CS/CS/HB 1355

1	A bill to be entitled
2	An act relating to elections; amending s. 97.012, F.S.;
3	expanding the list of responsibilities of the Secretary of
4	State when acting in his or her capacity as chief election
5	officer; amending s. 97.021, F.S.; revising the definition
6	of "minor political party"; amending s. 97.025, F.S.;
7	revising methods of publication and distribution of the
8	Florida Election Code pamphlet to candidates qualifying
9	with the Department of State; amending s. 97.0575, F.S.;
10	requiring that third-party voter registration
11	organizations register with the Division of Elections and
12	provide the division with certain information; requiring
13	that the division or a supervisor of elections make voter
14	registration forms available to third-party voter
15	registration organizations; requiring that such forms
16	contain certain information; requiring that the division
17	maintain a database of certain information; requiring
18	supervisors of elections to provide specified information
19	to the division in a format and at times required by the
20	division; requiring that such information be updated and
21	made public daily at a specified time; requiring third-
22	party voter registration organizations to deliver
23	collected voter registration applications within a
24	specified period; revising penalty provisions to conform;
25	specifying grounds for an affirmative defense to a
26	violation of timely submission requirements; providing for
27	the referral of violations to the Attorney General;
28	authorizing the Attorney General to initiate a civil
29	action; providing that an action for relief may include a
30	permanent or temporary injunction, a restraining order, or
31	any other appropriate order; requiring that the division
32	adopt rules for specified purposes; amending s. 97.071,
33	F.S.; requiring that voter information cards contain the
34	address of the polling place of the registered voter;
35	requiring a supervisor of elections to issue a new voter
36	information card to a voter upon a change in a voter's
37	address of legal residence or a change in a voter's
38	polling place address; amending s. 97.073, F.S.; requiring
39	a supervisor to notify an applicant within 5 business days
40	regarding disposition of the voter registration
41	applications; amending s. 97.1031, F.S.; requiring an
42	elector to notify the supervisor of elections when he or
43	she changes his or her residence address; providing a
44	voter with various options for providing address updates;
45	revising notice requirements for any change in party
46	affiliation; amending s. 98.075, F.S.; requiring a
47	supervisor of elections to remove a registered voter from
48	the statewide voter registration system upon certain
49	notice; providing bases for ineligibility; amending
50	98.093, F.S.; requiring the Florida Parole Commission and
51	the Department of Corrections to provide specified data
52	for the updating of the statewide voter registration
53	system regarding convicted felons; amending s. 98.0981,
54	F.S.; providing timeframes and formats for voting history
55	information to be sent by the supervisors of elections to
56	the department; providing timeframes and formats for
57	voting history information to be sent by the department to
58	the President of the Senate, the Speaker of the House of
59	Representatives, and the respective minority leaders;
60	requiring submission of precinct-level information in a
61	certain format by a time certain; amending s. 99.012,
62	F.S., relating to restrictions on individuals qualifying
63	for public office; providing that if a final court order
64	determines that a person did not comply with specific
65	provisions of the section the person is not qualified as a
66	candidate and his or her name may not appear on ballot;
67	providing for nonapplicability to presidential and vice
68	presidential candidates; amending s. 99.021, F.S.;
69	revising the candidate oath requirement for a person
70	seeking to qualify for nomination or election or as a
71	candidate of a political party; removing requirement for
72	qualifying officer to give printed copy of candidate oath;
73	removing requirement for taking public employee oath;
74	providing exceptions for certain candidates taking other
75	oaths; amending s. 99.061, F.S.; revising timeframe for
76	candidate to pay qualifying fee under certain
77	circumstances; requiring checks to be payable as
78	prescribed by filing officer; requiring notarized
79	signature on certain oaths; removing requirement for
80	public employee oath; requiring filing of a notarized
81	financial disclosure; clarifying time for qualifying
82	papers to be received; providing that qualifying officer
83	performs ministerial duty only; exempting qualifying
84	officer decision from Administrative Procedures Act;
85	amending s. 99.063, F.S.; removing the requirement that a
86	candidate swear a public employee loyalty oath; amending
87	s. 99.093, F.S.; remitting assessments directly to the
88	Florida Elections Commissions rather than passing through
89	the department; amending s. 99.095, F.S.; allowing certain
90	individuals seeking county or district office in a year of
91	apportionment to obtain signatures countywide; amending s.
92	99.097, F.S.; clarifying that the supervisor of elections
93	checks more than signatures on petition forms; clarifying
94	rulemaking authority of the department relating to
95	petitions; prohibiting certain random sampling method of
96	petition verification for constitutional amendments
97	petitions; providing for invalidity of undue burden oaths
98	under specified circumstances; providing for certain funds
99	to be used to reimburse a supervisor of elections for
100	signature verification fees not previously paid when an
101	undue burden oath is held invalid; amending s. 100.061,
102	F.S.; revising the primary election date; amending s.
103	100.111, F.S.; providing notification requirements and
104	procedures for filling a vacancy in nomination for certain
105	offices; deleting the definition of the term "district
106	political party executive committee"; providing that a
107	vacancy in nomination is not created if an order of a
108	court that has become final determines the nominee did not
109	properly qualify or does not meet the necessary
110	qualifications to hold the office sought; amending s.
111	100.371, F.S.; providing that signatures on an initiative
112	petition are valid for 2 years instead of 4 years;
113	requiring that a petition signer must be a registered
114	elector at time of signing for a supervisor to verify his
115	or her signature as valid; requiring the supervisor of
116	elections to notify petition sponsor of misfiled petition
117	under certain circumstances; deleting certain petition
118	revocation provisions; amending s. 101.001, F.S.;
119	requiring the supervisors of elections to provide the
120	department with precinct data including specified
121	information; requiring the department to maintain a
122	searchable database containing certain precinct and census
123	block information; requiring supervisors of elections to
124	notify the department of precinct changes within a
125	specified time; deleting a waiver; amending s. 101.043,
126	F.S.; providing that the address appearing on the photo
127	identification used at polls cannot be used to confirm or
128	challenge an elector's legal residence for address
129	verification; amending s. 101.045, F.S.; permitting a
130	change of residence at the polling place for a person
131	changing residence within a county; providing that a
132	person whose change of address is from outside the county
133	may not change his or her legal residence at the polling
134	place or vote a regular ballot but may vote a provisional
135	ballot; amending s. 101.131, F.S.; revising procedures for
136	the designation of poll watchers; requiring that the
137	division prescribe a form for the designation of poll
138	watchers; providing conditions under which poll watchers
139	are authorized to enter polling areas and watch polls;
140	requiring that a supervisor of elections provide
141	identification to poll watchers by a specified period
142	before early voting begins; requiring that poll watchers
143	display such identification while in a polling place;
144	amending s. 101.151, F.S.; providing changes in ballot
145	appearance; reducing length and appearance of ballot and
146	redundancy; expanding use of ballot on demand technology;
147	amending s. 101.5605, F.S.; clarifying that testing of
148	voting equipment be done in accordance with state-adopted
149	voting system standards; amending s. 101.5606, F.S.;
150	removing references to obsolete forms of voting; amending
151	s. 101.5612, F.S.; revising the number or percentage of
152	systems that must be tested; amending s. 101.5614, F.S.;
153	conforming law to current technological practices in
154	canvassing of certain returns; amending s. 101.591, F.S.;
155	providing that a manual recount is not required under
156	certain circumstances; amending s. 101.62, F.S.; extending
157	absentee ballot request through the end of the calendar
158	year of the next two regularly scheduled general
159	elections; providing timeframes for absentee ballots to be
160	sent to voters voting an absentee ballot; clarifying
161	provisions relating to military and overseas voters;
162	requiring the supervisors of elections to update absentee
163	ballot information and make available by a time certain;
164	revising reasons for voting absentee; amending s. 101.65,
165	F.S.; expanding absentee ballot instructions to notify a
166	voter that signatures on ballot and on record must match;
167	informing voter when signature must be updated; amending
168	s. 101.68, F.S.; allowing the county canvassing boards to
169	begin canvassing of absentee ballots at a time certain;
170	amending s. 101.6923, F.S.; expanding special absentee
171	ballot instructions for certain first-time voters to
172	notify voters that signatures on the ballot and on record
173	must match; informing voter when signature must be
174	updated; amending s. 101.75, F.S.; eliminating state
175	mandate for a municipal election to have a 14-day
176	candidate qualifying period when it moves its election to
177	coincide with state or county election; amending s.
178	102.031, F.S.; prohibiting solicitation of voters who are
179	entering or in line to enter any polling place, polling
180	room, or early voting site; requiring the posting of a
181	sign; expanding the definitions of the terms "solicit" and
182	"solicitation"; amending s. 102.141, F.S.; requiring the
183	canvassing board to report all early voting and all
184	tabulated absentee results to the department by a time
185	certain; requiring periodic updates; amending s. 102.168,
186	F.S.; clarifying when canvassing boards are an
187	indispensable party to an election contest; clarifying
188	evidence a circuit court may consider in certain election
189	contests; providing a standard of review; amending s.
190	103.021; F.S.; revising the definition of the term
191	"national party"; revising requirements for a minor
192	political party to have candidates for President and Vice
193	President placed on the general election ballot; amending
194	s. 103.095, F.S.; establishing the process and
195	requirements for becoming a minor political party;
196	authorizing the division to adopt rules; providing for
197	cancellation of minor political party status under certain
198	circumstances; providing for appeal; providing for
199	retroactive effectiveness; amending s. 103.101, F.S.;
200	creating a Presidential Preference Primary Date Selection
201	Committee; providing membership; requiring for the
202	committee to meet by a date certain and to set a date for
203	the presidential preference primary; amending s. 103.141,
204	F.S.; deleting language providing for the removal of
205	certain county executive committee members pursuant to a
206	separate provision of law; amending s. 104.29, F.S.;
207	clarifying when it is an offense for an inspector or other
208	election official to deny a person the opportunity to
209	observe whether ballots are being correctly reconciled;
210	amending s. 106.011, F.S.; revising the definitions of
211	"candidate", "contribution," and "expenditure" to exclude
212	funds received or spent for certain potential candidate
213	polls; clarifying and conforming the definition of
214	"independent expenditure" to the candidate's specific
215	qualifying period; clarifying the qualifying period for
216	the candidate; correcting a cross-reference; creating s.
217	106.012, F.S.; providing that funds spent or received are
218	not contributions or expenditures if used solely for
219	determining candidate viability; providing examples of
220	permissible activities; providing for retention of
221	records; providing that funds become contributions and
222	expenditures upon the candidacy of a person; requiring
223	reporting of funds regardless of date received or spent;
224	providing examples of ineligible activities for fund use;
225	delineating activities indicating intention to become a
226	candidate; limiting the amount of funds that may be
227	received; amending s. 106.021, F.S.; deleting a
228	requirement that certain information be included in
229	campaign reports for reimbursement; amending s. 106.022,
230	F.S.; requiring a political committee, committee of
231	continuous existence, or electioneering communications
232	organization to file a statement of appointment with the
233	filing officer rather than with the division; authorizing
234	an entity to change its appointment of registered agent or
235	registered office by filing a written statement with the
236	filing officer; requiring a registered agent who resigns
237	to execute a written statement of resignation and file it
238	with the filing officer; amending s. 106.023, F.S.;
239	revising the form of the statement of a candidate to
240	require a candidate to acknowledge that he or she has been
241	provided access to and understands the requirements of ch.
242	106, F.S.; amending s. 106.025, F.S.; exempting tickets or
243	advertising for a campaign fundraiser from requirements of
244	s. 106.143, F.S.; amending s. 106.03, F.S.; providing when
245	a group must register as an electioneering communications
246	organization; amending s. 106.04, F.S.; requiring a
247	committee of continuous existence that makes a
248	contribution or expenditure in connection with certain
249	county or municipal elections to file specified reports;
250	subjecting a committee of continuous existence that fails
251	to file a report or to timely file a report with the
252	division or a county or municipal filing officer to a
253	fine; requiring a committee of continuous existence to
254	include transaction information from credit card purchases
255	in a report filed with the division; requiring a committee
256	of continuous existence to report changes in information
257	previously reported to the division within 10 days after
258	the change; requiring the division to revoke the
259	certification of a committee of continuous existence under
260	certain circumstances; requiring the division to adopt
261	rules to prescribe the manner in which the certification
262	is revoked; increasing the amount of a fine to be levied
263	on a committee of continuous existence that fails to
264	timely file certain reports; providing for the deposit of
265	the proceeds of the fines; including the registered agent
266	of a committee of continuous existence as an alternate
267	person whom the filing officer shall notify that a report
268	has not been filed; providing criteria for deeming
269	delivery of a notice of fine complete; requiring a
270	committee of continuous existence that appeals a fine to
271	file a copy of the appeal with the commission; amending s.
272	106.07, F.S.; correcting a cross-reference; revising the
273	dates that certain contribution and expenditure reports
274	must be filed; revising reporting requirements for a
275	statewide candidate who receives funding under the Florida
276	Election Campaign Financing Act and candidates in a race
277	with a candidate who has requested funding under that act;
278	deleting a requirement for a committee of continuous
279	existence to file a campaign treasurer's report relating
280	to contributions or expenditures to influence the results
281	of a special election; revising the methods by which a
282	campaign treasurer may be notified of the determination
283	that a report is incomplete to include certified mail and
284	other methods using a common carrier that provides proof
285	of delivery of the notice; extending the time the campaign
286	treasurer has to file an addendum to the report after
287	receipt of notice of why the report is incomplete;
288	providing criteria for deeming delivery complete of a
289	notice of incomplete report; deleting a provision allowing
290	for notification by telephone of an incomplete report;
291	requiring political committees that make a contribution or
292	expenditure in connection with certain county or municipal
293	elections to file campaign finance reports with the county
294	or municipal filing officer and to include its
295	contributions and expenditures in a report to the
296	division; revising the information that must be included
297	in a report to include transaction information for credit
298	card purchases; deleting a requirement that a campaign
299	depository to return checks drawn on the account to the
300	campaign treasurer; specifying the amount of a fine for
301	the failure to timely file reports after a special primary
302	election or special election; specifying that the
303	registered agent of a political committee is a person whom
304	a filing officer may notify of the amount of the fine for
305	filing a late report; providing criteria for deeming
306	delivery of a notice of late report and resulting fine
307	complete; amending s. 106.0703, F.S.; correcting a cross-
308	reference; deleting a requirement for an electioneering
309	communications organization to provide certain information
310	to the department on activities occurring since the last
311	general election; amending s. 106.0705, F.S.; requiring
312	certain individuals to electronically file certain reports
313	with the division; conforming a cross-reference to changes
314	made by the act; deleting an obsolete provision; amending
315	s. 106.071, F.S.; conforming provisions relating to
316	expenditures in the aggregate; clarifying the independent
317	expenditure disclaimer for paid political advertisement by
318	an individual; amending s. 106.08, F.S.; deleting a
319	requirement for the department to notify candidates as to
320	whether an independent or minor party candidate has
321	obtained the required number of petition signatures;
322	deleting a requirement for certain unopposed candidates to
323	return contributions; specifying the entities with which a
324	political party's state executive committee and county
325	executive committees must file a written acceptance of an
326	in-kind contribution; amending s. 106.09, F.S.; specifying
327	that the limitations on contributions by cash or cashier's
328	check apply to the aggregate amount of contributions to a
329	candidate or committee per election; clarifying that a
330	violation of a certain subsection, and not a section, of
331	the law is a misdemeanor of the first degree; amending s.
332	106.11, F.S.; revising the statement that must be
333	contained on checks from a campaign account; deleting
334	requirements relating to the use of debit cards;
335	authorizing a campaign for a candidate to reimburse the
336	candidate's loan to the campaign when the campaign account
337	has sufficient funds; amending s. 106.141, F.S.; removing
338	certain limitations on expenditure of surplus funds;
339	requiring candidates receiving public financing to return
340	all surplus funds to the General Revenue Fund after paying
341	certain monetary obligations and expenses; amending s.
342	106.143, F.S.; revising disclosure requirements for
343	certain political advertisements; specifying disclosure
344	statements that must be included in political
345	advertisements paid for by a write-in candidate;
346	specifying disclosure requirements for political
347	advertisements paid for by in-kind contributions;
348	prohibiting the inclusion of a person's political
349	affiliation in advertisements for a nonpartisan office;
350	clarifying the type of political advertisements that must
351	be approved in advance by a candidate; deleting a
352	duplicative exemption from the requirement to obtain a
353	candidate's approval for messages designed to be worn;
354	providing that political advertisements paid for by a
355	political party or an affiliated party committee may use
356	certain registered names and abbreviations; amending s.
357	106.15, F.S.; prohibiting the making, soliciting, or
358	accepting of any political contribution in a government-
359	occupied room or building space; defining "government-
360	occupied room or building space"; providing an exception;
361	amending s. 106.17, F.S.; authorizing state and county
362	executive committees and affiliated party committees to
363	conduct political polls to determine viability of
364	potential candidates; allowing sharing of results;
365	providing that such expenditures are not contributions to
366	the potential candidates; amending s. 106.19, F.S.;
367	providing that a candidate's failure to comply with ch.
368	106, F.S., has no effect on whether the candidate has
369	qualified for office; amending s. 106.25, F.S., relating
370	to reports of alleged violations to Florida Elections
371	Commission; providing a deadline for the filing of a
372	response by a respondent; prohibiting the commission from
373	defining willfulness by rule, or further defining the term
374	as provided in ch. 106 or ch. 104, F.S.; providing for
375	entering into a consent order under certain circumstances;
376	allowing a respondent who is alleged by the commission to
377	have violated the election code or campaign financing laws
378	to elect as a matter of right a formal hearing before the
379	Division of Administrative Hearings; authorizing an
380	administrative law judge to assess civil penalties upon
381	the finding of a violation; amending s. 106.26, F.S.;
382	authorizing the commission to file a complaint in the
383	circuit court where the witness resides; amending s.
384	106.265, F.S.; authorizing an administrative law judge to
385	assess a civil penalty upon a finding of a violation of
386	the election code or campaign financing laws; providing
387	for civil penalties to be assessed against an
388	electioneering communications organization; removing
389	reference to the expired Election Campaign Financing Trust
390	Fund; directing that moneys from penalties and fines be
391	deposited into the General Revenue Fund; amending s.
392	106.29, F.S.; requiring state and county executive
393	committees that make contributions or expenditures to
394	influence the results of a special election or special
395	primary election to file campaign treasurer's reports by
396	certain dates; providing for applicable campaign finance
397	reporting dates, to conform; deleting a requirement that
398	each state executive committee file the original and one
399	copy of its reports with the division; revising provisions
400	relating to penalties for late filing, to conform and to
401	provide requirements for sufficiency of notice; amending
402	s. 106.35, F.S.; deleting a requirement that the division
403	adopt rules relating to the format and filing of certain
404	printed campaign treasurer's reports under the Florida
405	Election Campaign Financing Act; amending s. 106.355,
406	F.S.; eliminating the duty of the department to provide
407	funds from the Election Campaign Financing Trust Fund when
408	certain expenditure limits are exceeded; amending s.
409	11.045, F.S.; excluding funds received or spent under s.
410	106.012, F.S., from the definition of "expenditure";
411	amending s. 112.312, F.S.; excluding funds received or
412	spent under s. 106.012, F.S., or contributions or
413	expenditures reported pursuant to federal election law
414	from the definition of "gift"; amending s. 112.3215, F.S.;
415	excluding funds received or spent under s. 106.012, F.S.,
416	or contributions or expenditures reported pursuant to
417	federal election law from the definition of "expenditure";
418	amending s. 876.05, F.S.; deleting the requirement that
419	candidates for public office take a public employee oath;
420	amending s. 100.101, F.S.; to conform to changes made by
421	the act; repealing s. 103.161, F.S., relating to the
422	removal or suspension of officers or members of state
423	executive committees or county executive committees;
424	repealing s. 876.07, F.S., relating to the requirement
425	that a candidate take a public employee oath as a
426	prerequisite to qualifying for public office, to conform;
427	providing effective dates.
428
429	Be It Enacted by the Legislature of the State of Florida:
430
431	Section 1.  Subsection (16) is added to section 97.012,
432	Florida Statutes, to read:
433	97.012  Secretary of State as chief election officer.-The
434	Secretary of State is the chief election officer of the state,
435	and it is his or her responsibility to:
436	(16)  Provide written direction and opinions to the
437	supervisors of elections on the performance of their official
438	duties with respect to the Florida Election Code or rules
439	adopted by the Department of State.
440	Section 2.  Subsection (18) of section 97.021, Florida
441	Statutes, is amended to read:
442	97.021  Definitions.-For the purposes of this code, except
443	where the context clearly indicates otherwise, the term:
444	(18)  "Minor political party" is any group as specified in
445	s. 103.095 defined in this subsection which on January 1
446	preceding a primary election does not have registered as members
447	5 percent of the total registered electors of the state. Any
448	group of citizens organized for the general purposes of electing
449	to office qualified persons and determining public issues under
450	the democratic processes of the United States may become a minor
451	political party of this state by filing with the department a
452	certificate showing the name of the organization, the names of
453	its current officers, including the members of its executive
454	committee, and a copy of its constitution or bylaws. It shall be
455	the duty of the minor political party to notify the department
456	of any changes in the filing certificate within 5 days of such
457	changes.
458	Section 3.  Section 97.025, Florida Statutes, is amended to
459	read:
460	97.025  Election Code; copies thereof.-A pamphlet of a
461	reprint of the Election Code, adequately indexed, shall be
462	prepared by the Department of State. The pamphlet shall be made
463	available It shall have a sufficient number of these pamphlets
464	printed so that one may be given, upon request, to each
465	candidate who qualifies with the department. The pamphlet shall
466	be made available A sufficient number may be sent to each
467	supervisor, before prior to the first day of qualifying, so that
468	for distribution, upon request, to each candidate who qualifies
469	with the supervisor and to each clerk of elections has access to
470	the pamphlet. The cost of making printing the pamphlets
471	available shall be paid out of funds appropriated for conducting
472	elections.
473	Section 4.  Section 97.0575, Florida Statutes, is amended
474	to read:
475	97.0575  Third-party voter registrations.-
476	(1)  Before engaging in any voter registration activities,
477	a third-party voter registration organization must register and
478	provide to the division, in an electronic format, the following
479	information:
480	(a)  The names of the officers of the organization and the
481	name and permanent address of the organization.
482	(b)  The name and address of the organization's registered
483	agent in the state.
484	(c)  The names, permanent addresses, temporary addresses,
485	if any, and dates of birth of each registration agent
486	registering persons to vote in this state on behalf of the
487	organization.
488	(d)  A sworn statement from each registration agent
489	employed by or volunteering for the organization stating that
490	the agent will obey all state laws and rules regarding the
491	registration of voters. Such statement must be on a form
492	containing notice of applicable penalties for false
493	registration.
494	(2)  The division or the supervisor of elections shall make
495	voter registration forms available to third-party voter
496	registration organizations. All such forms must contain
497	information identifying the organization to which the forms are
498	provided. The division shall maintain a database of all third-
499	party voter registration organizations and the voter
500	registration forms assigned to the third-party voter
501	registration organization. Each supervisor of elections shall
502	provide to the division information on voter registration forms
503	assigned to and received from third-party voter registration
504	organizations. The information must be provided in a format and
505	at times as required by the division by rule. The division must
506	update information on third-party voter registrations daily and
507	make the information publicly available.
508	(1)  Prior to engaging in any voter registration
509	activities, a third-party voter registration organization shall
510	name a registered agent in the state and submit to the division,
511	in a form adopted by the division, the name of the registered
512	agent and the name of those individuals responsible for the day-
513	to-day operation of the third-party voter registration
514	organization, including, if applicable, the names of the
515	entity's board of directors, president, vice president, managing
516	partner, or such other individuals engaged in similar duties or
517	functions. On or before the 15th day after the end of each
518	calendar quarter, each third-party voter registration
519	organization shall submit to the division a report providing the
520	date and location of any organized voter registration drives
521	conducted by the organization in the prior calendar quarter.
522	(2)  The failure to submit the information required by
523	subsection (1) does not subject the third-party voter
524	registration organization to any civil or criminal penalties for
525	such failure, and the failure to submit such information is not
526	a basis for denying such third-party voter registration
527	organization with copies of voter registration application
528	forms.
529	(3)(a)  A third-party voter registration organization that
530	collects voter registration applications serves as a fiduciary
531	to the applicant, ensuring that any voter registration
532	application entrusted to the third-party voter registration
533	organization, irrespective of party affiliation, race,
534	ethnicity, or gender, shall be promptly delivered to the
535	division or the supervisor of elections within 48 hours after
536	the applicant completes it or the next business day if the
537	appropriate office is closed for that 48-hour period. If a voter
538	registration application collected by any third-party voter
539	registration organization is not promptly delivered to the
540	division or supervisor of elections, the third-party voter
541	registration organization is shall be liable for the following
542	fines:
543	1.(a)  A fine in the amount of $50 for each application
544	received by the division or the supervisor of elections more
545	than 48 hours 10 days after the applicant delivered the
546	completed voter registration application to the third-party
547	voter registration organization or any person, entity, or agent
548	acting on its behalf or the next business day, if the office is
549	closed. A fine in the amount of $250 for each application
550	received if the third-party voter registration organization or
551	person, entity, or agency acting on its behalf acted willfully.
552	2.(b)  A fine in the amount of $100 for each application
553	collected by a third-party voter registration organization or
554	any person, entity, or agent acting on its behalf, before prior
555	to book closing for any given election for federal or state
556	office and received by the division or the supervisor of
557	elections after the book-closing book closing deadline for such
558	election. A fine in the amount of $500 for each application
559	received if the third-party registration organization or person,
560	entity, or agency acting on its behalf acted willfully.
561	3.(c)  A fine in the amount of $500 for each application
562	collected by a third-party voter registration organization or
563	any person, entity, or agent acting on its behalf, which is not
564	submitted to the division or supervisor of elections. A fine in
565	the amount of $1,000 for any application not submitted if the
566	third-party voter registration organization or person, entity,
567	or agency acting on its behalf acted willfully.
568
569	The aggregate fine pursuant to this paragraph subsection which
570	may be assessed against a third-party voter registration
571	organization, including affiliate organizations, for violations
572	committed in a calendar year is shall be $1,000.
573	(b)  A showing by the fines provided in this subsection
574	shall be reduced by three-fourths in cases in which the third-
575	party voter registration organization that the failure to
576	deliver the voter registration application within the required
577	timeframe is based upon force majeure or impossibility of
578	performance shall be an affirmative defense to a violation of
579	this subsection has complied with subsection (1). The secretary
580	may shall waive the fines described in this subsection upon a
581	showing that the failure to deliver the voter registration
582	application promptly is based upon force majeure or
583	impossibility of performance.
584	(4)  If the Secretary of State reasonably believes that a
585	person has committed a violation of this section, the secretary
586	may refer the matter to the Attorney General for enforcement.
587	The Attorney General may institute a civil action for a
588	violation of this section or to prevent a violation of this
589	section. An action for relief may include a permanent or
590	temporary injunction, a restraining order, or any other
591	appropriate order.
592	(5)(4)(a)  The division shall adopt by rule a form to
593	elicit specific information concerning the facts and
594	circumstances from a person who claims to have been registered
595	to vote by a third-party voter registration organization but who
596	does not appear as an active voter on the voter registration
597	rolls. The division shall also adopt rules to ensure the
598	integrity of the registration process, including rules requiring
599	third-party voter registration organizations to account for all
600	state and federal registration forms used by their registration
601	agents.
602	(b)  The division may investigate any violation of this
603	section. Civil fines shall be assessed by the division and
604	enforced through any appropriate legal proceedings.
605	(6)(5)  The date on which an applicant signs a voter
606	registration application is presumed to be the date on which the
607	third-party voter registration organization received or
608	collected the voter registration application.
609	(7)(6)  The civil fines provided in this section are in
610	addition to any applicable criminal penalties.
611	(8)(7)  Fines collected pursuant to this section shall be
612	annually appropriated by the Legislature to the department for
613	enforcement of this section and for voter education.
614	(9)(8)  The division may adopt rules to administer this
615	section.
616	Section 5.  Effective August 1, 2012, section 97.071,
617	Florida Statutes, is amended to read:
618	97.071  Voter information card.-
619	(1)  A voter information card shall be furnished by the
620	supervisor to all registered voters residing in the supervisor's
621	county. The card must contain:
622	(a)  Voter's registration number.
623	(b)  Date of registration.
624	(c)  Full name.
625	(d)  Party affiliation.
626	(e)  Date of birth.
627	(f)  Address of legal residence.
628	(g)  Precinct number.
629	(h)  Polling place address.
630	(i)(h)  Name of supervisor and contact information of
631	supervisor.
632	(j)(i)  Other information deemed necessary by the
633	supervisor.
634	(2)  A voter may receive a replacement voter information
635	card by providing a signed, written request for a replacement
636	card to a voter registration official. Upon verification of
637	registration, the supervisor shall issue the voter a duplicate
638	card without charge.
639	(3)  In the case of a change of name, address of legal
640	residence, polling place address, or party affiliation, the
641	supervisor shall issue the voter a new voter information card.
642	Section 6.  Subsection (1) of section 97.073, Florida
643	Statutes, is amended to read:
644	97.073  Disposition of voter registration applications;
645	cancellation notice.-
646	(1)  The supervisor must notify each applicant of the
647	disposition of the applicant's voter registration application
648	within 5 business days after voter registration information is
649	entered into the statewide voter registration system. The notice
650	must inform the applicant that the application has been
651	approved, is incomplete, has been denied, or is a duplicate of a
652	current registration. A voter information card sent to an
653	applicant constitutes notice of approval of registration. If the
654	application is incomplete, the supervisor must request that the
655	applicant supply the missing information using a voter
656	registration application signed by the applicant. A notice of
657	denial must inform the applicant of the reason the application
658	was denied.
659	Section 7.  Section 97.1031, Florida Statutes, is amended
660	to read:
661	97.1031  Notice of change of residence, change of name, or
662	change of party affiliation.-
663	(1)(a)  When an elector changes his or her residence
664	address, the elector must notify the supervisor of elections.
665	Except as provided in paragraph (b), an address change must be
666	submitted using a voter registration application.
667	(b)  If the address change is within the state and notice
668	is provided to the supervisor of elections of the county where
669	the elector has moved, the elector may change his or her
670	residence address by:
671	1.  Contacting the supervisor of elections by telephone or
672	electronic means; or
673	2.  Submitting the change on a voter registration
674	application or other signed written notice. moves from the
675	address named on that person's voter registration record to
676	another address within the same county, the elector must provide
677	notification of such move to the supervisor of elections of that
678	county. The elector may provide the supervisor a signed, written
679	notice or may notify the supervisor by telephone or electronic
680	means. However, notification of such move other than by signed,
681	written notice must include the elector's date of birth. An
682	elector may also provide notification to other voter
683	registration officials as provided in subsection (2). A voter
684	information card reflecting the new information shall be issued
685	to the elector as provided in subsection (3).
686	(2)  When an elector moves from the address named on that
687	person's voter registration record to another address in a
688	different county but within the state, the elector seeks to
689	change party affiliation, the elector shall notify his or her
690	supervisor of elections or other voter registration official by
691	using a signed written notice with the elector's date of birth.
692	When an or the elector changes his or her name of an elector is
693	changed by marriage or other legal process, the elector shall
694	notify his or her supervisor of elections or other provide
695	notice of such change to a voter registration official by using
696	a voter registration application signed by the elector. A voter
697	information card reflecting the new information shall be issued
698	to the elector as provided in subsection (3).
699	(3)  The voter registration official shall make the
700	necessary changes in the elector's records as soon as practical
701	upon receipt of the such notice of a change of address of legal
702	residence, name, or party affiliation. The supervisor of
703	elections shall issue the new voter information card.
704	Section 8.  Subsections (3) and (6) of section 98.075,
705	Florida Statutes, are amended to read:
706	98.075  Registration records maintenance activities;
707	ineligibility determinations.-
708	(3)  DECEASED PERSONS.-
709	(a)1.  The department shall identify those registered
710	voters who are deceased by comparing information on the lists of
711	deceased persons received from either:
712	a.  The Department of Health as provided in s. 98.093; or
713	b.  The United States Social Security Administration,
714	including, but not limited to, any master death file or index
715	that the administration compiles.
716	2.  Within 7 days after Upon receipt of such information
717	through the statewide voter registration system, the supervisor
718	shall remove the name of the registered voter.
719	(b)  The supervisor shall remove the name of a deceased
720	registered voter from the statewide voter registration system
721	upon receipt of a copy of a death certificate issued by a
722	governmental agency authorized to issue death certificates.
723	(6)  OTHER BASES FOR INELIGIBILITY.-If the department or
724	supervisor receives information other than from the sources
725	other than those identified in subsections (2)-(5) that a
726	registered voter is ineligible because he or she is deceased,
727	adjudicated a convicted felon without having had his or her
728	civil rights restored, adjudicated mentally incapacitated
729	without having had his or her voting rights restored, does not
730	meet the age requirement pursuant to s. 97.041, is not a United
731	States citizen, is a fictitious person, or has listed a
732	residence that is not his or her legal residence, the supervisor
733	shall adhere to the procedures set forth in subsection (7) prior
734	to the removal of a registered voter's name from the statewide
735	voter registration system.
736	Section 9.  Subsection (1) and paragraphs (e) and (f) of
737	subsection (2) of section 98.093, Florida Statutes, are amended
738	to read:
739	98.093  Duty of officials to furnish information relating
740	to lists of deceased persons, persons adjudicated mentally
741	incapacitated, and persons convicted of a felony.-
742	(1)  In order to identify ineligible registered voters and
743	to maintain ensure the maintenance of accurate and current voter
744	registration records in the statewide voter registration system
745	pursuant to procedures in s. 98.065 or s. 98.075, it is
746	necessary for the department and supervisors of elections to
747	receive or access certain information from state and federal
748	officials and entities in the format prescribed. The department
749	and supervisors of elections shall use the information provided
750	from the sources in subsection (2) to maintain the voter
751	registration records.
752	(2)  To the maximum extent feasible, state and local
753	government agencies shall facilitate provision of information
754	and access to data to the department, including, but not limited
755	to, databases that contain reliable criminal records and records
756	of deceased persons. State and local government agencies that
757	provide such data shall do so without charge if the direct cost
758	incurred by those agencies is not significant.
759	(e)  The Florida Parole Commission Board of Executive
760	Clemency shall furnish at least bimonthly monthly to the
761	department data including a list of those persons granted
762	clemency in the preceding month or any updates to prior records
763	which have occurred in the preceding month. The data list shall
764	contain the commission's Board of Executive Clemency case
765	number, name, address, date of birth, race, gender sex, Florida
766	driver's license number, Florida identification card number, or
767	the last four digits of the social security number, if
768	available, and references to record identifiers assigned by the
769	Department of Corrections and the Department of Law Enforcement,
770	a unique identifier of each clemency case, and the effective
771	date of clemency of each person.
772	(f)  The Department of Corrections shall identify those
773	persons who have been convicted of a felony and committed to its
774	custody or placed on felony community supervision in a time and
775	manner that enables furnish monthly to the department to
776	identify registered voters who are convicted felons and to meet
777	obligations under state and federal law. a list of those persons
778	transferred to the Department of Corrections in the preceding
779	month or any updates to prior records which have occurred in the
780	preceding month. The list shall contain the name, address, date
781	of birth, race, sex, social security number, Department of
782	Corrections record identification number, and associated
783	Department of Law Enforcement felony conviction record number of
784	each person.
785	Section 10.  Effective July 1, 2012, subsections (1) and
786	(2) of section 98.0981, Florida Statutes, are amended to read:
787	98.0981  Reports; voting history; statewide voter
788	registration system information; precinct-level election
789	results; book closing statistics.-
790	(1)  VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
791	INFORMATION.-
792	(a)  Within 30 45 days after certification by the Elections
793	Canvassing Commission of a presidential preference primary,
794	special election, primary election, or a general election,
795	supervisors of elections shall transmit to the department, in a
796	uniform electronic format specified in paragraph (d) by the
797	department, completely updated voting history information for
798	each qualified voter who voted.
799	(b)  After receipt of the information in paragraph (a), the
800	department shall prepare a report in electronic format which
801	contains the following information, separately compiled for the
802	primary and general election for all voters qualified to vote in
803	either election:
804	1.  The unique identifier assigned to each qualified voter
805	within the statewide voter registration system;
806	2.  All information provided by each qualified voter on his
807	or her voter registration application pursuant to s. 97.052(2),
808	except that which is confidential or exempt from public records
809	requirements;
810	3.  Each qualified voter's date of registration;
811	4.  Each qualified voter's current state representative
812	district, state senatorial district, and congressional district,
813	assigned by the supervisor of elections;
814	5.  Each qualified voter's current precinct; and
815	6.  Voting history as transmitted under paragraph (a) to
816	include whether the qualified voter voted at a precinct
817	location, voted during the early voting period, voted by
818	absentee ballot, attempted to vote by absentee ballot that was
819	not counted, attempted to vote by provisional ballot that was
820	not counted, or did not vote.
821	(c)  Within 45 60 days after certification by the Elections
822	Canvassing Commission of a presidential preference primary,
823	special election, primary election, or a general election, the
824	department shall send to the President of the Senate, the
825	Speaker of the House of Representatives, the Senate Minority
826	Leader, and the House Minority Leader a report in electronic
827	format that includes all information set forth in paragraph (b).
828	(d)  File specifications are as follows:
829	1.  The file shall contain records designated by the
830	categories below for all qualified voters who, regardless of the
831	voter's county of residence or active or inactive registration
832	status at the book closing for the corresponding election that
833	the file is being created for:
834	a.  Voted a regular ballot at a precinct location.
835	b.  Voted at a precinct location using a provisional ballot
836	that was subsequently counted.
837	c.  Voted a regular ballot during the early voting period.
838	d.  Voted during the early voting period using a
839	provisional ballot that was subsequently counted.
840	e.  Voted by absentee ballot.
841	f.  Attempted to vote by absentee ballot but the ballot was
842	not counted.
843	g.  Attempted to vote by provisional ballot but the ballot
844	was not counted in that election.
845	2.  Each file shall be created or converted into a tab-
846	delimited format.
847	3.  File names shall adhere to the following convention:
848	a.  Three-character county identifier as established by the
849	department followed by an underscore.
850	b.  Followed by four-character file type identifier of
851	'VH03' followed by an underscore.
852	c.  Followed by FVRS election ID followed by an underscore.
853	d.  Followed by Date Created followed by an underscore.
854	e.  Date format is YYYYMMDD.
855	f.  Followed by Time Created - HHMMSS.
856	g.  Followed by ".txt".
857	4.  Each record shall contain the following columns: Record
858	Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
859	Date, Vote History Code, Precinct, Congressional District, House
860	District, Senate District, County Commission District, and
861	School Board District.
862	(e)  Each supervisor of elections shall reconcile, before
863	submission, the aggregate total of ballots cast in each precinct
864	as reported in the precinct-level election results to the
865	aggregate total number of voters with voter history for the
866	election for each district.
867	(f)  Each supervisor of elections shall submit the results
868	of the data reconciliation as described in paragraph (e) to the
869	department in an electronic format and give a written
870	explanation for any precincts where the reconciliation as
871	described in paragraph (e) results in a discrepancy between the
872	voter history and the election results.
873	(2)(a)  PRECINCT-LEVEL ELECTION RESULTS.-Within 30 45 days
874	after certification by the Elections Canvassing Commission the
875	date of a presidential preference primary election, a special
876	election, primary election, or a general election, the
877	supervisors of elections shall collect and submit to the
878	department precinct-level election results for the election in a
879	uniform electronic format specified by paragraph (c) the
880	department. The precinct-level election results shall be
881	compiled separately for the primary or special primary election
882	that preceded the general or special general election,
883	respectively. The results shall specifically include for each
884	precinct the aggregate total of all ballots cast for each
885	candidate or nominee to fill a national, state, county, or
886	district office or proposed constitutional amendment, with
887	subtotals for each candidate and ballot type, unless fewer than
888	10 voters voted a ballot type. "All ballots cast" means ballots
889	cast by voters who cast a ballot whether at a precinct location,
890	by absentee ballot including overseas absentee ballots, during
891	the early voting period, or by provisional ballot.
892	(b)  The department shall make such information available
893	on a searchable, sortable, and downloadable database via its
894	website that also includes the file layout and codes. The
895	database shall be searchable and sortable by county, precinct,
896	and candidate. The database shall be downloadable in a tab-
897	delimited format. The database shall be available for download
898	county-by-county and also as a statewide file. Such report shall
899	also be made available upon request.
900	(c)  The files containing the precinct-level election
901	results shall be created in accordance with the applicable file
902	specification:
903	1.  The precinct-level results file shall be created or
904	converted into a tab-delimited text file.
905	2.  The row immediately before the first data record shall
906	contain the column names of the data elements that make up the
907	data records. There shall be one header record followed by
908	multiple data records.
909	3.  The data records shall include the following columns:
910	County Name, Election Number, Election Date, Unique Precinct
911	Identifier, Precinct Polling Location, Total Registered Voters,
912	Total Registered Republicans, Total Registered Democrats, Total
913	Registered All Other Parties, Contest Name,
914	Candidate/Retention/Issue Name, Candidate Florida Voter
915	Registration System ID Number, Division of Elections Unique
916	Candidate Identifying Number, Candidate Party, District,
917	Undervote Total, Overvote Total, Write-in Total, and Vote Total.
918	Section 11.  Subsections (5) and (7) of section 99.012,
919	Florida Statutes, are amended to read:
920	99.012  Restrictions on individuals qualifying for public
921	office.-
922	(5)  If an order of a court that has become final
923	determines that a person did not comply with this section, the
924	person shall not be qualified as a candidate for election and
925	his or her name may not appear on the ballot. The name of any
926	person who does not comply with this section may be removed from
927	every ballot on which it appears when ordered by a circuit court
928	upon the petition of an elector or the Department of State.
929	(7)  Nothing contained in subsection (3) relates to persons
930	holding any federal office or seeking the office of President or
931	Vice President.
932	Section 12.  Paragraphs (a) and (b) of subsection (1) of
933	section 99.021, Florida Statutes, are amended, and subsection
934	(3) is added to that section, to read:
935	99.021  Form of candidate oath.-
936	(1)(a)1.  Each candidate, whether a party candidate, a
937	candidate with no party affiliation, or a write-in candidate, in
938	order to qualify for nomination or election to any office other
939	than a judicial office as defined in chapter 105 or a federal
940	office, shall take and subscribe to an oath or affirmation in
941	writing. A printed copy of the oath or affirmation shall be made
942	available furnished to the candidate by the officer before whom
943	such candidate seeks to qualify and shall be substantially in
944	the following form:
945
946	State of Florida
947	County of....
948	Before me, an officer authorized to administer oaths,
949	personally appeared ...(please print name as you wish it to
950	appear on the ballot)..., to me well known, who, being sworn,
951	says that he or she is a candidate for the office of ....; that
952	he or she is a qualified elector of .... County, Florida; that
953	he or she is qualified under the Constitution and the laws of
954	Florida to hold the office to which he or she desires to be
955	nominated or elected; that he or she has taken the oath required
956	by ss. 876.05-876.10, Florida Statutes; that he or she has
957	qualified for no other public office in the state, the term of
958	which office or any part thereof runs concurrent with that of
959	the office he or she seeks; and that he or she has resigned from
960	any office from which he or she is required to resign pursuant
961	to s. 99.012, Florida Statutes; and that he or she will support
962	the Constitution of the United States and the Constitution of
963	the State of Florida.
964	...(Signature of candidate)...
965	...(Address)...
966	Sworn to and subscribed before me this .... day of ....,
967	...(year)..., at .... County, Florida.
968	...(Signature and title of officer administering oath)...
969	2.  Each candidate for federal office, whether a party
970	candidate, a candidate with no party affiliation, or a write-in
971	candidate, in order to qualify for nomination or election to
972	office shall take and subscribe to an oath or affirmation in
973	writing. A printed copy of the oath or affirmation shall be made
974	available furnished to the candidate by the officer before whom
975	such candidate seeks to qualify and shall be substantially in
976	the following form:
977
978	State of Florida
979	County of ....
980	Before me, an officer authorized to administer oaths,
981	personally appeared ...(please print name as you wish it to
982	appear on the ballot)..., to me well known, who, being sworn,
983	says that he or she is a candidate for the office of ....; that
984	he or she is qualified under the Constitution and laws of the
985	United States to hold the office to which he or she desires to
986	be nominated or elected; and that he or she has qualified for no
987	other public office in the state, the term of which office or
988	any part thereof runs concurrent with that of the office he or
989	she seeks; and that he or she will support the Constitution of
990	the United States.
991	...(Signature of candidate)...
992	...(Address)...
993	Sworn to and subscribed before me this .... day of ....,
994	...(year)..., at .... County, Florida.
995	...(Signature and title of officer administering oath)...
996	(b)  In addition, any person seeking to qualify for
997	nomination as a candidate of any political party shall, at the
998	time of subscribing to the oath or affirmation, state in
999	writing:
1000	1.  The party of which the person is a member.
1001	2.  That the person is not a registered member of any other
1002	political party and has not been a registered member of
1003	candidate for nomination for any other political party for 365
1004	days before the beginning of qualifying for a period of 6 months
1005	preceding the general election for which the person seeks to
1006	qualify.
1007	3.  That the person has paid the assessment levied against
1008	him or her, if any, as a candidate for said office by the
1009	executive committee of the party of which he or she is a member.
1010	(3)  This section does not apply to persons who seek to
1011	qualify for election pursuant to the provisions of ss. 103.021
1012	and 103.101.
1013	Section 13.  Subsections (5) and (7) of section 99.061,
1014	Florida Statutes, are amended, and subsection (11) is added to
1015	that section, to read:
1016	99.061  Method of qualifying for nomination or election to
1017	federal, state, county, or district office.-
1018	(5)  At the time of qualifying for office, each candidate
1019	for a constitutional office shall file a full and public
1020	disclosure of financial interests pursuant to s. 8, Art. II of
1021	the State Constitution, duly notarized pursuant to s. 117.05,
1022	and a candidate for any other office, including local elective
1023	office, shall file a statement of financial interests pursuant
1024	to s. 112.3145.
1025	(7)(a)  In order for a candidate to be qualified, the
1026	following items must be received by the filing officer by the
1027	end of the qualifying period:
1028	1.  A properly executed check drawn upon the candidate's
1029	campaign account payable to the person or entity as prescribed
1030	by the filing officer in an amount not less than the fee
1031	required by s. 99.092, unless the candidate obtained the
1032	required number of signatures on petitions or, in lieu thereof,
1033	as applicable, the copy of the notice of obtaining ballot
1034	position pursuant to s. 99.095. The filing fee for a special
1035	district candidate is not required to be drawn upon the
1036	candidate's campaign account. If a candidate's check is returned
1037	by the bank for any reason, the filing officer shall immediately
1038	notify the candidate and the candidate shall have until, the end
1039	of qualifying notwithstanding, have 48 hours from the time such
1040	notification is received, excluding Saturdays, Sundays, and
1041	legal holidays, to pay the fee with a cashier's check purchased
1042	from funds of the campaign account. Failure to pay the fee as
1043	provided in this subparagraph shall disqualify the candidate.
1044	2.  The candidate's oath required by s. 99.021, which must
1045	contain the name of the candidate as it is to appear on the
1046	ballot; the office sought, including the district or group
1047	number if applicable; and the signature of the candidate, duly
1048	notarized pursuant to s. 117.05 acknowledged.
1049	3.  The loyalty oath required by s. 876.05, signed by the
1050	candidate and duly acknowledged.
1051	3.4.  If the office sought is partisan, the written
1052	statement of political party affiliation required by s.
1053	99.021(1)(b).
1054	4.5.  The completed form for the appointment of campaign
1055	treasurer and designation of campaign depository, as required by
1056	s. 106.021.
1057	5.6.  The full and public disclosure or statement of
1058	financial interests required by subsection (5). A public officer
1059	who has filed the full and public disclosure or statement of
1060	financial interests with the Commission on Ethics or the
1061	supervisor of elections prior to qualifying for office may file
1062	a copy of that disclosure at the time of qualifying.
1063	(b)  If the filing officer receives qualifying papers
1064	during the qualifying period prescribed in this section that do
1065	not include all items as required by paragraph (a) prior to the
1066	last day of qualifying, the filing officer shall make a
1067	reasonable effort to notify the candidate of the missing or
1068	incomplete items and shall inform the candidate that all
1069	required items must be received by the close of qualifying. A
1070	candidate's name as it is to appear on the ballot may not be
1071	changed after the end of qualifying.
1072	(c)  The filing officer performs a ministerial function in
1073	reviewing qualifying papers. In determining whether a candidate
1074	is qualified, the filing officer shall review the qualifying
1075	papers to determine whether all items required by paragraph (a)
1076	have been properly filed and whether each item is complete on
1077	its face, including whether items requiring notarizations are
1078	properly notarized as required by s. 117.05. The filing officer
1079	may not determine whether the contents of the qualifying papers
1080	are accurate.
1081	(11)  The decision of the filing officer concerning whether
1082	a candidate is qualified is exempt from the provisions of
1083	chapter 120.
1084	Section 14.  Subsection (2) of section 99.063, Florida
1085	Statutes, is amended to read:
1086	99.063  Candidates for Governor and Lieutenant Governor.-
1087	(2)  No later than 5 p.m. of the 9th day following the
1088	primary election, each designated candidate for Lieutenant
1089	Governor shall file with the Department of State:
1090	(a)  The candidate's oath required by s. 99.021, which must
1091	contain the name of the candidate as it is to appear on the
1092	ballot; the office sought; and the signature of the candidate,
1093	duly acknowledged.
1094	(b)  The loyalty oath required by s. 876.05, signed by the
1095	candidate and duly acknowledged.
1096	(b)(c)  If the office sought is partisan, the written
1097	statement of political party affiliation required by s.
1098	99.021(1)(b).
1099	(c)(d)  The full and public disclosure of financial
1100	interests pursuant to s. 8, Art. II of the State Constitution. A
1101	public officer who has filed the full and public disclosure with
1102	the Commission on Ethics prior to qualifying for office may file
1103	a copy of that disclosure at the time of qualifying.
1104	Section 15.  Subsection (1) of section 99.093, Florida
1105	Statutes, is amended to read:
1106	99.093  Municipal candidates; election assessment.-
1107	(1)  Each person seeking to qualify for nomination or
1108	election to a municipal office shall pay, at the time of
1109	qualifying for office, an election assessment. The election
1110	assessment shall be an amount equal to 1 percent of the annual
1111	salary of the office sought. Within 30 days after the close of
1112	qualifying, the qualifying officer shall forward all assessments
1113	collected pursuant to this section to the Florida Elections
1114	Commission Department of State for transfer to the Elections
1115	Commission Trust Fund within the Department of Legal Affairs.
1116	Section 16.  Paragraph (d) is added to subsection (2) of
1117	section 99.095, Florida Statutes, to read:
1118	99.095  Petition process in lieu of a qualifying fee and
1119	party assessment.-
1120	(2)
1121	(d)  In a year of apportionment, any candidate for county
1122	or district office seeking ballot position by the petition
1123	process may obtain the required number of signatures from any
1124	registered voter in the respective county, regardless of
1125	district boundaries. The candidate shall obtain at least the
1126	number of signatures equal to 1 percent of the total number of
1127	registered voters, as shown by a compilation by the department
1128	for the immediately preceding general election, divided by the
1129	total number of districts of the office involved.
1130	Section 17.  Subsections (1), (3), and (5) of section
1131	99.097, Florida Statutes, are amended, and subsection (6) is
1132	added to that section, to read:
1133	99.097  Verification of signatures on petitions.-
1134	(1)(a)  As determined by each supervisor, based upon local
1135	conditions, the checking of names on petitions may be based on
1136	the most inexpensive and administratively feasible of either of
1137	the following methods of verification:
1138	1.(a)  A name-by-name, signature-by-signature check of each
1139	petition the number of authorized signatures on the petitions;
1140	or
1141	2.(b)  A check of a random sample, as provided by the
1142	Department of State, of names and signatures on the petitions.
1143	The sample must be such that a determination can be made as to
1144	whether or not the required number of signatures has have been
1145	obtained with a reliability of at least 99.5 percent.
1146	(b)  Rules and guidelines for this method of petition
1147	verification shall be adopted promulgated by the Department of
1148	State. Rules and guidelines for a random-sample method of
1149	verification, which may include a requirement that petitions
1150	bear an additional number of names and signatures, not to exceed
1151	15 percent of the names and signatures otherwise required. If
1152	the petitions do not meet such criteria or if the petitions are
1153	prescribed by s. 100.371, then the use of the random-sample
1154	method of verification is method described in this paragraph
1155	shall not be available to supervisors.
1156	(3)(a)  If all other requirements for the petition are met,
1157	a signature on a petition shall be verified and counted as valid
1158	for a registered voter if after comparing the signature on the
1159	petition and the signature of the registered voter in the voter
1160	registration system, the supervisor is able to determine that
1161	the petition signer is the same as the registered voter, even if
1162	the name on the petition is not in substantially the same form
1163	as in the voter registration system. A name on a petition, which
1164	name is not in substantially the same form as a name on the
1165	voter registration books, shall be counted as a valid signature
1166	if, after comparing the signature on the petition with the
1167	signature of the alleged signer as shown on the registration
1168	books, the supervisor determines that the person signing the
1169	petition and the person who registered to vote are one and the
1170	same.
1171	(b)  In any situation in which this code requires the form
1172	of the petition to be prescribed by the division, no signature
1173	shall be counted toward the number of signatures required unless
1174	it is on a petition form prescribed by the division.
1175	(c)(b)  If a voter signs a petition and lists an address
1176	other than the legal residence where the voter is registered,
1177	the supervisor shall treat the signature as if the voter had
1178	listed the address where the voter is registered.
1179	(5)  The results of a verification pursuant to subparagraph
1180	(1)(a)2. paragraph (1)(b) may be contested in the circuit court
1181	by the candidate; an announced opponent; a representative of a
1182	designated political committee; or a person, party, or other
1183	organization submitting the petition. The contestant shall file
1184	a complaint, together with the fees prescribed in chapter 28,
1185	with the clerk of the circuit court in the county in which the
1186	petition is certified or in Leon County if the petition covers
1187	more than one county within 10 days after midnight of the date
1188	the petition is certified; and the complaint shall set forth the
1189	grounds on which the contestant intends to establish his or her
1190	right to require a complete check of the petition names and
1191	signatures pursuant to subparagraph (1)(a)1. paragraph (1)(a).
1192	In the event the court orders a complete check of the petition
1193	and the result is not changed as to the success or lack of
1194	success of the petitioner in obtaining the requisite number of
1195	valid signatures, then such candidate, unless the candidate has
1196	filed the oath stating that he or she is unable to pay such
1197	charges; announced opponent; representative of a designated
1198	political committee; or party, person, or organization
1199	submitting the petition, unless such person or organization has
1200	filed the oath stating inability to pay such charges, shall pay
1201	to the supervisor of elections of each affected county for the
1202	complete check an amount calculated at the rate of 10 cents for
1203	each additional signature checked or the actual cost of checking
1204	such additional signatures, whichever is less.
1205	(6)(a)  If any person is paid to solicit signatures on a
1206	petition, an undue burden oath may not subsequently be filed in
1207	lieu of paying the fee to have signatures verified for that
1208	petition.
1209	(b)  If an undue burden oath has been filed and payment is
1210	subsequently made to any person to solicit signatures on a
1211	petition, then the undue burden oath is no longer valid and a
1212	fee for all signatures previously submitted to the supervisor of
1213	elections and for any that are submitted thereafter shall be
1214	paid by the candidate, person, or organization that submitted
1215	the undue burden oath. If contributions as defined in s. 106.011
1216	are received, any monetary contributions shall first be used to
1217	reimburse the supervisor of elections for any signature
1218	verification fees not paid because of an undue burden oath being
1219	filed.
1220	Section 18.  Section 100.061, Florida Statutes, is amended
1221	to read:
1222	100.061  Primary election.-In each year in which a general
1223	election is held, a primary election for nomination of
1224	candidates of political parties shall be held on the Tuesday 12
1225	10 weeks before prior to the general election. The candidate
1226	receiving the highest number of votes cast in each contest in
1227	the primary election shall be declared nominated for such
1228	office. If two or more candidates receive an equal and highest
1229	number of votes for the same office, such candidates shall draw
1230	lots to determine which candidate is nominated.
1231	Section 19.  Section 100.111, Florida Statutes, is amended
1232	to read:
1233	100.111  Filling vacancy.-
1234	(1)(a)  If any vacancy occurs in any office which is
1235	required to be filled pursuant to s. 1(f), Art. IV of the State
1236	Constitution and the remainder of the term of such office is 28
1237	months or longer, then at the next general election a person
1238	shall be elected to fill the unexpired portion of such term,
1239	commencing on the first Tuesday after the first Monday following
1240	such general election.
1241	(b)  If such a vacancy occurs prior to the first day set by
1242	law for qualifying for election to office at such general
1243	election, any person seeking nomination or election to the
1244	unexpired portion of the term shall qualify within the time
1245	prescribed by law for qualifying for other offices to be filled
1246	by election at such general election.
1247	(c)  If such a vacancy occurs prior to the primary election
1248	but on or after the first day set by law for qualifying, the
1249	Secretary of State shall set dates for qualifying for the
1250	unexpired portion of the term of such office. Any person seeking
1251	nomination or election to the unexpired portion of the term
1252	shall qualify within the time set by the Secretary of State. If
1253	time does not permit party nominations to be made in conjunction
1254	with the primary election, the Governor may call a special
1255	primary election to select party nominees for the unexpired
1256	portion of such term.
1257	(2)(a)  If, in any state or county office required to be
1258	filled by election, a vacancy occurs during an election year by
1259	reason of the incumbent having qualified as a candidate for
1260	federal office pursuant to s. 99.061, no special election is
1261	required. Any person seeking nomination or election to the
1262	office so vacated shall qualify within the time prescribed by s.
1263	99.061 for qualifying for state or county offices to be filled
1264	by election.
1265	(b)  If such a vacancy occurs in an election year other
1266	than the one immediately preceding expiration of the present
1267	term, the Secretary of State shall notify the supervisor of
1268	elections in each county served by the office that a vacancy has
1269	been created. Such notice shall be provided to the supervisor of
1270	elections not later than the close of the first day set for
1271	qualifying for state or county office. The supervisor shall
1272	provide public notice of the vacancy in any manner the Secretary
1273	of State deems appropriate.
1274	(2)(3)  Whenever there is a vacancy for which a special
1275	election is required pursuant to s. 100.101, the Governor, after
1276	consultation with the Secretary of State, shall fix the dates of
1277	a special primary election and a special election. Nominees of
1278	political parties shall be chosen under the primary laws of this
1279	state in the special primary election to become candidates in
1280	the special election. Prior to setting the special election
1281	dates, the Governor shall consider any upcoming elections in the
1282	jurisdiction where the special election will be held. The dates
1283	fixed by the Governor shall be specific days certain and shall
1284	not be established by the happening of a condition or stated in
1285	the alternative. The dates fixed shall provide a minimum of 2
1286	weeks between each election. In the event a vacancy occurs in
1287	the office of state senator or member of the House of
1288	Representatives when the Legislature is in regular legislative
1289	session, the minimum times prescribed by this subsection may be
1290	waived upon concurrence of the Governor, the Speaker of the
1291	House of Representatives, and the President of the Senate. If a
1292	vacancy occurs in the office of state senator and no session of
1293	the Legislature is scheduled to be held prior to the next
1294	general election, the Governor may fix the dates for the special
1295	primary election and for the special election to coincide with
1296	the dates of the primary election and general election. If a
1297	vacancy in office occurs in any district in the state Senate or
1298	House of Representatives or in any congressional district, and
1299	no session of the Legislature, or session of Congress if the
1300	vacancy is in a congressional district, is scheduled to be held
1301	during the unexpired portion of the term, the Governor is not
1302	required to call a special election to fill such vacancy.
1303	(a)  The dates for candidates to qualify in such special
1304	election or special primary election shall be fixed by the
1305	Department of State, and candidates shall qualify not later than
1306	noon of the last day so fixed. The dates fixed for qualifying
1307	shall allow a minimum of 14 days between the last day of
1308	qualifying and the special primary election.
1309	(b)  The filing of campaign expense statements by
1310	candidates in such special elections or special primaries and by
1311	committees making contributions or expenditures to influence the
1312	results of such special primaries or special elections shall be
1313	not later than such dates as shall be fixed by the Department of
1314	State, and in fixing such dates the Department of State shall
1315	take into consideration and be governed by the practical time
1316	limitations.
1317	(c)  The dates for a candidate to qualify by the petition
1318	process pursuant to s. 99.095 in such special primary or special
1319	election shall be fixed by the Department of State. In fixing
1320	such dates the Department of State shall take into consideration
1321	and be governed by the practical time limitations. Any candidate
1322	seeking to qualify by the petition process in a special primary
1323	election shall obtain 25 percent of the signatures required by
1324	s. 99.095.
1325	(d)  The qualifying fees and party assessments of such
1326	candidates as may qualify shall be the same as collected for the
1327	same office at the last previous primary for that office. The
1328	party assessment shall be paid to the appropriate executive
1329	committee of the political party to which the candidate belongs.
1330	(e)  Each county canvassing board shall make as speedy a
1331	return of the result of such special primary elections and
1332	special elections as time will permit, and the Elections
1333	Canvassing Commission likewise shall make as speedy a canvass
1334	and declaration of the nominees as time will permit.
1335	(3)(4)(a)  In the event that death, resignation,
1336	withdrawal, or removal, or any other cause or event should cause
1337	a party to have a vacancy in nomination which leaves no
1338	candidate for an office from such party, the filing officer
1339	before whom the candidate qualified Department of State shall
1340	notify the chair of the appropriate state, district, or county
1341	political party executive committee of such party; and,
1342	1.  If the vacancy in nomination is for a statewide office,
1343	the state party chair shall, within 5 days, the chair shall call
1344	a meeting of his or her executive board committee to consider
1345	designation of a nominee to fill the vacancy.
1346	2.  If the vacancy in nomination is for the office of
1347	United States Representative, state senator, state
1348	representative, state attorney, or public defender, the state
1349	party chair shall notify the appropriate county chair or chairs
1350	and, within 5 days, the appropriate county chair or chairs shall
1351	call a meeting of the members of the executive committee in the
1352	affected county or counties to consider designation of a nominee
1353	to fill the vacancy.
1354	3.  If the vacancy in nomination is for a county office,
1355	the state party chair shall notify the appropriate county chair
1356	and, within 5 days, the appropriate county chair shall call a
1357	meeting of his or her executive committee to consider
1358	designation of a nominee to fill the vacancy.
1359
1360	The name of any person so designated shall be submitted to the
1361	filing officer before whom the candidate qualified Department of
1362	State within 7 days after notice to the chair in order that the
1363	person designated may have his or her name on the ballot of the
1364	ensuing general election. If the name of the new nominee is
1365	submitted after the certification of results of the preceding
1366	primary election, however, the ballots shall not be changed and
1367	the former party nominee's name will appear on the ballot. Any
1368	ballots cast for the former party nominee will be counted for
1369	the person designated by the political party to replace the
1370	former party nominee. If there is no opposition to the party
1371	nominee, the person designated by the political party to replace
1372	the former party nominee will be elected to office at the
1373	general election. For purposes of this paragraph, the term
1374	"district political party executive committee" means the members
1375	of the state executive committee of a political party from those
1376	counties comprising the area involving a district office.
1377	(b)  When, under the circumstances set forth in the
1378	preceding paragraph, vacancies in nomination are required to be
1379	filled by committee nominations, such vacancies shall be filled
1380	by party rule. In any instance in which a nominee is selected by
1381	a committee to fill a vacancy in nomination, such nominee shall
1382	pay the same filing fee and take the same oath as the nominee
1383	would have taken had he or she regularly qualified for election
1384	to such office.
1385	(c)  Any person who, at the close of qualifying as
1386	prescribed in ss. 99.061 and 105.031, was qualified for
1387	nomination or election to or retention in a public office to be
1388	filled at the ensuing general election or who attempted to
1389	qualify and failed to qualify is prohibited from qualifying as a
1390	candidate to fill a vacancy in nomination for any other office
1391	to be filled at that general election, even if such person has
1392	withdrawn or been eliminated as a candidate for the original
1393	office sought. However, this paragraph does not apply to a
1394	candidate for the office of Lieutenant Governor who applies to
1395	fill a vacancy in nomination for the office of Governor on the
1396	same ticket or to a person who has withdrawn or been eliminated
1397	as a candidate and who is subsequently designated as a candidate
1398	for Lieutenant Governor under s. 99.063.
1399	(4)  A vacancy in nomination is not created if an order of
1400	a court that has become final determines that a nominee did not
1401	properly qualify or did not meet the necessary qualifications to
1402	hold the office for which he or she sought to qualify.
1403	(5)  In the event of unforeseeable circumstances not
1404	contemplated in these general election laws concerning the
1405	calling and holding of special primary elections and special
1406	elections resulting from court order or other unpredictable
1407	circumstances, the Department of State shall have the authority
1408	to provide for the conduct of orderly elections.
1409	Section 20.  Subsections (1), (3), (6), (7), and (8) of
1410	section 100.371, Florida Statutes, are amended to read:
1411	100.371  Initiatives; procedure for placement on ballot.-
1412	(1)  Constitutional amendments proposed by initiative shall
1413	be placed on the ballot for the general election, provided the
1414	initiative petition has been filed with the Secretary of State
1415	no later than February 1 of the year the general election is
1416	held. A petition shall be deemed to be filed with the Secretary
1417	of State upon the date the secretary determines that valid and
1418	verified petition forms have been signed by the constitutionally
1419	required number and distribution of electors under this code,
1420	subject to the right of revocation established in this section.
1421	(3)  An initiative petition form circulated for signature
1422	may not be bundled with or attached to any other petition. Each
1423	signature shall be dated when made and shall be valid for a
1424	period of 2 4 years following such date, provided all other
1425	requirements of law are met. The sponsor shall submit signed and
1426	dated forms to the appropriate supervisor of elections for
1427	verification as to the number of registered electors whose valid
1428	signatures appear thereon. If the signer is a registered voter
1429	of another county, the supervisor shall notify the petition
1430	sponsor of the misfiled petition. The supervisor shall promptly
1431	verify the signatures within 30 days after of receipt of the
1432	petition forms and payment of the fee required by s. 99.097. The
1433	supervisor shall promptly record, in the manner prescribed by
1434	the Secretary of State, the date each form is received by the
1435	supervisor, and the date the signature on the form is verified
1436	as valid. The supervisor may verify that the signature on a form
1437	is valid only if:
1438	(a)  The form contains the original signature of the
1439	purported elector.
1440	(b)  The purported elector has accurately recorded on the
1441	form the date on which he or she signed the form.
1442	(c)  The form accurately sets forth the purported elector's
1443	name, street address, city, county, and voter registration
1444	number or date of birth.
1445	(d)  The purported elector is, at the time he or she signs
1446	the form and at the time the form is verified, a duly qualified
1447	and registered elector authorized to vote in the state county in
1448	which his or her signature is submitted.
1449
1450	The supervisor shall retain the signature forms for at least 1
1451	year following the election in which the issue appeared on the
1452	ballot or until the Division of Elections notifies the
1453	supervisors of elections that the committee that which
1454	circulated the petition is no longer seeking to obtain ballot
1455	position.
1456	(6)(a)  An elector's signature on a petition form may be
1457	revoked within 150 days of the date on which he or she signed
1458	the petition form by submitting to the appropriate supervisor of
1459	elections a signed petition-revocation form.
1460	(b)  The petition-revocation form and the manner in which
1461	signatures are obtained, submitted, and verified shall be
1462	subject to the same relevant requirements and timeframes as the
1463	corresponding petition form and processes under this code and
1464	shall be approved by the Secretary of State before any signature
1465	on a petition-revocation form is obtained.
1466	(c)  In those circumstances in which a petition-revocation
1467	form for a corresponding initiative petition has not been
1468	submitted and approved, an elector may complete and submit a
1469	standard petition-revocation form directly to the supervisor of
1470	elections. All other requirements and processes apply for the
1471	submission and verification of the signatures as for initiative
1472	petitions.
1473	(d)  Supervisors of elections shall provide petition-
1474	revocation forms to the public at all main and branch offices.
1475	(e)  The petition-revocation form shall be filed with the
1476	supervisor of elections by February 1 preceding the next general
1477	election or, if the initiative amendment is not certified for
1478	ballot position in that election, by February 1 preceding the
1479	next successive general election. The supervisor of elections
1480	shall promptly verify the signature on the petition-revocation
1481	form and process such revocation upon payment, in advance, of a
1482	fee of 10 cents or the actual cost of verifying such signature,
1483	whichever is less. The supervisor shall promptly record each
1484	valid and verified signature on a petition-revocation form in
1485	the manner prescribed by the Secretary of State.
1486	(f)  The division shall adopt by rule the petition-
1487	revocation forms to be used under this subsection.
1488	(6)(7)  The Department of State may adopt rules in
1489	accordance with s. 120.54 to carry out the provisions of
1490	subsections (1)-(5) (1)-(6).
1491	(7)(8)  No provision of this code shall be deemed to
1492	prohibit a private person exercising lawful control over
1493	privately owned property, including property held open to the
1494	public for the purposes of a commercial enterprise, from
1495	excluding from such property persons seeking to engage in
1496	activity supporting or opposing initiative amendments.
1497	Section 21.  Effective July 1, 2012, subsections (3) and
1498	(4) of section 101.001, Florida Statutes, are amended to read:
1499	101.001  Precincts and polling places; boundaries.-
1500	(3)(a)  Each supervisor of elections shall maintain a
1501	suitable map drawn to a scale no smaller than 3 miles to the
1502	inch and clearly delineating all major observable features such
1503	as roads, streams, and railway lines and showing the current
1504	geographical boundaries of each precinct, representative
1505	district, and senatorial district, and other type of district in
1506	the county subject to the elections process in this code.
1507	(b)  The supervisor shall provide to the department data on
1508	all precincts in the county associated with the most recent
1509	decennial census blocks within each precinct.
1510	(c)  The department shall maintain a searchable database
1511	that contains the precincts and the corresponding most recent
1512	decennial census blocks within the precincts for each county,
1513	including a historical file that allows the census blocks to be
1514	traced through the prior decade.
1515	(d)(b)  The supervisor of elections shall notify the
1516	Secretary of State in writing within 10 30 days after any
1517	reorganization of precincts and shall furnish a copy of the map
1518	showing the current geographical boundaries and designation of
1519	each new precinct. However, if precincts are composed of whole
1520	census blocks, the supervisor may furnish, in lieu of a copy of
1521	the map, a list, in an electronic format prescribed by the
1522	Department of State, associating each census block in the county
1523	with its precinct.
1524	(e)(c)  Any precinct established or altered under the
1525	provisions of this section shall consist of areas bounded on all
1526	sides only by census block boundaries from the most recent
1527	United States Census. If the census block boundaries split or
1528	conflict with another political boundary listed below, the
1529	boundary listed below may be used:
1530	1.  Census block boundaries from the most recent United
1531	States Census;
1532	1.2.  Governmental unit boundaries reported in the most
1533	recent Boundary and Annexation Survey published by the United
1534	States Census Bureau;
1535	2.3.  Visible features that are readily distinguishable
1536	upon the ground, such as streets, railroads, tracks, streams,
1537	and lakes, and that are indicated upon current census maps,
1538	official Department of Transportation maps, official municipal
1539	maps, official county maps, or a combination of such maps;
1540	3.4.  Boundaries of public parks, public school grounds, or
1541	churches; or
1542	4.5.  Boundaries of counties, incorporated municipalities,
1543	or other political subdivisions that meet criteria established
1544	by the United States Census Bureau for block boundaries.
1545	(d)  Until July 1, 2012, a supervisor may apply for and
1546	obtain from the Secretary of State a waiver of the requirement
1547	in paragraph (c).
1548	(4)(a)  Within 10 days after there is any change in the
1549	division, number, or boundaries of the precincts, or the
1550	location of the polling places, the supervisor of elections
1551	shall make in writing an accurate description of any new or
1552	altered precincts, setting forth the boundary lines and shall
1553	identify the location of each new or altered polling place. A
1554	copy of the document describing such changes shall be posted at
1555	the supervisor's office.
1556	(b)  Any changes in the county precinct data shall be
1557	provided to the department within 10 days after a change.
1558	(c)  Precinct data shall include all precincts for which
1559	precinct-level election results and voting history results are
1560	reported.
1561	Section 22.  Subsection (1) of section 101.043, Florida
1562	Statutes, is amended to read:
1563	101.043  Identification required at polls.-
1564	(1)  The precinct register, as prescribed in s. 98.461,
1565	shall be used at the polls for the purpose of identifying the
1566	elector at the polls prior to allowing him or her to vote. The
1567	clerk or inspector shall require each elector, upon entering the
1568	polling place, to present one of the following current and valid
1569	picture identifications:
1570	(a)  Florida driver's license.
1571	(b)  Florida identification card issued by the Department
1572	of Highway Safety and Motor Vehicles.
1573	(c)  United States passport.
1574	(d)  Debit or credit card.
1575	(e)  Military identification.
1576	(f)  Student identification.
1577	(g)  Retirement center identification.
1578	(h)  Neighborhood association identification.
1579	(i)  Public assistance identification.
1580
1581	If the picture identification does not contain the signature of
1582	the voter, an additional identification that provides the
1583	elector's voter's signature shall be required. The address
1584	appearing on the identification presented by the elector is not
1585	to be used as the basis to confirm an elector's legal residence
1586	or otherwise challenge an elector's legal residence. The elector
1587	shall sign his or her name in the space provided on the precinct
1588	register or on an electronic device provided for recording the
1589	elector's voter's signature. The clerk or inspector shall
1590	compare the signature with that on the identification provided
1591	by the elector and enter his or her initials in the space
1592	provided on the precinct register or on an electronic device
1593	provided for that purpose and allow the elector to vote if the
1594	clerk or inspector is satisfied as to the identity of the
1595	elector.
1596	Section 23.  Section 101.045, Florida Statutes, is amended
1597	to read:
1598	101.045  Electors must be registered in precinct;
1599	provisions for change of residence or name.-
1600	(1)  A No person is not shall be permitted to vote in any
1601	election precinct or district other than the one in which the
1602	person has his or her legal residence and in which the person is
1603	registered. However, a person temporarily residing outside the
1604	county shall be registered in the precinct in which the main
1605	office of the supervisor, as designated by the supervisor, is
1606	located when the person has no permanent address in the county
1607	and it is the person's intention to remain a resident of Florida
1608	and of the county in which he or she is registered to vote. Such
1609	persons who are registered in the precinct in which the main
1610	office of the supervisor, as designated by the supervisor, is
1611	located and who are residing outside the county with no
1612	permanent address in the county shall not be registered electors
1613	of a municipality and therefore shall not be permitted to vote
1614	in any municipal election.
1615	(2)(a)  An elector who moves from the precinct in which the
1616	elector is registered may be permitted to vote in the precinct
1617	to which he or she has moved his or her legal residence, if the
1618	change of residence is within the same county and the provided
1619	such elector completes an affirmation in substantially the
1620	following form:
1621	Change of Legal Residence of Registered
1622	Voter
1623	Under penalties for false swearing, I, ...(Name of voter)...,
1624	swear (or affirm) that the former address of my legal residence
1625	was ...(Address of legal residence)... in the municipality of
1626	...., in .... County, Florida, and I was registered to vote in
1627	the .... precinct of .... County, Florida; that I have not voted
1628	in the precinct of my former registration in this election; that
1629	I now reside at ...(Address of legal residence)... in the
1630	Municipality of ...., in .... County, Florida, and am therefore
1631	eligible to vote in the .... precinct of .... County, Florida;
1632	and I further swear (or affirm) that I am otherwise legally
1633	registered and entitled to vote.
1634	...(Signature of voter whose address of legal residence has
1635	changed)...
1636	(b)  An elector whose change of address is from outside the
1637	county may not change his or her legal residence at the polling
1638	place and vote a regular ballot; however, such elector is
1639	entitled to vote a provisional ballot.
1640	(c)(b)  An elector whose name changes because of marriage
1641	or other legal process may be permitted to vote, provided such
1642	elector completes an affirmation in substantially the following
1643	form:
1644	Change of Name of Registered
1645	Voter
1646	Under penalties for false swearing, I, ...(New name of
1647	voter)..., swear (or affirm) that my name has been changed
1648	because of marriage or other legal process. My former name and
1649	address of legal residence appear on the registration records of
1650	precinct .... as follows:
1651	Name
1652	Address
1653	Municipality
1654	County
1655	Florida, Zip
1656	My present name and address of legal residence are as follows:
1657	Name
1658	Address
1659	Municipality
1660	County
1661	Florida, Zip
1662	and I further swear (or affirm) that I am otherwise legally
1663	registered and entitled to vote.
1664	...(Signature of voter whose name has changed)...
1665	(d)(c)  Instead of the affirmation contained in paragraph
1666	(a) or paragraph (c) (b), an elector may complete a voter
1667	registration application that indicates the change of name or
1668	change of address of legal residence.
1669	(e)(d)  Such affirmation or application, when completed and
1670	presented at the precinct in which such elector is entitled to
1671	vote, and upon verification of the elector's registration, shall
1672	entitle such elector to vote as provided in this subsection. If
1673	the elector's eligibility to vote cannot be determined, he or
1674	she shall be entitled to vote a provisional ballot, subject to
1675	the requirements and procedures in s. 101.048. Upon receipt of
1676	an affirmation or application certifying a change in address of
1677	legal residence or name, the supervisor shall as soon as
1678	practicable make the necessary changes in the statewide voter
1679	registration system to indicate the change in address of legal
1680	residence or name of such elector.
1681	Section 24.  Subsection (2) of section 101.131, Florida
1682	Statutes, is amended, and subsections (4) and (5) are added to
1683	that section, to read:
1684	101.131  Watchers at polls.-
1685	(2)  Each party, each political committee, and each
1686	candidate requesting to have poll watchers shall designate, in
1687	writing to the supervisor of elections, on a form prescribed by
1688	the division, before prior to noon of the second Tuesday
1689	preceding the election poll watchers for each polling room on
1690	election day. Designations of poll watchers for early voting
1691	areas shall be submitted in writing to the supervisor of
1692	elections, on a form prescribed by the division, before noon at
1693	least 14 days before early voting begins. The poll watchers for
1694	each polling rooms room shall be approved by the supervisor of
1695	elections on or before the Tuesday before the election. Poll
1696	watchers for early voting areas shall be approved by the
1697	supervisor of elections no later than 7 days before early voting
1698	begins. The supervisor shall furnish to each election board a
1699	list of the poll watchers designated and approved for such
1700	polling rooms room or early voting areas area. Designation of
1701	poll watchers shall be made by the chair of the county executive
1702	committee of a political party, the chair of a political
1703	committee, or the candidate requesting to have poll watchers.
1704	(4)  All poll watchers shall be allowed to enter and watch
1705	polls in all polling rooms and early voting areas within the
1706	county in which they have been designated if the number of poll
1707	watchers at any particular polling place does not exceed the
1708	number provided in this section.
1709	(5)  The supervisor of elections shall provide to each
1710	designated poll watcher, no later than 7 days before early
1711	voting begins, a poll watcher identification badge that
1712	identifies the poll watcher by name. Each poll watcher shall
1713	wear his or her identification badge while in the polling room
1714	or early voting area.
1715	Section 25.  Subsections (1), (2), and (3) of section
1716	101.151, Florida Statutes, are amended to read:
1717	101.151  Specifications for ballots.-
1718	(1)(a)  Marksense ballots shall be printed on paper of such
1719	thickness that the printing cannot be distinguished from the
1720	back and shall meet the specifications of the voting system that
1721	will be used to tabulate the ballots.
1722	(b)  Early voting sites may employ a ballot-on-demand
1723	production system to print individual marksense ballots,
1724	including provisional ballots, for eligible electors pursuant to
1725	s. 101.657. Ballot-on-demand technology may be used to produce
1726	marksense absentee and election day ballots. Not later than 30
1727	days before an election, the Secretary of State may also
1728	authorize in writing the use of ballot-on-demand technology for
1729	the production of election-day ballots.
1730	(2)(a)  The ballot shall have the following office titles
1731	headings under which shall appear the names of the offices and
1732	the names of the candidates for the respective offices in the
1733	following order:
1734	1.  The office titles of heading "President and Vice
1735	President of the United States" and thereunder the names of the
1736	candidates for President and Vice President of the United States
1737	nominated by the political party that received the highest vote
1738	for Governor in the last general election of the Governor in
1739	this state. Then shall appear the names of other candidates for
1740	President and Vice President of the United States who have been
1741	properly nominated.
1742	2.  The office titles Then shall follow the heading
1743	"Congressional" and thereunder the offices of United States
1744	Senator and Representative in Congress.;
1745	3.  The office titles then the heading "State" and
1746	thereunder the offices of Governor and Lieutenant Governor;,
1747	Attorney General;, Chief Financial Officer;, Commissioner of
1748	Agriculture;, State Attorney, with the applicable judicial
1749	circuit printed beneath the office; and Public Defender, with
1750	the applicable judicial circuit printed beneath the office.
1751	4.  together with the names of the candidates for each
1752	office and the title of the office which they seek; then the
1753	heading "Legislative" and thereunder The office titles offices
1754	of State Senator and State Representative with the applicable
1755	district for the office printed beneath.; then the heading
1756	"County" and thereunder
1757	5.  The office titles of County Clerk of the Circuit Court,
1758	or Clerk of the Circuit Court and Comptroller (whichever is
1759	applicable and when authorized by law), Clerk of the County
1760	Court (when authorized by law), County Sheriff, County Property
1761	Appraiser, County Tax Collector, District Superintendent of
1762	Schools, and County Supervisor of Elections.
1763	6.  The office titles Thereafter follows: members of the
1764	Board of County Commissioners with the applicable district
1765	printed beneath each office, and such other county and district
1766	offices as are involved in the election, in the order fixed by
1767	the Department of State, followed, in the year of their
1768	election, by "Party Offices," and thereunder the offices of
1769	state and county party executive committee members.
1770	(b)  In a general election, in addition to the names
1771	printed on the ballot, a blank space shall be provided under
1772	each heading for an office for which a write-in candidate has
1773	qualified. With respect to write-in candidates, if two or more
1774	candidates are seeking election to one office, only one blank
1775	space shall be provided.
1776	(c)(b)  When more than one candidate is nominated for
1777	office, the candidates for such office shall qualify and run in
1778	a group or district, and the group or district number shall be
1779	printed beneath the name of the office. Each nominee of a
1780	political party chosen in a primary shall appear on the general
1781	election ballot in the same numbered group or district as on the
1782	primary election ballot.
1783	(d)(c)  If in any election all the offices as set forth in
1784	paragraph (a) are not involved, those offices not to be filled
1785	shall be omitted and the remaining offices shall be arranged on
1786	the ballot in the order named.
1787	(3)(a)  The names of the candidates of the party that
1788	received the highest number of votes for Governor in the last
1789	election in which a Governor was elected shall be placed first
1790	under the heading for each office on the general election
1791	ballot, together with an appropriate abbreviation of the party
1792	name; the names of the candidates of the party that received the
1793	second highest vote for Governor shall be placed second under
1794	the heading for each office, together with an appropriate
1795	abbreviation of the party name.
1796	(b)  Minor political party candidates and candidates with
1797	no party affiliation shall have their names appear on the
1798	general election ballot following the names of recognized
1799	political parties, in the same order as they were qualified,
1800	followed by the names of candidates with no party affiliation,
1801	in the order as they were qualified certified.
1802	Section 26.  Paragraph (a) of subsection (2) of section
1803	101.5605, Florida Statutes, is amended to read:
1804	101.5605  Examination and approval of equipment.-
1805	(2)(a)  Any person owning or interested in an electronic or
1806	electromechanical voting system may submit it to the Department
1807	of State for examination. The vote counting segment shall be
1808	certified after a satisfactory evaluation testing has been
1809	performed according to s. 101.015(1) electronic industry
1810	standards. This testing shall include, but is not limited to,
1811	testing of all software required for the voting system's
1812	operation; the ballot reader; the rote processor, especially in
1813	its logic and memory components; the digital printer; the fail-
1814	safe operations; the counting center environmental requirements;
1815	and the equipment reliability estimate. For the purpose of
1816	assisting in examining the system, the department shall employ
1817	or contract for services of at least one individual who is
1818	expert in one or more fields of data processing, mechanical
1819	engineering, and public administration and shall require from
1820	the individual a written report of his or her examination.
1821	Section 27.  Subsection (11) of section 101.5606, Florida
1822	Statutes, is amended to read:
1823	101.5606  Requirements for approval of systems.-No
1824	electronic or electromechanical voting system shall be approved
1825	by the Department of State unless it is so constructed that:
1826	(11)  It is capable of automatically producing precinct
1827	totals in printed, marked, or punched form, or a combination
1828	thereof.
1829	Section 28.  Paragraph (a) of subsection (4) of section
1830	101.5612, Florida Statutes, is amended to read:
1831	101.5612  Testing of tabulating equipment.-
1832	(4)(a)1.  For electronic or electromechanical voting
1833	systems configured to include electronic or electromechanical
1834	tabulation devices which are distributed to the precincts, all
1835	or a sample of the devices to be used in the election shall be
1836	publicly tested. If a sample is to be tested, the sample shall
1837	consist of a random selection of at least 5 percent or 10 of the
1838	devices for an optical scan system or 2 percent of the devices
1839	for a touchscreen system or 10 of the devices for either system,
1840	as applicable, whichever is greater. For touchscreen systems
1841	used for voters with disabilities, a sample of at least 2
1842	percent of the devices must be tested. The test shall be
1843	conducted by processing a group of ballots, causing the device
1844	to output results for the ballots processed, and comparing the
1845	output of results to the results expected for the ballots
1846	processed. The group of ballots shall be produced so as to
1847	record a predetermined number of valid votes for each candidate
1848	and on each measure and to include for each office one or more
1849	ballots which have activated voting positions in excess of the
1850	number allowed by law in order to test the ability of the
1851	tabulating device to reject such votes.
1852	2.  If any tested tabulating device is found to have an
1853	error in tabulation, it shall be deemed unsatisfactory. For each
1854	device deemed unsatisfactory, the canvassing board shall take
1855	steps to determine the cause of the error, shall attempt to
1856	identify and test other devices that could reasonably be
1857	expected to have the same error, and shall test a number of
1858	additional devices sufficient to determine that all devices are
1859	satisfactory. Upon deeming any device unsatisfactory, the
1860	canvassing board may require all devices to be tested or may
1861	declare that all devices are unsatisfactory.
1862	3.  If the operation or output of any tested tabulation
1863	device, such as spelling or the order of candidates on a report,
1864	is in error, such problem shall be reported to the canvassing
1865	board. The canvassing board shall then determine if the reported
1866	problem warrants its deeming the device unsatisfactory.
1867	Section 29.  Subsection (4) of section 101.5614, Florida
1868	Statutes, is amended to read:
1869	101.5614  Canvass of returns.-
1870	(4)  If ballot cards are used, and separate write-in
1871	ballots or envelopes for casting write-in votes are used, write-
1872	in ballots or the envelopes on which write-in ballots have been
1873	cast shall be serially numbered, starting with the number one,
1874	and the same number shall be placed on the ballot card of the
1875	voter. This process may be completed at either the precinct by
1876	the election board or at the central counting location. For each
1877	ballot or ballot image and ballot envelope on which write-in
1878	votes have been cast, the canvassing board shall compare the
1879	write-in votes with the votes cast on the ballot card.; If the
1880	total number of votes for any office exceeds the number allowed
1881	by law, a notation to that effect, specifying the office
1882	involved, shall be entered on the back of the ballot card or in
1883	a margin if voting areas are printed on both sides of the ballot
1884	card. such votes shall not be counted. All valid votes shall be
1885	tallied by the canvassing board.
1886	Section 30.  Subsection (6) is added to section 101.591,
1887	Florida Statutes, to read:
1888	101.591  Voting system audit.-
1889	(6)  If a manual recount is undertaken pursuant to s.
1890	102.166, the canvassing board is not required to perform the
1891	audit provided for in this section.
1892	Section 31.  Paragraphs (a) and (b) of subsection (1) and
1893	subsections (3) and (4) of section 101.62, Florida Statutes, are
1894	amended to read:
1895	101.62  Request for absentee ballots.-
1896	(1)(a)  The supervisor shall accept a request for an
1897	absentee ballot from an elector in person or in writing. One
1898	request shall be deemed sufficient to receive an absentee ballot
1899	for all elections through the end of the calendar year of the
1900	next two regularly scheduled general elections election, unless
1901	the elector or the elector's designee indicates at the time the
1902	request is made the elections for which the elector desires to
1903	receive an absentee ballot. Such request may be considered
1904	canceled when any first-class mail sent by the supervisor to the
1905	elector is returned as undeliverable.
1906	(b)  The supervisor may accept a written or telephonic
1907	request for an absentee ballot from the elector, or, if directly
1908	instructed by the elector, a member of the elector's immediate
1909	family, or the elector's legal guardian. For purposes of this
1910	section, the term "immediate family" has the same meaning as
1911	specified in paragraph (4)(c)(b). The person making the request
1912	must disclose:
1913	1.  The name of the elector for whom the ballot is
1914	requested.
1915	2.  The elector's address.
1916	3.  The elector's date of birth.
1917	4.  The requester's name.
1918	5.  The requester's address.
1919	6.  The requester's driver's license number, if available.
1920	7.  The requester's relationship to the elector.
1921	8.  The requester's signature (written requests only).
1922	(3)  For each request for an absentee ballot received, the
1923	supervisor shall record the date the request was made, the date
1924	the absentee ballot was delivered to the voter or the voter's
1925	designee or the date the absentee ballot was delivered to the
1926	post office or other carrier, the date the ballot was received
1927	by the supervisor, and such other information he or she may deem
1928	necessary. This information shall be provided in electronic
1929	format as provided by rule adopted by the division. The
1930	information shall be updated and made available no later than 8
1931	a.m. noon of each day, including weekends, beginning 60 days
1932	before the primary until 15 days after the general election and
1933	shall be contemporaneously provided to the division. This
1934	information shall be confidential and exempt from the provisions
1935	of s. 119.07(1) and shall be made available to or reproduced
1936	only for the voter requesting the ballot, a canvassing board, an
1937	election official, a political party or official thereof, a
1938	candidate who has filed qualification papers and is opposed in
1939	an upcoming election, and registered political committees or
1940	registered committees of continuous existence, for political
1941	purposes only.
1942	(4)(a)  No later than 45 days before each presidential
1943	preference primary election, primary election, and general
1944	election, the supervisor of elections shall send an absentee
1945	ballot as provided in subparagraph (c)2. (b)2. to each absent
1946	uniformed services voter and to each overseas voter who has
1947	requested an absentee ballot.
1948	(b)  The supervisor of elections shall mail an absentee
1949	ballot to each absent qualified voter, other than those listed
1950	in paragraph (a), who has requested such a ballot, between the
1951	35th and 28th days before the presidential preference primary
1952	election, primary election, and general election. Except as
1953	otherwise provided in subsection (2) and after the period
1954	described in this paragraph, the supervisor shall mail absentee
1955	ballots within 2 business days after receiving a request for
1956	such a ballot.
1957	(c)(b)  The supervisor shall provide an absentee ballot to
1958	each elector by whom a request for that ballot has been made by
1959	one of the following means:
1960	1.  By nonforwardable, return-if-undeliverable mail to the
1961	elector's current mailing address on file with the supervisor or
1962	, unless the elector specifies in the request that:
1963	a.  The elector is absent from the county and does not plan
1964	to return before the day of the election;
1965	b.  The elector is temporarily unable to occupy the
1966	residence because of hurricane, tornado, flood, fire, or other
1967	emergency or natural disaster; or
1968	c.  The elector is in a hospital, assisted living facility,
1969	nursing home, short-term medical or rehabilitation facility, or
1970	correctional facility,
1971
1972	in which case the supervisor shall mail the ballot by
1973	nonforwardable, return-if-undeliverable mail to any other
1974	address the elector specifies in the request.
1975	2.  By forwardable mail, e-mail, or facsimile machine
1976	transmission to absent uniformed services voters and overseas
1977	voters. The absent uniformed services voter or overseas voter
1978	may designate in the absentee ballot request the preferred
1979	method of transmission. If the voter does not designate the
1980	method of transmission, the absentee ballot shall be mailed.
1981	3.  By personal delivery before 7 p.m. on election day to
1982	the elector, upon presentation of the identification required in
1983	s. 101.043.
1984	4.  By delivery to a designee on election day or up to 5
1985	days prior to the day of an election. Any elector may designate
1986	in writing a person to pick up the ballot for the elector;
1987	however, the person designated may not pick up more than two
1988	absentee ballots per election, other than the designee's own
1989	ballot, except that additional ballots may be picked up for
1990	members of the designee's immediate family. For purposes of this
1991	section, "immediate family" means the designee's spouse or the
1992	parent, child, grandparent, or sibling of the designee or of the
1993	designee's spouse. The designee shall provide to the supervisor
1994	the written authorization by the elector and a picture
1995	identification of the designee and must complete an affidavit.
1996	The designee shall state in the affidavit that the designee is
1997	authorized by the elector to pick up that ballot and shall
1998	indicate if the elector is a member of the designee's immediate
1999	family and, if so, the relationship. The department shall
2000	prescribe the form of the affidavit. If the supervisor is
2001	satisfied that the designee is authorized to pick up the ballot
2002	and that the signature of the elector on the written
2003	authorization matches the signature of the elector on file, the
2004	supervisor shall give the ballot to that designee for delivery
2005	to the elector.
2006	Section 32.  Section 101.65, Florida Statutes, is amended
2007	to read:
2008	101.65  Instructions to absent electors.-The supervisor
2009	shall enclose with each absentee ballot separate printed
2010	instructions in substantially the following form:
2011
2012	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
2013	1.  VERY IMPORTANT. In order to ensure that your absentee
2014	ballot will be counted, it should be completed and returned as
2015	soon as possible so that it can reach the supervisor of
2016	elections of the county in which your precinct is located no
2017	later than 7 p.m. on the day of the election.
2018	2.  Mark your ballot in secret as instructed on the ballot.
2019	You must mark your own ballot unless you are unable to do so
2020	because of blindness, disability, or inability to read or write.
2021	3.  Mark only the number of candidates or issue choices for
2022	a race as indicated on the ballot. If you are allowed to "Vote
2023	for One" candidate and you vote for more than one candidate,
2024	your vote in that race will not be counted.
2025	4.  Place your marked ballot in the enclosed secrecy
2026	envelope.
2027	5.  Insert the secrecy envelope into the enclosed mailing
2028	envelope which is addressed to the supervisor.
2029	6.  Seal the mailing envelope and completely fill out the
2030	Voter's Certificate on the back of the mailing envelope.
2031	7.  VERY IMPORTANT. In order for your absentee ballot to be
2032	counted, you must sign your name on the line above (Voter's
2033	Signature). An absentee ballot will be considered illegal and
2034	will not be counted if the signature on the voter's certificate
2035	does not match the signature on record. The signature on file at
2036	the start of the canvass of the absentee ballots is the
2037	signature that will be used to verify your signature on the
2038	voter's certificate. If you need to update your signature for
2039	this election, send your signature update on a voter
2040	registration application to your supervisor of elections so that
2041	it is received no later than the start of the canvassing of
2042	absentee ballots, which occurs no earlier than the 15th day
2043	before election day.
2044	8.  VERY IMPORTANT. If you are an overseas voter, you must
2045	include the date you signed the Voter's Certificate on the line
2046	above (Date) or your ballot may not be counted.
2047	9.  Mail, deliver, or have delivered the completed mailing
2048	envelope. Be sure there is sufficient postage if mailed.
2049	10.  FELONY NOTICE. It is a felony under Florida law to
2050	accept any gift, payment, or gratuity in exchange for your vote
2051	for a candidate. It is also a felony under Florida law to vote
2052	in an election using a false identity or false address, or under
2053	any other circumstances making your ballot false or fraudulent.
2054	Section 33.  Paragraph (a) of subsection (2) of section
2055	101.68, Florida Statutes, is amended to read:
2056	101.68  Canvassing of absentee ballot.-
2057	(2)(a)  The county canvassing board may begin the
2058	canvassing of absentee ballots at 7 a.m. on the 15th sixth day
2059	before the election, but not later than noon on the day
2060	following the election. In addition, for any county using
2061	electronic tabulating equipment, the processing of absentee
2062	ballots through such tabulating equipment may begin at 7 a.m. on
2063	the 15th sixth day before the election. However, notwithstanding
2064	any such authorization to begin canvassing or otherwise
2065	processing absentee ballots early, no result shall be released
2066	until after the closing of the polls in that county on election
2067	day. Any supervisor of elections, deputy supervisor of
2068	elections, canvassing board member, election board member, or
2069	election employee who releases the results of a canvassing or
2070	processing of absentee ballots prior to the closing of the polls
2071	in that county on election day commits a felony of the third
2072	degree, punishable as provided in s. 775.082, s. 775.083, or s.
2073	775.084.
2074	Section 34.  Subsection (2) of section 101.6923, Florida
2075	Statutes, is amended to read:
2076	101.6923  Special absentee ballot instructions for certain
2077	first-time voters.-
2078	(2)  A voter covered by this section shall be provided with
2079	printed instructions with his or her absentee ballot in
2080	substantially the following form:
2081
2082	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
2083	FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
2084	TO COUNT.
2085
2086	1.  In order to ensure that your absentee ballot will be
2087	counted, it should be completed and returned as soon as possible
2088	so that it can reach the supervisor of elections of the county
2089	in which your precinct is located no later than 7 p.m. on the
2090	date of the election.
2091	2.  Mark your ballot in secret as instructed on the ballot.
2092	You must mark your own ballot unless you are unable to do so
2093	because of blindness, disability, or inability to read or write.
2094	3.  Mark only the number of candidates or issue choices for
2095	a race as indicated on the ballot. If you are allowed to "Vote
2096	for One" candidate and you vote for more than one, your vote in
2097	that race will not be counted.
2098	4.  Place your marked ballot in the enclosed secrecy
2099	envelope and seal the envelope.
2100	5.  Insert the secrecy envelope into the enclosed envelope
2101	bearing the Voter's Certificate. Seal the envelope and
2102	completely fill out the Voter's Certificate on the back of the
2103	envelope.
2104	a.  You must sign your name on the line above (Voter's
2105	Signature).
2106	b.  If you are an overseas voter, you must include the date
2107	you signed the Voter's Certificate on the line above (Date) or
2108	your ballot may not be counted.
2109	c.  An absentee ballot will be considered illegal and will
2110	not be counted if the signature on the voter's certificate does
2111	not match the signature on record. The signature on file at the
2112	start of the canvass of the absentee ballots is the signature
2113	that will be used to verify your signature on the voter's
2114	certificate. If you need to update your signature for this
2115	election, send your signature update on a voter registration
2116	application to your supervisor of elections so that it is
2117	received no later than the start of canvassing of absentee
2118	ballots, which occurs no earlier than the 15th day before
2119	election day.
2120	6.  Unless you meet one of the exemptions in Item 7., you
2121	must make a copy of one of the following forms of
2122	identification:
2123	a.  Identification which must include your name and
2124	photograph: United States passport; debit or credit card;
2125	military identification; student identification; retirement
2126	center identification; neighborhood association identification;
2127	or public assistance identification; or
2128	b.  Identification which shows your name and current
2129	residence address: current utility bill, bank statement,
2130	government check, paycheck, or government document (excluding
2131	voter identification card).
2132	7.  The identification requirements of Item 6. do not apply
2133	if you meet one of the following requirements:
2134	a.  You are 65 years of age or older.
2135	b.  You have a temporary or permanent physical disability.
2136	c.  You are a member of a uniformed service on active duty
2137	who, by reason of such active duty, will be absent from the
2138	county on election day.
2139	d.  You are a member of the Merchant Marine who, by reason
2140	of service in the Merchant Marine, will be absent from the
2141	county on election day.
2142	e.  You are the spouse or dependent of a member referred to
2143	in paragraph c. or paragraph d. who, by reason of the active
2144	duty or service of the member, will be absent from the county on
2145	election day.
2146	f.  You are currently residing outside the United States.
2147	8.  Place the envelope bearing the Voter's Certificate into
2148	the mailing envelope addressed to the supervisor. Insert a copy
2149	of your identification in the mailing envelope. DO NOT PUT YOUR
2150	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2151	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2152	BALLOT WILL NOT COUNT.
2153	9.  Mail, deliver, or have delivered the completed mailing
2154	envelope. Be sure there is sufficient postage if mailed.
2155	10.  FELONY NOTICE. It is a felony under Florida law to
2156	accept any gift, payment, or gratuity in exchange for your vote
2157	for a candidate. It is also a felony under Florida law to vote
2158	in an election using a false identity or false address, or under
2159	any other circumstances making your ballot false or fraudulent.
2160	Section 35.  Subsection (3) of section 101.75, Florida
2161	Statutes, is amended to read:
2162	101.75  Municipal elections; change of dates for cause.-
2163	(3)  Notwithstanding any provision of local law or
2164	municipal charter, the governing body of a municipality may, by
2165	ordinance, move the date of any municipal election to a date
2166	concurrent with any statewide or countywide election. The dates
2167	for qualifying for the election moved by the passage of such
2168	ordinance shall be specifically provided for in the ordinance
2169	and shall run for no less than 14 days. The term of office for
2170	any elected municipal official shall commence as provided by the
2171	relevant municipal charter or ordinance.
2172	Section 36.  Subsection (4) of section 102.031, Florida
2173	Statutes, is amended to read:
2174	102.031  Maintenance of good order at polls; authorities;
2175	persons allowed in polling rooms and early voting areas;
2176	unlawful solicitation of voters.-
2177	(4)(a)  A No person, political committee, committee of
2178	continuous existence, or other group or organization may not
2179	solicit voters inside the polling place or within 100 feet of
2180	the entrance to any polling place, or polling room where the
2181	polling place is also a polling room, or early voting site.
2182	(b)  A person, political committee, committee of continuous
2183	existence, or other group or organization may not solicit voters
2184	who are standing in line to enter any polling place, polling
2185	room, or early voting site.
2186	(c)  Before the opening of the polling place or early
2187	voting site, the clerk or supervisor shall designate the no-
2188	solicitation zone and mark the boundaries and shall post a sign
2189	stating that no one may solicit a person standing in line to
2190	vote.
2191	(d)(b)  For the purpose of this subsection, whether in
2192	person or by means of audio or visual equipment, the terms
2193	"solicit" or "solicitation" shall include, but not be limited
2194	to, seeking or attempting to seek any vote, fact, opinion, or
2195	contribution; distributing or attempting to distribute any
2196	political or campaign material, leaflet, or handout; conducting
2197	a poll except as specified in this paragraph; seeking or
2198	attempting to seek a signature on any petition; offering voting
2199	or legal advice regarding voting or ballots; and selling or
2200	attempting to sell any item. The terms "solicit" or
2201	"solicitation" shall not be construed to prohibit exit polling.
2202	(e)(c)  Each supervisor of elections shall inform the clerk
2203	of the area within which soliciting is unlawful, based on the
2204	particular characteristics of that polling place. The supervisor
2205	or the clerk may take any reasonable action necessary to ensure
2206	order at the polling places, including, but not limited to,
2207	having disruptive and unruly persons removed by law enforcement
2208	officers from the polling room or place or from the 100-foot
2209	zone surrounding the polling place.
2210	Section 37.  Subsection (4) of section 102.141, Florida
2211	Statutes, is amended to read:
2212	102.141  County canvassing board; duties.-
2213	(4)  The canvassing board shall report all early voting and
2214	all tabulated absentee results to the Department of State within
2215	30 minutes after the polls close. Thereafter, the canvassing
2216	board shall report, with the exception of provisional ballot
2217	results, updated precinct election results to the department at
2218	least every 45 minutes until all results are completely
2219	reported. The supervisor of elections shall notify the
2220	department immediately of any circumstances that do not permit
2221	periodic updates as required. Results shall be submitted in a
2222	format prescribed by the department submit by 11:59 p.m. on
2223	election night the preliminary returns it has received to the
2224	Department of State in a format provided by the department.
2225	Section 38.  Subsection (4) of section 102.168, Florida
2226	Statutes, is amended, and subsection (8) is added to that
2227	section, to read:
2228	102.168  Contest of election.-
2229	(4)  The county canvassing board responsible for canvassing
2230	the election is an indispensable and proper party defendant in
2231	county and local elections.; The Elections Canvassing Commission
2232	is an indispensable and proper party defendant in federal,
2233	state, and multicounty elections and in elections for justice of
2234	the Supreme Court, judge of a district court of appeal, and
2235	judge of a circuit court. races; and The successful candidate is
2236	an indispensable party to any action brought to contest the
2237	election or nomination of a candidate.
2238	(8)  In any contest that requires a review of a canvassing
2239	board's decision that an absentee ballot is illegal under s.
2240	101.68, because the signature of the elector on the voter's
2241	certificate is not the signature of the elector in the
2242	registration records, the circuit court may not look at or
2243	consider any evidence beyond the elector's signature on the
2244	voter's certificate and in the registration records. The court's
2245	review of the issue shall be to determine only if the canvassing
2246	board abused its discretion in making its decision.
2247	Section 39.  Subsection (4) of section 103.021, Florida
2248	Statutes, is amended to read:
2249	103.021  Nomination for presidential electors.-Candidates
2250	for presidential electors shall be nominated in the following
2251	manner:
2252	(4)(a)  A minor political party that is affiliated with a
2253	national party holding a national convention to nominate
2254	candidates for President and Vice President of the United States
2255	may have the names of its candidates for President and Vice
2256	President of the United States printed on the general election
2257	ballot by filing with the Department of State a certificate
2258	naming the candidates for President and Vice President and
2259	listing the required number of persons to serve as electors.
2260	Notification to the Department of State under this subsection
2261	shall be made by September 1 of the year in which the election
2262	is held. When the Department of State has been so notified, it
2263	shall order the names of the candidates nominated by the minor
2264	political party to be included on the ballot and shall permit
2265	the required number of persons to be certified as electors in
2266	the same manner as other party candidates. As used in this
2267	section, the term "national party" means a political party that
2268	is registered with and recognized as a qualified national
2269	committee of a political party by the Federal Election
2270	Commission established and admitted to the ballot in at least
2271	one state other than Florida.
2272	(b)  A minor political party that is not affiliated with a
2273	national party holding a national convention to nominate
2274	candidates for President and Vice President of the United States
2275	may have the names of its candidates for President and Vice
2276	President printed on the general election ballot if a petition
2277	is signed by a number of electors in each of one half of the
2278	congressional districts of the state, and of the state as a
2279	whole, equal to 4 percent of the votes cast in each of such
2280	districts respectively and in the state as a whole in the last
2281	preceding election in which presidential electors were chosen 1
2282	percent of the registered electors of this state, as shown by
2283	the compilation by the Department of State for the preceding
2284	general election. A separate petition from each county for which
2285	signatures are solicited shall be submitted to the supervisors
2286	of elections of the respective county no later than July 15 of
2287	each presidential election year. The supervisor shall check the
2288	names and, on or before the date of the primary election, shall
2289	certify the number shown as registered electors of the county.
2290	The supervisor shall be paid by the person requesting the
2291	certification the cost of checking the petitions as prescribed
2292	in s. 99.097. The supervisor shall then forward the certificate
2293	to the Department of State, which shall determine whether or not
2294	the percentage factor required in this section has been met.
2295	When the percentage factor required in this section has been
2296	met, the Department of State shall order the names of the
2297	candidates for whom the petition was circulated to be included
2298	on the ballot and shall permit the required number of persons to
2299	be certified as electors in the same manner as other party
2300	candidates.
2301	Section 40.  Section 103.095, Florida Statutes, is created
2302	to read:
2303	103.095  Minor political parties.-
2304	(1)  Any group of citizens organized for the general
2305	purposes of electing to office qualified persons and determining
2306	public issues under the democratic processes of the United
2307	States may become a minor political party of this state by
2308	filing with the department a certificate showing the name of the
2309	organization, the names and addresses of its current officers,
2310	including the members of its executive committee, accompanied by
2311	a completed uniform statewide voter registration application as
2312	specified in s. 97.052 for each of its current officers and
2313	members of its executive committee that reflect their
2314	affiliation with the proposed minor political party, and a copy
2315	of its constitution, bylaws, and rules and regulations.
2316	(2)  The members of the executive committee shall include a
2317	chair, vice chair, secretary, and treasurer, all of whom shall
2318	be members of the minor political party and no member may hold
2319	more than one office, except that one person may hold the
2320	offices of secretary and treasurer.
2321	(3)  Upon approval of the minor political party's filing,
2322	the department shall process the voter registration applications
2323	submitted by the minor political party's officers and members of
2324	its executive committee. It shall be the duty of the minor
2325	political party to notify the department of any changes in the
2326	filing certificate within 5 days after such changes.
2327	(4)  The Division of Elections shall adopt rules to
2328	prescribe the manner in which the Department of State may cancel
2329	the filings of political parties, including minor political
2330	parties. Such rules shall, at a minimum, provide for:
2331	(a)  Notice containing the facts and conduct that warrant
2332	the intended action, including, but not limited to, the failure
2333	to notify the department of replacement officers, the failure to
2334	file campaign finance reports, and limited activity.
2335	(b)  Adequate opportunity to respond.
2336	(c)  Appeal of the decision to the Florida Elections
2337	Commission. Such appeals are exempt from the confidentiality
2338	provisions of s. 106.25.
2339	(5)  The requirements of this section are retroactive for
2340	any minor political party registered with the department on July
2341	1, 2011, and must be complied with within 180 days after the
2342	department provides notice to the minor political party of the
2343	requirements contained in this section. Failure of the minor
2344	political party to comply with the requirements within 180 days
2345	after receipt of the notice shall automatically result in the
2346	cancellation of the minor political party's registration.
2347	Section 41.  Subsections (1) and (2) of section 103.101,
2348	Florida Statutes, are amended to read:
2349	103.101  Presidential preference primary.-
2350	(1)(a)  There shall be a Presidential Preference Primary
2351	Date Selection Committee composed of the Secretary of State, who
2352	shall be a nonvoting chair; three members, no more than two of
2353	whom may be from the same political party, appointed by the
2354	Governor; three members, no more than two of whom may be from
2355	the same political party, appointed by the Speaker of the House
2356	of Representatives; and three members, no more than two of whom
2357	may be from the same political party, appointed by the President
2358	of the Senate. No later than October 1 of the year preceding the
2359	presidential preference primary, the committee shall meet and
2360	set a date for the presidential preference primary. The date
2361	selected may be no earlier than the first Tuesday in January and
2362	no later than the first Tuesday in March in the year of the
2363	presidential preference primary. The presidential preference
2364	primary shall be held in each year the number of which is a
2365	multiple of four.
2366	(b)  Each political party other than a minor political
2367	party shall, on the date selected by the Presidential Preference
2368	Primary Date Selection Committee last Tuesday in January in each
2369	year the number of which is a multiple of 4, elect one person to
2370	be the candidate for nomination of such party for President of
2371	the United States or select delegates to the national nominating
2372	convention, as provided by party rule.
2373	(2)(a)  There shall be a Presidential Candidate Selection
2374	Committee composed of the Secretary of State, who shall be a
2375	nonvoting chair; the Speaker of the House of Representatives;
2376	the President of the Senate; the minority leader of each house
2377	of the Legislature; and the chair of each political party
2378	required to have a presidential preference primary under this
2379	section.
2380	(b)  By October 31 of the year preceding the presidential
2381	preference primary, each political party shall submit to the
2382	Secretary of State a list of its presidential candidates to be
2383	placed on the presidential preference primary ballot or
2384	candidates entitled to have delegates appear on the presidential
2385	preference primary ballot. The Secretary of State shall prepare
2386	and publish a list of the names of the presidential candidates
2387	submitted not later than on the first Tuesday after the first
2388	Monday in November of the year preceding the presidential
2389	preference primary. The Secretary of State shall submit such
2390	list of names of presidential candidates to the selection
2391	committee on the first Tuesday after the first Monday in
2392	November of the year preceding the presidential preference
2393	primary. Each person designated as a presidential candidate
2394	shall have his or her name appear, or have his or her delegates'
2395	names appear, on the presidential preference primary ballot
2396	unless all committee members of the same political party as the
2397	candidate agree to delete such candidate's name from the ballot.
2398	(c)  The selection committee shall meet in Tallahassee on
2399	the first Tuesday after the first Monday in November of the year
2400	preceding the presidential preference primary. The selection
2401	committee shall publicly announce and submit to the Department
2402	of State no later than 5 p.m. on the following day the names of
2403	presidential candidates who shall have their names appear, or
2404	who are entitled to have their delegates' names appear, on the
2405	presidential preference primary ballot. The Department of State
2406	shall immediately notify each presidential candidate listed
2407	designated by the Secretary of State committee. Such
2408	notification shall be in writing, by registered mail, with
2409	return receipt requested.
2410	Section 42.  Section 103.141, Florida Statutes, is amended
2411	to read:
2412	103.141  Removal of county executive committee member for
2413	violation of oath.-
2414	(1)  If Where the county executive committee by at least a
2415	two-thirds majority vote of the members of the committee,
2416	attending a meeting held after due notice has been given and at
2417	which meeting a quorum is present, determines an incumbent
2418	county executive committee member is to be guilty of an offense
2419	involving a violation of the member's oath of office, the said
2420	member so violating his or her oath shall be removed from office
2421	and the office shall be deemed vacant. Provided, However, if the
2422	county committee wrongfully removes a county committee member
2423	and the committee member so wrongfully removed files suit in the
2424	circuit court alleging his or her removal was wrongful and wins
2425	the said suit, the committee member shall be restored to office
2426	and the county committee shall pay the costs incurred by the
2427	wrongfully removed committee member in bringing the suit,
2428	including reasonable attorney's fees.
2429	(2)  Any officer, county committeeman, county
2430	committeewoman, precinct committeeman, precinct committeewoman,
2431	or member of a county executive committee may be removed from
2432	office pursuant to s. 103.161.
2433	Section 43.  Section 104.29, Florida Statutes, is amended
2434	to read:
2435	104.29  Inspectors refusing to allow watchers while ballots
2436	are counted.-The inspectors or other election officials at the
2437	polling place shall, after the polls close at all times while
2438	the ballots are being counted, allow as many as three persons
2439	near to them to see whether the ballots are being correctly
2440	reconciled. read and called and the votes correctly tallied, and
2441	Any official who denies this privilege or interferes therewith
2442	commits is guilty of a misdemeanor of the first degree,
2443	punishable as provided in s. 775.082 or s. 775.083.
2444	Section 44.  Subsection (3), paragraph (a) of subsection
2445	(4), paragraph (b) of subsection (5), subsection (15), and
2446	paragraph (c) of subsection (16) of section 106.011, Florida
2447	Statutes, are amended to read:
2448	106.011  Definitions.-As used in this chapter, the
2449	following terms have the following meanings unless the context
2450	clearly indicates otherwise:
2451	(3)  "Contribution" means:
2452	(a)  A gift, subscription, conveyance, deposit, loan,
2453	payment, or distribution of money or anything of value,
2454	including contributions in kind having an attributable monetary
2455	value in any form, made for the purpose of influencing the
2456	results of an election or making an electioneering
2457	communication.
2458	(b)  A transfer of funds between political committees,
2459	between committees of continuous existence, between
2460	electioneering communications organizations, or between any
2461	combination of these groups.
2462	(c)  The payment, by any person other than a candidate or
2463	political committee, of compensation for the personal services
2464	of another person which are rendered to a candidate or political
2465	committee without charge to the candidate or committee for such
2466	services.
2467	(d)  The transfer of funds by a campaign treasurer or
2468	deputy campaign treasurer between a primary depository and a
2469	separate interest-bearing account or certificate of deposit, and
2470	the term includes any interest earned on such account or
2471	certificate.
2472
2473	Notwithstanding the foregoing meanings of "contribution," the
2474	word shall not be construed to include services, including, but
2475	not limited to, legal and accounting services, provided without
2476	compensation by individuals volunteering a portion or all of
2477	their time on behalf of a candidate or political committee,
2478	funds received under s. 106.012, or. This definition shall not
2479	be construed to include editorial endorsements.
2480	(4)(a)  "Expenditure" means a purchase, payment,
2481	distribution, loan, advance, transfer of funds by a campaign
2482	treasurer or deputy campaign treasurer between a primary
2483	depository and a separate interest-bearing account or
2484	certificate of deposit, or gift of money or anything of value
2485	made for the purpose of influencing the results of an election
2486	or making an electioneering communication. However,
2487	"expenditure" does not include funds spent under s. 106.012 or a
2488	purchase, payment, distribution, loan, advance, or gift of money
2489	or anything of value made for the purpose of influencing the
2490	results of an election when made by an organization, in
2491	existence prior to the time during which a candidate qualifies
2492	or an issue is placed on the ballot for that election, for the
2493	purpose of printing or distributing such organization's
2494	newsletter, containing a statement by such organization in
2495	support of or opposition to a candidate or issue, which
2496	newsletter is distributed only to members of such organization.
2497	(5)
2498	(b)  An expenditure for the purpose of expressly advocating
2499	the election or defeat of a candidate which is made by the
2500	national, state, or county executive committee of a political
2501	party, including any subordinate committee of a national, state,
2502	or county committee of a political party, or by any political
2503	committee or committee of continuous existence, or any other
2504	person, shall not be considered an independent expenditure if
2505	the committee or person:
2506	1.  Communicates with the candidate, the candidate's
2507	campaign, or an agent of the candidate acting on behalf of the
2508	candidate, including any pollster, media consultant, advertising
2509	agency, vendor, advisor, or staff member, concerning the
2510	preparation of, use of, or payment for, the specific expenditure
2511	or advertising campaign at issue; or
2512	2.  Makes a payment in cooperation, consultation, or
2513	concert with, at the request or suggestion of, or pursuant to
2514	any general or particular understanding with the candidate, the
2515	candidate's campaign, a political committee supporting the
2516	candidate, or an agent of the candidate relating to the specific
2517	expenditure or advertising campaign at issue; or
2518	3.  Makes a payment for the dissemination, distribution, or
2519	republication, in whole or in part, of any broadcast or any
2520	written, graphic, or other form of campaign material prepared by
2521	the candidate, the candidate's campaign, or an agent of the
2522	candidate, including any pollster, media consultant, advertising
2523	agency, vendor, advisor, or staff member; or
2524	4.  Makes a payment based on information about the
2525	candidate's plans, projects, or needs communicated to a member
2526	of the committee or person by the candidate or an agent of the
2527	candidate, provided the committee or person uses the information
2528	in any way, in whole or in part, either directly or indirectly,
2529	to design, prepare, or pay for the specific expenditure or
2530	advertising campaign at issue; or
2531	5.  After the last day of the qualifying period prescribed
2532	for the candidate for statewide or legislative office, consults
2533	about the candidate's plans, projects, or needs in connection
2534	with the candidate's pursuit of election to office and the
2535	information is used in any way to plan, create, design, or
2536	prepare an independent expenditure or advertising campaign,
2537	with:
2538	a.  Any officer, director, employee, or agent of a
2539	national, state, or county executive committee of a political
2540	party that has made or intends to make expenditures in
2541	connection with or contributions to the candidate; or
2542	b.  Any person whose professional services have been
2543	retained by a national, state, or county executive committee of
2544	a political party that has made or intends to make expenditures
2545	in connection with or contributions to the candidate; or
2546	6.  After the last day of the qualifying period prescribed
2547	for the candidate for statewide or legislative office, retains
2548	the professional services of any person also providing those
2549	services to the candidate in connection with the candidate's
2550	pursuit of election to office; or
2551	7.  Arranges, coordinates, or directs the expenditure, in
2552	any way, with the candidate or an agent of the candidate.
2553	(15)  "Unopposed candidate" means a candidate for
2554	nomination or election to an office who, after the last day on
2555	which any person, including a write-in candidate, may qualify,
2556	is without opposition in the election at which the office is to
2557	be filled or who is without such opposition after such date as a
2558	result of any primary election or of withdrawal by other
2559	candidates seeking the same office. A candidate is not an
2560	unopposed candidate if there is a vacancy to be filled under s.
2561	100.111(3) s. 100.111(4), if there is a legal proceeding pending
2562	regarding the right to a ballot position for the office sought
2563	by the candidate, or if the candidate is seeking retention as a
2564	justice or judge.
2565	(16)  "Candidate" means any person to whom any one or more
2566	of the following apply:
2567	(c)  Any person who receives contributions or makes
2568	expenditures, or consents for any other person to receive
2569	contributions or make expenditures, with a view to bring about
2570	his or her nomination or election to, or retention in, public
2571	office. Expenditures related to potential candidate polls as
2572	provided in s. 106.17 are not contributions or expenditures for
2573	purposes of this subsection.
2574
2575	However, this definition does not include any candidate for a
2576	political party executive committee.
2577	Section 45.  Section 106.012, Florida Statutes, is created
2578	to read:
2579	106.012  Testing the waters.-
2580	(1)  Funds received and spent solely for the purpose of
2581	determining whether an individual should become a candidate are
2582	not contributions and expenditures. Examples of activities
2583	permissible under this exemption include, but are not limited
2584	to, conducting a poll, telephone calls, and travel. Funds
2585	permissible under this chapter may only be used for such
2586	activities. The individual shall retain records of all such
2587	funds received and spent. If the individual subsequently becomes
2588	a candidate, the funds received are contributions and the funds
2589	spent are expenditures subject to the reporting requirements of
2590	this chapter. The contributions and expenditures must be
2591	reported with the initial report required by s. 106.07,
2592	regardless of the date the funds were received or spent.
2593	(2)  The exemption provided in subsection (1) does not
2594	apply to funds received or spent for activities indicating that
2595	an individual has decided to become a candidate for a particular
2596	office or for activities relevant to conducting a campaign.
2597	Examples of activities that indicate that an individual has
2598	decided to become a candidate include, but are not limited to:
2599	(a)  The individual uses general political advertising to
2600	publicize his or her intent to campaign for office.
2601	(b)  The individual raises funds in excess of what could
2602	reasonably be expected to be used for exploratory activities or
2603	undertakes activities designed to amass campaign funds that
2604	would be spent after he or she becomes a candidate.
2605	(c)  The individual makes or authorizes written or oral
2606	statements that refer to him or her as a candidate for office.
2607	(d)  The individual conducts activities in close proximity
2608	to the election or over a protracted period of time.
2609	(e)  The individual takes action to qualify for office
2610	under s. 99.061.
2611	(3)  Individuals are limited to receiving up to $10,000 for
2612	determining whether to become a candidate for office under this
2613	section. An individual may only determine whether to become a
2614	candidate for a single office.
2615	Section 46.  Subsection (3) of section 106.021, Florida
2616	Statutes, is amended to read:
2617	106.021  Campaign treasurers; deputies; primary and
2618	secondary depositories.-
2619	(3)  No contribution or expenditure, including
2620	contributions or expenditures of a candidate or of the
2621	candidate's family, shall be directly or indirectly made or
2622	received in furtherance of the candidacy of any person for
2623	nomination or election to political office in the state or on
2624	behalf of any political committee except through the duly
2625	appointed campaign treasurer of the candidate or political
2626	committee, subject to the following exceptions:
2627	(a)  Independent expenditures;
2628	(b)  Reimbursements to a candidate or any other individual
2629	for expenses incurred in connection with the campaign or
2630	activities of the political committee by a check drawn upon the
2631	campaign account and reported pursuant to s. 106.07(4). After
2632	July 1, 2004, The full name and address of each person to whom
2633	the candidate or other individual made payment for which
2634	reimbursement was made by check drawn upon the campaign account
2635	shall be reported pursuant to s. 106.07(4), together with the
2636	purpose of such payment;
2637	(c)  Expenditures made indirectly through a treasurer for
2638	goods or services, such as communications media placement or
2639	procurement services, campaign signs, insurance, or other
2640	expenditures that include multiple integral components as part
2641	of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
2642	or
2643	(d)  Expenditures made directly by any political committee
2644	or political party regulated by chapter 103 for obtaining time,
2645	space, or services in or by any communications medium for the
2646	purpose of jointly endorsing three or more candidates, and any
2647	such expenditure shall not be considered a contribution or
2648	expenditure to or on behalf of any such candidates for the
2649	purposes of this chapter.
2650	Section 47.  Section 106.022, Florida Statutes, is amended
2651	to read:
2652	106.022  Appointment of a registered agent; duties.-
2653	(1)  Each political committee, committee of continuous
2654	existence, or electioneering communications organization shall
2655	have and continuously maintain in this state a registered office
2656	and a registered agent and must file with the filing officer
2657	division a statement of appointment for the registered office
2658	and registered agent. The statement of appointment must:
2659	(a)  Provide the name of the registered agent and the
2660	street address and phone number for the registered office;
2661	(b)  Identify the entity for whom the registered agent
2662	serves;
2663	(c)  Designate the address the registered agent wishes to
2664	use to receive mail;
2665	(d)  Include the entity's undertaking to inform the filing
2666	officer division of any change in such designated address;
2667	(e)  Provide for the registered agent's acceptance of the
2668	appointment, which must confirm that the registered agent is
2669	familiar with and accepts the obligations of the position as set
2670	forth in this section; and
2671	(f)  Contain the signature of the registered agent and the
2672	entity engaging the registered agent.
2673	(2)  An entity may change its appointment of registered
2674	agent and registered office under this section by executing a
2675	written statement of change and filing it with the filing
2676	officer. The statement must satisfy that identifies the former
2677	registered agent and registered address and also satisfies all
2678	of the requirements of subsection (1).
2679	(3)  A registered agent may resign his or her appointment
2680	as registered agent by executing a written statement of
2681	resignation and filing it with the filing officer division. An
2682	entity without a registered agent may not make expenditures or
2683	accept contributions until it files a written statement of
2684	change as required in subsection (2).
2685	Section 48.  Subsection (1) of section 106.023, Florida
2686	Statutes, is amended to read:
2687	106.023  Statement of candidate.-
2688	(1)  Each candidate must file a statement with the
2689	qualifying officer within 10 days after filing the appointment
2690	of campaign treasurer and designation of campaign depository,
2691	stating that the candidate has read and understands the
2692	requirements of this chapter. Such statement shall be provided
2693	by the filing officer and shall be in substantially the
2694	following form:
2695	STATEMENT OF CANDIDATE
2696	I, ...., candidate for the office of ...., have been
2697	provided access to received, read, and understand the
2698	requirements of Chapter 106, Florida Statutes.
2699	...(Signature of candidate)...     ...(Date)...
2700	Willful failure to file this form is a violation of ss.
2701	106.19(1)(c) and 106.25(3), F.S.
2702	Section 49.  Paragraph (c) of subsection (1) of section
2703	106.025, Florida Statutes, is amended to read:
2704	106.025  Campaign fund raisers.-
2705	(1)
2706	(c)  Any tickets or advertising for such a campaign fund
2707	raiser is exempt from the requirements of s. 106.143 shall
2708	contain the following statement: "The purchase of a ticket for,
2709	or a contribution to, the campaign fund raiser is a contribution
2710	to the campaign of ...(name of the candidate for whose benefit
2711	the campaign fund raiser is held)...." Such tickets or
2712	advertising shall also comply with other provisions of this
2713	chapter relating to political advertising.
2714	Section 50.  Paragraph (b) of subsection (1) of section
2715	106.03, Florida Statutes, is amended to read:
2716	106.03  Registration of political committees and
2717	electioneering communications organizations.-
2718	(1)
2719	(b)1.  Each group electioneering communications
2720	organization that receives contributions or makes expenditures
2721	during a calendar year in an aggregate amount exceeding $5,000
2722	shall file a statement of organization as an electioneering
2723	communications organization provided in subparagraph 2. by
2724	expedited delivery within 24 hours after its organization or, if
2725	later, within 24 hours after the date on which it receives
2726	contributions or makes expenditures for an electioneering
2727	communication in excess of $5,000, if such expenditures are made
2728	within the timeframes specified in s. 106.011(18)(a)2. If the
2729	group makes expenditures for an electioneering communication in
2730	excess of $5,000 before the timeframes specified in s.
2731	106.011(18)(a)2., it shall file the statement of organization
2732	within 24 hours after the 30th day before a primary or special
2733	primary election, or within 24 hours after the 60th day before
2734	any other election, whichever is applicable.
2735	2.a.  In a statewide, legislative, or multicounty election,
2736	an electioneering communications organization shall file a
2737	statement of organization with the Division of Elections.
2738	b.  In a countywide election or any election held on less
2739	than a countywide basis, except as described in sub-subparagraph
2740	c., an electioneering communications organization shall file a
2741	statement of organization with the supervisor of elections of
2742	the county in which the election is being held.
2743	c.  In a municipal election, an electioneering
2744	communications organization shall file a statement of
2745	organization with the officer before whom municipal candidates
2746	qualify.
2747	d.  Any electioneering communications organization that
2748	would be required to file a statement of organization in two or
2749	more locations by reason of the organization's intention to
2750	support or oppose candidates at state or multicounty and local
2751	levels of government need only file a statement of organization
2752	with the Division of Elections.
2753	Section 51.  Subsection (4) of section 106.04, Florida
2754	Statutes, is amended, present subsections (7) and (8) are
2755	amended and renumbered as subsections (8) and (9), respectively,
2756	and a new subsection (7) is added to that section, to read:
2757	106.04  Committees of continuous existence.-
2758	(4)(a)  Each committee of continuous existence shall file
2759	an annual report with the Division of Elections during the month
2760	of January. Such annual reports shall contain the same
2761	information and shall be accompanied by the same materials as
2762	original applications filed pursuant to subsection (2). However,
2763	the charter or bylaws need not be filed if the annual report is
2764	accompanied by a sworn statement by the chair that no changes
2765	have been made to such charter or bylaws since the last filing.
2766	(b)1.  Each committee of continuous existence shall file
2767	regular reports with the Division of Elections at the same times
2768	and subject to the same filing conditions as are established by
2769	s. 106.07(1) and (2) for candidates' reports.
2770	2.  A committee of continuous existence that makes a
2771	contribution to or an expenditure on behalf of a candidate in a
2772	county or municipal election that is not being held at the same
2773	time as a state or federal election must file campaign finance
2774	reports with the county or municipal filing officer on the same
2775	dates as county or municipal candidates or committees for that
2776	election. The committee of continuous existence must also
2777	include the contribution or expenditure in the next report filed
2778	with the Division of Elections pursuant to this section after
2779	the county or municipal election.
2780	3.2.  Any committee of continuous existence failing to so
2781	file a report with the Division of Elections or applicable
2782	filing officer pursuant to this paragraph on the designated due
2783	date shall be subject to a fine for late filing as provided by
2784	this section.
2785	(c)  All committees of continuous existence shall file
2786	their reports with the Division of Elections. Reports shall be
2787	filed in accordance with s. 106.0705 and shall contain the
2788	following information:
2789	1.  The full name, address, and occupation of each person
2790	who has made one or more contributions, including contributions
2791	that represent the payment of membership dues, to the committee
2792	during the reporting period, together with the amounts and dates
2793	of such contributions. For corporations, the report must provide
2794	as clear a description as practicable of the principal type of
2795	business conducted by the corporation. However, if the
2796	contribution is $100 or less, the occupation of the contributor
2797	or principal type of business need not be listed. However, for
2798	any contributions that represent the payment of dues by members
2799	in a fixed amount aggregating no more than $250 per calendar
2800	year, pursuant to the schedule on file with the Division of
2801	Elections, only the aggregate amount of such contributions need
2802	be listed, together with the number of members paying such dues
2803	and the amount of the membership dues.
2804	2.  The name and address of each political committee or
2805	committee of continuous existence from which the reporting
2806	committee received, or the name and address of each political
2807	committee, committee of continuous existence, or political party
2808	to which it made, any transfer of funds, together with the
2809	amounts and dates of all transfers.
2810	3.  Any other receipt of funds not listed pursuant to
2811	subparagraph 1. or subparagraph 2., including the sources and
2812	amounts of all such funds.
2813	4.  The name and address of, and office sought by, each
2814	candidate to whom the committee has made a contribution during
2815	the reporting period, together with the amount and date of each
2816	contribution.
2817	5.  The full name and address of each person to whom
2818	expenditures have been made by or on behalf of the committee
2819	within the reporting period; the amount, date, and purpose of
2820	each such expenditure; and the name and address, and office
2821	sought by, each candidate on whose behalf such expenditure was
2822	made.
2823	6.  The full name and address of each person to whom an
2824	expenditure for personal services, salary, or reimbursement for
2825	authorized expenses has been made, including the full name and
2826	address of each entity to whom the person made payment for which
2827	reimbursement was made by check drawn upon the committee
2828	account, together with the amount and purpose of such payment.
2829	7.  Transaction information from each credit card purchase
2830	statement that will be included in the next report following
2831	receipt thereof by the committee. Receipts for each credit card
2832	purchase shall be retained by the treasurer with the records for
2833	the committee account.
2834	8.  The total sum of expenditures made by the committee
2835	during the reporting period.
2836	(d)  The treasurer of each committee shall certify as to
2837	the correctness of each report and shall bear the responsibility
2838	for its accuracy and veracity. Any treasurer who willfully
2839	certifies to the correctness of a report while knowing that such
2840	report is incorrect, false, or incomplete commits a misdemeanor
2841	of the first degree, punishable as provided in s. 775.082 or s.
2842	775.083.
2843	(7)  Any change in information previously submitted to the
2844	division shall be reported within 10 days after the change.
2845	(8)(7)  If a committee of continuous existence ceases to
2846	meet the criteria prescribed by subsection (1), the Division of
2847	Elections shall revoke its certification until such time as the
2848	criteria are again met. The Division of Elections shall adopt
2849	promulgate rules to prescribe the manner in which the such
2850	certification of a committee of continuous existence shall be
2851	revoked. Such rules shall, at a minimum, provide for:
2852	(a)  Notice, which must shall contain the facts and conduct
2853	that warrant the intended action.
2854	(b)  Adequate opportunity to respond.
2855	(c)  Appeal of the decision to the Florida Elections
2856	Commission. Such appeals are shall be exempt from the
2857	confidentiality provisions of s. 106.25.
2858	(9)(8)(a)  Any committee of continuous existence failing to
2859	file a report on the designated due date is shall be subject to
2860	a fine. The fine shall be $50 per day for the first 3 days late
2861	and, thereafter, $500 per day for each late day, not to exceed
2862	25 percent of the total receipts or expenditures, whichever is
2863	greater, for the period covered by the late report. However, for
2864	the reports immediately before each primary and general
2865	election, including a special primary election and a special
2866	general election, the fine shall be $500 per day for each late
2867	day, not to exceed 25 percent of the total receipts or
2868	expenditures, whichever is greater, for the period covered by
2869	the late report. The fine shall be assessed by the filing
2870	officer, and the moneys collected shall be deposited into:
2871	1.  In The General Revenue Fund, in the case of fines
2872	collected by the Division of Elections.
2873	2.  The general revenue fund of the political subdivision,
2874	in the case of fines collected by a county or municipal filing
2875	officer.
2876
2877	A No separate fine may not shall be assessed for failure to file
2878	a copy of any report required by this section.
2879	(b)  Upon determining that a report is late, the filing
2880	officer shall immediately notify the treasurer of the committee
2881	or the committee's registered agent as to the failure to file a
2882	report by the designated due date and that a fine is being
2883	assessed for each late day. Upon receipt of the report, the
2884	filing officer shall determine the amount of fine which is due
2885	and shall notify the treasurer of the committee. Notice is
2886	deemed complete upon proof of delivery of written notice to the
2887	mailing or street address on record with the filing officer. The
2888	filing officer shall determine the amount of the fine due based
2889	upon the earliest of the following:
2890	1.  When the report is actually received by such officer.
2891	2.  When the report is postmarked.
2892	3.  When the certificate of mailing is dated.
2893	4.  When the receipt from an established courier company is
2894	dated.
2895
2896	Such fine shall be paid to the filing officer within 20 days
2897	after receipt of the notice of payment due, unless appeal is
2898	made to the Florida Elections Commission pursuant to paragraph
2899	(c). An officer or member of a committee is shall not be
2900	personally liable for such fine.
2901	(c)  Any treasurer of a committee may appeal or dispute the
2902	fine, based upon unusual circumstances surrounding the failure
2903	to file on the designated due date, and may request and is shall
2904	be entitled to a hearing before the Florida Elections
2905	Commission, which may shall have the authority to waive the fine
2906	in whole or in part. Any such request must shall be made within
2907	20 days after receipt of the notice of payment due. In such
2908	case, the treasurer of The committee shall file a copy of the
2909	appeal with, within the 20-day period, notify the filing officer
2910	in writing of his or her intention to bring the matter before
2911	the commission.
2912	(d)  The filing officer shall notify the Florida Elections
2913	Commission of the repeated late filing by a committee of
2914	continuous existence, the failure of a committee of continuous
2915	existence to file a report after notice, or the failure to pay
2916	the fine imposed.
2917	Section 52.  Section 106.07, Florida Statutes, is amended
2918	to read:
2919	106.07  Reports; certification and filing.-
2920	(1)  Each campaign treasurer designated by a candidate or
2921	political committee pursuant to s. 106.021 shall file regular
2922	reports of all contributions received, and all expenditures
2923	made, by or on behalf of such candidate or political committee.
2924	Except for the third calendar quarter immediately before a
2925	general election, reports shall be filed on the 10th day
2926	following the end of each calendar quarter from the time the
2927	campaign treasurer is appointed, except that, if the 10th day
2928	following the end of a calendar quarter occurs on a Saturday,
2929	Sunday, or legal holiday, the report shall be filed on the next
2930	following day which is not a Saturday, Sunday, or legal holiday.
2931	Quarterly reports shall include all contributions received and
2932	expenditures made during the calendar quarter which have not
2933	otherwise been reported pursuant to this section.
2934	(a)  Except as provided in paragraph (b), following the
2935	last day of qualifying for office, the reports shall also be
2936	filed on the 32nd, 18th, and 4th days immediately preceding the
2937	primary and on the 46th, 32nd, 18th, and 4th days immediately
2938	preceding the election, for a candidate who is opposed in
2939	seeking nomination or election to any office, for a political
2940	committee, or for a committee of continuous existence.
2941	(b)  Following the last day of qualifying for office, Any
2942	statewide candidate who has requested to receive contributions
2943	pursuant to from the Florida Election Campaign Financing Act
2944	Trust Fund or any statewide candidate in a race with a candidate
2945	who has requested to receive contributions pursuant to from the
2946	act trust fund shall also file reports on the 4th, 11th, 18th,
2947	25th, and 32nd days prior to the primary election, and on the
2948	4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior to
2949	the general election.
2950	(c)  Following the last day of qualifying for office, any
2951	unopposed candidate need only file a report within 90 days after
2952	the date such candidate became unopposed. Such report shall
2953	contain all previously unreported contributions and expenditures
2954	as required by this section and shall reflect disposition of
2955	funds as required by s. 106.141.
2956	(d)1.  When a special election is called to fill a vacancy
2957	in office, all political committees and committees of continuous
2958	existence making contributions or expenditures to influence the
2959	results of such special election or the preceding special
2960	primary election shall file campaign treasurers' reports with
2961	the filing officer on the dates set by the Department of State
2962	pursuant to s. 100.111.
2963	2.  When an election is called for an issue to appear on
2964	the ballot at a time when no candidates are scheduled to appear
2965	on the ballot, all political committees making contributions or
2966	expenditures in support of or in opposition to such issue shall
2967	file reports on the 18th and 4th days prior to such election.
2968	(e)  The filing officer shall provide each candidate with a
2969	schedule designating the beginning and end of reporting periods
2970	as well as the corresponding designated due dates.
2971	(2)(a)1.  All reports required of a candidate by this
2972	section shall be filed with the officer before whom the
2973	candidate is required by law to qualify. All candidates who file
2974	with the Department of State shall file their reports pursuant
2975	to s. 106.0705. Except as provided in s. 106.0705, reports shall
2976	be filed not later than 5 p.m. of the day designated; however,
2977	any report postmarked by the United States Postal Service no
2978	later than midnight of the day designated shall be deemed to
2979	have been filed in a timely manner. Any report received by the
2980	filing officer within 5 days after the designated due date that
2981	was delivered by the United States Postal Service shall be
2982	deemed timely filed unless it has a postmark that indicates that
2983	the report was mailed after the designated due date. A
2984	certificate of mailing obtained from and dated by the United
2985	States Postal Service at the time of mailing, or a receipt from
2986	an established courier company, which bears a date on or before
2987	the date on which the report is due, shall be proof of mailing
2988	in a timely manner. Reports shall contain information of all
2989	previously unreported contributions received and expenditures
2990	made as of the preceding Friday, except that the report filed on
2991	the Friday immediately preceding the election shall contain
2992	information of all previously unreported contributions received
2993	and expenditures made as of the day preceding that designated
2994	due date. All such reports shall be open to public inspection.
2995	2.  This subsection does not prohibit the governing body of
2996	a political subdivision, by ordinance or resolution, from
2997	imposing upon its own officers and candidates electronic filing
2998	requirements not in conflict with s. 106.0705. Expenditure of
2999	public funds for such purpose is deemed to be for a valid public
3000	purpose.
3001	(b)1.  Any report that which is deemed to be incomplete by
3002	the officer with whom the candidate qualifies shall be accepted
3003	on a conditional basis., and The campaign treasurer shall be
3004	notified by certified registered mail or by another method using
3005	a common carrier that provides a proof of delivery of the notice
3006	as to why the report is incomplete and within 7 be given 3 days
3007	after from receipt of such notice must to file an addendum to
3008	the report providing all information necessary to complete the
3009	report in compliance with this section. Failure to file a
3010	complete report after such notice constitutes a violation of
3011	this chapter.
3012	2.  Notice is deemed complete upon proof of delivery of a
3013	written notice to the mailing or street address of the campaign
3014	treasurer or registered agent of record with the filing officer.
3015	In lieu of the notice by registered mail as required in
3016	subparagraph 1., the qualifying officer may notify the campaign
3017	treasurer by telephone that the report is incomplete and request
3018	the information necessary to complete the report. If, however,
3019	such information is not received by the qualifying officer
3020	within 3 days after the telephone request therefor, notice shall
3021	be sent by registered mail as provided in subparagraph 1.
3022	(3)(a)  Reports required of a political committee shall be
3023	filed with the agency or officer before whom such committee
3024	registers pursuant to s. 106.03(3) and shall be subject to the
3025	same filing conditions as established for candidates' reports.
3026	Incomplete reports by political committees shall be treated in
3027	the manner provided for incomplete reports by candidates in
3028	subsection (2).
3029	(b)  In addition to the reports required under paragraph
3030	(a), a political committee that is registered with the
3031	Department of State and that makes a contribution to or an
3032	expenditure on behalf of a candidate in a county or municipal
3033	election that is not being held at the same time as a state or
3034	federal election must file campaign finance reports with the
3035	county or municipal filing officer on the same filing dates
3036	required of a county or municipal candidate or committee for
3037	that election. The political committee must also include such
3038	contribution or expenditure in the next report filed with the
3039	Division of Elections pursuant to this section after the county
3040	or municipal election.
3041	(4)(a)  Each report required by this section must shall
3042	contain:
3043	1.  The full name, address, and occupation, if any of each
3044	person who has made one or more contributions to or for such
3045	committee or candidate within the reporting period, together
3046	with the amount and date of such contributions. For
3047	corporations, the report must provide as clear a description as
3048	practicable of the principal type of business conducted by the
3049	corporation. However, if the contribution is $100 or less or is
3050	from a relative, as defined in s. 112.312, provided that the
3051	relationship is reported, the occupation of the contributor or
3052	the principal type of business need not be listed.
3053	2.  The name and address of each political committee from
3054	which the reporting committee or the candidate received, or to
3055	which the reporting committee or candidate made, any transfer of
3056	funds, together with the amounts and dates of all transfers.
3057	3.  Each loan for campaign purposes to or from any person
3058	or political committee within the reporting period, together
3059	with the full names, addresses, and occupations, and principal
3060	places of business, if any, of the lender and endorsers, if any,
3061	and the date and amount of such loans.
3062	4.  A statement of each contribution, rebate, refund, or
3063	other receipt not otherwise listed under subparagraphs 1.
3064	through 3.
3065	5.  The total sums of all loans, in-kind contributions, and
3066	other receipts by or for such committee or candidate during the
3067	reporting period. The reporting forms shall be designed to
3068	elicit separate totals for in-kind contributions, loans, and
3069	other receipts.
3070	6.  The full name and address of each person to whom
3071	expenditures have been made by or on behalf of the committee or
3072	candidate within the reporting period; the amount, date, and
3073	purpose of each such expenditure; and the name and address of,
3074	and office sought by, each candidate on whose behalf such
3075	expenditure was made. However, expenditures made from the petty
3076	cash fund provided by s. 106.12 need not be reported
3077	individually.
3078	7.  The full name and address of each person to whom an
3079	expenditure for personal services, salary, or reimbursement for
3080	authorized expenses as provided in s. 106.021(3) has been made
3081	and which is not otherwise reported, including the amount, date,
3082	and purpose of such expenditure. However, expenditures made from
3083	the petty cash fund provided for in s. 106.12 need not be
3084	reported individually. Receipts for reimbursement for authorized
3085	expenses shall be retained by the treasurer with the records for
3086	the campaign account.
3087	8.  The total amount withdrawn and the total amount spent
3088	for petty cash purposes pursuant to this chapter during the
3089	reporting period.
3090	9.  The total sum of expenditures made by such committee or
3091	candidate during the reporting period.
3092	10.  The amount and nature of debts and obligations owed by
3093	or to the committee or candidate, which relate to the conduct of
3094	any political campaign.
3095	11.  Transaction information for each credit card purchase.
3096	A copy of each credit card statement which shall be included in
3097	the next report following receipt thereof by the candidate or
3098	political committee. Receipts for each credit card purchase
3099	shall be retained by the treasurer with the records for the
3100	campaign account.
3101	12.  The amount and nature of any separate interest-bearing
3102	accounts or certificates of deposit and identification of the
3103	financial institution in which such accounts or certificates of
3104	deposit are located.
3105	13.  The primary purposes of an expenditure made indirectly
3106	through a campaign treasurer pursuant to s. 106.021(3) for goods
3107	and services such as communications media placement or
3108	procurement services, campaign signs, insurance, and other
3109	expenditures that include multiple components as part of the
3110	expenditure. The primary purpose of an expenditure shall be that
3111	purpose, including integral and directly related components,
3112	that comprises 80 percent of such expenditure.
3113	(b)  The filing officer shall make available to any
3114	candidate or committee a reporting form which the candidate or
3115	committee may use to indicate contributions received by the
3116	candidate or committee but returned to the contributor before
3117	deposit.
3118	(5)  The candidate and his or her campaign treasurer, in
3119	the case of a candidate, or the political committee chair and
3120	campaign treasurer of the committee, in the case of a political
3121	committee, shall certify as to the correctness of each report;
3122	and each person so certifying shall bear the responsibility for
3123	the accuracy and veracity of each report. Any campaign
3124	treasurer, candidate, or political committee chair who willfully
3125	certifies the correctness of any report while knowing that such
3126	report is incorrect, false, or incomplete commits a misdemeanor
3127	of the first degree, punishable as provided in s. 775.082 or s.
3128	775.083.
3129	(6)  The campaign depository shall return all checks drawn
3130	on the account to the campaign treasurer who shall retain the
3131	records pursuant to s. 106.06. The records maintained by the
3132	campaign depository with respect to any campaign account
3133	regulated by this chapter are such account shall be subject to
3134	inspection by an agent of the Division of Elections or the
3135	Florida Elections Commission at any time during normal banking
3136	hours, and such depository shall furnish certified copies of any
3137	of such records to the Division of Elections or Florida
3138	Elections Commission upon request.
3139	(7)  Notwithstanding any other provisions of this chapter,
3140	in any reporting period during which a candidate, political
3141	committee, or committee of continuous existence has not received
3142	funds, made any contributions, or expended any reportable funds,
3143	the filing of the required report for that period is waived.
3144	However, the next report filed must specify that the report
3145	covers the entire period between the last submitted report and
3146	the report being filed, and any candidate, political committee,
3147	or committee of continuous existence not reporting by virtue of
3148	this subsection on dates prescribed elsewhere in this chapter
3149	shall notify the filing officer in writing on the prescribed
3150	reporting date that no report is being filed on that date.
3151	(8)(a)  Any candidate or political committee failing to
3152	file a report on the designated due date is shall be subject to
3153	a fine as provided in paragraph (b) for each late day, and, in
3154	the case of a candidate, such fine shall be paid only from
3155	personal funds of the candidate. The fine shall be assessed by
3156	the filing officer and the moneys collected shall be deposited:
3157	1.  In the General Revenue Fund, in the case of a candidate
3158	for state office or a political committee that registers with
3159	the Division of Elections; or
3160	2.  In the general revenue fund of the political
3161	subdivision, in the case of a candidate for an office of a
3162	political subdivision or a political committee that registers
3163	with an officer of a political subdivision.
3164
3165	A No separate fine may not shall be assessed for failure to file
3166	a copy of any report required by this section.
3167	(b)  Upon determining that a report is late, the filing
3168	officer shall immediately notify the candidate or chair of the
3169	political committee as to the failure to file a report by the
3170	designated due date and that a fine is being assessed for each
3171	late day. The fine shall be $50 per day for the first 3 days
3172	late and, thereafter, $500 per day for each late day, not to
3173	exceed 25 percent of the total receipts or expenditures,
3174	whichever is greater, for the period covered by the late report.
3175	However, for the reports immediately preceding each special
3176	primary election, special election, primary election, and
3177	general election, the fine shall be $500 per day for each late
3178	day, not to exceed 25 percent of the total receipts or
3179	expenditures, whichever is greater, for the period covered by
3180	the late report. For reports required under s. 106.141(7), the
3181	fine is $50 per day for each late day, not to exceed 25 percent
3182	of the total receipts or expenditures, whichever is greater, for
3183	the period covered by the late report. Upon receipt of the
3184	report, the filing officer shall determine the amount of the
3185	fine which is due and shall notify the candidate or chair or
3186	registered agent of the political committee. The filing officer
3187	shall determine the amount of the fine due based upon the
3188	earliest of the following:
3189	1.  When the report is actually received by such officer.
3190	2.  When the report is postmarked.
3191	3.  When the certificate of mailing is dated.
3192	4.  When the receipt from an established courier company is
3193	dated.
3194	5.  When the electronic receipt issued pursuant to s.
3195	106.0705 or other electronic filing system authorized in this
3196	section is dated.
3197
3198	Such fine shall be paid to the filing officer within 20 days
3199	after receipt of the notice of payment due, unless appeal is
3200	made to the Florida Elections Commission pursuant to paragraph
3201	(c). Notice is deemed complete upon proof of delivery of written
3202	notice to the mailing or street address of record with the
3203	filing officer. In the case of a candidate, such fine shall not
3204	be an allowable campaign expenditure and shall be paid only from
3205	personal funds of the candidate. An officer or member of a
3206	political committee shall not be personally liable for such
3207	fine.
3208	(c)  Any candidate or chair of a political committee may
3209	appeal or dispute the fine, based upon, but not limited to,
3210	unusual circumstances surrounding the failure to file on the
3211	designated due date, and may request and shall be entitled to a
3212	hearing before the Florida Elections Commission, which shall
3213	have the authority to waive the fine in whole or in part. The
3214	Florida Elections Commission must consider the mitigating and
3215	aggravating circumstances contained in s. 106.265(1) when
3216	determining the amount of a fine, if any, to be waived. Any such
3217	request shall be made within 20 days after receipt of the notice
3218	of payment due. In such case, the candidate or chair of the
3219	political committee shall, within the 20-day period, notify the
3220	filing officer in writing of his or her intention to bring the
3221	matter before the commission.
3222	(d)  The appropriate filing officer shall notify the
3223	Florida Elections Commission of the repeated late filing by a
3224	candidate or political committee, the failure of a candidate or
3225	political committee to file a report after notice, or the
3226	failure to pay the fine imposed. The commission shall
3227	investigate only those alleged late filing violations
3228	specifically identified by the filing officer and as set forth
3229	in the notification. Any other alleged violations must be
3230	separately stated and reported by the division to the commission
3231	under s. 106.25(2).
3232	(9)  The Department of State may prescribe by rule the
3233	requirements for filing campaign treasurers' reports as set
3234	forth in this chapter.
3235	Section 53.  Paragraph (c) of subsection (7) and
3236	subsections (8) and (9) of section 106.0703, Florida Statutes,
3237	are amended to read:
3238	106.0703  Electioneering communications organizations;
3239	reporting requirements; certification and filing; penalties.-
3240	(7)
3241	(c)  The treasurer of an electioneering communications
3242	organization may appeal or dispute the fine, based upon, but not
3243	limited to, unusual circumstances surrounding the failure to
3244	file on the designated due date, and may request and shall be
3245	entitled to a hearing before the Florida Elections Commission,
3246	which shall have the authority to waive the fine in whole or in
3247	part. The Florida Elections Commission must consider the
3248	mitigating and aggravating circumstances contained in s.
3249	106.265(1) when determining the amount of a fine, if any, to be
3250	waived. Any such request shall be made within 20 days after
3251	receipt of the notice of payment due. In such case, the
3252	treasurer of the electioneering communications organization
3253	shall, within the 20-day period, notify the filing officer in
3254	writing of his or her intention to bring the matter before the
3255	commission.
3256	(8)  An electioneering communications organization shall,
3257	within 2 days after receiving its initial password or secure
3258	sign-on from the Department of State allowing confidential
3259	access to the department's electronic campaign finance filing
3260	system, electronically file the periodic reports that would have
3261	been required pursuant to this section for reportable activities
3262	that occurred since the date of the last general election.
3263	(8)(9)  Electioneering communications organizations shall
3264	not use credit cards.
3265	Section 54.  Paragraphs (a) and (c) of subsection (2) and
3266	subsections (3) and (7) of section 106.0705, Florida Statutes,
3267	are amended to read:
3268	106.0705  Electronic filing of campaign treasurer's
3269	reports.-
3270	(2)(a)  Each individual candidate who is required to file
3271	reports with the division pursuant to s. 106.07 or s. 106.141
3272	with the division must file such reports with the division by
3273	means of the division's electronic filing system.
3274	(c)  Each person or organization that is required to file
3275	reports with the division under s. 106.071 must file such
3276	reports with the division by means of the division's electronic
3277	filing system.
3278	(3)  Reports filed pursuant to this section shall be
3279	completed and filed through the electronic filing system not
3280	later than midnight of the day designated. Reports not filed by
3281	midnight of the day designated are late filed and are subject to
3282	the penalties under s. 106.04(9) s. 106.04(8), s. 106.07(8), s.
3283	106.0703(7), or s. 106.29(3), as applicable.
3284	(7)  Notwithstanding anything in law to the contrary, any
3285	report required to have been filed under this section for the
3286	period ended March 31, 2005, shall be deemed to have been timely
3287	filed if the report is filed under this section on or before
3288	June 1, 2005.
3289	Section 55.  Subsections (1) and (2) of section 106.071,
3290	Florida Statutes, are amended to read:
3291	106.071  Independent expenditures; electioneering
3292	communications; reports; disclaimers.-
3293	(1)  Each person who makes an independent expenditure with
3294	respect to any candidate or issue, and each individual who makes
3295	an expenditure for an electioneering communication which is not
3296	otherwise reported pursuant to this chapter, which expenditure,
3297	in the aggregate in a calendar year, is in the amount of $5,000
3298	or more, shall file periodic reports of such expenditures in the
3299	same manner, at the same time, subject to the same penalties,
3300	and with the same officer as a political committee supporting or
3301	opposing such candidate or issue. The report shall contain the
3302	full name and address of the person making the expenditure; the
3303	full name and address of each person to whom and for whom each
3304	such expenditure has been made; the amount, date, and purpose of
3305	each such expenditure; a description of the services or goods
3306	obtained by each such expenditure; the issue to which the
3307	expenditure relates; and the name and address of, and office
3308	sought by, each candidate on whose behalf such expenditure was
3309	made.
3310	(2)  A Any political advertisement paid for by an
3311	independent expenditure, other than such an expenditure by an
3312	individual in an aggregate amount of $500, shall prominently
3313	state "Paid political advertisement paid for by ...(Name and
3314	address of person paying for advertisement)... independently of
3315	any ...(candidate or committee)...." However, an independent
3316	expenditure made by an individual must state "Paid political
3317	advertisement independent of any ...(candidate or
3318	committee)...."
3319	Section 56.  Paragraph (c) of subsection (3) and paragraph
3320	(b) of subsection (6) of section 106.08, Florida Statutes, are
3321	amended to read:
3322	106.08  Contributions; limitations on.-
3323	(3)
3324	(c)  With respect to any campaign for an office in which an
3325	independent or minor party candidate has filed as required in s.
3326	99.0955 or s. 99.096, but whose qualification is pending a
3327	determination by the Department of State or supervisor of
3328	elections as to whether or not the required number of petition
3329	signatures was obtained:
3330	1.  The department or supervisor shall, no later than 3
3331	days after that determination has been made, notify in writing
3332	all other candidates for that office of that determination.
3333	2.  Any contribution received by a candidate or the
3334	campaign treasurer or deputy campaign treasurer of a candidate
3335	after the candidate has been notified in writing by the
3336	department or supervisor that he or she has become unopposed as
3337	a result of an independent or minor party candidate failing to
3338	obtain the required number of petition signatures shall be
3339	returned to the person, political committee, or committee of
3340	continuous existence contributing it and shall not be used or
3341	expended by or on behalf of the candidate.
3342	(6)
3343	(b)1.  A political party may not accept any in-kind
3344	contribution that fails to provide a direct benefit to the
3345	political party. A "direct benefit" includes, but is not limited
3346	to, fundraising or furthering the objectives of the political
3347	party.
3348	2.a.  An in-kind contribution to a state political party
3349	may be accepted only by the chairperson of the state political
3350	party or by the chairperson's designee or designees whose names
3351	are on file with the division in a form acceptable to the
3352	division prior to the date of the written notice required in
3353	sub-subparagraph b. An in-kind contribution to a county
3354	political party may be accepted only by the chairperson of the
3355	county political party or by the county chairperson's designee
3356	or designees whose names are on file with the supervisor of
3357	elections of the respective county prior to the date of the
3358	written notice required in sub-subparagraph b.
3359	b.  A person making an in-kind contribution to a state
3360	political party or county political party must provide prior
3361	written notice of the contribution to a person described in sub-
3362	subparagraph a. The prior written notice must be signed and
3363	dated and may be provided by an electronic or facsimile message.
3364	However, prior written notice is not required for an in-kind
3365	contribution that consists of food and beverage in an aggregate
3366	amount not exceeding $1,500 which is consumed at a single
3367	sitting or event if such in-kind contribution is accepted in
3368	advance by a person specified in sub-subparagraph a.
3369	c.  A person described in sub-subparagraph a. may accept an
3370	in-kind contribution requiring prior written notice only in a
3371	writing that is signed and dated before the in-kind contribution
3372	is made. Failure to obtain the required written acceptance of an
3373	in-kind contribution to a state or county political party
3374	constitutes a refusal of the contribution.
3375	d.  A copy of each prior written acceptance required under
3376	sub-subparagraph c. must be filed with the division at the time
3377	the regular reports of contributions and expenditures required
3378	under s. 106.29 are filed by the state executive committee and
3379	county executive committee. A state executive committee must
3380	file with the division. A county executive committee must file
3381	with the county's supervisor of elections.
3382	e.  An in-kind contribution may not be given to a state or
3383	county political party unless the in-kind contribution is made
3384	as provided in this subparagraph.
3385	Section 57.  Section 106.09, Florida Statutes, is amended
3386	to read:
3387	106.09  Cash contributions and contribution by cashier's
3388	checks.-
3389	(1)(a)  A person may not make an aggregate or accept a cash
3390	contribution or contribution by means of a cashier's check to
3391	the same candidate or committee in excess of $50 per election.
3392	(b)  A person may not accept an aggregate cash contribution
3393	or contribution by means of a cashier's check from the same
3394	contributor in excess of $50 per election.
3395	(2)(a)  Any person who makes or accepts a contribution in
3396	excess of $50 in violation of subsection (1) this section
3397	commits a misdemeanor of the first degree, punishable as
3398	provided in s. 775.082 or s. 775.083.
3399	(b)  Any person who knowingly and willfully makes or
3400	accepts a contribution in excess of $5,000 in violation of
3401	subsection (1) this section commits a felony of the third
3402	degree, punishable as provided in s. 775.082, s. 775.083, or s.
3403	775.084.
3404	Section 58.  Paragraph (b) of subsection (1) and paragraph
3405	(a) of subsection (2) of section 106.11, Florida Statutes, are
3406	amended, and subsection (6) is added to that section, to read:
3407	106.11  Expenses of and expenditures by candidates and
3408	political committees.-Each candidate and each political
3409	committee which designates a primary campaign depository
3410	pursuant to s. 106.021(1) shall make expenditures from funds on
3411	deposit in such primary campaign depository only in the
3412	following manner, with the exception of expenditures made from
3413	petty cash funds provided by s. 106.12:
3414	(1)
3415	(b)  The checks for such account shall contain, as a
3416	minimum, the following information:
3417	1.  The statement "Campaign Account of ...(name of
3418	candidate or political committee) Campaign Account...."
3419	2.  The account number and the name of the bank.
3420	3.  The exact amount of the expenditure.
3421	4.  The signature of the campaign treasurer or deputy
3422	treasurer.
3423	5.  The exact purpose for which the expenditure is
3424	authorized.
3425	6.  The name of the payee.
3426	(2)(a)  For purposes of this section, debit cards are
3427	considered bank checks, if:
3428	1.  Debit cards are obtained from the same bank that has
3429	been designated as the candidate's or political committee's
3430	primary campaign depository.
3431	2.  Debit cards are issued in the name of the treasurer,
3432	deputy treasurer, or authorized user and state "Campaign Account
3433	of ...(name of candidate or political committee) Campaign
3434	Account...."
3435	3.  No more than three debit cards are requested and
3436	issued.
3437	4.  Before a debit card is used, a list of all persons
3438	authorized to use the card is filed with the division.
3439	5.  All debit cards issued to a candidate's campaign or a
3440	political committee expire no later than midnight of the last
3441	day of the month of the general election.
3442	4.6.  The person using the debit card does not receive cash
3443	as part of, or independent of, any transaction for goods or
3444	services.
3445	5.7.  All receipts for debit card transactions contain:
3446	a.  The last four digits of the debit card number.
3447	b.  The exact amount of the expenditure.
3448	c.  The name of the payee.
3449	d.  The signature of the campaign treasurer, deputy
3450	treasurer, or authorized user.
3451	e.  The exact purpose for which the expenditure is
3452	authorized.
3453
3454	Any information required by this subparagraph but not included
3455	on the debit card transaction receipt may be handwritten on, or
3456	attached to, the receipt by the authorized user before
3457	submission to the treasurer.
3458	(6)  A candidate who made a loan to his or her campaign and
3459	reported the loan as required by s. 106.07 may be reimbursed for
3460	the loan at any time the campaign account has sufficient funds
3461	to repay the loan and satisfy its other obligations.
3462	Section 59.  Subsection (4) of section 106.141, Florida
3463	Statutes, is amended to read:
3464	106.141  Disposition of surplus funds by candidates.-
3465	(4)(a)  Except as provided in paragraph (b), any candidate
3466	required to dispose of funds pursuant to this section shall, at
3467	the option of the candidate, dispose of such funds by any of the
3468	following means, or any combination thereof:
3469	1.  Return pro rata to each contributor the funds that have
3470	not been spent or obligated.
3471	2.  Donate the funds that have not been spent or obligated
3472	to a charitable organization or organizations that meet the
3473	qualifications of s. 501(c)(3) of the Internal Revenue Code.
3474	3.  Give not more than $10,000 of the funds that have not
3475	been spent or obligated to the political party of which such
3476	candidate is a member, except that a candidate for the Florida
3477	Senate may give not more than $30,000 of such funds to the
3478	political party of which the candidate is a member.
3479	4.  Give the funds that have not been spent or obligated:
3480	a.  In the case of a candidate for state office, to the
3481	state, to be deposited in either the Election Campaign Financing
3482	Trust Fund or the General Revenue Fund, as designated by the
3483	candidate; or
3484	b.  In the case of a candidate for an office of a political
3485	subdivision, to such political subdivision, to be deposited in
3486	the general fund thereof.
3487	(b)  Any candidate required to dispose of funds pursuant to
3488	this section who has received contributions pursuant to the
3489	Florida Election Campaign Financing Act from the Election
3490	Campaign Financing Trust Fund shall, after all monetary
3491	commitments pursuant to s. 106.11(5)(b) and (c) have been met,
3492	return all surplus campaign funds to the General Revenue Fund
3493	Election Campaign Financing Trust Fund.
3494	Section 60.  Section 106.143, Florida Statutes, is amended
3495	to read:
3496	106.143  Political advertisements circulated prior to
3497	election; requirements.-
3498	(1)(a)  Any political advertisement that is paid for by a
3499	candidate, other than a write-in candidate, and that is
3500	published, displayed, or circulated before, or on the day of,
3501	any election must prominently state:
3502	1.  "Political advertisement paid for and approved by
3503	...(name of candidate)..., ...(party affiliation)..., for
3504	...(office sought)..."; or
3505	2.  "Paid by ...(name of candidate)..., ...(party
3506	affiliation)..., for ...(office sought)...."
3507	(b)  Any political advertisement that is paid for by a
3508	write-in candidate and that is published, displayed, or
3509	circulated before, or on the day of, any election must
3510	prominently state:
3511	1.  "Political advertisement paid for and approved by
3512	...(name of candidate)..., write-in candidate, for ...(office
3513	sought)..."; or
3514	2.  "Paid by ...(name of candidate)..., write-in candidate,
3515	for ...(office sought)...."
3516	(c)(b)  Any other political advertisement published,
3517	displayed, or circulated before, or on the day of, any election
3518	must prominently:
3519	1.  Be marked "paid political advertisement" or with the
3520	abbreviation "pd. pol. adv."
3521	2.  State the name and address of the persons paying for
3522	sponsoring the advertisement.
3523	3.a.(I)  State whether the advertisement and the cost of
3524	production is paid for or provided in kind by or at the expense
3525	of the entity publishing, displaying, broadcasting, or
3526	circulating the political advertisement; or
3527	(II)  State who provided or paid for the advertisement and
3528	cost of production, if different from the source of sponsorship.
3529	b.  This subparagraph does not apply if the source of the
3530	sponsorship is patently clear from the content or format of the
3531	political advertisement.
3532	(d)(c)  Any political advertisement made pursuant to s.
3533	106.021(3)(d) must be marked "paid political advertisement" or
3534	with the abbreviation "pd. pol. adv." and must prominently state
3535	the name and address of the political party paying for the
3536	advertisement., "Paid for and sponsored by ...(name of person
3537	paying for political advertisement).... Approved by ...(names of
3538	persons, party affiliation, and offices sought in the political
3539	advertisement)...."
3540	(2)  Political advertisements made as in-kind contributions
3541	from a political party must prominently state: "Paid political
3542	advertisement paid for in-kind by ...(name of political
3543	party).... Approved by ...(name of person, party affiliation,
3544	and office sought in the political advertisement)...."
3545	(3)(2)  Any political advertisement of a candidate running
3546	for partisan office shall express the name of the political
3547	party of which the candidate is seeking nomination or is the
3548	nominee. If the candidate for partisan office is running as a
3549	candidate with no party affiliation, any political advertisement
3550	of the candidate must state that the candidate has no party
3551	affiliation. A candidate for nonpartisan office is prohibited
3552	from campaigning based on party affiliation.
3553	(4)(3)  It is unlawful for any candidate or person on
3554	behalf of a candidate to represent that any person or
3555	organization supports such candidate, unless the person or
3556	organization so represented has given specific approval in
3557	writing to the candidate to make such representation. However,
3558	this subsection does not apply to:
3559	(a)  Editorial endorsement by any newspaper, radio or
3560	television station, or other recognized news medium.
3561	(b)  Publication by a party committee advocating the
3562	candidacy of its nominees.
3563	(5)(4)(a)  Any political advertisement not paid for by a
3564	candidate, including those paid for by a political party, other
3565	than an independent expenditure, offered by or on behalf of a
3566	candidate must be approved in advance by the candidate. Such
3567	political advertisement must expressly state that the content of
3568	the advertisement was approved by the candidate and must state
3569	who paid for the advertisement. The candidate shall provide a
3570	written statement of authorization to the newspaper, radio
3571	station, television station, or other medium for each such
3572	advertisement submitted for publication, display, broadcast, or
3573	other distribution.
3574	(b)  Any person who makes an independent expenditure for a
3575	political advertisement shall provide a written statement that
3576	no candidate has approved the advertisement to the newspaper,
3577	radio station, television station, or other medium for each such
3578	advertisement submitted for publication, display, broadcast, or
3579	other distribution. The advertisement must also contain a
3580	statement that no candidate has approved the advertisement.
3581	(c)  This subsection does not apply to campaign messages
3582	used by a candidate and his or her supporters if those messages
3583	are designed to be worn by a person.
3584	(6)(5)  No political advertisement of a candidate who is
3585	not an incumbent of the office for which the candidate is
3586	running shall use the word "re-elect." Additionally, such
3587	advertisement must include the word "for" between the
3588	candidate's name and the office for which the candidate is
3589	running, in order that incumbency is not implied. This
3590	subsection does not apply to bumper stickers or items designed
3591	to be worn by a person.
3592	(7)  Political advertisements paid for by a political party
3593	or an affiliated party committee may use names and abbreviations
3594	as registered under s. 103.081 in the disclaimer.
3595	(8)(6)  This section does not apply to novelty items having
3596	a retail value of $10 or less which support, but do not oppose,
3597	a candidate or issue.
3598	(9)(7)  Any political advertisement which is published,
3599	displayed, or produced in a language other than English may
3600	provide the information required by this section in the language
3601	used in the advertisement.
3602	(10)(8)  This section does not apply to any campaign
3603	message or political advertisement used by a candidate and the
3604	candidate's supporters or by a political committee if the
3605	message or advertisement is:
3606	(a)  Designed to be worn by a person.
3607	(b)  Placed as a paid link on an Internet website, provided
3608	the message or advertisement is no more than 200 characters in
3609	length and the link directs the user to another Internet website
3610	that complies with subsection (1).
3611	(c)  Placed as a graphic or picture link where compliance
3612	with the requirements of this section is not reasonably
3613	practical due to the size of the graphic or picture link and the
3614	link directs the user to another Internet website that complies
3615	with subsection (1).
3616	(d)  Placed at no cost on an Internet website for which
3617	there is no cost to post content for public users.
3618	(e)  Placed or distributed on an unpaid profile or account
3619	which is available to the public without charge or on a social
3620	networking Internet website, as long as the source of the
3621	message or advertisement is patently clear from the content or
3622	format of the message or advertisement. A candidate or political
3623	committee may prominently display a statement indicating that
3624	the website or account is an official website or account of the
3625	candidate or political committee and is approved by the
3626	candidate or political committee. A website or account may not
3627	be marked as official without prior approval by the candidate or
3628	political committee.
3629	(f)  Distributed as a text message or other message via
3630	Short Message Service, provided the message is no more than 200
3631	characters in length or requires the recipient to sign up or opt
3632	in to receive it.
3633	(g)  Connected with or included in any software application
3634	or accompanying function, provided that the user signs up, opts
3635	in, downloads, or otherwise accesses the application from or
3636	through a website that complies with subsection (1).
3637	(h)  Sent by a third-party user from or through a campaign
3638	or committee's website, provided the website complies with
3639	subsection (1).
3640	(i)  Contained in or distributed through any other
3641	technology-related item, service, or device for which compliance
3642	with subsection (1) is not reasonably practical due to the size
3643	or nature of such item, service, or device as available, or the
3644	means of displaying the message or advertisement makes
3645	compliance with subsection (1) impracticable.
3646	(11)(9)  Any person who willfully violates any provision of
3647	this section is subject to the civil penalties prescribed in s.
3648	106.265.
3649	Section 61.  Subsection (4) of section 106.15, Florida
3650	Statutes, is amended to read:
3651	106.15  Certain acts prohibited.-
3652	(4)(a)  No person shall make and no person shall solicit or
3653	knowingly accept any political contribution in a government-
3654	occupied room or building space building owned by a governmental
3655	entity.
3656	(b)  For purposes of this subsection, the term:,
3657	1.  "Accept" means to receive a contribution by personal
3658	hand delivery from a contributor or the contributor's agent.
3659	2.  "Government-occupied room or building space" means the
3660	building, or in the case of a partial occupancy that portion of
3661	a building, owned or leased and being used by a governmental
3662	entity. However, in the case of a partial occupancy where other
3663	tenants or owners simultaneously occupy a different portion of
3664	the building, the term excludes common areas not under the
3665	exclusive control of the governmental entity, including, but not
3666	limited to, break rooms, hallways, elevators, stairwells, and
3667	conference rooms.
3668	(c)  This subsection does shall not apply when a
3669	government-occupied room or building space government-owned
3670	building or any portion thereof is rented for the specific
3671	purpose of holding a campaign fund raiser.
3672	Section 62.  Section 106.17, Florida Statutes, is amended
3673	to read:
3674	106.17  Polls and surveys relating to candidacies.-Any
3675	candidate, political committee, committee of continuous
3676	existence, electioneering communication organization, or state
3677	or county executive committee of a political party, or an
3678	affiliated party committee may authorize or conduct a political
3679	poll, survey, index, or measurement of any kind relating to
3680	candidacy for public office so long as the candidate, political
3681	committee, committee of continuous existence, electioneering
3682	communication organization, affiliated party committee, or
3683	political party maintains complete jurisdiction over the poll in
3684	all its aspects. State and county executive committees of a
3685	political party or an affiliated party committee may authorize
3686	and conduct political polls for the purpose of determining the
3687	viability of potential candidates. Such poll results may be
3688	shared with potential candidates and expenditures incurred by
3689	state and county executive committees or an affiliated party
3690	committee for potential candidate polls are not contributions to
3691	the potential candidates.
3692	Section 63.  Subsection (4) is added to section 106.19,
3693	Florida Statutes, to read:
3694	106.19  Violations by candidates, persons connected with
3695	campaigns, and political committees.-
3696	(4)  Except as otherwise expressly stated, the failure by a
3697	candidate to comply with the requirements of this chapter has no
3698	effect upon whether the candidate has qualified for the office
3699	the candidate is seeking.
3700	Section 64.  Subsections (2) and (3), paragraph (i) of
3701	subsection (4), and subsection (5) of section 106.25, Florida
3702	Statutes, are amended to read:
3703	106.25  Reports of alleged violations to Florida Elections
3704	Commission; disposition of findings.-
3705	(2)  The commission shall investigate all violations of
3706	this chapter and chapter 104, but only after having received
3707	either a sworn complaint or information reported to it under
3708	this subsection by the Division of Elections. Such sworn
3709	complaint must be based upon personal information or information
3710	other than hearsay. Any person, other than the division, having
3711	information of any violation of this chapter or chapter 104
3712	shall file a sworn complaint with the commission. The commission
3713	shall investigate only those alleged violations specifically
3714	contained within the sworn complaint. If any complainant fails
3715	to allege all violations that arise from the facts or
3716	allegations alleged in a complaint, the commission shall be
3717	barred from investigating a subsequent complaint from such
3718	complainant that is based upon such facts or allegations that
3719	were raised or could have been raised in the first complaint. If
3720	the complaint includes allegations of violations relating to
3721	expense items reimbursed by a candidate, committee, or
3722	organization to the campaign account before a sworn complaint is
3723	filed, the commission shall be barred from investigating such
3724	allegations. Such sworn complaint shall state whether a
3725	complaint of the same violation has been made to any state
3726	attorney. Within 5 days after receipt of a sworn complaint, the
3727	commission shall transmit a copy of the complaint to the alleged
3728	violator. The respondent shall have 14 days after receipt of the
3729	complainant to file an initial response prior to the executive
3730	director's determination of legal sufficiency. If the executive
3731	director finds that the complaint is legally sufficient, the
3732	respondent shall be notified of such finding by letter, which
3733	sets forth the statutory provisions alleged to have been
3734	violated and the alleged factual basis that supports the
3735	finding. All sworn complaints alleging violations of the Florida
3736	Election Code over which the commission has jurisdiction shall
3737	be filed with the commission within 2 years after the alleged
3738	violations. The period of limitations is tolled on the day a
3739	sworn complaint is filed with the commission. The complainant
3740	may withdraw the sworn complaint at any time prior to a probable
3741	cause hearing if good cause is shown. Withdrawal shall be
3742	requested in writing, signed by the complainant, and witnessed
3743	by a notary public, stating the facts and circumstances
3744	constituting good cause. The executive director shall prepare a
3745	written recommendation regarding disposition of the request
3746	which shall be given to the commission together with the
3747	request. "Good cause" shall be determined based upon the legal
3748	sufficiency or insufficiency of the complaint to allege a
3749	violation and the reasons given by the complainant for wishing
3750	to withdraw the complaint. If withdrawal is permitted, the
3751	commission must close the investigation and the case. No further
3752	action may be taken. The complaint will become a public record
3753	at the time of withdrawal.
3754	(3)  For the purposes of commission jurisdiction, a
3755	violation shall mean the willful performance of an act
3756	prohibited by this chapter or chapter 104 or the willful failure
3757	to perform an act required by this chapter or chapter 104. The
3758	commission may not by rule determine what constitutes
3759	willfulness or further define the term as provided in this
3760	chapter or chapter 104. Willfulness is a determination of fact;
3761	however, at the request of the respondent at any time after
3762	probable cause is found, willfulness may be considered and
3763	determined in an informal hearing before the commission.
3764	(4)  The commission shall undertake a preliminary
3765	investigation to determine if the facts alleged in a sworn
3766	complaint or a matter initiated by the division constitute
3767	probable cause to believe that a violation has occurred.
3768	(i)1.  Upon a commission finding of probable cause, the
3769	counsel for the commission shall attempt to reach a consent
3770	agreement with the respondent. At any time, the commission may
3771	enter into a consent order with a respondent without requiring
3772	the respondent to admit to having violated a section for which
3773	the commission has jurisdiction.
3774	2.  A consent agreement is not binding upon either party
3775	unless and until it is signed by the respondent and by counsel
3776	for the commission upon approval by the commission.
3777	3.  Nothing herein shall be construed to prevent the
3778	commission from entering into a consent agreement with a
3779	respondent prior to a commission finding of probable cause if a
3780	respondent indicates in writing a desire to enter into
3781	negotiations directed towards reaching such a consent agreement.
3782	Any consent agreement reached under this subparagraph is subject
3783	to the provisions of subparagraph 2. and shall have the same
3784	force and effect as a consent agreement reached after the
3785	commission finding of probable cause.
3786
3787	In a case where probable cause is found, the commission shall
3788	make a preliminary determination to consider the matter or to
3789	refer the matter to the state attorney for the judicial circuit
3790	in which the alleged violation occurred. Notwithstanding any
3791	other provisions of this section, the commission may, at its
3792	discretion, dismiss any complaint at any stage of disposition if
3793	it determines that the public interest would not be served by
3794	proceeding further, in which case the commission shall issue a
3795	public report stating with particularity its reasons for the
3796	dismissal.
3797	(5)  Unless A person alleged by the Elections Commission to
3798	have committed a violation of this chapter or chapter 104 may
3799	elect, as a matter of right elects, within 30 days after the
3800	date of the filing of the commission's allegations, to have a
3801	formal administrative hearing conducted by an administrative law
3802	judge in the Division of Administrative Hearings. The
3803	administrative law judge in such proceedings shall enter a final
3804	order, which may include the imposition of civil penalties, and
3805	the formal or informal hearing conducted before the commission,
3806	or elects to resolve the complaint by consent order, such person
3807	shall be entitled to a formal administrative hearing conducted
3808	by an administrative law judge in the Division of Administrative
3809	Hearings. The administrative law judge in such proceedings shall
3810	enter a final order is subject to appeal as provided in s.
3811	120.68.
3812	Section 65.  Subsection (1) of section 106.26, Florida
3813	Statutes, is amended to read:
3814	106.26  Powers of commission; rights and responsibilities
3815	of parties; findings by commission.-
3816	(1)  The commission shall, pursuant to rules adopted and
3817	published in accordance with chapter 120, consider all sworn
3818	complaints filed with it and all matters reported to it by the
3819	Division of Elections. In order to carry out the
3820	responsibilities prescribed by this chapter, the commission is
3821	empowered to subpoena and bring before it, or its duly
3822	authorized representatives, any person in the state, or any
3823	person doing business in the state, or any person who has filed
3824	or is required to have filed any application, document, papers,
3825	or other information with an office or agency of this state or a
3826	political subdivision thereof and to require the production of
3827	any papers, books, or other records relevant to any
3828	investigation, including the records and accounts of any bank or
3829	trust company doing business in this state. Duly authorized
3830	representatives of the commission are empowered to administer
3831	all oaths and affirmations in the manner prescribed by law to
3832	witnesses who shall appear before them concerning any relevant
3833	matter. Should any witness fail to respond to the lawful
3834	subpoena of the commission or, having responded, fail to answer
3835	all lawful inquiries or to turn over evidence that has been
3836	subpoenaed, the commission may file a complaint in the before
3837	any circuit court where the witness resides of the state setting
3838	up such failure on the part of the witness. On the filing of
3839	such complaint, the court shall take jurisdiction of the witness
3840	and the subject matter of said complaint and shall direct the
3841	witness to respond to all lawful questions and to produce all
3842	documentary evidence in the witness's possession which is
3843	lawfully demanded. The failure of any witness to comply with
3844	such order of the court shall constitute a direct and criminal
3845	contempt of court, and the court shall punish said witness
3846	accordingly. However, the refusal by a witness to answer
3847	inquiries or turn over evidence on the basis that such testimony
3848	or material will tend to incriminate such witness shall not be
3849	deemed refusal to comply with the provisions of this chapter.
3850	The sheriffs in the several counties shall make such service and
3851	execute all process or orders when required by the commission.
3852	Sheriffs shall be paid for these services by the commission as
3853	provided for in s. 30.231. Any person who is served with a
3854	subpoena to attend a hearing of the commission also shall be
3855	served with a general statement informing him or her of the
3856	subject matter of the commission's investigation or inquiry and
3857	a notice that he or she may be accompanied at the hearing by
3858	counsel of his or her own choosing.
3859	Section 66.  Section 106.265, Florida Statutes, is amended
3860	to read:
3861	106.265  Civil penalties.-
3862	(1)  The commission or, in cases referred to the Division
3863	of Administrative Hearings pursuant to s. 106.25(5), an
3864	administrative law judge is authorized upon the finding of a
3865	violation of this chapter or chapter 104 to impose civil
3866	penalties in the form of fines not to exceed $1,000 per count
3867	or, if applicable, to impose a civil penalty as provided in s.
3868	106.19.
3869	(2)  In determining the amount of such civil penalties, the
3870	commission or the administrative law judge shall consider, among
3871	other mitigating and aggravating circumstances:
3872	(a)  The gravity of the act or omission;
3873	(b)  Any previous history of similar acts or omissions;
3874	(c)  The appropriateness of such penalty to the financial
3875	resources of the person, political committee, committee of
3876	continuous existence, electioneering communications
3877	organization, or political party; and
3878	(d)  Whether the person, political committee, committee of
3879	continuous existence, electioneering communications
3880	organization, or political party has shown good faith in
3881	attempting to comply with the provisions of this chapter or
3882	chapter 104.
3883	(3)(2)  If any person, political committee, committee of
3884	continuous existence, electioneering communications
3885	organization, or political party fails or refuses to pay to the
3886	commission any civil penalties assessed pursuant to the
3887	provisions of this section, the commission shall be responsible
3888	for collecting the civil penalties resulting from such action.
3889	(4)(3)  Any civil penalty collected pursuant to the
3890	provisions of this section shall be deposited into the General
3891	Revenue Fund Election Campaign Financing Trust Fund.
3892	(5)(4)  Notwithstanding any other provisions of this
3893	chapter, Any fine assessed pursuant to the provisions of this
3894	chapter shall, which fine is designated to be deposited or which
3895	would otherwise be deposited into the General Revenue Fund of
3896	the state, shall be deposited into the Election Campaign
3897	Financing Trust Fund.
3898	(6)(5)  In any case in which the commission determines that
3899	a person has filed a complaint against another person with a
3900	malicious intent to injure the reputation of the person
3901	complained against by filing the complaint with knowledge that
3902	the complaint contains one or more false allegations or with
3903	reckless disregard for whether the complaint contains false
3904	allegations of fact material to a violation of this chapter or
3905	chapter 104, the complainant shall be liable for costs and
3906	reasonable attorney's fees incurred in the defense of the person
3907	complained against, including the costs and reasonable
3908	attorney's fees incurred in proving entitlement to and the
3909	amount of costs and fees. If the complainant fails to pay such
3910	costs and fees voluntarily within 30 days following such finding
3911	by the commission, the commission shall forward such information
3912	to the Department of Legal Affairs, which shall bring a civil
3913	action in a court of competent jurisdiction to recover the
3914	amount of such costs and fees awarded by the commission.
3915	Section 67.  Subsection (1) and paragraph (b) of subsection
3916	(3) of section 106.29, Florida Statutes, are amended to read:
3917	106.29  Reports by political parties; restrictions on
3918	contributions and expenditures; penalties.-
3919	(1)  The state executive committee and each county
3920	executive committee of each political party regulated by chapter
3921	103 shall file regular reports of all contributions received and
3922	all expenditures made by such committee. In addition, when a
3923	special election is called to fill a vacancy in office, each
3924	state executive committee and each county executive committee
3925	making contributions or expenditures to influence the results of
3926	the special election or the preceding special primary election
3927	must file a campaign treasurer's report on the dates set by the
3928	Department of State pursuant to s. 100.111. Such reports shall
3929	contain the same information as do reports required of
3930	candidates by s. 106.07 and shall be filed on the 10th day
3931	following the end of each calendar quarter, except that, during
3932	the period from the last day for candidate qualifying until the
3933	general election, such reports shall be filed on the Friday
3934	immediately preceding each special primary election, special
3935	election, and both the primary election and the general
3936	election. In addition to the reports filed under this section,
3937	the state executive committee and each county executive
3938	committee shall file a copy of each prior written acceptance of
3939	an in-kind contribution given by the committee during the
3940	preceding calendar quarter as required under s. 106.08(6). Each
3941	state executive committee shall file the original and one copy
3942	of its reports with the Division of Elections. Each county
3943	executive committee shall file its reports with the supervisor
3944	of elections in the county in which such committee exists. Any
3945	state or county executive committee failing to file a report on
3946	the designated due date shall be subject to a fine as provided
3947	in subsection (3). A No separate fine may not shall be assessed
3948	for failure to file a copy of any report required by this
3949	section.
3950	(3)
3951	(b)  Upon determining that a report is late, the filing
3952	officer shall immediately notify the chair of the executive
3953	committee as to the failure to file a report by the designated
3954	due date and that a fine is being assessed for each late day.
3955	The fine shall be $1,000 for a state executive committee, and
3956	$50 for a county executive committee, per day for each late day,
3957	not to exceed 25 percent of the total receipts or expenditures,
3958	whichever is greater, for the period covered by the late report.
3959	However, if an executive committee fails to file a report on the
3960	Friday immediately preceding the special election or general
3961	election, the fine shall be $10,000 per day for each day a state
3962	executive committee is late and $500 per day for each day a
3963	county executive committee is late. Upon receipt of the report,
3964	the filing officer shall determine the amount of the fine which
3965	is due and shall notify the chair. Notice is deemed sufficient
3966	upon proof of delivery of written notice to the mailing or
3967	street address on record with the filing officer. The filing
3968	officer shall determine the amount of the fine due based upon
3969	the earliest of the following:
3970	1.  When the report is actually received by such officer.
3971	2.  When the report is postmarked.
3972	3.  When the certificate of mailing is dated.
3973	4.  When the receipt from an established courier company is
3974	dated.
3975	5.  When the electronic receipt issued pursuant to s.
3976	106.0705 is dated.
3977
3978	Such fine shall be paid to the filing officer within 20 days
3979	after receipt of the notice of payment due, unless appeal is
3980	made to the Florida Elections Commission pursuant to paragraph
3981	(c). An officer or member of an executive committee shall not be
3982	personally liable for such fine.
3983	Section 68.  Subsection (5) of section 106.35, Florida
3984	Statutes, is amended to read:
3985	106.35  Distribution of funds.-
3986	(5)  The division shall adopt rules providing for the
3987	weekly reports and certification and distribution of funds
3988	pursuant thereto required by this section. Such rules shall, at
3989	a minimum, provide for:
3990	(a)  Specifications for printed campaign treasurer's
3991	reports outlining the format for such reports, including size of
3992	paper, typeface, color of print, and placement of required
3993	information on the form.
3994	(b)1.  specifications for electronically transmitted
3995	campaign treasurer's reports outlining communication parameters
3996	and protocol, data record formats, and provisions for ensuring
3997	security of data and transmission.
3998	2.  All electronically transmitted campaign treasurer's
3999	reports must also be filed in printed format. Printed format
4000	shall not include campaign treasurer's reports submitted by
4001	electronic facsimile transmission.
4002	Section 69.  Section 106.355, Florida Statutes, is amended
4003	to read:
4004	106.355  Nonparticipating candidate exceeding limits.-
4005	Whenever a candidate for the office of Governor or member of the
4006	Cabinet who has elected not to participate in election campaign
4007	financing under the provisions of ss. 106.30-106.36 exceeds the
4008	applicable expenditure limit provided in s. 106.34, all opposing
4009	candidates participating in such election campaign financing
4010	are, notwithstanding the provisions of s. 106.33 or any other
4011	provision requiring adherence to such limit, released from such
4012	expenditure limit to the extent the nonparticipating candidate
4013	exceeded the limit, are still eligible for matching
4014	contributions up to such limit, and shall not be required to
4015	reimburse any matching funds provided pursuant thereto. In
4016	addition, the Department of State shall, within 7 days after a
4017	request by a participating candidate, provide such candidate
4018	with funds from the Election Campaign Financing Trust Fund equal
4019	to the amount by which the nonparticipating candidate exceeded
4020	the expenditure limit, not to exceed twice the amount of the
4021	maximum expenditure limits specified in s. 106.34(1)(a) and (b),
4022	which funds shall not be considered matching funds.
4023	Section 70.  Paragraph (d) of subsection (1) of section
4024	11.045, Florida Statutes, is amended to read:
4025	11.045  Lobbying before the Legislature; registration and
4026	reporting; exemptions; penalties.-
4027	(1)  As used in this section, unless the context otherwise
4028	requires:
4029	(d)  "Expenditure" means a payment, distribution, loan,
4030	advance, reimbursement, deposit, or anything of value made by a
4031	lobbyist or principal for the purpose of lobbying. The term
4032	"expenditure" does not include contributions or expenditures
4033	reported pursuant to chapter 106 or federal election law, funds
4034	received or spent under s. 106.012, campaign-related personal
4035	services provided without compensation by individuals
4036	volunteering their time, any other contribution or expenditure
4037	made by or to a political party, or any other contribution or
4038	expenditure made by an organization that is exempt from taxation
4039	under 26 U.S.C. s. 527 or s. 501(c)(4).
4040	Section 71.  Paragraph (b) of subsection (12) of section
4041	112.312, Florida Statutes, is amended to read:
4042	112.312  Definitions.-As used in this part and for purposes
4043	of the provisions of s. 8, Art. II of the State Constitution,
4044	unless the context otherwise requires:
4045	(12)
4046	(b)  "Gift" does not include:
4047	1.  Salary, benefits, services, fees, commissions, gifts,
4048	or expenses associated primarily with the donee's employment,
4049	business, or service as an officer or director of a corporation
4050	or organization.
4051	2.  Contributions or expenditures reported pursuant to
4052	chapter 106, funds received or spent under s. 106.012,
4053	contributions or expenditures reported pursuant to federal
4054	election law, campaign-related personal services provided
4055	without compensation by individuals volunteering their time, or
4056	any other contribution or expenditure by a political party.
4057	3.  An honorarium or an expense related to an honorarium
4058	event paid to a person or the person's spouse.
4059	4.  An award, plaque, certificate, or similar personalized
4060	item given in recognition of the donee's public, civic,
4061	charitable, or professional service.
4062	5.  An honorary membership in a service or fraternal
4063	organization presented merely as a courtesy by such
4064	organization.
4065	6.  The use of a public facility or public property, made
4066	available by a governmental agency, for a public purpose.
4067	7.  Transportation provided to a public officer or employee
4068	by an agency in relation to officially approved governmental
4069	business.
4070	8.  Gifts provided directly or indirectly by a state,
4071	regional, or national organization which promotes the exchange
4072	of ideas between, or the professional development of,
4073	governmental officials or employees, and whose membership is
4074	primarily composed of elected or appointed public officials or
4075	staff, to members of that organization or officials or staff of
4076	a governmental agency that is a member of that organization.
4077	Section 72.  Paragraph (d) of subsection (1) of section
4078	112.3215, Florida Statutes, is amended to read:
4079	112.3215  Lobbying before the executive branch or the
4080	Constitution Revision Commission; registration and reporting;
4081	investigation by commission.-
4082	(1)  For the purposes of this section:
4083	(d)  "Expenditure" means a payment, distribution, loan,
4084	advance, reimbursement, deposit, or anything of value made by a
4085	lobbyist or principal for the purpose of lobbying. The term
4086	"expenditure" does not include contributions or expenditures
4087	reported pursuant to chapter 106, funds received or spent under
4088	s. 106.012, or contributions or expenditures reported pursuant
4089	to federal election law, campaign-related personal services
4090	provided without compensation by individuals volunteering their
4091	time, any other contribution or expenditure made by or to a
4092	political party, or any other contribution or expenditure made
4093	by an organization that is exempt from taxation under 26 U.S.C.
4094	s. 527 or s. 501(c)(4).
4095	Section 73.  Subsection (1) of section 876.05, Florida
4096	Statutes, is amended to read:
4097	876.05  Public employees; oath.-
4098	(1)  All persons who now or hereafter are employed by or
4099	who now or hereafter are on the payroll of the state, or any of
4100	its departments and agencies, subdivisions, counties, cities,
4101	school boards and districts of the free public school system of
4102	the state or counties, or institutions of higher learning, and
4103	all candidates for public office, except candidates for federal
4104	office, are required to take an oath before any person duly
4105	authorized to take acknowledgments of instruments for public
4106	record in the state in the following form:
4107	I, ...., a citizen of the State of Florida and of the
4108	United States of America, and being employed by or an officer of
4109	.... and a recipient of public funds as such employee or
4110	officer, do hereby solemnly swear or affirm that I will support
4111	the Constitution of the United States and of the State of
4112	Florida.
4113	Section 74.  Section 100.101, Florida Statutes, is amended
4114	to read:
4115	100.101  Special elections and special primary elections.-
4116	Except as provided in s. 100.111(2), A special election or
4117	special primary election shall be held in the following cases:
4118	(1)  If no person has been elected at a general election to
4119	fill an office which was required to be filled by election at
4120	such general election.
4121	(2)  If a vacancy occurs in the office of state senator or
4122	member of the state house of representatives.
4123	(3)  If it is necessary to elect presidential electors, by
4124	reason of the offices of President and Vice President both
4125	having become vacant.
4126	(4)  If a vacancy occurs in the office of member from
4127	Florida of the House of Representatives of Congress.
4128	Section 75.  Section 103.161, Florida Statutes, is
4129	repealed.
4130	Section 76.  Section 876.07, Florida Statutes, is repealed.
4131	Section 77.  Except as otherwise expressly provided in this
4132	act, this act shall take effect July 1, 2011.

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