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3 | 3 | | HB 51 2025 |
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9 | 9 | | Page 1 of 6 |
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10 | 10 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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14 | 14 | | A bill to be entitled 1 |
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15 | 15 | | An act relating to elections; amending s. 99.061, 2 |
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16 | 16 | | F.S.; requiring write -in candidates to pay certain 3 |
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17 | 17 | | fees; amending ss. 99.092 and 105.031, F.S.; 4 |
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18 | 18 | | conforming provisions to changes made by this act; 5 |
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19 | 19 | | creating s. 100.012, F.S.; prohibiting a write -in 6 |
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20 | 20 | | candidate from being considered an opponent for 7 |
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21 | 21 | | certain purposes; amending s. 101.015, F.S.; requiring 8 |
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22 | 22 | | the Department of State to adopt rules for security of 9 |
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23 | 23 | | voting systems; requiring such rules to prohibit 10 |
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24 | 24 | | connection to the Internet; amending s. 101.5604, 11 |
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25 | 25 | | F.S.; authorizing counties to count ballots by hand at 12 |
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26 | 26 | | the precinct level; providing an effective date. 13 |
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27 | 27 | | 14 |
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28 | 28 | | Be It Enacted by the Legislature of the State of Florida : 15 |
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29 | 29 | | 16 |
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30 | 30 | | Section 1. Subsection (4) of section 99.061, Florida 17 |
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31 | 31 | | Statutes, is amended to read: 18 |
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32 | 32 | | 99.061 Method of qualifying for nomination or election to 19 |
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33 | 33 | | federal, state, county, or district office. — 20 |
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34 | 34 | | (4)(a) Each person seeking to qualify for election to 21 |
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35 | 35 | | office as a write-in candidate shall file his or her 22 |
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36 | 36 | | qualification papers with the respective qualifying officer at 23 |
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37 | 37 | | any time after noon of the 1st day for qualifying, but not later 24 |
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38 | 38 | | than noon of the last day of the qualifying period for the 25 |
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40 | 40 | | HB 51 2025 |
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46 | 46 | | Page 2 of 6 |
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47 | 47 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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51 | 51 | | office sought. 26 |
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52 | 52 | | (b) Any person who is seeking election as a write -in 27 |
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53 | 53 | | candidate shall not be required to pay a filing fee, election 28 |
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54 | 54 | | assessment, or party assessment. A write-in candidate is not 29 |
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55 | 55 | | entitled to have his or her name printed on any ballot; however, 30 |
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56 | 56 | | space for the write-in candidate's name to be written in must be 31 |
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57 | 57 | | provided on the general election ballot. A person may not 32 |
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58 | 58 | | qualify as a write-in candidate if the person has also otherwise 33 |
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59 | 59 | | qualified for nomination or election to such office. 34 |
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60 | 60 | | Section 2. Subsection (1) of s ection 99.092, Florida 35 |
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61 | 61 | | Statutes, is amended to read: 36 |
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62 | 62 | | 99.092 Qualifying fee of candidate; notification of 37 |
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63 | 63 | | Department of State. — 38 |
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64 | 64 | | (1) Each person seeking to qualify for nomination or 39 |
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65 | 65 | | election to any office, except a person seeking to qualify by 40 |
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66 | 66 | | the petition process pursuant to s. 99.095 and except a person 41 |
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67 | 67 | | seeking to qualify as a write -in candidate, shall pay a 42 |
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68 | 68 | | qualifying fee, which shall consist of a filing fee and election 43 |
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69 | 69 | | assessment, to the officer with whom the person qualifies, and 44 |
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70 | 70 | | any party assessment levied, and shall attach the original or 45 |
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71 | 71 | | signed duplicate of the receipt for his or her party assessment 46 |
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72 | 72 | | or pay the same, in accordance with the provisions of s. 47 |
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73 | 73 | | 103.121, at the time of filing his or her other qualifying 48 |
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74 | 74 | | papers. The amount of the filing fee is 3 percent of the annual 49 |
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75 | 75 | | salary of the office. The amount of the election assessment is 1 50 |
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84 | 84 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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88 | 88 | | percent of the annual salary of the office sought. The election 51 |
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89 | 89 | | assessment shall be transferred to the Elections Commission 52 |
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90 | 90 | | Trust Fund. The amount of the party assessment is 2 percent of 53 |
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91 | 91 | | the annual salary. The annual salary of the office for purposes 54 |
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92 | 92 | | of computing the filing fee, election assessment, and party 55 |
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93 | 93 | | assessment shall be computed by multiplying 12 times the monthly 56 |
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94 | 94 | | salary, excluding any special qualificat ion pay, authorized for 57 |
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95 | 95 | | such office as of July 1 immediately preceding the first day of 58 |
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96 | 96 | | qualifying. No qualifying fee shall be returned to the candidate 59 |
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97 | 97 | | unless the candidate withdraws his or her candidacy before the 60 |
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98 | 98 | | last date to qualify. If a candidate die s prior to an election 61 |
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99 | 99 | | and has not withdrawn his or her candidacy before the last date 62 |
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100 | 100 | | to qualify, the candidate's qualifying fee shall be returned to 63 |
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101 | 101 | | his or her designated beneficiary, and, if the filing fee or any 64 |
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102 | 102 | | portion thereof has been transferred to the political party of 65 |
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103 | 103 | | the candidate, the Secretary of State shall direct the party to 66 |
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104 | 104 | | return that portion to the designated beneficiary of the 67 |
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105 | 105 | | candidate. 68 |
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106 | 106 | | Section 3. Subsection (3) of section 105.031, Florida 69 |
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107 | 107 | | Statutes, is amended to read: 70 |
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108 | 108 | | 105.031 Qualification; filing fee; candidate's oath; items 71 |
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109 | 109 | | required to be filed. — 72 |
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110 | 110 | | (3) QUALIFYING FEE. —Each candidate qualifying for election 73 |
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111 | 111 | | to a judicial office or the office of school board member , 74 |
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112 | 112 | | except write-in judicial or school board candidates, shall, 75 |
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121 | 121 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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125 | 125 | | during the time for qualifying, pay to the officer with whom he 76 |
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126 | 126 | | or she qualifies a qualifying fee, which shall consist of a 77 |
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127 | 127 | | filing fee and an election assessment, or qualify by the 78 |
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128 | 128 | | petition process. The amount of the filing fee is 3 percent of 79 |
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129 | 129 | | the annual salary of the office sought. The amount of the 80 |
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130 | 130 | | election assessment is 1 percent of the annual salary of the 81 |
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131 | 131 | | office sought. The Department of State shall transfer all filing 82 |
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132 | 132 | | fees to the Department of Legal Affairs for deposit in the 83 |
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133 | 133 | | Elections Commission Trust Fun d. The supervisor of elections 84 |
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134 | 134 | | shall forward all filing fees to the Elections Commission Trust 85 |
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135 | 135 | | Fund. The election assessment shall be deposited into the 86 |
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136 | 136 | | Elections Commission Trust Fund. The annual salary of the office 87 |
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137 | 137 | | for purposes of computing the qualifyi ng fee shall be computed 88 |
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138 | 138 | | by multiplying 12 times the monthly salary authorized for such 89 |
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139 | 139 | | office as of July 1 immediately preceding the first day of 90 |
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140 | 140 | | qualifying. This subsection does not apply to candidates 91 |
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141 | 141 | | qualifying for retention to judicial office. 92 |
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142 | 142 | | Section 4. Section 100.012, Florida Statutes, is created 93 |
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143 | 143 | | to read: 94 |
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144 | 144 | | 100.012 Determination of opposition in a general 95 |
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145 | 145 | | election.—For purposes of implementing s. 5(b), Art. VI of the 96 |
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146 | 146 | | State Constitution, a write -in candidate may not be considered 97 |
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147 | 147 | | to be an opponent. 98 |
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148 | 148 | | Section 5. Paragraphs (d) and (e) of subsection (1) of 99 |
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149 | 149 | | section 101.015, Florida Statutes, are amended, and paragraph 100 |
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158 | 158 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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162 | 162 | | (f) is added to that subsection to read: 101 |
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163 | 163 | | 101.015 Standards for voting systems. — 102 |
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164 | 164 | | (1) The Department of State shall adopt rules which 103 |
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165 | 165 | | establish minimum standards for hardware and software for 104 |
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166 | 166 | | electronic and electromechanical voting systems. Such rules 105 |
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167 | 167 | | shall contain standards for: 106 |
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168 | 168 | | (d) Documentation requirements; and 107 |
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169 | 169 | | (e) Evaluation criteria ; and. 108 |
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170 | 170 | | (f) Security, including a requi rement that voting systems 109 |
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171 | 171 | | may not connect to the Internet. 110 |
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172 | 172 | | Section 6. Section 101.5604, Florida Statutes, is amended 111 |
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173 | 173 | | to read: 112 |
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174 | 174 | | 101.5604 Adoption of system; procurement of equipment; 113 |
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175 | 175 | | commercial tabulations. —The board of county commissioners of any 114 |
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176 | 176 | | county, at any regular meeting or a special meeting called for 115 |
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177 | 177 | | the purpose, may, upon consultation with the supervisor of 116 |
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178 | 178 | | elections, adopt, purchase or otherwise procure, and provide for 117 |
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179 | 179 | | the use of any electronic or electromechanical voting system 118 |
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180 | 180 | | approved by the Department of State in all or a portion of the 119 |
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181 | 181 | | election precincts of that county. Thereafter the electronic or 120 |
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182 | 182 | | electromechanical voting system may be used for voting at all 121 |
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183 | 183 | | elections for public and party offices and on all measures and 122 |
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184 | 184 | | for receiving, registering, and counting the votes thereof in 123 |
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185 | 185 | | such election precincts as the governing body directs. A county 124 |
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186 | 186 | | may must use an electronic or electromechanical precinct -count 125 |
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195 | 195 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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199 | 199 | | tabulation voting system or may count ballots by hand at the 126 |
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200 | 200 | | precinct level. 127 |
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201 | 201 | | Section 7. This act shall take effect July 1, 2025. 128 |
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