Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103

CHAPTER 103

PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITTEES AND MEMBERS

103.011

103.021 103.041

103.051

103.061

103.062

103.071 103.081

Electors of president and vice-presi­dent.

Nomination for presidential electors. Presidential electors to receive certifi­

cate of election. Congress sets meeting dates of elec­

tors. Meeting of electors and filling of va­

cancies. Plurality of votes to fill vacancy; pro­

ceeding in case of tie. Compensation of electors. Use of party name; political adver­

tising.

103.011 Electors of president and vice-presi­dent.-Electors of president and vice-president, known as presidential electors, are elected on the first Tuesday after the first Monday in No­vember. 1908, and on the same day thereafter every four years. Votes cast for the actual can­didate for president or vice-president, whose names appear on the general election ballot, are counted as votes cast for the presidential electors of the party supporting such candidate. The department of state shall certify as elected the presidential electors of the party whose can­didates for president and vice-president re­ceived the greatest number of votes.

History.-H2, 3, ch. 3879. 1889; RS 157; H . ch. 4328, 1895; §3, ch. 4537. 1897; GS 174; RGS 218: CGL 253; §2, ch . 25383, 1949; §7. ch. 26870, 1951; §§10, 35, ch. 69-106 .

Note.-Formerty ~98.07.

103.021 Nomination for presidential elec­tors.-Candidates for presidential electors are nominated in the following manner:

(1) The governor shall nominate the presi­dential electors of all political parties who have elected a president of the United States subsequent to January 1, 1900. He shall nomi­nate only the electors recommended by the state executive committee of the respective po­litical parties. Said electors shall be qualified electors of the party they represent who have taken an oath that they will vote for the candi­date of the party that they are nominated to represent. The governor shall certify to the department of state on or before September 1, in a presidential election year, the names of a number of electors for each political party equal to the number of senators and represen­tatives which this state has in congress.

(2) The names of the electors are not printed on the general election ballot, but the names of the actual candidates for president and vice-president for whom the electors will vote if elected are printed on the ballot in the order in which the party of which the candidate is a nominee polled the greatest number of votes for governor in the last general election.

(3) Minor political parties which have not elected a president of the United States since January 1, 1900, may have the names of their

401

103.091 103.101 103.102

103.111

103.121

103.131

103.141

103.151

Minority political party. Presidential preference primary. Committeemen and committeewomen;

expenses. State and county executive commit­

tees. Powers and duties of executive com­

mittees. Political party offices deemed vacant

in certain cases. Removal of county executive commit­

tee member for violation of oath. Removal of state executive committee

member for violation of oath.

candidates for president and vice-president printed on the general election ballots if a petition is signed by one percent of the reg­istered electors of Florida, as shown by the compilation by the department of state for the last preceding general election. A separate pe­tition shall be submitted from each county from which signatures are solicited. Said pe­tition shall be submitted to the supervisor of elections of the respective county no later than August 15 or thirty-five days prior to the date of the first primary, whichever shall come later, of each presidential election year. The super­visor shall check the names and shall, on or before September 1 or the date of the ·first pri­mary, whichever shall come later, certify the number shown as registered electors of said county, and said supervisor shall be paid by the person requesting the certification the sum of ten cents for each name checked. The super­visor shall then forward the petition, with his certificate attached, to the department of state which shall determine whether or not the per­centage factor as required herein has been met. When the percentage factor as required herein has been met, the department of state shall order the names of the candidates petitioned to be included on the ballot and to permit the required number of persons to be certified as electors in the case of major party candidates.

(4) Minority political parties which have met the petitioning requirements of §101.261, and will have the names of a candidate or can­didates for state office printed on the general election ballot, and are affiliated with a na­tional party holding a national convention to nominate candidates for president and vice­president of the United States may have the names of their candidates for president and vice-president of the United States printed on the general election ballot by filing with the department of state a certificate naming the candidates for president and vice-president and listing the required number of persons to serve as electors. Notification to the department of state under this subsection must be made within fifteen days after the minority political parties have been notified by the department of state

Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103

that they have secured positions on the gen­eral election ballot as provided in §101.261. When the department of state has been s.o notified it shall order the names of the candi­dates petitioned to be included on the ballot and to permit the required number of pers~ns to be certified as electors in the case of maJOr party candidates. .

(5) When, for any rea~on a pers~m nomi­nated or elected a presidential elector, IS unable to serve because of death, incapacity, or other­wise, the governor may appoint a pers~m to. fill such vacancy who possesses the qualificatiOns whereby he could have been nominated . in the first instance. Such person shall file with the governor an oath that he :-viii su~port the can­didate for president and vice-president t?at the person who is unable to serve was committed to support.

Hlstory.-11. ch. 25143, 1949; §7, ch . 26870, 1951; §1, ch. 61-364; 11. ch. 67-353; 1110, 35, ch. 69-106; 1§7, 8, ch. 70-269; 11. ch. 70-439.

Note.-Former1y 1102.011.

103 041 Presidential electors to receive cer­tificaie of election.-When any person is elected to the office of presidential elector or repre­sentative in congress the governor shall make out, sign and seal with the seal ?f the stat~, and transmit to such person a certificate of h1s election.

Hlstory.-§37, ch. 3879, 1889; RS 191; 168, ch. 4328, 1895; OS 252; ROS 296; COL 352 ; 17, ch. 26870, 1951.

Note.-Formerly §99.53.

103.051 Congress sets meeting dates of elec­tors.-The presidential electors shall, at 12 o'clock on the day which is directed by con­gress, meet at Tallahassee and perfo.rm ~he du­ties enjoined upon them by the constitutiOn and laws of the United States.

History.- §6, ch . 71 , 1847; RS 204; GS 288; RGS 384; CGL 449; §7, ch. 26870. 1951.

Note.-Formerly ~ 105.01.

103.061 Meeting of electors and filling of vacancies.-Each presidential elector, shall, be­fore the hour of 12 o'clock on the day preceding the day fixed by congress to elect a president and vice-president, give notice to the governor that he is in Tallahassee, and ready to perform the duties of elector. The governor shall forth­with deliver to the electors present a certificate of the names of all the electors; and if on examination thereof, it should be found that one or more electors are absent, and shall fail to appear before 10 o'clock in the morning of the day of election of president and vice-president, the electors present shall elect by ballot, in the presence of the governor, a person or persons to fill such vacancy or vacancies as may have occurred through. the nonattendance of one or more of the electors.

History.- §8. ch. 71, 1847; RS 206; GS 290; RGS :!86; CGL 451; §7. ch. 26870, 1951.

Note.-Formerly ~ 105.03.

103-062 Plurality of votes to fill vacancy; proceeding in case of tie.-If any more than the number of persons required to fill the vacancy as provided by ~ 103.061 shall have the greatest

and an equal number of votes, then the eleption of those having such equal and highest number of votes is determined by lot drawn by the governor in the presence of the electors attend­ing; otherwise, they, to the number required, having the greatest number of votes, are con­sidered elected to fill the vacancy.

Hlstory.-§7, ch. 26870, 1951; §2, ch . 67-353. Note.-Formerly U03 .031.

103.071 Compensation of electors.-Each presidential elector attending as such in Talla­hassee shall be reimbursed for his traveling ex­penses as provided in §112.061, from his place of residence to Tallahassee and return. Such expenses shall be paid upon approval of the governor. The amounts necessary to meet the requirements of this section shall be included in the legislative budget request of the gov­ernor. If the amounts appropriated for this pur­pose are insufficient the department of admin­istration may release the necessary amounts from the deficiency appropriation.

Hlstory.-§12, ch. 71 , 1847; RS 210; OS 294; ROS 390; COL 455 ; §17, chs . 26869, 26870, 1951; §1, ch. 61-32; §6, cb. 63-400; §§2, 3. ch. 67-371 ; §§31, 35, ch . 69-106.

Note.-Formerly §105.07.

103.081 Use of party name; political ad­vertising.-

(1) No person shall use the name of any political party, the name of which is filed with the department of state or a clerk of the cir­cuit court, or any abbreviated form thereof, in political advertising in newspapers, other pub­lications, handbills, radio or television, or any other form of advertising in connection with any political activities in support of a candi­date of any other party, unless such person shall first obtain the written permission of the chairman of the state executive committee of the party with which such person is so affili­ated.

(2 ) No person, or group of persons, shall use the name of any political party, the name of which is so filed with the department of state or a clerk of circuit court in full or ab­breviated form, in connection with any club, group, association, or organization of any kind unless approval and permission have been given in written form by the state executive committee of such party. Specifically excluded from this provision are county executive com­mittees of such parties and organizations which are chartered by the national executive committee of the party concerned. Provided further that organizations using the name of any political party and which have been in existence for a period of ten years and or­ganized for such period on a statewide basis are also specifically excluded from this provi-sion.

History . -!6, ch. 6469, 1913; ROS 304; COL 360 ; !7, ch. 26870, 1951; ! 26, ch . 29934, 1955 ; §1 . ch. 57-202; §1 . ch . 61-424; §3, ch. 67-353; §§10, 35, ch . 69-106 .

Note.- Formerly §102.06.

103.091 Minority political party.-(1) A minority political party may provide

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Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103

for the selection of its state executive commit­tee in such manner as it deems proper.

(2) The state executive committee of mi­nority political party may by resolution provide a method of election of national committeemen, national committeewomen and nomination of presidential electors if such party is entitled to a place on the ballot as otherwise provided for presidential electors, and may provide also for the election of delegates and alternates of national conventions.

History.-§§1-2A, ch. 22039, 1943; §§1-3, ch. 22678, 1945; n. ch. 26870, 1951.

Note.-Formerly 1102.71.

103.101 Presidential preference primary.­(1) This section shall be known and may

be cited as the Florida Presidential Preference Primary Law.

(2) Each political party which had cast for its candidate for president and vice-presi­dent in the last election more than 10 percent of the total vote cast for president and vice­president in the state, and with which 10 per­cent of the total registered electors have reg­istered by February 1, of each general election year, shall elect on the second Tuesday in March in 1972, and on the second Tuesday in March every four years thereafter, one person to be the candidate for nomination by his party for president of the United States. Each elector of such party may vote his pref­erence for one person to be the candidate for nomination by his party for president.

(3) (a) The name of any candidate for a political party nomination for President of the United States shall be printed on the ballots upon the direction of a presidential candidate selection committee composed of a nonvoting chairman who shall be the secretary of state, the speaker of the house of representatives, the president of the senate, the minority leaders of both the house and senate, and the chairmen of political parties required to have a presi­dential preference primary under this section, or their respective designees. The secretary of state, during the second week in January each year a presidential preference primary is held, shall prepare and publish a list of names of presidential candidates who are generally ad­vocated or recognized in news media throughout the United States or in the state. The sec­retary of state shall submit such list of names of presidential candidates to the selection committee during the second week in January each year a presidential preference primary election is held. Each person designated by the secretary of state as a presidential candidate shall appear on the presidential preference primary ballot unless all committee members of the same political party as the candidate agree to delete such candidate's name from the ballot. The selection committee shall meet in Tallahassee during the third week in January each year a presidential preference

primary is held, on a date publicly announced by the chairman. The selection committee shall publicly announce and submit the names of presidential candidates who shall appear on the presidential primary ballot to the department of state no later than January 20 each year a presidential preference primary election is held. Not later than February 1, the department of state shall notify each presidential candidate designated by the committee. Such notifica­tion shall be in writing by registered mail with return receipt requested.

(b) Any presidential candidate whose name is not selected by the secretary of state or whose name is deleted by the selection committee may request in writing to the chairman of the selection committee prior to February 10 each year a presidential preference primary election is held, that his name be placed on the ballot. No earlier than Feb­ruary 10, or later than February 15, the secre­tary of state shall convene the committee to consider such requests. If any member of the selection committee of the same political party as the candidate requests that such candidate's name be placed on the ballot, the committee shall direct the department of state to place the candidate's name on the ballot. Within five days after such meeting, the department of state shall notify the presiden­tial candidate that his name will appear on the ballot.

( 4) A candidate's name shall be printed on the Florida presidential preference primary ballot unless he submits to the department of state by noon February 15 in each year a pres­idential preference primary is held an af­fidavit stating without qualification that he is not now, and does not presently intend to become, a candidate for president at the up­coming nominating convention. If a candidate withdraws pursuant to this section, the department of state shall notify the state ex­ecutive committee that the candidate's name will not be placed on the ballot.

(5) The names of candidates for political party nominations for President of the United States shall be printed on official ballots for the presidential preference primary elections and shall be marked, counted, canvassed, returned, and proclaimed in the same manner and under the same conditions, so far as the same are applicable, as other state elections.

(6) Not later than noon on March 1 each year that a presidential preference primary is held, each presidential candidate whose name has been selected to be placed on the ballot may submit to the department of state a list of delegates and delegate alternates. The state executive committee of each party, by rule at least ninety days prior to the pres­idential preference primary election, shall establish procedures to be followed in the selection of delegates and delegate alternates from among each candidate's supporters.

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I-> 7 V'Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103

(a) The department of state shall make lists of delegates and delegate alternates avail­able to the public at accessible places within each congressional district and at times as may reasonably M determined.

(b) If a presidential candidate fails to submit a list of delegates by noon on March 1 and by virtue of the vote of the presidential preference primary becomes entitled to dele­gates and delegate alternates, such candidate shall have delegates and delegate alternates elected from among the candidate's supporters according to party rule. The state executive committee of each party, at least ninety days prior to the primary election, shall adopt rules for such contingency.

(7) Any person selected as a delegate or delegate alternate to the national convention shall file a qualification oath with the depart­ment of state, pledging support at the conven­tion to the candidate of his party for the office of President of the United States that he was selected to support. The oath shall state that the delegate or delegate alternate affirms to support such candidate until the candidate is either nominated by such convention or receives less than 35 percent of the votes for nomination by such convention during any balloting, or until the candidate releases the delegates from such pledge and any other oath as prescribed by the department of state. No delegate shall be required to vote for such candidate after two convention nominating ballots have been taken.

(8) Any delegate to a national convention whose presidential candidate withdraws after being entitled to delegate votes pursuant to this section shall be an unpledged delegate to the national convention.

(9) The state executive committee of each party shall determine when persons interested in becoming a delegate or delegate alternate must file their qualification oath.

(10) The state executive committee of each party shall determine the method and procedures by which delegates and delegate alternates. are selected and adopt any other rule not inconsistent with the provisions of the presidential preference primary law. A copy of any rule or regulation adopted by the execu­tive committee shall be sent to the department of state within seven days after its adoption to become a public record.

(11) The state executive committee of each party, by rule adopted at least ninety days prior to the presidential preference pri­mary election, shall determine the number of delegates and delegate alternates that may be elected from the state at large by the executive committee of the party and from each congres­sional district. At least 66 2/ 3 percent of all delegates shall be elected from congressional districts. At least two delegates shall be elect­ed by the state executive committee of the parties; but no more than 10 percent of all

404

delegates may be elected by the state execu­tive committee of the party. The remainder of the delegates shall be elected from the state at large. The presidential candidate receiving the highest number of votes in any congres­sional district shall receive all delegate votes from such congressional district. The presi­dential candidate receiving the highest number of statewide votes shall receive all statewide delegate votes and all votes of delegates chosen by the state executive committee of the candidate's party.

(12) The department of state shall place the candidates' names on the ballot in alphabetical order. The ballot as prescribed in this section shall be used.

(13) The form of the presidential pref­erence primary ballot shall be as follows, the heading, office and candidates shown being sufficient to demonstrate the form required: OFFICIAL PRESIDENTIAL PREFERENCE

PRIMARY BALLOT No. __________________________ Initials of Issuing Official _________ _ _________________________ Party -----------------------------------------------------Stub No.1

Signature of elector

OFFICIAL PRESIDENTIAL PREFERENCE PRIMARY BALLOT

No. ________________________ .Initials of Issuing Official ________ _ __________________________ Party -------------------------------------------------------Stub No. 2

OFFICIAL PRESIDENTIAL PREFERENCE PRIMARY BALLOT

-----------------------------------------------------------------------------Party Date -------------------------------------------------------------------------­----------------------------------------------------------------------------County

Precinct No. -------------------------------------------------------------------

Place a cross (X) in the circle beneath the name of the presidential candidate for whom you wish to vote.

JOHN GREEN For President

0 JAMES BROWN

For President

0 (14) National committeemen and com­

mitteewomen of any political party required to have a primary under this section shall be elected by the state executive committee according to party rules.

Hlstory.-§3, ch . 6469, 1913 ; RGS 301; CGL 357; ¥§1-3, ch. 22058, 1943; §1, ch. 22729, 1945; U, ch. 25235, 1949; •7. ch. 26870, 1951; §1 , ch . 299<7, 1955; §4, ch. 67-353; 1110, 35, ch. 6!H06; §2, ch. 71·236.

Note.-Formerly 11102.03, 102.72. cf.-§1.01 Defines registered mail to include certified mail with

return receipt requested.

Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103

103.102 Committeemen and committee-women; expenses.-The state executive com­mittee of any political party may defray the ex­penses for per diem and mileage of the national committeeman and committeewoman of its party, incurred in connection with the official duties of such committeeman and committee­woman as members of the national committee of the party, on the same basis as such ex­penses of members of said state executive com­mittee are defrayed by such committee for attendance at regularly called meetings and the provisions of §112.061, or any amendment thereof, shall be inapplicable.

History.-11. ch. 57-81; f7, ch. 63·400.

103.111 State and county executive commit­tees.-

(1) The following committees shall consti­tute the executive or managing committees of each political party, namely: A county execu­tive committee and state executive committee; provided, that nothing herein contained shall prevent a political party from electing or ap­pointing other committees in accordance with its rules and practices. The state executive committee of each political party shall file with the department of state the name of the politi­cal party it was elected to manage and the name and address of its chairman, vice-chair­man, secretary and treasurer. The county ex­ecutive committee of each political party shall file with the clerk of the circuit court of its county the name of the political party it was elected to manage and the name and address of its chairman, vice-chairman, secretary and treasurer.

(2) Each political party of the state shall be represented by a state executive committee. County executive committees and other com­mittees may be established in accordance with rules of the state executive committee. The state executive committee of each party shall determine by rule the number of members and units of representation from which mem­bers of the state executive committee shall be elected or appointed and may provide for equal representation of the sexes in each unit. Unless otherwise provided by rule, the elected membership of such committee shall be com­posed of two members, one of each sex, from each county within the state. Each political party shall elect its state committee members in the first primary election in 1974. Each political party shall elect state executive com­mittee members on the second Tuesday in March in 1976 and the second Tuesday in March every four years thereafter. The executive committee of each party shall deter­mine when electors shall qualify for such office, except that electors shall not qualify earlier than forty-five days or later than thirty days preceding the election of such state ex­ecutive committee members. The results of such election shall be determined by plurality of the vote cast. When any such rule provides

for the election of equal representation of sexes from each county or other unit, the primary ballot shall carry such party position separately by sex. Whether such committee be constituted by a statute or rule, each member shall be a registered voter of the party within the unit of representation from which such member is elected or appointed, and each member shall be entitled to one vote.

(3)(a) The county executive committee of each political party shall consist of two members, a man and a woman, from each precinct or district who shall be called the precinct or district committeeman and com­mitteewoman, unless otherwise provided by party rule. Each political party shall elect its county executive committee members at the first primary election in 1974. Each political party shall elect county executive committee members on the . second Tuesday in March in 1976 and on the second Tuesday in March every four years thereafter. The executive committee of each party shall determine when electors shall qualify for such office, except that electors shall not qualify earlier than forty-five days or later than thirty days preceding the election of such county executive committee members. In precincts or districts where any political party has an official registration of more than one thousand qualified electors, an additional two members, a man and a woman, may be authorized for each political party in such pre­cincts or districts until changed by party rule. The resUlts of such election shall be deter­mined by plurality of the vote cast.

(b) The outgoing chairman of the coun­ty executive committee shall notify each mem­ber of the committee of the organizational meeting to be held at the county seat in ac­cordance with subsection (7). It shall be the responsibility of the outgoing chairman to open the meeting, and the first order of business shall be the election of the chairman and vice­chairman as set forth in the rules and bylaws as promulgated by the state executive com­mittee. Thereafter, the new chairman shall pre­side, and the agenda shall include the election of such other officers as may be necessary, the filling of any vacancies on the committee, and any other business which may appropriately come before the committee. .

(c) In the event of no election of commit­teemen or committeewomen, or of a vacancy occurring from any other cause in .any county executive committee, the county cha!rman sh~ll call a meeting of the county executive commit­tee by due notice to all members, and the va­cancy shall be filled by a majority vote of tho~e present at a meeting at which a quorum IS

present. Such vacancy shall be filled by. a. qull;l­ified resident member of the party residmg m the district where the vacancy occurred.

(d) In the event of no election or appoint­ment of a county committeeman or committee­woman or where such vacancy is not filled by the cou'nty executive committee or its chairman,

405

Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103

as herein provided, the chairman of the state executive committee of such party may fill such vacancy by appointment, after giving sixty days notice of his intention to do so to the county chairman by registered mail.

(e) No compensation or reimbursement for expenses shall be paid to county executive committee members for attending executive committee meetings.

(f) The chairman of each county executive committee of each political party shall, within fifteen days after taking office, file with the clerk of the circuit court of that county and the state chairman of his political party the name of the political party and the names and addresses of all officers and members of the committee.

(g) The clerks of the respective circuit courts shall be required to maintain a list of the elected members of county executive com­mittees of recognized political parties and shall within thirty days after the primary election in which said members are elected, send a copy of said list to the chairman of the state exec­utive committee of the political party to which said county committee member belongs. A county executive committee member shall not be deemed a member until his name has been filed with the clerk of the circuit court and the chairman of the state executive committee. The list maintained by the clerk of the circuit court shall constitute the official county execu­tive committee roster. The chairman of the county executive committees of recognized po­litical parties shall furnish to the clerks of the respective circuit courts a list of the vacancies filled by election or appointment within ten days after the election or appointment and shall likewise send the names of said ap­pointees to the chairman of the state executive committee of the political party to which said appointed executive committee member be­longs, and no such appointee to fill a vacancy shall be deemed a member of a county execu­tive committee until the pl'ovisions of this subsection shall have been complied with and until he has taken the oath as prescribed by subsection (4) and said oath has been filed with the clerk of the circuit court.

(h) The chairman of each county execu­tive committee shall, within ten days following each regular or special meeting of each county political party executive committee, furnish the chairman of the state executive committee of that party a copy of the minutes of such meet­ing. Provided, further, that the chairman of each county party executive committee shall furnish to the chairman of the state executive committee on October 1, 1968, and quarterly thereafter, a copy of the committee's financial report showing the receipts and disbursements since the preceding report, a statement of the assets and liabilities of the committee, a copy of its attendance records, showing a record by name of the attendance at each meeting, and a record of any action taken by the committee to excuse absences of its membership.

(4) Members of all political party commit­tees, whether elected or appointed to vacancy, and the national committeemen and committee­WO!flen shall, before taking office, establish by wntten oath or affirmation that during their term of office they will not actively and pub­licly oppose the election of any opposed mem­ber of their party running for public office on a ballot in this state.

(5) Any member of any political party committee may be removed from office upon a two thirds vote of the entire membership of the committee at any regular or special meeting after ten days' notice to the membership of the committee that a motion for the purpose of re­moval of a member will be considered at said special meeting. The removal may be for any cause which in the opinion of two thirds of the committee warrants the removal of the mem­ber. Any officer of any committee may be re­moved from his position as such officer by two thirds vote of the members present at a regular or special meeting of such committee at which a quorum is present, provided that there shall have been at least ten days' notice of the pur­pose of such meeting.

(6) A majority of the members of any po­litical party committee shall constitute a quorum, which quorum shall consist of not less than a majority of the members of the executive committee then duly qualified and holding offices at that time.

(7) Members of state and county execu­tive committees elected at the first primary election in 1974 shall take office on December 1, 1974, and shall serve until April 1, 1976. Members of the state and county executive committees elected on the second Tuesday in March in 1976 and on the second Tuesday in March every four years thereafter shall take office on April 1 following their election and shall serve for a term of four years. The out­going chairman of each state and county executive committee shall, within fourteen days after the committee members take office, call an organizational meeting for the purpose of electing officers.

Hislory.-§7, ch. 6468, 1913; RGS 305; CGL 361; 13, ch. 13781, 1929; §1, ch. 16984, 1935; CGL 1936 Supp. 361; 12. ch. 19663, 1939; §§1, lA, ch. 20870, 1941; §7,'ch. 26870, 1951; §40, ch . 28156, 1953 ; §4, ch. 29935, 1955; 11, ch. 59-122; §1, cb . 61-374 ; 12, cb. 63-66; 11. ch. 63-189; §5, ch. 67-353; §11, 2, cb. 68-51; 1110, 35, ch. 6!!-196; §1, ch. 70.214; ~§1, 2, ch. 71·5(B); §3, ch. 71-236.

Nole.-Formerly 1102.07. ·

103.121 Powers and duties of executive committees.-

(!) The state and county executive commit­tees shall have the following powers and duties:

(a) To adopt a constitution by two-thirds vote, of the full committee,

(b) To adopt such bylaws as they may deem necessary by majority vote of the full committee,

(c) To conduct their meetings according to general accepted parliamentary practice,

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Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103

(d) To make party nomination when re­quired by law,

(e) To conduct campaigns for party nomi­nees,

(f) To expend party funds for the mainte­nance and administration of the party organi­zation and to do anything that is considered by custom and practice as proper for party committees, except as expressly prohibited; provided, however, that no funds may be spent by a committee except for bona fide services or material rendered to and received by the com­mittee for the advancement of the party or­ganization.

(g) To make assessment it requires of can­didates, for the purpose of meeting its expenses or maintaining its party organization, not later than twenty calendar days before the last fil­ing date for state offices of each year in which a general election is held. No executive commit­tee shall levy assessments to exceed two per cent of the annual salary of the office sought by any candidate. Within five days after adop­tion the state executive committee shall deliver a certified copy of its assessment resolution to the department of state; the county executive committee shall deliver a certified copy of its assessment resolution to the clerk of the board of county commissioners. The certified copies shall be filed by the department of state and the board of county commissioners. The county ex­ecutive committee shall have exclusive power to levy and receive payment of assessments upon candidates to be voted for in a single county ex­cept state senators and members of the house of representatives and representatives to the congress of the United States, and the state ex­ecutive committees shall have exclusive ·power to levy all other assessments authorized. Upon payment by a candidate of his filing fee and committee assessment, he shall be entitled to a receipt from the officer with whom he quali­fied. If any executive committee shall fail to meet and levy party assessments before the ex­piration of the last day for levying assessments in a year in which a general election is held, then such assessments shall be two per cent.

(h) To appoint from its own membership the necessary subcommittees,

(i) And to allow proxies, but each proxy shall reside in the same election precinct, in the case of ~ county executive committee, or in the same county in case of a state executive committee, as the committeeman or committee­woman represented by the proxy.

(2) The state executive committee shall declare by resolution for the recommendation of candidates for presidential electors and de­liver a certified copy thereof to the governor within the time required for filing sworn state­ments by candidates.

(3) The chairman and treasurer of an exec­utive committee of any political party shall be accountable for the funds of such committee and jointly liable for their proper expenditure for authorized purposes only. The chairman and treasurer of the state executive committee

of any political party shall furnish adequate bond, but not less tl:ian ten thousand dollars, conditioned in effect upon the faithful per­formance by such party officer of his duties and for his faithful accounting for party funds which shall come into his hands; and the chair­man and treasurer of a county executive com­mittee of a political party shall furnish ade­quate bond, but not less than five thousand dollars, conditioned as aforesaid. Bonds for chairman and treasurer of the state executive committee of a political party shall be filed with the department of state. Bonds for chair­man and treasurer of the county executive com­mittees shall be filed with the clerk of the cir­cuit court; provided further, that notice of filing said bonds with the clerk of the circuit court shall be filed with the department of state by the person responsible for filing the bonds. The funds of each such state executive committee shall be publicly audited at the end of each calendar year and a copy of such audit furnished both the attorney general and the department of state for their examination prior to April 1 of the ensuing year. Copies of such audit when filed with the attorney general and department of state shall become public docu­ments. The treasurer of each county executive committee shall maintain adequate records evi­dencing receipt and disbursement of all party funds received by him, and such records shall be publicly audited at the end of each calendar year and a copy of such audit filed with the clerk of the circuit court and the state execu­tive committee prior to April 1 of the ensuing year. Such records are subject to inspection by any member of the party represented by the committee and by the state attorney of the judicial circuit in which the county executive committee is located.

Hlotory.-ff20, 21, 23 and 28, ch. 8488, lt13; RGS 324, 325, 327, 332; CGL 381, 382, 384, 388; 11. cb. 25388, 1848; 18, ch. 26328, 1848; 17, ch. 28870, 1851; 141, ch. 28158, 1853; 12, ch. 28835, 1855; fl. ch. 57-743; fl, cb. 81-157; fl. ch. 83-87; 118·8, ch. 67-353 ; 1110, 35, ch. 68-106.

Note.-Formerly 11102.27, 102.28, 102.30 and 102.35.

103.131 Political party offices deemed vacant in certain cases.-Every political party office shall be deemed vacant in the following cases :

(1) By the death of the incumbent. (2) By his resignation. (3) By his removal. ( 4) By his ceasing to be an inhabitant of

the state, district or precinct for which he shall have been elected or appointed.

(5) By his refusal to accept the office. (6) The conviction of the incumbent of

any felony. (7) The decision of a competent tribunal

declaring void his election or appointment, and his removal by said tribunal.

(8) By his failure to attend, without good and sufficient reason, three consecutive meet­ings, regular or called, of the committee of which he is a member.

Hlotor:r.-11. ch. 58-68; U. ch. 81-122; 18, cb. 87-353.

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Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103

103.141 Removal of county executive com· mittee member for violation of oath.-

(1) Where the county executive committee by at least a two thirds majority vote of the members of the committee, attending a meet­ing held after due notice has been given and at which meeting a quorum is present, deter­mines an incumbent county executive commit­tee member to be guilty of an offense involving a violation of his oath of office, said committee­man so violating his oath shall be removed from office and the office shall be deemed va­cant. Provided, however, if the county com­mittee wrongfully removes a county committee­man and the committeeman so wrongfully re­moved files suit in the circuit court alleging his removal was wrongful and wins said suit, he shall be restored to office and the county com­mittee shall pay the costs incurred by the wrongfully removed committee member in bringing the suit, including reasonable attor­ney's fees.

(2) Either the county or state executive committee is empowered to take judicial action in chancery against a county committee mem­ber for alleged violation of his oath of office in the circuit court of the county in which that committee member is an elector; provided, however, that the state committee may take such judicial action only when a county com­mittee refuses to take such judicial action within ten days after a charge is made. Pro­cedure shall be as in other cases in chancery, and if the court shall find as fact that the defendant did violate his oath of office, it shall enter a decree removing the defendant from the county committee. If either such executive committee brings suit in the circuit court for the removal of a county committee member and

408

loses said suit, such committee shall pay the court costs incurred in such suit by the com­mittee member, inciuding reasonable attor­ney's fees.

Hlstory.-110, ch. 67·353.

103.151 Removal of state executive commit­tee member for violation of oath.-

(1) The state executive committee is em­powered to take judicial action in chancery in the circuit court of the county in which a state committee member is an elector to re­move a state committee member from office for a violation of his oath of office. Procedure shall be as in other cases in chancery, and if the court shall find as fact that the defendant did violate his oath of office, it shall enter a decree removing the defendant from the state com­mittee.

(2) If a charge of violating his oath of office is made against a member of the state committee and the state committee fails to take such judicial action within ten days after a charge is made, the county executive com­mittee in the county from which the state com­mittee member is elected shall have the right to seek said committee member's removal in the circuit court of that county in the manner and according to the procedure set forth in subsection (1).

(3) If either the county or state executive committee seeks the removal of a state com­mittee member as provided in subsections (1) or (2) and loses such suit, the committee bringing said suit shall pay the court costs incurred by the committee member in defend­ing such suit, including reasonable attorney's fees.

Hlatory.-111, ch. 67·353.

Ch. 104 ELECTION CODE; VIOLATIONS; PENALTIES Ch. 104

CHAPTER 104

ELECTION CODE; VIOLATIONS; PENALTIES

104.011 104.012 104.021 104.031

104.041 104.051

104.061 104.071

104.081

104.091

104.101 104.11

104.12 104.13 104.14 104.15

104.16 104.17

104.18

104.181

104.19

104.20

104.21 104.22

104.23

False swearing. Consideration for registration. False certificate of nomination. False de'claration to secure assistance

in preparing ballot. Fraud in connection with casting vote. Violations; neglect of duty; corrupt

practices. Corruptly influencing voting. Remuneration by candidate for serv­

ices, support, etc.; penalty. Threats of employers to control votes

of employees. Corporations prohibited from doing

certain acts. Failure to assist officers at polls. Neglect of duty by sheriff or other of-

ficer. Calling out militia on election day. Intermingling ballots. Illegal voting; bond election. Person knowing he is not qualified

elector voting at any election. Voting substitute ballot. Voting in person after casting absen­

tee ballot. Casting more than one vote at any elec­

tion. Unlawful to vote if elector has voted in

other state or country within sixty days.

Use of stickers, rubber stamps, etc., un­lawfully.

Ballot not to be seen, and other of­fenses.

Changing electors' ballots. Stealing and destroying records, etc.,

of election. .Disclosing how elector votes.

104.011 False swearing.-Whoever is found guilty of willful and corrupt swearing or affirm­ing or willfully and fraudulently subscribes to any oath or affirmation or willfully and cor­ruptly procures another person to swear or af­firm falsely, or subscribes an oath or affirma­tion in connection with or arising out of voting, registration or elections shall be guilty of a felony of the third degree, punishable as pro­vided in §775.082, §775.083, or §775.084.

History.-H5, ch. 14715, 1931; COL 1936 Supp. 8202(61; 18, ch . 261!70. HI~!; ~19, ch . 71-1:!6.

Note.-See former H103.15 and 875.14.

104.012 Consideration for registration.­Any person who gives anything of value that is redeemable in cash to any person in considera­tion for his becoming a registered voter shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083. This section shall not be interpreted, however, to exclude such services as transportation to

104.24 104.25 104.26 104.271

Penalty for assuming name. Betting on result of election. Penalty for destroying booth. False, willful or malicious charges

against opposing candidates; pen­alty.

104.272 Mishandling of funds by officers of state or county executive committees.

104.28 Violating provisions covering expendi­tures of candidates.

104.29 Inspectors refusing to allow watchers while ballots are counted.

104.30 Voting machine; unlawful possession; tampering with.

104.31 Political activities of state, county and municipal officers and employees.

104.32 Supervisor of elections; delivery of books to successor.

104.35 Distribution of literature against a candidate on election day.

104.36 Distribution of literature, etc., near polling places.

104.37 Political advertisements circulated prior to election; requirements.

104.371 Political advertisement defined. 104.373 Endorsements by certain groups and

organizations. 104.38 Newspaper assailing candidate in an

104.39 104.41 104.42

104.43 104.44 104.45

election; space for reply. Witnesses as to violations. Violations not otherwise provided for. Fraudulent registration and illegal

voting; investigation. Grand juries; special investigation. Conflicting laws repealed. Municipality may adopt state election

laws. 104.451 Municipal elections; change of dates

for cause . 104.46 Pamphlet and manual prepared of the

election code. the place of registration or baby-sitting in con­nection with the absence of an elector from home for registering.

History.-§!, ch. 63-198; §20, ch. 71 -136.

104.021 False certificate of nomination.­Any person who shall falsely or fraudulently make a certificate of nomination or any part thereof, or file any certificate of nomination, knowing the same or any part thereof to be false or suppress any nomination which has been duly filed or any part thereof, shall be guilty of a felony of the third degree, punish­able as provided in §775.082, §775.083, or §775.084.

History.-§8, ch. 26870, 1951 ; §21 , ch. 71 -136. Note.-See former ~875.09.

104.031 False declaration to secure assist­ance in preparing ballot.-Any person who makes a false declaration for assistance in the preparation of his ballot in any election shall

409

Ch. 104 ELECTION CODE; VIOLATIONS; PENALTIES Ch. 104

be guilty of a felony of the third degree, punish­able as provided . in §775.082, §775.083, or §775.084.

Hlstory.-149 , ch. 4328, 1895 ; OS 3829 ; ROS 5892; COL 8156; §8, ch. 26870, 1951; §22, ch. 71-136.

Note.-See former *99.31.

104.041 Fraud in connection with casting vote.-Any person perpetrating or attempting to perpetrate or aid in the perpetration of any fraud in connection with any vote cast or to be cast, or attempted to be cast, shall be guilty of a felony of the third degree, punishable as pro­vided in §775.082, §775.083, or §775.084.

lllaioi'J.-14, ch. 22014, 1M3; 11. ch. 26315, lHII; 18, ch. 28870, 1951; §23, ch. 71-136.

Note.-See former 1101.14.

104.051 Violations; neglect of duty; corrupt practices.-

( I) Any person, including clerks, inspec­tors, and other officials, who shall wilfully and fraudulently violate any of the provisions of this election code shall be subject to immediate arrest and exclusion from the polls, and re­placed by other election officials, as provided by §102.051.

(2) Any election official or any other official who wilfully nnd with bad motive refuses or neglects to perform his duties as prescribed by this election code shall be guilty of a misde­meanor of the first degree, punishable as pro­vided in §775.082 or §775.083.

(3) Any election official or other official who performs his duty as prescribed by this election code fraudulently and corruptly shall, upon conviction, be guilty of a felony.

(4) Any persons who are appointed to con­duct the election of electors of president and vice-president of the United States shall, for neglect of duty or improper conduct, be liable to the same penalties as other election officials in similar circumstances.

(5) Any supervisor, deputy supervisor or any employee who shall attempt to influence or interfere with any elector voting an absentee ballot shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082. or §775.083.

(6) No provision of this section shall pre­clude punishment for a greater offense if such offense is stated in other parts of the election code.

Rlator:r.-130, ch. 4328, 1885; 110, ch. 4537, 1887; 118, cb. 14'115, 1831 ; 14, ch. 18407, 1837; OS 215, 3824; ROB 259, 5885; COL 315, 8148 ; 1836 Supp. 8151(1); 1840 Supp. 7478(8); tilE, 4, 'I, 8, ch. 22018, 1943; §8, ch. 26870, 1951; §42, ch. 28156, 1953; §24, ch. 71 -136.

Note.-See former lf89.13, 100.37, 100.46, 100.47, 103.18, 105.02, 875.08, 875.10, and 875.11.

104.061 Corruptly influencing voting.-(1) Whoever by bribery, menace, threat or

other corruption whatsoever, either directly or indirectly, attempts to influence or deceive any elector in giving his vote or ballot or preparing the same, or to deter him from giving the same, or disturbs or interferes with him in the free exercise of the right of suffrage at any election shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082

or §775.083, on the first conviction and a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084, on the second conviction.

(2) No person shall directly or indirectly give or promise anything of value to another intending thereby to buy his or another's vote, or to corruptly influence him or another in cast­ing his vote. Any person violating this sub­section shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

HJotor:r.-IU. 3, ch. 8470, 1813; ROB 5818; CGL 8182; U. ch. 18617, 1838 ; fl, ch. 20834, 1841; 1'1, cb. 22858, 1H5; 18, cb. 28870, 1951; §1, ch. 65-379; §25, ch. 71·136.

Note.-See former U102.81, 876.02, 876.12, 8'15.2'1 and 8'16.34-8'15.38.

104.071 Remuneration by candidate for services, support, etc.; penalty.-

(1) It is unlawful for any person or · can­didate who shall, in order to aid or promote his nomination in any election, directly or in­directly, himself or by or through any other person to:

(a) Promise to appoint another person, promise to secure or aid in securing appoint­ment, nomination or election of another person to any public or private position, or to any posi­tion of honor, trust or emolument, except one who has publicly announced or defined what his choice or purpose in relation to any elec­tion in which he may be called to take part, if elected, or

(b) Give or promise to give, pay, loan any money or other thing of value to the owner, editor, publisher or agent, of any communica­tion media as well as newspapers, to advocate or oppose, through such media, any candidate for nomination in any election, or any candi­date for election, and no such owner, editor, or agent shall give, solicit or accept such payment or reward. It shall likewise be unlawful for any owner, editor, publisher or agent of any poll taking or poll publishing concern to aq­vocate or oppose through such poll any candl­.date for nomination in any election or any can­didate for election in return for the giving or promising to give, pay, loan any money or other thing of value to said owner, editor, pub­lisher or agent of any poll taking or poll pub­lishing concern, or

(c) Give, pay, expend or contribute any money or thing of value for the furtherance of the candidacy of any other candidate, or

(d) Furnish, give or deliver to another per­son any money or other thing of value, to be used by another person for any purpose pro­hibited by the election laws.

(2) Any candidate found guilty of a viola­tion of any provision of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083, and from and after his conviction be disqualified to hold the office or position to which he aspires for the term affected. If at the time of conviction such person who was a candidate is serving in the position or

410

Ch. 104 ELECTION CODE; VIOLATIONS; PENALTIES Ch. 104

office to which he aspired, his conviction is cause for removal or impeachment.

History.- §8, ch . 26870, 195 1; §2, ch . 65-379; §26, ch . 71 -136. Note.---aee former 11875.31, 875.33, 875.34, 875.38, 875 .42, and

875.43 .

104.081 Threats of employers to control votes of employees.-It shall be unlawful for any person, firm, company, association or cor­poration having one or more persons in their service as employees to discharge or threaten to discharge any employee in their service for voting or not voting in any election, state, county or municipal, for any candidate or meas­ure submitted to a vote of the people. Any per­son violating the provisions of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083. Any firm, company, association or corporation violating the provisions of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.083 in addition to the penalty of being punished for a misdemeanor of the first degree, which shall be personally applied to each of­ficial or agent who actually participated.

History.- §8, ch. 26870, 1951; §27, ch. 71-136. Note.-See former §§875.22 and 875.23.

104.091 Corporations prohibited from doing certain acts.-

( 1) No corporation shall do anything or any act that is prohibited of individuals by the election code. Likewise, any corporation, except one whose principal business is enum­erated in §99.161 (1) , may do any act or thing that an individual may do; provided, however, those individuals and corporations enumerated in §99.161 (1) shall not, directly or indirectly, make any payment, loan or exchange of money or other thing of value to any corporation for th.e purpose of making, directly or indirectly, any political contribution authorized in this section.

(2 ) Any officer, employee, agent or attor­ney, or other representative of any corpora­tion acting for an l on behalf of such corpora­tion who shall violate this section shall be gujlty of a felony of the third degree, punish­able as provided in §775.082, §775.083, or §775.084, and the corporation shall be guilty of a felony of the third degree, punishable as provided in §775.083.

(3) Any person who shall aid, abet or ad­vise the violation of this section shall be pun­ished in like manner as the principal offender. Violations of this section shall be prosecuted in the county where such violation occurred.

History.-§8, ch. 26870, 1951; §I , ch . 67-164; §28, ch . 71-136. Note.-See former §§875.19-875.21 .

104.101 Failure to assist officers at polls.­Any person summoned by the sheriff or deputy sheriff who shall fail or refuse to assist him in maintaining the peace at the polls shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

Blotor7.-127, ch. 3878, 1888; RS 181; 158, ch. 4328, 1885 ; OS 3834; RGS 5896; CGL 8160; §8, ch . 26870, 1951; §29, ch . 71-136.

Note.-See former §99.40 .

104.11 Neglect of duty by sheriff or other officer.-Any sheriff, deputy sheriff or other of­ficer who shall willfully neglect or refuse to per­form his duties relating to elections shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

History.-§8, ch. 26870, 1951; §30, ch . 71-136. Note .-See former 1875.07 .

104.12 Calling out militia on election day.­Any officer or other person who shall call out or order out the militia of this state to appear and exercise on any day during an election, except in cases of invasion or insurrection, or except in obedience to some civil magistrate to sup­press riots, or to enforce law, shall be guilty of a misdemeanor of the first degree, punish­able as provided in §775.082 or §775.083.

History.-§8, ch . 26870, ! 951; §31, ch . 71-136. Note.-See former §875.06 .

104.13 Intermingling ballots.- Whoever willfully places any ballot in the ballot box except as properly voted by electors, or willfully intermingles any other ballots which have not been duly received during the election with the ballots which are voted by the electors, shall be guilty of a felony of the third degree, punish­able as provided in §775.082, §775.083, or §775.084.

History.- §8, ch . 26870, 1951; §3, ch . 65-379; §32, ch . 71-136. Note.-See former §875.13.

104.14 Illegal voting; bond election.-It is unlawful for any person willfully to vote or participate in any county, district, or other bond election who is not a freeholder and a quali­fied elector. Any person violating this section shall be guilty of a felony of the third degree, punishable as provided in §775,082, §775.083, or §775.084.

Hlstory.-§1, ch . 9294, 1923 ; COL 250 ; §8, ch. 26870, 1951 ; §4, ch. 65-379; §33, ch . 71-1 36.

Note .-See former §98.03 .

104.15 Person knowing he is not qualified elector voting at any election.-Whoever, know­ing he is not a qualified elector, willfully votes at any election shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

History.- §8, ch. 26870, 195 1; §5, ch . 65-379; §34, ch . 71-136. Note.-See former §§875.15 and 875.26 .

104.16 Voting substitute ballot.-Any elec­tor who votes or attempts to vote a substitute ballot, or any person who shall solicit or at­tempt to vote a substitute ballot, shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

Hlstor,..-*36, ch . 4328, 1895 ; OS 221; §42, ch. 6469, 1913; RGS 266, 346, 5911 ; COL 322, 403; 8175; 16, ch . 17898, 1937; §3, ch. 17901, 1937 ; §6, ch. 25187, 1949; §4, ch. 25386, 1949; 18, ch. 26870, 1951; §6, ch . 65-379; §35, ch. 71-136.

Note.-See former 1*99.20 and 102.41.

104.17 Voting in person after casting absen­tee ballot.- Any person who shall willfully vote or attempt to vote both in person and by ab­sentee ballot shall be guilty of a felony of the

411

Ch. 104 ELECTION CODE; VIOLATIONS; PENALTIES Ch. 104

third degree, punishable as provided m §775.082, §775.083, or §775.084.

History.-§!, ch. 22014, 1943; §1 , ch. 25385, 1949; §8, ch. 26870, 1951; §7, ch. 65-379; §36, ch . 71-136.

Note.-See former 1101 .11.

104.18 Casting more than one vote at any election.-Whoever willfully casts more than one vote at' any election shall be guilty of a felony of the third degree, punishable as pro­vided in §775.082, §775.083, or §775.084.

History.-§8, ch. 26870, 1951; §8, ch. 65-379; §37, ch. 71-136. Note.-See former 11875.15-875.17.

104.181 Unlawful to vote if elector has voted in other state or country within sixty days.-

(1) It is unlawful for any person to vote in any primary, special, or general state or county election in the state within sixty days of the time such person has voted in any election in any other state or country in which residence in such state or country at the time of the election there was a necessary qualification to such person's right to vote there.

(2) Any person violating any of the provi­sions of this section shall be guilty of a mis­demeanor of the first degree, punishable as provided in §775.082 or §775.083.

(3) The provisions of this section shall not apply to those persons voting in national elec­tions in accordance with §97.031.

History.-§28. ch. 29934. 1955; §9, ch. 65-379; §2, ch. 65-377; §38, ch. 71-136; §39, ch. 73-333.

104.19 Use of stickers, rubber stamps, etc., unlawfully.-It shall be unlawful for any per­son casting a ballot at any election to use stickers or rubber stamps or to carry into a voting booth any mechanical device, paper or memorandum which might be used to affect adversely the normal election process. In cast­ing a write-in ballot the elector shall cast the same in his own handwriting or in the hand­writing of an authorized person aiding him. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor of the second degree, punish­able as provided in §775.082 or §775.083.

History.-§7, ch. 25187, 1949; §8, ch. 26870, 1951; §1 , ch. 70-1 36; §39, ch. 71-136.

Note.-See former 199.201.

104.20 Ballot not to be seen, and other of­fenses.-Any elector who shall, except as pro­vided by law, allow his ballot to be seen by any person, or who shall take or remove or attempt to take or remove any ballot from the polling place before the close of the polls, or place any mark on his ballot by which it may be identified, or shall remain longer than the specified time allowed by law in the booth or compartment after having been notified that his time has expired, or who shall endeavor to induce any elector to show how he voted, or mark his ballot, or aid or attempt to aid any elector unlawfully, or shall print or procure to be printed, or have in his possession, any copies of any ballot prepared to be voted shall be guilty of a misdemeanor of the first degree,

punishable as provided in §775.082 or §775.083.

Hlstory.-155, ch. 4328, 1895; 12, ch. 4536, 1897; OS 3835; ROS 5897; CGL 8161; §8, ch. 26870, 1951; §40, ch. 71-136.

Note.-See former 199.34.

104.21 Changing electors' ballots.-Whoever fraudulently and deceitfully changes or at­tempts to change the vote or ballot of any elec­tor by which actions such elector is prevented from voting such ballot or from voting such bal­lot as he intended, shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

History.-§8, ch. 2687q. 1951; §10, ch. 65-379; §41, ch. 71-136. Note.-See former t8·t5 .03.

104.22 Stealing and destroying records, etc., of election.-Any person who is guilty of stealing, willfully and wrongfully breaking, destroying, mutilating, defacing or unlawfully moving or securing and detaining the whole or any part of any ballot box or any record tally sheet or copy thereof, booth returns, or any other paper or document provided for, or who shall fraudulently make any entry or alteration therein except as allowed and directed by law, or who permits any other person so to. do, shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

History.-§8, ch. 26870, 1951; §11, ch. 65-379; §42, ch. 71-136. Note.-See former 11875.13, 875.28, and 875.29.

104.23 Disclosing how elector votes.-Any election official or person assisting any elector who shall willfully disclose how any elector voted, except upon trial in court, shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

History.-§8, ch. 26870, 1951; §12, ch. 65-379; §43, ch. 71-136. Note.-See former 1875.04.

104.24 Penalty for assuming name.-No registered elector shall in connection with any part of the election process call himself or pass by any other name than the name by which he is registered, or fraudulently use the name of another in voting. Any person violating this sec­tion shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083. Hlstory .-~57, ch. 6469, 1913 ; ROS 360, 5913; COL 417, 8177;

14, ch. 22014, 1943; 11, ch. 25385, 1949; 18, ch. 26870, 1951; 113, ch. 65-379; §44, ch. 71-136. ·

Note.-See former 11101.14 and 102.53.

104.25 Betting on result of election.-Who­ever makes or becomes directly or indirectly interested in any wager or bet the result of which shall depend upon any election, provided such wager or bet shall occur on or before the day of election, shall be guilty of a misde­meanor of the first degree, punishable as pro­vided in §775.082 or §775.083.

History.-§8, ch. 26870, 1951; §45, ch. 71-136. Note.-See former 1875.18.

104.26 Penalty for destroying booth.-Any person who wrongfully, during or before an election, removes, tears down or destroys or de-

412

Ch. 104 ELECTION CODE; VIOLATIONS; PENALTIES Ch. 104

faces any booth, compartment or other conven­ience provided for the purpose of enabling the elector to prepare his ballot, or any card for the instruction of the voter, shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

History.-§8, ch. 26870, 1951; §46, ch. 71-136. Note.-See former §875.01.

104.271 False, willful or malicious charges against opposing candidates; penalty.- Any can. didate who, in a primary election or other election, falsely, willfully or maliciously charges an opposing candidate participating in such election with a violation of any pro­visions of §99.161, or any other section of the election laws providing and declar­ing that certain acts of candidates shall constitute violations of the law, shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083, and, in addition to such penal provisions, a person from and after any such conviction shall be disqualified to hold office or position to which he aspires for the term af­fected. If at the time of conviction such person who was a candidate is serving in a position or office to which he aspired, his conviction shall be cause for removal or impeachment.

History.-§44, ch. 28156, 1953; §48, ch. ?i-136.

104.272 Mishandling of funds by officers of state or county executive committees.-Any chairman or treasurer of a state or county executive committee of any political party who shall knowingly and willfully make an unlawful expenditure, misappropriate or make false or improper accounting for the funds of such committee shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

History.-§3, ch. 29935, 1955; §15, ch. 65-379; §49, ch. ?t-136.

104.28 Violating provisions covering expen­ditures of candidates.-Any person who willfully violates the provisions of §99.172 concerning expenditures of candidates shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.-084.

History.-§ § 1. 3, ch. 6470. 1913; ROS 5918; COL 8182; §1, ch. 19617, 1939; §1, ch. 20934, 1941; §7, ch. 22858, 1945; §8, ch. 26870, 1951; §16, ch. 65-379; §50, ch . 71-136.

Note.-See former §102.61.

104.29 Inspectors refusing to allow watchers while ballots are counted.-The inspectors or other election officials shall allow at all times while the ballots are being counted as many as three persons near to them to see whether the ballots are being correctly read, called, and the votes correctly tallied, and any officials who deny this privilege or interfere therewith shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

History.-§8, ch. 26870, 1951; §51, ch. 71-136. Note.-See former §875.05.

104.30 Voting machine; unlawful posses­sion; tampering with.-

(1) Any unauthorized person who shall un­lawfully have possession of any voting machine or key thereof shall be guilty of a misde­meanor of the first degree, punishable as pro­vided in §775.082 or §775.083.

(2) Any person tampering or attempting to tamper with or destroy any voting machine "":ith the intention of interfering with the electwn process or the results thereof, shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

Hlstory.-§26, ch. 13893, 1929; COL 1936 Supp. 8202(1); 18, ch. 26870, 1951; §17, ch. 65-379; §52, ch. 71-136.

Note.-See former U00.28.

104.31 Political activities of state, county and municipal officers and employees.- ·

(1) No officer or employee of the state, or of any county or municipality thereof, except as hereinafter exempted from provisions hereof, shall

(a) Use his official authority or influence for the purpose of interfering with an election, or a nomination of office, or coercing or influ­encing another person's vote, or affecting the result thereof, or

(b) Directly or indirectly coerce or attempt to coerce, command or advise any other officer or employee to pay, lend or contribute any part of his salary, kickback any sum of money, or anything else of value to any party, committee, organization, agency or person for political pur­poses, or

(c) Directly or indirectly coerce or attempt to coerce, command and advise any such officer or employee as to where he might purchase commodities or to interfere in any other way with the personal right of said officer or em­ployee. The provisions of this section shall not be construed so as to prevent any person from becoming a candidate for and actively cam­paigning for any elective office in this state. All such persons shall retain the right to vote as they may choose and to express their opin­ions on all political subjects and candidates.

(d) The provisions of paragraph (a) of this subsection shall not be construed so as to limit the political activity in general, special, primary, bond, referendum or any other election of any kind or nature, of elected officials or candidates for public office in the state or of any county or municipality thereof unless, in the case of municipalities, there be provisions in the char­ters or ordinances thereof which apply to offi­cers, employees or candidates in such munici­palities; and the provisions of paragraph (a) of this subsection shall not be construed so as to limit the political activity in general or special elections of officials appointed as the heads or directors of state administrative agencies, boards, commissions or committees or of the members of state boards, commissions or com­mittees whether they be salaried, nonsalaried or reimbursed for expense. In the event of a dual capacity of any member of a state board, commission or committee, any restrictive pro-

413

Ch. 104 ELECTION CODE; VIOLATIONS; PENALTIES Ch. 104

erendum shall contain the following informa­tion:

(a) The name of the principal officer of the endorsing organization and his mailing address;

(h) The number of members of the organiza­tion during the preceding twelve months and how many of these members, if any, have paid dues; and

(c) A statement as to whether any of the candidates being endorsed in such advertise­ment has made a contribution to the organiza­tion or has otherwise participated in providing payment for such advertisements, excluding individual payment of membership dues. No advertising media shall accept any political advertisement endorsing candidates for public office or endorsing or opposing any referendum which does not meet the requirements of this subsection.

(6) Any person who willfully violates the provisions of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

History.-§8, ch. 26870, 1951; §1. ch. 61-145; §21, ch. 65-379; §57. ch. 71-136; §30, ch. 73-128.

Note.-See former ~875.37 .

104.371 Political advertisement defined.­Political advertisement is an expression by any mass media, attracting public attention, wheth­er radio, television, newspaper, magazine, peri­odical, direct mail, display or by means other than the spoken word in direct conversation which shall transmit any idea furthering the candidacy for public office of any person.

History.-§45. ch. 28156, 1953.

104.373 Endorsements by certain groups and organizations.-

(!) Any group, club, association, or other organization, except organizations affiliated with political parties regulated by chapter 103, which intends to endorse the candidacy of one or more candidates for public office or which en­dorses or opposes any referendum by means of political advertisements shall, prior to publish­ing, issuing, broadcasting, or otherwise distrib­uting such advertisement, file a statement as provided by this section with the officer or of­ficers provided herein. Such statement shall be filed with the officer before whom each candi­date that the organization intends to endorse qualified for office pursuant to law. Each state­ment shall contain the following information:

(a) The date the organization was chartered and the number of members during the most recent twelve months and how many of these members, if any, have paid dues;

(b) A list of current officers or directors of such organization and a statement as to their method of selection;

(c) A statement of the procedures used by such organization in determining which candi­dates to endorse;

(d) If political advertisements for endorse­ment purposes are to be paid for from funds

other than the dues of the membership of the organization, a statement describing the sources of such funds; and

(e) The amount of funds contributed to the organization by candidates for public office, in­cluding contributions in the form of dues, and the name of, and office sought by, each such candidate.

(2) Any officer, director, or other person act­ing on behalf of an organization who willfully violates the provisions of subsection (1) shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

History.-§31 , ch. 73-128.

104.38 Newspaper assailing candidate in an election; space for reply.-If any newspaper in its columns assails the personal character of any candidate for nomination or for election in any election, or charges said candidate with malfeasance or misfeasance in office, or other­wise attacks his official record, or gives to an­other free space for such purpose, such news­paper shall upon request of such candidate immediately publish free of cost any reply he may make thereto in as conspicuous a place and in the same kind of type as the matter that calls for such reply, provided such reply does not take up more space than the matter replied to. Any person or firm failing to comply with the provisions of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

History.-§8. ch . 26870, 1951; §46, ch. 28156, 1953; §59, ch. 71-1:!6. Note.-see former §875.40.

104.39 Witnesses as to violations.-Any person violating any provisions of the election code shall be a competent witness against any other person so violating and may be com­pelled to attend and testify as any other person can be. The testimony given shall not be used in any prosecution or proceeding, civil or crim­inal, against the person so testifying. Any per­son so testifying shall not be liable to indict­ment or punishment by information, nor to pros­ecution or punishment for the offense with reference to which his testimony was given and may plead the giving of testimony in bar to such indictment, information or prosecution.

History .- ~ 8. ch. 26870, 1951. Note.- See former *875.32 .

I 04.41 Violations not otherwise provided for. -Any violation of the election code not other­wise provided for shall be a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083. History.-~H. ch. ~fiH70, 1~GI; ~61, ch. 71-1:16.

104.42 Fraudulent registration and illegal voting; investigation.-The board of county commissioners in all counties may appropriate not in excess of five thousand dollars for the purpose of investigating fraudulent registra­tions and illegal voting.

History.- §§ 12. 14, ch. 17899, 1937 ; CGL 1940 Supp . 369141 ; 18. ch. 26870, 1951 .

Note.-See former U00.40.

415

Ch. 104 ELECTION CODE; VIOLATIONS; PENALTIES Ch. 104

104.43 Grand juries; special investigation. -The grand juries of every county shall, upon· the request of any candidate or qualified voter, make special investigation when it convenes during a campaign preceding any election day to determine whether there shall be any viola­tion of the provisions of the election code, and shall return indictments when sufficient ground is found.

History.-i 8, ch . 26870, 1951. Note.- See former §875 .45.

104.44 Conflicting laws repealed.-All local laws that conflict with the election code of 1951 shall stand repealed after January 1st, 1954.

History.-§8, ch. 26870, 1951.

104.45 Municipality may adopt state elec­tion laws.-Upon presentation of a petition signed by twenty-five qualified electors in a municipality, a municipality may upon official approval by the governing authority under the charter, adopt the state election Jaws for con­ducting a municipal election. In such event the words "city clerk or appropriate official" are inserted wherever the words "supervisor of elections" appear.

History.-*8, ch . 26870 , 1951, ~ 2 . ch . 65-60.

104.451 Municipal elections; change of datP.s for cause.-

(1) · In any municipality when the date of the municipal elections falls on the same date

as any statewide general or special election, and voting machines are not available for both elections, the municipality may provide that the municipal primary and general elections may be held within thirty days prior to or subse­quent to the statewide general or special elec­tion.

(2) The dates of said municipal elections shall be designated by appropriate ordinances and resolutions adopted by said municipalities.

History.-§§!, 2, ch. 59-493.

·104.46 Pamphlet and manual prepared of the election code.-A pamphlet of a reprint of the general Ia ws pertaining to elections and a manual of the election code of 1951 outlining the duties of clerks, inspectors and other elec­tion officials, and including instructions to elec­tors for their use at any election, each ade­quately indexed, shall be prepared by the de­partment of state. It shall have printed a suffi­cient number of these pamphlets and manuals and mail copies to all boards of county com­missioners for use of the clerks, inspectors and other election officials, the cost of printing shall be paid out of funds appropriated for conduct­ing elections. Any citizen may purchase a copy by payment of the actual cost of printing and distribution as determined by the department of state.

History.-§8, ch . 26870, 1951; l47, ch. 28156, 1953; §§10, 35, ch. 69-106. cf.-§98.251 Election laws ; copies thereof.

416

Ch. 105 NONPARTISAN ELECTIONS FOR JUDICIAL OFFICERS Ch. 105

CHAPTER 105

NONPARTISAN ELECTIONS FOR JUDICIAL OFFICERS

105.011 Definitions. 105.021 Nonpartisan elections of judicial

officers. 105.031 Qualification; filing fee; oath of

office. 105.041 Form of ballot. 105.051 Determination of election to office.

105.011 Definitions.-As used in this chap-ter:

(1) "Judicial officers" means: (a) Justices of the supreme court; (b) Judges of district courts of appeal; (c) Judges of the circuit courts; (d) County court judges. (2) "Judicial office" means the office in

which judicial officers serve as judges. History.-§!, ch. 71-49; §! , ch. 72-310.

105.021 Nonpartisan elections of judicial officers.-Judicial officers shall be elected on separate nonpartisan ballots at first and second nonpartisan elections. The first non­partisan election shall be held at the time of the first primary election provided for by §100.061. The second nonpartisan election shall be held at the time of the second primary election provided for by §100.091.

History.-§2, ch. 71-49.

105.031 Qualification; filing fee; oath of office.-

(1) TIME OF QUALIFYING.-Candi-dates for judicial office shall qualify with the division of elections of the department of state no earlier than noon of the sixty-third day, and no later than noon of the forty-ninth day, before the first nonpartisan election. Filing shall be on forms provided for that purpose by the division of elections.

(2) FILING IN GROUPS .-Candidates shall qualify in groups where multiple judicial offices are to be filled.

(3) QUALIFYING FEE .-Each candidate qualifying for judicial office shall pay the division of elections a qualifying fee of 5 per­cent of the annual salary of the office to which he seeks election. The division of elections shall forward all such qualifying fees to the depart­ment of revenue for deposit in the general revenue fund.

(4) OATH OF OFFICE .-All candidates for judicial office shall subscribe to an oath or affirmation in writing to be filed with the division of elections upon qualifying and in which he shall state:

(a) That he was registered to vote in this state in the last preceding general election;

105.061 105.071

105.08 105.09

105.10

Electors qualified to vote. Candidates for judicial office; limita­

tions on political activity. Campaign contribution and expense. Political activity in behalf of a candi­

date for judicial office limited. Applicability of election code.

(b) The title of the office for which he is a candidate;

(c) That he is a qualified elector of the state and of the territorial jurisdiction of the court to which election is sought;

(d) The name of the county of his legal residence;

(e) That he is qualified under the laws of this state to hold the judicial office to which he desires to be elected;

(f) That he has not violated any of the laws of the state relating to elections or registration of electors;

(g) That he has taken the oath as required by §§876.05-876.10;

(h) That he has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent to the office he seeks; and

(i) That he has filed with the division a sworn statement of contributions and expendi­tures incurred prior to the time of qualifying and since the last preceding general election.

History.- §3, ch. 71-49.

105.041 Form of ballot.-In a judicial non­partisan election:

(1) PAPER BALLOTS .-When the paper ballot is used, it shall be separate and apart from any other ballot and shall contain, in addition to the formal parts and instructions to voters, the names of all the candidates and the respective judicial offices for which they are candidates.

(2) VOTING MACHINES.-When voting machines are used, the name of the candidate in the judicial nonpartisan election shall be on a separate line or column and shall be clearly designated as such.

(3) LISTING OF CANDIDATES.-The names of all candidates for the judicial office being filled shall be listed in alphabetical order.

(4) WRITE-IN CANDIDATES.-(a) Provision shall be made for the elector

to write in the name of any person who has filed the oath or affirmation required by §105.031(4) with the division of elections at least forty-five days prior to the date of the second nonpartisan election.

(b) The division of elections shall follow the procedure prescribed by §99.023(3) for any candidate qualifying in accordance with paragraph (a) of this subsection.

417

Ch.105 NONPARTISAN ELECTIONS FOR JUDICIAL OFFICERS Ch.105

(5) REFERENCE TO PARTY AFFILIA­TION PROHIBITED.-No reference to political party affiliation shall appear on any ballot to be used in a nonpartisan judicial election.

History.-§4, ch. 71-49.

105.051 Determination of election to of­fice.-

(1)(a) The names of unopposed candi­dates shall not appear on the nonpartisan ballot unless a write-in candidate has qualified under §105.041 (4).

(b) If two or more candidates qualify for a particular office, the names of those candi­dates shall be placed on the ballot for the first nonpartisan election.

(2) In order to be elected in the first non­partisan election, a candidate must receive a majority of all the votes cast for the office. If no candidate receives a majority of all votes cast, the two candidates· receiving the highest number of votes shall have their names placed on the ballot for election at the second non­partisan election.

(3) The candidate receiving the highest number of votes cast for the office at the time of the second nonpartisan election shall be de­clared elected. Should the second nonpartisan election result in a tie, the outcome shall be determined by lot.

History.-§5, ch. 71-49.

105.061 Electors qualified to vote.-All qualified electors shall be eligible to vote in all judicial nonpartisan elections.

History.-§6, ch . 71-49.

105.071 Candidates for judicial office; limi­tations on political activity.-A candidate for ju­dicial office shall not:

(1) Participate in any partisan political party activities;

(2) Campaign as a member of any political party;

(3) Publicly represent or advertise himself as a member of any political party;

( 4) Endorse any candidate; (5) Make political speeches other than in his

own behalf;

(6) Make contributions to political party funds;

(7) Accept political party funds; (8) Solicit contributions to political party

funds; (9) Accept or retain a place on any political

party committee; (10) Make any contribution to any person,

group, or organization for its endorsement to judicial office; or

(11) Agree to pay all or any part of any ad­vertisement sponsored by any person, group, or organization wherein the candidate may be endorsed for judicial office by any such person, group, or organization.

History.-§7, ch . 71-49; §2, ch. 72-3 10.

105.08 Campaign contribution and ex­pense.- Candidates for judicial office may accept contributions and may incur only such expenses as are authorized by law. They shall keep an accurate record of their contributions and expenses, and shall fll.e reports thereof on the same basis as required of candidates for state and county offices.

History.-§8, ch . 71-49.

105.09 Political activity in behalf of a candidate for judicial office limited.-

(1) No political party or partisan political organization shall endorse, support, or assist any candidate · in a campaign for election to judicial office.

(2) Any person in his individual capacity or as an officer of an organization who know­ingly violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of up to $500 or imprisonment in the county jail for a term of up to 6 months or by both such fine and imprison­ment.

History.-§9. ch. 71-49.

105.10 Applicability of election code.­The provisions of chapters 97-104 are inappli­cable to the extent that such provisions conflict with the provisions of this chapter.

History.-§10, ch. 71-49.

418

Ch.106 CAMPAIGN FINANCING Ch.106

CHAPTER 106

CAMPAIGN FINANCING 106.011 Definitions. 106.021 Campaign treasurers; deputies; primary

and secondary depositories. 106.03 Registration of political committees. 106.04 Committees of continuous existence. 106.05 Deposit of contributions; statement of

campaign treasurer. 106.06 Treasurer to keep records; inspections. 106.07 Reports; certification and filing. 106.08 Contributions; limitations on. 106.09 Receipts for cash contributions. 106.10 Campaign expenditures; limitations. 106.11 Expenditures by candidates and polit-

ical committees. 106.12 Petty cash funds allowed. 106.13 Expenditures allowed only from funds

on deposit. 106.14 No goods or services provided without

prior authorization. 106.15 Certain expenditures prohibited. 106.16 Limitation on certain rates and charges. 106.17 Polls, surveys, etc., acts prohibited, ex-

ceptions, penalty.

106.011 Definitions.-As used in this chap­ter, the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) "Candidate" means: (a) Any person who has filed his qualifica­

tion papers and subscribed to the candidate oath as required by §99.021; or

(b) Any person who has received contribu­tions or made expenditures, appointed a cam­paign treasurer, designated a campaign deposi­tory pursuant to this chapter, or given his con­sent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination or election to public office.

(2) "Political committee" means a combina­tion of two or more individuals, or a person other than an individual, the primary or incidental purpose of which is to support or oppose any candidate, issue, or political party or principle and which accepts contributions or makes ex­penditures during a calendar year in an aggre­gate amount in excess of five hundred dollars. Organizations which are determined by the department of state to be committees of contin­uous existence pursuant to §106.04 and political parties regulated by chapter 103 shall not be con­sidered political committees for the purposes of this chapter. Corporations regulated by chapter 608 or chapter 613 are not political committees if their political activities are limited to contribu­tions to candidates or political committees from corporate funds and if no contributions are received by such corporations.

(3) "Contribution" means: (a) A gift, subscription, conveyance, deposit,

payment, or distribution of money or anything of value, including contributions in kind having

106.18 When a candidate's name to be omitted from ballot.

106.19 Violations by candidates, political com­mittees, campaign treasurer.

106.20 Failure to submit reports; penalties. 106.21 Certificates of nomination or election

not to be issued upon conviction. 106.22 Duties of the division of elections. 106.23 Powers of the division of elections. 106.24 Florida elections commission; member-

ship; powers; duties. 106.25 Reports of alleged violations to depart­

ment of state; disposition of findings. 106.26 Powers of commission; rights and re­

sponsibilities of parties; findings by commission.

106.27 Determinations by commission; legal disposition by department of legal af­fairs .

106.28 Limitation of actions. 106.29 Reports by political parties.

an attributable monetary value in any form. (b) A transfer of funds between political

committees. (c) The payment by any person other than

a candidate or political committee of compensa­tion for the personal services of another person which are rendered to a candidate or political committee without charge to the candidate or committee for such services. Notwithstanding the foregoing meanings of "contribution," the word shall ~ot be construed to include services provided without compensa­tion by individuals volunteering a portion or all of their time on behalf of a candidate or political committee.

(4) "Expenditure" means a purchase, pay­ment, distribution, loan, advance, or gift of money or anything of value made for the pur­pose of influencing the results of an election.

(5) "Election" means any primary election, special primary election, general election, special general election, or municipal election held in this state for the purpose of nominating or elec­ting candidates to public office, choosing dele­gates to the national nominating conventions of political parties, or submitting an issue to the electors for their approval or rejection, pursuant to the state constitution, a general or special act of the legislature, or the charter of any political subdivision of this state.

(6) "Issue" means any proposition which is required by the state constitution, a general or special act of the legislature, or the charter of any political subdivision of this state to be sub­mitted to the electors for their approval or rejec­tion at an election.

(7) "Person" means an individual or a cor-

419

Ch.I06 CAMPAIGN FINANCING Ch.I06

poration, association, firm, partnership, joint stock company, club, organization, or other com­bination of individuals having collective capac­ity.

(8) "Campaign treasurer" means an indi­vidual appointed by a candidate or political com­mittee as provided in this chapter.

(9) "Public office" means any national, state, county, municipal, school or other district, precinct, or political party office or position that is filled by the voters.

(10) "Division" means the division of elec­tions of the department of state.

(11) "Communications media" means broad­casting stations, newspapers, magazines, out­door advertising facilities, printers, direct mail­ing companies, advertising agencies, and telephone companies; but with respect to tele­phones, an expenditure shall be deemed to be an expenditure for the use of communications media only if made for the costs of telephones, paid telephonists, *[or] automatic telephone equipment to be used by a candidate or a poli­tical committee to communicate with potential voters and excluding any costs of telephones in­curred by a volunteer for use of telephones by him.

History.-§1 , ch. 73-128. •Note.-"Or" substituted for "and" by the editors.

106.021 Campaign treasurers; deputies; pri­mary and secondary depositories.-

(l)(a) Each candidate for nomination or election to office and each political committee shall appoint a campaign treasurer. Candidates for offices voted upon on a statewide basis may appoint not more than fifteen deputy campaign treasurers, and all other candidates and all political committees may appoint not more than three deputy campaign treasurers. The names and addresses of all campaign treasurers and deputy campaign treasurers so appointed shall be filed with the officer before whom such can­didate qualifies or with whom a political com­mittee is required to file reports pursuant to §106.07.

(b) Each candidate and each political com­mittee shall also designate one primary cam­paign depository for the purpose of depositing all contributions received, and disbursing all ex­penditures made, by the candidate or political committee. The candidate or political committee may also designate one secondary depository in each county in which an election is held in which the candidate or committee participates. Secondary depositories shall be for the sole pur­pose of depositing contributions and forwarding the deposits to the primary campaign depository. Any bank authorized to transact business in this. state may be designated as a campaign deposi­tory. The candidate or political committee shall file the name and address of each primary and secondary depository so designated at the same time that, and with the-same officer with whom, the candidate or committee files the name of his

or its campaign treasurer pursuant to paragraph (a).

(c) Any campaign treasurer or deputy trea­surer appointed pursuant to this section shall be a registered voter in this state. An individual may be appointed and serve as campaign trea­surer of a candidate and a political committee or two or more candidates and political commit­tees. A candidate may appoint himself as his own campaign treasurer.

(2) A candidate or political committee may remove his or its campaign treasurer or any deputy treasurer. In case of the death, resigna­tion, or removal of a campaign treasurer before compliance with all obligations of a campaign treasurer under this chapter, the candidate or political . committee shall appoint a successor and certify the name and address of the succes­sor in the manner provided in the case of an original appointment.

(3) No contribution shall be received or ex­penditure made by or on behalf of a candidate or political committee until the candidate or political committee appoints a campaign trea­surer and certifies the name and address of the campaign treasurer pursuant to this section. Each candidate shall appoint his campaign trea­surer and file the name of such treasurer not later than . the day the candidate qualifies for office.

(4) No contribution or expenditure, includ­ing contributions or expenditures of a candidate himself or of his family, shall be directly or in­directly made or received in furtherance of the candidacy of any person for nomination or elec­tion to political office in the state or on behalf of any political committee except through the duly appointed campaign treasurer of the candi­date or political committee. However, expendi­tures may be made directly by any political com­mittee for obtaining time, space, or services in or by any communications media for the purpose of jointly endorsing six or more candidates, and any such expenditure shall not be considered a contribution or expenditure to or on behalf of any such candidates for the purposes of this chapter.

(5) Deputy campaign treasurers may ex­ercise any of the powers and duties of a cam­paign treasurer as set forth in this chapter when specifically authorized to do so by the campaign treasurer and the candidate, in the case of a can­didate, or the campaign treasurer and chairman of the political committee, in the case of a politi­cal committee.

History.-§2, ch. 73-128.

106.03 Registration of political committees.­(!) Each political committee which antici­

pates receiving contributions or making expendi­tures during a calendar year in an aggregate amount exceeding five hundred dollars shall file a statement of organization with the division of elections within ten days after its organization or, if later, within ten days after the date on

420

Ch.106 CAMPAIGN FINANCING Ch.106

which it has information which causes the com­mittee to anticipate that it will receive contribu­tions or make expenditures in excess of five hundred dollars. Each such committee in ex­istence on June 7, 1973 shall file a statement of organization with the division of elections at such time as the division prescribes, but no later than ninety days after that date. However, com­mittees required by the Federal Campaign Com­munications Act of 1971 (Public Law 92-225) to file statements of organization with federal of­ficials may file a duplicate copy of such state­ment in lieu of the statement required by this section.

(2) The statement of organization shall include:

(a) The name and address of the committee; (b) The names, addresses, and relationships

of affiliated or connected organizations; (c) The area, scope, or jurisdiction of the

committee; (d) The name, address, and position of the

custodian of books and accounts; (e) The name, address, and position of other

principal officers, including officers and mem­bers of the finance committee, if any;

(f) The name, address, office sought, and party affiliation of:

1. Each candidate whom the committee is supporting;

2. Any other individual, if any, whom the committee is supporting for nomination for elec­tion, or election, to any public office whatever;

(g) Any issue or issues such organization is supporting or opposing;

(h) If the committee is supporting the entire ticket of any party, *[a statement to that effect and] the name of the party;

(i) A statement of whether the committee is a continuing one;

(j) Plans for the disposition of residual funds which will be made in the event of dissolu­tion;

(k) A listing of all banks, safety deposit boxes, or other depositories used for committee funds; and

(1) A statement of the reports required to . be filed by the committee with federal officials, if any, and the names, addresses, and positions of such officials.

(3) Any change in information previously submitted in a statement of organization shall be reported to the division of elections within ten days following the change.

(4) Any committee which, after having filed one or more statements of organization, dis­bands or determines it will no longer receive con­tributions or make expenditures during the calendar year in an aggregate amount exceeding five hundred dollars shall so notify the division of elections.

History.-§3, ch, 73-128, •Note.- Bracketed words added by the editors in the interest of clarity.

(1) In order to qualify as a committee of continuous existence for the purposes of this chapter, a group, organization, association, or other such entity which is involved in making contributions to candidates must meet the fol­lowing criteria:

(a) It shall have been in continuous exis­tence for a period of at least two years prior to filing an application with the division of elec­tions pursuant to subsection (2);

(b) It must be organized and operated in ac­cordance with a written charter or set of bylaws which contains procedures for the election of of­ficers and directors and which clearly defines membership in the organization; and

(c) At least 25 percent of the income of such organization must be derived from dues *[or] assessments payable on a regular basis by its membership **[pursuant to] provisions con­tained in the charter or bylaws.

(2) Any group, organization, association, or other entity may seek certification from the de­partment of state as a committee of continuous existence by filing an application with the divi­sion of elections on a form provided by the divi­sion. Such application shall provide the infor­mation required of political committees by §106.03(2). Each application shall be accom­panied by a membership list containing the name and street address of every person who is a member of the applying entity as of the date of the application, a copy of the charter or by­laws of the organization, and a complete finan­cial statement summarizing all income received and all expenditures incurred by the organiza­tion during the twenty-four months preceding the date of application. .

(3) The division of elections shall forward each application and the accompanying mate­rials to the department of state. If the depart­ment of state finds that an applying organiza­tion meets the criteria for a committee of continuous existence as provided by subsection (1), it shall certify such finding to the division of elections and shall notify the applying organi­zation of such certification. If it finds that an applying organization does not meet the criteria for certification, it shall notify the organization of such findings and shall state the reasons why such criteria are not met.

106.04

(4) Each committee of continuous existence shall file an annual report with the division of elections between June 15 and July 30 of each year. Such annual reports shall contain the same information and shall be accompanied by the same materials as original applications filed pursuant to subsection (2). In addition to such annual report, each committee shall file regular reports with the division of elections at the same times that reports are required of candidates by §106.07(1). A duplicate copy of each report shall be filed with the clerk of the circuit court in the county in which the committee maintains its books and records. Reports shall be on forms

Committeesofcontinuousexistence.- provided by the division and shall contain the 421

Ch.106 CAMPAIGN FINANCING Ch.106

following information: (a) The full name, residence, mailing ad­

dress, and occupation of each person who has made one or more contributions to the committee during the reporting period, together with the amounts and dates of such contributions;

(b) The name and address of each political committee or committee of continuous existence from which the reporting committee received, or to which it made, any transfer of funds , together with the amounts and dates of all transfers;

(c) Any other receipt of funds not listed in paragraphs (a) or (b), including the sources and amounts of all such funds;

(d) The name, address, and office sought by each candidate to whom the committee has made a contribution during the reporting period, together with the amount and date of each con­tribution. The treasurer of each committee shall certify as to the correctness of each report and shall bear the responsibility for its accuracy and veracity. Any treasurer who willfully certifies to the correctness of a report while knowing that such report is incorrect, false, or incomplete shall be guilty of a felony of the third degree and punished as provided in §775.082, §775.083, or §775.084.

(5) No committee of continuous existence shall contribute to any candidate or to any polit­ical committee in excess of the limits contained in §106.08(1) [F. S. 1973] or participate in any other activity which is prohibited by this chap­ter. If violations do occur, they shall be punish­able as provided in this chapter for the given offense. No funds of a committee of continuous existence shall be expended on behalf of a can­didate except by means of a contribution made through the duly appointed campaign treasurer of a candidate. No such committee shall make expenditures in support of, or in opposition to, an issue unless such committee first registers as a political committee pursuant to this chapter and undertakes all the practices and procedures required thereof.

(6) All accounts and records of a committee of continuous existence may be inspected under reasonable circumstances by any authorized representative of the division of elections or the state elections commission. The right of inspec­tion may be enforced by appropriate writ issued by any court of competent jurisdiction.

(7) If a committee of continuous existence ceases to meet the criteria prescribed by subsec­tion (1), the department of state shall revoke its certification until such time as the criteria are again met.

History.-§4, ch. 73-128. •Note.- "Or" substituted for "and" by the editor s. ••Note.- Bracketed words added by the editors.

106.05 Deposit of contributions; statement of campaign treasurer.-All funds received by the campaign treasurer of any candidate or political committee shall, prior to the end of the second business day following the receipt there-

of (Sundays and holidays excluded), be deposited in a campaign depository designated pursuant to §106.021 in an account designated "Cam­paign Fund of (name of candidate or commit­tee)." A detailed statement showing the names, residences, and mailing addresses of the persons contributing or providing funds so deposited, to­gether with a statement of the amount received from or provided by each person, shall accom­pany all deposits so made by the campaign trea­surer. Cash contributions shall also be accom­panied by the receipt form required by §106.09. Such statement shall be in triplicate upon a form prescribed by the division of elections, one copy to be retained by the campaign depository for its records, one copy to be filed by the depository as set forth in §106.07, if applicable, and one copy to be retained by the campaign treasurer for his records. Statements shall be certified as correct by the campaign treasurer. If a contribu­tion is deposited in a secondary campaign de­pository, the depository shall forward the full amount of the deposit, along with a copy of the statement accompanying the deposit, to the pri­mary campaign depository prior to the end of the first business day following the deposit.

History .-§5, ch. 73-128.

106.06 Treasurer to keep records; inspec­tions.-

(1) The campaign treasurer of each candi­date and each political committee shall keep de­tailed accounts, current within not more than two days after the date of receiving a contribu­tion or making an expenditure, of all contribu­tions received and all expenditures made by or on behalf of the candidate or political committee­that are required to be set forth in a statement filed under this chapter.

(2) Accounts kept by the campaign trea­surer of a candidate or political committee may be inspected under reasonable circumstances be­fore, during, or after the election to which the accounts refer by any authorized representative of the division of elections or the state elections commission. The right of inspection may be en­forced by appropriate writ issued by any court of competent jurisdiction. The campaign trea­surer of a political committee supporting a can­didate may be joined with the campaign trea­surer of the candidate as respondent in such a proceeding.

422

(3) Accounts kept by a campaign treasurer of a candidate shall be preserved by the cam­paign treasurer for a number of years equal to the term of office of the office to which the can­didate seeks election. Accounts kept by a cam­paign treasurer of a political committee shall be pr!lseryed by su~h treasurer for at least two years after the date of the election to which the accounts refer or at least one year after the date the last supplemental statement is filed under §106.07, whichever is later.

History.-§6, ch. 73-128.

Ch. 106 CAMPAIGN FINANCING Ch. 106

106.07 Reports; certification and filing.­(1) Each campaign treasurer designated by

a candidate or political committee pursuant to §106.021 shall file regular reports of all contribu­tions received and all expenditures made by or on behalf of such candidate or political commit­tee. Reports shall be filed on the first Monday of each calendar quarter from the time the cam­paign treasurer is appointed until the fortieth day preceding an election in which the candidate seeks nomination or election to office or in which the political committee seeks to influence the results through the expenditure of funds, which­ever may be applicable. Beginning on the forti­eth day preceding such election, reports shall be filed on Monday of each week preceding the elec­tion, with a final preelection report filed on the fifth day immediately preceding the election.

(2) All reports required of a candidate by this section shall be filed with the officer before whom the candidate is required by law to qual­ify. Reports shall be filed not later than noon of the day designated. All such reports shall be open to public inspection. A duplicate copy, duly certified, shall be filed at the same time with the clerk of the circuit court in the county in which the candidate resides, unless under the provi­sions of this subsection the original reports are filed with such clerk. Any report which is deemed to be incomplete by the officer to whom it is submitted shall be accepted on a conditional basis, and the campaign treasurer shall be noti­fied by registered mail as to why the report is incomplete and be given forty-eight hours from receipt of such notice to file an addendum to the report providing all information necessary to complete the report in compliance with this sec­tion. Failure to file a complete report after such notice shall constitute a violation of this chapter.

(3) Reports required of a political committee shall be filed with the division of elections if such committee is supporting or opposing a can­didate for statewide office or advocating the ac­ceptance or rejection of an issue to be voted on in a statewide election. If such political commit­tee is supporting or opposing a candidate for dis­trictwide (multicounty) office or is advocating the acceptance or rejection of an issue to be voted on in an election to be held in more than one county, such reports shall be filed with the clerk of the circuit court of each county in which the election is to be held, and a duplicate copy shall be filed with the division of elections. If such political committee is supporting or oppos­ing a candidate for countywide office or for any office on less than a countywide basis, or is advocating the acceptance or rejection of an issue to be voted on in a countywide election or in any election on less than a countywide basis, such reports shall be filed with the clerk of the circuit court of the county in which such election is being held, and a duplicate copy shall be filed with the division of elections. Incomplete reports by political committees shall be treated in the manner provided for incomplete reports by can-

didates in subsection (2). (4) Each report required by this section

shall contain the following information: (a) The amount of funds on deposit at the

beginning of the reporting period; (b) The full name, residence, if any, mailing

address, occupation, and principal place of busi­ness, if any, of each person who has made one or more contributions to or for such committee or candidate within the reporting period, to­gether with the amount and date of such contri­butions;

(c) The name and address of each political committee from which the reporting committee or the candidate received, or to which that com­mittee or candidate made, any transfer of funds, together with the amounts and dates of all trans­fers;

(d) Each loan for campaign purposes to or from any person or political committee within the reporting period, together with the full names, addresses, occupations, and principal places of business, if any, of the lender and en­dorsers, if any, and the date and amount of such loans;

(e) The total amount of proceeds from: 1. Sales of tickets to each dinner, luncheon,

rally, or other fundraising event regulated by §99.193 [F. S. 1973], and

2. Sales of such items as political campaign pins, buttons, badges, flags, ~mblems, hats, ban­ners, literature, and similar materials;

(f) Each contribution, rebate, refund, or other receipt not otherwise listed under para­graphs (b) through (e);

(g) The total sum of all receipts by or for such committee or candidate during the report­ing period;

(h) The full name, residence, if any, mailing address, occupation, and principal place of busi­ness, if any, of each person to whom expendi­tures have been made by or on behalf of the com­mittee or candidate within the reporting period; the amount, date, and purpose of each such ex­penditure; and the name and address of, and of­fice sought by, each candidate on whose behalf such expenditure was made. However, expendi­tures made from the petty cash fund provided by §106.12 need not be reported individually;

(i) The full name, mailing address, occupa­tion, and principal place of business, if any, of each person to whom an expenditure for per­sonal services, salary, or reimbursed expenses has been made and which is not otherwise reported, including the amount, date, and pur­pose of such expenditure. However, expenditures made from the petty cash fund provided by §106.12 need not be reported individually;

(j) The total amount withdrawn and the total amount spent for petty cash purposes pur­suant to this chapter during the reporting period;

(k) The total sum of expenditures made by such committee or candidate during the report­ing period;

(1) The amount and nature of debts and obli-

423

Ch.106 CAMPAIGN FINANCING Ch.106

gations owed by or to the committee or. c_andidate which relate to the conduct of any pohtiCal cam­paign.

(5) A final report shall be filed forty-five days after the last election in a given election year in which a candidate or political committee participates. If such final statement shows an unexpended balance of contributions or an ex­penditure deficit, the political treasurer of ~he candidate or political committee shall file With the division of elections a supplemental state­ment of contributions and expenditures not more than thirty days after the deadline for filing the final statement, and an additional supplemental statement of contributions and expenditures shall be filed every sixty days after the deadline for filing the first supplemental statement. Such supplemental statements shall be filed every sixty days until the account shows no unex­pended balance of contributions or expenditure deficit. If such final statement shows debts and obligations which relate to the conduct ?f any political campaign, there shall be a contmuous reporting of these de~ts and oblig~ti.o~s after the election at such penods as the divisiOn of elec­tions may require until such debts and obliga­tions are extinguished.

(6) The candidate and. his campaign .t~ea­surer in the case of a candidate, or the political com~ittee chairman and campaign treasurer of the committee, in the case of a political commit­tee shall certify as to the correctness of each re­po~t, and each person so certifying shall b~ar the responsibility for the accuracy and veracity of each report. Any campaign treasurer, can­didate, or political committee chairman who w~ll­fully certifies the correctness of any report while knowing that such report is incorrect, false, or incomplete shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084. .

(7) Within forty-five da~~ after eac~ elect10n in which a candidate or political committee par­ticipates, each designated cami?8fgn deposi~ory of each such candidate or political committee shall file either the originals or true copies of all the deposit slips filed with the said depository by the campaign treas1:1rer. and the original~ or true copies of all authonzations by the campaign treasurer upon which funds were withdrawn from said depository. Information by deposi­tories shall be filed with the officer before whom the candidate whose account the depository carries is required to qualify or the primary of­ficer with whom the political committee files the reports required by this section, as the case may be.

History.-§?, ch. 73·128.

106.08 Contributions; limitations on.-(1) No person or political ~ommittee ~l_lall

make contributions to any candidate or pohtlcal committee in this state, in moneys, material, or supplies or by way of loan, in excess of the fol­lowing amounts:

(a) To a candidate for countywide office or to a candidate in any election *[conducted] on less than a countywide basis, one thousand dol­lars.

(b) To a candidate for legislative or multi­district office, one thousand dollars.

(c) To a candidate for statewide office, three thousand dollars.

(d) To any political committee in support of, or in opposition to, an issue to be voted on in a statewide election, three thousand dollars.

(e) To any political committee in support ~f, or in opposition to, an issue to be voted on m a countywide or districtwide election, one thou­sand dollars.

(f) To a political committee supporting one or more candidates, one thousand dollars. The contribution limits provided in paragraphs (a) through (f) shall not apply to contributions made by political parties regulated by chapter 103 or to amounts contributed by a candidate to his own campaign. The -limitations provided by this subsection shall apply to each election in which a candidate or ·political committee par­ticipates. For purposes of this subsection the first primary, second primary, and general elec­tion shall be deemed separate elections or elec­tion time segments, whether or not the candidate has opposition in the respective elections.

(2) Any contribution received by the cam­paign treasurer or a deputy treasurer less than five days prior to an election in which a can­didate or political committee participates shall be returned by him to the person or political com­mittee contributing it and shall not be used or expended by or on behalf of a candidate or political committee. Any contribution which is not reported on or prior to the ·final preelection campaign report required by §106.07(1) shall not be expended in the election to which such report refers.

**(3) No person shall give, furnish, or con­tribute money, material, or supplies, or make loans, in support of a candidate for election or nomination or in support of or in opposition to an issue, or to any political committee, through or in the name of another, directly or indirectly, in any primary or general election or in any elec­tion at which an issue is presented to the electors for their approval or rejection. The solicitation from and contributions by, candidates, political com~ittees, and party executive committees to any religious, charitable, civic, eleemosynary, or other causes or organizations established pri­marily for the public good is expressly prohib­ited. However, it shall not be construed as a vio­lation of this subsection for a candidate to con­tinue regular personal contributions to religious, civic, or charitable groups of which he is a mem­ber or to which he has been a regular contributor for more than six months.

(4) Any person knoWingly and willfully making a contribution in violation of this sec­tion shall be guilty of a misdemeanor of the first

424

Ch.106 CAMPAIGN FINANCING Ch.106

degree, punishable as provided in §775.082 or §775.083. If any corporation, partnership, or other business entity is convicted of knowmgly and willfully violating this section, it shall be fined not less than $1,000 and not more than $10,000. If it is a domestic entity, it may be ordered dissolved by a court of competent juris­diction; if it is a foreign or nonresident business entity, its right to do business in this state may be forfeited. Any officer, partner, agent, at­torney, or other representative of a corporation, partnership, or other business entity who aids, abets, advises, or participates in a violation of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.-082 or §775.083.

(5) Any person found guilty of knowingly and willfully violating the provisions of this sec­tion shall, in addition to any other penalty pre­scribed by this chapter, pay to the state a sum equal to twice the amount contributed in viola­tion of this chapter. Each campaign treasurer shall pay all amounts contributed in violation of this section to the state for deposit in the gen­eral revenue fund.

History.-§8, ch. 73-128. *Note.-"Conducted" substituted for "voted upon" by the editors. ••Note.-Subsection (3) substantially edited in the interest of clarity.

106.09 Receipts for cash contributions.­(!) No person shall make a cash contri­

bution in excess of one hundred dollars unless the contribution is accompanied by a contribu­tion statement on a form approved by the divi­sion of elections. Such statement shall contain the following information:

(a) The full name, residence, mailing ad­dress, occupation, and place of business of the contributor.

(b) The date on which the contribution was made and the name of the person who received the contribution on behalf of the candidate or political committee.

(c) The exact amount of the contribution. (d) A statement of the penalty for failing to

report any such cash contributions made or for deliberately filing a false statement.

(e) A statement by the contributor that the information contained therein is true to the best of his knowledge.

(f) The signature of the contributor. (2) It shall be the duty of each candidate or

each political committee to furnish in triplicate the form described in subsection (1) to each per­son contributing cash in excess of one hundred dollars. One copy of the form shall be sent to the primary filing officer by the campaign trea­surer; one copy shall be retained by the contrib­utor; and one copy shall be filed with the deposi­tory at the time the contribution is deposited.

(3) Any person required by subsection (1) of this section to submit a statement of cash con­tributions who knowingly and willfully fails to submit such a statement or who knowingly and willfully files an inaccurate statement shall be guilty of a misdemeanor of the first degree

punishable 775.083.

as

History .-§9, ch. 73-128.

provided m §§775.082 and

106.10 Campaign expenditures; limita-tions.-

(1) No candidate for nomination or election to the offices of governor, lieutenant governor, or any other office elected from the state at large, the state senate or house of representatives, or any other office, including judicial office, elected either by district or countywide, or any munic­ipal office, or any person, campaign treasurer or deputy campaign treasurer, political committee, political party, or other organization acting on behalf of such candidate with his knowledge, shall expend any funds or incur any obligation or expenditure of funds on behalf of his nomina­tion or election in excess of the following:

(a) For the offices of governor and lieuten­ant governor, the maximum allowable expendi­ture of funds by any candidate shall be two hundred fifty thousand dollars for the first pri­mary, two hundred fifty thousand dollars for the second primary, and three hundred fifty thou­sand dollars for the general election. For the pur-· poses of this subsection, the candidates for the offices of governor and lieutenant governor shall be considered a single candidacy.

(b) For any other office elected by the state at large, the maximum allowable expenditure of funds by each candidate shall be one hundred fifty thousand dollars for the first primary, one hundred fifty thousand dollars for the second primary, and two hundred fifty thousand dollars for the general election.

(c) For the state senate the maximum allow­able expenditure of funds by each candidate shall be twenty-five thousand dollars for the first primary, fifteen thousand dollars for the second primary, and twenty-five thousand dollars for the general election. ·

(d) For the house of representatives, the maximum allowable expenditure of funds by each candidate shall be fifteen thousand dollars for the first primary, fifteen thousand dollars for the second primary, and twenty-five thousand dollars for the general election.

(e) For any other office, excluding judicial office, and state attorneys and public defenders elected either by district or countywide, or any municipal office, the maximum allowable ex­penditure of funds by each candidate shall be fifteen thousand dollars in the first primary, fifteen thousand dollars for the second primary, and twenty-five thousand dollars for the general election.

(f) For the office of state attorney and public defender the maximum allowable expenditure of funds by each candidate shall be twenty-five thousand dollars for the first primary, fifteen thousand dollars for the second primary, and twenty-five thousand dollars for the general elec­tion.

(g) For judicial offices the maximum allow-

425

Ch. 106 CAMPAIGN FINANCING Ch.106

able expenditure of funds by each candidate shall be as follows:

1. For the office of justice of the supreme court, one hundred thousand dollars for the first nonpartisan election and one hundred thousand for the second nonpartisan election.

2. For the office of judge of the district court of appeals, forty-five thousand dollars for the first nonpartisan election and forty-five thou­sand dollars for the second nonpartisan election.

3. For the office of the judge of the circuit court, twenty thousand dollars for the first non­partisan election and twenty thousand dollars for the second nonpartisan election.

4. For the office of county court judge, twenty thousand dollars for the first nonpar­tisan election and twenty thousand dollars for the second nonpartisan election. The limits provided by paragraphs (a) through (d) shall apply to the period of time preceding the election to which a given limit relates. In no event shall this section be construed so as to allow expenditure of funds by a candidate for a given election in excess of the amount specified for that election. However, a legitimate expendi­ture made by a candidate during either the first or second primary of a campaign which pro­duces a continuing benefit to the candidate through the general election and which by its nature is not capable of allocation among the primary elections and the general election shall not be considered an expenditure in excess of the limit provided by this chapter.

(2) In the event that contributions are made to a candidate in excess of the amounts per­mitted to be expended in the last election in which that candidate participates, the excess shall be escheated to the state and shall be re­mitted to the department of state within sixty days after the last election in which the candi­date participates. The excess campaign contribu­tions so escheated shall be deposited in the general revenue fund.

(3) Expenditures made by a political com­mittee for obtaining time, space, or services by any communications media for purposes of jointly endorsing six or more candidates are not expenditures *[as are] attributable to the ex­pense limits of individual candidates on such slate.

History.-§10, ch. 73-128. •Note.-Bracketed words were added by the editors.

106.11 Expenditures by candidates and political committees.-Each candidate and each political committee designating designated pri­mary campaign depositories pursuant to §106.-021(1) shall make expenditures only from funds on deposit in such primary campaign depository and only in the following manner, with the ex­ception of expenditures made from petty cash funds provided by §106.12:

(1) The campaign treasurer or duly autho­rized deputy campaign treasurer of a candidate or political committee shall deliver an authoriza-

tion voucher to the person or firm providing goods or services to the candidate or political committee for which funds are to be expended. The authorization voucher shall be in a form ap­proved by the division of elections and shall con­tain the following information:

(a) The exact amount of funds authorized to be expended by such voucher.

(b) The exact nature, amount, or extent of goods or services to be rendered in consideration of such funds.

(c) A statement by the campaign treasurer or deputy treasurer that:

1. The amount authorized to be paid is the full amount to be rendered for the goods or services stated and that the goods or services stated is the amount or extent of goods or services to be rendered for the amount to be paid.

2. There are sufficient funds on deposit in the primary depository to pay the amount autho­rized in the voucher.

3. Such an expenditure will not be in viola­tion of the expense limitations provided by §106.10 [F. S. 1973].

(d) The signature of the campaign treasurer or deputy treasurer authorizing the expenditure.

(2) The provider of goods or services shall present such authorization voucher to the pri­mary depository for payment from the account of the candidate or political committee authoriz­ing the expenditure. The provider of goods or services shall certify in writing in a space pro­vided on the voucher that all the information contained on such voucher is true and complete to the best of his knowledge, and shall sign such certification.

(3) If the primary depository finds an autho­rization voucher to be complete and in order, it shall render payment in the amount authorized by the voucher from the account of the candidate or political committee authorizing the expendi­ture. If the voucher is not in order, the priq1ary depository shall return the forms to the provider of goods or services and immediately file a com­plete report of the occurrence with the division of elections.

History.-§11 , ch. 73-128.

106.12 Petty cash funds allowed.-(1) Beginning on the fortieth day preceding

an election in which a candidate or political com­mittee intends to participate, the campaign trea­surer of each candidate or each political' commit­tee is authorized to withdraw the following amount each week from the primary depository for the purpose of providing a petty cash fund for the candidate or political committee:

(a) For all candidates for nomination or election on a statewide basis, one thousand dol­lars per week.

(b) For all other candidates and all political committees, two hundred dollars per week.

(2) The petty cash fund so provided may be spent for office supplies, transportation ex­penses, and other necessities in an amount of

426

Ch. 106 CAMPAIGN FINANCING Ch.106

less than twenty dollars. Petty cash shall not be used for the purchase of time, space, or ser­vices from communications media as defined in §106.011(11).

History.-§12, ch. 73·128.

106.13 Expenditures allowed only from funds on deposit.- No campaign treasurer or deputy campaign treasurer shall authorize the incurring of any expense for any purpose unless there are funds on deposit in the primary cam­paign depository to the credit of the account known as the campaign fund of the person, political committee, or other organization suf­ficient to pay the amount of the expenses so authorized, together with all other expenses pre­viously authorized, or unless such expense is to be paid from petty cash on hand as provided by §106.12. Any such expenses incurred or autho­rized or official campaign treasurer's reports thereof in excess of such funds on deposit shall constitute a violation of this chapter.

History.-§13, ch. 73-128.

106.14 No goods or services provided with­out prior authorization.-

(!) Except as provided by subsection (2), no person, corporation or other business entity, political committee, or other group or organiza­tion shall provide goods or render services for consideration to any candidate or political com­mittee unless such provision of goods or rendi­tion of services is first authorized in the manner provided by §106.11 or unless the expense is to be paid from petty cash on hand as provided by §106.12. Any provider of goods or services who knowingly renders such goods or services with­out first receiving an authorization voucher or knowingly renders goods or services in excess of the expenditure or amount of goods or services authorized by such form shall be in violation of this chapter.

(2) Authorization vouchers for expenditures to public utilities for telephone, electric, gas, water, and like services shall be issued when the bill for such services is received if the candidate or political committee receiving such services has deposited with the utility an amount which such public utility estimates as being sufficient to meet all charges for a given billing period.

(3) If any corporation, partnership, or other business entity is convicted of knowingly and willfully violating this section, it shall be fined not less than $1,000 and not more than $10,000. If it is a domestic corporation, partnership, or other business entity, in addition to such fine and penalty, it may be dissolved; and, if a for­eign or nonresident corporation, partnership, or other business entity, its right to do business in this state may be declared forfeited.

(4) Any officer, partner, employee, agent, or attorney or other representative of a corporation, partnership, or other business entity who know­ingly and willfully aids, abets, in a violation of this section shall be guilty of a misdemeanor of

the first degree and punished as provided in §775.082 or §775.083.

(5) Any individual knowingly and willfully violating the provisions of this section shall be guilty of a misdemeanor in the first degree and punished as provided in §775.082 or §775.083.

History.-§14, ch. 73-128.

106.15 Certain expenditures prohibited.­(!) No person, candidate, political party,

political committee, or person acting on behalf of another shall, prior to qualifying for office, directly 01: indirectly make any expenditure in furtherance of any candidacy for the following purposes:

(a) Advertising on radio or television; (b) Advertising in newspapers, magazines,

or periodicals; (c) Advertising on billboards, banners, or

streamers; (d) Advertising on campaign literature or

any other printing; or (e) Renting of hall in which to address the

public. However, a person, candidate, political party, political committee, or person acting on behalf of another shall be permitted to reserve, but make no use of, advertising time and space prior to qualifying for office.

(2) No person shall pay money or give any­thing of value for the privilege of speaking at a political meeting in the furtherance of his can­didacy, nor shall anyone speaking for such a person pay money or give anything of value for such privilege.

(3) If any corporation, partnership, or other business entity is convicted of knowingly and willfully violating this section, it shall be fined not more than $10,000, and, if a domestic corpor­ation, partnership, or other business entity, in addition to such fine and penalty, it may be dis­solved; if a foreign or nonresident corporation, partnership, or other business entity, its right to do business in this state may be declared for­feited.

(4) Any officer, partner, employee, agent, or attorney or other representative of a corporation, partnership, or other business entity who know­ingly and willfully aids or abets in a violation of this section shall be guilty of a misdemeanor of the first degree and punished as provided in §775.082 or §775.083.

(5) Any individual violating the provisions of this section shall be guilty of a misdemeanor in the first degree and punished as provided in §775.082 or §775.083.

History.-§15, ch. 73·128.

106.16 Limitation on certain rates and charges.-

(1) No person or corporation with~n .the state publishing a .newspape~ ?r other.penod1cal or operating a rad10 or television statwn or net­work of stations in Florida shall charge a can­didate for state or county public office for polit-

427

Ch.106 CAMPAIGN FINANCING Ch.106

ical advertising or for political broadcasts at a rate in excess of the lowest local rate available to advertisers otherwise qualifying for maximum frequency discounts, bulk discounts, and adver­tising packages, including any cash discounts allowed; nor shall such a person or corporation charge one political candidate in a county a higher rate than another political candidate; and no candidate or political committee shall pay for political advertising or broadcasts any rate or charge in excess of the lowest local rate avail­able to advertisers otherwise qualifying for maximum frequency discounts, bulk discounts and advertising packages, including any cash discounts allowed.

(2) Violations of this · section are punishable as provided in §106.15(3), (4), and (5) [F. S. 1973].

History.-§16, ch. 73-128.

106.17 Polls, surveys, etc., acts prohibited, exceptions, penalty.-

(1) No person or public officeholder, in the furtherance of his candidacy for nomination or election for public office in any election, shall himself, or by any other person or state or county executive committee or other political committee, or on behalf of any person, directly or indirectly, give, pay, or expend any money, give or pay anything of value, or authorize any expenditures *[or] become pecuniarily liable for any Qolitical poll, survey, index, or measurement of any kind, or the publication, production, or distribution thereof, relating to candidacy for public office.

(2) No person shall solicit, either directly or indirectly, from any candidate for nomination or election for public office, or from any public of­ficeholder, any money or thing of value for the conduct of any poll, survey, or index of measure­ment of any kind or the endorsement by any per­son, political committee, or group or the publica­tion, production or distribution thereof, relating to candidacy for public office.

(3) This section shall not apply to any poll conducted by the candidate himself or by a political c~mmittee_ wh~n the candid~te. or .P~lit­ical committee mamtams complete JUrisdiCtiOn over the said poll in all its aspects, including control of the manner, method, time, and adver­tisement thereof.

(4) No person or public officeholder, in the furtherance of his candidacy for nomination or election for public office in any election, shall use any state-owned aircraft as provided in chapter 287.

(5) No person or public officeholder, in the furtherance of his candidacy for nomination or election for public office in any election, shall use the services of any officer or employee of the state during working hours.

(6) Any person violating the provisions of this section shall be guilty of a misdemeanor of the first degree and punished as provided in §775.082 or §775.083.

History.-§17, ch. 73-128. •Note.-"Or" substituted for "to" by the editors.

106.18 When a candidate's name to be omit­ted from ballot.-

(1) The name of a candidate shall not be printed on the ballot for an election if the can­didate or his campaign treasurer has been con­victed of violating §106.19 [F. S. 1973].

(2) A vacancy on an official ballot under this section may be filled in the manner provided by law, but not by the name of the candidate.

(3) No certificate of election shall be granted to any candidate until all preelection reports re­quired by §106.07 [F. S. 1973] have been filed in accordance with the provisions of §106.07 or §106.20.

History .-§18, ch. 73-128.

106.19 Violations by candidates, political committees, campaign treasurer.-

(1) Any candidate, campaign treasurer or deputy treasurer of any candidate, or committee chairman, vice-chairman, campaign treasurer, or deputy treasurer of any political committee who knowingly and willfully:

(a) Accepts a contribution prohibited by §106.08 [F. S. 1973];

(b) Fails to report any contribution required to be reported by this chapter;

(c) Falsely reports or deliberately fails to in­clude any information required by this chapter;

(d) Makes any expenditure in excess of the amounts provided in §106.10 [F. S. 1973], any expenditure in excess of funds on deposit as pro­vided in §106.13 [F. S. 1973], or any other ex­penditure prohibited by this chapter; or

(e) Makes any expenditure in any manner other than that provided by this chapter; shall be guilty of a misdemeanor of the firs\­degree and punished as provided in §775.082 or §775.083.

(2) Any candidate, campaign treasurer, or deputy treasurer or any chairman or vice-chair­man of any political committee who violates paragraphs (a), (b), (d), or (e) of subsection (1) shall be subject to a civil penalty equal to three times the amount involved in the illegal act. Such penalty may be in addition to the penalties provided by subsection (1) and shall be paid into the general revenue fund of this state.

History.-§19, ch . 73-128.

106.20 Failure to submit reports; penalties.­If any campaign treasurer fails to submit a re­port required by §106.07 [F. S. 1973], the filing officer who is to receive such report shall send a notice to the campaign treasurer by registered mail with return receipt requested, stating that

·such report is overdue and ordering such trea­surer to file the report not later than 5 p.m. of the second business day after the notice is re­ceived. Copies of such notice shall be mailed in a like manner to the candidate or the chairman of the political committee appointing such trea-

428

Ch. 106 CAMPAIGN FINANCING Ch.106

surer. Willful failure to submit such reports prior to the time designated in the notice shall consti­tute a violation of this section and is punishable as provided in §106.19 [F. S. 1973].

History.-§20, ch. 73-128.

106.21 Certificates of nomination or election not to be issued upon conviction.-

(!) If a successful candidate is convicted of violating §106.19 [F. S. 1973] prior to the issu­ance of his certificate of nomination or election such certificate shall not be issued, and a vacan~ cy shall be declared and filled as provided by law.

(2) If a successful candidate is convicted of yiolating §106.19 ~~· S. 1973l subsequent to the Issuance of a certifiCate of e ection but prior to taking office, such certificate shall be rescinded by the issuing body and declared void, and a vacancy in office shall exist and be filled as pro­vided by law.

History.-§21 , ch. 73-128.

106.22 Duties of the division of elections.­It shall be the duty of the division of elections to:

(1) Prescribe forms for statements and other information. required to be filed by this chapter and to fumish these forms to persons required to file such statements and information.

(2) Prepare and publish a manual prescrib­ing a uniform system for accounts for use by per­sons required by this chapter to file statements.

(3) Accept and file any information volun­tarily supplied that exceeds the requirements of this chapter. . (4) Develop a filing, coding, and cross-index­mg system consonant with the purposes of this chapter.

(5) Make statements and other information filed. with it. available for public inspection and copymg durmg regular office hours and to make copying facilities available at a charge not to exceed actual cost.

(6) Preserve such statements and other in­fo~ation for a period of ten years from date of receipt.

(7) Prepare and publish summaries of the statements received.

(8) Prepare and publish an annual report, including: . (a) Compilati?ns of total reported contribu­~wns and ~xpenditures for all candidates, polit­Ical committees, and other persons during the year.

(b) Total amounts expended according to such categories as it shall determine and broken dow~ into candidate, party, and nonparty ex­penditures on the state and local levels.

(c~ ~otal amounts expended for influencing nommatwns and elections, stated separately.

(d) Tota~ amounts contributed, according to such categones of amounts as it shall determine and broken down into contributions on the state a~d local levels for candidates and political com­mittees.

(e) Aggregate amounts contributed in ex­cess of one hundred dollars.

(9) Prepare and publish from time to time special reports comparing the various totals and expenditures made with respect to preceding elections.

~10) Prepare and publish such reports as it may deem appropriate.

(11) Assure wide dissemination of statistics summaries, and reports prepared under thi~ chapter.

(12) Make, from time to time audits and field investigations with respect t~ reports and statements filed under the provisions of this chapter and with respect to alleged failures to file any report or statement required under the provisions of this chapter. . (13) In~estigate apparent or alleged viola­tw~s. of this chapter .and recommend legal dis­position of the vwlatwn as provided in §106.25 [F. S. 1973].

(14) Employ such personnel or contract for such services as are necessary to adequately carry out the intent of this chapter.

(15) Pr~vide adequate staffing and facilities for the Flonda elections commission created by §106.24.

(16) Prescribe suitable rules and regulations to carry out the provisions of this chapter. Such rules shall be prescribed pursuant to chapter 120.

(17) Make an annual report to the legisla­ture concerning activities of the division and recommending improvements in the election code.

History .-§22, ch. 73-128.

106.23 Powers of the division of elections.­ln order to carry out the responsibilities pre­scribed by this chapter, the division of elections is empowered to subpoena and bring before its duly authorized representatives any person in the state and to require the production of any papers, books, or other records relevant to any investigation, including the records and ac­counts of any bank or trust company doing business in this state. Duly authorized repre­sentatives of the division are empowered to ad­minister all oaths and affirmations in the man­ner prescribed by law to witnesses who shall appear before them concerning any relevant matter. Should any witness fail to respond to the lawful subpoena of the division, or, having re­sponded, fail to answer all lawful inquiries or to turn over evidence that has been subpoenaed, the division may file a complaint before any circuit court of the state setting up such failure on the part of the witness. On the filing of such complaint, the court shall take jurisdiction of the witness and the subject matter of said complaint and shall direct the witness to respond to all law­ful questions and to produce all documentary evidence in his possession which is lawfully de­manded. The failure of any witness to comply with such order of the court shall constitute a

429

Ch.I06 CAMPAIGN FINANCING Ch.106

direct and criminal contempt' of court, and. the court shall punish said witness accordingly. However, the refusal by a witness to answer in­quiries or turn over evidence on the basis that such testimony or material will tend to incrim­inate such witness shall not be deemed refusal to comply with the provisions of this chapter. The division of elections shall provide advisory opinions when requested by any candidate or political party relating to any provisions or possible violations of this chapter. Any person or political party acting in good faith upon such an advisory opinion shall not be subject to any criminal penalty provided for in this chapter.

History.-§23, ch. 73·123.

106.24 Florida elections commission; mem­bership; powers; duties.-

(1) There is created within the department of state a Florida Elections Commission, herein­after referred to as the commission. It shall be composed of seven members, unless the member­ship is increased pursuant to subsection (2), six of whom shall be appointed by the governor with the approval of three members of the cabinet and subject to confirmation by the senate. Mem­bers of the commission appointed by the gover­nor shall serve for four-year terms except that, of the original appointees, three members shall be appointed for terms of two years each and their successors shall be appointed for full four­year terms. The chairman of the commission shall serve for a term of three years. Vacancies on the commission shall be filled for the unex­pired terms in the manner of the original ap­pointment to the vacated position. Members of the commission may be reappointed to succeed themselves. Members of the commission shall be paid travel and per diem as provided in §112.061 while in performance of th~ir duties and in traveling to, from, and upon same.

(2) In making the original appointments to the commission, the governor shall appoint three persons each from a list of at least fifteen names submitted by the chairman of the state executive committee of each political party in the state which had cast for its candidate for president and vice-president in the last election more than 10 percent of the total vote cast for president and vice-president in the state, and with which 10 percent of the total registered electors have regis­tered by February 1 of each general election year. Subsequent appointments shall be made from a list of at least five persons submitted by the chairman of the state executive committee of the political party submitting the name of the original appointee to the position vacated or the term of which has expired. The six members of the commission so appointed shall by majority vote submit a list of at least three names from which the goveq1or shall appoint the chairman of the commission with the approval of three members of the cabinet and subject to confirma­tion by the senate. Subsequent vacancies in the chairmanship shall be filled in the same manner

as the original appointment. No member of the commission shall be a member of any county, state, or national committee of a political party, be an officer in any partisan political club or organization, hold, or be a candidate for, any other public office. No person shall be appointed as a member of the commission who has held an elective public office or office in a political party within the year immediately preceding his appointment.

(3) The commission shall convene at the call of its chairman or at the call of the depart­ment of state. The presence of five members is required to constitute a quorum, and the votes of two thirds of the members present is required for any action or recommendation by the com­mission. The commission may meet in any city of the state.

(4) The division of elections shall provide the necessary staff and facilities for the commis­sion to carry out its duties pursuant to this chapter.

History .-§24, 73·128.

106.25 Reports of alleged violations to department of state; disposition of findings.-

(!) Any citizen of the state having infor­mation of any violation of this chapter may file a sworn complaint with the division of elections, with a copy being filed with the chairman of the elections commission. If the complaint alleges

· violations by a candidate for federal, state, or legislative office, including all judicial offices, by a political committee supporting any such can­didate, by the state executive committee of any political party, or by a political committee advo­cating the acceptance or rejection of an issue to be voted upon in a statewide election, the divis­ion shall investigate the allegations contained in the complaint and report its findings to the department of state for further action as pro­vided in subsection (2). If the complaint alleges violations by a candidate for any other office chosen at an election, by any political committee supporting such a candidate, by any county ex­ecutive committee of any political party, or by any political committee advocating the accep­tance or rejection of an issue voted upon on less than a statewide basis, the division shall for­ward a copy of the complaint to the state at­torney for the judicial circuit in which the alleged violation occurred. It shall be the duty of a state attorney receiving a complaint pur­suant to this subsection promptly and thor­oughly to investigate the allegations contained therein and to file a full report of the investiga­tion and proposed disposition of the complaint with the division of elections. When the results of the investigation indicate that a violation of the chapter has occurred, the state attorney may immediately proceed with such civil and crim­inal actions provided by this chapter as are justified by the facts of the situation. Each com­plaint received by the division shall be kept con­fidential until such time as the department of

430

Cb.106 CAMPAIGN FINANCING Cb.106

state concludes that disposition of such com­plaint has occurred pursuant to this chapter at which time such complaint and all relevant' re­ports and recommendations shall become matters · of public record. The division shall initiate appropriate investigative or referral action on each complaint within seventy-two hours (Saturdays, Sundays, and legal holidays excluded). Nothing contained in this subsection shall be deemed to preclude the division of elec­tions from investigating any possible violations of this chapter that come to its knowledge other than by means of a sworn complaint.

(2) Whenever, in the judgment of the depart­ment of state, any candidate for federal state or legislative office, including all judicial ~ffices a~y political committee supporting such a can: d1date, the state executive committee of any political party or any political committee advo­cating the acceptance or rejection of an issue to ~e voted upon on a ~tatewide basis has engaged m any act or practice which constitutes a vio­lation of this chapter or any rule or regulation promulgated pursuant to this chapter, the de­partment of state shall convene the elections commission at the earliest reasonable time to hear all available facts concerning the violation and to recommend legal disposition of the viola­tion when justified by the facts.

(3) Upon the convening of the elections com­mission, the department of state shall present all available information to the commission con­cerning alleged violations of this chapter. The commission shall initiate appropriate proceed­ings concerning a complaint within seventy-two hours (Saturdays, Sundays, and holidays ex­cluded) of its presentation by the department of state. The commission shall hold hearings in the manner provided by this chapter to determine if probable cause exists to believe that a viola­tion of this chapter has occurred. The commis­sion may also hear allegations of violations that may come to its attention in addition to those presented by the department of state and may reco~mend disposition of such allegations as provided herein. The commission is specifically required to consider any allegation relating to a~y c~r~en~ly serving · ~ublic official regarding h1s utlhzatwn of pubhc or private funds to further his future candidacy prior to the time period prescribed in §106.15 [F. S. 1973] or re­garding any violations of paragraphs (a), (b), (d), and (e) of subsection (1) of §106.19 [F. S. 1973].

(4) All proceedings of the commission shall be in closed session attended by only those per­sons, including the attorney or ~ttorneys for the party allegedly violating this chapter, necessary to the transaction of the affairs of the commis­sion: Any person who discloses any testimony, findmg, or other transactions of the commission occurring in closed session except as provided herein or unless ordered to do so by a court of competent jurisdiction shall be guilty of a mis­demeanor in the first degree. and punished as provided in §775.082 or §775.083.

(5) Any person who files a complaint pur­suant to this section while knowing that the al­legations contained in such complaint are false or without merit or any person who willfully dis­closes the contents of any complaint before such complaint is declared a public record by the de­partment of state shall be guilty of a misde­meanor of the first degree and punished as provided in §775.082 or §775.083.

History.-§25, ch. 73-128.

106.26 Powers of commission; rights and responsibilities of parties; findings by com­mission.-

(1) In order to carry out its duties, the com­mission may, whenever required, issue subpoe­nas and other necessary process to compel the attendance of witnesses before it. The chairman thereof shall issue said process on behalf of the commission. The chairman or any other member of the commission may administer all oaths and affirmations in the manner prescribed by "law to witnesses who shall appear before the commis­sion for the purpose of testifying in any matter about which the commission may ·desire evi­!fence. The commission, whenever required, may also compel by subpoena the production of any books, letters, or other documentary evidence it may desire to examine in reference to any matter before it. The sheriffs in the several counties shall make such service and execute all process or orders when required by the commission. Sheriffs shall be paid fo'r these services by the commission as provided for in §30.231. Any per­son who is served with a subpoena to attend a hearing of the commission also shall be served with a general statement informing him of the subject matter of the commission's investigation or inquiry and a notice that he may be ac­companied at the hearing by counsel of his own choosing.

(2) Should any witness fail to respond to the lawful subpoena of the commission or, having responded, fail to answer all lawful inquiries or to turn over evidence that has been subpoenaed, the commission may file a complaint before any circuit court of the state setting up such failure on the part of the witness. On the filing of such complaint, the court shall take jurisdiction of the witness and the subject matter of said complaint and direct the witness to respond to all lawful questions and to produce all documentary evi· dence in his possession which is lawfully de­manded. The failure of any witness to comply with such order of the court shall constitute a direct and criminal contempt of court, and the court shall punish said witness accordingly.

(3) All witnesses sumhwned before the com­mission shall receive reimbursement for travel expenses and per diem at the rates provided in §112.061. However, the fact"that such reimburse­ment is not tendered at the time the supoena is served shall not excuse th'e witness from appear­ing as directed therein.

(4) Upon request of any person having

431

Ch.106 CAMPAIGN FINANCING Ch. 106

business before the commission, and with the ap­proval of a majority of the commission, the chairman or, in his absence, the vice-chairman shall instruct all witnesses to leave the hearing room and retire to a designated place. The witness will be instructed by the chairman or, in his absence, the vice-chairman not to discuss his testimony or the testimony of any other per­son with anyone until the hearing has been adjourned and the witness discharged by the chairman. The witness shall be further instruc­ted that should any person discuss or attempt to discuss the matter under investigation with him after receiving such instructions he shall bring such matter to the attention of the com­mission. No member of the commission or repre­sentative thereof may discuss any matter or matters pertinent to the subject matter under in­vestigation with witnesses to be called before the commission from the time that these instruc­tions are given until the hearing has been ad­journed and the witness discharged by the chair­man.

(5) The commission, when interrogating witnesses as provided herein, shall cause a record to be made of all proceedings in which testimony or other evidence is demanded or ad­duced. This record shall include rulings of the chair, questions of the commission and its counsel, testimony or responses of witnesses, swo~n written statements submitted to the com­mission, and such other matters as the commis­sion or its chairman may direct. A witness at a hearing, upon his advance request and at his own expense, shall be furnished a certified tran­script of his testimony at the hearing.

(6) Before or during a hearing, a witness or his counsel may file with the commission, for

or submission shall limit in any way the com­mission's power of subpoena. Any such witness shall, however, prior to filing such statement, consent to answer questions from the commis­sion regarding the contents of the statement.

(9) Any person who appears before the com­mission pursuant to this section shall have all the rights, privileges, and responsibilities of a witness appearing before a court of competent jurisdiction.

(10) If the commission fails in any material respect to comply with the requirements of this section, any person subject to subpoena or sub­poena duces tecum who is injured . by such failure shall be relieved of any requirement to attend the hearing for which the subpoena was issued or, if present, to testify or produce evi­dence therein; and such failure shall be a: com­plete defense in any proceeding against such per­son for contempt or other punishment.

(11) Whoever willfully affirms or swears falsely in regard to any material matter or thing before the commission shall be guilty of a felony in the third degree and punished as provided by §775.082, §775.083, or §775.084.

(12) At the conclusion of its hearings con­cerning an alleged violation, the commission shall immediately begin deliberations on the evi­dence presented at such hearings and shall then proceed to determine by majority vote of the members present whether prdbable cause exists to believe that a violation of this chapter has occurred. The findings of the commission con­cerning an alleged violation shall be made pub­lic by the chairman as soon as such determina­tion is made.

History.-§26, ch: 73-128.

incorporation into the record of the hearing, 106.27 Determinations by commission; legal sworn written statements relevant to the pur- disposition by department of legal affairs.­pose, subject matter, and scope of the commis- (1) If the commission determines that sion's investigation or inquiry. Any such witness probable cause exists to believe a violation of shall, however, prior to filing such statement, this chapter has occurred, the commission shall consent to answer questions from the commis- immediately transmit such determination to the sion regarding the contents of the statement. department of legal affairs for disposition pur-

(7) Any person whose name is mentioned or suant to this section. The commission and the who is otherwise identified during a hearing department of state shall forthwith transmit to being conducted by the commission and who, in the department of legal affairs all available in­the opinion of the commission, may be adversely formation concerning the alleged violation. affected thereby may, upon his request or upon (a) If the alleged violation involves a candi­the request of any member of the commission, date for state, legislative or judical office or polit­appear personally before the commission and ical committee or a committee of continuous exis­testify on his own behalf or, with the commis- tence supporting such a candidate or a commit­sian's consent, file a sworn written statement of tee advocating the acceptance or rejection of an facts or other documentary evidence for incor- issue to be voted upon in a statewide election, poration into the record of the hearing. Any such the department of legal affairs is authorized to witness shall, however, prior to filing such state- initiate legal action. ment, consent to answer questions from the com- (b) If the alleged violation involves a candi-mission regarding the contents of the statement. date for any other office chosen at an election,

(8) Upon the consent of a majority of its any political committee or committee of contin­members, the commission may permit any other uous existence· supporting such a candidate, or person to appear and testify at a hearing or sub- a committee advocating the acceptance or rejec­mit a sworn written statement of facts or other tion of an issue voted upon on less than a state­documentary evidence for incorporation into the wide basis, the elections commission shall deter­record thereof. No request to appear, appearance, mine whether legal action in criminal proceed-

432

Ch.106 CAMPAIGN FINANCING Ch.106

ings should be taken by the department of legal affairs or by the state attorney and shall for­ward all relevant material to that office for fur­ther legal action.

(2) If the commission determines that prob­able cause exists to believe a violation of this chapter has occurred by a candidate for the of­fice of attorney general, the commission shall immediately transmit such determination to the state attorney in the circuit in which the viola­tion occurred for disposition pursuant to this sec­tion. The commission and the department of state shall forthwith transmit to the state at­torney in the circuit in which the violation occurred all available information concerning the alleged violation.

(3) Upon receipt of a determination by the commission, the department of legal affairs shall institute such legal proceedings on behalf of the state as it deems to be justified by the facts presented and in keeping with the spirit and intent of this chapter. Such legal proceed­ings may include:

(a) Civil actions for relief, including perma­nent or temporary injunctions, restraining orders, or any other appropriate order for the im­position of civil penalties provided by this chapter. Such civil actions shall be brought in the circuit court for the circuit in which the alleged violator or violators are found, reside, or transact business. Upon a proper showing that . such person or political committee has engaged or is about to engage in prohibited acts or prac­tices, a permanent or temporary injunction, restraining order, or other order shall be granted without bond by such court, and the civil fines provided by this chapter may be imposed;

(b) Civil actions temporarily to enjoin the issuance of certificates of nomination or election to successful candidates who are alleged to have violated the provisions of this chapter. Such in­junctions shall issue upon a showing of prob­able cause that such violation has occurred. Such actions shall be brought in the circuit court for the circuit in which is located the officer be­fore whom the candidate qualified for office.

(c) Criminal proceedings. Such proceedings concerning violations of this chapter may be brought by the department of legal affairs in the appropriate circuit courts of this state, or the de­partment of legal affairs may forward all rele­vant information to an appropriate state at­torney in any judicial circuit for the initiation of criminal proceedings.

(4) Any action brought under this section shall be advanced on the docket of the circuit

court in which filed and put ahead of all other actions except other actions brought under this section.

History.-§27, ch . 73-128.

106.28 Limitation of actions.-Actions for violation of this chapter may be commenced be­fore two years have elapsed from the date of the violation.

History.-§28, ch. 73-128.

106.29 Reports by political parties.-(1) Each state and county executive commit­

tee of any political party regulated by chapter 103 shall file regular reports of all contributions received and all expenditures made by such com­mittee. Such reports shall be filed at the same times and contain the same information as re­ports required of candidates by §106.07 [F. S. 1973]. State executive committees shall file their reports with the division of elections. County committees shall file their reports with the clerk of the circuit court in the county in which such committee exists and shall file duplicate copies with the division of elections.

(2) The chairman and treasurer of each committee shall certify as to the correctness of each report filed by them on behalf of such com­mittee. Any committee chairman or treasurer who certifies the correctness of any report while knowing that such report is incorrect, false, or incomplete shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083 or §775.084.

(3) Any contribution received by a state or county committee less than five days before an election shall not be used or expended in behalf of any candidate, issue, or political party par­ticipating in such election.

(4) No state or county executive committee, in the furtherance of any candidate or political party, directly or indirectly, shall give, pay, or expend any money, give or pay anything of value, authorize any expenditure, or become pecuniarily liable for any expenditures pro­hibited by this chapter. However, the contribu­tion of funds by one executive committee to another, to established party organizations for legitimate party or campaign purposes, or to in­dividual candidates of that party in general elec­tions in amounts exceeding those set forth in §106.08 [F. S. 1973] shall not be prohibited, but all such contributions shall be recorded and accounted for in the reports of the contributor and recipient.

History.-§29, ch. 73-128.

433

Ch. 107 PROPOSED AMENDMENTS TO CONSTITUTION OF UNITED STATES Ch. 107

CHAPTER 107

CONVENTIONS FOR RATIFYING OR REJECTING PROPOSED AMENDMENTS TO CONSTITUTION OF UNITED STATES

107.01 107.02 107.03 107.04

107.05 107.06

Conventions constituted. Delegates. Election of delegates. Candidates file application; fee and pe­

tition for name on official ballot. Official ballots. Clerks and inspectors; compensation

fixed.

107.01 Conventions constituted.-Whenever the congress shall propose, to conventions in the several states, an amendment to the con­stitution of the United States, for ratification or rejection, and shall not have provided the manner in which such conventions shall be constituted, the conventions in this state shall be chosen and constituted in the manner in this chapter prescribed and shall function in accordance with this chapter.

Bistorr.-11. ch. 16180, 1833; COL 1836 Supp. 318(1) .

107.02 Delegates.-Conventions shall con­sist of sixty-seven delegates from the state at large. Each delegate shall possess the qualifi­cations of a member of the house of representa­tives of the legislature of this state; and each shall hold office from the date of his election and until the convention shall have discharged the duties for which it was selected.

Blstorr.-12, ch. 16180, 1833; COL 1836 Supp. 318(2).

107.03 Election of delegates.-(!) The delegates composing the conven­

tion shall be elected at a special election which shall be held in each county of this state on a date to be fixed by the governor, not less than five months and not more than ten months after the date of the proposal by the congress. The governor shall issue his call for such elec­tion at least forty-five days prior to the date thereof, which, as soon as issued, shall be pub­lished by the department of state at least one time, in a newspaper of general circulation in each county. Such election shall be conducted, except as herein specified, in all respects in the manner and form prescribed by the laws of this state for holding general elections.

(2) All electors who were duly qualified to vote in the last preceding general election shall be qualified to vote in such special election without further registration. The registration books in each county shall be opened ten days after the governor shall issue his call and shall remain open, in each county, until and includ­ing the tenth day before the election, during which time all persons who have not been reg­istered, though entitled to be or who shall have become entitled to registration since the last general election, shall be permitted to register. During the time in which the registration books are required to be kept open by this section, any registered voter shall be permitted to qual­ify to vote in such election.

(3) Provided: That if any general election

107.07 107.08 107.09

107.10 107.11

Canvass of returns. Convention time and place. Convention powers; quorum; compen-

sation. Certification of convention action. Appropriation for expenses.

be held in this state within one year after the date of the proposal by the congress, such dele­gates shall be chosen at such general election and all electors qualified to vote in such gen­eral election shall be qualified to vote for such delegates, unless the governor, by his procla­mation, shall require such delegates to be chosen at a special election, in which event they shall be elected as herein provided.

HlatorJ.-13. ch. 16180, 1833; COL 1836 Supp. 318 (3); 1110, 35, ch . 68-106 .

107.04 Candidates file application; fee and petition for name on official ballot.-

( I) Any person desiring to become a candi­date for election as a delegate to said conven­tion shall file a sworn application with the de­partment of state on such form as that depart­ment shall prescribe, not less than twenty days before the date of election, in which shall be stated his name in full, his residence, his age, his color and his occupation. Such application shall also state, under oath, that the applicant is a citizen of the United States and of the state and that he is a qualified elector of the county in which he resides. The applicant may also state whether or not he favors the rati­fication of the proposed amendment or oppose~ it and whether or not he desires his name to appear upon the ballot as favoring or opposing such amendment or as unpledged.

(2) If the applicant shall request that his name appear on the ballot as favoring or as op­posing the amendment, his application shall be accompanied by a qualification fee of twenty­five dollars and by one· or more petitions, re­questing that his name be placed upon the official ballot, and signed by not fewer than five hundred qualified electors. It shall be per­missible for any number of qualified voters to join in one or more petitions requesting the placing on the official ballot of the names of more than one candidate but not exceeding the total number to be elected. Any applicant may withdraw his name at any time before the bal­lots are actually printed.

HlstorJ.-14, ch. 16180, 1833; COL 1836 Supp. 318(4); 1110. 35, ch. 68-106.

107.05 Official ballots.-The ballots shall be prepared by the department of state and dis­tributed by it to the county commissioners in the several counties at least ten days prior to such election. They shall contain. the substance of the proposed amendment and in alphabetical order:

434

Ch. 107 PROPOSED AMENDMENTS TO CONSTITUTION OF UNITED STATES Ch. 107

(1) The names of all candidates who shall have declared in favor of the ratification of such amendment; and

(2) The names of all candidates who shall have declared against the ratification of such amendment; and

(3) The names of all candidates who shall have qualified without pledging themselves either for or against the amendment. When delegates are elected at general elections as provided in §107.03, such matters shall be printed on the general election ballots. In ei­ther event, in addition to the names of un­pledged candidates printed on said ballots and whether there be any such names on said bal­lots or not, there shall be provided, under sub­section (3) blank lines in equal number to the number of persons who may be elected as such delegates.

Hlslory.-§5, ch . 16180, 1933; CGL 1936 Supp. 319 (5); IUO, 35, ch . 69-106.

107.06 Clerks and inspectors; compensation fixed.-The board of county commissioners of each county shall appoint clerks and inspectors of election for such special election in accord­ance with the general election laws, except that such appointments may be made at any time more than five days prior to the election; where­upon they shall publish the names of such in­spectors and clerks in a newspaper printed in the county. The clerks and inspectors of elec­tion shall receive compensation at the rate of five dollars per diem for each day actually and necessarily served in performing their duties as such. Such compensation, together with other lawful expenses incurred by the several boards of county commissioners, shall be paid as pro­vided in §107.11, after the several boards of county commissioners shall have certified the same to the elections canvassing commission and such accounts shall have been approved by such elections canvassing commission.

Hislory.-§6 , ch. 16180, 1933; CGL 1936 Supp. 319(6); §110, 35, ch. 69-106 .

107.07 Canvass of returns.-Within three days after the date of the special elections the county commissioners shall meet and canvass the returns thereof in their respective counties and transmit the same to the department of state. Within fourteen days after the date of the special elections the elections canvassing commission shall meet and canvass such re­turns. The commission shall thereupon declare the sixty-seven caildidates who receive the greatest number of votes in the state at large, to have been elected as delegates to the con­vention; and shall immediately issue a certifi­cate of election to each of such persons. In case of a tie the commission shall select the qelegates from those receiving the tie votes.

His lory .-§7, ch. 16180, 1933; CGL 1936 Supp. 319 l7l; UIO, 35, Ch. 69-106.

107.08 Convention time and place.-The del­egates to the convention shall meet in such place as shall be provided for that purpose by the department of state, at the state capitol at

Tallahassee on the second Tuesday in the month following their election, at twelve o'clock noon. They shall thereupon constitute a convention to ratify or reject the proposed amendment to the constitution of the United States.

Hlslor:r.- 18, ch. 16180, 1933 ; CGL 1836 Supp. 319(8); 1110, 35, ch . 69-106 .

107.09 Convention powers; quorum; com­pensation.-

(1) The convention shall have power to ratify or reject the proposed amendment to the constitution of the United States for which it shall have been selected; to choose a president and a secretary and all other necessary officers, clerks and attaches to fill vacancies in its mem­bership; and to make rules governing its pro­cedure. It shall be the sole judge of th.e election and qualifications of its members. A majority of the total number of delegates elected to the convention shall constitute a quorum.

(2 ) The delegates to such convention shall serve without compensation or expenses; but the secretary and other officers, clerks and at­taches shall receive such compensation as may be fixed by the convention.

(3) The convention shall have no other power than that hereby expressly conferred or is necessarily incident to the purpose of its creation; any other action attempted to be taken by it shall be utterly null, void and of no effect.

Hlslory.-§9, ch. 16180. 1933 ; CGL 1936 Supp. 319(9).

107.10 Certification of convention action.­When the convention shall have agreed, by "yea" and "nay" vote of a majority of the total number of delegates elected, to the ratification or rejecti on of the proposed amendment to the constitution of the United States, a certificate to that effect shall be executed by its president and secretary and filed with the department of state of Florida. A copy of the minutes of its proceedings, likewise signed by such officials, shall also be filed with the department of state. The department of state of Florida, after the filing of such certificate, shall transmit a copy thereof, certified under the great seal of Flor­ida, to the secretary of state of the United States.

Hlslor:r.-no, ch . 16180, 1933 ; COL 1936 Supp. 319(10); 1110, 35 , ch . 69-106.

107.11 Appropriation for expenses.-For the purpose of defraying the expenses of preparing for, conducting, holding and declaring the re­sult of the election provided for by this chapter and also for the purpose of defraying the ex­penses allowed by this chapter for the holding of sessions of the convention as herein pro­vided, to be audited by the comptroller, there is appropriated out of the general revenue fund of the state of Florida a sufficient sum of money for the payment of all amounts necessary to be expended under the terms of this chapter, which sums of money shall be disbursed by the state of Florida pursuant to warrants drawn by the comptroller upon the treasurer for the payment of same.

Hlslor:r.-111, ch. 16180, 1833; CGL 1936 Supp. 319(11).

435

TITLE X OFFICES, OFFICERS AND PUBLIC RECORDS

CHAPTER 110

STATE CAREER SERVICE SYSTEM

110.022 Powers and duties of department of ad­ministration in personnel matters.

110.041 Career service commission; appoint­ment, duties and reimbursement for expenses.

110.042 Definitions. 110.051 Career service; exemptions.

110.022 Powers and duties of department of administration in personnel matters.-The de­partment of administration, through the division of personnel, shall have the following powers and duties in connection with personnel matters:

(1) To adopt and amend rules and regula­tions necessary to implement the purposes of chapter 110, which rules and regulations shall provide for:

(a) The establishment and maintenance of a uniform classification plan which shall be applicable to all positions in the career service;

(b) The establishment and maintenance of an equitable pay system which shall be applica­ble to all positions in the career service;

(c) The establishment and maintenance of shift differential pay rates for selected positions in the career service;

(d) The establishment and maintenance of geographic differential pay rates for selected positions in the career service;

(e) The establishment and maintenance of uniform attendance and leave policies which shall be applicable to all employees in the career service;

(f) The establishment and maintenance of minimum qualifications for each class of posi­tions, which may include the holding of exami­nations to determine the qualifications of appli­cants and which shall include the requirement that all employees be selected on the basis of merit and fitness;

(g) The promotion, demotion, reassignment, separation, reinstatement, employee perform­ance evaluations, status, grievances, and appeals of employees in the career service;

(h) The transfer or layoff of employees in the career service when it becomes necessary to abolish positions because of a shortage of funds or work or a material change in the duties or organization of an agency; and

110.061 Suspensions, dismissals, reductions in pay, demotions, layoffs and transfers.

110.071 Services to political subdivisions. 110.081 Oaths, testimony, records. 110.092 Political activities and unlawful acts

prohibited. 110.101 Administrative costs. 110.111 Penalties.

(i) Such other programs as are found to be necessary in the establishment and maintenance of a current and sound program of uniform per­sonnel administration. Such programs shall in­clude, but not be limited to, the conduct of wage-salary surveys.

(2) (a) The powers, duties, and functions of the department shall include the responsibility for the day-to-day administration of all activi­ties of the division of personnel, which shall include, but not be limited to, approval of the classification of positions, the reclassification of positions, and the establishment and revision of pay-grade assignments.

(b) Any actions taken by the department in regard to the classification of a position, the re: classification of a position or the revision of pay-grade assignments may be reviewed by the administration commission, and the depart­ment's decisions may be changed by a ma­jority vote of the administration commission if the action relates solely to a position or class of positions in a department headed by a cabinet officer or a department headed by the governor and cabinet.

(c) If the action relates to any department that is not headed by a member of the cabinet or a department headed by the governor and cabinet, the department's decisions may be changed by the administration commission. ·

(3) To establish and implement, in conjunc­tion with the department of law enforcement, procedures for the fingerprinting of all career service employees.

( 4) ·To adopt and implement a program of meritorious service awards to employees who propose procedures or ideas which are adopted and which will result in eliminating or reducing state expenditures or improving operations; provided such proposals are placed in effect, or

436

Ch. 110 STATE CAREER SERVICE SYSTEM Ch. 110

by their superior accomplishments, make ex­ceptional contributions to the efficiency, econ­omy or other improvement in the operations of the state government. No award granted under the provisions of this subsection shall exceed $2,000 or 10 percent of the irrst year's gross savings, whichever is greater, unless a larger award is made by the legislature, and shall be paid from the appropriation available to the state agency affected by the award or from any specific appropriation therefor.

(5) To assist and advise all state agencies in fostering programs of sound personnel ad­ministration.

(6) To represent the public interest in the improvement of personnel administration.

(7) To promote public understanding of the purposes, policies and programs of the state career service system.

(8) To implement the career service system so as to permit the state agencies to be eligible to receive federal funds.

(9) To make reports to the lefislature, make recommendations for improvement of the system, and perform such other duties as may be speci­fied in this chapter or, if not prohibited, as in the judgment of the department of administration are deemed necessary to effectuate the provisions hereof.

History.-§§31, 35, ch. 69-106; §2, ch. 69-343; §1, ch. 71-354; §3, ch. 72-345; §1, ch. 72-400.

110.041 Career service commission; appoint­ment duties and reimbursement for expenses. -A ~areer service commission of five members shall be appointed by the governor. .

(l)(a) Members of the career semce com­mission shall be citizens of the state and shall be appointed for four-year staggered terms. Each member of the career service council holding office on July 1, 1969, shall co~tinue in. o~ce as a member of the career service commiSSion for the remainder of his term. Thereafter, ap­pointments to the commission shall continue to be made pursuant to the provisions of this section, except that the governor shall make all appointments, including those to fill a vacancy, with the approval of three m~mbers of the cabinet and subject to confirmation by the senate. The governor may suspend a ·com­missioner only for cause subject to removal or reinstatement by the senate.

(b) Members appointed to the career serv­ice commission shall be laymen with at least five years' experience in business, industry or labor at the management level or in a recog­nized profession. No member of the career serv­ice commission shall be a member of any county, state or national committee of a politi­cal party or an officer in any partisan political club or organization, or shall hold, or be a candidate for, any other public office. No pr'rson shall be appointed as a member of the career service commission who has held an elective public office or office in a political party within the year immediately preceding his appoint­ment.

(2) The career service commission shall: (a) Hear all appeals arising from this chap­

ter or from the rules adopted by the department. (b) Promote public understanding of the

application of merit principles to public em­ployment.

(c) Provide assistance and advice to the director of the division and the department of administration in fostering sound practices of per.sonnel administration.

(d) Make studies of current personnel practices and advise the director and depart­ment of its findings and shall assist in securing the interest of institutions of learning and of civic, professional, and other orga?izations in the improvement of personnel practices.

(e) Hold public hearings on proposed rules and regulations, or amendments thereof, and make recommendations to the administration commission which may approve, amend, or re­ject said recommendations.

(f) Perform any other duties which are au­thorized by the rules adopted by the depart­ment.

(3) The members of the career serv­ice commission shall be paid an honorarium of twenty-five dollars for each day spent on the work of the commission. In addition each mem­ber shall be reimbursed for his travel expenses as provided in § 112.061.

Hlstory.-§4, ch. 67-437; §§31, 35, ch. 69-106; §2, ch. 71 -354.

110.042 Definitions.-For the purpose of this chapter and personnel affairs of the state, the following words shall have the meanings in­dicated:

(1) . "State agency" or "agency" means any official, officer, commission, board, authority, council, committee, or department of the execu­tive branch or the judicial branch of state gov­ernment as defined in chapter 216.

(2) "Position" means the work, consisting of duties and responsibilities, assigned to be performed by an officer or employee.

(3) "Full-time position" means a position authorized for the entire normally established work period, daily, weekly, monthly or annually.

( 4) "Part-time position" means a position authorized for less than the entire normally established work period, daily, weekly, monthly or annually.

(5) "Class of positions" means all positions which are sufficiently similar as to kind or sub­ject matter of work, level of difficulty or re­sponsibilities, and qualification requirements of the work to warrant the same treatment as to title, pay range, and other personnel trans­actions.

(6) "Series" means a group of classes which are sufficiently siinilar in kind of work per­formed to warrant similar titles, but sufficiently different in level of responsibility to warrant different levels and rates of pay.

(7) "Common class" means a class utilized by more than one state agency.

(8) "Single-agency class" means a class utilized exclusively by one state agency.

437

Ch. 110 STATE CAREER SERVICE SYSTEM Ch. 110

(9) "Title of position" means the official name assigned to a position or class of posi­tions.

(10) "Classification plan" means a docu­ment which formally describes the concepts, rules and regulations and class specifications utilized in the classification and reclassification of positions in the career service.

(11) "Pay plan" means a document which formally describes the philosophy, methods, procedures and the salary schedule for com­pensating employees for work performed.

(12) "Salary schedule" means an official document which contains a complete list of classes and their assigned salary ranges.

(13) "Salary range" means the minimum salary, the maximum salary and intermediate rates which are payable for work in a specific class of positions.

(14) "Authorized position" means a position included in an approved budget. In counting the number of authorized positions, part-time posi­tions may be converted to full-time equivalents.

(15) "Established position" means an au­thorized position which has been classified in accordance with a classification and pay plan as provided by law.

(16) "Position number" means the identifi­cation number assigned to an established posi­tion.

(17) "Reclassification" means changing an established position in one class in a series to the next higher or lower class in the same series or to a class in a different series which is the result of a natural change in the duties and re­sponsibilities of the position.

(18) "Promotion" means moving an em­ployee from a position in one class to a different position in another class having a greater de­gree of responsibility and a higher maximum salary.

(19) "Demotion" means moving an employee from a position in one class to a different posi­tion in another class having a lesser degree of responsibility and a lower maximum salary.

(20) "Transfer" means moving an employee from one geographic location of the state to a different geographic location in excess of fifty miles from the employee's current work loca­tion.

(21) "Reassignment" means moving an em­ployee from a position in one class to a different position in the same class or a different class having the same degree of responsibility and the same maximum salary.

(22) "Dismissal" means the action taken by an agency against an employee to separate him from the career service.

(23) "Suspension" means the action taken by an agency against an employee to temporar­ily relieve him of his duties and place him on leave without pay.

(24) "Layoff" means termination of employ­ment due to abolishment of positions neces­sitated by a shortage of funds or work, or a ma­terial change in the duties or organization of an agency.

(25) "Department" means the department of administration. · History.-§3, ch. 69-343; §3, ch. 71·354.

110.051 Career service; exemptions.-(!) CAREER POSITIONS.-The career serv­

ice to which this chapter shall apply shall in­clude all positions not specifically exempted by this chapter, any provisions of the Florida Stat­utes to the contrary notwithstanding.

(2) EXEMPT POSITIONS.-The exempt positions which shall not be covered by this chapter shall include the following:

(a) Officers elected by popular vote and persons appointed to fill vacancies in such of­fices.

(b) Officers and employees of the legisla­ture.

(c) Members of boards and commissions and the head of each state agency, board or commission, however selected; provided, how­ever, that the department shall set the sal­ary of these positions unless otherwise fixed by law.

(d) Judges, referees, receivers. · (e) The chancellor of the university sys­

te~ an~ . the pre~idents of state colleges and umversibes, provided that the salaries for such positions shall be set by the board of regents any provisions of the Florida Statutes to th~ contrary notwithstanding. Members of the teac~ing and research faculty of the state uni­versity system and comparable administrative and professional positions as determined by the board of regents.

(f) Patients or inmates in state institu­tions.

(g) Any person paid from other personal services appropriations. . (h) A maximum o_f ten policymaking posi­

tions, and the secretanes to each, in the offices of secretary of state, attorney general, comptrol­ler, treasurer, commissioner of education and commissioner of agriculture as exempted by each aforementioned officer. However, the depart­ment shall be advised in writing of each position so exempted, and the department shall set the salary of these positions unless otherwise fixed by law.

(i) All employees in the governor's general office and at the governor's mansion and the head of each separate budget entity as defined in chapter 216, assigned to the gov'ernor. However, the department shall set the salary of these posi­tion!J unless otherwise fixed by law.

(J) All officers and employees of the judicial branch of state government; provided, however, that the department shall set the salary of these positions, unless otherwise fixed by law.

(k) The appointed secretaries, assistant secretaries, deputy secretaries, executive directors, assistant executive directors and deputy executive directors of all departments and, unless otherwise provided, the directors of all divisions of all departments. However, the

438

STATE CAREER SERVICE SYSTEM Ch. 110

department shall set the salary of these positions unless otherwise fixed by law.

(l) The institute directors of the mental health institutes authorized for Tampa and Miami for training and research in the mental health field and all faculty-type members chiefly concerned with training, research, and program evaluation. The salaries for these positions shall be comparable to the university system and shall be approved by the department of adminis­tration, unless otherwise fixed by law.

(m) Public service commissioner's personal secretary and personal aide, the executive direc­tor of the public service commission, the admin­istrative secretary, the hearing examiners, and the head of the departments within the commis­sion. The commission shall with the prior ap­proval of the department of administration set the qualifications and salary of these positions unless otherwise fixed by law.

(3) PARTIAL EXEMPTION OF DEPART­MENT OF LAW ENFORCEMENT.-Employees of the department of law enforcement shall be exempt from the provisions of §110.061. How­ever, the executive director of the department of law enforcement shall give written notice to the department of administration of all actions taken by the department of law enforcement con­cerning the suspension, discharge, reduction, de­motion, layoff, or transfer of any employee no later than twenty days subsequent to the taking of such action. Nothing contained herein shall be construed as exempting the employees of the department from any other provision of chapter 110.

History.-§5, ch. 67-437; §1, ch. 69-300; §§4, 5, ch. 69-343; §§4, 31, 35, ch. 69-106; §4, ch. 71-354; §1, ch. 72-156; §1, ch. 73-227; §1, ch. 73-247.

110.061 Suspensions, dismissals, reductions in pay, demotions, layoffs and transfers.-

(!) Any employee who has permanent status in the career service may only be terminated for cause by the agency or officer by whom he is employed.

(2) (a) The department shall establish rules and procedures for the suspension, reduction in pay, transfer, layoff, demotion and dismissal of employees in the career service for cause and for the investigation and hearing of ap­peals by the career service commission on such actions.

(b) Written notice of such appeal shall be filed with the commission within twenty days from the date on which notice of suspension, re­duction in pay, transfer, layoff, demotion or dismissal is mailed to the employee. All notices to the employee shall be in writing sent by certified mail with return receipt requested.

(c) The commission shall, within thirty days after hearing such appeal, make its finding and decision, copies of which shall be transmitted to the employee, the employing agency con­cerned, and the department.

(3) The career 8ervice commission may order the reinstatement of an employee, with or

without back pay, which order shall be binding on the agency or officer concerned. The action of the commission shall be in writing and shall be served on the parties to such appeal either in person or by mail.

(4) The exercise by the career service com­mission of the powers, duties, and functions prescribed by this section shall be reviewable only by the judiciary on the grounds that:

(a) The commission did not afford a fair and equitable hearing;

(b) The d~cision of the commission was not in accordance with existing statutes or rules and regulations promulgated thereunder; or

(c) The decision of the commission was not based on substantial evidence.

HlstorJ.-§6, ch . 67-437; 16, ch. 68-343; 1131, 35, ch. 88-106.

110.071 Services to political subdivisions.­The department of administration may enter into agreements with any municipality or politi­cal subdivision of the state to furnish services and facilities in the administration of its per­sonnel program. Any such agreement shall pro­vide for the reimbursement to the state of the reasonable cost of the services and facilities furnished. All municipalities and political sub­divisions of the state are hereby authorized to enter into such agreements.

HlstorJ.-17, ch. 67-437; 1131, 35, ch. 88-106.

110.081 Oaths, testimony, records.-The department of administration and the career service commission shall have power to ad­minister oaths, subpoena witnesses, and com­pel the production of books and papers pertinent to any investigation of personnel practices or hearing authorized by this chap­ter. Any person who shall fail to appear in response to a subpoena or to answer any ques­tion or produce any books or papers perti­nent to any such investigation or hearing or who shall knowingly give false testimony there­in shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

History.-§8, ch. 67-437; §§31, 35, ch. 69-106; §63, ch. 71-136.

110.092 Political activities and unlawful acts prohibited.-

(!) No person shall be appointed to, de­moted, or dismissed from any position in the career service, or in any way favored or dis­criminated against with respect to employment in the career service, because of race, color, sex, religious creed, national origin, or political opinions or affiliations.

(2) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the career service, or an increase in pay or other advantage in employment in any such position, for the purpose of influenc­ing the vote or political action of any person, or for any consideration; provided, however, that letters of inquiry, recommendations and references by public employees or public of-

439

Ch. 110 STATE CAREER SERVICE SYSTEM Ch. 110

ficials shall not be considered political pres­sure unless any such letter contains a threat, intimidation, irrelevant, derogatory or false in­formation . And provided further, that for the purposes of this section the term "political pressure" in addition to any appropriate mean­ing which may be ascribed thereto by lawful authority shall include the use of official au­thority or influence in any manner prohibited by this chapter.

(3) No person shall, directly or indirectly, give, render, pay, offer, solicit, or accept any money, service, or other valuable considera­tion for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the classified service. The provisions of this subsection shall not apply to private employ­ment agencies licensed pursuant to the pro­visions of chapter 449 when the services of such private employment agency are requested by any state agency, board, department, or commission and neither the state nor any polit­ical subdivision pays the private employment agency for such services.

(4) As an individual, each employee re­tains all rights and obligations of citizenship provided in the constitution and laws of the state and the constitution and laws of the United States. However, no employee in the classified service shall:

(a) Hold, or be a candidate for, public or political office while in the employment of the state or take any active part in a political campaign while on duty or within any period of time during which he is expected to perform services for which he receives compensation from the state. However, when authorized by his agency head and approved by the division of personnel, an employee in the classified ser­vice may be a candidate for or hold a local public office which involves no interest which conflicts or interferes with his state employment. The division of personnel of the department of ad­ministration shall prepare and make available to all affected personnel who make such request

a definite set of rules and regulations and pro­cedures consistent with the provisions herein.

(b) Use the authority of his position to secure support fo r, or oppose, any candidate, party, or issue in a partisan election or affect the results thereof.

(5) No state employee or official shall use any promise of reward or threat of loss to en­courage or coerce any employee to support or contribute to any political issue, candidate or party.

Hlstory.-§9, ch . 67-437; §7, ch. 69-343; 11, ch. 70-277 ; 11. ch. 70-448; §1, ch. 73-326.

110.101 Administrative costs.-The admin­istrative expenses and costs of operating the personnel program established by this chapter shall be paid by the various agencies of the state government, and each such agency shall include in its budget estimates its pro rata share of such cost as determined by the depart­ment of administration. To establish an equita­ble division of the costs, the amount to be paid by each agency shall be determined in such pro­portion as the service rendered to each agency bears to the total service rendered under the provisions of this chapter.

Hlotory.-flO, ch. 67-437 ; 1131, 35, ch. 68-108.

110.111 Penalties.-(!) Any employee in the career service

who willfully violates any provision of this chapter or of any rules or regulation adopted pursuant to the authority herein granted shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

(2) Any person who is convicted of a mis­demeanor under this chapter shall be, for a period of 5 years, ineligible for appointment to or employment in a position in the state serv­ice, and if he is an employee of the state, shall forfeit his position.

History.-§11, ch. 67-437; §62, ch. 71·136.

440

Ch. 111 PUBLIC OFFICERS; GENERAL PROVISIONS Ch.111

CHAPTER 111

PUBLIC OFFICERS; GENERAL PROVISIONS

111.011 Statement of contributions received by elected public officers.

111.02 Perquisites. 111.03 Detailed account of fees to be kept;

monthly statements. 111.04 Officer failing to comply with law sub­

ject to removal.

111.011 Statement of contributions received by elected public officers.-

(1) When used in this section: (a) "Elected public officer" means an indi­

vidual holding an elective national, state, coun-ty, or municipal office. ·

(b) "Person" includes individuals, children, firms, associations, joint ventures, partner­ships, estates, trusts, business trusts, syndi­cates, fiduciaries, corporations, and all other groups or combinations.

(c) · "Contribution" means any gift, dona­tion, or payment of money the value of which is in excess of twenty-five dollars to any elec­ted public officer or to any other person on his behalf. Any payment in excess of twenty­five dollars to a dinner, barbecue, fish fry, or other such event shall likewise be deemed a contribution. However, a bona fide gift to the office holder by a relative within the third degree of consanguinity for the personal use of the office holder shall not be deemed a contribution. This section shall not apply to honorary memberships in social, service, or fraternal organizations, presented to an elected public officer merely as a courtesy by such organizations.

(2)(a) Each elected public officer shall file a statement containing a list of all contribu­tions received by him or on his behalf, if any, and expenditures from, or disposition made of, such contributions by such officer which are not otherwise required to be reported by chapter 99, with the names and addresses of persons making such contributions or receiving payment or distribution from such contribu­tions and the dates thereof. The statement shall be sworn to by the elected public officer as being a true, accurate, and tohl listing of all of said contributions and t:xpenditures.

(b) The statements shall be filed prior to February 15 for the period July 1 through December 31, and prior to August 15 for the period January 1 through June 30 each year, with the department of state in the case of an elected state or national officer; with the clerk of the circuit court in the case of an elected county officer; and with the city clerk of the municipality in the case of an elected municipal officer.

(3) Any person who voted in the election at which the elected public officer was last elected may bring a civil action to enforce the provi-

111.05 Officer reinstated after suspension; back pay.

111.06 Payment of defense of prison and peace officers in civil actions insti­tuted against them.

111.07 Defense of tort actions against public officers or employees.

sions of this section. As a condition precedent, the person shall give thirty days' notice to such officer of his intention to file suit. Unless such officer shall comply with the provisions of this section within such thirty day period, a cause of action shall be deemed to have ac­crued. The court costs, expenses, and reason­able attorney fees of any person having rea­sonable cause to bring such civil action shall be allowed as costs against the elected public officer.

(4) (a) If any elected public officer know­ingly or willfully fails to comply with this section, he is guilty of a second degree mis­demeanor in office, punishable as provided in §§775.082 and 775.083.

(b) Failure of any public officer to comply with this section shall be grounds for removal from office, impeachment, or expulsion from the senate or house of representatives, as the case may be.

(5) This section shall be liberally con­strued so as to require full financial disclosure of all receipts and expenditures by elected public officers of contributions received by them during their term of office. This section shall be cumulative to other provisions of part III of chapter 112. History.-~1·6. ch . 70-230; §64, ch . 71·136; §1, ch . 71-159.

cf.-Ch. 106 Campaign finances.

111.02 Perquisites.-All perquisites fixed by law accruing from the administration of any state officer shall be faithfully accounted for, reported and turned over to the state treasurer once each month with a certificate as to the correctness of such accounting. The state treas­urer shall receive all such funds and issue his receipt to the officer transmitting the same.

BlstorJ.-12. ch. 6447, 1913; RGS 207; §2, ch. 8481, 1921; §2, ch. 11335, 1925; CGL 239, 478.

111.03 Detailed account of fees to be kept; monthly statements.-ln all state administra­tive offices where fees or perquisites of any nature or character are allowed to be collected, or are collected or received by any person con­nected with such office, a detailed account thereof shall be kept in a book provided for that purpose and such book shall be carefully preserved and treated as a public record of the office. At the end of each month a detailed statement of such receipts shall be made and verified under the oath of the head or acting head oi such office, which statement together

441

Ch. Ill PUBLIC OFFICERS; GENERAL PROVISIONS Ch. Ill

with the amounts received during said month by any and all persons connected with such office shall be delivered to the state treasurer, for which amounts receipts shall issue in due course and the amounts shall be placed in the general revenue fund of the state. The state treasurer shall preserve the statements so de­livered to him as a public record of his office. Where fees or other compensation or perquisites are allowed by law to be collected or received by any person in any state office for any work or service done or rendered in connection with the administration of such office, such fees, per­quisites and compensation shall be collected and duly accounted for as herein provided.

Blstor:r.-U. ch. 8olol8, 11113; ROS 208; COL 2ol0.

111.04 Officer failing to comply with law subject to removal.-Any person failing to comply with the provisions of §111.03 shall be regarded as having committed misfeasance in office and shall be subject to removal, suspen­sion or discharge as provided by law.

Blstor:r.-12, ch. Mol8, 11113; RQS 2011; COL 2oll.

111.05 Officer reinstated after suspension; back pay.-An officer who is lawfully entitled to resume the duties of his office after·his sus­pension by the governor shall suffer no loss of salary or other compensation because of his suspension. His compensation which is unpaid because of his suspension is appropriated and shall be paid from the source and in the man­ner in which the compensation of the office is normally paid. If funds sufficient to pay his unpaid compensation are not available in the proper source, the deficit is appropriated

and shall be paid from the general funds of the state or of the political subdivision under which the office exists, as the case may be.

Blator:r.-11. ch. 5'1·'11.

111.06 Payment of defense of prison and peace officers in civil actions instituted against them.-

(1) The state and any of its political sub­divisions are hereby authorized to provide for and pay . for the defense of any warden or deputy sheriff employed by any county of the state or any sheriff of any county in any civil suit arising out of the performance of his duties.

(2) In the event a judgment is rendered in any such civil suit against such person cov­ered by this section, the counties and state are authorized to indemnify such person for such judgment.

(3) The state and county are authorized to use any funds available for the purpose of carrying out this section.

mstor:r.-111·3, ch. 811·328.

111.07 Defense of tort actions against public officersoremployees.-Any agency of the state or political subdivision of the state is authorized to defend any actions in tort brought against any of its officers or employees as a result of any alleged negligence of its officers or employ­ees arising out of and in the scope of their em­ployment with the state or its subdivisions, unless such officer or employee acted in bad faith, with malicious purpose, or in a · manner exhibiting wanton and willful disregard of human rights, safety, or property.

History.-§1 , ch. 72-36.

442

Ch. 112 PUBLIC OFFICERS AND EMPLOYEES; GENERAL-£ROVISIONS <

Ch. 112

CHAPTER 112

PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS .,

PART I ELIGIBILITY; RETIREMENT; PEJi DIEM, TRAVEL EXPENSES; ETC. (§§ll2.0ll-ll2.20)

PART II INTERCHANGE OF PERSONNEL BETWEEN STATES (§§112.25-112.31)

PART III STANDARDS OF CONDUCT FOR PUBLIC OFFICERS AND EMPLOYEES (§§112.311-112.318)

PART IV SUPPLEMENTAL RETIREMENT ACT FOR RETIRED MEMBERS OF STATE RETIREMENT SYSTEMS (§§ll2.351-ll2.362)

PART V SUSPENSION, REMOVAL OR RETIREMENT OF PUBLIC OFFICERS (§§112.40-112.51)

PART I

ELIGIBILITY; RETIREMENT; PER DIEM, TRAVEL EXPENSES; ETC.

112.011 Felons; removal of disqualifications for employment, exceptions.

112.021 Florida residence unnecessary. 112.031 Employees of historical commissions;

other state employment permitted. 112.041 No discrimination in state employ­

ment. 112.042 No di~crimination in county and mu-

nicipal employment. 112.043 Age discrimination. 112.05 Retirement. ll2.0501 Ratification of certain dual retire­

ments. 112.051 Career service system; retirement or

transfer of employees aged 65 to 70. ll2.0515 Retirement or pension rights unaf­

fected by consolidation or merger of governmental agencies.

ll2.055 Pay periods for state employees. ll2.061 Per diem and traveling expenses of

public officers, employees, and authorized persons.

112.07 Fixing terms of office of certain officers. 112.071 Procedure for confirmation of appoint­

ment by senate. ll2.075 State officers and employees group

insurance program.

112.011 Felons; removal of disqualifications for employment, exceptions.-

(1)(a) A person shall not be disqualified from employment by the state, any of its agencie.s or political subdivisions, or any munic­ipality solely because of a prior conviction for a crime. However, a person may be denied em­ployment by the state, any of its agencies or political subdivisions, or any municipality by reason of the prior conviction for a crime if the crime was a felony or first degree misdemeanor and directly related to the position of employ­ment sought.

(b) A person whose civil rights have been restored shall not be disqualified to practice, pur­sue, or engage in any occupation, trade, voca­tion, profession, or business for which a license,

112.08 Group insurance for public officers and employees.

112.081 Circuit judges, participation. 112.09 Evidence of election to provide in-

surance. 112.10 Deduction and payment of premiums. 112.11 Participation voluntary. ll2.12 Payment of premiums for life, health,

accident, or hospitalization insur­ance of public officers and employ­ees.

112.13 Insurance additional to workmen's com­pensation.

112.14 Purpose and intent of law. 112.161 Change in position or reclassification;

continuance or resumption of mem­bership in retirement system.

112.171 Employee wage deductfons. 112.18 Firemen; special provisions relative to

disability. 112.19 Law enforcement officers, death bene­

fits. 112.191 Firemen; death benefits. ll2.192 State officers' compensation com­

mission. 112.20 Terminal payment for accumulated sick

leave.

permit, or certificate is required to be issued by the state, any of its agencies or political sub­divisions, or any municipality solely because of a prior conviction for a crime. However, a person who has had his civil rights restored may be de­nied a license, permit, or certification to pursue, practice, or engage in an occupation, trade, voca­tion, profession, or business by reason of the prior conviction for a crime if the crime was a felony or first degree misdemeanor and directly related to the specific occupation, trade, voca­tion, profession, or business for which the li­cense, permit, or certificate is sought.

(2)(a) This section shall not be applicable to any law enforcement agency. However, nothing herein shall be construed to preclude a law en­forcement agency, in its discretion, from

443

Ch. 112 PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS Ch. 112

adopting the policy set forth herein. (b) This section shall not be applicable to

the employment practices of any fire department relating to the hiring of firemen. An applicant for employment with any fire department with a prior felony conviction shall be excluded from employment for a period of four years after ex­piration of sentence or final release by the parole and probation commission unless the applicant, prior to the expiration of the four-year period, has received a full pardon or has had his civil rights restored.

(3) Any complaints concerning the viola­tion of this section shall be adjudicated in accordance with the procedures set forth in ch3;pter 120 for administrative and judicial reVIew.

His tory.-§§1-3, ch. 71-115; §1, ch. 73-109.

112.021 Florida residence unnecessary.­Except as expressly provided by law, there shall be no F1orida residence requirement for any person as a condition precedent to employment by the state or any county.

History.-§3, ch. 69-20; §23, ch. 71-355.

112.031 Employees of historical commis­sions; other state employment permitted.-

(1) Staff members or employees of state historical commissions are hereby permitted or authorized to teach courses and hold part-time positions at state universities and be paid com­pensation from more than one appropriation if such teaching or employment does not interfere with the normal duties of such commission staff members or employees. Any agreement or con­tract relative to such employment must have the approval oft the historical commission and the president of the university.

(2) Any provision of law which prohibits the payment of salaries or compensation from more than one appropriation shall not apply to the provisions of this section.

Blstor:r.-111. 2, ch. 68-2tt.

112.041 No discrimination in state employ­ment.-

(1) It shall be against the public policy of this state for the governing body of any state agency, board, commission, department or state officer, because of the race, color, sex, religious creed or nat"ional origin of any individual to refuse to hire or employ, to bar or to discharge from employment such individuals or to other­wise discriminate against such individual with respect to compensation, hire, tenure, terms, conditions, or privileges of employment, if the individual is the best able and most competent to perform the services required.

(2) Any individual claiming to be aggrieved by an alleged unlawful employment practice under this section may file a complaint with said agency, board, commission, depart­ment or state official and said individual shall be entitled to a hearing and judicial review as provided in parts II and III of chapter 120,

commonly known as the administrative pro­cedure act.

History :-u, ch. 67-357.

112.042 No discrimination in county and municipal employment.-

(!) It shall be against the public policy of this state for the governing body of any county or municipal agency, board, commission, de­partment, or office, solely because of the race, color, sex, religious creed, or national origin of any individual, to refuse to hire or employ, to bar, or to discharge from employment such individuals or to otherwise discriminate against such individuals with respect to compensation, hire, tenure, terms, conditions, or privileges of employment, if the individual is the most com­petent and able to perform the services re­quired.

(2) (a) Any person, firm, corporation, asso­ciation, or other group or body, jointly or severally, who may be aggrieved by any decision, regulation, restriction, or resolution adopted by the governing body of any county or municipal agency, board, commission, or department which is an unlawful employment practice under this section may apply to such agency, board, com­mission, or department at any time for a modi­fication or rescission thereof. If such modifica­tion or rescission should be refused, any such person, firm, corporation, association or other group or body may, within thirty days after such refusal, but not thereafter, institute origi­nal proceedings for relief in the circuit court of the county.

(b) There shall be no right to apply to the court for relief on account of any order, re­quirement, decision, determination, or action of any county or municipal officer pursuant to this section unless there shall first have been an appeal therefrom to the governing agency, board, commission, or department to which such officer is responsible.

(3) Nothing in this section shall be con­strued to prohibit alternative relief through local civil service systems and boards provided for in §14, Art. III of the state constitution.

Blstor:r.-11, ch. 68-334.

112.043 Age discrimination.-It shall be the public policy of the state that no officer or board, whether state or county, shall discrimi­nate in the employment of any person solely on the basis of age. Persons who apply for employ­ment with the state or any county of the state shall be selected on the basis of train-ing, ex­perience, mental and physical abilities, and other selection criteria established for the posi­tion. Unless age restrictions have been specifi­cally established through published specifica­tions for a position, available to the public, the employing authority shall give equal considera­tion to all applicants, regardless of age.

Hlstory.-U, ch . 68-141.

112.05 Retirement.-Whenever any state of­ficial or state employee has attained the age of seventy years or more, and has served the state

444

Ch. 112 PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS Ch. 112

as either an official or employee or both for as much as twenty consecutive years or more or for an aggregate time of thirty years or more, or whenever any state official or employee, ir­respective of age, has served the state as either an official or employee or both for thirty consec­utive years or more, or for as much as an ag­gregate of thirty-five years or more, such official or employee may retire from his office as such official or employee with the right to be paid, and shall be paid monthly on his own requisi­tion during the remainder of his natural life one half the amount of the average monthly salary received during the last ten years of such service; and sufficient money to meet the requirements of this section is hereby appro­priated out of any moneys in the state treasury not otherwise appropriated. Provided, that mil­itary service in the armed forces of the United States shall be computed as a part of the time specified hereinabove as entitling a state offi­cial or employee to the benefits of this section. This section shall apply only to persons re­tired or persons who are on a state payroll June 30, 1953 and remain continuously on a state payroll until eligible to retire. This sec­tion shall not affect any state official or em­ployee who has already retired under any re­tirement act, except that no cabinet officer qualifying shall receive less than four thou­sand, five hundred dollars per year.

Hlstory.-§1. ch. 12293, 1927; COL 242; U, ch. 172,., 1935; ~~'s3~h . 20499, 1941; §1, ch. 22828, 1945; §§1, chs . 28147, 28148,

Note.-Formerly §121.001. cf.-Ch. 122 State and county officers and employees retire­

ment system.

112.0501 Ratification of certain dual retire­ments.-

(1) Any state employee who was permitted by the comptroller, as administrator of the retire­ment provisions of §112.05 and chapter 122, to retire under the provisions of both such statutes prior to April 23, 1969, when the attorney general ruled that such dual retirements are prohibited by §122.10(3), as recodified by the legislature in 1965, shall receive and enjoy the retirement benefits awarded to him upon his retirement, the provisions of §122.10(3) to the contrary notwithstanding.

(2) The exceptions granted to state retirees coming under the provisions of subsection (1) shall not apply to any state employee retiring subsequent to November 1, 1970, and the admin­istrator of the Florida retirement system is here­by directed to establish such rules and proce­dures as may be necessary to prohibit such dual retirements for members of the Florida retire­ment system or any retirement system consoli­dated therein pursuant to §121.011(2).

History.-§! , ch. 72-202.

112.051 Career service system; retirement or transfer of employees aged 65 to 70.-

(1) Any employee of the state who is within the career service system established by chap­ter 110, or who is protected by any other merit

system plan or system providing for tenure, except instructional personnel employed in the public school system, may be retired by the agency or department in which he is employed on the basis of his age and without specifying charges or other cause for such retirement when such employee has reached sixty-five years of age. Such employee may be retired in accordance with the following conditions:

(a) Has reached age sixty-five; and (b) Is eligible for retirement under any

state retirement system. (2) Any department or agency within the

career service system shall have discretion to continue persons in employment beyond age sixty-five. However, such department or agency shall automatically retire and separate such employee from state employment within thirty days after attainment of age seventy, unless:

(a) Such employee has submitted a request in writing to the state agency in which he is employed at least sixty days before his seven­tieth birthday; and

(b) Such department has given written no­tice of consent for continuation of such employ­ment.

(3) Any employee who has attained age six­ty-five may be transferred to some job requir­ing less responsibility and less arduous duties by the department in which he is employed when determination is made that such employee is not able to satisfactorily carry out the full duties of his position. Such transfer shall not be subject to appeal by the employee and may be accompanied by appropriate reduc­tion in salary in line with the duties and classification of the position to which the em­ployee is transferred. In the event of such transfer the agency or department concerned shall furnish to the division of personnel of the department of administration in writing the reasons for the transfer, together with the name and classification of the employee concerned, who shall also be furnished a copy in writing of the notice to the division of personnel.

History.-§§1-4, ch. 61-289; §§31, 35, ch. 69-106; §24, ch. 71-355; §1 , ch. 73-326. cf.-Ch. 121 Florida retirement system.

Ch . 122, State and county retirement system .

112.0515 Retirement or pension rights un­affected by consolidation or merger of govern­mental agencies.-It is hereby declared to be the policy of this state that in any consolidation or merger of governments or the transfer of func­tions between units of governments either at the state or local level or between state and local units, the rights of all public employees in any retirement or pension fund shall be fully pro­tected. No consolidation or merger of govern­ments or governmental services, either state or local, accomplished in this state shall diminish or impair the rights of any public employee in any retirement or pension fund or plan which existed at the date of such consolidation or

445

Ch.112 PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS Ch.112

merger and in which the employee was partici­pating, nor shall such consolidation or merger result in any impairment or reduction in bene­fits or other pension rights accruing to such employee.

History.-§!, ch. 72-210.

112.055 Pay periods for state employees.­The normal pay period for salaries of state em­ployees shall be one month. The department of banking and finance shall issue either monthly or biweekly state warrants for salaries by budget entity as requested by the head of each state agency and approved by the department of administration.

History.-§!, ch. 72·366.

foregoing two classes of individuals as initial designee or successor.

(d) Employee or public employee-An in­dividual, whether commissioned or not, other than an officer or authorized person as defined ·herein, who is filling a regular or full-time authorized position and is responsible to an agency head.

(e) Authorized person-!. A person other than a public officer or

employee as defined herein, whether elected or commissioned or not, who is authorized by an agency· head to incur travel expenses in the performance ·of his official duties, or

2. A person who is called upon by an agen· cy to contribute time and services as consultant or advisor, or

3. A person who is a candidate for an exec-112.061 Per diem and traveling expenses of utive or professional position.

public officers, employees, and authorized per- (f) Traveler-A public officer, public em-sons.- ployee, or authorized person, when performing

(1) LEGISLATIVE INTENT.-There are authorized travel. inequities, conflicts, inconsistencies and lapses (g) Travel expense, traveling expenses, nee­in the numerous laws regulating or attempting essary expenses while traveling, actual ex­to regulate traveling expenses of public offi- penses while traveling, or words of similar cers, employees, and authorized persons in the nature-The usual ordinary and incidental ex-state, it is the intent of the legislature: penditures necessarily incurred by a traveler.

(a) To remedy same and to establish uni- (h) Common carrier-Train, bus, commer-form maximum rates, and limitations, with cer- cia! airline operating scheduled flights, or rent­tain justifiable exceptions, applicable to all al cars of an established rental car firm. public officers, employees, and authorized per- (i) Travel day-A period of twenty-four sons whose traveling expenses are paid by a hours consisting of four quarters of six hours public agency. each.

(b) To preserve the standardization and (j) Travel period-A period of time be-uniformity established by this law: tween the time of departure and time of return.

1. The provis-ions of this section shall pre- (k) Class A travel-Continuous travel of vail over any conflicting provisions in a gener- twenty-four hours or more away from official al law, present or future, to the extent of the headquarters. conflict; but if any such general law contains (I) Class B travel-Continuous travel of a specific exemption from this section, includ- less than twenty-four hours which involves ing a specific reference to this section, such overnight absence from official headquarters. general law shall prevail, but only to the ex- (m) Class C travel-Travel for short or day tent of the exemption. trips where the traveler is not away from his

2. The provisions of any special or local official headquarters overnight. law, present or future, shall prevail over any (3) AUTHORITY TO INCUR TRAVELING conflicting provisions in this section, but only EXPENSES.-to the extent of the conflict. *(a) All travel must be authorized and ap· .

(2) DEFINITIONS.-For the purposes of proved by the head of the agency from whose this section the following words shall have the funds the traveler is paid. The head of the agen-meaning indicated: h 11 h (a) Agency or public agency-Any officer, cy s a not aut orize or approve such request department, agency, division, subdivision, po- unless it is accompanied by a signed statement litical subdivision, board, bureau, commission, by the traveler's supervisor stating that such authority, district, public body, body politic, travel is on the official business of the state and county, city, town, village, municipality or any also stating the purpose of such travel. other separate unit of government created pur- (b) Traveling expenses of travelers shall be suant to Jaw. limited to those expenses necessarily incurred

(b) Agency head or head of the agency- by them in the performance of a public pur­The highest policy making authority of a public pose authorized by law to be performed by the agency, as herein defined. agency and must be within the limitations pre-

( c) Officer or public officer-An individual scribed by this section. who in the performance of his official duties is (c) Travel by public officers or employees vested by Jaw with sovereign powers of govern- serving temporarily in behalf of another agency ment and who is either elected by the people, or partly in behalf of more than one agency or commissioned by the governor and has juris- at the same time, or authorized persons who diction extending throughout the state, or any are called upon to contribut~ time and serv­person lawfully serving instead of either of the ices as consultants or advisors, may be au-

446

Ch.ll2 PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS Ch.ll2

thorized by the agency head. Complete expla­nation and justification must be shown on the travel expense voucher or attached thereto.

(d) Traveling expenses of public employees for the sole purpose of taking merit system or other job placement examinations, written or oral, shall not be allowed under any circum­stances, except that upon prior written approv­al of the agency head, candidates for executive or professional positions may be allowed trav­eling expenses pursuant to this section.

(4) OFFICIAL HEADQUARTERS.-The official headquarters of an officer or employee assigned to an office shall be the city or town in which the office is located; except that:

(a) The official headquarters of a person located in the field shall be the city or town nearest to the area where the majority of hiE work is performed, or such other city, town or area as may be designated by the agency head; provided that in all cases such designation must be in the best interests of the agency and not for the convenienc~ of the person.

(b) When any state employee is stationed in any city or town for a period of over .thirty days, such city or town shall be deemed to be his official headquarters and he shall not be allowed per diem or subsistence, as provided in this section, after the said period of thirty days has elapsed, unless this period of time is extended by the express approval of the de­partment of administration.

(c) A traveler may leave his assigned post to return home overnight, over a weekend, or during a holiday, but any time lost from his regular duties shall be taken as annual leave and authorized in the usual manner. He shall not be reimbursed for traveling expenses in ex• cess of the established rate for per diem allow­able had he remained at his assigned post. How­ever, when a traveler has been temporarily assigned away from his official headquarters for an approved period extending beyond thirty days, he shall be entitled to reimbursement for traveling expenses at the established rate of one round trip for each thirty day period ac­tually taken to his home in addition to pay and allowances otherwise provided.

(5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.-For purposes of re­imbursement and methods of calculating frac­tional days of travel the following principles are prescribed:

(a) The travel day for Class A travel shall be a calendar day (midnight to midnight). The travel day for Class B travel shall begin at the same time as the travel period. For Class A and Class B travel, the traveler shall be re­imbursed one fourth of the authorized rate of per diem for each quarter, or fraction thereof, of the travel day included within his travel period. Only full quarters spent outside the state shall be reimbursed at the authorized out­of-state rate of per diem. All other quarters, or fractions thereof, shall be reimbursed at the authorized in-state rate of per diem.

(b) A traveler shall not be reimbursed on a per diem basis for Class C travel, but shall receive subsistence as provided in this sec­tion, which allowance for meals shall be based upon the following schedule:

1. Breakfast-When travel begins before 6:00 a.m. and extends beyond 8:00 a.m.

2. Lunch-When travel begins before 12:00 noon and extends beyond 2:00 p.m.

3. Dinner-When travel begins before 6:00 p.m. and extends beyond 8:00 p.m., or when tra­vel occurs during nighttime hours due to spe­cial assignment. No allowance shall be made for meals when travel is confined to city or town of the offi­cial headquarters or immediate vicinity.

(6) RATES OF PER DIEM AND SUBSIS­TENCE ALLOW ANCE.-For purposes of re­imbursement rates and methods of calculation, per diem and subsistence allowances are d~­vided into the following groups, and maxi­mum rates to be determined by the agency head:

(a) All travelers may be allowed for sub­sistence when traveling to a convention __ ~ co!!_­ference which may serve a direct public pur­pose with relation to the public agency served by the person attending such meeting, either of the following:

1. Up to twenty-five dollars per diem, or 2. Up to the amounts permitted in para­

graph (d) of this subsection for meals, plus actual expenses for lodging at a single occu­pancy rate to be substantiated by paid bills therefor.

(b) The governor, members of the state cabinet, members of the legislature, members of the public service commission, justices of the supreme court and judges of the district courts of appeal, circuit court and county court may receive twenty-five dollars per diem while travel­ing on official business.

(c) All other travelers may be allowed either of the following:

1. Up to twenty dollars per diem; or 2. Up to a maximum of twenty-five dollars

based upon the amounts permitted in paragraph (d) of this subsection for meals, plus actual ex­penses for lodging at a single occupancy rate to be substantiated by paid bills therefor.

(d) Meals only.-All travelers may be al­lowed for subsistence while on Class C travel on official business, up to the following amounts:

1. Breakfast $1.75 2. Lunch 2.50 3. Dinner 5.00 (7) TRANSPORTATION.-(a) All travel must be by a usually trav­

eled route. In case a person travels by an in­direct route for his own convenience any extra costs shall be borne by the traveler and reim­bursement for expenses shall be based only on such charges as would have been incurred by a usually traveled route. The agency head shall

447

Ch. 112 PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS Ch.ll2

designate the most economical method of travel for each trip, keeping in mind the following conditions:

1. The nature of the business. 2. The most efficient and economical means

of travel (considering time of the traveler, cost of transportation and per diem or subsistence required).

3. The number of persons making the trip, and the amount of equipment or material to be transported.

(b) The department of banking and finance may provide any form it deems necessary to cover travel requests for traveling on official business and when paid by the state. All out­standing transportation request books shall be canceled on or before January 1, 1964, and unused portions of such books returned to the department.

(c) Transportation by common carrier when traveling on official business and paid for per­sonally by the traveler, shall be substantiated by a receipt therefor. Federal tax shall not be reimbursable to the traveler unless the state and other public agencies are also required by federal law to pay such tax. In the event trans­portation other than the most economical class as approved by the agency head is provided by a common carrier on a flight check or credit card, the charges in excess of the most economical class shall be refunded by the traveler to the agency charged with the transportation provided in this manner.

(d) 1. The use of privately-owned vehicles for official travel in lieu of public-owned ve­hicles or common carrier may be authorized by the agency head if a public-owned vehicle is not available. Whenever travel is by privately­owned vehicle, the traveler shall be entitled to a mileage allowance at a fixed rate not to ex­ceed ten cents per mile or the common carrier fare for such travel , to be determined by the agency head. Reimbursement for expenditures related to the operation. maintenance, and ownership of a vehicle shall not be allowed when privately-owned vehicles are used on pub­lic business and reimbursement is made pur­suant to this paragraph, except as provided in subsection (8) of this section.

2. All mileage shall be shown from point of origin to point of destination and when pos­sible shall be computed on the basis of the current map of the department of transporta­tion. Vicinity mileage necessary for conduct of official business is allowable but must be shown as a separate item on the expense voucher.

(e) Transportation by chartered vehicles when traveling on official business may be au­thorized by the agency head when necessary or where it is to the advantage of the agency,. provided the cost of such transportation does not exceed the cost of transportation by pri­vately-owned vehicle pursuant to paragraph (d) of this subsection.

(f) The agency head may grant monthly

allowances in fixed amounts for use of pri­vately-owned automobiles on official business in lieu of the mileage rate provided in paragraph (d) of this subsection. Allowances granted pur­suant to this paragraph shall be reasonable, taking into account the customary use of the automobile, the roads customarily traveled, and whether any of the expenses incident to the operation, maintenance, and ownership of the automobile are paid from funds of the agency or other . public funds. Such aliowance may be changed at any time, and shall be made on the basis of a signed statement of the traveler, filed before the allowance is granted or changed, and at least annually thereafter. The statement shall show the places and distances for an average typical month's travel on official business, and the amount that would be al­lowed under the approved rate per mile for the travel shown in the statement, if payment had been made pursuant to paragraph (d) of this subsection.

(g) No contracts may be entered into be­tween a public officer or employee, Ol" any other person, and a public agency, in which a depre­ciation allowance is used in computing the ainount due by the agency to the individual for the use of a privately-owned vehicle on official business; provided, any such existing contract shall not be impaired.

(h) No traveler shall be allowed either mileage or transportation expense when he is gratuitously transported by another person, or when he is transported by ~mother traveler who is entitled to mileage or transportation expense.

(8) OTHER EXPENSES.-The following incidental traveling expenses of the traveler may he reimbursed:

(a) Taxi fare. (b) Ferry fares; and bridge, road and tun-

nel tolls. (c) Storage or parking fees. (d) Communication expense. (e) Convention registration fee while at­

tending a convention or conference which will serve a direct public purpose with relation to the public agency served by the person attend­ing such meetings. However, any meals or lodg· ing included in the registration fee will be de­ducted in accordance with the allowances pro­vided in subsection (6).

(9) TRAVEL AGENCIES.-The comptroller may pay to properly qualified travel agencies located in the state, for the purchase of tickets issued in exchange for state of Florida trans­portation requests to be used for travel on common carriers, upon such travel agencies obtaining an annual permit from the depart­ment at a cost of twenty-five dollars and under such rules and regulations, including a re­quirement for a ten thousand dollar bond to be furnished by the travel agency, as the de­partment may deem necessary.

(10) RULES AND REGULATIONS.-(a) The department shall promulgate such

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Ch. 112 PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS Ch. 112

rules and regulations and prescribe such forms as may be necessary to effectuate the purposes of this section. · (b) Each agency shall promulgate such ad­ditional rules and regulationa not in conflict with the rules and regulations of the depart­ment, as may be necessary to effectuate the purposes of this section. Such rules and regula­tions shall be recorded in the official minutes of the agency or maintained in a special file in the main office of the agency. ...

(11) FRAUDULENT CLAIM S.-Claims submitted pursuant to this section shall not be required to be sworn to before a notary public or other officer authorized to administer oaths but any claim authorized or required to be made under any provision of this section shall contain a statement that the expenses were actually in­curred by the traveler as necessary traveling ex­penses in the performance of his official duties and shall be verified by a written declaration that it is true and correct as to every material mat­ter; and any person who wilfully makes and sub­scribes any such claim which he does not believe to be true and correct as to every material matter, or who wilfully aids or assists in, or procures, counsels, or advises the preparation of presen­tation under the provisions of this section of a claim which is fraudulent or is false as to any material matter, whether or not such falsi­ty or fraud is with the knowledge or consent of the person authorized or required to present such claim, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083. Whoever shall receive an allowance or reimbursement by means of a false claim shall be civilly liable in the amount of the overpayment for the reimbursement of the public fund from which the claim was paid.

(12) TRAVEL VOUCHER FORMS.-The department of banking and finance shall furnish a uniform travel voucher form which shall be used by all state officers, employees, and au­thorized persons, when submitting traveling ex­pense statements for approval and payment. No traveling expense statement shall be approved for payment by the comptroller unless made on the form prescribed and furnished by the department.

(13) ADVANCEMENTS.-Notwithstanding any of the foregoing restrictions and limita­tions, an agency head may make, or authorize the making of, advances to cover anticipated costs of travel to travelers. Such advancements may include the costs of subsistence and travel of any person transported in the care or custody of the traveler in the performance of his duties.

Blstory.-§§1, 3, ch. 22830, 1945; Ul-3, ch. 23892, 1947; Ul, 3, ch. 25040, 1949; HI. 3, ch. 26910, 1951; n. ch. 28303, 1953; fl. ch. 29628, 1955; U, ch. 57-230; 11. ch. 61-183; U, ch. 61-43; fl. ch. 63-5; 11. ch. 63-182; U, ch. 63-122; 11. ch. 63-400; 112. 3, ch. 67-311; Ill, 2, ch. 67-2206; U. ch. 68-193; n. ch. 69·381; §§12, 23, 31, 35, ch. 69·106; §65, ch. 71·136; §I , ch. 72·213; §I, ch. 72·217; §1, ch. 72·324; §26, ch. 72·404; §I, ch. 73·169.

*Note.-Paragraph (3)(a) as amended takes effect October I , 1973. cf.-§250.19 Expenses for travel on military business.

112.07 Fixing terms of office of certain officers.-

(1) The terms of office of the succ~ssors to the incumbent members of the state racmg com­mission shall expire on the first Monday in Jan­uary, A.D. 1945, and thereafter the terms of office of said officials shall be for two years be­ginning in each instance on the first Tuesday after the first Monday in January and ending with the first Monday in January each two years thereafter.

(2) The governor is hereby authorized to make appointments and issue commissions for the full term of any of the offices covered by this section or for any fractional part of such term but nothing herein contained shall be construed to repeal or modify any existing law requiring confirmation by the senate of the ap­pointment of any such official, or any repeal or modification of any requirement of law as to the qualification, eligibility or other limitation upon the appointment, suspension or removal of a~y such official, inasmuch as the purpose of this section is to cause the terms of office of all the officials named in this section to expire concur­rently with the terms of office of the successive governors of Florida.

History.-§§1·3, ch. 20299, 1941 ; §6, ch. 65- 190; §34, ch. 71 ·377.

112.071 Procedure for confirmation of ap­pointment by senate.-

(1) Whenever an office created by the legis­lature or provided for by the constitution is or becomes vacant and when the appointment is required by the constitution or statute to be confirmed by the state senate and such office is to be filled by the governor the following procedure shall be followed, unless the state constitution requires otherwise:

*(a) If the vacancy occurs during a regular session of the senate, the governor shall send his appointment, together with a data sheet con­taining such background or biographical ma­terial concerning the appointee as the president of the senate may require, to the president of the senate or, in his absence, to the president pro tern, who shall lay the same before the senate for its approval or rejection. If it be approved by the senate, the fact of such approval shall be certified by the president and secretary of the senate or the president pro tern or the secretary pro te~, to the department of state, which shall prepare a commission for said appointee and countersign the same and transmit the same to the governor for his signature and delivery to the said appointee. Action by the senate on any appointment sent to the senate during the last fifteen days of any regular session may be de­ferred until the next ensuing regular session of the senate, in which case a commission shall be issued in the manner provided in paragraph (b), and the appointment shall be subject to the pro­visions of said paragraph (b).

*(b) If a vacancy occurs when the senate is not in session or in other than regular session, the governor shall notify the department of state of the said appointment and shall deliver to the department the appointee's data sheet for for­warding to the senate. The department shall

449

Ch. 112 PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS Ch.112

then prepare and countersign a commission for the term of the vacancy and deliver the same to the governor for his signature and delivery to the appointee. However, said appointment and commission shall be dependent upon the ap­proval by the senate at its next ensuing regular session. The department of state shall then forthwith notify the secretary of the senate of the appointment made by the governor, and the secretary of the senate shall so advise the presi­dent, president pro tern, and each member of the senate. Any appointment made after a general election in which a governor is elected and be­fore the first Tuesday after the first Monday in January following the general election may be withdrawn by the successor to the governor who made the appointment.

(c) Shouid the senate reject said appoint­ment and commissioning of the appointee, the said office shall forthwith become vacant. In such event, the appointee whose appointment is rejected by the senate shall not be eligible for appointment between the time of such rejection and the beginning date of the next ensuing regular session of the legislature. If the senate fails to act on said appointment and commis­sion during the session in which it is required to act, the appointee shall serve only until the .last day of the legislative session which takes no action on said appointment. If the senate does confirm the appointment, the appointee shall serve for the full term for which the office was created.

(d) The senate shall advise the governor and the department of state of its approval or rejection of the appointee or its failure to act upon the appointment.

(2) The length of term of the office shall be as set forth in the statute, subject to the limitations of the state constitution. If the statute does not specify whether an appoint­ment made between sessions of the legislature shall be for the full term thereof, said ap­pointment shall be for the full term of the office created if the senate confirms the said appointment. .

(3) Notwithstanding anything contained herein to the contrary, the senate may, upon the affirmative vote of a majority of those present, consider an appointment at any time it is in session.

Histor:r .- §§ 1, 2, ch. 65-466; 11. ch. 67-505; 1§10, 351 ch . 69-106; §1 , ch . 70-386; §1, ch. 70-439; §1 , ch. 73-139.

•Note.-Paragraphs (a) and (b) of subsection (1) as amended take effect October 1, 1973.

112.075 State officers and employees group insurance program.-

(1) TITLE AND PURPOSE.-(a) This section may be cited as the State

Officers and Employees Group Insurance Pro­gram Law.

(b) The purpose of this section is to authorize a group health insurance benefit program for all state officers and all full-time state employees holding salaried positions.

(2) DEFINITION.-"Full-time state employ­ees holding salaried positions" shall include all full-time employees of all branches or agencies of state government paid by state warrant or from agency funds, but in no case shall "state employee" or "salaried position" include persons hired for a temporary period under any law or administrative rule, profes­sional persons employed on a fee basis., or any person performing contract labor.

(3) DEPARTMENT OF ADMINISTRA-TION; POWER AND DUTIES.-

(a) The department of administration is hereby authorized to provide a group health insurance program for all state officers and employees as set forth in subsections (1) and (2) of this section.

(b) The department of administration shall be responsible for initiating and supervising the state officers and employees group insurance program authorized by this section, and in carry­ing out this responsibility the department shall:

1. Determine the benefits that are to be in­cluded in the group insurance program;

2. In cooperation with the department of insurance and the department of general serv­ices, prepare specifications necessary to imple­ment the program;

3. Through the division of purchasing of the department of general services, and pursuant to the provisions of part I, chapter 287, contract on a competitive bid basis with an insurance carrier or carriers which the department of insurance determines to be fully qualified, financially sound, and capable of meeting all servicing requirements;

4. Provide that the group insurance progranr shall be uniformly available to all state officers and full-time state employees holding salaried positions; and

5. Promulgate rules and regulations as may be necessary to perform its responsibilities .

(4) SECRETARY OF ADMINfSTRATION; DUTIES.- The secretary of administration shall be responsible for the administration of the group insurance program.

(5) PARTICIPATiON IN GROUP PLAN.­Participation in the state group insurance pro­gram by any state officer or employee shall at all times be voluntary under the rules and proce­dures prescribed by the department of adminis­tration.

(6) PREMIUMS; DEDUCTION FROM SAL­ARY.-Pursuant to the request of each officer or employee participating in the state group insurance program and upon certification of the employing agency, approved by the secretary of administration, the state comptroller shall de­duct from the salary payable to each participant the amount so certified and handle such deduc­tions in accordance with rules established by the secretary of administration.

(7) PAYMENT OF PREMIUMS; CON­TRIBUTION BY STATE.-

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