| 1 | A bill to be entitled |
| 2 | An act relating to elections; creating s. 97.0115, F.S.; |
| 3 | providing that chapters 97 through 105 shall govern all |
| 4 | procedures and processes relating to national, state, |
| 5 | county, and district elections within the state; |
| 6 | specifying a governing statute for the conduct of |
| 7 | municipal elections; prohibiting a county or district |
| 8 | charter, ordinance, or regulation from conflicting with |
| 9 | state election laws; amending s. 97.021, F.S.; defining |
| 10 | the term "absent uniformed services voter"; revising the |
| 11 | definition of the term "overseas voter"; amending s. |
| 12 | 98.0981, F.S.; conforming a cross-reference; amending s. |
| 13 | 101.111, F.S.; revising voter challenge oath requirements; |
| 14 | providing circumstances under which a challenged voter may |
| 15 | execute a change of legal residence, be directed to the |
| 16 | proper precinct, or vote a provisional ballot; providing |
| 17 | increased penalties for filing a frivolous voter |
| 18 | challenge; amending s. 101.5612, F.S.; requiring the |
| 19 | supervisor of elections to publish on his or her website a |
| 20 | notice of testing of tabulating equipment; requiring the |
| 21 | use of certain ballots and technology for preelection |
| 22 | testing of tabulating equipment; amending s. 101.62, F.S.; |
| 23 | revising the supervisor of elections' responsibilities for |
| 24 | the request and transmittal of absentee ballots; revising |
| 25 | the time an absentee ballot request is valid; authorizing |
| 26 | the Department of State to prescribe rules for a ballot to |
| 27 | be sent to uniformed services voters and overseas voters; |
| 28 | amending s. 101.694, F.S.; requiring the supervisor of |
| 29 | elections to send an absentee ballot to certain electors |
| 30 | within a specified time; deleting a requirement that an |
| 31 | absentee ballot be mailed; deleting a provision |
| 32 | establishing that a federal postcard application request |
| 33 | is valid through two general election cycles; amending s. |
| 34 | 101.71, F.S.; requiring the supervisor of elections to |
| 35 | ensure the provision of adequate supplies, equipment, and |
| 36 | personnel when precincts are collocated; requiring the |
| 37 | supervisor of elections to publish the relocation of a |
| 38 | polling place on his or her website; amending s. 102.012, |
| 39 | F.S.; allowing the supervisor of elections to appoint one |
| 40 | election board for collocated precincts and requiring the |
| 41 | appointment of adequate personnel for the collocated |
| 42 | precincts; amending s. 102.111, F.S.; clarifying that the |
| 43 | Governor and Cabinet members shall serve ex officio on the |
| 44 | Elections Canvassing Commission; establishing meeting |
| 45 | times for the commission; amending s. 102.112, F.S.; |
| 46 | conforming a cross-reference; amending s. 102.141, F.S.; |
| 47 | requiring the supervisor of elections to publish on his or |
| 48 | her website notice of the time for canvassing absentee and |
| 49 | provisional ballots; providing circumstances under which |
| 50 | the Secretary of State, county canvassing board, or local |
| 51 | board is responsible for ordering recounts in elections; |
| 52 | specifying the time for filing returns for elections in |
| 53 | which a recount was ordered; amending s. 102.166, F.S.; |
| 54 | providing circumstances under which the Secretary of |
| 55 | State, county canvassing board, or local board is |
| 56 | responsible for ordering a manual recount of overvotes and |
| 57 | undervotes; amending s. 106.03, F.S.; revising provisions |
| 58 | for the reporting of information changes by political |
| 59 | committees; requiring the Division of Elections to adopt |
| 60 | rules for the dissolution of certain political committees; |
| 61 | amending s. 106.04, F.S.; revising reporting requirements |
| 62 | for committees of continuous existence; revising |
| 63 | provisions relating to the assessment and deposition of |
| 64 | fines for committees of continuous existence; establishing |
| 65 | when notice is deemed sufficient; amending s. 106.07, |
| 66 | F.S.; revising reporting requirements for candidates and |
| 67 | political committees; providing additional methods for |
| 68 | establishing proof of delivery; increasing the time a |
| 69 | campaign treasurer is allowed to respond to inquiries |
| 70 | about reports; establishing when notice is deemed |
| 71 | sufficient; revising when political committees that make |
| 72 | contributions or expenditures in county or municipal races |
| 73 | must file campaign finance reports; requiring transaction |
| 74 | information for each credit card purchase; authorizing a |
| 75 | filing officer to notify the registered agent of a |
| 76 | political committee that fines are due; amending s. |
| 77 | 106.0705, F.S.; conforming a cross-reference; amending s. |
| 78 | 106.11, F.S.; establishing when a candidate may be |
| 79 | reimbursed for a loan to his or her campaign account; |
| 80 | amending s. 106.143, F.S.; authorizing specified |
| 81 | abbreviations in political advertisements; requiring the |
| 82 | exclusion of a candidate's political party affiliation in |
| 83 | political advertisements for a nonpartisan race; amending |
| 84 | s. 106.29, F.S.; establishing when notice is deemed |
| 85 | sufficient for late filed reports of contributions and |
| 86 | expenditures by political parties; amending s. 379.352, |
| 87 | F.S.; conforming a cross-reference; providing effective |
| 88 | dates. |
| 89 |
|
| 90 | Be It Enacted by the Legislature of the State of Florida: |
| 91 |
|
| 92 | Section 1. Section 97.0115, Florida Statutes, is created |
| 93 | to read: |
| 94 | 97.0115 Elections procedures and processes; governing |
| 95 | law.- |
| 96 | (1) Chapters 97-105 shall govern all procedures and |
| 97 | processes relating to national, state, county, and district |
| 98 | elections within the state, except as otherwise specifically |
| 99 | authorized by federal or state law. The conduct of municipal |
| 100 | elections shall be governed by s. 100.3605. |
| 101 | (2) A county or district charter, ordinance, or regulation |
| 102 | may not conflict with the matters set forth in chapters 97-105. |
| 103 | Section 2. Effective upon this act becoming a law, |
| 104 | subsections (2) through (43) of section 97.021, Florida |
| 105 | Statutes, are renumbered as subsections (3) through (44), |
| 106 | respectively, present subsection (22) of that section is |
| 107 | amended, and a new subsection (2) is added to that section to |
| 108 | read: |
| 109 | 97.021 Definitions.-For the purposes of this code, except |
| 110 | where the context clearly indicates otherwise, the term: |
| 111 | (2) "Absent uniformed services voter" means: |
| 112 | (a) A member of a uniformed service on active duty who, by |
| 113 | reason of such active duty, is absent from the place of |
| 114 | residence where the member is otherwise qualified to vote; |
| 115 | (b) A member of the merchant marine who, by reason of |
| 116 | service in the merchant marine, is absent from the place of |
| 117 | residence where the member is otherwise qualified to vote; or |
| 118 | (c) A spouse or dependent of a member referred to in |
| 119 | paragraph (a) or paragraph (b) who, by reason of the active duty |
| 120 | or service of the member, is absent from the place of residence |
| 121 | where the spouse or dependent is otherwise qualified to vote. |
| 122 | (23)(22) "Overseas voter" means: |
| 123 | (a) An absent uniformed services voter who, by reason of |
| 124 | active duty or service, is absent from the United States on the |
| 125 | date of the election involved Members of the uniformed services |
| 126 | while in the active service who are permanent residents of the |
| 127 | state and are temporarily residing outside the territorial |
| 128 | limits of the United States and the District of Columbia; |
| 129 | (b) A person who resides outside the United States and is |
| 130 | qualified to vote in the last place in which the person was |
| 131 | domiciled before leaving the United States Members of the |
| 132 | Merchant Marine of the United States who are permanent residents |
| 133 | of the state and are temporarily residing outside the |
| 134 | territorial limits of the United States and the District of |
| 135 | Columbia; or and |
| 136 | (c) A person who resides outside the United States and, |
| 137 | but for such residence, would be qualified to vote in the last |
| 138 | place in which the person was domiciled before leaving the |
| 139 | United States Other citizens of the United States who are |
| 140 | permanent residents of the state and are temporarily residing |
| 141 | outside the territorial limits of the United States and the |
| 142 | District of Columbia, who are qualified and registered to vote |
| 143 | as provided by law. |
| 144 | Section 3. Subsection (3) of section 98.0981, Florida |
| 145 | Statutes, is amended to read: |
| 146 | 98.0981 Reports; voting history; statewide voter |
| 147 | registration system information; precinct-level election |
| 148 | results; book closing statistics.- |
| 149 | (3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.-After the date |
| 150 | of book closing but before the date of an election as defined in |
| 151 | s. 97.021(11) s. 97.021(10) to fill a national, state, county, |
| 152 | or district office, or to vote on a proposed constitutional |
| 153 | amendment, the department shall compile the following precinct- |
| 154 | level statistical data for each county: |
| 155 | (a) Precinct numbers. |
| 156 | (b) Total number of active registered voters by party for |
| 157 | each precinct. |
| 158 | Section 4. Section 101.111, Florida Statutes, is amended |
| 159 | to read: |
| 160 | 101.111 Voter challenges Person desiring to vote may be |
| 161 | challenged; challenger to execute oath; oath of person |
| 162 | challenged; determination of challenge.- |
| 163 | (1)(a) Any registered elector or poll watcher of a county |
| 164 | may challenge the right of a person to vote in that county. The |
| 165 | challenge must be in writing and contain the following oath, |
| 166 | which shall be delivered to the clerk or inspector: |
| 167 | OATH OF PERSON ENTERING CHALLENGE |
| 168 | State of Florida |
| 169 | County of _____ |
| 170 | I do solemnly swear or affirm that my name is _____; that I am a |
| 171 | member of the _____ Party; that I am a registered voter or |
| 172 | pollwatcher; that my residence address is _____, in the |
| 173 | municipality of _____; and that I have reason to believe that |
| 174 | _____ is attempting to vote illegally and the reasons for my |
| 175 | belief are set forth herein to wit: |
| 176 | ________________________________________________________________ |
| 177 | ________________________________________________________________ |
| 178 | ___________________________ |
| 179 | ...(Signature of person challenging voter)... |
| 180 | Sworn and subscribed to before me this _____ day of _____, |
| 181 | ...(year).... |
| 182 | ...(Clerk of election)... |
| 183 | (b)1. The clerk or inspector shall immediately deliver to |
| 184 | the challenged person a copy of the oath of the person entering |
| 185 | the challenge, and the challenged voter shall be allowed to cast |
| 186 | a provisional ballot in accordance with s. 101.048, except as |
| 187 | provided in subparagraph 2. |
| 188 | 2. If the basis for the challenge is that the person's |
| 189 | legal residence is not in that precinct, the person shall first |
| 190 | be given the opportunity to execute a change of legal residence |
| 191 | in order to be able to vote a regular ballot in accordance with |
| 192 | s. 101.045(2). If the change of legal residence is such that the |
| 193 | person is then properly registered for that precinct, the person |
| 194 | shall be allowed to vote a regular ballot. If the change of |
| 195 | legal residence places the person in another precinct, the |
| 196 | person shall be directed to the proper precinct to vote. If such |
| 197 | person insists that he or she is currently in the proper |
| 198 | precinct, the person shall be allowed to vote a provisional |
| 199 | ballot in accordance with s. 101.048. |
| 200 | (c) Alternatively, a challenge in accordance with this |
| 201 | section may be filed in advance with the supervisor of elections |
| 202 | no sooner than 30 days before an election. The supervisor shall |
| 203 | promptly provide the election board in the challenged voter's |
| 204 | precinct with a copy of the oath of the person entering the |
| 205 | challenge. The challenged voter shall be allowed to cast a |
| 206 | provisional ballot in accordance with s. 101.048, subject to the |
| 207 | provisions of subparagraph (b)2. |
| 208 | (2) Any elector or poll watcher filing a frivolous |
| 209 | challenge of any person's right to vote commits a felony |
| 210 | misdemeanor of the third first degree, punishable as provided in |
| 211 | s. 775.082, or s. 775.083, or s. 775.084; however, electors or |
| 212 | poll watchers shall not be subject to liability for any action |
| 213 | taken in good faith and in furtherance of any activity or duty |
| 214 | permitted of such electors or poll watchers by law. Each |
| 215 | instance where any elector or poll watcher files a frivolous |
| 216 | challenge of any person's right to vote constitutes a separate |
| 217 | offense. |
| 218 | Section 5. Effective upon this act becoming a law, |
| 219 | subsections (2) and (5) of section 101.5612, Florida Statutes, |
| 220 | are amended to read: |
| 221 | 101.5612 Testing of tabulating equipment.- |
| 222 | (2) On any day not more than 10 days prior to the |
| 223 | commencement of early voting as provided in s. 101.657, the |
| 224 | supervisor of elections shall have the automatic tabulating |
| 225 | equipment publicly tested to ascertain that the equipment will |
| 226 | correctly count the votes cast for all offices and on all |
| 227 | measures. If the ballots to be used at the polling place on |
| 228 | election day are not available at the time of the testing, the |
| 229 | supervisor may conduct an additional test not more than 10 days |
| 230 | before election day. Public notice of the time and place of the |
| 231 | test shall be given at least 48 hours prior thereto by |
| 232 | publication on the supervisor of elections' website and once in |
| 233 | one or more newspapers of general circulation in the county or, |
| 234 | if there is no newspaper of general circulation in the county, |
| 235 | by posting the notice in at least four conspicuous places in the |
| 236 | county. The supervisor or the municipal elections official may, |
| 237 | at the time of qualifying, give written notice of the time and |
| 238 | location of the public preelection test to each candidate |
| 239 | qualifying with that office and obtain a signed receipt that the |
| 240 | notice has been given. The Department of State shall give |
| 241 | written notice to each statewide candidate at the time of |
| 242 | qualifying, or immediately at the end of qualifying, that the |
| 243 | voting equipment will be tested and advise each candidate to |
| 244 | contact the county supervisor of elections as to the time and |
| 245 | location of the public preelection test. The supervisor or the |
| 246 | municipal elections official shall, at least 15 days prior to |
| 247 | the commencement of early voting as provided in s. 101.657, send |
| 248 | written notice by certified mail to the county party chair of |
| 249 | each political party and to all candidates for other than |
| 250 | statewide office whose names appear on the ballot in the county |
| 251 | and who did not receive written notification from the supervisor |
| 252 | or municipal elections official at the time of qualifying, |
| 253 | stating the time and location of the public preelection test of |
| 254 | the automatic tabulating equipment. The canvassing board shall |
| 255 | convene, and each member of the canvassing board shall certify |
| 256 | to the accuracy of the test. For the test, the canvassing board |
| 257 | may designate one member to represent it. The test shall be open |
| 258 | to representatives of the political parties, the press, and the |
| 259 | public. Each political party may designate one person with |
| 260 | expertise in the computer field who shall be allowed in the |
| 261 | central counting room when all tests are being conducted and |
| 262 | when the official votes are being counted. The designee shall |
| 263 | not interfere with the normal operation of the canvassing board. |
| 264 | (5) Any tests involving marksense ballots pursuant to this |
| 265 | section shall employ test preprinted ballots created by the |
| 266 | supervisor of elections using actual ballots that have been |
| 267 | printed for the election., If preprinted ballots will be used in |
| 268 | the election, and ballot-on-demand ballots will be used in the |
| 269 | election, the supervisor shall also create test ballots using |
| 270 | the, if ballot-on-demand technology that will be used to produce |
| 271 | ballots in the election, using the same paper stock as will be |
| 272 |
|
| 273 | Section 6. Effective upon this act becoming a law, |
| 274 | subsections (1), (3), (4), and (5) of section 101.62, Florida |
| 275 | Statutes, are amended to read: |
| 276 | 101.62 Request for absentee ballots.- |
| 277 | (1)(a) The supervisor shall may accept a request for an |
| 278 | absentee ballot from an elector in person or in writing. Except |
| 279 | as provided in s. 101.694, One request shall be deemed |
| 280 | sufficient to receive an absentee ballot for all elections |
| 281 | through the next two regularly scheduled general election |
| 282 | elections, unless the elector or the elector's designee |
| 283 | indicates at the time the request is made the elections for |
| 284 | which the elector desires to receive an absentee ballot. Such |
| 285 | request may be considered canceled when any first-class mail |
| 286 | sent by the supervisor to the elector is returned as |
| 287 | undeliverable. |
| 288 | (b) The supervisor shall may accept a written or |
| 289 | telephonic request for an absentee ballot from the elector, or, |
| 290 | if directly instructed by the elector, a member of the elector's |
| 291 | immediate family, or the elector's legal guardian. For purposes |
| 292 | of this section, the term "immediate family" has the same |
| 293 | meaning as specified in paragraph (4)(b). The person making the |
| 294 | request must disclose: |
| 295 | 1. The name of the elector for whom the ballot is |
| 296 | requested.; |
| 297 | 2. The elector's address.; |
| 298 | 3. The elector's date of birth.; |
| 299 | 4. The requester's name.; |
| 300 | 5. The requester's address.; |
| 301 | 6. The requester's driver's license number, if available; |
| 302 | 6.7. The requester's relationship to the elector.; and |
| 303 | 8. The requester's signature (written requests only). |
| 304 | (c) Upon receiving a request for an absentee ballot, the |
| 305 | supervisor of elections shall notify the voter of the free |
| 306 | access system that has been designated by the department for |
| 307 | determining the status of his or her absentee ballot. |
| 308 | (3) For each request for an absentee ballot received, the |
| 309 | supervisor shall record the date the request was made, the date |
| 310 | the absentee ballot was delivered to the voter or the voter's |
| 311 | designee or the date the absentee ballot was delivered to the |
| 312 | post office or other carrier, the date the ballot was received |
| 313 | by the supervisor, and such other information he or she may deem |
| 314 | necessary. This information shall be provided in electronic |
| 315 | format as provided by rule adopted by the division. The |
| 316 | information shall be updated and made available no later than |
| 317 | noon of each day beginning the date the first absentee ballots |
| 318 | are mailed for the election and shall be contemporaneously |
| 319 | provided to the division. This information shall be confidential |
| 320 | and exempt from the provisions of s. 119.07(1) and shall be made |
| 321 | available to or reproduced only for the voter requesting the |
| 322 | ballot, a canvassing board, an election official, a political |
| 323 | party or official thereof, a candidate who has filed |
| 324 | qualification papers and is opposed in an upcoming election, and |
| 325 | registered political committees or registered committees of |
| 326 | continuous existence, for political purposes only. |
| 327 | (4)(a) No later than 45 days before each election, the |
| 328 | supervisor of elections shall send an absentee ballot to each |
| 329 | absent uniformed services voter and to each overseas voter as |
| 330 | provided in subparagraph (b)3. To each absent qualified elector |
| 331 | overseas who has requested an absentee ballot, the supervisor of |
| 332 | elections shall mail an absentee ballot not less than 35 days |
| 333 | before the primary election and not less than 45 days before the |
| 334 | general election. |
| 335 | (b) The supervisor shall provide an absentee ballot to |
| 336 | each elector by whom a request for that ballot has been made by |
| 337 | one of the following means: |
| 338 | 1. By nonforwardable, return-if-undeliverable mail to the |
| 339 | elector's current mailing address on file with the supervisor., |
| 340 | unless the elector specifies in the request that: |
| 341 | 2. By nonforwardable, return-if-undeliverable mail to any |
| 342 | address requested by an elector if the request specifies that: |
| 343 | a. The elector is absent from the county and does not plan |
| 344 | to return before the day of the election; |
| 345 | b. The elector is temporarily unable to occupy the |
| 346 | residence because of hurricane, tornado, flood, fire, or other |
| 347 | emergency or natural disaster; or |
| 348 | c. The elector is in a hospital, assisted living facility, |
| 349 | nursing home, short-term medical or rehabilitation facility, or |
| 350 | correctional facility, |
| 351 | |
| 352 | in which case the supervisor shall mail the ballot by |
| 353 | nonforwardable, return-if-undeliverable mail to any other |
| 354 | address the elector specifies in the request. |
| 355 | 3.2. By forwardable mail, e-mail, or facsimile machine |
| 356 | transmission to absent uniformed services voters and overseas |
| 357 | voters who are entitled to vote by absentee ballot under the |
| 358 | Uniformed and Overseas Citizens Absentee Voting Act. The absent |
| 359 | uniformed services voter or overseas voter may designate in the |
| 360 | request the preferred method of transmission. If the voter does |
| 361 | not designate the method of transmission, the ballot shall be |
| 362 | mailed. |
| 363 | 4.3. By personal delivery before 7 p.m. on election day to |
| 364 | the elector, upon presentation of the identification required in |
| 365 | s. 101.043. |
| 366 | 5.4. By delivery to a designee on election day or up to 5 |
| 367 | days prior to the day of an election. Any elector may designate |
| 368 | in writing a person to pick up the ballot for the elector; |
| 369 | however, the person designated may not pick up more than two |
| 370 | absentee ballots per election, other than the designee's own |
| 371 | ballot, except that additional ballots may be picked up for |
| 372 | members of the designee's immediate family. For purposes of this |
| 373 | section, "immediate family" means the designee's spouse or the |
| 374 | parent, child, grandparent, or sibling of the designee or of the |
| 375 | designee's spouse. The designee shall provide to the supervisor |
| 376 | the written authorization by the elector and a picture |
| 377 | identification of the designee and must complete an affidavit. |
| 378 | The designee shall state in the affidavit that the designee is |
| 379 | authorized by the elector to pick up that ballot and shall |
| 380 | indicate if the elector is a member of the designee's immediate |
| 381 | family and, if so, the relationship. The department shall |
| 382 | prescribe the form of the affidavit. If the supervisor is |
| 383 | satisfied that the designee is authorized to pick up the ballot |
| 384 | and that the signature of the elector on the written |
| 385 | authorization matches the signature of the elector on file, the |
| 386 | supervisor shall give the ballot to that designee for delivery |
| 387 | to the elector. |
| 388 | (5) In the event that the department Elections Canvassing |
| 389 | Commission is unable to certify candidates for the results of an |
| 390 | election for a state office in time for the supervisors to |
| 391 | comply with paragraph (4)(a) subsection (4), the Department of |
| 392 | State is authorized to prescribe rules for a ballot to be sent |
| 393 | to absent uniformed services voters and electors overseas |
| 394 | voters. |
| 395 | Section 7. Effective upon this act becoming a law, |
| 396 | subsection (1) of section 101.694, Florida Statutes, is amended |
| 397 | to read: |
| 398 | 101.694 Mailing of ballots upon receipt of federal |
| 399 | postcard application.- |
| 400 | (1) Upon receipt of a federal postcard application for an |
| 401 | absentee ballot executed by a person whose registration is in |
| 402 | order or whose application is sufficient to register or update |
| 403 | the registration of that person, the supervisor shall send the |
| 404 | ballot in accordance with s. 101.62(4) mail to the applicant a |
| 405 | ballot, if the ballots are available for mailing. The federal |
| 406 | postcard application request for an absentee ballot shall be |
| 407 | effective for all elections through the next two regularly |
| 408 | scheduled general elections. |
| 409 | Section 8. Effective upon this act becoming a law, |
| 410 | subsection (2) of section 101.71, Florida Statutes, is amended |
| 411 | to read: |
| 412 | 101.71 Polling place.- |
| 413 | (2) Notwithstanding the provisions of subsection (1), |
| 414 | whenever the supervisor of elections of any county determines |
| 415 | that the accommodations for holding any election at a polling |
| 416 | place designated for any precinct in the county are unavailable, |
| 417 | are inadequate for the expeditious and efficient housing and |
| 418 | handling of voting and voting paraphernalia, or do not comply |
| 419 | with the requirements of s. 101.715, the supervisor shall, not |
| 420 | less than 30 days prior to the holding of an election, provide |
| 421 | for the voting place for such precinct to be moved to another |
| 422 | site that is accessible to the public on election day in said |
| 423 | precinct or, if such is not available, to another site that is |
| 424 | accessible to the public on election day in a contiguous |
| 425 | precinct. If such action of the supervisor results in the voting |
| 426 | place for two or more precincts being located for the purposes |
| 427 | of an election in one building, the supervisor of elections |
| 428 | shall ensure that adequate supplies, equipment, and personnel |
| 429 | are available to accommodate the voters for the precincts that |
| 430 | are collocated voting places for the several precincts involved |
| 431 | shall be established and maintained separate from each other in |
| 432 | said building. When any supervisor moves any polling place |
| 433 | pursuant to this subsection, the supervisor shall, not more than |
| 434 | 30 days or fewer than 7 days prior to the holding of an |
| 435 | election, give notice of the change of the polling place for the |
| 436 | precinct involved, with clear description of the voting place to |
| 437 | which changed, at least once in a newspaper of general |
| 438 | circulation in the said county and on the supervisor of |
| 439 | elections' website. A notice of the change of the polling place |
| 440 | involved shall be mailed, at least 14 days prior to an election, |
| 441 | to each registered elector or to each household in which there |
| 442 | is a registered elector. |
| 443 | Section 9. Effective upon this act becoming a law, |
| 444 | subsection (1) of section 102.012, Florida Statutes, is amended |
| 445 | to read: |
| 446 | 102.012 Inspectors and clerks to conduct elections.- |
| 447 | (1)(a) The supervisor of elections of each county, at |
| 448 | least 20 days prior to the holding of any election, shall |
| 449 | appoint an election board comprised of poll workers who serve as |
| 450 | clerks or inspectors for each precinct in the county. The clerk |
| 451 | shall be in charge of, and responsible for, seeing that the |
| 452 | election board carries out its duties and responsibilities. Each |
| 453 | inspector and each clerk shall take and subscribe to an oath or |
| 454 | affirmation, which shall be written or printed, to the effect |
| 455 | that he or she will perform the duties of inspector or clerk of |
| 456 | election, respectively, according to law and will endeavor to |
| 457 | prevent all fraud, deceit, or abuse in conducting the election. |
| 458 | The oath may be taken before an officer authorized to administer |
| 459 | oaths or before any of the persons who are to act as inspectors, |
| 460 | one of them to swear the others, and one of the others sworn |
| 461 | thus, in turn, to administer the oath to the one who has not |
| 462 | been sworn. The oaths shall be returned with the poll list and |
| 463 | the returns of the election to the supervisor. In all questions |
| 464 | that may arise before the members of an election board, the |
| 465 | decision of a majority of them shall decide the question. The |
| 466 | supervisor of elections of each county shall be responsible for |
| 467 | the attendance and diligent performance of his or her duties by |
| 468 | each clerk and inspector. |
| 469 | (b) If two or more precincts share the same building and |
| 470 | voting place, the supervisor of elections may appoint one |
| 471 | election board for the collocated precincts. The supervisor |
| 472 | shall ensure that a sufficient number of poll workers are |
| 473 | appointed to adequately handle the processing of the voters in |
| 474 | the collocated precincts. |
| 475 | Section 10. Effective upon this act becoming a law, |
| 476 | section 102.111, Florida Statutes, is amended to read: |
| 477 | 102.111 Elections Canvassing Commission.- |
| 478 | (1) The Elections Canvassing Commission shall consist of |
| 479 | the Governor and two members of the Cabinet selected by the |
| 480 | Governor, all of whom shall serve ex officio. If a member of the |
| 481 | Elections Canvassing commission is unable to serve for any |
| 482 | reason, the Governor shall appoint a remaining member of the |
| 483 | Cabinet. If there is a further vacancy, the remaining members of |
| 484 | the commission shall agree on another elected official to fill |
| 485 | the vacancy. |
| 486 | (2) The Elections Canvassing Commission shall meet at 9 |
| 487 | a.m. on the 9th day after a primary election and at 9 a.m. on |
| 488 | the 14th day after a general election to, as soon as the |
| 489 | official results are compiled from all counties, certify the |
| 490 | returns of the election and determine and declare who has been |
| 491 | elected for each federal, state, and multicounty office. If a |
| 492 | member of a county canvassing board that was constituted |
| 493 | pursuant to s. 102.141 determines, within 5 days after the |
| 494 | certification by the Elections Canvassing Commission, that a |
| 495 | typographical error occurred in the official returns of the |
| 496 | county, the correction of which could result in a change in the |
| 497 | outcome of an election, the county canvassing board must certify |
| 498 | corrected returns to the Department of State within 24 hours, |
| 499 | and the Elections Canvassing Commission must correct and |
| 500 | recertify the election returns as soon as practicable. |
| 501 | (3)(2) The Division of Elections shall provide the staff |
| 502 | services required by the Elections Canvassing Commission. |
| 503 | Section 11. Effective upon this act becoming a law, |
| 504 | subsection (2) of section 102.112, Florida Statutes, is amended |
| 505 | to read: |
| 506 | 102.112 Deadline for submission of county returns to the |
| 507 | Department of State.- |
| 508 | (2) Returns must be filed by 5 p.m. on the 7th day |
| 509 | following a primary election and by noon on the 12th day |
| 510 | following the general election. However, the Department of State |
| 511 | may correct typographical errors, including the transposition of |
| 512 | numbers, in any returns submitted to the Department of State |
| 513 | pursuant to s. 102.111(2) s. 102.111(1). |
| 514 | Section 12. Effective upon this act becoming a law, |
| 515 | subsections (2) and (7) of section 102.141, Florida Statutes, |
| 516 | are amended to read: |
| 517 | 102.141 County canvassing board; duties.- |
| 518 | (2) The county canvassing board shall meet in a building |
| 519 | accessible to the public in the county where the election |
| 520 | occurred at a time and place to be designated by the supervisor |
| 521 | of elections to publicly canvass the absentee electors' ballots |
| 522 | as provided for in s. 101.68 and provisional ballots as provided |
| 523 | by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast |
| 524 | pursuant to s. 101.049 shall be canvassed in a manner that votes |
| 525 | for candidates and issues on those ballots can be segregated |
| 526 | from other votes. Public notice of the time and place at which |
| 527 | the county canvassing board shall meet to canvass the absentee |
| 528 | electors' ballots and provisional ballots shall be given at |
| 529 | least 48 hours prior thereto by publication on the supervisor of |
| 530 | elections' website and once in one or more newspapers of general |
| 531 | circulation in the county or, if there is no newspaper of |
| 532 | general circulation in the county, by posting such notice in at |
| 533 | least four conspicuous places in the county. As soon as the |
| 534 | absentee electors' ballots and the provisional ballots are |
| 535 | canvassed, the board shall proceed to publicly canvass the vote |
| 536 | given each candidate, nominee, constitutional amendment, or |
| 537 | other measure submitted to the electorate of the county, as |
| 538 | shown by the returns then on file in the office of the |
| 539 | supervisor of elections and the office of the county court |
| 540 | judge. |
| 541 | (7) If the unofficial returns reflect that a candidate for |
| 542 | any office was defeated or eliminated by one-half of a percent |
| 543 | or less of the votes cast for such office, that a candidate for |
| 544 | retention to a judicial office was retained or not retained by |
| 545 | one-half of a percent or less of the votes cast on the question |
| 546 | of retention, or that a measure appearing on the ballot was |
| 547 | approved or rejected by one-half of a percent or less of the |
| 548 | votes cast on such measure, the board responsible for certifying |
| 549 | the results of the vote on such race or measure shall order a |
| 550 | recount shall be ordered of the votes cast with respect to such |
| 551 | office or measure. The Secretary of State Elections Canvassing |
| 552 | Commission is the board responsible for ordering recounts in |
| 553 | federal, state, and multicounty races recounts. The county |
| 554 | canvassing board or the local board responsible for certifying |
| 555 | the election is responsible for ordering recounts in all other |
| 556 | races. A recount need not be ordered with respect to the returns |
| 557 | for any office, however, if the candidate or candidates defeated |
| 558 | or eliminated from contention for such office by one-half of a |
| 559 | percent or less of the votes cast for such office request in |
| 560 | writing that a recount not be made. |
| 561 | (a) Each canvassing board responsible for conducting a |
| 562 | recount shall put each marksense ballot through automatic |
| 563 | tabulating equipment and determine whether the returns correctly |
| 564 | reflect the votes cast. If any marksense ballot is physically |
| 565 | damaged so that it cannot be properly counted by the automatic |
| 566 | tabulating equipment during the recount, a true duplicate shall |
| 567 | be made of the damaged ballot pursuant to the procedures in s. |
| 568 | 101.5614(5). Immediately before the start of the recount, a test |
| 569 | of the tabulating equipment shall be conducted as provided in s. |
| 570 | 101.5612. If the test indicates no error, the recount tabulation |
| 571 | of the ballots cast shall be presumed correct and such votes |
| 572 | shall be canvassed accordingly. If an error is detected, the |
| 573 | cause therefor shall be ascertained and corrected and the |
| 574 | recount repeated, as necessary. The canvassing board shall |
| 575 | immediately report the error, along with the cause of the error |
| 576 | and the corrective measures being taken, to the Department of |
| 577 | State. No later than 11 days after the election, the canvassing |
| 578 | board shall file a separate incident report with the Department |
| 579 | of State, detailing the resolution of the matter and identifying |
| 580 | any measures that will avoid a future recurrence of the error. |
| 581 | (b) Each canvassing board responsible for conducting a |
| 582 | recount where touchscreen ballots were used shall examine the |
| 583 | counters on the precinct tabulators to ensure that the total of |
| 584 | the returns on the precinct tabulators equals the overall |
| 585 | election return. If there is a discrepancy between the overall |
| 586 | election return and the counters of the precinct tabulators, the |
| 587 | counters of the precinct tabulators shall be presumed correct |
| 588 | and such votes shall be canvassed accordingly. |
| 589 | (c) The canvassing board shall submit on forms or in |
| 590 | formats provided by the division a second set of unofficial |
| 591 | returns to the Department of State for each federal, statewide, |
| 592 | state, or multicounty office or ballot measure. The returns |
| 593 | shall be filed no later than 3 p.m. on the 5th fifth day after |
| 594 | any primary election and no later than 3 p.m. on the 9th ninth |
| 595 | day after any general election in which a recount was ordered by |
| 596 | the Secretary of State conducted pursuant to this subsection. If |
| 597 | the canvassing board is unable to complete the recount |
| 598 | prescribed in this subsection by the deadline, the second set of |
| 599 | unofficial returns submitted by the canvassing board shall be |
| 600 | identical to the initial unofficial returns and the submission |
| 601 | shall also include a detailed explanation of why it was unable |
| 602 | to timely complete the recount. However, the canvassing board |
| 603 | shall complete the recount prescribed in this subsection, along |
| 604 | with any manual recount prescribed in s. 102.166, and certify |
| 605 | election returns in accordance with the requirements of this |
| 606 | chapter. |
| 607 | (d) The Department of State shall adopt detailed rules |
| 608 | prescribing additional recount procedures for each certified |
| 609 | voting system, which shall be uniform to the extent practicable. |
| 610 | Section 13. Effective upon this act becoming a law, |
| 611 | subsection (1) of section 102.166, Florida Statutes, is amended |
| 612 | to read: |
| 613 | 102.166 Manual recounts of overvotes and undervotes.- |
| 614 | (1) If the second set of unofficial returns pursuant to s. |
| 615 | 102.141 indicates that a candidate for any office was defeated |
| 616 | or eliminated by one-quarter of a percent or less of the votes |
| 617 | cast for such office, that a candidate for retention to a |
| 618 | judicial office was retained or not retained by one-quarter of a |
| 619 | percent or less of the votes cast on the question of retention, |
| 620 | or that a measure appearing on the ballot was approved or |
| 621 | rejected by one-quarter of a percent or less of the votes cast |
| 622 | on such measure, the board responsible for certifying the |
| 623 | results of the vote on such race or measure shall order a manual |
| 624 | recount of the overvotes and undervotes cast in the entire |
| 625 | geographic jurisdiction of such office or ballot measure shall |
| 626 | be ordered unless:. A manual recount may not be ordered, |
| 627 | however, if |
| 628 | (a) The candidate or candidates defeated or eliminated |
| 629 | from contention by one-quarter of 1 percent or less of the votes |
| 630 | cast for such office request in writing that a recount not be |
| 631 | made; or |
| 632 | (b) The number of overvotes and, undervotes, and |
| 633 | provisional ballots is fewer than the number of votes needed to |
| 634 | change the outcome of the election. |
| 635 |
|
| 636 | The Secretary of State is responsible for ordering a manual |
| 637 | recount for federal, state, and multicounty races. The county |
| 638 | canvassing board or local board responsible for certifying the |
| 639 | election is responsible for ordering a manual recount for all |
| 640 | other races. |
| 641 | Section 14. Subsections (4) and (7) of section 106.03, |
| 642 | Florida Statutes, are amended to read: |
| 643 | 106.03 Registration of political committees.- |
| 644 | (4) Any change in information previously submitted in a |
| 645 | statement of organization shall be reported to the agency or |
| 646 | officer with whom the political such committee is registered |
| 647 | shall be reported required to register pursuant to subsection |
| 648 | (3), within 10 days after following the change. |
| 649 | (7) The Division of Elections shall adopt promulgate rules |
| 650 | to prescribe the manner in which inactive committees that fail |
| 651 | to file a report or information required pursuant to this |
| 652 | chapter or that fail to meet the criteria prescribed in s. |
| 653 | 106.011 may be dissolved and have their registration canceled. |
| 654 | Such rules shall, at a minimum, provide for: |
| 655 | (a) Notice which shall contain the facts and conduct which |
| 656 | warrant the intended action, including but not limited to |
| 657 | failure to file reports and limited activity. |
| 658 | (b) Adequate opportunity to respond. |
| 659 | (c) Appeal of the decision to the Florida Elections |
| 660 | Commission. Such appeals shall be exempt from the |
| 661 | confidentiality provisions of s. 106.25. |
| 662 | Section 15. Subsection (4) of section 106.04, Florida |
| 663 | Statutes, is amended, present subsections (7) and (8) of that |
| 664 | section are amended and renumbered as subsections (8) and (9), |
| 665 | respectively, and a new subsection (7) is added to that section, |
| 666 | to read: |
| 667 | 106.04 Committees of continuous existence.- |
| 668 | (4)(a) Each committee of continuous existence shall file |
| 669 | an annual report with the Division of Elections during the month |
| 670 | of January. Such annual reports shall contain the same |
| 671 | information and shall be accompanied by the same materials as |
| 672 | original applications filed pursuant to subsection (2). However, |
| 673 | the charter or bylaws need not be filed if the annual report is |
| 674 | accompanied by a sworn statement by the chair that no changes |
| 675 | have been made to such charter or bylaws since the last filing. |
| 676 | (b)1. Each committee of continuous existence shall file |
| 677 | regular reports with the Division of Elections pursuant to s. |
| 678 | 106.0705 at the same times and subject to the same filing |
| 679 | conditions as are established by s. 106.07(1) and (2) for |
| 680 | candidates' reports. In addition, when a special election is |
| 681 | called to fill a vacancy in office, all committees of continuous |
| 682 | existence making contributions or expenditures to influence the |
| 683 | results of the special election or the preceding special primary |
| 684 | election must file campaign treasurers' reports with the filing |
| 685 | officer on the dates set by the Department of State pursuant to |
| 686 | s. 100.111. |
| 687 | 2. A committee of continuous existence that makes a |
| 688 | contribution or an expenditure in connection with a county or |
| 689 | municipal election that is not being held at the same time as a |
| 690 | state or federal election must also file campaign finance |
| 691 | reports with the county or municipal filing officer on the same |
| 692 | dates as county or municipal candidates or committees for that |
| 693 | election. The committee of continuous existence must include the |
| 694 | contribution or expenditure in the next report filed with the |
| 695 | Division of Elections pursuant to this section after the county |
| 696 | or municipal election. |
| 697 | 3.2. Any committee of continuous existence failing to so |
| 698 | file a report with the Division of Elections or applicable |
| 699 | filing officer pursuant to this paragraph on the designated due |
| 700 | date shall be subject to a fine for late filing as provided by |
| 701 | this section. |
| 702 | (c) All committees of continuous existence shall file |
| 703 | their reports with the Division of Elections. Reports filed |
| 704 | pursuant to paragraph (b) must shall be filed in accordance with |
| 705 | s. 106.0705 and shall contain the following information: |
| 706 | 1. The full name, address, and occupation of each person |
| 707 | who has made one or more contributions, including contributions |
| 708 | that represent the payment of membership dues, to the committee |
| 709 | during the reporting period, together with the amounts and dates |
| 710 | of such contributions. For corporations, the report must provide |
| 711 | as clear a description as practicable of the principal type of |
| 712 | business conducted by the corporation. However, if the |
| 713 | contribution is $100 or less, the occupation of the contributor |
| 714 | or principal type of business need not be listed. However, for |
| 715 | any contributions that represent the payment of dues by members |
| 716 | in a fixed amount aggregating no more than $250 per calendar |
| 717 | year, pursuant to the schedule on file with the Division of |
| 718 | Elections, only the aggregate amount of such contributions need |
| 719 | be listed, together with the number of members paying such dues |
| 720 | and the amount of the membership dues. |
| 721 | 2. The name and address of each political committee or |
| 722 | committee of continuous existence from which the reporting |
| 723 | committee received, or the name and address of each political |
| 724 | committee, committee of continuous existence, or political party |
| 725 | to which it made, any transfer of funds, together with the |
| 726 | amounts and dates of all transfers. |
| 727 | 3. Any other receipt of funds not listed pursuant to |
| 728 | subparagraph 1. or subparagraph 2., including the sources and |
| 729 | amounts of all such funds. |
| 730 | 4. The name and address of, and office sought by, each |
| 731 | candidate to whom the committee has made a contribution during |
| 732 | the reporting period, together with the amount and date of each |
| 733 | contribution. |
| 734 | 5. The full name and address of each person to whom |
| 735 | expenditures have been made by or on behalf of the committee |
| 736 | within the reporting period; the amount, date, and purpose of |
| 737 | each such expenditure; and the name and address, and office |
| 738 | sought by, each candidate on whose behalf such expenditure was |
| 739 | made. |
| 740 | 6. The full name and address of each person to whom an |
| 741 | expenditure for personal services, salary, or reimbursement for |
| 742 | authorized expenses has been made, including the full name and |
| 743 | address of each entity to whom the person made payment for which |
| 744 | reimbursement was made by check drawn upon the committee |
| 745 | account, together with the amount and purpose of such payment. |
| 746 | 7. Transaction information from each credit card purchase |
| 747 | statement that will be included in the next report following |
| 748 | receipt thereof by the committee. Receipts for each credit card |
| 749 | purchase shall be retained by the treasurer with the records for |
| 750 | the committee account. |
| 751 | 8. The total sum of expenditures made by the committee |
| 752 | during the reporting period. |
| 753 | (d) The treasurer of each committee shall certify as to |
| 754 | the correctness of each report and shall bear the responsibility |
| 755 | for its accuracy and veracity. Any treasurer who willfully |
| 756 | certifies to the correctness of a report while knowing that such |
| 757 | report is incorrect, false, or incomplete commits a misdemeanor |
| 758 | of the first degree, punishable as provided in s. 775.082 or s. |
| 759 | 775.083. |
| 760 | (7) Any change in information previously submitted to the |
| 761 | division must be reported within 10 days after the change. |
| 762 | (8)(7) If a committee of continuous existence ceases to |
| 763 | meet the criteria prescribed by subsection (1) or fails to file |
| 764 | a report or information required pursuant to this chapter, the |
| 765 | Division of Elections shall revoke its certification until such |
| 766 | time as the criteria are again met. The Division of Elections |
| 767 | shall adopt promulgate rules to prescribe the manner in which |
| 768 | the such certification of a committee of continuous existence |
| 769 | shall be revoked. Such rules shall, at a minimum, provide for: |
| 770 | (a) Notice, which must shall contain the facts and conduct |
| 771 | that warrant the intended action. |
| 772 | (b) Adequate opportunity to respond. |
| 773 | (c) Appeal of the decision to the Florida Elections |
| 774 | Commission. Such appeals are shall be exempt from the |
| 775 | confidentiality provisions of s. 106.25. |
| 776 | (9)(8)(a) Any committee of continuous existence failing to |
| 777 | file a report on the designated due date is shall be subject to |
| 778 | a fine. The fine shall be $50 per day for the first 3 days late |
| 779 | and, thereafter, $500 per day for each late day, not to exceed |
| 780 | 25 percent of the total receipts or expenditures, whichever is |
| 781 | greater, for the period covered by the late report. However, for |
| 782 | the reports immediately preceding each primary and general |
| 783 | election, including a special primary election and a special |
| 784 | general election, the fine shall be $500 per day for each late |
| 785 | day, not to exceed 25 percent of the total receipts or |
| 786 | expenditures, whichever is greater, for the period covered by |
| 787 | the late report. The fine shall be assessed by the filing |
| 788 | officer, and the moneys collected shall be deposited: |
| 789 | 1. In the General Revenue Fund, in the case of fines |
| 790 | collected by the Division of Elections. |
| 791 | 2. In the general revenue fund of the political |
| 792 | subdivision, in the case of fines collected by a county or |
| 793 | municipal filing officer No separate fine shall be assessed for |
| 794 | failure to file a copy of any report required by this section. |
| 795 | (b) Upon determining that a report is late, the filing |
| 796 | officer shall immediately notify the treasurer of the committee |
| 797 | or the committee's registered agent as to the failure to file a |
| 798 | report by the designated due date and that a fine is being |
| 799 | assessed for each late day. Upon receipt of the report, the |
| 800 | filing officer shall determine the amount of fine which is due |
| 801 | and shall notify the treasurer of the committee. Notice is |
| 802 | deemed sufficient upon proof of delivery of written notice to |
| 803 | the mailing or street address on record with the filing officer. |
| 804 | The filing officer shall determine the amount of the fine due |
| 805 | based upon the earliest of the following: |
| 806 | 1. When the report is actually received by such officer. |
| 807 | 2. When the report is postmarked. |
| 808 | 3. When the certificate of mailing is dated. |
| 809 | 4. When the receipt from an established courier company is |
| 810 | dated. |
| 811 |
|
| 812 | Such fine shall be paid to the filing officer within 20 days |
| 813 | after receipt of the notice of payment due, unless appeal is |
| 814 | made to the Florida Elections Commission pursuant to paragraph |
| 815 | (c). An officer or member of a committee is shall not be |
| 816 | personally liable for such fine. |
| 817 | (c) Any treasurer of a committee may appeal or dispute the |
| 818 | fine, based upon unusual circumstances surrounding the failure |
| 819 | to file on the designated due date, and may request and is shall |
| 820 | be entitled to a hearing before the Florida Elections |
| 821 | Commission, which may shall have the authority to waive the fine |
| 822 | in whole or in part. Any such request must shall be made within |
| 823 | 20 days after receipt of the notice of payment due. In such |
| 824 | case, the treasurer of The committee shall file a copy of the |
| 825 | appeal with, within the 20-day period, notify the filing officer |
| 826 | in writing of his or her intention to bring the matter before |
| 827 | the commission. |
| 828 | (d) The filing officer shall notify the Florida Elections |
| 829 | Commission of the repeated late filing by a committee of |
| 830 | continuous existence, the failure of a committee of continuous |
| 831 | existence to file a report after notice, or the failure to pay |
| 832 | the fine imposed. |
| 833 | Section 16. Paragraph (b) of subsection (2), subsections |
| 834 | (3) and (4), and paragraph (b) of subsection (8) of section |
| 835 | 106.07, Florida Statutes, are amended to read: |
| 836 | 106.07 Reports; certification and filing.- |
| 837 | (2) |
| 838 | (b)1. Any report which is deemed to be incomplete by the |
| 839 | officer with whom the candidate qualifies shall be accepted on a |
| 840 | conditional basis., and The campaign treasurer shall be notified |
| 841 | by certified registered mail, or other common carrier that can |
| 842 | establish proof of delivery for the notice, as to why the report |
| 843 | is incomplete. and Within 7 be given 3 days after from receipt |
| 844 | of such notice, the campaign treasurer must to file an addendum |
| 845 | to the report providing all information necessary to complete |
| 846 | the report in compliance with this section. Failure to file a |
| 847 | complete report after such notice constitutes a violation of |
| 848 | this chapter. |
| 849 | 2. Notice is deemed sufficient upon proof of delivery of |
| 850 | written notice to the mailing or street address of the campaign |
| 851 | treasurer or registered agent on record with the filing officer. |
| 852 | In lieu of the notice by registered mail as required in |
| 853 | subparagraph 1., the qualifying officer may notify the campaign |
| 854 | treasurer by telephone that the report is incomplete and request |
| 855 | the information necessary to complete the report. If, however, |
| 856 | such information is not received by the qualifying officer |
| 857 | within 3 days after the telephone request therefor, notice shall |
| 858 | be sent by registered mail as provided in subparagraph 1. |
| 859 | (3)(a) Reports required of a political committee shall be |
| 860 | filed with the agency or officer before whom such committee |
| 861 | registers pursuant to s. 106.03(3) and shall be subject to the |
| 862 | same filing conditions as established for candidates' reports. |
| 863 | Incomplete reports by political committees shall be treated in |
| 864 | the manner provided for incomplete reports by candidates in |
| 865 | subsection (2). |
| 866 | (b) In addition to the reports required by paragraph (a), |
| 867 | a political committee that is registered with the Department of |
| 868 | State and that makes a contribution or expenditure in connection |
| 869 | with a county or municipal election that is not being held at |
| 870 | the same time as a state or federal election must file campaign |
| 871 | finance reports with the county or municipal filing officer on |
| 872 | the same dates as county or municipal candidates or committees |
| 873 | for that election. The political committee must also include the |
| 874 | contribution or expenditure in the next report filed with the |
| 875 | Division of Elections pursuant to this section following the |
| 876 | county or municipal election. |
| 877 | (4)(a) Each report required by this section must shall |
| 878 | contain: |
| 879 | 1. The full name, address, and occupation, if any of each |
| 880 | person who has made one or more contributions to or for such |
| 881 | committee or candidate within the reporting period, together |
| 882 | with the amount and date of such contributions. For |
| 883 | corporations, the report must provide as clear a description as |
| 884 | practicable of the principal type of business conducted by the |
| 885 | corporation. However, if the contribution is $100 or less or is |
| 886 | from a relative, as defined in s. 112.312, provided that the |
| 887 | relationship is reported, the occupation of the contributor or |
| 888 | the principal type of business need not be listed. |
| 889 | 2. The name and address of each political committee from |
| 890 | which the reporting committee or the candidate received, or to |
| 891 | which the reporting committee or candidate made, any transfer of |
| 892 | funds, together with the amounts and dates of all transfers. |
| 893 | 3. Each loan for campaign purposes to or from any person |
| 894 | or political committee within the reporting period, together |
| 895 | with the full names, addresses, and occupations, and principal |
| 896 | places of business, if any, of the lender and endorsers, if any, |
| 897 | and the date and amount of such loans. |
| 898 | 4. A statement of each contribution, rebate, refund, or |
| 899 | other receipt not otherwise listed under subparagraphs 1. |
| 900 | through 3. |
| 901 | 5. The total sums of all loans, in-kind contributions, and |
| 902 | other receipts by or for such committee or candidate during the |
| 903 | reporting period. The reporting forms shall be designed to |
| 904 | elicit separate totals for in-kind contributions, loans, and |
| 905 | other receipts. |
| 906 | 6. The full name and address of each person to whom |
| 907 | expenditures have been made by or on behalf of the committee or |
| 908 | candidate within the reporting period; the amount, date, and |
| 909 | purpose of each such expenditure; and the name and address of, |
| 910 | and office sought by, each candidate on whose behalf such |
| 911 | expenditure was made. However, expenditures made from the petty |
| 912 | cash fund provided by s. 106.12 need not be reported |
| 913 | individually. |
| 914 | 7. The full name and address of each person to whom an |
| 915 | expenditure for personal services, salary, or reimbursement for |
| 916 | authorized expenses as provided in s. 106.021(3) has been made |
| 917 | and which is not otherwise reported, including the amount, date, |
| 918 | and purpose of such expenditure. However, expenditures made from |
| 919 | the petty cash fund provided for in s. 106.12 need not be |
| 920 | reported individually. |
| 921 | 8. The total amount withdrawn and the total amount spent |
| 922 | for petty cash purposes pursuant to this chapter during the |
| 923 | reporting period. |
| 924 | 9. The total sum of expenditures made by such committee or |
| 925 | candidate during the reporting period. |
| 926 | 10. The amount and nature of debts and obligations owed by |
| 927 | or to the committee or candidate, which relate to the conduct of |
| 928 | any political campaign. |
| 929 | 11. Transaction information for each credit card purchase. |
| 930 | A copy of each credit card statement which shall be included in |
| 931 | the next report following receipt thereof by the candidate or |
| 932 | political committee. Receipts for each credit card purchase |
| 933 | shall be retained by the treasurer with the records for the |
| 934 | campaign account. |
| 935 | 12. The amount and nature of any separate interest-bearing |
| 936 | accounts or certificates of deposit and identification of the |
| 937 | financial institution in which such accounts or certificates of |
| 938 | deposit are located. |
| 939 | 13. The primary purposes of an expenditure made indirectly |
| 940 | through a campaign treasurer pursuant to s. 106.021(3) for goods |
| 941 | and services such as communications media placement or |
| 942 | procurement services, campaign signs, insurance, and other |
| 943 | expenditures that include multiple components as part of the |
| 944 | expenditure. The primary purpose of an expenditure shall be that |
| 945 | purpose, including integral and directly related components, |
| 946 | that comprises 80 percent of such expenditure. |
| 947 | (b) The filing officer shall make available to any |
| 948 | candidate or committee a reporting form which the candidate or |
| 949 | committee may use to indicate contributions received by the |
| 950 | candidate or committee but returned to the contributor before |
| 951 | deposit. |
| 952 | (8) |
| 953 | (b) Upon determining that a report is late, the filing |
| 954 | officer shall immediately notify the candidate or chair of the |
| 955 | political committee as to the failure to file a report by the |
| 956 | designated due date and that a fine is being assessed for each |
| 957 | late day. The fine shall be $50 per day for the first 3 days |
| 958 | late and, thereafter, $500 per day for each late day, not to |
| 959 | exceed 25 percent of the total receipts or expenditures, |
| 960 | whichever is greater, for the period covered by the late report. |
| 961 | However, for the reports immediately preceding each primary and |
| 962 | general election, the fine shall be $500 per day for each late |
| 963 | day, not to exceed 25 percent of the total receipts or |
| 964 | expenditures, whichever is greater, for the period covered by |
| 965 | the late report. For reports required under s. 106.141(7), the |
| 966 | fine is $50 per day for each late day, not to exceed 25 percent |
| 967 | of the total receipts or expenditures, whichever is greater, for |
| 968 | the period covered by the late report. Upon receipt of the |
| 969 | report, the filing officer shall determine the amount of the |
| 970 | fine which is due and shall notify the candidate or chair or |
| 971 | registered agent of the political committee. The filing officer |
| 972 | shall determine the amount of the fine due based upon the |
| 973 | earliest of the following: |
| 974 | 1. When the report is actually received by such officer. |
| 975 | 2. When the report is postmarked. |
| 976 | 3. When the certificate of mailing is dated. |
| 977 | 4. When the receipt from an established courier company is |
| 978 | dated. |
| 979 | 5. When the electronic receipt issued pursuant to s. |
| 980 | 106.0705 or other electronic filing system authorized in this |
| 981 | section is dated. |
| 982 |
|
| 983 | Such fine shall be paid to the filing officer within 20 days |
| 984 | after receipt of the notice of payment due, unless appeal is |
| 985 | made to the Florida Elections Commission pursuant to paragraph |
| 986 | (c). Notice is deemed sufficient upon proof of delivery of |
| 987 | written notice to the mailing or street address on record with |
| 988 | the filing officer. In the case of a candidate, such fine shall |
| 989 | not be an allowable campaign expenditure and shall be paid only |
| 990 | from personal funds of the candidate. An officer or member of a |
| 991 | political committee shall not be personally liable for such |
| 992 | fine. |
| 993 | Section 17. Subsection (3) of section 106.0705, Florida |
| 994 | Statutes, is amended to read: |
| 995 | 106.0705 Electronic filing of campaign treasurer's |
| 996 | reports.- |
| 997 | (3) Reports filed pursuant to this section shall be |
| 998 | completed and filed through the electronic filing system not |
| 999 | later than midnight of the day designated. Reports not filed by |
| 1000 | midnight of the day designated are late filed and are subject to |
| 1001 | the penalties under s. 106.04(9) s. 106.04(8), s. 106.07(8), or |
| 1002 | s. 106.29(3), as applicable. |
| 1003 | Section 18. Subsection (6) is added to section 106.11, |
| 1004 | Florida Statutes, to read: |
| 1005 | 106.11 Expenses of and expenditures by candidates and |
| 1006 | political committees.-Each candidate and each political |
| 1007 | committee which designates a primary campaign depository |
| 1008 | pursuant to s. 106.021(1) shall make expenditures from funds on |
| 1009 | deposit in such primary campaign depository only in the |
| 1010 | following manner, with the exception of expenditures made from |
| 1011 | petty cash funds provided by s. 106.12: |
| 1012 | (6) A candidate who made a loan to his or her campaign and |
| 1013 | reported the loan as required by s. 106.07 may be reimbursed for |
| 1014 | the loan at any time the campaign account has sufficient funds |
| 1015 | to repay the loan and satisfy its other obligations. |
| 1016 | Section 19. Subsections (1) and (2) of section 106.143, |
| 1017 | Florida Statutes, are amended to read: |
| 1018 | 106.143 Political advertisements circulated prior to |
| 1019 | election; requirements.- |
| 1020 | (1)(a) Any political advertisement that is paid for by a |
| 1021 | candidate and that is published, displayed, or circulated prior |
| 1022 | to, or on the day of, any election must prominently state: |
| 1023 | "Political advertisement paid for and approved by ...(name of |
| 1024 | candidate)..., ...(party affiliation)..., for ...(office |
| 1025 | sought)...." or "Pol. adv. pd. for and approved by ...(name of |
| 1026 | candidate)..., ...(party affiliation)..., for ...(office |
| 1027 | sought)...." A candidate seeking nonpartisan office shall omit |
| 1028 | the reference to party affiliation in all disclaimers. |
| 1029 | (b) Any other political advertisement published, |
| 1030 | displayed, or circulated prior to, or on the day of, any |
| 1031 | election must prominently: |
| 1032 | 1. Be marked "paid political advertisement" or with the |
| 1033 | abbreviation "pd. pol. adv." |
| 1034 | 2. State the name and address of the persons sponsoring |
| 1035 | the advertisement. |
| 1036 | 3.a.(I) State whether the advertisement and the cost of |
| 1037 | production is paid for or provided in kind by or at the expense |
| 1038 | of the entity publishing, displaying, broadcasting, or |
| 1039 | circulating the political advertisement; or |
| 1040 | (II) State who provided or paid for the advertisement and |
| 1041 | cost of production, if different from the source of sponsorship. |
| 1042 | b. This subparagraph does not apply if the source of the |
| 1043 | sponsorship is patently clear from the content or format of the |
| 1044 | political advertisement. |
| 1045 | (c) Any political advertisement made pursuant to s. |
| 1046 | 106.021(3)(d) must be marked "paid political advertisement" or |
| 1047 | with the abbreviation "pd. pol. adv." and must prominently |
| 1048 | state, "Paid for and sponsored by ...(name of person paying for |
| 1049 | political advertisement).... Approved by ...(names of persons, |
| 1050 | party affiliation, and offices sought in the political |
| 1051 | advertisement)...." |
| 1052 |
|
| 1053 | This subsection does not apply to campaign messages used by a |
| 1054 | candidate and the candidate's supporters if those messages are |
| 1055 | designed to be worn by a person. |
| 1056 | (2) Any political advertisement of a candidate running for |
| 1057 | partisan office shall express the name of the political party of |
| 1058 | which the candidate is seeking nomination or is the nominee. If |
| 1059 | the candidate for partisan office is running as a candidate with |
| 1060 | no party affiliation, any political advertisement of the |
| 1061 | candidate must state that the candidate has no party |
| 1062 | affiliation. A candidate running for a nonpartisan office must |
| 1063 | exclude the candidate's political party affiliation from any |
| 1064 | political advertisement. |
| 1065 | Section 20. Paragraph (b) of subsection (3) of section |
| 1066 | 106.29, Florida Statutes, is amended to read: |
| 1067 | 106.29 Reports by political parties; restrictions on |
| 1068 | contributions and expenditures; penalties.- |
| 1069 | (3) |
| 1070 | (b) Upon determining that a report is late, the filing |
| 1071 | officer shall immediately notify the chair of the executive |
| 1072 | committee as to the failure to file a report by the designated |
| 1073 | due date and that a fine is being assessed for each late day. |
| 1074 | The fine shall be $1,000 for a state executive committee, and |
| 1075 | $50 for a county executive committee, per day for each late day, |
| 1076 | not to exceed 25 percent of the total receipts or expenditures, |
| 1077 | whichever is greater, for the period covered by the late report. |
| 1078 | However, if an executive committee fails to file a report on the |
| 1079 | Friday immediately preceding the general election, the fine |
| 1080 | shall be $10,000 per day for each day a state executive |
| 1081 | committee is late and $500 per day for each day a county |
| 1082 | executive committee is late. Upon receipt of the report, the |
| 1083 | filing officer shall determine the amount of the fine which is |
| 1084 | due and shall notify the chair. Notice is deemed sufficient upon |
| 1085 | proof of delivery of written notice to the mailing or street |
| 1086 | address on record with the filing officer. The filing officer |
| 1087 | shall determine the amount of the fine due based upon the |
| 1088 | earliest of the following: |
| 1089 | 1. When the report is actually received by such officer. |
| 1090 | 2. When the report is postmarked. |
| 1091 | 3. When the certificate of mailing is dated. |
| 1092 | 4. When the receipt from an established courier company is |
| 1093 | dated. |
| 1094 | 5. When the electronic receipt issued pursuant to s. |
| 1095 | 106.0705 is dated. |
| 1096 |
|
| 1097 | Such fine shall be paid to the filing officer within 20 days |
| 1098 | after receipt of the notice of payment due, unless appeal is |
| 1099 | made to the Florida Elections Commission pursuant to paragraph |
| 1100 | (c). An officer or member of an executive committee shall not be |
| 1101 | personally liable for such fine. |
| 1102 | Section 21. Subsection (11) of section 379.352, Florida |
| 1103 | Statutes, is amended to read: |
| 1104 | 379.352 Recreational licenses, permits, and authorization |
| 1105 | numbers to take wild animal life, freshwater aquatic life, and |
| 1106 | marine life; issuance; costs; reporting.- |
| 1107 | (11) When acting in its official capacity pursuant to this |
| 1108 | section, neither the commission nor a subagent is deemed a |
| 1109 | third-party registration organization, as defined in s. |
| 1110 | 97.021(37) s. 97.021(36), or a voter registration agency, as |
| 1111 | defined in s. 97.021(41) 97.021(40), and is not authorized to |
| 1112 | solicit, accept, or collect voter registration applications or |
| 1113 | provide voter registration services. |
| 1114 | Section 22. Except as otherwise expressly provided in this |
| 1115 | act and except for this section, which shall take effect upon |
| 1116 | this act becoming a law, this act shall take effect January 1, |
| 1117 | 2011. |