amended to
589	read:
590	97.052  Uniform statewide voter registration application.--
591	(1)  The department shall prescribe a uniform statewide
592	voter registration application for use in this state.
593	(a)  The uniform statewide voter registration application
594	must be accepted for any one or more of the following purposes:
595	1.  Initial registration.
596	2.  Change of address.
597	3.  Change of party affiliation.
598	4.  Change of name.
599	5.  Replacement of voter registration identification card.
600	6.  Signature update.
601	(b)  The department is responsible for printing the uniform
602	statewide voter registration application and the voter
603	registration application form prescribed by the Federal Election
604	Assistance Commission pursuant to federal law the National Voter
605	Registration Act of 1993. The applications and forms must be
606	distributed, upon request, to the following:
607	1.  Individuals seeking to register to vote.
608	2.  Individuals or groups conducting voter registration
609	programs. A charge of 1 cent per application shall be assessed
610	on requests for 10,000 or more applications.
611	3.  The Department of Highway Safety and Motor Vehicles.
612	4.  Voter registration agencies.
613	5.  Armed forces recruitment offices.
614	6.  Qualifying educational institutions.
615	7.  Supervisors, who must make the applications and forms
616	available in the following manner:
617	a.  By distributing the applications and forms in their
618	offices to any individual or group.
619	b.  By distributing the applications and forms at other
620	locations designated by each supervisor.
621	c.  By mailing the applications and forms to applicants
622	upon the request of the applicant.
623	(c)  The uniform statewide voter registration application
624	may be reproduced by any private individual or group, provided
625	the reproduced application is in the same format as the
626	application prescribed under this section.
627	(2)  The uniform statewide voter registration application
628	must be designed to elicit the following information from the
629	applicant:
630	(a)  Full name.
631	(b)  Date of birth.
632	(c)  Address of legal residence.
633	(d)  Mailing address, if different.
634	(e)  County of legal residence.
635	(f)  Address of property for which the applicant has been
636	granted a homestead exemption, if any.
637	(f)(g)  Race or ethnicity that best describes the
638	applicant:
639	1.  American Indian or Alaskan Native.
640	2.  Asian or Pacific Islander.
641	3.  Black, not Hispanic.
642	4.  White, not Hispanic.
643	5.  Hispanic.
644	(g)(h)  State or country of birth.
645	(h)(i)  Sex.
646	(i)(j)  Party affiliation.
647	(j)(k)  Whether the applicant needs assistance in voting.
648	(k)(l)  Name and address where last registered.
649	(l)(m)  Last four digits of the applicant's social security
650	number.
651	(m)(n)  Florida driver's license number or the
652	identification number from a Florida identification card issued
653	under s. 322.051.
654	(n)(o)  Telephone number (optional).
655	(o)  E-mail address (optional).
656	(p)  Signature of applicant under penalty for false
657	swearing pursuant to s. 104.011, by which the person subscribes
658	to the oath required by s. 3, Art. VI of the State Constitution
659	and s. 97.051, and swears or affirms that the information
660	contained in the registration application is true.
661	(q)  Whether the application is being used for initial
662	registration, to update a voter registration record, or to
663	request a replacement registration identification card.
664	(r)  Whether the applicant is a citizen of the United
665	States by asking the question "Are you a citizen of the United
666	States of America?" and providing boxes for the applicant to
667	check to indicate whether the applicant is or is not a citizen
668	of the United States.
669	(s)  Whether That the applicant has not been convicted of a
670	felony and or, if convicted, has had his or her civil rights
671	restored by including the statement "I affirm I am not a
672	convicted felon, or if I am, my rights relating to voting have
673	been restored" and providing a box for the applicant to check to
674	affirm the statement.
675	(t)  Whether That the applicant has not been adjudicated
676	mentally incapacitated with respect to voting or, if so
677	adjudicated, has had his or her right to vote restored by
678	including the statement "I affirm I have not been adjudicated
679	mentally incapacitated with respect to voting or, if I have, my
680	competency has been restored" and providing a box for the
681	applicant to check to affirm the statement.
682
683	The registration form must be in plain language and designed so
684	that convicted felons whose civil rights have been restored and
685	persons who have been adjudicated mentally incapacitated and
686	have had their voting rights restored are not required to reveal
687	their prior conviction or adjudication.
688	(3)  The uniform statewide voter registration application
689	must also contain:
690	(a)  The oath required by s. 3, Art. VI of the State
691	Constitution and s. 97.051.
692	(b)  A statement specifying each eligibility requirement
693	under s. 97.041.
694	(c)  The penalties provided in s. 104.011 for false
695	swearing in connection with voter registration.
696	(d)  A statement that, if an applicant declines to register
697	to vote, the fact that the applicant has declined to register
698	will remain confidential and may be used only for voter
699	registration purposes.
700	(e)  A statement that informs the applicant who chooses to
701	register to vote or update a voter registration record that the
702	office at which the applicant submits a voter registration
703	application or updates a voter registration record will remain
704	confidential and may be used only for voter registration
705	purposes.
706	(f)  A statement that informs the applicant that any person
707	who has been granted a homestead exemption in this state, and
708	who registers to vote in any precinct other than the one in
709	which the property for which the homestead exemption has been
710	granted, shall have that information forwarded to the property
711	appraiser where such property is located, which may result in
712	the person's homestead exemption being terminated and the person
713	being subject to assessment of back taxes under s. 193.092,
714	unless the homestead granted the exemption is being maintained
715	as the permanent residence of a legal or natural dependent of
716	the owner and the owner resides elsewhere.
717	(f)(g)  A statement informing the applicant that if the
718	form is submitted by mail and the applicant is registering for
719	the first time, the applicant will be required to provide
720	identification prior to voting the first time.
721	(4)  A supervisor may produce a voter registration
722	application that has the supervisor's direct mailing address if
723	the department has reviewed the application and determined that
724	it is substantially the same as the uniform statewide voter
725	registration application.
726	(5)  The voter registration application form prescribed by
727	the Federal Election Assistance Commission pursuant to federal
728	law the National Voter Registration Act of 1993 or the federal
729	postcard application must be accepted as an application for
730	registration in this state if the completed application or
731	postcard application contains the information required by the
732	constitution and laws of this state.
733	Section 6.  Section 97.053, Florida Statutes, is amended to
734	read:
735	97.053  Acceptance of voter registration applications.--
736	(1)  Voter registration applications, changes in
737	registration, and requests for a replacement registration
738	identification card must be accepted in the office of any
739	supervisor, the division, a driver license office, a voter
740	registration agency, or an armed forces recruitment office when
741	hand delivered by the applicant or a third party during the
742	hours that office is open or when mailed.
743	(2)  A completed voter registration application is complete
744	and that contains the information necessary to establish an
745	applicant's eligibility pursuant to s. 97.041 becomes the
746	official voter registration record of that applicant when all
747	information necessary to establish the applicant's eligibility
748	pursuant to s. 97.041 is received by the appropriate supervisor.
749	If the applicant fails to complete his or her voter registration
750	application prior to the date of book closing for an election,
751	then such applicant shall not be eligible to vote in that
752	election.
753	(3)  The registration date for a valid initial voter
754	registration application that has been hand delivered is the
755	date when received by a driver license office, a voter
756	registration agency, an armed forces recruitment office, the
757	division, or the office of any supervisor in the state.
758	(4)  The registration date for a valid initial voter
759	registration application that has been mailed to a driver
760	license office, a voter registration agency, an armed forces
761	recruitment office, the division, or the office of any
762	supervisor in the state and bears a clear postmark is the date
763	of that the postmark. If an initial voter registration
764	application that has been mailed does not bear a postmark or if
765	the postmark is unclear, the registration date is the date the
766	registration is received by any supervisor or the division,
767	unless it is received within 5 days after the closing of the
768	books for an election, excluding Saturdays, Sundays, and legal
769	holidays, in which case the registration date is the book-
770	closing date.
771	(5)(a)  A voter registration application contains all
772	information necessary to establish the applicant's eligibility
773	pursuant to s. 97.041 is complete if it contains:
774	1.  The applicant's name.
775	2.  The applicant's legal residence address.
776	3.  The applicant's date of birth.
777	4.  A mark in the checkbox affirming An indication that the
778	applicant is a citizen of the United States.
779	5.  The applicant's Florida driver's license number, the
780	identification number from a Florida identification card issued
781	under s. 322.051, or the last four digits of the applicant's
782	social security number.
783	6.  A mark in the checkbox affirming An indication that the
784	applicant has not been convicted of a felony or that, if
785	convicted, has had his or her civil rights restored.
786	7.  A mark in the checkbox affirming An indication that the
787	applicant has not been adjudicated mentally incapacitated with
788	respect to voting or that, if so adjudicated, has had his or her
789	right to vote restored.
790	8.  The original signature of the applicant swearing or
791	affirming under the penalty for false swearing pursuant to s.
792	104.011 that the information contained in the registration
793	application is true and subscribing to the oath required by s.
794	3, Art. VI of the State Constitution and s. 97.051.
795	(b)  An applicant who fails to designate party affiliation
796	must be registered without party affiliation. The supervisor
797	must notify the voter by mail that the voter has been registered
798	without party affiliation and that the voter may change party
799	affiliation as provided in s. 97.1031.
800	Section 7.  Section 97.055, Florida Statutes, is amended to
801	read:
802	97.055  Registration books; when closed for an election.--
803	(1)  The registration books must be closed on the 29th day
804	before each election and must remain closed until after that
805	election. If an election is called and there are fewer than 29
806	days before that election, the registration books must be closed
807	immediately. When the registration books are closed for an
808	election, only updates to a voter's name, address, and signature
809	pursuant to ss. 98.077 and 101.045 will be permitted for
810	purposes of the upcoming election. Voter registration
811	applications and party changes must be accepted but only for the
812	purpose of subsequent elections. However, party changes received
813	between the book-closing date of the first primary election and
814	the date of the second primary election are not effective until
815	after the second primary election.
816	(2)  In computing the 29-day period for the closing of the
817	registration books, the day of the election is excluded and all
818	other days are included. If the 29th day preceding an election
819	falls on a Sunday or a legal holiday, the registration books
820	must be closed on the next day that is not a Sunday or a legal
821	holiday.
822	Section 8.  Section 97.0575, Florida Statutes, is created
823	to read:
824	97.0575  Third-party voter registrations.--
825	(1)  Prior to engaging in any voter registration
826	activities, a third-party voter registration organization shall
827	name a registered agent in the state and submit to the division,
828	in a form adopted by the division, the name of the registered
829	agent and the name of those individuals responsible for the day-
830	to-day operation of the third-party voter registration
831	organization including, if applicable, the names of the entity's
832	board of directors, president, vice president, managing partner,
833	or such other persons engaged in similar duties or functions. By
834	no later than the 15th day after the end of each calendar
835	quarter, each third-party voter registration organization shall
836	submit to the division a report providing the date and location
837	of any organized voter registration drives conducted by the
838	organization in the prior calendar quarter.
839	(2)  The failure to submit the information required by
840	subsection (1) shall not subject the third-party voter
841	registration organization to any civil or criminal penalties for
842	such failure nor shall the failure to submit such information be
843	a basis to deny such third-party voter registration organization
844	with copies of voter registration application forms.
845	(3)  A third-party voter registration organization that
846	collects voter registration applications serves as a fiduciary
847	to the applicant, ensuring that any voter registration
848	application entrusted to the third-party voter registration
849	organization, irrespective of party affiliation, race,
850	ethnicity, or gender, shall be promptly delivered to the
851	division or the supervisor of elections. If a voter registration
852	application collected by any third-party voter registration
853	organization is not delivered to the division or supervisor of
854	elections, then the individual collecting the voter registration
855	application, the registered agent, and those individuals
856	responsible for the day-to-day operation of the third-party
857	voter registration organization including, if applicable, the
858	entity's board of directors, president, vice president, managing
859	partner, or such other individuals engaged in similar duties or
860	functions, shall each be personally and jointly and severally
861	liable for the following fines:
862	(a)  A fine in the amount of $100 per application received
863	by the division or the supervisor of elections more than 10 days
864	after the applicant delivered the completed voter registration
865	application to the third-party voter registration organization
866	or any person, entity, or agent acting on its behalf.
867	(b)  A fine in the amount of $250 per application collected
868	by any third-party voter registration organization or any
869	person, entity, or agent acting on its behalf, prior to book
870	closing for any given election for federal or state office and
871	submitted to the division or the supervisor of elections after
872	the book closing deadline for such election.
873	(c)  A fine in the amount of $1,000 per application
874	collected by the third-party voter registration organization or
875	any person, entity, or agent acting on its behalf and not
876	submitted to the division or supervisor of elections.
877
878	Any person claiming to have been registered by a third-party
879	voter registration organization who does not appear as an active
880	voter on the voter registration rolls shall be presented with a
881	form adopted by the division to elicit additional information
882	regarding the facts and circumstances surrounding the soliciting
883	of the voter registration application. Any violation of this
884	section may be investigated by the division, and civil fines
885	shall be assessed by the division and enforced through any
886	appropriate legal proceedings. The civil fines contained herein
887	shall be in addition to any applicable criminal penalties. If
888	the third-party voter registration organization has complied
889	with the provisions of subsection (1), then the amount of the
890	fines imposed pursuant to this subsection shall be reduced by
891	three-fourths. The date on which the voter registration
892	application is signed by the applicant shall be presumed to be
893	the date on which the third-party voter registration
894	organization received or collected the voter registration
895	application.
896	(4)  The amount of fines collected by the division pursuant
897	to this section shall be set aside by the division in a trust
898	fund administered by the department to be used for enforcement
899	of this section and for voter education.
900	(5)  The division may adopt rules as necessary to implement
901	this section.
902	Section 9.  Subsection (3) of section 98.045, Florida
903	Statutes, is amended to read:
904	98.045  Administration of voter registration.--
905	(3)  Notwithstanding the provisions of s. ss. 98.095 and
906	98.0977, each supervisor shall maintain for at least 2 years,
907	and make available for public inspection and copying, all
908	records concerning implementation of registration list
909	maintenance programs and activities conducted pursuant to ss.
910	98.065, 98.075, and 98.0977. The records must include lists of
911	the name and address of each person to whom an address
912	confirmation final notice was sent and information as to whether
913	each such person responded to the mailing, but may not include
914	any information that is confidential or exempt from public
915	records requirements under this code.
916	Section 10.  Section 98.077, Florida Statutes, is amended
917	to read:
918	98.077  Update of voter signature.--The supervisor of
919	elections shall provide to each registered voter of the county
920	the opportunity to update his or her signature on file at the
921	supervisor's office by providing notification of the ability to
922	do so in any correspondence, other than postcard notifications,
923	sent to the voter. The notice shall advise when, where, and how
924	to update the signature and shall provide the voter information
925	on how to obtain a form from the supervisor that can be returned
926	to update the signature. In addition, at least once during each
927	general election year, the supervisor shall publish in a
928	newspaper of general circulation or other newspaper in the
929	county deemed appropriate by the supervisor a notice specifying
930	when, where, or how a voter can update his or her signature that
931	is on file or how a voter can obtain a form from the supervisor
932	to do so. All signature updates for use in verifying absentee
933	and provisional ballots shall be received by the appropriate
934	supervisor of elections no later than 5 p.m. of the fifth day
935	prior to the election. The signature on file at 5 p.m. on the
936	fifth day before the election is the signature that shall be
937	used in verifying the signature on the absentee and provisional
938	ballot certificates.
939	Section 11.  Section 99.061, Florida Statutes, is amended
940	to read:
941	99.061  Method of qualifying for nomination or election to
942	federal, state, county, or district office.--
943	(1)  The provisions of any special act to the contrary
944	notwithstanding, each person seeking to qualify for nomination
945	or election to a federal, state, or multicounty district office,
946	other than election to a judicial office as defined in chapter
947	105 or the office of school board member, shall file his or her
948	qualification papers with, and pay the qualifying fee, which
949	shall consist of the filing fee and election assessment, and
950	party assessment, if any has been levied, to, the Department of
951	State, or qualify by the petition process pursuant to s. 99.095
952	alternative method with the Department of State, at any time
953	after noon of the 1st day for qualifying, which shall be as
954	follows: the 120th day prior to the first primary, but not later
955	than noon of the 116th day prior to the date of the first
956	primary, for persons seeking to qualify for nomination or
957	election to federal office; and noon of the 50th day prior to
958	the first primary, but not later than noon of the 46th day prior
959	to the date of the first primary, for persons seeking to qualify
960	for nomination or election to a state or multicounty district
961	office.
962	(2)  The provisions of any special act to the contrary
963	notwithstanding, each person seeking to qualify for nomination
964	or election to a county office, or district or special district
965	office not covered by subsection (1), shall file his or her
966	qualification papers with, and pay the qualifying fee, which
967	shall consist of the filing fee and election assessment, and
968	party assessment, if any has been levied, to, the supervisor of
969	elections of the county, or shall qualify by the petition
970	process pursuant to s. 99.095 alternative method with the
971	supervisor of elections, at any time after noon of the 1st day
972	for qualifying, which shall be the 50th day prior to the first
973	primary or special district election, but not later than noon of
974	the 46th day prior to the date of the first primary or special
975	district election. However, if a special district election is
976	held at the same time as the second primary or general election,
977	qualifying shall be the 50th day prior to the first primary, but
978	not later than noon of the 46th day prior to the date of the
979	first primary. Within 30 days after the closing of qualifying
980	time, the supervisor of elections shall remit to the secretary
981	of the state executive committee of the political party to which
982	the candidate belongs the amount of the filing fee, two-thirds
983	of which shall be used to promote the candidacy of candidates
984	for county offices and the candidacy of members of the
985	Legislature.
986	(3)(a)  Each person seeking to qualify for election to
987	office as a write-in candidate shall file his or her
988	qualification papers with the respective qualifying officer at
989	any time after noon of the 1st day for qualifying, but not later
990	than noon of the last day of the qualifying period for the
991	office sought.
992	(b)  Any person who is seeking election as a write-in
993	candidate shall not be required to pay a filing fee, election
994	assessment, or party assessment. A write-in candidate shall not
995	be entitled to have his or her name printed on any ballot;
996	however, space for the write-in candidate's name to be written
997	in shall be provided on the general election ballot. No person
998	may qualify as a write-in candidate if the person has also
999	otherwise qualified for nomination or election to such office.
1000	(4)  At the time of qualifying for office, each candidate
1001	for a constitutional office shall file a full and public
1002	disclosure of financial interests pursuant to s. 8, Art. II of
1003	the State Constitution, and a candidate for any other office,
1004	including local elective office, shall file a statement of
1005	financial interests pursuant to s. 112.3145.
1006	(5)  The Department of State shall certify to the
1007	supervisor of elections, within 7 days after the closing date
1008	for qualifying, the names of all duly qualified candidates for
1009	nomination or election who have qualified with the Department of
1010	State.
1011	(6)  Notwithstanding the qualifying period prescribed in
1012	this section, if a candidate has submitted the necessary
1013	petitions by the required deadline in order to qualify by the
1014	petition process pursuant to s. 99.095 alternative method as a
1015	candidate for nomination or election and the candidate is
1016	notified after the 5th day prior to the last day for qualifying
1017	that the required number of signatures has been obtained, the
1018	candidate is entitled to subscribe to the candidate's oath and
1019	file the qualifying papers at any time within 5 days from the
1020	date the candidate is notified that the necessary number of
1021	signatures has been obtained. Any candidate who qualifies within
1022	the time prescribed in this subsection is entitled to have his
1023	or her name printed on the ballot.
1024	(7)(a)  In order for a candidate to be qualified, the
1025	following items must be received by the filing officer by the
1026	end of the qualifying period:
1027	1.  A properly executed check drawn upon the candidate's
1028	campaign account in an amount not less than the fee required by
1029	s. 99.092 or, in lieu thereof, as applicable, the copy of the
1030	notice of obtaining ballot position pursuant to s. 99.095 or the
1031	undue burden oath authorized pursuant to s. 99.0955 or s.
1032	99.096. If a candidate's check is returned by the bank for any
1033	reason, the filing officer shall immediately notify the
1034	candidate and the candidate shall, the end of qualifying
1035	notwithstanding, have 48 hours from the time such notification
1036	is received, excluding Saturdays, Sundays, and legal holidays,
1037	to pay the fee with a cashier's check purchased from funds of
1038	the campaign account. Failure to pay the fee as provided in this
1039	subparagraph shall disqualify the candidate.
1040	2.  The candidate's oath required by s. 99.021, which must
1041	contain the name of the candidate as it is to appear on the
1042	ballot; the office sought, including the district or group
1043	number if applicable; and the signature of the candidate, duly
1044	acknowledged.
1045	3.  The loyalty oath required by s. 876.05, signed by the
1046	candidate and duly acknowledged.
1047	4.  If the office sought is partisan, the written statement
1048	of political party affiliation required by s. 99.021(1)(b).
1049	5.  The completed form for the appointment of campaign
1050	treasurer and designation of campaign depository, as required by
1051	s. 106.021.
1052	6.  The full and public disclosure or statement of
1053	financial interests required by subsection (4). A public officer
1054	who has filed the full and public disclosure or statement of
1055	financial interests with the Commission on Ethics or the
1056	supervisor of elections prior to qualifying for office may file
1057	a copy of that disclosure at the time of qualifying.
1058	(b)  If the filing officer receives qualifying papers that
1059	do not include all items as required by paragraph (a) prior to
1060	the last day of qualifying, the filing officer shall make a
1061	reasonable effort to notify the candidate of the missing or
1062	incomplete items and shall inform the candidate that all
1063	required items must be received by the close of qualifying. A
1064	candidate's name as it is to appear on the ballot may not be
1065	changed after the end of qualifying.
1066	(8)  Notwithstanding the qualifying period prescribed in
1067	this section, a qualifying officer may accept and hold
1068	qualifying papers submitted not earlier than 14 days prior to
1069	the beginning of the qualifying period to be processed and filed
1070	during the qualifying period.
1071	(9)(8)  Notwithstanding the qualifying period prescribed by
1072	this section, in each year in which the Legislature apportions
1073	the state, the qualifying period for persons seeking to qualify
1074	for nomination or election to federal office shall be between
1075	noon of the 57th day prior to the first primary, but not later
1076	than noon of the 53rd day prior to the first primary.
1077	(10)(9)  The Department of State may prescribe by rule
1078	requirements for filing papers to qualify as a candidate under
1079	this section.
1080	Section 12.  Paragraph (d) of subsection (2) of section
1081	99.063, Florida Statutes, is amended to read:
1082	99.063  Candidates for Governor and Lieutenant Governor.--
1083	(2)  No later than 5 p.m. of the 9th day following the
1084	second primary election, each designated candidate for
1085	Lieutenant Governor shall file with the Department of State:
1086	(d)  The full and public disclosure of financial interests
1087	pursuant to s. 8, Art. II of the State Constitution. A public
1088	officer who has filed the full and public disclosure with the
1089	Commission on Ethics prior to qualifying for office may file a
1090	copy of that disclosure at the time of qualifying.
1091	Section 13.  Subsection (1) of section 99.092, Florida
1092	Statutes, is amended to read:
1093	99.092  Qualifying fee of candidate; notification of
1094	Department of State.--
1095	(1)  Each person seeking to qualify for nomination or
1096	election to any office, except a person seeking to qualify by
1097	the petition process alternative method pursuant to s. 99.095,
1098	s. 99.0955, or s. 99.096 and except a person seeking to qualify
1099	as a write-in candidate, shall pay a qualifying fee, which shall
1100	consist of a filing fee and election assessment, to the officer
1101	with whom the person qualifies, and any party assessment levied,
1102	and shall attach the original or signed duplicate of the receipt
1103	for his or her party assessment or pay the same, in accordance
1104	with the provisions of s. 103.121, at the time of filing his or
1105	her other qualifying papers. The amount of the filing fee is 3
1106	percent of the annual salary of the office. The amount of the
1107	election assessment is 1 percent of the annual salary of the
1108	office sought. The election assessment shall be deposited into
1109	the Elections Commission Trust Fund. The amount of the party
1110	assessment is 2 percent of the annual salary. The annual salary
1111	of the office for purposes of computing the filing fee, election
1112	assessment, and party assessment shall be computed by
1113	multiplying 12 times the monthly salary, excluding any special
1114	qualification pay, authorized for such office as of July 1
1115	immediately preceding the first day of qualifying. No qualifying
1116	fee shall be returned to the candidate unless the candidate
1117	withdraws his or her candidacy before the last date to qualify.
1118	If a candidate dies prior to an election and has not withdrawn
1119	his or her candidacy before the last date to qualify, the
1120	candidate's qualifying fee shall be returned to his or her
1121	designated beneficiary, and, if the filing fee or any portion
1122	thereof has been transferred to the political party of the
1123	candidate, the Secretary of State shall direct the party to
1124	return that portion to the designated beneficiary of the
1125	candidate.
1126	Section 14.  Section 99.095, Florida Statutes, is amended
1127	to read:
1128	(Substantial rewording of section. See
1129	s. 99.095, F.S., for present text.)
1130	99.095  Petition process in lieu of qualifying fee and
1131	party assessment.--
1132	(1)  A person seeking to qualify as a candidate for any
1133	office is not required to pay the qualifying fee or party
1134	assessment required by this chapter if he or she meets the
1135	petition requirements of this section.
1136	(2)(a)  A candidate shall obtain the number of signatures
1137	of voters in the geographical area represented by the office
1138	sought equal to at least 1 percent of the total number of
1139	registered voters of that geographical area, as shown by the
1140	compilation by the department for the last preceding general
1141	election. Signatures may not be obtained until the candidate has
1142	filed the appointment of campaign treasurer and designation of
1143	campaign depository pursuant to s. 106.021.
1144	(b)  The format of the petition shall be prescribed by the
1145	division and shall be used by candidates to reproduce petitions
1146	for circulation. If the candidate is running for an office that
1147	requires a group or district designation, the petition must
1148	indicate that designation, and, if it does not, the signatures
1149	are not valid. A separate petition is required for each voter.
1150	(3)  Each petition shall be submitted before noon of the
1151	28th day preceding the first day of the qualifying period for
1152	the office sought to the supervisor of elections of the county
1153	in which such petition was circulated. Each supervisor shall
1154	check the signatures on the petitions to verify their status as
1155	voters in the county, district, or other geographical area
1156	represented by the office sought. No later than the 7th day
1157	before the first day of the qualifying period, the supervisor
1158	shall certify the number of valid signatures.
1159	(4)(a)  Certifications for candidates for federal, state,
1160	or multicounty district office shall be submitted by the
1161	supervisor to the division. The division shall determine whether
1162	the required number of signatures has been obtained and shall
1163	notify the candidate of its determination.
1164	(b)  For candidates for county or district office not
1165	covered by paragraph (a), the supervisor shall determine whether
1166	the required number of signatures has been obtained and shall
1167	notify the candidate of his or her determination.
1168	(5)  If the required number of signatures has been
1169	obtained, the candidate is eligible to qualify pursuant to s.
1170	99.061.
1171	Section 15.  Section 99.0955, Florida Statutes, is amended
1172	to read:
1173	99.0955  Candidates with no party affiliation; name on
1174	general election ballot.--
1175	(1)  Each person seeking to qualify for election as a
1176	candidate with no party affiliation shall file his or her
1177	qualifying qualification papers and pay the qualifying fee or
1178	qualify by the petition process pursuant to s. 99.095,
1179	alternative method prescribed in subsection (3) with the officer
1180	and during the times and under the circumstances prescribed in
1181	s. 99.061. Upon qualifying, the candidate is entitled to have
1182	his or her name placed on the general election ballot.
1183	(2)  The qualifying fee for candidates with no party
1184	affiliation shall consist of a filing fee and an election
1185	assessment as prescribed in s. 99.092. The amount of the filing
1186	fee is 3 percent of the annual salary of the office sought. The
1187	amount of the election assessment is 1 percent of the annual
1188	salary of the office sought. The election assessment shall be
1189	deposited into the Elections Commission Trust Fund. Filing fees
1190	paid to the Department of State shall be deposited into the
1191	General Revenue Fund of the state. Filing fees paid to the
1192	supervisor of elections shall be deposited into the general
1193	revenue fund of the county.
1194	(3)(a)  A candidate with no party affiliation may, in lieu
1195	of paying the qualifying fee, qualify for office by the
1196	alternative method prescribed in this subsection. A candidate
1197	using this petitioning process shall file an oath with the
1198	officer before whom the candidate would qualify for the office
1199	stating that he or she intends to qualify by this alternative
1200	method. If the person is running for an office that requires a
1201	group or district designation, the candidate must indicate the
1202	designation in his or her oath. The oath shall be filed at any
1203	time after the first Tuesday after the first Monday in January
1204	of the year in which the election is held, but before the 21st
1205	day preceding the first day of the qualifying period for the
1206	office sought. The Department of State shall prescribe the form
1207	to be used in administering and filing the oath. Signatures may
1208	not be obtained by a candidate on any petition until the
1209	candidate has filed the oath required in this subsection. Upon
1210	receipt of the written oath from a candidate, the qualifying
1211	officer shall provide the candidate with petition forms in
1212	sufficient numbers to facilitate the gathering of signatures. If
1213	the candidate is running for an office that requires a group or
1214	district designation, the petition must indicate that
1215	designation or the signatures obtained on the petition will not
1216	be counted.
1217	(b)  A candidate shall obtain the signatures of a number of
1218	qualified electors in the geographical entity represented by the
1219	office sought equal to 1 percent of the registered electors of
1220	the geographical entity represented by the office sought, as
1221	shown by the compilation by the Department of State for the
1222	preceding general election.
1223	(c)  Each petition must be submitted before noon of the
1224	21st day preceding the first day of the qualifying period for
1225	the office sought, to the supervisor of elections of the county
1226	for which such petition was circulated. Each supervisor to whom
1227	a petition is submitted shall check the signatures on the
1228	petition to verify their status as electors in the county,
1229	district, or other geographical entity represented by the office
1230	sought. Before the first day for qualifying, the supervisor
1231	shall certify the number shown as registered electors.
1232	(d)1.  Certifications for candidates for federal, state, or
1233	multicounty district office shall be submitted to the Department
1234	of State. The Department of State shall determine whether the
1235	required number of signatures has been obtained for the name of
1236	the candidate to be placed on the ballot and shall notify the
1237	candidate.
1238	2.  For candidates for county or district office not
1239	covered by subparagraph 1., the supervisor of elections shall
1240	determine whether the required number of signatures has been
1241	obtained for the name of the candidate to be placed on the
1242	ballot and shall notify the candidate.
1243	(e)  If the required number of signatures has been
1244	obtained, the candidate shall, during the time prescribed for
1245	qualifying for office, submit a copy of the notice received
1246	under paragraph (d) and file his or her qualifying papers and
1247	the oath prescribed by s. 99.021 with the qualifying officer.
1248	Section 16.  Section 99.096, Florida Statutes, is amended
1249	to read:
1250	99.096  Minor political party candidates; names on
1251	ballot.--
1252	(1)  The executive committee of a minor political party
1253	shall, no later than noon of the third day prior to the first
1254	day of the qualifying period prescribed for federal candidates,
1255	submit to the Department of State a list of federal candidates
1256	nominated by the party to be on the general election ballot. and
1257	No later than noon of the third day prior to the first day of
1258	the qualifying period for state candidates, the executive
1259	committee of a minor political party shall submit to the
1260	Department of State the official list of the state, multicounty,
1261	and county respective candidates nominated by that party to be
1262	on the ballot in the general election to the filing officer for
1263	each of the candidates. The Department of State shall notify the
1264	appropriate supervisors of elections of the name of each minor
1265	party candidate eligible to qualify before such supervisor. The
1266	official list of nominated candidates may not be changed by the
1267	party after having been filed with the filing officers
1268	Department of State, except that candidates who have qualified
1269	may withdraw from the ballot pursuant to the provisions of this
1270	code, and vacancies in nominations may be filled pursuant to s.
1271	100.111.
1272	(2)  Each person seeking to qualify for election as a
1273	candidate of a minor political party shall file his or her
1274	qualifying qualification papers with, and pay the qualifying fee
1275	and, if one has been levied, the party assessment, or qualify by
1276	the petition process pursuant to s. 99.095 alternative method
1277	prescribed in subsection (3), with the officer and at the times
1278	and under the circumstances provided in s. 99.061.
1279	(3)(a)  A minor party candidate may, in lieu of paying the
1280	qualifying fee and party assessment, qualify for office by the
1281	alternative method prescribed in this subsection. A candidate
1282	using this petitioning process shall file an oath with the
1283	officer before whom the candidate would qualify for the office
1284	stating that he or she intends to qualify by this alternative
1285	method. If the person is running for an office that requires a
1286	group or district designation, the candidate must indicate the
1287	designation in his or her oath. The oath must be filed at any
1288	time after the first Tuesday after the first Monday in January
1289	of the year in which the election is held, but before the 21st
1290	day preceding the first day of the qualifying period for the
1291	office sought. The Department of State shall prescribe the form
1292	to be used in administering and filing the oath. Signatures may
1293	not be obtained by a candidate on any petition until the
1294	candidate has filed the oath required in this section. Upon
1295	receipt of the written oath from a candidate, the qualifying
1296	officer shall provide the candidate with petition forms in
1297	sufficient numbers to facilitate the gathering of signatures. If
1298	the candidate is running for an office that requires a group or
1299	district designation, the petition must indicate that
1300	designation or the signatures on such petition will not be
1301	counted.
1302	(b)  A candidate shall obtain the signatures of a number of
1303	qualified electors in the geographical entity represented by the
1304	office sought equal to 1 percent of the registered electors in
1305	the geographical entity represented by the office sought, as
1306	shown by the compilation by the Department of State for the last
1307	preceding general election.
1308	(c)  Each petition shall be submitted prior to noon of the
1309	21st day preceding the first day of the qualifying period for
1310	the office sought to the supervisor of elections of the county
1311	for which the petition was circulated. Each supervisor to whom a
1312	petition is submitted shall check the signatures on the petition
1313	to verify their status as electors in the county, district, or
1314	other geographical entity represented by the office sought.
1315	Before the first day for qualifying, the supervisor shall
1316	certify the number shown as registered electors.
1317	(d)1.  Certifications for candidates for federal, state, or
1318	multicounty district office shall be submitted to the Department
1319	of State. The Department of State shall determine whether the
1320	required number of signatures has been obtained for the name of
1321	the candidate to be placed on the ballot and shall notify the
1322	candidate.
1323	2.  For candidates for county or district office not
1324	covered by subparagraph 1., the supervisor of elections shall
1325	determine whether the required number of signatures has been
1326	obtained for the name of the candidate to be placed on the
1327	ballot and shall notify the candidate.
1328	(e)  If the required number of signatures has been
1329	obtained, the candidate shall, during the prescribed time for
1330	qualifying for office, submit a copy of the notice received
1331	under paragraph (d) and file his or her qualifying papers and
1332	the oath prescribed by s. 99.021 with the qualifying officer.
1333	(4)  A minor party candidate whose name has been submitted
1334	pursuant to subsection (1) and who has qualified for office is
1335	entitled to have his or her name placed on the general election
1336	ballot.
1337	Section 17.  Subsection (1) of section 99.09651, Florida
1338	Statutes, is amended to read:
1339	99.09651  Signature requirements for ballot position in
1340	year of apportionment.--
1341	(1)  In a year of apportionment, any candidate for
1342	representative to Congress, state Senate, or state House of
1343	Representatives seeking ballot position by the petition process
1344	alternative method prescribed in s. 99.095, s. 99.0955, or s.
1345	99.096 shall obtain at least the number of signatures equal to
1346	one-third of 1 percent of the ideal population for the district
1347	of the office being sought.
1348	Section 18.  Subsection (1) of section 100.011, Florida
1349	Statutes, is amended to read:
1350	100.011  Opening and closing of polls, all elections;
1351	expenses.--
1352	(1)  The polls shall be open at the voting places at 7:00
1353	a.m., on the day of the election, and shall be kept open until
1354	7:00 p.m., of the same day, and the time shall be regulated by
1355	the customary time in standard use in the county seat of the
1356	locality. The inspectors shall make public proclamation of the
1357	opening and closing of the polls. During the election and
1358	canvass of the votes, the ballot box shall not be concealed. Any
1359	elector in line at the official closing of the polls shall be
1360	allowed to cast a vote in the election.
1361	Section 19.  Subsection (5) of section 100.101, Florida
1362	Statutes, is amended to read:
1363	100.101  Special elections and special primary
1364	elections.--Except as provided in s. 100.111(2), a special
1365	election or special primary election shall be held in the
1366	following cases:
1367	(5)  If a vacancy occurs in nomination.
1368	Section 20.  Paragraph (c) of subsection (3) and
1369	subsections (4) and (6) of section 100.111, Florida Statutes,
1370	are amended to read:
1371	100.111  Filling vacancy.--
1372	(3)  Whenever there is a vacancy for which a special
1373	election is required pursuant to s. 100.101(1)-(4), the
1374	Governor, after consultation with the Secretary of State, shall
1375	fix the date of a special first primary election, a special
1376	second primary election, and a special election. Nominees of
1377	political parties other than minor political parties shall be
1378	chosen under the primary laws of this state in the special
1379	primary elections to become candidates in the special election.
1380	Prior to setting the special election dates, the Governor shall
1381	consider any upcoming elections in the jurisdiction where the
1382	special election will be held. The dates fixed by the Governor
1383	shall be specific days certain and shall not be established by
1384	the happening of a condition or stated in the alternative. The
1385	dates fixed shall provide a minimum of 2 weeks between each
1386	election. In the event a vacancy occurs in the office of state
1387	senator or member of the House of Representatives when the
1388	Legislature is in regular legislative session, the minimum times
1389	prescribed by this subsection may be waived upon concurrence of
1390	the Governor, the Speaker of the House of Representatives, and
1391	the President of the Senate. If a vacancy occurs in the office
1392	of state senator and no session of the Legislature is scheduled
1393	to be held prior to the next general election, the Governor may
1394	fix the dates for any special primary and for the special
1395	election to coincide with the dates of the first and second
1396	primary and general election. If a vacancy in office occurs in
1397	any district in the state Senate or House of Representatives or
1398	in any congressional district, and no session of the
1399	Legislature, or session of Congress if the vacancy is in a
1400	congressional district, is scheduled to be held during the
1401	unexpired portion of the term, the Governor is not required to
1402	call a special election to fill such vacancy.
1403	(c)  The dates for a candidate to qualify by the petition
1404	process alternative method in such special primary or special
1405	election shall be fixed by the Department of State. In fixing
1406	such dates the Department of State shall take into consideration
1407	and be governed by the practical time limitations. Any candidate
1408	seeking to qualify by the petition alternative method in a
1409	special primary election shall obtain 25 percent of the
1410	signatures required by s. 99.095, s. 99.0955, or s. 99.096, as
1411	applicable.
1412	(4)(a)  In the event that death, resignation, withdrawal,
1413	removal, or any other cause or event should cause a party to
1414	have a vacancy in nomination which leaves no candidate for an
1415	office from such party, the Governor shall, after conferring
1416	with the Secretary of State, call a special primary election
1417	and, if necessary, a second special primary election to select
1418	for such office a nominee of such political party. The dates on
1419	which candidates may qualify for such special primary election
1420	shall be fixed by the Department of State, and the candidates
1421	shall qualify no later than noon of the last day so fixed. The
1422	filing of campaign expense statements by candidates in special
1423	primaries shall not be later than such dates as shall be fixed
1424	by the Department of State. In fixing such dates, the Department
1425	of State shall take into consideration and be governed by the
1426	practical time limitations. The qualifying fees and party
1427	assessment of such candidates as may qualify shall be the same
1428	as collected for the same office at the last previous primary
1429	for that office. Each county canvassing board shall make as
1430	speedy a return of the results of such primaries as time will
1431	permit, and the Elections Canvassing Commission shall likewise
1432	make as speedy a canvass and declaration of the nominees as time
1433	will permit.
1434	(b)  If the vacancy in nomination occurs later than
1435	September 15, or if the vacancy in nomination occurs with
1436	respect to a candidate of a minor political party which has
1437	obtained a position on the ballot, no special primary election
1438	shall be held and the Department of State shall notify the chair
1439	of the appropriate state, district, or county political party
1440	executive committee of such party; and, within 5 7 days, the
1441	chair shall call a meeting of his or her executive committee to
1442	consider designation of a nominee to fill the vacancy. The name
1443	of any person so designated shall be submitted to the Department
1444	of State within 7 14 days of notice to the chair in order that
1445	the person designated may have his or her name printed or
1446	otherwise placed on the ballot of the ensuing general election,
1447	but in no event shall the supervisor of elections be required to
1448	place on a ballot a name submitted less than 21 days prior to
1449	the election. However, if the name of the new nominee is
1450	submitted after the certification of results of the preceding
1451	primary election, the ballots shall not be changed and vacancy
1452	occurs less than 21 days prior to the election, the person
1453	designated by the political party will replace the former party
1454	nominee even though the former party nominee's name will appear
1455	be on the ballot. Any ballots cast for the former party nominee
1456	will be counted for the person designated by the political party
1457	to replace the former party nominee. If there is no opposition
1458	to the party nominee, the person designated by the political
1459	party to replace the former party nominee will be elected to
1460	office at the general election. For purposes of this paragraph,
1461	the term "district political party executive committee" means
1462	the members of the state executive committee of a political
1463	party from those counties comprising the area involving a
1464	district office.
1465	(b)(c)  When, under the circumstances set forth in the
1466	preceding paragraph, vacancies in nomination are required to be
1467	filled by committee nominations, such vacancies shall be filled
1468	by party rule. In any instance in which a nominee is selected by
1469	a committee to fill a vacancy in nomination, such nominee shall
1470	pay the same filing fee and take the same oath as the nominee
1471	would have taken had he or she regularly qualified for election
1472	to such office.
1473	(d)  Any person who, at the close of qualifying as
1474	prescribed in ss. 99.061 and 105.031, was qualified for
1475	nomination or election to or retention in a public office to be
1476	filled at the ensuing general election is prohibited from
1477	qualifying as a candidate to fill a vacancy in nomination for
1478	any other office to be filled at that general election, even if
1479	such person has withdrawn or been eliminated as a candidate for
1480	the original office sought. However, this paragraph does not
1481	apply to a candidate for the office of Lieutenant Governor who
1482	applies to fill a vacancy in nomination for the office of
1483	Governor on the same ticket or to a person who has withdrawn or
1484	been eliminated as a candidate and who is subsequently
1485	designated as a candidate for Lieutenant Governor under s.
1486	99.063.
1487	(6)  In the event that a vacancy occurs which leaves less
1488	than 4 weeks for a candidate seeking to qualify by the
1489	alternative method to gather signatures for ballot position, the
1490	number of signatures required for ballot placement shall be 25
1491	percent of the number of signatures required by s. 99.095, s.
1492	99.0955, or s. 99.096, whichever is applicable.
1493	Section 21.  Subsections (1) and (2) of section 100.141,
1494	Florida Statutes, are amended to read:
1495	100.141  Notice of special election to fill any vacancy in
1496	office or nomination.--
1497	(1)  Whenever a special election is required to fill any
1498	vacancy in office or nomination, the Governor, after
1499	consultation with the Secretary of State, shall issue an order
1500	declaring on what day the election shall be held and deliver the
1501	order to the Department of State.
1502	(2)  The Department of State shall prepare a notice stating
1503	what offices and vacancies are to be filled in the special
1504	election, the date set for each special primary election and the
1505	special election, the dates fixed for qualifying for office, the
1506	dates fixed for qualifying by the petition process alternative
1507	method, and the dates fixed for filing campaign expense
1508	statements.
1509	Section 22.031, Florida Statutes, is amended to read:
1510	101.031  Instructions for electors.--
1511	(2)  The supervisor of elections in each county shall have
1512	posted at each polling place in the county the Voter's Bill of
1513	Rights and Responsibilities in the following form:
1514
1515	VOTER'S BILL OF RIGHTS
1516
1517	Each registered voter in this state has the right to:
1518	1.  Vote and have his or her vote accurately counted.
1519	2.  Cast a vote if he or she is in line at the official
1520	closing of the polls in that county.
1521	3.  Ask for and receive assistance in voting.
1522	4.  Receive up to two replacement ballots if he or she
1523	makes a mistake prior to the ballot being cast.
1524	5.  An explanation if his or her registration is in
1525	question.
1526	6.  If his or her registration or identity is in question,
1527	cast a provisional ballot.
1528	7.  Prove his or her identity by signing an affidavit if
1529	election officials doubt the voter's identity.
1530	7.8.  Written instructions to use when voting, and, upon
1531	request, oral instructions in voting from elections officers.
1532	8.9.  Vote free from coercion or intimidation by elections
1533	officers or any other person.
1534	9.10.  Vote on a voting system that is in working condition
1535	and that will allow votes to be accurately cast.
1536
1537	VOTER RESPONSIBILITIES
1538
1539	Each registered voter in this state should:
1540	1.  Familiarize himself or herself with the candidates and
1541	issues.
1542	2.  Maintain with the office of the supervisor of elections
1543	a current address.
1544	3.  Know the location of his or her polling place and its
1545	hours of operation.
1546	4.  Bring proper identification to the polling station.
1547	5.  Familiarize himself or herself with the operation of
1548	the voting equipment in his or her precinct.
1549	6.  Treat precinct workers with courtesy.
1550	7.  Respect the privacy of other voters.
1551	8.  Report any problems or violations of election laws to
1552	the supervisor of elections.
1553	9.  Ask questions, if needed.
1554	10.  Make sure that his or her completed ballot is correct
1555	before leaving the polling station.
1556
1557	NOTE TO VOTER: Failure to perform any of these responsibilities
1558	does not prohibit a voter from voting.
1559	Section 23.  Subsections (2) and (3) of section 101.043,
1560	Florida Statutes, are amended to read:
1561	101.043  Identification required at polls.--
1562	(2)  Except as provided in subsection (3), if the elector
1563	fails to furnish the required identification, or if the clerk or
1564	inspector is in doubt as to the identity of the elector, such
1565	clerk or inspector shall follow the procedure prescribed in s.
1566	101.49.
1567	(3)  If the elector who fails to furnish the required
1568	identification is a first-time voter who registered by mail and
1569	has not provided the required identification to the supervisor
1570	of elections prior to election day, the elector shall be allowed
1571	to vote a provisional ballot. The canvassing board shall
1572	determine the validity of the ballot pursuant to s. 101.048(2).
1573	Section 24.  Section 101.048, Florida Statutes, is amended
1574	to read:
1575	101.048  Provisional ballots.--
1576	(1)  At all elections, a voter claiming to be properly
1577	registered in the county and eligible to vote at the precinct in
1578	the election, but whose eligibility cannot be determined, a
1579	person who an election official asserts is not eligible and
1580	other persons specified in the code shall be entitled to vote a
1581	provisional ballot. Once voted, the provisional ballot shall be
1582	placed in a secrecy envelope and thereafter sealed in a
1583	provisional ballot envelope. The provisional ballot shall be
1584	deposited in a ballot box. All provisional ballots shall remain
1585	sealed in their envelopes for return to the supervisor of
1586	elections. The department shall prescribe the form of the
1587	provisional ballot envelope. A person casting a provisional
1588	ballot shall have the right to present written evidence
1589	supporting his or her eligibility to vote to the supervisor of
1590	elections by not later than 5 p.m. on the third day following
1591	the election.
1592	(2)(a)  The county canvassing board shall examine each
1593	Provisional Ballot Voter's Certificate and Affirmation envelope
1594	to determine if the person voting that ballot was entitled to
1595	vote at the precinct where the person cast a vote in the
1596	election and that the person had not already cast a ballot in
1597	the election. In determining whether a person casting a
1598	provisional ballot is entitled to vote, the county canvassing
1599	board shall review the information provided on the Voter's
1600	Certificate and Affirmation, written evidence provided by the
1601	person casting the provisional ballot pursuant to subsection
1602	(1), any other evidence presented by the supervisor of
1603	elections, and, in the case of a challenge, any evidence
1604	presented by the challenger. A ballot of a person casting a
1605	provisional ballot should be counted unless, by a preponderance
1606	of the evidence, the canvassing board determines that the person
1607	was not entitled to vote.
1608	(b)1.  If it is determined that the person was registered
1609	and entitled to vote at the precinct where the person cast a
1610	vote in the election, the canvassing board shall compare the
1611	signature on the Provisional Ballot Voter's Certificate and
1612	Affirmation envelope with the signature on the voter's
1613	registration and, if it matches, shall count the ballot.
1614	2.  If it is determined that the person voting the
1615	provisional ballot was not registered or entitled to vote at the
1616	precinct where the person cast a vote in the election, the
1617	provisional ballot shall not be counted and the ballot shall
1618	remain in the envelope containing the Provisional Ballot Voter's
1619	Certificate and Affirmation and the envelope shall be marked
1620	"Rejected as Illegal."
1621	(3)  The Provisional Ballot Voter's Certificate and
1622	Affirmation shall be in substantially the following form:
1623
1624	STATE OF FLORIDA
1625	COUNTY OF _____
1626
1627	I do solemnly swear (or affirm) that my name is _____; that
1628	my date of birth is _____; that I am registered and qualified to
1629	vote and at the time I registered I resided at _____, in the
1630	municipality of _____, in _____ County, Florida; that I am
1631	registered in the _____ Party; that I am a qualified voter of
1632	the county; and that I have not voted in this election. I
1633	understand that if I commit any fraud in connection with voting,
1634	vote a fraudulent ballot, or vote more than once in an election,
1635	I can be convicted of a felony of the third degree and fined up
1636	to $5,000 and/or imprisoned for up to 5 years.
1637	(Signature of Voter)
1638	(Current Residence Address)
1639	(Current Mailing Address)
1640	(City, State, Zip Code)
1641	(Driver's License Number or Last Four Digits of Social
1642	Security Number)
1643
1644	Sworn to and subscribed before me this _____ day of __________,
1645	(year).
1646	(Election Official)
1647
1648	Precinct # _____Ballot Style/Party Issued: _____
1649	(4)  Notwithstanding the requirements of subsections (1)
1650	through (3) In counties where the voting system does not utilize
1651	a paper ballot, the supervisor of elections may, and for persons
1652	with disabilities shall, provide the appropriate provisional
1653	ballot to the voter by electronic means that meet the
1654	requirements of s. 101.56062 as provided for by the certified
1655	voting system. Each person casting a provisional ballot by
1656	electronic means shall, prior to casting his or her ballot,
1657	complete the Provisional Ballot Voter's Certificate and
1658	Affirmation as provided in subsection (3).
1659	(5)  Each person casting a provisional ballot shall be
1660	given written instructions regarding the person's right to
1661	provide the supervisor of elections with written evidence of
1662	their eligibility to vote and the free access system established
1663	pursuant to subsection (6). The instructions shall contain
1664	information on how to access the system and the information the
1665	voter will need to provide to obtain information on his or her
1666	particular ballot. The instructions shall also include the
1667	following statement: "If this is a primary election, you should
1668	contact the supervisor of elections' office immediately to
1669	confirm that you are registered and can vote in the general
1670	election."
1671	(6)  Each supervisor of elections shall establish a free
1672	access system that allows each person who casts a provisional
1673	ballot to determine whether his or her provisional ballot was
1674	counted in the final canvass of votes and, if not, the reasons
1675	why. Information regarding provisional ballots shall be
1676	available no later than 30 days following the election. The
1677	system established must restrict information regarding an
1678	individual ballot to the person who cast the ballot.
1679	Section 25.  Subsection (5) of section 101.049, Florida
1680	Statutes, is amended to read:
1681	101.049  Provisional ballots; special circumstances.--
1682	(5)  As an alternative, provisional ballots cast pursuant
1683	to this section may, and for persons with disabilities shall, be
1684	cast in accordance with the provisions of s. 101.048(4).
1685	Section 26.  Subsection (2) of section 101.051, Florida
1686	Statutes, is amended, subsection (5) is renumbered as subsection
1687	(6), and a new subsection (5) is added to said section, to read:
1688	101.051  Electors seeking assistance in casting ballots;
1689	oath to be executed; forms to be furnished.--
1690	(2)  It is unlawful for any person to be in the voting
1691	booth with any elector except as provided in subsection (1). At
1692	the polling place or early voting site or within 100 feet of the
1693	entrance of such locations, it is unlawful for any person to
1694	solicit any elector in an effort to provide such elector
1695	assistance to vote pursuant to subsection (1). Any person
1696	violating this section commits a felony of the third degree,
1697	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1698	(5)  If an elector needing assistance requests that a
1699	person other than an election official provide him or her
1700	assistance to vote, the clerk or one of the inspectors shall
1701	require the person providing assistance to take the following
1702	oath:
1703
1704	DECLARATION TO PROVIDE ASSISTANCE
1705
1706	State of Florida
1707	County of __________
1708	Date: ______________
1709	Precinct # __________
1710	I, (print name), have been requested by (print name of elector
1711	needing assistance) to provide him or her with assistance to
1712	vote. I swear or affirm that I am not the employer, an agent of
1713	the employer, or an officer or agent of the union of the voter
1714	and that I have not solicited this voter at the polling place or
1715	early voting site or within 100 feet of such locations in an
1716	effort to provide assistance.
1717	Signature of assistor
1718	Sworn and subscribed to before me this  ________ day of
1719	___________, (year).
1720	Signature of Official Administering Oath
1721	(6)(5)  The supervisor of elections shall deliver a
1722	sufficient number of these forms to each precinct, along with
1723	other election paraphernalia.
1724	Section 27.  Section 101.111, Florida Statutes, is amended
1725	to read:
1726	101.111  Person desiring to vote may be challenged;
1727	challenger to execute oath; oath of person challenged;
1728	determination of challenge.--
1729	(1)  When the right to vote of any person who desires to
1730	vote is challenged by any elector or poll watcher, the challenge
1731	shall be reduced to writing with an oath as provided in this
1732	section, giving reasons for the challenge, which shall be
1733	delivered to the clerk or inspector. Any elector or poll watcher
1734	challenging the right of a person to vote shall execute the oath
1735	set forth below:
1736
1737	OATH OF PERSON ENTERING CHALLENGE
1738
1739	State of Florida
1740	County of _____
1741
1742	I do solemnly swear that my name is _____; that I am a member of
1743	the _____ party; that I am a registered voter or poll watcher
1744	_____ years old; that my residence address is _____, in the
1745	municipality of _____; and that I have reason to believe that
1746	_____ is attempting to vote illegally and the reasons for my
1747	belief are set forth herein to wit:
1748	(Signature of person challenging voter)
1749
1750	Sworn and subscribed to before me this _____ day of _____,
1751	(year)  .
1752	(Clerk of election)
1753	(2)  Before a person who is challenged is permitted to
1754	vote, the challenged person's right to vote shall be determined
1755	in accordance with the provisions of subsection (3). The clerk
1756	or inspector shall immediately deliver to the challenged person
1757	a copy of the oath of the person entering the challenge and the
1758	challenged person shall be allowed to cast a provisional ballot.
1759	shall request the challenged person to execute the following
1760	oath:
1761
1762	OATH OF PERSON CHALLENGED
1763
1764	State of Florida
1765	County of _____
1766
1767	I do solemnly swear that my name is _____; that I am a member of
1768	the _____ party; that my date of birth is _____; that my
1769	residence address is _____, in the municipality of _____, in
1770	this the _____ precinct of _____ county; that I personally made
1771	application for registration and signed my name and that I am a
1772	qualified voter in this election.
1773	(Signature of person)
1774
1775	Sworn and subscribed to before me this _____ day of _____,
1776	(year)  .
1777	(Clerk of election or Inspector)
1778
1779	Any inspector or clerk of election may administer the oath.
1780	(3)(a)  Any elector or poll watcher filing a frivolous
1781	challenge of any person's right to vote commits a misdemeanor of
1782	the first degree, punishable as provided in s. 775.082, s.
1783	775.083, or s. 775.084. The clerk and inspectors shall compare
1784	the information in the challenged person's oath with that
1785	entered on the precinct register and shall take any other
1786	evidence that may be offered. The clerk and inspectors shall
1787	then decide by a majority vote whether the challenged person may
1788	vote a regular ballot.
1789	(b)  If the challenged person refuses to complete the oath
1790	or if a majority of the clerk and inspectors doubt the
1791	eligibility of the person to vote, the challenged person shall
1792	be allowed to vote a provisional ballot. The oath of the person
1793	entering the challenge and the oath of the person challenged
1794	shall be attached to the provisional ballot for transmittal to
1795	the canvassing board.
1796	Section 28.  Section 101.131, Florida Statutes, is amended
1797	to read:
1798	101.131  Watchers at polls.--
1799	(1)  Each political party and each candidate may have one
1800	watcher in each polling room or early voting area at any one
1801	time during the election. A political committee, if formed for
1802	the specific purpose of expressly advocating the passage or
1803	defeat of an issue on the ballot, may have one watcher for each
1804	polling room or early voting area at any one time during the
1805	election. No watcher shall be permitted to come closer to the
1806	officials' table or the voting booths than is reasonably
1807	necessary to properly perform his or her functions, but each
1808	shall be allowed within the polling room or early voting area to
1809	watch and observe the conduct of electors and officials. The
1810	watchers shall furnish their own materials and necessities and
1811	shall not obstruct the orderly conduct of any election and shall
1812	pose any questions regarding polling place procedures directly
1813	to the clerk for resolution. Poll watchers shall not interact
1814	with electors. Each watcher shall be a qualified and registered
1815	elector of the county in which he or she serves.
1816	(2)  Each party, each political committee, and each
1817	candidate requesting to have poll watchers shall designate, in
1818	writing, poll watchers for each polling room on election day
1819	precinct prior to noon of the second Tuesday preceding the
1820	election. Designations of poll watchers for early voting areas
1821	shall be submitted to the supervisor no later than 14 days prior
1822	to the beginning of early voting. The poll watchers for each
1823	precinct shall be approved by the supervisor of elections on or
1824	before the Tuesday before the election and the poll watchers for
1825	early voting areas shall be approved on or before the 7th day
1826	prior to the beginning of early voting. The supervisor shall
1827	furnish to each election board precinct a list of the poll
1828	watchers designated and approved for such polling room or early
1829	voting area precinct.
1830	(3)  No candidate or sheriff, deputy sheriff, police
1831	officer, or other law enforcement officer may be designated as a
1832	poll watcher.
1833	Section 29.  Subsection (1) of section 101.151, Florida
1834	Statutes, is amended to read:
1835	101.151  Specifications for ballots.--
1836	(1)  Marksense Paper ballots shall be printed on paper of
1837	such thickness that the printing cannot be distinguished from
1838	the back and shall meet the specifications of the voting system
1839	that will be used to read the ballots.
1840	Section 30.  Section 101.171, Florida Statutes, is amended
1841	to read:
1842	101.171  Copy of constitutional amendment to be available
1843	at polls posted.--Whenever any amendment to the State
1844	Constitution is to be voted upon at any election, the Department
1845	of State shall have printed, and shall furnish to each
1846	supervisor of elections, a sufficient number of copies of the
1847	amendment, either in poster or booklet form, and the supervisor
1848	shall have a copy thereof conspicuously posted or available at
1849	each precinct upon the day of election.
1850	Section 31.  Subsections (4) and (5) of section 101.294,
1851	Florida Statutes, are added to read:
1852	101.294  Purchase and sale of voting equipment.--
1853	(4)  A vendor of voting equipment may not provide an
1854	uncertified voting system, voting system component, or voting
1855	system upgrade to a governing body or supervisor of elections in
1856	this state.
1857	(5)  Before or in conjunction with providing a voting
1858	system, voting system component, or voting system upgrade, the
1859	vendor shall provide the governing body or supervisor of
1860	elections with a sworn certification that the voting system,
1861	voting system component, or voting system upgrade being provided
1862	has been certified by the Division of Elections.
1863	Section 32.  Section 101.295, Florida Statutes, is amended
1864	to read:
1865	101.295  Penalties for violation.--
1866	(1)  Any member of a governing body which purchases or
1867	sells voting equipment in violation of the provisions of ss.
1868	101.292-101.295, which member knowingly votes to purchase or
1869	sell voting equipment in violation of the provisions of ss.
1870	101.292-101.295, is guilty of a misdemeanor of the first degree,
1871	punishable as provided by s. 775.082 or s. 775.083, and shall be
1872	subject to suspension from office on the grounds of malfeasance.
1873	(2)  Any vendor, chief executive officer, or vendor
1874	representative of voting equipment who provides a voting system,
1875	voting system component, or voting system upgrade in violation
1876	of this chapter commits a felony of the third degree, punishable
1877	as provided in s. 775.082, s. 775.083, or s. 775.084.
1878	Section 33.  Section 101.49, Florida Statutes, is amended
1879	to read:
1880	101.49  Procedure of election officers where signatures
1881	differ.--
1882	(1)  Whenever any clerk or inspector, upon a just
1883	comparison of the signatures, doubts that the signature on the
1884	identification presented by the of any elector who presents
1885	himself or herself at the polls to vote is the same as the
1886	signature of the elector affixed on the precinct register or
1887	early voting certificate in the registration book, the clerk or
1888	inspector shall deliver to the person an affidavit which shall
1889	be in substantially the following form:
1890
1891	STATE OF FLORIDA,
1892	COUNTY OF _____.
1893	I do solemnly swear (or affirm) that my name is _____; that
1894	I am _____ years old; that I was born in the State of _____;
1895	that I am registered to vote, and at the time I registered I
1896	resided on _____ Street, in the municipality of _____, County of
1897	_____, State of Florida; that I am a qualified voter of the
1898	county and state aforesaid and have not voted in this election.
1899	(Signature of voter)
1900	Sworn to and subscribed before me this _____ day of _____,
1901	A. D.   (year)  .
1902	(Clerk or inspector of election)
1903	Precinct No. _____.
1904	County of _____.
1905	(2)  The person shall fill out, in his or her own
1906	handwriting or with assistance from a member of the election
1907	board, the form and make an affidavit to the facts stated in the
1908	filled-in form; such affidavit shall then be sworn to and
1909	subscribed before one of the inspectors or clerks of the
1910	election who is authorized to administer the oath. Whenever the
1911	affidavit is made and filed with the clerk or inspector, the
1912	person shall then be admitted to cast his or her vote, but if
1913	the person fails or refuses to make out or file such affidavit
1914	but asserts his or her eligibility, then he or she shall be
1915	entitled to vote a provisional ballot not be permitted to vote.
1916	Section 34.  Subsection (1) of section 101.51, Florida
1917	Statutes, as amended by chapter 2002-281, is amended to read:
1918	101.51  Electors to occupy booth alone.--
1919	(1)  When the elector presents himself or herself to vote,
1920	the election official shall ascertain whether the elector's name
1921	is upon the register of electors, and, if the elector's name
1922	appears and no challenge interposes, or, if interposed, be not
1923	sustained, one of the election officials stationed at the
1924	entrance shall announce the name of the elector and permit him
1925	or her to enter the booth or compartment to cast his or her
1926	vote, allowing only one elector at a time to pass through to
1927	vote. An elector, while casting his or her ballot, may not
1928	occupy a booth or compartment already occupied or speak with
1929	anyone, except as provided by s. 101.051, while in the voting
1930	booth polling place.
1931	Section 35.  Subsection (4) of section 101.5606, Florida
1932	Statutes, is amended to read:
1933	101.5606  Requirements for approval of systems.--No
1934	electronic or electromechanical voting system shall be approved
1935	by the Department of State unless it is so constructed that:
1936	(4)  For systems using marksense paper ballots, it accepts
1937	a rejected ballot pursuant to subsection (3) if a voter chooses
1938	to cast the ballot, but records no vote for any office that has
1939	been overvoted or undervoted.
1940	Section 36.  Subsections (2) and (3) of section 101.5608,
1941	Florida Statutes, are amended to read:
1942	101.5608  Voting by electronic or electromechanical method;
1943	procedures.--
1944	(2)  When an electronic or electromechanical voting system
1945	utilizes a ballot card or marksense paper ballot, the following
1946	procedures shall be followed:
1947	(a)  After receiving a ballot from an inspector, the
1948	elector shall, without leaving the polling place, retire to a
1949	booth or compartment and mark the ballot. After preparing his or
1950	her ballot, the elector shall place the ballot in a secrecy
1951	envelope with the stub exposed or shall fold over that portion
1952	on which write-in votes may be cast, as instructed, so that the
1953	ballot will be deposited in the ballot box without exposing the
1954	voter's choices. Before the ballot is deposited in the ballot
1955	box, the inspector shall detach the exposed stub and place it in
1956	a separate envelope for audit purposes; when a fold-over ballot
1957	is used, the entire ballot shall be placed in the ballot box.
1958	(b)  Any voter who spoils his or her ballot or makes an
1959	error may return the ballot to the election official and secure
1960	another ballot, except that in no case shall a voter be
1961	furnished more than three ballots. If the vote tabulation device
1962	has rejected a ballot, the ballot shall be considered spoiled
1963	and a new ballot shall be provided to the voter unless the voter
1964	chooses to cast the rejected ballot. The election official,
1965	without examining the original ballot, shall state the possible
1966	reasons for the rejection and shall provide instruction to the
1967	voter pursuant to s. 101.5611. A spoiled ballot shall be
1968	preserved, without examination, in an envelope provided for that
1969	purpose. The stub shall be removed from the ballot and placed in
1970	an envelope.
1971	(c)  The supervisor of elections shall prepare for each
1972	polling place at least one ballot box to contain the ballots of
1973	a particular precinct, and each ballot box shall be plainly
1974	marked with the name of the precinct for which it is intended.
1975	(3)  The Department of State shall promulgate rules
1976	regarding voting procedures to be used when an electronic or
1977	electromechanical voting system is of a type which does not
1978	utilize a ballot card or marksense paper ballot.
1979	Section 37.  Subsection (2) of section 101.5612, Florida
1980	Statutes, is amended to read:
1981	101.5612  Testing of tabulating equipment.--
1982	(2)  On any day not more than 10 days prior to the
1983	commencement of early voting as provided in s. 101.657, the
1984	supervisor of elections shall have the automatic tabulating
1985	equipment publicly tested to ascertain that the equipment will
1986	correctly count the votes cast for all offices and on all
1987	measures. If the ballots to be used at the polling place on
1988	election day are not available at the time of the testing, the
1989	supervisor may conduct an additional test not more than 10 days
1990	prior to election day. Public notice of the time and place of
1991	the test shall be given at least 48 hours prior thereto by
1992	publication once in one or more newspapers of general
1993	circulation in the county or, if there is no newspaper of
1994	general circulation in the county, by posting the notice in at
1995	least four conspicuous places in the county. The supervisor or
1996	the municipal elections official may, at the time of qualifying,
1997	give written notice of the time and location of the public
1998	preelection test to each candidate qualifying with that office
1999	and obtain a signed receipt that the notice has been given. The
2000	Department of State shall give written notice to each statewide
2001	candidate at the time of qualifying, or immediately at the end
2002	of qualifying, that the voting equipment will be tested and
2003	advise each candidate to contact the county supervisor of
2004	elections as to the time and location of the public preelection
2005	test. The supervisor or the municipal elections official shall,
2006	at least 15 days prior to the commencement of early voting as
2007	provided in s. 101.657, send written notice by certified mail to
2008	the county party chair of each political party and to all
2009	candidates for other than statewide office whose names appear on
2010	the ballot in the county and who did not receive written
2011	notification from the supervisor or municipal elections official
2012	at the time of qualifying, stating the time and location of the
2013	public preelection test of the automatic tabulating equipment.
2014	The canvassing board shall convene, and each member of the
2015	canvassing board shall certify to the accuracy of the test. For
2016	the test, the canvassing board may designate one member to
2017	represent it. The test shall be open to representatives of the
2018	political parties, the press, and the public. Each political
2019	party may designate one person with expertise in the computer
2020	field who shall be allowed in the central counting room when all
2021	tests are being conducted and when the official votes are being
2022	counted. The designee shall not interfere with the normal
2023	operation of the canvassing board.
2024	Section 38.  Subsection (5) of section 101.5614, Florida
2025	Statutes, is amended to read:
2026	101.5614  Canvass of returns.--
2027	(5)  If any absentee ballot is physically damaged so that
2028	it cannot properly be counted by the automatic tabulating
2029	equipment, a true duplicate copy shall be made of the damaged
2030	ballot in the presence of witnesses and substituted for the
2031	damaged ballot. Likewise, a duplicate ballot shall be made of an
2032	absentee ballot containing an overvoted race or a marked
2033	absentee ballot in which every race is undervoted which shall
2034	include all valid votes as determined by the canvassing board
2035	based on rules adopted by the division pursuant to s.
2036	102.166(4)(5). All duplicate ballots shall be clearly labeled
2037	"duplicate," bear a serial number which shall be recorded on the
2038	defective ballot, and be counted in lieu of the defective
2039	ballot. After a ballot has been duplicated, the defective ballot
2040	shall be placed in an envelope provided for that purpose, and
2041	the duplicate ballot shall be tallied with the other ballots for
2042	that precinct.
2043	Section 39.  Section 101.572, Florida Statutes, is amended
2044	to read:
2045	101.572  Public inspection of ballots.--The official
2046	ballots and ballot cards received from election boards and
2047	removed from absentee ballot mailing envelopes shall be open for
2048	public inspection or examination while in the custody of the
2049	supervisor of elections or the county canvassing board at any
2050	reasonable time, under reasonable conditions; however, no
2051	persons other than the supervisor of elections or his or her
2052	employees or the county canvassing board shall handle any
2053	official ballot or ballot card. If the ballots are being
2054	examined prior to the end of the contest period in s. 102.168,
2055	the supervisor of elections shall make a reasonable effort to
2056	notify all candidates whose names appear on such ballots or
2057	ballot cards by telephone or otherwise of the time and place of
2058	the inspection or examination. All such candidates, or their
2059	representatives, shall be allowed to be present during the
2060	inspection or examination.
2061	Section 40.  Section 101.58, Florida Statutes, is amended
2062	to read:
2063	101.58  Supervising and observing registration and election
2064	processes.--
2065	(1)  The Department of State may, at any time it deems fit;
2066	upon the petition of 5 percent of the registered electors; or
2067	upon the petition of any candidate, county executive committee
2068	chair, state committeeman or committeewoman, or state executive
2069	committee chair, appoint one or more deputies whose duties shall
2070	be to observe and examine the registration and election
2071	processes and the condition, custody, and operation of voting
2072	systems and equipment in any county or municipality. The deputy
2073	shall have access to all registration books and records as well
2074	as any other records or procedures relating to the voting
2075	process. The deputy may supervise preparation of the voting
2076	equipment and procedures for election, and it shall be unlawful
2077	for any person to obstruct the deputy in the performance of his
2078	or her duty. The deputy shall file with the Department of State
2079	a report of his or her findings and observations of the
2080	registration and election processes in the county or
2081	municipality, and a copy of the report shall also be filed with
2082	the clerk of the circuit court of said county. The compensation
2083	of such deputies shall be fixed by the Department of State; and
2084	costs incurred under this section shall be paid from the annual
2085	operating appropriation made to the Department of State.
2086	(2)  Upon the written direction of the Secretary of State,
2087	any employee of the Department of State shall have full access
2088	to all premises, records, equipment, and staff of the supervisor
2089	of elections.
2090	Section 41.  Subsection (1) of section 101.595, Florida
2091	Statutes, is amended to read:
2092	101.595  Analysis and reports of voting problems.--
2093	(1)  No later than December 15 of each general election
2094	year, the supervisor of elections in each county shall report to
2095	the Department of State the total number of overvotes and
2096	undervotes in either the presidential or the gubernatorial race,
2097	whichever is applicable first race appearing on the ballot
2098	pursuant to s. 101.151(2), along with the likely reasons for
2099	such overvotes and undervotes and other information as may be
2100	useful in evaluating the performance of the voting system and
2101	identifying problems with ballot design and instructions which
2102	may have contributed to voter confusion.
2103	Section 42.  Subsection (6) of section 101.6103, Florida
2104	Statutes, is renumbered as subsection (7), and a new subsection
2105	(6) is added to said section, to read:
2106	101.6103  Mail ballot election procedure.--
2107	(6)  The canvassing board may begin the canvassing of mail
2108	ballots at 7 a.m. on the fourth day before the election,
2109	including processing the ballots through the tabulating
2110	equipment. However, results may not be released until after 7
2111	p.m. on election day. Any canvassing board member or election
2112	employee who releases any result prior to 7 p.m. on election day
2113	commits a felony of the third degree, punishable as provided in
2114	s. 775.082, s. 775.083, or s. 775.084.
2115	Section 43.  Subsections (2), (3), and (4) of section
2116	101.62, Florida Statutes, are amended to read:
2117	101.62  Request for absentee ballots.--
2118	(2)  If A request for an absentee ballot to be mailed to an
2119	elector shall be is received no later than 5 p.m. on the 6th day
2120	prior to after the Friday before the election by the supervisor
2121	of elections from an absent elector overseas, the supervisor
2122	shall send a notice to the elector acknowledging receipt of his
2123	or her request and notifying the elector that the ballot will
2124	not be forwarded due to insufficient time for return of the
2125	ballot by the required deadline.
2126	(3)  For each request for an absentee ballot received, the
2127	supervisor shall record the date the request was made, the date
2128	the absentee ballot was delivered to the elector or the
2129	elector's designee or the date the ballot was delivered to the
2130	post office or other carrier mailed, the date the ballot was
2131	received by the supervisor, and such other information he or she
2132	may deem necessary. This information shall be confidential and
2133	exempt from the provisions of s. 119.07(1) and shall be made
2134	available to or reproduced only for the elector requesting the
2135	ballot, a canvassing board, an election official, a political
2136	party or official thereof, a candidate who has filed
2137	qualification papers and is opposed in an upcoming election, and
2138	registered political committees or registered committees of
2139	continuous existence, for political purposes only.
2140	(4)(a)  To each absent qualified elector overseas who has
2141	requested an absentee ballot, the supervisor of elections shall,
2142	not fewer than 35 days before the first primary election, mail
2143	an absentee ballot. Not fewer than 45 days before the second
2144	primary and general election, the supervisor of elections shall
2145	mail an absentee ballot. If the regular absentee ballots are not
2146	available, the supervisor shall mail an advance absentee ballot
2147	to those persons requesting ballots for such elections. The
2148	advance absentee ballot for the second primary shall be the same
2149	as the first primary absentee ballot as to the names of
2150	candidates, except that for any offices where there are only two
2151	candidates, those offices and all political party executive
2152	committee offices shall be omitted. Except as provided in ss.
2153	99.063(4) and 100.371(6), the advance absentee ballot for the
2154	general election shall be as specified in s. 101.151, except
2155	that in the case of candidates of political parties where
2156	nominations were not made in the first primary, the names of the
2157	candidates placing first and second in the first primary
2158	election shall be printed on the advance absentee ballot. The
2159	advance absentee ballot or advance absentee ballot information
2160	booklet shall be of a different color for each election and also
2161	a different color from the absentee ballots for the first
2162	primary, second primary, and general election. The supervisor
2163	shall mail an advance absentee ballot for the second primary and
2164	general election to each qualified absent elector for whom a
2165	request is received until the absentee ballots are printed. The
2166	supervisor shall enclose with the advance second primary
2167	absentee ballot and advance general election absentee ballot an
2168	explanation stating that the absentee ballot for the election
2169	will be mailed as soon as it is printed; and, if both the
2170	advance absentee ballot and the absentee ballot for the election
2171	are returned in time to be counted, only the absentee ballot
2172	will be counted. The Department of State may prescribe by rule
2173	the requirements for preparing and mailing absentee ballots to
2174	absent qualified electors overseas.
2175	(b)  As soon as the remainder of the absentee ballots are
2176	printed, the supervisor shall provide an absentee ballot to each
2177	elector by whom a request for that ballot has been made by one
2178	of the following means:
2179	1.  By nonforwardable, return-if-undeliverable mail to the
2180	elector's current mailing address on file with the supervisor,
2181	unless the elector specifies in the request that:
2182	a.  The elector is absent from the county and does not plan
2183	to return before the day of the election;
2184	b.  The elector is temporarily unable to occupy the
2185	residence because of hurricane, tornado, flood, fire, or other
2186	emergency or natural disaster; or
2187	c.  The elector is in a hospital, assisted-living facility,
2188	nursing home, short-term medical or rehabilitation facility, or
2189	correctional facility,
2190
2191	in which case the supervisor shall mail the ballot by
2192	nonforwardable, return-if-undeliverable mail to any other
2193	address the elector specifies in the request.
2194	2.  By forwardable mail to voters who are entitled to vote
2195	by absentee ballot under the Uniformed and Overseas Citizens
2196	Absentee Voting Act.
2197	3.  By personal delivery to the elector, upon presentation
2198	of the identification required in s. 101.657 until 7 p.m. on the
2199	day of the election.
2200	4.  By delivery to a designee on election day or up to 4
2201	days prior to the day of an election. Any elector may designate
2202	in writing a person to pick up the ballot for the elector;
2203	however, the person designated may not pick up more than two
2204	absentee ballots per election, other than the designee's own
2205	ballot, except that additional ballots may be picked up for
2206	members of the designee's immediate family. For purposes of this
2207	section, "immediate family" means the designee's spouse or the
2208	parent, child, grandparent, or sibling of the designee or of the
2209	designee's spouse. The designee shall provide to the supervisor
2210	the written authorization by the elector and a picture
2211	identification of the designee and must complete an affidavit.
2212	The designee shall state in the affidavit that the designee is
2213	authorized by the elector to pick up that ballot and shall
2214	indicate if the elector is a member of the designee's immediate
2215	family and, if so, the relationship. The department shall
2216	prescribe the form of the affidavit. If the supervisor is
2217	satisfied that the designee is authorized to pick up the ballot
2218	and that the signature of the elector on the written
2219	authorization matches the signature of the elector on file, the
2220	supervisor shall give the ballot to that designee for delivery
2221	to the elector.
2222	Section 44.  Subsection (3) of section 101.64, Florida
2223	Statutes, is added to read:
2224	101.64  Delivery of absentee ballots; envelopes; form.--
2225	(3)  In lieu of the voter's certificate provided in this
2226	section, the supervisor of elections shall provide each person
2227	voting absentee under the Uniformed and Overseas Citizens
2228	Absentee Voting Act with the standard oath prescribed by the
2229	presidential designee.
2230	Section 45.  Subsection (1) of section 101.657, Florida
2231	Statutes, is amended to read:
2232	101.657  Early voting.--
2233	(1)(a)  As a convenience to the voter, the supervisor of
2234	elections shall allow an elector to vote early in the main or
2235	branch office of the supervisor by depositing the voted ballot
2236	in a voting device used by the supervisor to collect or tabulate
2237	ballots. In order for a branch office to be used for early
2238	voting, it shall be a full-service facility of the supervisor
2239	and shall have been designated as such at least 1 year prior to
2240	the election. The supervisor may provide early voting at sites
2241	other than the main or branch office of the supervisor provided
2242	that such sites are located in facilities that adequately
2243	address security of the voting equipment and provide for the
2244	efficient conduct of early voting activities. When selecting an
2245	early voting site, the supervisor shall consider square footage,
2246	parking, and population density of the area serviced designate
2247	any city hall or public library as early voting sites; however,
2248	if so designated, the sites must be geographically located so as
2249	to provide all voters in the county an equal opportunity to cast
2250	a ballot, insofar as is practicable. The results or tabulation
2251	of votes cast during early voting may not be made before the
2252	close of the polls on election day. Results shall be reported by
2253	precinct.
2254	(b)  The supervisor shall designate each early voting site
2255	by no later than the 30th day prior to an election and shall
2256	designate an early voting area, as defined in s. 97.021, at each
2257	early voting site. Designation of early voting sites may not be
2258	changed except by petition to the division, which petition shall
2259	only be granted for reasons of a natural or unavoidable event
2260	resulting in the unavailability of such early voting site.
2261	(c)  All early voting sites in a county shall be open on
2262	the same days for the same amount of time and shall allow any
2263	person in line at the closing of an early voting site to vote.
2264	(d)(b)  Early voting shall begin on the 15th day before an
2265	election and end on the 2nd day before an election. For purposes
2266	of a special election held pursuant to s. 100.101, early voting
2267	shall begin on the 8th day before an election and end on the 2nd
2268	day before an election. Early voting shall be provided for at
2269	least 8 hours per weekday during the applicable periods. Early
2270	voting shall also be provided on for 8 hours in the aggregate
2271	for each weekend during the applicable periods.
2272	(e)  Notwithstanding the requirements of s. 100.3605,
2273	municipalities may provide early voting in municipal elections
2274	that are not held in conjunction with county or state elections.
2275	If a municipality provides early voting, it may designate as
2276	many sites as necessary and shall conduct its activities in
2277	accordance with the provisions of paragraphs (a)-(c). The
2278	supervisor is not required to conduct early voting if it is
2279	provided pursuant to this subsection.
2280	(f)  Notwithstanding the requirements of s. 189.405,
2281	special districts may provide early voting in any district
2282	election not held in conjunction with county or state elections.
2283	If a special district provides early voting, it may designate as
2284	many sites as necessary and shall conduct its activities in
2285	accordance with the provisions of paragraphs (a)-(c). The
2286	supervisor is not required to conduct early voting if it is
2287	provided pursuant to this subsection.
2288	Section 46.  Subsection (2) section 101.663, Florida
2289	Statutes, is amended to read:
2290	101.663  Electors; change of residence.--
2291	(2)  An elector registered in this state who moves his or
2292	her permanent residence to another state after the registration
2293	books in that state have closed and who is prohibited by the
2294	laws of that state from voting for the offices of President and
2295	Vice President of the United States shall be permitted to vote
2296	absentee in the county of his or her former residence for the
2297	those offices of President and Vice President.
2298	Section 47.  Subsection (1) of section 101.68, Florida
2299	Statutes, is amended to read:
2300	101.68  Canvassing of absentee ballot.--
2301	(1)  The supervisor of the county where the absent elector
2302	resides shall receive the voted ballot, at which time the
2303	supervisor shall compare the signature of the elector on the
2304	voter's certificate with the signature of the elector in the
2305	registration books to determine whether the elector is duly
2306	registered in the county and may record on the elector's
2307	registration certificate that the elector has voted. The
2308	supervisor shall safely keep the ballot unopened in his or her
2309	office until the county canvassing board canvasses the vote.
2310	Once an absentee ballot has been received by the supervisor, the
2311	ballot is deemed to have been cast and no changes or additions
2312	shall be made to the Voter's Certificate.
2313	Section 48.  Section 101.69, Florida Statutes, is amended
2314	to read:
2315	101.69  Voting in person; return of absentee ballot.--The
2316	provisions of this code shall not be construed to prohibit any
2317	elector from voting in person at the elector's precinct on the
2318	day of an election or at an early voting site notwithstanding
2319	that the elector has requested an absentee ballot for that
2320	election. However, an elector who has returned a voted absentee
2321	ballot to the supervisor is deemed to have cast his or her
2322	ballot and shall not be entitled to vote another ballot or have
2323	a provisional ballot counted by the county canvassing board. An
2324	elector who has received an absentee ballot and who has not
2325	returned the voted ballot to the supervisor, but desires to vote
2326	in person, shall return the ballot, whether voted or not, to the
2327	election board in the elector's precinct or to an early voting
2328	site. The returned ballot shall be marked "canceled" by the
2329	board and placed with other canceled ballots. However, if the
2330	elector does not return the ballot and the election official:
2331	(1)  Confirms that the supervisor has received the
2332	elector's absentee ballot, the elector shall not be allowed to
2333	vote in person. If the elector maintains that he or she has not
2334	returned the absentee ballot or remains eligible to vote, the
2335	elector shall be provided a provisional ballot as provided in s.
2336	101.048.
2337	(2)  Confirms that the supervisor has not received the
2338	elector's absentee ballot, the elector shall be allowed to vote
2339	in person as provided in this code. The elector's absentee
2340	ballot, if subsequently received, shall not be counted and shall
2341	remain in the mailing envelope, and the envelope shall be marked
2342	"Rejected as Illegal."
2343	(3)  Cannot determine whether the supervisor has received
2344	the elector's absentee ballot, the elector may vote a
2345	provisional ballot as provided in s. 101.048.
2346	Section 49.  Subsection (2) of section 101.6923, Florida
2347	Statutes, is amended to read:
2348	101.6923  Special absentee ballot instructions for certain
2349	first-time voters.--
2350	(2)  A voter covered by this section shall be provided with
2351	the following printed instructions with his or her absentee
2352	ballot in substantially the following form:
2353
2354
2355	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
2356	FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
2357	TO COUNT.
2358
2359	1.  In order to ensure that your absentee ballot will be
2360	counted, it should be completed and returned as soon as possible
2361	so that it can reach the supervisor of elections of the county
2362	in which your precinct is located no later than 7 p.m. on the
2363	date of the election.
2364	2.  Mark your ballot in secret as instructed on the ballot.
2365	You must mark your own ballot unless you are unable to do so
2366	because of blindness, disability, or inability to read or write.
2367	3.  Mark only the number of candidates or issue choices for
2368	a race as indicated on the ballot. If you are allowed to "Vote
2369	for One" candidate and you vote for more than one, your vote in
2370	that race will not be counted.
2371	4.  Place your marked ballot in the enclosed secrecy
2372	envelope and seal the envelope.
2373	5.  Insert the secrecy envelope into the enclosed envelope
2374	bearing the Voter's Certificate. Seal the envelope and
2375	completely fill out the Voter's Certificate on the back of the
2376	envelope.
2377	a.  You must sign your name on the line above (Voter's
2378	Signature).
2379	b.  If you are an overseas voter, you must include the date
2380	you signed the Voter's Certificate on the line above (Date) or
2381	your ballot may not be counted.
2382	6.  Unless you meet one of the exemptions in Item 7., you
2383	must make a copy of one of the following forms of
2384	identification:
2385	a.  Identification which must include your name and
2386	photograph: current and valid Florida driver's license; Florida
2387	identification card issued by the Department of Highway Safety
2388	and Motor Vehicles; United States passport; employee badge or
2389	identification; buyer's club identification card; debit or
2390	credit card; military identification; student identification;
2391	retirement center identification; neighborhood association
2392	identification; entertainment identification; or public
2393	assistance identification; or
2394	b.  Identification which shows your name and current
2395	residence address: current utility bill, bank statement,
2396	government check, paycheck, or government document (excluding
2397	voter identification card).
2398	7.  The identification requirements of Item 6. do not apply
2399	if you meet one of the following requirements:
2400	a.  You are 65 years of age or older.
2401	b.  You have a temporary or permanent physical disability.
2402	c.  You are a member of a uniformed service on active duty
2403	who, by reason of such active duty, will be absent from the
2404	county on election day.
2405	d.  You are a member of the Merchant Marine who, by reason
2406	of service in the Merchant Marine, will be absent from the
2407	county on election day.
2408	e.  You are the spouse or dependent of a member referred to
2409	in paragraph c. or paragraph d. who, by reason of the active
2410	duty or service of the member, will be absent from the county on
2411	election day.
2412	f.  You are currently residing outside the United States.
2413	8.  Place the envelope bearing the Voter's Certificate into
2414	the mailing envelope addressed to the supervisor. Insert a copy
2415	of your identification in the mailing envelope. DO NOT PUT YOUR
2416	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2417	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2418	BALLOT WILL NOT COUNT.
2419	9.  Mail, deliver, or have delivered the completed mailing
2420	envelope. Be sure there is sufficient postage if mailed.
2421	10.  FELONY NOTICE. It is a felony under Florida law to
2422	accept any gift, payment, or gratuity in exchange for your vote
2423	for a candidate. It is also a felony under Florida law to vote
2424	in an election using a false identity or false address, or under
2425	any other circumstances making your ballot false or fraudulent.
2426	Section 50.  Subsection (3) of section 101.694, Florida
2427	Statutes, is amended to read:
2428	101.694  Mailing of ballots upon receipt of federal
2429	postcard application.--
2430	(3)  Absentee envelopes printed for voters entitled to vote
2431	absentee under the Uniformed and Overseas Citizens Absentee
2432	Voting Act shall meet the specifications as determined by the
2433	Federal Voting Assistance Program of the United States
2434	Department of Defense and the United States Postal Service.
2435	There shall be printed across the face of each envelope in which
2436	a ballot is sent to a federal postcard applicant, or is returned
2437	by such applicant to the supervisor, two parallel horizontal red
2438	bars, each one-quarter inch wide, extending from one side of the
2439	envelope to the other side, with an intervening space of one-
2440	quarter inch, the top bar to be 11/4 inches from the top of the
2441	envelope, and with the words "Official Election Balloting
2442	Material-via Air Mail," or similar language, between the bars.
2443	There shall be printed in the upper right corner of each such
2444	envelope, in a box, the words "Free of U. S. Postage, including
2445	Air Mail." All printing on the face of each envelope shall be in
2446	red, and there shall be printed in red in the upper left corner
2447	of each ballot envelope an appropriate inscription or blanks for
2448	return address of sender. Additional specifications may be
2449	prescribed by rule of the Division of Elections upon
2450	recommendation of the presidential designee under the Uniformed
2451	and Overseas Citizens Absentee Voting Act. Otherwise, the
2452	envelopes shall be the same as those used in sending ballots to,
2453	or receiving them from, other absentee voters.
2454	Section 51.  Section 101.697, Florida Statutes, is amended
2455	to read:
2456	101.697  Electronic transmission of election
2457	materials.--The Department of State shall adopt rules to
2458	authorize a supervisor of elections to accept a request for an
2459	absentee ballot and a voted absentee ballot by facsimile machine
2460	or other electronic means from overseas voters if the department
2461	can be assured that the security of the transmission of the
2462	ballot is able to be established. The rules must provide that in
2463	order to accept a voted ballot, the verification of the voter
2464	must be established, the security of the transmission must be
2465	established, and each ballot received must be recorded.
2466	Section 52.  Section 102.012, Florida Statutes, is amended
2467	to read:
2468	102.012  Inspectors and clerks to conduct elections.--
2469	(1)  The supervisor of elections of each county, at least
2470	20 days prior to the holding of any election, shall appoint an
2471	two election board comprised of poll workers who serve as clerks
2472	or inspectors boards for each precinct in the county; however,
2473	the supervisor of elections may, in any election, appoint one
2474	election board if the supervisor has reason to believe that only
2475	one is necessary. The clerk shall be in charge of, and
2476	responsible for, seeing that the election board carries out its
2477	duties and responsibilities. Each inspector and each clerk shall
2478	take and subscribe to an oath or affirmation, which shall be
2479	written or printed, to the effect that he or she will perform
2480	the duties of inspector or clerk of election, respectively,
2481	according to law and will endeavor to prevent all fraud, deceit,
2482	or abuse in conducting the election. The oath may be taken
2483	before an officer authorized to administer oaths or before any
2484	of the persons who are to act as inspectors, one of them to
2485	swear the others, and one of the others sworn thus, in turn, to
2486	administer the oath to the one who has not been sworn. The oaths
2487	shall be returned with the poll list and the returns of the
2488	election to the supervisor. In all questions that may arise
2489	before the members of an election board, the decision of a
2490	majority of them shall decide the question. The supervisor of
2491	elections of each county shall be responsible for the attendance
2492	and diligent performance of his or her duties by each clerk and
2493	inspector.
2494	(2)  Each member of the election board shall be able to
2495	read and write the English language and shall be a registered
2496	qualified elector of the county in which the member is appointed
2497	or a person who has preregistered to vote, pursuant to s.
2498	97.041(1)(b), in the county in which the member is appointed. No
2499	election board shall be composed solely of members of one
2500	political party; however, in any primary in which only one party
2501	has candidates appearing on the ballot, all clerks and
2502	inspectors may be of that party. Any person whose name appears
2503	as an opposed candidate for any office shall not be eligible to
2504	serve on an election board.
2505	(3)  The supervisor shall furnish inspectors of election
2506	for each precinct with the list of registered voters for the
2507	precinct registration books divided alphabetically as will best
2508	facilitate the holding of an election. The supervisor shall also
2509	furnish to the inspectors of election at the polling place at
2510	each precinct in the supervisor's county a sufficient number of
2511	forms and blanks for use on election day.
2512	(4)(a)  The election board of each precinct shall attend
2513	the polling place by 6 a.m. of the day of the election and shall
2514	arrange the furniture, stationery, and voting equipment.
2515	(b)  The An election board shall conduct the voting,
2516	beginning and closing at the time set forth in s. 100.011. If
2517	more than one board has been appointed, the second board shall,
2518	upon the closing of the polls, come on duty and count the votes
2519	cast. In such case, the first board shall turn over to the
2520	second board all closed ballot boxes, registration books, and
2521	other records of the election at the time the boards change. The
2522	second board shall continue counting until the count is complete
2523	or until 7 a.m. the next morning, and, if the count is not
2524	completed at that time, the first board that conducted the
2525	election shall again report for duty and complete the count. The
2526	second board shall turn over to the first board all ballots
2527	counted, all ballots not counted, and all registration books and
2528	other records and shall advise the first board as to what has
2529	transpired in tabulating the results of the election.
2530	(5)  In precincts in which there are more than 1,000
2531	registered electors, the supervisor of elections shall appoint
2532	additional election boards necessary for the election.
2533	(6)  In any precinct in which there are fewer than 300
2534	registered electors, it is not necessary to appoint two election
2535	boards, but one such board will suffice. Such board shall be
2536	composed of at least one inspector and one clerk.
2537	Section 53.  Section 102.014, Florida Statutes, is amended
2538	to read:
2539	102.014  Poll worker recruitment and training.--
2540	(1)  The supervisor of elections shall conduct training for
2541	inspectors, clerks, and deputy sheriffs prior to each primary,
2542	general, and special election for the purpose of instructing
2543	such persons in their duties and responsibilities as election
2544	officials. The Division of Elections shall develop a statewide
2545	uniform training curriculum for poll workers, and each
2546	supervisor shall use such curriculum in their poll worker
2547	training. A certificate may be issued by the supervisor of
2548	elections to each person completing such training. No person
2549	shall serve as an inspector, clerk, or deputy sheriff for an
2550	election unless such person has completed the training as
2551	required. A clerk may not work at the polls unless he or she
2552	demonstrates a working knowledge of the laws and procedures
2553	relating to voter registration, voting system operation,
2554	balloting and polling place procedures, and problem-solving and
2555	conflict-resolution skills.
2556	(2)  A person who has attended previous training conducted
2557	within 2 years before the election may be appointed by the
2558	supervisor to fill a vacancy on an election board day. If no
2559	person with prior training is available to fill such vacancy,
2560	the supervisor of elections may fill such vacancy in accordance
2561	with the provisions of subsection (3) from among persons who
2562	have not received the training required by this section.
2563	(3)  In the case of absence or refusal to act on the part
2564	of any inspector or clerk at any precinct on the day of an
2565	election, the supervisor shall appoint a replacement who meets
2566	the qualifications prescribed in s. 102.012(2). The inspector or
2567	clerk so appointed shall be a member of the same political party
2568	as the clerk or inspector whom he or she replaces.
2569	(4)  Each supervisor of elections shall be responsible for
2570	training inspectors and clerks, subject to the following minimum
2571	requirements:
2572	(a)  No clerk shall be entitled to work at the polls unless
2573	he or she has had a minimum of 3 hours of training prior to each
2574	election.
2575	(b)  No inspector shall work at the polls unless he or she
2576	has had a minimum of 2 hours of training prior to each election.
2577	(c)  For the purposes of this subsection, the first and
2578	second primary elections shall be considered one election.
2579	(5)  The Department of State shall create a uniform polling
2580	place procedures manual and adopt the manual by rule. Each
2581	supervisor of elections shall ensure that the manual is
2582	available in hard copy or electronic form in every polling place
2583	precinct in the supervisor's jurisdiction on election day. The
2584	manual shall guide inspectors, clerks, and deputy sheriffs in
2585	the proper implementation of election procedures and laws. The
2586	manual shall be indexed by subject, and written in plain, clear,
2587	unambiguous language. The manual shall provide specific examples
2588	of common problems encountered at the polls on election day, and
2589	detail specific procedures for resolving those problems. The
2590	manual shall include, without limitation:
2591	(a)  Regulations governing solicitation by individuals and
2592	groups at the polling place;
2593	(b)  Procedures to be followed with respect to voters whose
2594	names are not on the precinct register;
2595	(c)  Proper operation of the voting system;
2596	(d)  Ballot handling procedures;
2597	(e)  Procedures governing spoiled ballots;
2598	(f)  Procedures to be followed after the polls close;
2599	(g)  Rights of voters at the polls;
2600	(h)  Procedures for handling emergency situations;
2601	(i)  Procedures for dealing with irate voters;
2602	(j)  The handling and processing of provisional ballots;
2603	and
2604	(k)  Security procedures.
2605
2606	The Department of State shall revise the manual as necessary to
2607	address new procedures in law or problems encountered by voters
2608	and poll workers at the precincts.
2609	(6)  Supervisors of elections shall work with the business
2610	and local community to develop public-private programs to ensure
2611	the recruitment of skilled inspectors and clerks.
2612	(7)  The Department of State shall develop a mandatory,
2613	statewide, and uniform program for training poll workers on
2614	issues of etiquette and sensitivity with respect to voters
2615	having a disability. The program must consist of approximately 1
2616	hour of the required number of hours set forth in paragraph
2617	(4)(a). The program must be conducted locally by each supervisor
2618	of elections, who shall periodically certify to the Department
2619	of State whether each poll worker has completed the program. The
2620	supervisor of elections shall contract with a recognized
2621	disability-related organization, such as a center for
2622	independent living, family network on disabilities, deaf service
2623	bureau, or other such organization, to develop and assist with
2624	training the trainers in the disability sensitivity programs.
2625	The program must include actual demonstrations of obstacles
2626	confronted by disabled persons during the voting process,
2627	including obtaining access to the polling place, traveling
2628	through the polling area, and using the voting system.
2629	Section 54.  Section 102.031, Florida Statutes, is amended
2630	to read:
2631	102.031  Maintenance of good order at polls; authorities;
2632	persons allowed in polling rooms and early voting areas;
2633	unlawful solicitation of voters.--
2634	(1)  Each election board shall possess full authority to
2635	maintain order at the polls and enforce obedience to its lawful
2636	commands during an election and the canvass of the votes.
2637	(2)  The sheriff shall deputize a deputy sheriff for each
2638	polling place and each early voting site who shall be present
2639	during the time the polls or early voting site are open and
2640	until the election is completed, who shall be subject to all
2641	lawful commands of the clerk or inspectors, and who shall
2642	maintain good order. The deputy may summon assistance from among
2643	bystanders to aid him or her when necessary to maintain peace
2644	and order at the polls or early voting sites.
2645	(3)(a)  No person may enter any polling room or polling
2646	place where the polling place is also a polling room or any
2647	early voting area, during voting hours except the following:
2648	1.  Official poll watchers;
2649	2.  Inspectors;
2650	3.  Election clerks;
2651	4.  The supervisor of elections or his or her deputy;
2652	5.  Persons there to vote, persons in the care of a voter,
2653	or persons caring for such voter;
2654	6.  Law enforcement officers or emergency service personnel
2655	there with permission of the clerk or a majority of the
2656	inspectors; or
2657	7.  A person, whether or not a registered voter, who is
2658	assisting with or participating in a simulated election for
2659	minors, as approved by the supervisor of elections.
2660
2661	No person may bring a camera into the polling room or early
2662	voting area.
2663	(b)  The restriction in paragraph (a) this subsection does
2664	not apply where the polling room is in an area commonly
2665	traversed by the public in order to gain access to businesses or
2666	homes or in an area traditionally utilized as a public area for
2667	discussion.
2668	(4)(a)(c)  No person, political committee, committee of
2669	continuous existence, or other group or organization may solicit
2670	voters inside the polling place or within 100 50 feet of the
2671	entrance to any polling place, or polling room where the polling
2672	place is also a polling room, or early voting site. Before the
2673	opening of the polling place or early voting site, the clerk or
2674	supervisor shall designate the no solicitation zone and mark the
2675	boundaries on the day of any election.
2676	1.  Solicitation shall not be restricted if:
2677	a.  Conducted from a separately marked area within the 50-
2678	foot zone so as not to disturb, hinder, impede, obstruct, or
2679	interfere with voter access to the polling place or polling room
2680	entrance; and
2681	b.  The solicitation activities and subject matter are
2682	clearly and easily identifiable by the voters as an activity in
2683	which they may voluntarily participate; or
2684	c.  Conducted on property within the 50-foot zone which is
2685	a residence, established business, private property, sidewalk,
2686	park, or property traditionally utilized as a public area for
2687	discussion.
2688	2.  Solicitation shall not be permitted within the 50-foot
2689	zone on a public sidewalk or other similar means of access to
2690	the polling room if it is clearly identifiable to the poll
2691	workers that the solicitation is impeding, obstructing, or
2692	interfering with voter access to the polling room or polling
2693	place.
2694	(b)(d)  For the purpose of this subsection, the term
2695	"solicit" shall include, but not be limited to, seeking or
2696	attempting to seek any vote, fact, opinion, or contribution;
2697	distributing or attempting to distribute any political or
2698	campaign material, leaflet, or handout; conducting a poll;
2699	seeking or attempting to seek a signature on any petition; and
2700	selling or attempting to sell any item.
2701	(5)(e)  Each supervisor of elections shall inform the clerk
2702	of each precinct of the area within which soliciting is
2703	unlawful, based on the particular characteristics of that
2704	polling place. The supervisor or the clerk may take any
2705	reasonable action necessary to ensure order at the polling
2706	places including, but not limited to, which shall include:
2707	1.  Designating a specific area for soliciting pursuant to
2708	paragraph (c) of this subsection, or
2709	2.  having disruptive and unruly persons removed by law
2710	enforcement officers from the polling room or place or from the
2711	100-foot 50-foot zone surrounding the polling place.
2712	Section 55.  Section 102.071, Florida Statutes, is amended
2713	to read:
2714	102.071  Tabulation of votes and proclamation of results
2715	where ballots are used.--The election board shall post at the
2716	polls, for the benefit of the public, the results of the voting
2717	for each office or other item on the ballot as the count is
2718	completed. Upon completion of all counts in all races, a
2719	certificate triplicate certificates of the results shall be
2720	drawn up by the inspectors and clerk at each precinct upon a
2721	form provided by the supervisor of elections which shall contain
2722	the name of each person voted for, for each office, and the
2723	number of votes cast for each person for such office; and, if
2724	any question is submitted, the certificate shall also contain
2725	the number of votes cast for and against the question. The
2726	certificate shall be signed by the inspectors and clerk, and one
2727	of the certificates shall be delivered without delay by one of
2728	the inspectors, securely sealed, to the supervisor for immediate
2729	publication; the duplicate copy of the certificate shall be
2730	delivered to the county court judge; and the remaining copy
2731	shall be enclosed in the ballot box together with the oaths of
2732	inspectors and clerks. All the ballot boxes, ballots, ballot
2733	stubs, memoranda, and papers of all kinds used in the election
2734	shall also be transmitted, after being sealed by the inspectors,
2735	to with the certificates of result of the election to be filed
2736	in the supervisor's office. Registration books and the poll
2737	lists shall not be placed in the ballot boxes but shall be
2738	returned to the supervisor.
2739	Section 56.  Subsection (1) of section 102.111, Florida
2740	Statutes, is amended to read:
2741	102.111  Elections Canvassing Commission.--
2742	(1)  The Elections Canvassing Commission shall consist of
2743	the Governor and two members of the Cabinet selected by the
2744	Governor. If a member of the Elections Canvassing Commission is
2745	unable to serve for any reason, the Governor shall appoint a
2746	remaining member of the Cabinet. If there is a further vacancy,
2747	the remaining members of the commission shall agree on another
2748	elected official to fill the vacancy. The Elections Canvassing
2749	Commission shall, as soon as the official results are compiled
2750	from all counties, certify the returns of the election and
2751	determine and declare who has been elected for each federal,
2752	state, and multicounty office. If within 5 days of the
2753	certification by the Elections Canvassing Commission, a county
2754	determines that a typographical error occurred in the official
2755	returns of the county, the correction of which would result in a
2756	change in the outcome of any election certified by the Elections
2757	Canvassing Commission, the county must submit corrected returns
2758	within 24 hours and the Elections Canvassing Commission shall as
2759	soon as practicable correct and recertify the election returns.
2760	Section 57.  Subsections (1) and (2) of section 102.112,
2761	Florida Statutes, are amended to read:
2762	102.112  Deadline for submission of county returns to the
2763	Department of State.--
2764	(1)  The county canvassing board or a majority thereof
2765	shall file the county returns for the election of a federal or
2766	state officer with the Department of State immediately after
2767	certification of the election results. The returns must contain
2768	a certification by the canvassing board that the board has
2769	reconciled the number of persons who voted with the number of
2770	ballots counted and that the certification includes all valid
2771	votes cast in the election.
2772	(2)  Returns must be filed by 5 p.m. on the 7th day
2773	following a primary election and by 5 p.m. on the 11th day
2774	following the general election provided, however, that the
2775	Department of State shall have the authority to correct
2776	typographical errors, including the transposition of numbers, in
2777	any returns submitted to the Department of State pursuant to s.
2778	102.111(1).
2779	Section 58.  Section 102.141, Florida Statutes, is amended
2780	to read:
2781	102.141  County canvassing board; duties.--
2782	(1)  The county canvassing board shall be composed of the
2783	supervisor of elections; a county court judge, who shall act as
2784	chair; and the chair of the board of county commissioners. In
2785	the event any member of the county canvassing board is unable to
2786	serve, is a candidate who has opposition in the election being
2787	canvassed, or is an active participant in the campaign or
2788	candidacy of any candidate who has opposition in the election
2789	being canvassed, such member shall be replaced as follows:
2790	(a)  If no county court judge is able to serve or if all
2791	are disqualified, the chief judge of the judicial circuit in
2792	which the county is located shall appoint as a substitute member
2793	a qualified elector of the county who is not a candidate with
2794	opposition in the election being canvassed and who is not an
2795	active participant in the campaign or candidacy of any candidate
2796	with opposition in the election being canvassed. In such event,
2797	the members of the county canvassing board shall meet and elect
2798	a chair.
2799	(b)  If the supervisor of elections is unable to serve or
2800	is disqualified, the chair of the board of county commissioners
2801	shall appoint as a substitute member a member of the board of
2802	county commissioners who is not a candidate with opposition in
2803	the election being canvassed and who is not an active
2804	participant in the campaign or candidacy of any candidate with
2805	opposition in the election being canvassed. The supervisor,
2806	however, shall act in an advisory capacity to the canvassing
2807	board.
2808	(c)  If the chair of the board of county commissioners is
2809	unable to serve or is disqualified, the board of county
2810	commissioners shall appoint as a substitute member one of its
2811	members who is not a candidate with opposition in the election
2812	being canvassed and who is not an active participant in the
2813	campaign or candidacy of any candidate with opposition in the
2814	election being canvassed.
2815	(d)  If a substitute member cannot be appointed as provided
2816	elsewhere in this subsection, the chief judge of the judicial
2817	circuit in which the county is located shall appoint as a
2818	substitute member a qualified elector of the county who is not a
2819	candidate with opposition in the election being canvassed and
2820	who is not an active participant in the campaign or candidacy of
2821	any candidate with opposition in the election being canvassed.
2822	(2)  The county canvassing board shall meet in a building
2823	accessible to the public in the county where the election
2824	occurred at a time and place to be designated by the supervisor
2825	of elections to publicly canvass the absentee electors' ballots
2826	as provided for in s. 101.68 and provisional ballots as provided
2827	by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
2828	pursuant to s. 101.049 shall be canvassed in a manner that votes
2829	for candidates and issues on those ballots can be segregated
2830	from other votes. Public notice of the time and place at which
2831	the county canvassing board shall meet to canvass the absentee
2832	electors' ballots and provisional ballots shall be given at
2833	least 48 hours prior thereto by publication once in one or more
2834	newspapers of general circulation in the county or, if there is
2835	no newspaper of general circulation in the county, by posting
2836	such notice in at least four conspicuous places in the county.
2837	As soon as the absentee electors' ballots and the provisional
2838	ballots are canvassed, the board shall proceed to publicly
2839	canvass the vote given each candidate, nominee, constitutional
2840	amendment, or other measure submitted to the electorate of the
2841	county, as shown by the returns then on file in the office of
2842	the supervisor of elections and the office of the county court
2843	judge.
2844	(3)  The canvass, except the canvass of absentee electors'
2845	returns and the canvass of provisional ballots, shall be made
2846	from the returns and certificates of the inspectors as signed
2847	and filed by them with the county court judge and supervisor,
2848	respectively, and the county canvassing board shall not change
2849	the number of votes cast for a candidate, nominee,
2850	constitutional amendment, or other measure submitted to the
2851	electorate of the county, respectively, in any polling place, as
2852	shown by the returns. All returns shall be made to the board on
2853	or before 2 a.m. of the day following any primary, general,
2854	special, or other election. If the returns from any precinct are
2855	missing, if there are any omissions on the returns from any
2856	precinct, or if there is an obvious error on any such returns,
2857	the canvassing board shall order a retabulation recount of the
2858	returns from such precinct. Before canvassing such returns, the
2859	canvassing board shall examine the tabulation of the ballots
2860	cast in such precinct and determine whether the returns
2861	correctly reflect the votes cast. If there is a discrepancy
2862	between the returns and the tabulation of the ballots cast, the
2863	tabulation of the ballots cast shall be presumed correct and
2864	such votes shall be canvassed accordingly.
2865	(4)  The canvassing board shall submit unofficial returns
2866	on forms or in formats provided by the division to the
2867	Department of State for each federal, statewide, state, or
2868	multicounty office or ballot measure no later than noon on the
2869	third second day after any primary election and no later than
2870	noon on the fifth day after any, general, special, or other
2871	election. Such returns shall include the canvass of all ballots
2872	as required by subsection (2), except for provisional ballots,
2873	which returns shall be reported at the time required for
2874	official returns pursuant to s. 102.112(2).
2875	(5)  If the county canvassing board determines that the
2876	unofficial returns may contain a counting error in which the
2877	vote tabulation system failed to count votes that were properly
2878	marked in accordance with the instructions on the ballot, the
2879	county canvassing board shall:
2880	(a)  Correct the error and retabulate recount the affected
2881	ballots with the vote tabulation system; or
2882	(b)  Request that the Department of State verify the
2883	tabulation software. When the Department of State verifies such
2884	software, the department shall compare the software used to
2885	tabulate the votes with the software filed with the department
2886	pursuant to s. 101.5607 and check the election parameters.
2887	(6)  If the unofficial returns reflect that a candidate for
2888	any office was defeated or eliminated by one-half of a percent
2889	or less of the votes cast for such office, that a candidate for
2890	retention to a judicial office was retained or not retained by
2891	one-half of a percent or less of the votes cast on the question
2892	of retention, or that a measure appearing on the ballot was
2893	approved or rejected by one-half of a percent or less of the
2894	votes cast on such measure, the board responsible for certifying
2895	the results of the vote on such race or measure shall order a
2896	recount of the votes cast with respect to such office or
2897	measure. The county canvassing board is the board responsible
2898	for ordering county and local recounts. The Elections Canvassing
2899	Commission is the board responsible for ordering federal, state,
2900	and multicounty recounts. A recount need not be ordered with
2901	respect to the returns for any office, however, if the candidate
2902	or candidates defeated or eliminated from contention for such
2903	office by one-half of a percent or less of the votes cast for
2904	such office request in writing that a recount not be made.
2905	(a)  In counties with voting systems that use paper
2906	ballots, Each canvassing board responsible for conducting a
2907	recount shall put each marksense ballot through automatic
2908	tabulating equipment and determine whether the returns correctly
2909	reflect the votes cast. If any marksense paper ballot is
2910	physically damaged so that it cannot be properly counted by the
2911	automatic tabulating equipment during the recount, a true
2912	duplicate shall be made of the damaged ballot pursuant to the
2913	procedures in s. 101.5614(5). Immediately before the start of
2914	the recount and after completion of the count, a test of the
2915	tabulating equipment shall be conducted as provided in s.
2916	101.5612. If the test indicates no error, the recount tabulation
2917	of the ballots cast shall be presumed correct and such votes
2918	shall be canvassed accordingly. If an error is detected, the
2919	cause therefor shall be ascertained and corrected and the
2920	recount repeated, as necessary. The canvassing board shall
2921	immediately report the error, along with the cause of the error
2922	and the corrective measures being taken, to the Department of
2923	State. No later than 11 days after the election, the canvassing
2924	board shall file a separate incident report with the Department
2925	of State, detailing the resolution of the matter and identifying
2926	any measures that will avoid a future recurrence of the error.
2927	(b)  In counties with voting systems that do not use paper
2928	ballots, Each canvassing board responsible for conducting a
2929	recount where touchscreen ballots were used shall examine the
2930	counters on the precinct tabulators to ensure that the total of
2931	the returns on the precinct tabulators equals the overall
2932	election return. If there is a discrepancy between the overall
2933	election return and the counters of the precinct tabulators, the
2934	counters of the precinct tabulators shall be presumed correct
2935	and such votes shall be canvassed accordingly.
2936	(c)  The canvassing board shall submit a second set of
2937	unofficial returns on forms or in formats provided by the
2938	division to the Department of State for each federal, statewide,
2939	state, or multicounty office or ballot measure no later than 3
2940	p.m. noon on the fifth third day after any primary election and
2941	no later than 3 p.m. on the 8th day after any general election
2942	in which a recount was conducted pursuant to this subsection. If
2943	the canvassing board is unable to complete the recount
2944	prescribed in this subsection by the deadline, the second set of
2945	unofficial returns submitted by the canvassing board shall be
2946	identical to the initial unofficial returns and the submission
2947	shall also include a detailed explanation of why it was unable
2948	to timely complete the recount. However, the canvassing board
2949	shall complete the recount prescribed in this subsection, along
2950	with any manual recount prescribed in s. 102.166, and certify
2951	election returns in accordance with the requirements of this
2952	chapter.
2953	(d)  The Department of State shall adopt detailed rules
2954	prescribing additional recount procedures for each certified
2955	voting system, which shall be uniform to the extent practicable.
2956	(7)  The canvassing board may employ such clerical help to
2957	assist with the work of the board as it deems necessary, with at
2958	least one member of the board present at all times, until the
2959	canvass of the returns is completed. The clerical help shall be
2960	paid from the same fund as inspectors and other necessary
2961	election officials.
2962	(8)(a)  At the same time that the official results of an
2963	election are certified to the Department of State, the county
2964	canvassing board shall file a report with the Division of
2965	Elections on the conduct of the election. The report shall
2966	describe:
2967	1.  All contain information relating to any problems
2968	incurred as a result of equipment or software malfunctions
2969	either at the precinct level, or at a counting location, or
2970	within computer and telecommunications networks supporting a
2971	county location, including the steps taken to address the
2972	malfunction(s).
2973	2.  All election definition errors that were discovered
2974	after the logic and accuracy test, including the steps taken to
2975	address the error.
2976	3.  All ballot printing errors or ballot supply problems,
2977	including the steps taken to address the error or problem.
2978	4.  All staffing shortages or procedural violations by
2979	employees or precinct workers which were required to be
2980	addressed by the supervisor of elections or the county
2981	canvassing board during the conduct of the election, including
2982	corrective actions.
2983	5.  All instances where needs for staffing or equipment
2984	were insufficient to meet the needs of the voters.
2985	6.  Any difficulties or unusual circumstances encountered
2986	by an election board or the canvassing board, and any other
2987	additional information regarding a material issue or problems
2988	associated with the conduct of the election which the canvassing
2989	board feels should be made a part of the official election
2990	record.
2991	(b)  After the report pursuant to subsection (1) is filed,
2992	if the supervisor discovers new or additional information on any
2993	of the items required to be included in the report, the
2994	supervisor shall notify the division that new information has
2995	been discovered no later than the next business day after the
2996	discovery and file an amended report on the conduct of the
2997	election within 10 days of the discovery.
2998	(c)  Such reports shall be maintained on file in the
2999	Division of Elections and shall be available for public
3000	inspection. The division shall utilize the reports submitted by
3001	the canvassing boards to determine what problems may be likely
3002	to occur in other elections and disseminate such information,
3003	along with possible solutions, to the supervisors of elections.
3004	(9)  Within 7 days of the time that the results of an
3005	election are certified to the Department of State, the
3006	supervisor shall file with the department a copy of or an export
3007	file from the results database of the county's voting system and
3008	other statistical information as may be required by the
3009	department, the Legislature, and the Election Assistance
3010	Commission. The department shall adopt rules establishing the
3011	required content and acceptable formats for the filings.
3012	Section 59.  Section 102.166, Florida Statutes, is amended
3013	to read:
3014	102.166  Manual recounts.--
3015	(1)  If the second set of unofficial returns pursuant to s.
3016	102.141 indicates that a candidate for any office was defeated
3017	or eliminated by one-quarter of a percent or less of the votes
3018	cast for such office, that a candidate for retention to a
3019	judicial office was retained or not retained by one-quarter of a
3020	percent or less of the votes cast on the question of retention,
3021	or that a measure appearing on the ballot was approved or
3022	rejected by one-quarter of a percent or less of the votes cast
3023	on such measure, the board responsible for certifying the
3024	results of the vote on such race or measure shall order a manual
3025	recount of the overvotes and undervotes cast in the entire
3026	geographic jurisdiction of such office or ballot measure.
3027	However, a manual recount shall not be ordered if the number of
3028	overvotes, undervotes, and provisional ballots is fewer than the
3029	number of votes needed to change the outcome of the election.
3030	(2)(a)  If the second set of unofficial returns pursuant to
3031	s. 102.141 indicates that a candidate for any office was
3032	defeated or eliminated by between one-quarter and one-half of a
3033	percent of the votes cast for such office, that a candidate for
3034	retention to judicial office was retained or not retained by
3035	between one-quarter and one-half of a percent of the votes cast
3036	on the question of retention, or that a measure appearing on the
3037	ballot was approved or rejected by between one-quarter and one-
3038	half of a percent of the votes cast on such measure, any such
3039	candidate, the political party of such candidate, or any
3040	political committee that supports or opposes such ballot measure
3041	is entitled to a manual recount of the overvotes and undervotes
3042	cast in the entire geographic jurisdiction of such office or
3043	ballot measure, provided that a request for a manual recount is
3044	made by 5 p.m. on the third day after the election.
3045	(b)  For federal, statewide, state, and multicounty races
3046	and ballot issues, requests for a manual recount shall be made
3047	in writing to the state Elections Canvassing Commission. For all
3048	other races and ballot issues, requests for a manual recount
3049	shall be made in writing to the county canvassing board.
3050	(c)  Upon receipt of a proper and timely request, the
3051	Elections Canvassing Commission or county canvassing board shall
3052	immediately order a manual recount of overvotes and undervotes
3053	in all affected jurisdictions.
3054	(2)(3)(a)  Any hardware or software used to identify and
3055	sort overvotes and undervotes for a given race or ballot measure
3056	must be certified by the Department of State as part of the
3057	voting system pursuant to s. 101.015. Any such hardware or
3058	software must be capable of simultaneously counting votes. For
3059	certified voting systems, the department shall certify such
3060	hardware or software by July 1, 2002. If the department is
3061	unable to certify such hardware or software for a certified
3062	voting system by July 1, 2002, the department shall adopt rules
3063	prescribing procedures for identifying and sorting such
3064	overvotes and undervotes. The department's rules may provide for
3065	the temporary use of hardware or software whose sole function is
3066	identifying and sorting overvotes and undervotes.
3067	(b)  This subsection does not preclude the department from
3068	certifying hardware or software after July 1, 2002.
3069	(b)(c)  Overvotes and undervotes shall be identified and
3070	sorted while recounting ballots pursuant to s. 102.141, if the
3071	hardware or software for this purpose has been certified or the
3072	department's rules so provide.
3073	(3)(4)  Any manual recount shall be open to the public.
3074	(4)(5)(a)  A vote for a candidate or ballot measure shall
3075	be counted if there is a clear indication on the ballot that the
3076	voter has made a definite choice.
3077	(b)  The Department of State shall adopt specific rules for
3078	each certified voting system prescribing what constitutes a
3079	"clear indication on the ballot that the voter has made a
3080	definite choice." The rules may not:
3081	1.  Exclusively provide that the voter must properly mark
3082	or designate his or her choice on the ballot; or
3083	2.  Contain a catch-all provision that fails to identify
3084	specific standards, such as "any other mark or indication
3085	clearly indicating that the voter has made a definite choice."
3086	(5)(6)  Procedures for a manual recount are as follows:
3087	(a)  The county canvassing board shall appoint as many
3088	counting teams of at least two electors as is necessary to
3089	manually recount the ballots. A counting team must have, when
3090	possible, members of at least two political parties. A candidate
3091	involved in the race shall not be a member of the counting team.
3092	(b)  Each duplicate ballot prepared pursuant to s.
3093	101.5614(5) or s. 102.141(6) shall be compared with the original
3094	ballot to ensure the correctness of the duplicate.
3095	(c)  If a counting team is unable to determine whether the
3096	ballot contains a clear indication that the voter has made a
3097	definite choice, the ballot shall be presented to the county
3098	canvassing board for a determination.
3099	(d)  The Department of State shall adopt detailed rules
3100	prescribing additional recount procedures for each certified
3101	voting system which shall be uniform to the extent practicable.
3102	The rules shall address, at a minimum, the following areas:
3103	1.  Security of ballots during the recount process.;
3104	2.  Time and place of recounts.;
3105	3.  Public observance of recounts.;
3106	4.  Objections to ballot determinations.;
3107	5.  Record of recount proceedings.; and
3108	6.  Procedures relating to candidate and petitioner
3109	representatives.
3110	Section 60.  Subsections (2) and (4) of section 102.168,
3111	Florida Statutes, are amended to read:
3112	102.168  Contest of election.--
3113	(2)  Such contestant shall file a complaint, together with
3114	the fees prescribed in chapter 28, with the clerk of the circuit
3115	court within 10 days after midnight of the date the last board
3116	responsible for certifying the results officially county
3117	canvassing board empowered to canvass the returns certifies the
3118	results of the election being contested.
3119	(4)  The county canvassing board is an indispensable and or
3120	Elections Canvassing Commission shall be the proper party
3121	defendant in county and local elections, and the Elections
3122	Canvassing Commission is an indispensable and proper party
3123	defendant in federal, state, and multicounty races, and the
3124	successful candidate is shall be an indispensable party to any
3125	action brought to contest the election or nomination of a
3126	candidate.
3127	Section 61.  Subsections (1) and (4) of section 103.021,
3128	Florida Statutes, are amended to read:
3129	103.021  Nomination for presidential electors.--Candidates
3130	for presidential electors shall be nominated in the following
3131	manner:
3132	(1)  The Governor shall nominate the presidential electors
3133	of each political party. The state executive committee of each
3134	political party shall by resolution recommend candidates for
3135	presidential electors and deliver a certified copy thereof to
3136	the Governor prior to September 1 of each presidential election
3137	year. The Governor He or she shall nominate only the electors
3138	recommended by the state executive committee of the respective
3139	political party. Each such elector shall be a qualified elector
3140	of the party he or she represents who has taken an oath that he
3141	or she will vote for the candidates of the party that he or she
3142	is nominated to represent. The Governor shall certify to the
3143	Department of State on or before September 1, in each
3144	presidential election year, the names of a number of electors
3145	for each political party equal to the number of senators and
3146	representatives which this state has in Congress.
3147	(4)(a)  A minor political party that is affiliated with a
3148	national party holding a national convention to nominate
3149	candidates for President and Vice President of the United States
3150	may have the names of its candidates for President and Vice
3151	President of the United States printed on the general election
3152	ballot by filing with the Department of State a certificate
3153	naming the candidates for President and Vice President and
3154	listing the required number of persons to serve as electors.
3155	Notification to the Department of State under this subsection
3156	shall be made by September 1 of the year in which the election
3157	is held. When the Department of State has been so notified, it
3158	shall order the names of the candidates nominated by the minor
3159	political party to be included on the ballot and shall permit
3160	the required number of persons to be certified as electors in
3161	the same manner as other party candidates. For purposes of this
3162	section, "national party" shall mean a political party
3163	established and admitted to the ballot in at least one state
3164	other than this state, and "national convention" shall mean any
3165	caucus, convention, meeting, or any other assembly of a
3166	political party gathered, whether or not such meeting is held in
3167	person or by telephonic or electronic means, with the intent of
3168	nominating candidates for President and Vice President of the
3169	United States.
3170	(b)  A minor political party that is not affiliated with a
3171	national party holding a national convention to nominate
3172	candidates for President and Vice President of the United States
3173	may have the names of its candidates for President and Vice
3174	President printed on the general election ballot if a petition
3175	is signed by 1 percent of the registered electors of this state,
3176	as shown by the compilation by the Department of State for the
3177	preceding general election. A separate petition from each county
3178	for which signatures are solicited shall be submitted to the
3179	supervisors of elections of the respective county no later than
3180	July 15 of each presidential election year. The supervisor shall
3181	check the names and, on or before the date of the first primary,
3182	shall certify the number shown as registered electors of the
3183	county. The supervisor shall be paid by the person requesting
3184	the certification the cost of checking the petitions as
3185	prescribed in s. 99.097. The supervisor shall then forward the
3186	certificate to the Department of State, which shall determine
3187	whether or not the percentage factor required in this section
3188	has been met. When the percentage factor required in this
3189	section has been met, the Department of State shall order the
3190	names of the candidates for whom the petition was circulated to
3191	be included on the ballot and shall permit the required number
3192	of persons to be certified as electors in the same manner as
3193	other party candidates.
3194	Section 62.  Section 103.051, Florida Statutes, is amended
3195	to read:
3196	103.051  Congress sets meeting dates of electors.--The
3197	presidential electors shall, at noon on the day which is
3198	directed by Congress and at the time fixed by the Governor, meet
3199	at Tallahassee and perform the duties required of them by the
3200	Constitution and laws of the United States.
3201	Section 63.  Section 103.061, Florida Statutes, is amended
3202	to read:
3203	103.061  Meeting of electors and filling of
3204	vacancies.--Each presidential elector shall, before 10 a.m. on
3205	the day fixed by Congress to elect a President and Vice
3206	President and at the time fixed by the Governor, give notice to
3207	the Governor that the elector is in Tallahassee and ready to
3208	perform the duties of presidential elector. The Governor shall
3209	forthwith deliver to the presidential electors present a
3210	certificate of the names of all the electors; and if, on
3211	examination thereof, it should be found that one or more
3212	electors are absent, the electors present shall elect by ballot,
3213	in the presence of the Governor, a person or persons to fill
3214	such vacancy or vacancies as may have occurred through the
3215	nonattendance of one or more of the electors.
3216	Section 64.  Section 103.121, Florida Statutes, is amended
3217	to read:
3218	103.121  Powers and duties of executive committees.--
3219	(1)(a)  Each state and county executive committee of a
3220	political party shall have the power and duty:
3221	1.  To adopt a constitution by two-thirds vote of the full
3222	committee.
3223	2.  To adopt such bylaws as it may deem necessary by
3224	majority vote of the full committee.
3225	3.  To conduct its meetings according to generally accepted
3226	parliamentary practice.
3227	4.  To make party nomination when required by law.
3228	5.  To conduct campaigns for party nominees.
3229	6.  To raise and expend party funds. Such funds may not be
3230	expended or committed to be expended except after written
3231	authorization by the chair of the state or county executive
3232	committee.
3233	(b)  Except as otherwise provided in subsection (5), The
3234	county executive committee shall receive payment of assessments
3235	upon candidates to be voted for in a single county except state
3236	senators and members of the House of Representatives and
3237	representatives to the Congress of the United States; and the
3238	state executive committees shall receive all other assessments
3239	authorized. All party assessments shall be 2 percent of the
3240	annual salary of the office sought by the respective candidate.
3241	All such committee assessments shall be remitted to the state
3242	executive committee of the appropriate party and distributed in
3243	accordance with subsection (5)(6).
3244	(2)  The state executive committee shall by resolution
3245	recommend candidates for presidential electors and deliver a
3246	certified copy thereof to the Governor prior to September 1 of
3247	each presidential election year.
3248	(2)(3)  The chair and treasurer of an executive committee
3249	of any political party shall be accountable for the funds of
3250	such committee and jointly liable for their proper expenditure
3251	for authorized purposes only. The chair and treasurer of the
3252	state executive committee of any political party shall furnish
3253	adequate bond, but not less than $10,000, conditioned upon the
3254	faithful performance by such party officers of their duties and
3255	for the faithful accounting for party funds which shall come
3256	into their hands; and the chair and treasurer of a county
3257	executive committee of a political party shall furnish adequate
3258	bond, but not less than $5,000, conditioned as aforesaid. A bond
3259	for the chair and treasurer of the state executive committee of
3260	a political party shall be filed with the Department of State. A
3261	bond for the chair and treasurer of a county executive committee
3262	shall be filed with the supervisor of elections. The funds of
3263	each such state executive committee shall be publicly audited at
3264	the end of each calendar year and a copy of such audit furnished
3265	to the Department of State for its examination prior to April 1
3266	of the ensuing year. When filed with the Department of State,
3267	copies of such audit shall be public documents. The treasurer of
3268	each county executive committee shall maintain adequate records
3269	evidencing receipt and disbursement of all party funds received
3270	by him or her, and such records shall be publicly audited at the
3271	end of each calendar year and a copy of such audit filed with
3272	the supervisor of elections and the state executive committee
3273	prior to April 1 of the ensuing year.
3274	(3)(4)  Any chair or treasurer of a state or county
3275	executive committee of any political party who knowingly
3276	misappropriates, or makes an unlawful expenditure of, or a false
3277	or improper accounting for, the funds of such committee is
3278	guilty of a felony of the third degree, punishable as provided
3279	in s. 775.082, s. 775.083, or s. 775.084.
3280	(4)(5)(a)  The central committee or other equivalent
3281	governing body of each state executive committee shall adopt a
3282	rule which governs the time and manner in which the respective
3283	county executive committees of such party may endorse, certify,
3284	screen, or otherwise recommend one or more candidates for such
3285	party's nomination for election. Upon adoption, such rule shall
3286	provide the exclusive method by which a county committee may so
3287	endorse, certify, screen, or otherwise recommend. No later than
3288	the date on which qualifying for public office begins pursuant
3289	to s. 99.061, the chair of each county executive committee shall
3290	notify in writing the supervisor of elections of his or her
3291	county whether the county executive committee has endorsed or
3292	intends to endorse, certify, screen, or otherwise recommend
3293	candidates for nomination pursuant to party rule. A copy of such
3294	notification shall be provided to the Secretary of State and to
3295	the chair of the appropriate state executive committee. Any
3296	county executive committee that endorses or intends to endorse,
3297	certify, screen, or otherwise recommend one or more candidates
3298	for nomination shall forfeit all party assessments which would
3299	otherwise be returned to the county executive committee; and
3300	such assessments shall be remitted instead to the state
3301	executive committee of such party, the provisions of paragraph
3302	(1)(b) to the contrary notwithstanding. No such funds so
3303	remitted to the state executive committee shall be paid,
3304	returned, or otherwise disbursed to the county executive
3305	committee under any circumstances. Any county executive
3306	committee that is in violation of any party rule after receiving
3307	the party assessment shall remit such party assessment to the
3308	state executive committee.
3309	(b)  Any state executive committee that endorses or intends
3310	to endorse, certify, screen, or otherwise recommend one or more
3311	candidates for nomination shall forfeit all party assessments
3312	which would otherwise be returned to the state executive
3313	committee; and such assessments shall be remitted instead to the
3314	General Revenue Fund of the state. Any state executive committee
3315	that is in violation of this section after receiving the party
3316	assessment shall remit such party assessment to the General
3317	Revenue Fund of the state.
3318	(5)(6)  The state chair of each state executive committee
3319	shall return the 2-percent committee assessment for county
3320	candidates to the appropriate county executive committees only
3321	upon receipt of a written statement that such county executive
3322	committee chooses not to endorse, certify, screen, or otherwise
3323	recommend one or more candidates for such party's nomination for
3324	election and upon the state chair's determination that the
3325	county executive committee is in compliance with all Florida
3326	statutes and all state party rules, bylaws, constitutions, and
3327	requirements.
3328	Section 65.  Subsection (5) of section 104.051, Florida
3329	Statutes, is added to read:
3330	104.051  Violations; neglect of duty; corrupt practices.--
3331	(5)  Any supervisor or member of a county canvassing board
3332	who willfully fails to follow a binding directive issued
3333	pursuant to s. 97.012 shall be subject to a civil penalty of
3334	$5,000, which fine shall be paid out of the personal funds of
3335	the supervisor or member of the county canvassing board. Only
3336	the Secretary of State may file a complaint alleging willful
3337	failure to follow a binding directive.
3338	Section 66.  Subsections (1) and (3) and paragraph (a) of
3339	subsection (5)of section 105.031, Florida Statutes, are amended,
3340	and subsection (6) is added to said section, to read:
3341	105.031  Qualification; filing fee; candidate's oath; items
3342	required to be filed.--
3343	(1)  TIME OF QUALIFYING.--Except for candidates for
3344	judicial office, nonpartisan candidates for multicounty office
3345	shall qualify with the Division of Elections of the Department
3346	of State and nonpartisan candidates for countywide or less than
3347	countywide office shall qualify with the supervisor of
3348	elections. Candidates for judicial office other than the office
3349	of county court judge shall qualify with the Division of
3350	Elections of the Department of State, and candidates for the
3351	office of county court judge shall qualify with the supervisor
3352	of elections of the county. Candidates for judicial office shall
3353	qualify no earlier than noon of the 120th day, and no later than
3354	noon of the 116th day, before the first primary election.
3355	Candidates for the office of school board member shall qualify
3356	no earlier than noon of the 50th day, and no later than noon of
3357	the 46th day, before the first primary election. Filing shall be
3358	on forms provided for that purpose by the Division of Elections
3359	and furnished by the appropriate qualifying officer. Any person
3360	seeking to qualify by the petition process alternative method,
3361	as set forth in s. 105.035, who if the person has submitted the
3362	necessary petitions by the required deadline and is notified
3363	after the fifth day prior to the last day for qualifying that
3364	the required number of signatures has been obtained, shall be
3365	entitled to subscribe to the candidate's oath and file the
3366	qualifying papers at any time within 5 days from the date he or
3367	she is notified that the necessary number of signatures has been
3368	obtained. Any person other than a write-in candidate who
3369	qualifies within the time prescribed in this subsection shall be
3370	entitled to have his or her name printed on the ballot.
3371	(3)  QUALIFYING FEE.--Each candidate qualifying for
3372	election to a judicial office or the office of school board
3373	member, except write-in judicial or school board candidates,
3374	shall, during the time for qualifying, pay to the officer with
3375	whom he or she qualifies a qualifying fee, which shall consist
3376	of a filing fee and an election assessment, or qualify by the
3377	petition process alternative method. The amount of the filing
3378	fee is 3 percent of the annual salary of the office sought. The
3379	amount of the election assessment is 1 percent of the annual
3380	salary of the office sought. The Department of State shall
3381	forward all filing fees to the Department of Revenue for deposit
3382	in the Elections Commission Trust Fund. The supervisor of
3383	elections shall forward all filing fees to the Elections
3384	Commission Trust Fund. The election assessment shall be
3385	deposited into the Elections Commission Trust Fund. The annual
3386	salary of the office for purposes of computing the qualifying
3387	fee shall be computed by multiplying 12 times the monthly salary
3388	authorized for such office as of July 1 immediately preceding
3389	the first day of qualifying. This subsection shall not apply to
3390	candidates qualifying for retention to judicial office.
3391	(5)  ITEMS REQUIRED TO BE FILED.--
3392	(a)  In order for a candidate for judicial office or the
3393	office of school board member to be qualified, the following
3394	items must be received by the filing officer by the end of the
3395	qualifying period:
3396	1.  Except for candidates for retention to judicial office,
3397	a properly executed check drawn upon the candidate's campaign
3398	account in an amount not less than the fee required by
3399	subsection (3) or, in lieu thereof, the copy of the notice of
3400	obtaining ballot position pursuant to s. 105.035. If a
3401	candidate's check is returned by the bank for any reason, the
3402	filing officer shall immediately notify the candidate and the
3403	candidate shall, the end of qualifying notwithstanding, have 48
3404	hours from the time such notification is received, excluding
3405	Saturdays, Sundays, and legal holidays, to pay the fee with a
3406	cashier's check purchased from funds of the campaign account.
3407	Failure to pay the fee as provided in this subparagraph shall
3408	disqualify the candidate.
3409	2.  The candidate's oath required by subsection (4), which
3410	must contain the name of the candidate as it is to appear on the
3411	ballot; the office sought, including the district or group
3412	number if applicable; and the signature of the candidate, duly
3413	acknowledged.
3414	3.  The loyalty oath required by s. 876.05, signed by the
3415	candidate and duly acknowledged.
3416	4.  The completed form for the appointment of campaign
3417	treasurer and designation of campaign depository, as required by
3418	s. 106.021. In addition, each candidate for judicial office,
3419	including an incumbent judge, shall file a statement with the
3420	qualifying officer, within 10 days after filing the appointment
3421	of campaign treasurer and designation of campaign depository,
3422	stating that the candidate has read and understands the
3423	requirements of the Florida Code of Judicial Conduct. Such
3424	statement shall be in substantially the following form:
3425
3426	Statement of Candidate for Judicial Office
3427
3428	I,   (name of candidate)  , a judicial candidate, have received,
3429	read, and understand the requirements of the Florida Code of
3430	Judicial Conduct.
3431	(Signature of candidate)
3432	(Date)
3433
3434	5.  The full and public disclosure of financial interests
3435	required by s. 8, Art. II of the State Constitution or the
3436	statement of financial interests required by s. 112.3145,
3437	whichever is applicable. A public officer who has filed the full
3438	and public disclosure or statement of financial interests with
3439	the Commission on Ethics or the supervisor of elections prior to
3440	qualifying for office, may file a copy of that disclosure at the
3441	time of qualifying.
3442	(6)  Notwithstanding the qualifying period prescribed in
3443	this section, a filing officer may accept and hold qualifying
3444	papers submitted not earlier than 14 days prior to the beginning
3445	of the qualifying period to be processed and filed during the
3446	qualifying period.
3447	Section 67.  Section 105.035, Florida Statutes, is amended
3448	to read:
3449	105.035  Petition process for Alternative method of
3450	qualifying for certain judicial offices and the office of school
3451	board member.--
3452	(1)  A person seeking to qualify for election to the office
3453	of circuit judge or county court judge or the office of school
3454	board member may qualify for election to such office by means of
3455	the petitioning process prescribed in this section. A person
3456	qualifying by this petition process alternative method shall not
3457	be required to pay the qualifying fee required by this chapter.
3458	A person using this petitioning process shall file an oath with
3459	the officer before whom the candidate would qualify for the
3460	office stating that he or she intends to qualify by this
3461	alternative method for the office sought. Such oath shall be
3462	filed at any time after the first Tuesday after the first Monday
3463	in January of the year in which the election is held, but prior
3464	to the 21st day preceding the first day of the qualifying period
3465	for the office sought. The form of such oath shall be prescribed
3466	by the Division of Elections. No signatures shall be obtained
3467	until the person has filed the oath prescribed in this
3468	subsection.
3469	(2)  Upon receipt of a written oath from a candidate, The
3470	qualifying officer shall provide the candidate with a petition
3471	format shall be prescribed by the Division of Elections and
3472	shall to be used by the candidate to reproduce petitions for
3473	circulation. If the candidate is running for an office which
3474	will be grouped on the ballot with two or more similar offices
3475	to be filled at the same election, the candidate's petition must
3476	indicate, prior to the obtaining of registered electors'
3477	signatures, for which group or district office the candidate is
3478	running.
3479	(3)  Each candidate for election to a judicial office or
3480	the office of school board member shall obtain the signature of
3481	a number of qualified electors equal to at least 1 percent of
3482	the total number of registered electors of the district,
3483	circuit, county, or other geographic entity represented by the
3484	office sought as shown by the compilation by the Department of
3485	State for the last preceding general election. A separate
3486	petition shall be circulated for each candidate availing himself
3487	or herself of the provisions of this section. Signatures may not
3488	be obtained until the candidate has filed the appointment of
3489	campaign treasurer and designation of campaign depository
3490	pursuant to s. 106.021.
3491	(4)(a)  Each candidate seeking to qualify for election to
3492	the office of circuit judge or the office of school board member
3493	from a multicounty school district pursuant to this section
3494	shall file a separate petition from each county from which
3495	signatures are sought. Each petition shall be submitted, prior
3496	to noon of the 28th 21st day preceding the first day of the
3497	qualifying period for the office sought, to the supervisor of
3498	elections of the county for which such petition was circulated.
3499	Each supervisor of elections to whom a petition is submitted
3500	shall check the signatures on the petition to verify their
3501	status as electors of that county and of the geographic area
3502	represented by the office sought. No later than the 7th day
3503	before Prior to the first date for qualifying, the supervisor
3504	shall certify the number shown as registered electors and submit
3505	such certification to the Division of Elections. The division
3506	shall determine whether the required number of signatures has
3507	been obtained for the name of the candidate to be placed on the
3508	ballot and shall notify the candidate. If the required number of
3509	signatures has been obtained, the candidate shall, during the
3510	time prescribed for qualifying for office, submit a copy of such
3511	notice and file his or her qualifying papers and oath prescribed
3512	in s. 105.031 with the Division of Elections. Upon receipt of
3513	the copy of such notice and qualifying papers, the division
3514	shall certify the name of the candidate to the appropriate
3515	supervisor or supervisors of elections as having qualified for
3516	the office sought.
3517	(b)  Each candidate seeking to qualify for election to the
3518	office of county court judge or the office of school board
3519	member from a single county school district pursuant to this
3520	section shall submit his or her petition, prior to noon of the
3521	28th 21st day preceding the first day of the qualifying period
3522	for the office sought, to the supervisor of elections of the
3523	county for which such petition was circulated. The supervisor
3524	shall check the signatures on the petition to verify their
3525	status as electors of the county and of the geographic area
3526	represented by the office sought. No later than the 7th day
3527	before Prior to the first date for qualifying, the supervisor
3528	shall determine whether the required number of signatures has
3529	been obtained for the name of the candidate to be placed on the
3530	ballot and shall notify the candidate. If the required number of
3531	signatures has been obtained, the candidate shall, during the
3532	time prescribed for qualifying for office, submit a copy of such
3533	notice and file his or her qualifying papers and oath prescribed
3534	in s. 105.031 with the qualifying officer. Upon receipt of the
3535	copy of such notice and qualifying papers, such candidate shall
3536	be entitled to have his or her name printed on the ballot.
3537	Section 68.  Subsections (10), (11), and (12) of section
3538	106.22, Florida Statutes, are amended to read:
3539	106.22  Duties of the Division of Elections.--It is the
3540	duty of the Division of Elections to:
3541	(11)  Conduct preliminary investigations into any
3542	irregularities or fraud involving voter registration or voting
3543	and report its findings to the state attorney for the judicial
3544	circuit in which the alleged violation occurred for prosecution,
3545	where warranted. The Department of State may prescribe by rule
3546	requirements for filing a complaint of voter fraud and for
3547	investigating any such complaint.
3548	(11)(12)  Conduct random audits with respect to reports and
3549	statements filed under this chapter and with respect to alleged
3550	failure to file any reports and statements required under this
3551	chapter.
3552	Section 69.  Subsection (6) of section 106.24, Florida
3553	Statutes, is amended to read:
3554	106.24  Florida Elections Commission; membership; powers;
3555	duties.--
3556	(6)  There is hereby established in the State Treasury an
3557	Elections Commission Trust Fund to be utilized by the Division
3558	of Elections and the Florida Elections Commission in order to
3559	carry out their duties pursuant to ss. 106.24-106.28. The trust
3560	fund may also be used by the Secretary of State division,
3561	pursuant to his or her its authority under s. 97.012(14)
3562	106.22(11), to provide rewards for information leading to
3563	criminal convictions related to voter registration fraud, voter
3564	fraud, and vote scams.
3565	Section 70.  Paragraph (a) of subsection (1) of section
3566	16.56, Florida Statutes, is amended to read:
3567	16.56  Office of Statewide Prosecution.--
3568	(1)  There is created in the Department of Legal Affairs an
3569	Office of Statewide Prosecution. The office shall be a separate
3570	"budget entity" as that term is defined in chapter 216. The
3571	office may:
3572	(a)  Investigate and prosecute the offenses of:
3573	1.  Bribery, burglary, criminal usury, extortion, gambling,
3574	kidnapping, larceny, murder, prostitution, perjury, robbery,
3575	carjacking, and home-invasion robbery;
3576	2.  Any crime involving narcotic or other dangerous drugs;
3577	3.  Any violation of the provisions of the Florida RICO
3578	(Racketeer Influenced and Corrupt Organization) Act, including
3579	any offense listed in the definition of racketeering activity in
3580	s. 895.02(1)(a), providing such listed offense is investigated
3581	in connection with a violation of s. 895.03 and is charged in a
3582	separate count of an information or indictment containing a
3583	count charging a violation of s. 895.03, the prosecution of
3584	which listed offense may continue independently if the
3585	prosecution of the violation of s. 895.03 is terminated for any
3586	reason;
3587	4.  Any violation of the provisions of the Florida Anti-
3588	Fencing Act;
3589	5.  Any violation of the provisions of the Florida
3590	Antitrust Act of 1980, as amended;
3591	6.  Any crime involving, or resulting in, fraud or deceit
3592	upon any person;
3593	7.  Any violation of s. 847.0135, relating to computer
3594	pornography and child exploitation prevention, or any offense
3595	related to a violation of s. 847.0135;
3596	8.  Any violation of the provisions of chapter 815;
3597	9.  Any criminal violation of part I of chapter 499;
3598	10.  Any violation of the provisions of the Florida Motor
3599	Fuel Tax Relief Act of 2004; or
3600	11.  Any criminal violation of s. 409.920 or s. 409.9201;
3601	or
3602	12.  Any crime involving voter registration, voting, or
3603	candidate or issue petition activities.
3604
3605	or any attempt, solicitation, or conspiracy to commit any of the
3606	crimes specifically enumerated above. The office shall have such
3607	power only when any such offense is occurring, or has occurred,
3608	in two or more judicial circuits as part of a related
3609	transaction, or when any such offense is connected with an
3610	organized criminal conspiracy affecting two or more judicial
3611	circuits.
3612	Section 71.  Subsection (5) of section 119.07, Florida
3613	Statutes, is amended to read:
3614	119.07  Inspection and copying of records; photographing
3615	public records; fees; exemptions.--
3616	(5)  When ballots are produced under this section for
3617	inspection or examination, no persons other than the supervisor
3618	of elections or the supervisor's employees shall touch the
3619	ballots. If the ballots are being examined prior to the end of
3620	the contest period in s. 102.168, the supervisor of elections
3621	shall make a reasonable effort to notify all candidates by
3622	telephone or otherwise of the time and place of the inspection
3623	or examination. All such candidates, or their representatives,
3624	shall be allowed to be present during the inspection or
3625	examination.
3626	Section 72.  Paragraph (d) is added to subsection (15) of
3627	section 120.52, Florida Statutes, to read:
3628	120.52  Definitions.--As used in this act:
3629	(15)  "Rule" means each agency statement of general
3630	applicability that implements, interprets, or prescribes law or
3631	policy or describes the procedure or practice requirements of an
3632	agency and includes any form which imposes any requirement or
3633	solicits any information not specifically required by statute or
3634	by an existing rule. The term also includes the amendment or
3635	repeal of a rule. The term does not include:
3636	(d)  Advisory opinions issued by the Division of Elections
3637	pursuant to s. 106.23(2) and directives issued by the Secretary
3638	of State pursuant to s. 97.012(1).
3639	Section 73.  Paragraph (a) of subsection (3) of section
3640	145.09, Florida Statutes, is amended to read:
3641	145.09  Supervisor of elections.--
3642	(3)(a)  There shall be an additional $2,000 per year
3643	special qualification salary for each supervisor of elections
3644	who has met the certification requirements established by the
3645	Division of Elections of the Department of State. The Department
3646	of State shall adopt rules to establish the certification
3647	requirements. Any supervisor who is certified during a calendar
3648	year shall receive in that year a pro rata share of the special
3649	qualification salary based on the remaining period of the year.
3650	Section 74.  Sections 98.095, 98.0979, 98.181, 98.481,
3651	101.253, 101.635, 102.061, 106.085, and 106.144, Florida
3652	Statutes, are repealed.
3653	Section 75.  This act shall take effect January 1, 2006.

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