THE BILL ITSELF
SB 1416
Elections During Emergencies
Florida Senate - 2026 SB 1416 By Senator Polsky 30-00765A-26 20261416__
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A bill to be entitled
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An act relating to elections during emergencies;
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creating s. 101.7311, F.S.; requiring that elections,
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in the event of an emergency, be conducted in
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accordance with specified provisions and carried out
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in a certain manner; amending s. 101.732, F.S.;
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revising the definition of the term “emergency”;
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creating s. 101.7325, F.S.; authorizing supervisors of
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elections to request approval from the Secretary of
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State to take specified actions under specified
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conditions; specifying requirements for such request;
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requiring that supervisors submit all such requests at
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once, to the extent practicable; authorizing the
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submission of revised or additional requests under
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specified circumstances; requiring the secretary to
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approve or deny requests within a specified timeframe;
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requiring the secretary to consider specified factors;
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providing that requests are deemed approved under
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specified conditions; requiring the secretary to
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publish approvals and denials on the Department of
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State’s website; requiring the department to maintain
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an official record of all requests, approvals, and
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denials for public inspection; requiring that such
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records be compiled in a certain format; requiring
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that such records be used for specified purposes;
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authorizing supervisors to take specified actions
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under specified circumstances; specifying requirements
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for such actions; amending s. 101.733, F.S.; requiring
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that notice of a rescheduled election be posted on any
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social media account controlled by the supervisor or
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the supervisor’s office, on the affected county’s
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social media accounts, and a certain newspaper;
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requiring that contingency planning and procedures for
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elections be implemented in accordance with specified
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provisions; deleting provisions requiring the Division
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of Elections to adopt rules for an elections emergency
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contingency plan; creating s. 101.735, F.S.; requiring
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the division to adopt by rule a statewide election
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emergency contingency plan; requiring the plan to
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include specified procedures; requiring supervisors,
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in consultation with local emergency management
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officials, to develop a local election emergency
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contingency plan and submit such plan to the division
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for approval by a specified date; requiring the
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division to determine the sufficiency of such plan by
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a specified date; requiring a supervisor to submit a
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revised plan within a specified timeframe, under a
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specified condition; providing criteria for
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determining sufficiency; requiring that such plans be
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implemented in conjunction with specified provisions
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to ensure coordination of emergency powers and
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availability of equipment; creating s. 101.736, F.S.;
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defining the term “tabletop exercise”; requiring the
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secretary, in coordination with the supervisors, to
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develop an election emergency training program;
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providing that the training program is required for
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newly elected or appointed supervisors and critical
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staff, as determined by the supervisor; requiring the
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secretary to update such training periodically;
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requiring the secretary to convene a workgroup by a
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specified date to create a certain list; specifying
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requirements for the workgroup; requiring the
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secretary to use the list for specified actions;
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creating s. 101.738, F.S.; requiring the division to
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maintain a secure strategic election equipment reserve
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for specified purposes; specifying requirements for
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such reserve; authorizing the division, in lieu of a
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reserve, to contract with certified vendors to provide
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such equipment; specifying requirements for such
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contract; requiring the division to submit an annual
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report to the Governor and the Legislature by a
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specified date; specifying requirements for the
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report; amending s. 101.74, F.S.; revising the
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criteria that a supervisor of elections uses to
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establish an additional polling place under specified
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circumstances; authorizing qualified electors of the
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affected precinct to vote in the new location;
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requiring the supervisor to provide notice of the
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temporary polling place through specified means;
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authorizing supervisors to coordinate with emergency
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management officials; providing construction;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 101.7311, Florida Statutes, is created
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to read:
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101.7311 Application of Elections Emergency Act.—In the
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event of an emergency, elections must be conducted in accordance
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with the Elections Emergency Act which governs the suspension,
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delay, rescheduling, contingency planning, and deployment of
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election equipment necessary to ensure a safe and orderly
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election. These provisions must be carried out in a manner that
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upholds the integrity of elections administration, fosters trust
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in elections, and secures the maximum possible participation of
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eligible voters.
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Section 2. Subsection (3) of section 101.732, Florida
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Statutes, is amended to read:
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101.732 Definitions relating to Elections Emergency Act.—As
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used in ss. 101.731-101.74:
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(3) “Emergency” means any occurrence, or threat thereof,
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whether accidental, natural, or caused by human beings, in war
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or in peace, that results or may result in substantial injury or
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harm to the population or substantial damage to or loss of
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property to the extent it will prohibit an election officer’s
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ability to conduct a safe and orderly election or impair the
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ability of voters to safely and accessibly cast their ballot in
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accordance with state and federal requirements ensuring equal
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opportunity for all eligible voters .
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Section 3. Section 101.7325, Florida Statutes, is created
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to read:
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101.7325 Election emergency.—
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(1) If the Governor declares a state of emergency pursuant
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to s. 252.36 less than 60 days before an election, the
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supervisor of a county included in the state of emergency
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declaration may request approval from the Secretary of State to
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take any of the following actions necessary while the emergency
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declaration continues to include the county as an affected area:
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(a) Notwithstanding s. 101.657(1)(d), allow early voting to
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occur the day before an election.
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(b) Notwithstanding ss. 101.657 and 101.71, allow election
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day voting at early voting sites. The request must set forth
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sufficient facts to establish that a sufficient number of
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designated early voting sites, or sites that may be designated
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under subsection (3) are unavailable due to the emergency. For
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purposes of this paragraph, reasons that a polling place may be
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unavailable include, but are not limited to, the polling place
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no longer being safe for occupancy, the polling place being
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located in an area that is currently dangerous or difficult to
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travel to and from, or the polling place lacking adequate
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utilities. An early voting site designated as a polling place
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under this paragraph must, to the maximum extent practicable, be
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geographically located so as to provide all voters in the area
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with an equal opportunity to cast a ballot.
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(c) Notwithstanding the designation deadline in s.
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101.69(2)(b), designate additional secure ballot intake
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stations. The request must identify the locations of the
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additional secure ballot intake stations.
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(d) Notwithstanding s. 102.012(2), appoint inspectors and
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clerks who are registered qualified electors of this state but
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who are not registered qualified electors of the applicable
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county.
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(2) Each supervisor who submits a request pursuant to
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subsection (1) shall, to the extent practicable, submit all such
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requests at once. A supervisor may submit revised or additional
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requests if the emergency situation in his or her affected
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county changes. The Secretary of State shall approve or deny the
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requests in writing within 36 hours after receipt. In deciding
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whether to approve the requests, the Secretary of State shall
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consider the severity of the natural emergency, the damage to
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the impacted area, the extent of voter displacement, whether
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voters in an affected area have an equal opportunity to cast a
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ballot, and any factor that could impede voter access or
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transport to polling places, early voting sites, or supervisor
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offices. If the Secretary of State fails to approve or deny a
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request within the 36-hour period, the request is deemed
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approved. The Secretary of State shall publish each approval and
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denial on the department’s website as soon as practicable. The
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department shall maintain an official record of all requests
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submitted under subsection (1), together with all approvals and
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denials, for public inspection pursuant to chapter 119 and shall
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compile such records in a format that facilitates review and
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analysis to strengthen future contingency planning and the
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development of best practices in election administration. Such
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records must also be used to inform the election emergency
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training program and best practices workgroup required under s.
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101.736.
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(3) If the Governor declares a state of emergency pursuant
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to s. 252.36 less than 60 days before an election, the
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supervisor of a county included in the state of emergency
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declaration may take any of the following actions necessary
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while the emergency declaration continues to include the county
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as an affected area, upon provision of notice to the Secretary
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of State:
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(a) Notwithstanding the designation deadline in s.
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101.657(1)(b), change the location of designated early voting
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sites. The notice must identify the new address of each early
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voting site and the hours during which early voting will occur
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at each site.
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(b) Notwithstanding the early voting site locations
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specifically authorized in s. 101.657(1), designate early voting
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sites at other locations in areas of the county where eligible
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early voting locations are unavailable. The notice must set
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forth sufficient facts to establish that a sufficient number of
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early voting sites that were designated or that may be
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designated under paragraph (a) are unavailable due to the
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emergency. For purposes of this paragraph, reasons that an early
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voting site may be unavailable include, but are not limited to,
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the site no longer being safe for occupancy, the site being
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located in an area that is currently dangerous or difficult to
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travel to and from, or the site lacking adequate utilities. An
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early voting site designated under this paragraph must, to the
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maximum extent practicable, be geographically located so as to
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provide all voters in the area with an equal opportunity to cast
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a ballot.
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(c) If the supervisor determines that a poll worker
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shortage exists, appoint poll workers who have not met the
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training requirements in s. 102.014. However, such poll workers
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must have received the required training within the previous 2
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years.
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(d) Send a vote-by-mail ballot to a voter who has requested
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such ballot:
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1. By forwardable mail or to an address other than the
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address listed for the voter in the statewide voter registration
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system.
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2. Notwithstanding s. 101.62(1)(a) and (b), without the
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voter’s written request or if a written request is not signed.
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3. Notwithstanding s. 101.62(3)(c), as soon as practicable.
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Section 4. Section 101.733, Florida Statutes, is amended to
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read:
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101.733 Emergency suspension or delay of an election
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emergency; purpose; elections emergency contingency plan .
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Because of the existing and continuing possibility of an
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emergency or common disaster occurring before or during a
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regularly scheduled or special election, and in order to ensure
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maximum citizen participation in the electoral process and
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provide a safe and orderly procedure for persons seeking to
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exercise their right to vote, generally to minimize to whatever
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degree possible a person’s exposure to danger during declared
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states of emergency, and to protect the integrity of the
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electoral process, it is hereby found and declared to be
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necessary to designate a procedure for the emergency suspension
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or delay and rescheduling of elections.
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(1) The Governor may, upon issuance of an executive order
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declaring a state of emergency or impending emergency, suspend
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or delay any election. The Governor may take such action
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independently or at the request of the Secretary of State, a
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supervisor of elections from a county affected by the emergency
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circumstances, or a municipal clerk from a municipality affected
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by the emergency circumstances.
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(2) The Governor, upon consultation with the Secretary of
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State, shall reschedule any election suspended or delayed due to
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an emergency. The election shall be held within 10 days after
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the date of the suspended or delayed election or as soon
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thereafter as is practicable. Notice of the election must be
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published on the affected county’s website as provided in s.
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50.0311, on the affected supervisor’s website, on any official
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social media account controlled by the supervisor or the
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supervisor’s office, on the affected county’s official social
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media accounts, and or at least once in a newspaper of general
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circulation in the affected area and, where practicable,
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broadcast as a public service announcement on radio and
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television stations at least 1 week before the date the election
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is to be held. Contingency planning and procedures for elections
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suspended or delayed under this section must be implemented in
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accordance with s. 101.735.
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(3) The Division of Elections of the Department of State
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shall adopt, by rule, an elections emergency contingency plan,
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which shall contain goals and policies that give specific
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direction to state and local elections officials when an
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election has been suspended or delayed due to an emergency. The
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contingency plan shall be statewide in scope and shall address,
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but not be limited to, the following concerns:
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(a) Providing a procedure for state and local elections
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officials to follow when an election has been suspended or
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delayed to ensure notice of the suspension or delay to the
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proper authorities, the electorate, the communications media,
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poll workers, and the custodians of polling places.
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(b) Providing a procedure for the orderly conduct of a
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rescheduled election, whether municipal, county, district, or
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statewide in scope; coordinating those efforts with the
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appropriate elections official, and the members of the governing
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body holding such election, if appropriate; and working with the
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appropriate emergency management officials in determining the
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safety of existing polling places or designating additional
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polling places.
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(c) Providing a procedure for the release and certification
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of election returns to the department for elections suspended or
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delayed and subsequently rescheduled under the provisions of ss.
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101.731-101.74.
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Section 5. Section 101.735, Florida Statutes, is created to
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read:
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101.735 Election emergency contingency plans.—
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(1) The division shall adopt by rule a statewide election
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emergency contingency plan to provide specific direction in the
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event that an emergency occurs preceding or during an election.
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At a minimum, the contingency plan must include procedures to
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accomplish all of the following:
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(a) Ensure that necessary parties are notified of any
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changes impacting an election that has been suspended, delayed,
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rescheduled, or otherwise affected by an emergency. As used in
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this paragraph, the term “necessary parties” includes proper
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authorities, the electorate, the media, poll workers, and
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polling place custodians.
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(b) Ensure that an election that has been suspended,
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delayed, rescheduled, or otherwise affected by an emergency is
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conducted in a safe and orderly manner and include a plan to
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coordinate the actions of the division, supervisors, county
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canvassing boards and, if appropriate, members of the governing
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body holding such election.
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(c) Assess the safety and accessibility of existing polling
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places and, when necessary, designate additional polling places
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in coordination with emergency management officials.
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(d) Release and certify returns to the division for
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elections suspended, delayed, rescheduled, or otherwise affected
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by an emergency.
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(e) Coordinate efforts between supervisors in affected and
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unaffected counties to ensure voting opportunities for affected
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voters, including ensuring the delivery of vote-by-mail ballots
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to law enforcement officers, military personnel, first
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responders, and utility line workers.
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(2) Each supervisor, in consultation with local emergency
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management officials, shall develop a local election emergency
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contingency plan. The plan must be submitted to the division for
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approval by May 1 of every odd-numbered year. By May 30 of every
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odd-numbered year, the division shall determine whether the plan
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is sufficient under standard criteria adopted by rule. A
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supervisor whose plan is deemed insufficient must submit a
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revised plan within 30 days after notification. The criteria for
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determining sufficiency must include minimum requirements for
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postdisaster assessments, including community consultation to
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evaluate the extent of impact on voter access.
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(3) Contingency plans developed under this section must be
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implemented in conjunction with ss. 101.733 and 101.738 to
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ensure coordination of emergency powers and the availability of
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necessary election equipment.
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Section 6. Section 101.736, Florida Statutes, is created to
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read:
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101.736 Election emergency training; best practices.—
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(1) As used in this section, the term “tabletop exercise”
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means a session in which participants are guided through
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possible scenarios and discuss their roles and responsibilities
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if such a scenario occurs, as well as how they would respond to
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such a scenario.
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(2) The Secretary of State, in coordination with
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supervisors, shall develop an election emergency training
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program. The training program is required for newly elected or
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appointed supervisors and any critical staff, as determined by a
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supervisor. The Secretary of State shall update such training at
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least once every 4 years.
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(3) By June 1 of every odd-numbered year, the Secretary of
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State shall convene a workgroup to create a list of best
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practices for conducting an election during or after an
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emergency. In developing the list, the workgroup must review the
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official records of requests, approvals, and denials maintained
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under s. 101.7325(2) to identify lessons learned and
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opportunities for improvement. The workgroup must:
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(a) Include at least 10 current supervisors of elections;
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and
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(b) Participate in tabletop exercises involving election
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emergencies.
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(4) Using the list created under subsection (3), the
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Secretary of State shall:
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(a) Incorporate practices applicable to all counties into
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the statewide election emergency contingency plan under s.
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101.735(1).
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(b) Recommend practices applicable to specific counties to
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the applicable supervisor for inclusion in the supervisor’s
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local election emergency contingency plan under s. 101.735(2).
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Section 7. Section 101.738, Florida Statutes, is created to
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read:
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101.738 Strategic elections equipment reserve.—
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(1) The division shall maintain a secure strategic election
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equipment reserve that may be deployed in the event of an
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emergency or in the event of capacity issues due to unexpected
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voter turnout.
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(2) At a minimum, the reserve must include ballot marking
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devices, scanners, tabulation equipment, ballot-on-demand
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printers, paper required for voting machines and printers,
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accessible voting equipment, electronic poll books,
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uninterruptible power supplies, generators, cabling, and power
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cords and may also include other related equipment necessary to
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ensure continuity of elections, consistent with the voting
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systems certified for use by each supervisor of elections.
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(3) In lieu of maintaining a physical reserve of such
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equipment, the division may contract with one or more certified
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vendors of voting systems to provide such equipment on an as
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needed basis. Any such contract must include all of the
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following:
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(a) A guaranteed delivery timeframe no later than 24 hours
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after a request by a supervisor of elections, the division, or
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the department.
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(b) Requirements for secure transportation, installation,
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and removal of equipment.
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(c) Maintenance of secure custody and detailed chain of
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custody records for all equipment, consistent with s. 101.015
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and related administrative rules, including documentation of
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each transfer, installation, and removal and compliance with
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applicable state cybersecurity and physical security standards.
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(4) The division shall submit an annual report by February
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1 to the Governor, the President of the Senate, and the Speaker
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of the House of Representatives which includes all of the
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following:
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(a) The current inventory of equipment held in reserve or
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available by vendor contract.
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(b) A list of all deployments of equipment under this
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section during the prior calendar year, including the reason for
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deployment, response time, and associated costs.
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(c) Recommendations for improvement to ensure readiness for
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future elections.
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Section 8. Section 101.74, Florida Statutes, is amended to
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read:
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101.74 Temporary change of polling place in case of
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emergency.—In case of an emergency existing in any precinct at
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the time of the holding of any election, the supervisor of
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elections may establish, at any safe , accessible, and convenient
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point outside such precinct, an additional polling place for the
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electors of that precinct , in which place the qualified electors
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may vote . The qualified electors of the affected precinct may
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vote at such location, and the registration books of the
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affected precinct shall be applicable to, and shall be used at,
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the polling place so established. The supervisor shall provide
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notice of the temporary polling place change through signage at
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the original site, the supervisor’s website and related social
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media accounts, and other reasonable means, such as signage at
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nearby emergency shelters or temporary housing locations, to
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inform affected voters. In exercising this authority, the
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supervisors of elections may coordinate with emergency
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management officials under s. 101.735 or apply relevant best
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practices developed under s. 101.736, but such coordination is
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not a prerequisite to action under this section.
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Section 9. This act shall take effect July 1, 2026.