| 1 | Representative Thurston offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 2443 and 2444, insert: |
| 5 | Section 44. Subsections (4) and (5) of section 105.031, |
| 6 | Florida Statutes, are amended to read: |
| 7 | 105.031 Qualification; filing fee; candidate's oath; items |
| 8 | required to be filed.- |
| 9 | (4) CANDIDATE'S OATH.- |
| 10 | (a) All candidates for the office of school board member |
| 11 | shall subscribe to the oath as prescribed in s. 99.021. |
| 12 | (b) All candidates for judicial office shall subscribe to |
| 13 | an oath or affirmation in writing to be filed with the |
| 14 | appropriate qualifying officer upon qualifying. A printed copy |
| 15 | of the oath or affirmation shall be furnished to the candidate |
| 16 | by the qualifying officer and shall be in substantially the |
| 17 | following form: |
| 18 |
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| 19 | State of Florida |
| 20 | County of .... |
| 21 |
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| 22 | Before me, an officer authorized to administer oaths, |
| 23 | personally appeared ...(please print official bar name of the |
| 24 | candidate as it appears in the records of The Florida Bar name |
| 25 | as you wish it to appear on the ballot)..., to me well known, |
| 26 | who, being sworn, says he or she: is a candidate for the |
| 27 | judicial office of ....; that his or her legal residence is .... |
| 28 | County, Florida; that he or she is a qualified elector of the |
| 29 | state and of the territorial jurisdiction of the court to which |
| 30 | he or she seeks election; that he or she is qualified under the |
| 31 | constitution and laws of Florida to hold the judicial office to |
| 32 | which he or she desires to be elected or in which he or she |
| 33 | desires to be retained; that he or she has taken the oath |
| 34 | required by ss. 876.05-876.10, Florida Statutes; that he or she |
| 35 | has qualified for no other public office in the state, the term |
| 36 | of which office or any part thereof runs concurrent to the |
| 37 | office he or she seeks; and that he or she has resigned from any |
| 38 | office which he or she is required to resign pursuant to s. |
| 39 | 99.012, Florida Statutes. |
| 40 |
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| 41 | ...(Signature of candidate)... |
| 42 | ...(Address)... |
| 43 |
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| 44 | Sworn to and subscribed before me this .... day of ...., |
| 45 | ...(year)..., at .... County, Florida. |
| 46 |
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| 47 | ...(Signature and title of officer administering oath)... |
| 48 |
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| 49 | (5) ITEMS REQUIRED TO BE FILED.- |
| 50 | (a) In order for a candidate for judicial office or the |
| 51 | office of school board member to be qualified, the following |
| 52 | items must be received by the filing officer by the end of the |
| 53 | qualifying period: |
| 54 | 1. Except for candidates for retention to judicial office, |
| 55 | a properly executed check drawn upon the candidate's campaign |
| 56 | account in an amount not less than the fee required by |
| 57 | subsection (3) or, in lieu thereof, the copy of the notice of |
| 58 | obtaining ballot position pursuant to s. 105.035. If a |
| 59 | candidate's check is returned by the bank for any reason, the |
| 60 | filing officer shall immediately notify the candidate and the |
| 61 | candidate shall, the end of qualifying notwithstanding, have 48 |
| 62 | hours from the time such notification is received, excluding |
| 63 | Saturdays, Sundays, and legal holidays, to pay the fee with a |
| 64 | cashier's check purchased from funds of the campaign account. |
| 65 | Failure to pay the fee as provided in this subparagraph shall |
| 66 | disqualify the candidate. |
| 67 | 2. The candidate's oath required by subsection (4), which |
| 68 | must contain the official bar name of the candidate as it |
| 69 | appears in the records of The Florida Bar is to appear on the |
| 70 | ballot; the office sought, including the district or group |
| 71 | number if applicable; and the signature of the candidate, duly |
| 72 | acknowledged. |
| 73 | 3. The loyalty oath required by s. 876.05, signed by the |
| 74 | candidate and duly acknowledged. |
| 75 | 4. The completed form for the appointment of campaign |
| 76 | treasurer and designation of campaign depository, as required by |
| 77 | s. 106.021. In addition, each candidate for judicial office, |
| 78 | including an incumbent judge, shall file a statement with the |
| 79 | qualifying officer, within 10 days after filing the appointment |
| 80 | of campaign treasurer and designation of campaign depository, |
| 81 | stating that the candidate has read and understands the |
| 82 | requirements of the Florida Code of Judicial Conduct. Such |
| 83 | statement shall be in substantially the following form: |
| 84 |
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| 85 | Statement of Candidate for Judicial Office |
| 86 |
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| 87 | I, ...(name of candidate)..., a judicial candidate, have |
| 88 | received, read, and understand the requirements of the Florida |
| 89 | Code of Judicial Conduct. |
| 90 | ...(Signature of candidate)... |
| 91 | ...(Date)... |
| 92 | 5. The full and public disclosure of financial interests |
| 93 | required by s. 8, Art. II of the State Constitution or the |
| 94 | statement of financial interests required by s. 112.3145, |
| 95 | whichever is applicable. A public officer who has filed the full |
| 96 | and public disclosure or statement of financial interests with |
| 97 | the Commission on Ethics or the supervisor of elections prior to |
| 98 | qualifying for office may file a copy of that disclosure at the |
| 99 | time of qualifying. |
| 100 | (b) If the filing officer receives qualifying papers that |
| 101 | do not include all items as required by paragraph (a) prior to |
| 102 | the last day of qualifying, the filing officer shall make a |
| 103 | reasonable effort to notify the candidate of the missing or |
| 104 | incomplete items and shall inform the candidate that all |
| 105 | required items must be received by the close of qualifying. A |
| 106 | candidate's name as it is to appear on the ballot may not be |
| 107 | changed after the end of qualifying. |
| 108 | Section 45. Subsection (2) of section 105.041, Florida |
| 109 | Statutes, is amended to read: |
| 110 | 105.041 Form of ballot.- |
| 111 | (2) LISTING OF CANDIDATES.- |
| 112 | (a) The order of nonpartisan offices appearing on the |
| 113 | ballot shall be determined by the Department of State. The names |
| 114 | of candidates for election to each nonpartisan office shall be |
| 115 | determined by lot and listed in such order on the ballot from |
| 116 | first to last listed in alphabetical order. When two or more |
| 117 | candidates running for the same office have the same or a |
| 118 | similar surname, the word "incumbent" shall appear next to the |
| 119 | incumbent's name. |
| 120 | (b) With respect to retention of justices and judges, the |
| 121 | question "Shall Justice (or Judge) (name of justice or judge) of |
| 122 | the (name of the court) be retained in office?" shall appear on |
| 123 | the ballot in alphabetical order and thereafter the words "Yes" |
| 124 | and "No." |
| 125 |
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| 126 |
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| 127 | ----------------------------------------------------- |
| 128 | T I T L E A M E N D M E N T |
| 129 | Between lines 209 and 210, insert: |
| 130 | amending s. 105.031, F.S.; requiring judicial candidates to use |
| 131 | their official bar name when qualifying for office and for |
| 132 | listing on the ballot; amending s. 105.041, F.S.; specifying how |
| 133 | the names of judicial candidates shall be listed on the ballot; |