Florida HB 537 - Draft Sections 51-60
Note: Additions are notated in
this manner; deletions are notated in this manner.
Section 51. Section 106.37, Florida Statutes, is repealed.
Section 52. Subsections (2) and (3) of section 189.405,
Florida Statutes, are amended to read:
189.405 Elections; general requirements and procedures; education programs.--
(2)
(a) Any independent special district located entirely in a single county may provide for the conduct of district elections by the supervisor of elections for that county. Any independent special district that conducts its elections through the office of the supervisor shall make election procedures consistent with the Florida Election Code.
(b) Any independent special district not conducting district elections through the supervisor of elections shall report to the supervisor in a timely manner the purpose, date, authorization, procedures, and results of each election conducted by the district.
(c) A candidate for a position on a governing board of a single-county special district that has its elections conducted by the supervisor of elections shall qualify for the office with the county supervisor of elections in whose jurisdiction the district is located. Elections for governing board members elected by registered electors shall be nonpartisan, except when partisan elections are specified by a district's charter.
Candidates shall qualify as directed by chapter 99. by
paying a filing fee equal to 3 percent of the salary or honorarium
paid for the office, or a filing fee of $25, whichever is more. Alternatively, candidates may qualify by submitting a
petition that contains the signatures of at least 3 percent of the district's registered electors, or any lesser amount of
signatures directed by chapter 99, chapter 582, or other
general or special law. No election or party assessment shall be
levied if the election is nonpartisan. The qualifying fee shall be remitted to the general revenue fund of the qualifying
officer to help defray the cost of the election. The petition form
shall be submitted and checked in the same manner as those for nonpartisan judicial candidates pursuant to s. 105.035.
(3)
(a) If a multicounty special district has a popularly elected governing board, elections for the purpose of electing members to such board shall conform to the Florida Election Code, chapters 97-106.
(b) With the exception of those districts conducting
elections on a one-acre/one-vote basis, qualifying for multicounty special district governing board positions
shall be coordinated by the Department of State. Elections for
governing board members elected by registered electors shall be nonpartisan, except when partisan elections are specified
by a district's charter. Candidates shall qualify as directed by chapter 99. by paying a filing fee equal to 3 percent of
the salary or honorarium paid for the office, or a filing fee
of $25, whichever is more. Alternatively, candidates may
qualify by submitting a petition that contains the signatures of at
least 3 percent of the district's registered electors, or any
lesser amount of signatures directed by chapter 99, chapter 582,
or other general or special law. No election or party
assessment shall be levied if the election is nonpartisan. The
qualifying fee shall be remitted to the Department of State. The
petition form shall be submitted and checked in the same manner as
those for nonpartisan judicial candidates pursuant to s. 105.035.
Section 53. Paragraph (a) of subsection (1) of section
191.005, Florida Statutes, is amended to read:
191.005 District boards of commissioners; membership, officers, meetings.--
(1)
(a) With the exception of districts whose governing boards are appointed collectively by the Governor, the county commission, and any cooperating city within the county, the business affairs of each district shall be conducted and administered by a five-member board. All three-member boards existing on the effective date of this act shall be converted to five-member boards, except those permitted to continue as a three-member board by special act adopted in 1997 or thereafter.
The board shall be elected in nonpartisan elections by the
electors of the district. Except as provided in this act,
such elections shall be held at the time and in the manner
prescribed by law for holding general elections in accordance with s. 189.405(2)(a) and (3), and each member shall be elected for
a term of 4 years and serve until the member's successor
assumes office. Candidates for the board of a district shall
qualify as directed by chapter 99.
with the county supervisor of
elections in whose jurisdiction the district is located. If the
district is a multicounty district, candidates shall qualify with
the Department of State. All candidates may qualify by paying a filing fee of $25 or by obtaining the signatures of at
least 25 registered electors of the district on petition forms
provided by the supervisor of elections which petitions shall be submitted and checked in the same manner as petitions filed
by nonpartisan judicial candidates pursuant to s. 105.035. Notwithstanding s. 106.021, a candidate who does not
collect contributions and whose only expense is the filing fee is
not required to appoint a campaign treasurer or designate a
primary campaign depository.
Section 54. Paragraph (a) of subsection (1) of section
582.18, Florida Statutes, is amended to read:
582.18 Election of supervisors of each district.--
(1) The election of supervisors for each soil and water conservation district shall be held every 2 years. The elections shall be held at the time of the general election provided for by s. 100.041. The office of the supervisor of a soil and water conservation district is a nonpartisan office, and candidates for such office are prohibited from campaigning or qualifying for election based on party affiliation.
(a) Each candidate for supervisor for such district shall qualify as directed by chapter
99. be nominated by
nominating petition subscribed by 25 or more qualified electors of
such district. Candidates shall obtain signatures on petition
forms prescribed by the Department of State and furnished by the appropriate qualifying officer. In multicounty districts,
the appropriate qualifying officer is the Secretary of State;
in single-county districts, the appropriate qualifying officer
is the supervisor of elections. Such forms may be obtained at
any time after the first Tuesday after the first Monday in
January preceding the election, but prior to the 21st day preceding
the first day of the qualifying period for state office. Each petition shall be submitted, prior to noon of the 21st day
preceding the first day of the qualifying period for state office, to the supervisor of elections of the county for
which such petition was circulated. The supervisor of elections
shall check the signatures on the petition to verify their status
as electors in the district. Prior to the first date for qualifying, the supervisor of elections shall determine
whether the required single-county signatures have been obtained;
and she or he shall so notify the candidate. In the case of a multicounty candidate, the supervisor of elections shall
check the signatures on petitions and shall, prior to the first
date for qualifying for office, certify to the Department of
State the number shown as registered electors of the district.
The Department of State shall determine if the required number
of signatures has been obtained for multicounty candidates and shall so notify the candidate. If the required number of
signatures has been obtained for the name of the candidate
to be placed on the ballot, the candidate shall, during the time prescribed for qualifying for office in s. 99.061, submit a
copy of the notice to, and file her or his qualification papers
with, the qualifying officer and take the oath prescribed in s. 99.021.
Section 55. Subsection (1) of section 876.05, Florida
Statutes, is amended to read:
876.05 Public employees; oath.--
(1) All persons who now or hereafter are employed by or who now or hereafter are on the payroll of the state, or any of its departments and agencies, subdivisions, counties, cities, school boards and districts of the free public school system of the state or counties, or institutions of higher learning, and all candidates for public office, except candidates for federal office, are required to take an oath before any person duly authorized to take acknowledgments of instruments for public record in the state in the following form:
I, , a citizen of the State of Florida and of the United States of America, and being employed by or an officer of officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida.
Section 56.
At the time of qualification, all write-in candidates must reside within the district represented by the office sought.
Section 57.
Except as otherwise expressly provided in this act and except for this section, which shall take effect upon becoming a law, this act shall take effect January 1, 2008.