Florida 2025 Regular Session

Florida House Bill H1249 Compare Versions

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

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3	3	HB 1249 2025
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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 elections; amending s. 99.061, 2
16	16	F.S.; revising the list of required items that must be 3
17	17	received by a specified officer for nomination and 4
18	18	election qualification; authorizing a candidate to be 5
19	19	removed from the ballot in certain circumstanc es; 6
20	20	providing a method to challenge the contents of 7
21	21	certain forms and statements; providing requirements 8
22	22	for certain candidates to qualify for office; 9
23	23	requiring the Department of State to adopt rules for 10
24	24	certain procedures and a required form; requiring th e 11
25	25	withdrawal of certain candidates in specified 12
26	26	circumstances; providing the exclusive method of 13
27	27	withdrawal; prohibiting a qualifying officer from 14
28	28	accepting certain items outside of a specified period; 15
29	29	declaring that any papers or items accepted after the 16
30	30	deadline are not valid and that the candidate must be 17
31	31	disqualified; providing a method for challenging the 18
32	32	qualification for certain candidates; specifying 19
33	33	procedures for bringing an action in circuit court, 20
34	34	the filing of responses and scheduling of procee dings; 21
35	35	amending s. 101.69, F.S.; revising where secure ballot 22
36	36	intake stations may be placed and when they may be 23
37	37	accessed; amending s. 103.081, F.S.; revising who is 24
38	38	required to give approval and permission to use names, 25
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40	40	HB 1249 2025
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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
48	48
49	49
50	50
51	51	abbreviations, and symbols of polit ical parties; 26
52	52	authorizing a political party to adopt certain rules; 27
53	53	revising requirements for an exception; amending s. 28
54	54	103.121, F.S.; revising powers and duties of executive 29
55	55	committees; providing for retroactive application; 30
56	56	amending s. 106.1436, F.S.; re vising the definition of 31
57	57	the term "voter guide"; revising who may represent 32
58	58	that a voter guide is the official publication of a 33
59	59	political party; revising required disclaimers on 34
60	60	voter guides; prohibiting voter guides from advocating 35
61	61	for a candidate unless certain conditions are met; 36
62	62	providing that certain voter guides are an in -kind 37
63	63	contribution and should be valued in a certain manner; 38
64	64	providing an exception; increasing the maximum fine 39
65	65	amount for a certain violation; providing an effective 40
66	66	date. 41
67	67	42
68	68	Be It Enacted by the Legislature of the State of Florida: 43
69	69	44
70	70	Section 1. Present subsection (11) of section 99.061, 45
71	71	Florida Statutes, is redesignated as subsection (12), paragraph 46
72	72	(d) is added to subsection (7), a new subsection (11) and 47
73	73	subsection (13) are added to that section, and paragraph (a) of 48
74	74	subsection (7) of that section is amended, to read: 49
75	75	99.061 Method of qualifying for nomination or election to 50
76	76
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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
85	85
86	86
87	87
88	88	federal, state, county, or district office. — 51
89	89	(7)(a) In order for a candidate to be qualified, the 52
90	90	following items must be received by the filing officer by the 53
91	91	end of the qualifying period: 54
92	92	1. A properly executed check drawn upon the candidate's 55
93	93	campaign account for the office the candidate is qualifying for, 56
94	94	payable to the person or entity as presc ribed by the filing 57
95	95	officer in an amount not less than the fee required by s. 58
96	96	99.092, unless the candidate obtained the required number of 59
97	97	signatures on petitions pursuant to s. 99.095. The filing fee 60
98	98	for a special district candidate is not required to be drawn 61
99	99	upon the candidate's campaign account. If a candidate's check is 62
100	100	returned by the bank for any reason, the filing officer shall 63
101	101	immediately notify the candidate and the candidate shall have 64
102	102	until the end of qualifying to pay the fee with a cashier's 65
103	103	check purchased from funds of the campaign account. Failure to 66
104	104	pay the fee as provided in this subparagraph shall disqualify 67
105	105	the candidate. 68
106	106	2. The candidate's oath required by s. 99.021, which must 69
107	107	contain the name of the candidate as it is to appear on t he 70
108	108	ballot; the office sought, including the district or group 71
109	109	number if applicable; and the signature of the candidate, which 72
110	110	must be verified under oath or affirmation pursuant to s. 73
111	111	92.525(1)(a). 74
112	112	3. If the office sought is partisan, the written stateme nt 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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123	123
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125	125	of political party affiliation required by s. 99.021(1)(b); or 76
126	126	if the candidate is running without party affiliation for a 77
127	127	partisan office, the written statement required by s. 78
128	128	99.021(1)(c). If an order of a court that has become final 79
129	129	determines that a candidate failed to file an accurate written 80
130	130	statement as provided in this subparagraph, the candidate shall 81
131	131	be disqualified and removed from the ballot. 82
132	132	4. The completed form for the appointment of campaign 83
133	133	treasurer and designation of campaign deposit ory, as required by 84
134	134	s. 106.021. The contents of the form required under this 85
135	135	subparagraph may only be challenged by filing a complaint with 86
136	136	the Florida Elections Commission. 87
137	137	5. The full and public disclosure or statement of 88
138	138	financial interests required b y subsection (5). A public officer 89
139	139	who has filed the full and public disclosure or statement of 90
140	140	financial interests with the Commission on Ethics before 91
141	141	qualifying for office may file a copy of that disclosure or a 92
142	142	verification or receipt of electronic fil ing as provided in 93
143	143	subsection (5) at the time of qualifying. The contents of the 94
144	144	disclosure or statement required under this subparagraph may 95
145	145	only be challenged by filing a complaint with the Commission on 96
146	146	Ethics. 97
147	147	(d) As a condition precedent to a candid ate filing or 98
148	148	qualifying for another office, the candidate must withdraw from 99
149	149	the first office by filing a form with the qualifying officer. 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	The department shall adopt procedures to administer this 101
163	163	paragraph, including the development of the form. The form and 102
164	164	rules developed by the department are the exclusive method for 103
165	165	withdrawal from office under this paragraph, and any other 104
166	166	attempted method of withdrawal may not be considered valid. A 105
167	167	qualifying officer may not qualify a candidate for another 106
168	168	office if the candidate has failed to properly withdraw from the 107
169	169	first office as provided in this paragraph. 108
170	170	(11) The qualifying officer may not accept any qualifying 109
171	171	papers or any items required under this section after the 110
172	172	qualifying period has ended. Any qual ifying papers or items 111
173	173	accepted by the qualifying officer after the qualifying period 112
174	174	has ended are not valid and the candidate must be disqualified. 113
175	175	(13)(a) A candidate may challenge the validity of his or 114
176	176	her opponent's qualification under this section . A political 115
177	177	party may challenge the validity of any candidate's 116
178	178	qualification under this section. 117
179	179	(b) A complainant may bring an action for declaratory and 118
180	180	injunctive relief with the circuit court in a county where the 119
181	181	alleged violation occurred within 10 days after the qualifying 120
182	182	period has ended. 121
183	183	(c) The candidate whose validity is being challenged and 122
184	184	the qualifying officer are indispensable party defendants. 123
185	185	(d) Within 10 days after the complaint has been served, 124
186	186	each named defendant must file a response. If the candidate 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	whose validity is being challenged fails to file a timely 126
200	200	response, the court must disqualify the candidate and order the 127
201	201	candidate removed from the ballot, absent a showing of good 128
202	202	cause for the delay. 129
203	203	(e) Unless a scheduling order has been issued by the 130
204	204	court, the parties must file at least one proposed scheduling 131
205	205	order with the court within 10 days after the complaint has been 132
206	206	served. 133
207	207	(f) A matter brought under this subsection and any appeals 134
208	208	shall be considered on an expedited basis that will be least 135
209	209	disruptive to the upcoming election. 136
210	210	Section 2. Paragraph (a) of subsection (2) of section 137
211	211	101.69, Florida Statutes, is amended to r ead: 138
212	212	101.69 Voting in person; return of vote -by-mail ballot.— 139
213	213	(2)(a) The supervisor shall allow an elector who has 140
214	214	received a vote-by-mail ballot to physically return a voted 141
215	215	vote-by-mail ballot to the supervisor by placing the return mail 142
216	216	envelope containing his or her marked ballot in a secure ballot 143
217	217	intake station. Secure ballot intake stations shall be placed at 144
218	218	the main office of the supervisor, at each permanent branch 145
219	219	office of the supervisor which meets the criteria set forth in 146
220	220	s. 101.657(1)(a) for branch offices used for early voting and 147
221	221	which is open for at least the minimum number of hours 148
222	222	prescribed by s. 98.015(4), and at each early voting site. 149
223	223	Secure ballot intake stations may also be placed at any other 150
224	224
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232	232	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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234	234
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236	236	site that would otherwise qualify as an early voting site under 151
237	237	s. 101.657(1). Secure ballot intake stations must be 152
238	238	geographically located so as to provide all voters in the county 153
239	239	with an equal opportunity to cast a ballot, insofar as is 154
240	240	practicable. Except for secure ballot intake stati ons at an 155
241	241	office of the supervisor, a secure ballot intake station may 156
242	242	only be used during the county's early voting hours of operation 157
243	243	and must be monitored in person by an employee of the 158
244	244	supervisor's office. A secure ballot intake station at an office 159
245	245	of the supervisor may only be made available during early voting 160
246	246	hours or during normal office hours and must be continuously 161
247	247	monitored in person by an employee of the supervisor's office 162
248	248	when the secure ballot intake station is accessible for deposit 163
249	249	of ballots. 164
250	250	Section 3. Section 103.081, Florida Statutes, is amended 165
251	251	to read: 166
252	252	103.081 Use of party name , abbreviation, or symbol ; 167
253	253	political advertising. — 168
254	254	(1) No person shall use any the name, abbreviation, or 169
255	255	symbol of any political party, the name, abb reviation, or symbol 170
256	256	of which is filed with the Department of State, in political 171
257	257	advertising in newspapers, other publications, handbills, radio 172
258	258	or television, or any other form of advertising in connection 173
259	259	with any political activities in support of a ca ndidate of any 174
260	260	other party, unless such person shall first obtain the written 175
261	261
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269	269	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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273	273	permission of the chair of the state executive committee of the 176
274	274	party the name, abbreviation, or symbol of which is to be used. 177
275	275	(2) No person or group of persons shall use any the name, 178
276	276	abbreviation, or symbol of any political party, the name, 179
277	277	abbreviation, or symbol of which is filed with the Department of 180
278	278	State, in connection with any club, group, association, or 181
279	279	organization of any kind unless approval and permission have 182
280	280	been given in writing by the chair of the state executive 183
281	281	committee of such party. A political party may provide by rule a 184
282	282	process for requesting approval and permission under this 185
283	283	subsection. This subsection shall not apply to county executive 186
284	284	committees of such parties and organizations which are chartered 187
285	285	by the state executive committee or national executive committee 188
286	286	of the party the name, abbreviation, or symbol of which is to be 189
287	287	used, or to organizations which at the time of the political 190
288	288	party filing the name with the Department of State have been 191
289	289	continuously using the name of any political party which 192
290	290	organizations have and have continuously been in existence and 193
291	291	organized on a statewide basis for a period of 10 years. 194
292	292	(3) A political party may file with the Department of 195
293	293	State names of groups or committees associated with the 196
294	294	political party for which approval and permission have been 197
295	295	given under this section . Such Filed names of groups or 198
296	296	committees associated with the political party may not be used 199
297	297	without first obtaining the written permission of the chair of 200
298	298
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306	306	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
307	307
308	308
309	309
310	310	the state executive committee of the party. 201
311	311	(4) Notwithstanding any other provision of law to the 202
312	312	contrary, an affiliated party committee shall be entitled to use 203
313	313	any the name, abbreviation, or symbol of the political party of 204
314	314	its leader as defined in s. 103.092. 205
315	315	Section 4. Paragraph (a) of subsection (1) of section 206
316	316	103.121, Florida Statutes, is amended to read: 207
317	317	103.121 Powers and duties of executive committees. — 208
318	318	(1)(a) Each state a nd county executive committee of a 209
319	319	political party shall have the power and duty: 210
320	320	1. To adopt a constitution by two -thirds vote of the full 211
321	321	committee. 212
322	322	2. To adopt such bylaws and rules as it may deem necessary 213
323	323	by majority vote of the full committee. 214
324	324	3. To conduct its meetings according to generally accepted 215
325	325	parliamentary practice. 216
326	326	4. To make party nomination when required by law. 217
327	327	5. To conduct campaigns for party nominees. 218
328	328	6. To raise and expend party funds. Such funds may not be 219
329	329	expended or committed to be expended except after written 220
330	330	authorization by the chair of the state or county executive 221
331	331	committee. 222
332	332	7. To sue and be sued and appear and defend in all actions 223
333	333	and proceedings in its party name to the same extent as a 224
334	334	natural person. 225
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343	343	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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347	347	8. To make contracts and guaranties, incur liabilities, 226
348	348	borrow money at such rates of interest as the party may 227
349	349	determine, issue its notes, bonds, and other obligations, and 228
350	350	secure its obligations by mortgage and pledge of all or any of 229
351	351	its property, franchises , or income. 230
352	352	9. To purchase, take, receive, lease, take by gift, 231
353	353	devise, or bequest, or otherwise acquire, own, hold improve, 232
354	354	use, or otherwise deal in and with real or personal property, or 233
355	355	any interest therein, wherever situated. 234
356	356	10. To acquire, enjo y, use, and dispose of patents, 235
357	357	copyrights, and trademarks and any licenses and other rights or 236
358	358	interest thereunder or therein. 237
359	359	11. To sell, convey, mortgage, pledge, lease, exchange, 238
360	360	transfer, or otherwise dispose of all or any part of its 239
361	361	property and assets. 240
362	362	12. To have and exercise all powers necessary or 241
363	363	convenient to effect any and all the purposes for which the 242
364	364	party is organized. 243
365	365	Section 5. The amendments made by this act to s. 103.121, 244
366	366	Florida Statutes, apply to all proceedings pending on o r before, 245
367	367	or commenced after, the effective date of this act. 246
368	368	Section 6. Section 106.1436, Florida Statutes, is amended 247
369	369	to read: 248
370	370	106.1436 Voter guide; disclaimers; violations. — 249
371	371	(1) As used in this section, the term "voter guide" means 250
372	372
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380	380	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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384	384	direct mail that is either an electioneering communication , or a 251
385	385	political advertisement , or a miscellaneous advertisement of a 252
386	386	political nature distributed sent for the purpose of supporting 253
387	387	or opposing two or more advocating for or endorsing particular 254
388	388	issues or candidates by recommending or not recommending 255
389	389	specific electoral choices to the voter or by indicating issue 256
390	390	or candidate selections on an unofficial ballot. The term does 257
391	391	not include communications apply to direct mail or publications 258
392	392	made by governmental e ntities or government officials in their 259
393	393	official capacity or to any political advertisement using an 260
394	394	expenditure described in s. 106.021(3)(d) . 261
395	395	(2) A person other than the state executive committee or a 262
396	396	county executive committee of a political party or an affiliated 263
397	397	party committee may not, directly or indirectly, represent that 264
398	398	a voter guide is an official publication of a political party 265
399	399	unless such person is given written permission by the chair of 266
400	400	the state executive committee of the political party and the 267
401	401	voter guide is approved by the political party pursuant to s. 268
402	402	103.081. 269
403	403	(3)(a) In addition to any other disclaimers required by 270
404	404	law, a voter guide distributed circulated before, or on the day 271
405	405	of, an election must , in bold font with a font size of at least 272
406	406	12 points, prominently: 273
407	407	(a) Display the following disclaimer at the top of the 274
408	408	first page of the voter guide : 275
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417	417	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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421	421	1. If the voter guide is not approved by a political party 276
422	422	or affiliated party committee: "Voter guide approved by ...(Name 277
423	423	of person paying for communication)...., not affiliated with any 278
424	424	political party." an electioneering communication, the 279
425	425	disclaimer required under s. 106.1439 ; or 280
426	426	2. If the voter guide is approved by a political party or 281
427	427	affiliated party committee, the following disclaimer: "Voter 282
428	428	guide approved by ...(Name of the political party or affiliated 283
429	429	party committee)...." a political advertisement, the disclaimer 284
430	430	required under s. 106.143 . 285
431	431	(b)1. For a printed communication, the voter guide 286
432	432	disclaimer must appear at the top of the first page of the 287
433	433	communication in boldface type of at least 12 points and with a 288
434	434	reasonable degree of color contrast between the background and 289
435	435	the disclaimer. 290
436	436	2. For a text message, if an exchange consists of a 291
437	437	sequence of multiple text mess ages sent on the same day, the 292
438	438	voter guide disclaimer is only required to be included with the 293
439	439	first text message of the day. The disclaimer may be in the form 294
440	440	of a working hyperlink or a uniform resource locator to a 295
441	441	website containing the disclaimer. Suc h website must remain 296
442	442	online and available to the public for at least 30 days after 297
443	443	the election for which the website was created. 298
444	444	3. For a television or video communication, the voter 299
445	445	guide disclaimer must be clearly readable, appear at the 300
446	446
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454	454	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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458	458	beginning or end of the communication for a period of at least 4 301
459	459	seconds, occupy at least 4 percent of the vertical picture 302
460	460	height, and be accompanied by an audio statement of the 303
461	461	disclaimer spoken in a clearly audible and intelligible manner. 304
462	462	4. For an Internet pu blic communication that includes text 305
463	463	or graphic components, the voter guide disclaimer must be 306
464	464	viewable without the user taking any action and be large enough 307
465	465	to be clearly readable. 308
466	466	5. For a telephone call, the voter guide disclaimer be 309
467	467	read aloud at the beginning or end of the telephone call in a 310
468	468	clearly audible manner. 311
469	469	6. For any audio component of a communication, the voter 312
470	470	guide disclaimer appear at the beginning or end of the of the 313
471	471	audio portion of the communication, be at least 3 seconds in 314
472	472	length, and be read aloud in a clearly audible and intelligible 315
473	473	manner. 316
474	474	7. For a graphic communication, the voter guide disclaimer 317
475	475	must appear at the top of the graphic, be large enough to be 318
476	476	clearly readable, and be at least 4 percent of the vertical 319
477	477	height of the communication Be marked "Voter Guide" with such 320
478	478	text appearing immediately below the disclaimer required in 321
479	479	paragraph (a). 322
480	480	(4) Any voter guide which expressly advocates for a 323
481	481	candidate requires prior written authorization by such 324
482	482	candidate. A copy of such written authorization must be placed 325
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491	491	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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495	495	on file with the qualifying officer by the candidate before the 326
496	496	voter guide is distri buted. A voter guide under this section is 327
497	497	an in-kind contribution to the candidate under s. 106.055, and 328
498	498	should be valued in consideration of the percentage of the voter 329
499	499	guide devoted to the candidate. This subsection does not apply 330
500	500	to a voter guide paid for by an independent expenditure. 331
501	501	(5)(4)(a) In addition to any other penalties provided by 332
502	502	law, a person who fails to comply with this section commits a 333
503	503	misdemeanor of the first degree, punishable as provided in s. 334
504	504	775.082 or by a fine of not less than $25 for each individual 335
505	505	voter guide distributed. 336
506	506	(b) Any fine imposed pursuant to paragraph (a) may not 337
507	507	exceed $10,000 $2,500 in the aggregate in any calendar month. 338
508	508	Section 7. This act shall take effect upon becoming a law. 339