Florida 2025 Regular Session

Florida House Bill H0635 Compare Versions

Only one version of the bill is available at this time.

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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
15	15	An act relating to candidate filing fees; amending s. 2
16	16	99.061, F.S.; authorizing a candidate to pay the 3
17	17	filing fee by a specified debit card; revising the 4
18	18	timeframe in which a candidate shall pay the filing 5
19	19	fee if the candidate's check is returned by the bank; 6
20	20	authorizing certain candidates to challenge whether 7
21	21	another candidate has complied with specified 8
22	22	requirements; providing requirements for such 9
23	23	challenge; amending s. 106.11, F.S.; requiring certain 10
24	24	signatures only if there is a place for such 11
25	25	signatures on the receipt of payment by a debit card; 12
26	26	providing an effective date. 13
27	27	14
28	28	Be It Enacted by the Legislature of the State of Florida: 15
29	29	16
30	30	Section 1. Subsection (7) of section 99.061, Florida 17
31	31	Statutes, is amended to read: 18
32	32	99.061 Method of qualifying for nomination or election to 19
33	33	federal, state, county, or district office. — 20
34	34	(7)(a) In order for a candidate to be qualified, the 21
35	35	following items must be received by the filing officer by the 22
36	36	end of the qualifying period: 23
37	37	1. The filing fee payable to the person or entity as 24
38	38	prescribed by the filing officer in an amount not less than the 25
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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	fee required by s. 99.092, by a properly executed check drawn 26
52	52	upon the candidate's campaign account or by a debit card linked 27
53	53	to the candidate's campaign account as provided in s. 106.11(2) 28
54	54	payable to the person or entity as prescribed by the filing 29
55	55	officer in an amount not less than the fee required by s. 30
56	56	99.092, unless the candidate obtained the required number of 31
57	57	signatures on petitions pursuant to s. 99.095. The filing fee 32
58	58	for a special district candidate is not required to be drawn 33
59	59	upon the candidate's campaign account. If a candidate's check is 34
60	60	returned by the bank for any reason, the filing officer shall 35
61	61	immediately notify the candidate and the candidate shall , the 36
62	62	end of qualifying notwithstanding, have 48 hours from the time 37
63	63	such notification is received, excluding Saturdays, Sundays, and 38
64	64	legal holidays, have until the end of qualifying to pay the fee 39
65	65	with a cashier's check purchased from funds of the campaign 40
66	66	account. Failure to pay the fee as provided in this subparagraph 41
67	67	shall disqualify the candidate. 42
68	68	2. The candidate's oath required by s. 99.021, which must 43
69	69	contain the name of the candidate as it is to appear on the 44
70	70	ballot; the office sought, including the district or group 45
71	71	number if applicable; and the signature of the candidate, which 46
72	72	must be verified under oath or affirmation pursuant to s. 47
73	73	92.525(1)(a). 48
74	74	3. If the office sought is partisan, the written statement 49
75	75	of political party affiliation required by s. 99.021(1)(b); or 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	if the candidate is running without party affiliation for a 51
89	89	partisan office, the written statement required by s. 52
90	90	99.021(1)(c). 53
91	91	4. The completed form for the appointment of campaign 54
92	92	treasurer and designation of campaign depository, as required by 55
93	93	s. 106.021. 56
94	94	5. The full and public disclosure or statement of 57
95	95	financial interests required by subsection (5). A public officer 58
96	96	who has filed the full and public disclosure or statement of 59
97	97	financial interests with the Commission on Ethics before 60
98	98	qualifying for office may file a copy of that disclosure or a 61
99	99	verification or receipt of electronic filing as provided in 62
100	100	subsection (5) at the time of qualifying. 63
101	101	(b) If the filing officer receives qualifying papers 64
102	102	during the qualifying period prescribed in this section which do 65
103	103	not include all items as required by paragraph (a) prior to the 66
104	104	last day of qualifying, the filing officer shall make a 67
105	105	reasonable effort to notify the candidate of the missing or 68
106	106	incomplete items and shall inform the candidate that all 69
107	107	required items must be received by the close of qualifying. A 70
108	108	candidate's name as it is to appear on the ballot may not be 71
109	109	changed after the en d of qualifying. 72
110	110	(c) The filing officer performs a ministerial function in 73
111	111	reviewing qualifying papers. In determining whether a candidate 74
112	112	is qualified, the filing officer shall review the qualifying 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	papers to determine whether all items required by para graph (a) 76
126	126	have been properly filed and whether each item is complete on 77
127	127	its face, including whether items that must be verified have 78
128	128	been properly verified pursuant to s. 92.525(1)(a). The filing 79
129	129	officer may not determine whether the contents of the qualif ying 80
130	130	papers are accurate. 81
131	131	(d) Whether a candidate has complied with this subsection 82
132	132	may be challenged in the circuit court by any other candidate 83
133	133	for such office or nomination. 84
134	134	1. A complaint providing the grounds of the challenge 85
135	135	shall be filed with t he clerk of the circuit court within 10 86
136	136	days after midnight of the end of the qualifying period. 87
137	137	2. The filing officer and any supervisor of elections 88
138	138	responsible for conducting the election are indispensable party 89
139	139	defendants. 90
140	140	3. A copy of the complaint shall be served upon the 91
141	141	defendant and any other person named therein in the same manner 92
142	142	as in other civil cases under the laws of this state. Within 10 93
143	143	days after the complaint has been served, a defendant must file 94
144	144	an answer admitting or denyin g the allegations on which the 95
145	145	plaintiff relies or stating that the defendant has no knowledge 96
146	146	or information concerning the allegations, which shall be deemed 97
147	147	a denial of the allegations, and must state any other defenses, 98
148	148	in law or fact, on which the def endant relies. 99
149	149	4. A candidate presenting such a challenge to a circuit 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	judge is entitled to an immediate hearing. However, the court in 101
163	163	its discretion may limit the time for taking testimony, with a 102
164	164	view therein to the circumstances of the matter and to the 103
165	165	proximity of the succeeding election. 104
166	166	5. If an order of a court which has become final 105
167	167	determines that a person did not comply with this subsection, 106
168	168	the person may not be qualified as a candidate for election and 107
169	169	his or her name may not appear on the ballot. 108
170	170	Section 2. Paragraph (a) of subsection (2) of section 109
171	171	106.11, Florida Statutes, is amended to read: 110
172	172	106.11 Expenses of and expenditures by candidates and 111
173	173	political committees. —Each candidate and each political 112
174	174	committee which designates a pr imary campaign depository 113
175	175	pursuant to s. 106.021(1) shall make expenditures from funds on 114
176	176	deposit in such primary campaign depository only in the 115
177	177	following manner, with the exception of expenditures made from 116
178	178	petty cash funds provided by s. 106.12: 117
179	179	(2)(a) For purposes of this section, debit cards are 118
180	180	considered bank checks , if: 119
181	181	1. Debit cards are obtained from the same bank that has 120
182	182	been designated as the candidate's or political committee's 121
183	183	primary campaign depository. 122
184	184	2. Debit cards are issued in th e name of the treasurer, 123
185	185	deputy treasurer, or authorized user and contain the name of the 124
186	186	campaign account of the candidate or political committee. 125
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199	199	3. No more than three debit cards are requested and 126
200	200	issued. 127
201	201	4. The person using the debit card does not receive cash 128
202	202	as part of, or independent of, any transaction for goods or 129
203	203	services. 130
204	204	5. All receipts for debit card transactions contain: 131
205	205	a. The last four digits of the debit card number. 132
206	206	b. The exact amount of the expenditure. 133
207	207	c. The name of the pay ee. 134
208	208	d. The signature of the campaign treasurer, deputy 135
209	209	treasurer, or authorized user if the receipt has a place for the 136
210	210	signature of the campaign treasurer, deputy treasurer, or 137
211	211	authorized user. 138
212	212	e. The exact purpose for which the expenditure is 139
213	213	authorized. 140
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215	215	Any information required by this subparagraph but not included 142
216	216	on the debit card transaction receipt may be handwritten on, or 143
217	217	attached to, the receipt by the authorized user before 144
218	218	submission to the treasurer. 145
219	219	Section 3. This act shall take effe ct July 1, 2025. 146