HB 1419 full text · Session Watch

1 A bill to be entitled

2 An act relating to elections; amending s. 20.10, F.S.;

3 requiring that the Secretary of State be elected,

4 rather than appointed, and serve a specified term;

5 specifying when such election must occur; amending s.

6 20.32, F.S.; requiring the Florida Commission on

7 Offender Review to develop and maintain a database for

8 a specified purpose; specifying database requirements;

9 requiring specified entities to provide specified

10 information to the commission on a monthly basis;

11 requiring the Department of Management Services,

12 acting through the Florida Digital Service, to provide

13 technical assistance to the commission in developing

14 and maintaining the database; authorizing the

15 Department of Management Services to adopt rules;

16 requiring the commission to make the database publicly

17 available on a website by a specified date; requiring

18 the commission to update the database monthly;

19 requiring the commission to publish certain

20 instructions on the website; requiring the commission

21 to submit a certain comprehensive plan to the Governor

22 and the Legislature by a specified date; specifying

23 requirements for the comprehensive plan; providing

24 that certain persons who register to vote may not be

25 charged with certain violations as a result of such

26 registration or voting; requiring the Division of

27 Elections and the supervisors of elections to complete

28 the necessary steps to reregister individuals under

29 specified conditions; requiring the division and

30 supervisors to send certain mail to individuals under

31 specified conditions; requiring the information in the

32 statewide database to be updated weekly rather than

33 monthly during a specified timeframe; requiring the

34 commission to adopt rules; amending s. 97.021, F.S.;

35 defining terms; revising the definition of the term

36 "election"; providing construction; repealing s.

37 97.022, F.S., relating to the Office of Election

38 Crimes and Security; repealing s. 97.0291, F.S.,

39 relating to prohibiting the use of private funds for

40 election-related expenses; creating s. 97.0556, F.S.;

41 authorizing a person who meets certain requirements to

42 register to vote for the early voting period or

43 election day at an early voting site or his or her

44 polling place and cast a ballot immediately

45 thereafter; amending s. 97.057, F.S.; authorizing the

46 Department of Highway Safety and Motor Vehicles to

47 preregister certain individuals to vote; providing

48 that driver license or identification card

49 applications, driver license or identification card

50 renewal applications, and applications for changes of

51 address for existing driver licenses or identification

52 cards submitted to the department serve as voter

53 registration applications; providing that an applicant

54 is deemed to have consented to the use of his or her

55 signature for voter registration purposes unless a

56 declination is made; requiring that specified

57 applications include a voter registration component,

58 subject to approval by the Department of State;

59 providing requirements for the voter registration

60 component; requiring the Department of Highway Safety

61 and Motor Vehicles to transmit voter registration

62 information electronically to the Department of State

63 within a specified timeframe; requiring the Department

64 of State to provide such information to supervisors of

65 elections; deleting a provision prohibiting persons

66 providing voter registration services for a driver

67 license office from making changes to an applicant's

68 party affiliation without the applicant's consent and

69 separate signature; requiring the Department of

70 Highway Safety and Motor Vehicles to ensure that all

71 registration services comply with state and federal

72 laws; requiring the Department of Highway Safety and

73 Motor Vehicles, as soon as practicable, to notify the

74 Department of State of any change to a driver license

75 number or identification card number; requiring the

76 Department of State to transmit such changes to the

77 appropriate supervisor; requiring such supervisors to

78 update registration records and provide notice by mail

79 of such change to the registrant; prohibiting a change

80 in a driver license or an identification card number

81 from being the sole basis that prevents an otherwise

82 eligible citizen from casting his or her ballot;

83 deleting obsolete language; making technical changes;

84 amending s. 97.0575, F.S.; revising the information a

85 third-party voter registration organization is

86 required to provide to the Division of Elections of

87 the Department of State; deleting a provision that

88 provides for the expiration of such organization's

89 registration at the conclusion of the general election

90 cycle for which the organization is registered;

91 deleting provisions requiring such organizations to

92 provide a specified receipt in a uniform format to

93 applicants; revising the timeframe within which such

94 organizations must deliver completed applications to

95 the division or a supervisor of elections; revising

96 certain penalties; revising the aggregate limit of

97 such penalties; requiring that fines be remitted to

98 specified supervisors of elections; requiring such

99 supervisors to expend monies collected from such fines

100 for specified purposes; deleting criminal and

101 administrative penalties; deleting provisions

102 requiring the division to adopt certain rules;

103 deleting provisions that prohibit providing applicants

104 a pre-filled voter registration application and the

105 specified fine for such action; deleting provisions

106 for retroactive application; creating part III of ch.

107 97, F.S., entitled "Florida Voting Rights Act";

108 creating s. 97.21, F.S.; prohibiting local

109 governments, state agencies, and state officials from

110 implementing, imposing, or enforcing election

111 policies, practices, or actions that result in, will

112 result in, or are intended to result in specified

113 disparities or impairments; providing that it is not a

114 violation if such entities demonstrate, by a specified

115 evidentiary standard, certain conditions; providing

116 that it is always a violation if specified

117 circumstances exist; prohibiting local governments

118 from employing methods of election that have the

119 effect, will likely have the effect, or are motivated

120 in part by the intent of diluting the vote of

121 protected class members; providing the requirements to

122 establish a violation; providing relevant factors to

123 evaluate the totality of circumstances related to

124 voter suppression and vote dilution; providing

125 construction; providing that such factors are most

126 probative under a specified condition; providing

127 circumstances used to determine whether elections in

128 the local government exhibit racially polarized

129 voting; providing construction; providing

130 circumstances that are never relevant to violations of

131 specified provisions; providing that a state interest

132 in preventing voter fraud or bolstering voter

133 confidence in the integrity of elections is relevant

134 under specified circumstances; providing that evidence

135 concerning the intent of electors, elected officials,

136 and public officials is not required to prove such

137 violations; providing that voting habits of protected

138 class members may be relevant to certain violations;

139 requiring a prospective plaintiff, before filing a

140 certain action against a local government, to send a

141 notification letter, by specified means, to the local

142 government; prohibiting a party from filing an action

143 under specified circumstances; authorizing a local

144 government to adopt a specified resolution within a

145 specified timeframe; providing that, under certain

146 circumstances, a proposed remedy in such resolution

147 may be approved by the Florida Voting Rights Act

148 Commission if certain conditions are met; authorizing

149 a party that sent a notification letter to submit a

150 claim for reimbursement from the local government

151 under specified circumstances; providing requirements

152 for such claim; authorizing the party or local

153 government to file an action for declaratory judgment

154 for a clarification of rights under certain

155 circumstances; authorizing a party to bring a cause of

156 action for a specified violation under specified

157 circumstances; requiring certain local governments to

158 take certain action; requiring the commission to post

159 notification letters and resolutions on its website

160 under certain circumstances; authorizing the

161 commission to adopt certain rules; prohibiting local

162 governments from asserting specified defenses;

163 authorizing specified entities to file certain

164 enforcement actions; prohibiting certain entities from

165 being compelled to disclose the identity of a member;

166 providing construction; creating s. 97.22, F.S.;

167 creating the Florida Voting Rights Act Commission

168 within the Department of State; providing that the

169 commission is a separate budget entity and must submit

170 a budget in accordance with specified provisions;

171 requiring the commission to have its own staff;

172 providing that the commission is not subject to

173 control, supervision, or direction by the Department

174 of State; providing for the composition of the

175 commission; providing that commissioners serve

176 staggered terms; requiring that commissioners be

177 compensated at a specified hourly rate; requiring the

178 formation of a nominating committee; providing for the

179 appointment and removal of nominating committee

180 members; requiring the nominating committee to select

181 a chair; requiring that commissioners be selected

182 using a specified process; requiring that upon initial

183 formation of the commission, a specified number of

184 commissioners be selected by lot and randomly assigned

185 term lengths for purposes of achieving staggered

186 terms; providing for filling vacancies on the

187 commission; authorizing the commission to take

188 specified actions in any action or investigation to

189 enforce specified provisions; authorizing the

190 commission to hire staff and make expenditures for a

191 specified purpose; authorizing the commission to adopt

192 rules; creating s. 97.23, F.S.; requiring the

193 commission to enter into agreements with one or more

194 postsecondary educational institutions to create the

195 Florida Voting and Elections Database and Institute

196 for specified purposes; requiring the parties to the

197 agreement to enter into a memorandum of understanding

198 that includes the process for selecting a director of

199 the database and institute; requiring the database and

200 institute to provide a center for specified purposes;

201 authorizing the database and institute to perform

202 specified actions; requiring the database and

203 institute to make election and voting data records for

204 a specified timeframe available to the public at no

205 cost and to maintain such records in an electronic

206 format; requiring the database and institute to use

207 certain methodologies when preparing estimates;

208 specifying the data and records that must be

209 maintained; requiring state agencies and local

210 governments to timely provide any information

211 requested by the director of the database and

212 institute; requiring local governments to transmit

213 specified information to the database and institute

214 within a certain timeframe; requiring specified

215 entities to provide data, statistics, and other

216 information annually to the database and institute;

217 authorizing specified entities to file enforcement

218 actions; providing construction; prohibiting certain

219 entities from being compelled to disclose the identity

220 of a member for a certain purpose; providing that

221 enforcement actions may be filed in accordance with

222 the Florida Rules of Civil Procedure or in a specified

223 venue; requiring the database and institute to

224 annually publish a certain report within a specified

225 timeframe; requiring the database and institute to

226 provide nonpartisan technical assistance to specified

227 entities; providing that a rebuttable presumption

228 exists that data, estimates, or other information from

229 the database and institute is valid; creating s.

230 97.24, F.S.; defining terms; requiring the Florida

231 Voting Rights Act Commission to designate languages

232 other than English for which language assistance must

233 be provided by a local government, if certain

234 conditions exist; providing the circumstances under

235 which the commission must designate languages other

236 than English for voting and elections; requiring the

237 commission to publish specified information annually

238 on its website and distribute such information to

239 local governments; requiring local governments to

240 provide language assistance for specified purposes if

241 the commission makes a certain determination;

242 requiring that certain materials be provided in such

243 language; requiring that certain information be given

244 orally to voters; requiring that translated materials

245 be of a certain quality, convey a specified intent and

246 meaning, and may not rely solely on automatic

247 translation services; requiring that live translation

248 be used if available; requiring the commission to

249 establish a specified review process; providing

250 requirements for such review process; authorizing

251 specified entities to file enforcement actions;

252 prohibiting certain entities from being compelled to

253 disclose the identity of a member for a certain

254 purpose; providing construction; requiring that

255 enforcement actions be filed in accordance with the

256 Florida Rules of Civil Procedure or in a specified

257 venue; creating s. 97.25, F.S.; providing that the

258 enactment or implementation of a covered policy by a

259 covered jurisdiction is subject to preclearance by the

260 commission; specifying actions by a local government

261 which are covered policies; requiring that if a

262 covered jurisdiction does not make changes to its

263 method of election, such method is deemed a covered

264 policy that must be submitted to the commission;

265 specifying which local governments are covered

266 jurisdictions; requiring the commission to determine

267 and publish annually on its website a list of local

268 governments that are covered jurisdictions; requiring

269 a covered jurisdiction, if seeking preclearance, to

270 submit the covered policy to the commission in

271 writing; requiring the commission to review the

272 covered policy and grant or deny preclearance;

273 providing that the covered jurisdiction bears the

274 burden of proof in the preclearance process; providing

275 that the commission may deny preclearance only if it

276 makes certain determinations; providing that if

277 preclearance is denied, the covered policy may not be

278 enacted or implemented; requiring the commission to

279 provide a written explanation for a denial;

280 authorizing a covered jurisdiction to immediately

281 enact or implement a covered policy if granted

282 preclearance; providing that such determination is not

283 admissible and may not be considered by a court in a

284 subsequent action challenging the covered policy;

285 providing that a covered policy is deemed precleared

286 and may be implemented or enacted by the covered

287 jurisdiction if the commission fails to approve or

288 deny the covered policy within specified timeframes;

289 requiring the commission to grant or deny preclearance

290 within specified timeframes; authorizing the

291 commission to invoke a specified number of extensions

292 of a specified timeframe to determine preclearance;

293 providing that a denial of preclearance may be

294 appealed only by the covered jurisdiction in a

295 specified venue; authorizing specified entities to

296 enjoin the enactment or implementation of specified

297 policies and to seek sanctions against covered

298 jurisdictions in specified circumstances; authorizing

299 specified entities to file enforcement actions;

300 prohibiting certain entities from being compelled to

301 disclose the identity of a member for a certain

302 purpose; providing construction; specifying that

303 enforcement actions must be filed in accordance with

304 the Florida Rules of Civil Procedure or in a specified

305 venue; requiring the commission to adopt rules;

306 creating s. 97.26, F.S.; prohibiting a person from

307 engaging in acts of intimidation, deception, or

308 obstruction, or any other tactic that has the effect

309 or will reasonably have the effect, of interfering

310 with another person's right to vote; specifying acts

311 that are deemed violations; providing a rebuttable

312 presumption; providing an exception; authorizing

313 specified entities to file a civil action alleging a

314 violation of specified provisions; prohibiting certain

315 entities from being compelled to disclose the identity

316 of a member for a certain purpose; providing

317 construction; specifying that actions must be filed in

318 accordance with the Florida Rules of Civil Procedure

319 or in a specified venue; requiring the court to order

320 specified remedies; creating s. 97.27, F.S.; providing

321 construction; providing applicability; creating s.

322 97.28, F.S.; requiring the court to order appropriate

323 remedies for violations of the act; specifying

324 appropriate remedies; requiring the court to consider

325 remedies proposed by specified parties; prohibiting

326 the court from giving deference to a remedy proposed

327 by the state or local government; providing that the

328 court is empowered to require local governments to

329 implement certain remedies under specified conditions;

330 requiring the court to grant a temporary injunction or

331 other preliminary relief requested under specified

332 conditions; requiring the court to award attorney fees

333 and litigation costs to the prevailing party in

334 actions to enforce specified provisions; providing

335 that a party is deemed to prevail if certain

336 conditions are met; prohibiting the court from

337 awarding costs for the prevailing party under

338 specified circumstances; amending s. 98.045, F.S.;

339 conforming a cross-reference; amending s. 98.255,

340 F.S.; revising the standards the Department of State

341 is required to prescribe by rule for nonpartisan voter

342 education; requiring that supervisors provide public-

343 facing voter information in plain language to be

344 understood by certain persons; amending s. 100.371,

345 F.S.; providing that a certain notice may be returned

346 to the supervisor of elections instead of the Office

347 of Elections Crime and Security; requiring that such

348 notice contain specified information relating to the

349 supervisor of elections; requiring supervisors to

350 transmit a copy of such notice to the Division of

351 Elections; requiring supervisors to notify the

352 Department of State instead of the Office of Election

353 Crimes and Security if a specified percentage of

354 petition forms are deemed invalid; requiring the

355 department instead of the Office of Election Crimes

356 and Security to conduct a certain preliminary

357 investigation; authorizing the Secretary of State

358 instead of the Office of Election Crimes and Security

359 to report findings to the statewide prosecutor; making

360 conforming changes; creating s. 100.51, F.S.;

361 establishing General Election Day as a paid holiday;

362 providing that a voter may absent himself or herself

363 from service or employment at a specific time on

364 General Election Day and may not be penalized or have

365 salary or wages deducted for such absence; creating s.

366 101.016, F.S.; requiring the Division of Elections to

367 maintain a secure election equipment reserve for

368 specified purposes; requiring that such reserve

369 include specified equipment; authorizing the division

370 to contract with specified entities rather than

371 physically maintain such reserve; providing contract

372 requirements; requiring the division to annually

373 submit a specified report to the Governor and the

374 Legislature, beginning on a specified date; repealing

375 s. 101.019, F.S., relating to the prohibition against

376 ranked-choice voting; amending s. 101.048, F.S.;

377 providing that a voter may cast a provisional ballot

378 at any precinct in the county in which the voter

379 claims to be registered; making technical changes;

380 amending s. 101.572, F.S.; deleting provisions on the

381 public inspection of ballots and ballot cards and

382 notification to candidates; amending s. 101.62, F.S.;

383 providing that a request for a vote-by-mail ballot is

384 valid until the voter cancels the request; revising

385 the timeframe during which the supervisor must mail

386 vote-by-mail ballots before election day; deleting

387 requirements for a person designated by a voter to

388 pick up the voter's vote-by-mail ballot; providing for

389 extension of deadlines under certain conditions;

390 amending s. 101.64, F.S.; requiring supervisors of

391 elections to enclose a postage prepaid mailing

392 envelope with each vote-by-mail ballot; providing that

393 vote-by-mail ballot voter certificates may be signed

394 with the last four digits of the voter's social

395 security number; making technical changes; amending s.

396 101.65, F.S.; revising the instructions that must be

397 provided with a vote-by-mail ballot; amending s.

398 101.68, F.S.; requiring supervisors of elections to

399 compare the signature or last four digits of the

400 social security number on a voter's certificate with

401 the signature or last four digits of the social

402 security number in the registration books or precinct

403 register when canvassing a vote-by-mail ballot;

404 requiring a canvassing board to compare the signature

405 or last four digits of the social security number on a

406 voter's certificate or vote-by-mail ballot cure

407 affidavit with the signature or last four digits of

408 the social security number in the registration books

409 or precinct register when canvassing a vote-by-mail

410 ballot and to determine the validity of such ballot;

411 deleting the authorization for certain persons to file

412 a protest against the canvass of a ballot; revising

413 the instructions on a cure affidavit; amending s.

414 101.69, F.S.; deleting a provision providing that

415 specified secure ballot intake stations be used only

416 during specified timeframes and be monitored by an

417 employee of the supervisor's office; requiring that

418 secure ballot intake stations be monitored by the

419 supervisor's office during specified timeframes

420 instead of continuously monitored in person by an

421 employee; deleting a provision authorizing a certain

422 civil penalty; making technical changes; repealing s.

423 104.0616, F.S., relating to violations regarding vote-

424 by-mail ballots and voting; amending s. 104.155, F.S.;

425 deleting a provision prohibiting a person from raising

426 his or her ignorance regarding citizenship as a

427 defense to specified violations; amending ss. 104.42

428 and 921.0022, F.S.; conforming provisions to changes

429 made by the act; providing effective dates.

431 WHEREAS, Harry T. and Harriette V. Moore were the first

432 true civil rights activists of the modern civil rights era in

433 this state, and

434 WHEREAS, the Moores, and the organizations they helped

435 found and lead, were instrumental in registering more than

436 100,000 black voters in this state, and

437 WHEREAS, the Moores paid the ultimate price for the

438 freedoms they fought to secure for their community when members

439 of the Ku Klux Klan bombed their home in Mims on Christmas Day

440 in 1951, and

441 WHEREAS, at the time of their death, Florida had the most

442 registered black voters, outpacing any other state in the South,

443 and

444 WHEREAS, the purpose of this act is to encourage maximum

445 participation of all eligible voters in this state's electoral

446 process, and

447 WHEREAS, electoral systems that deny race, color, or

448 language minority groups an equal opportunity to elect

449 candidates of their choice and influence the outcome of an

450 election are inconsistent with the right to equal treatment

451 before the law as provided in Articles I and II of the State

452 Constitution, as well as protections found in the 14th and 15th

453 Amendments to the United States Constitution, and

454 WHEREAS, this act expands voting rights granted under the

455 federal Voting Rights Act of 1965 and reaffirms the well-

456 established principle of "one person, one vote," and

457 WHEREAS, following decisions by the United States Supreme

458 Court in Shelby County v. Holder and Brnovich v. Democratic

459 National Committee, the landmark Voting Rights Act of 1965 has

460 been severely diminished in its ability to protect the freedom

461 and opportunity of black and brown voters to participate fully

462 in the political process of our democratic republic, and

463 WHEREAS, this act builds on the historical work of the

464 named and nameless Floridians who fought for their right to the

465 elective franchise, NOW, THEREFORE,

467 Be It Enacted by the Legislature of the State of Florida:

469 Section 1. Effective upon becoming a law, subsection (1)

470 of section 20.10, Florida Statutes, is amended to read:

471 20.10 Department of State.—There is created a Department

472 of State.

473 (1) The head of the Department of State is the Secretary

474 of State. The Secretary of State shall be elected at the

475 statewide general election at which the Governor, Lieutenant

476 Governor, and Cabinet officers are elected, as provided in s. 5,

477 Art. IV of the State Constitution, and shall serve a term of 4

478 years beginning on the first Tuesday after the first Monday in

479 January of the year following such election ~~appointed by the~~

480 ~~Governor, subject to confirmation by the Senate, and shall serve~~

481 ~~at the pleasure of the Governor.~~ The Secretary of State shall

482 perform the functions conferred by the State Constitution upon

483 the custodian of state records.

484 Section 2. Subsection (4) is added to section 20.32,

485 Florida Statutes, to read:

486 20.32 Florida Commission on Offender Review.—

487 (4)(a) For the purpose of assisting a person who has been

488 disqualified from voting based on a felony conviction, other

489 than a conviction for murder or a felony sexual offense, in

490 determining whether he or she has met the requirements under s.

491 98.0751 to have his or her voting rights restored pursuant to s.

492 4, Art. VI of the State Constitution, the commission shall

493 develop and maintain a database that contains for each such

494 person all of the following information:

495 1. His or her name and any other personal identifying

496 information.

497 2. The remaining length of any term of supervision,

498 including, but not limited to, probation, community control, or

499 parole, ordered by a court as part of his or her sentence.

500 3. The remaining amount of any restitution he or she owes

501 to a victim as ordered by a court as part of his or her

502 sentence.

503 4. The remaining amount due of all fines or fees that were

504 initially ordered by a court as part of his or her sentence or

505 as a condition of any form of supervision, including, but not

506 limited to, probation, community control, or parole.

507 5. The completion status of any other term ordered by a

508 court as a part of his or her sentence.

509 6. Any other information needed to determine whether he or

510 she has met the requirements for restoration of voting rights

511 under s. 98.0751.

512 (b) The Department of State, the Department of

513 Corrections, the clerks of the circuit court, the county

514 comptrollers, and the Board of Executive Clemency shall provide

515 to the commission on a monthly basis any information required

516 under paragraph (a).

517 (c) The Department of Management Services, acting through

518 the Florida Digital Service, shall provide any technical

519 assistance necessary for the commission to develop and maintain

520 the database. The Department of Management Services may adopt

521 rules governing the provision of such assistance.

522 (d) By July 1, 2028, the commission shall make the

523 database available on a public website. The commission shall

524 update the database monthly with the information received from

525 each governmental entity under paragraph (b). The commission

526 shall publish on the website clear instructions that a person

527 who has been disqualified from voting based on a felony

528 conviction, other than for murder or a felony sexual offense,

529 may follow to have his or her voting rights restored and to

530 register to vote.

531 (e) By July 1, 2027, the commission shall provide a

532 comprehensive plan to the Governor, the President of the Senate,

533 and the Speaker of the House of Representatives which includes

534 all of the following:

535 1. The governmental entities from which and the methods by

536 which the commission shall collect, centralize, analyze, and

537 secure the information required to be included in the database.

538 2. A description of any infrastructure and services,

539 including, but not limited to, software, hardware, and

540 information technology services, which may be necessary to

541 create and maintain the database.

542 3. The anticipated number of additional employees

543 necessary for:

544 a. The commission to develop and maintain the database.

545 b. A governmental entity to provide the information

546 required under paragraph (b).

547 c. The Florida Digital Service to provide the assistance

548 required under paragraph (c).

549 4. The anticipated initial cost to develop the database;

550 the annual cost to maintain the database; and the annual

551 appropriation required to fund the anticipated costs incurred by

552 the commission, each governmental entity, and the Florida

553 Digital Service.

554 5. Any legal authority necessary for the commission to

555 develop and maintain the database.

556 6. Draft legislation to implement the comprehensive plan.

557 (f) Notwithstanding any other law, a person who registers

558 to vote or who votes in reasonable reliance on information

559 contained in the database indicating that his or her voting

560 rights have been restored pursuant to s. 4, Art. VI of the State

561 Constitution has an affirmative right to register and to vote

562 and may not be charged with a violation of any criminal law of

563 this state related to fraudulently voting or registering to

564 vote.

565 (g) If an individual was registered to vote before his or

566 her felony conviction met the requirements under s. 98.0751 to

567 have his or her voting rights restored pursuant to s. 4, Art. VI

568 of the State Constitution, the Division of Elections and the

569 individual's supervisor of elections shall, as soon as

570 practicable, complete the necessary steps to automatically

571 reregister such individual to vote at his or her most recent

572 address. This process must be noted in the statewide database.

573 (h) If an individual meets the requirements under s.

574 98.0751 to have his or her voting rights restored pursuant to s.

575 4, Art. VI of the State Constitution, but was not registered to

576 vote before his or her conviction, the Division of Elections and

577 the individual's supervisor of elections shall send by United

578 States mail to the individual's most current address information

579 on how to register to vote, including a copy of the current

580 voter registration form. This process must be noted in the

581 statewide database.

582 (i) Within 120 days before a general election until the

583 voter registration deadline for that election, information on

584 the statewide database must be updated weekly rather than

585 monthly.

586 (j) The commission shall adopt rules to implement this

587 subsection.

588 Section 3. Section 97.021, Florida Statutes, is amended to

589 read:

590 97.021 Definitions.—For the purposes of this code, except

591 where the context clearly indicates otherwise, the term:

592 (1) "Absent elector" means any registered and qualified

593 voter who casts a vote-by-mail ballot.

594 (2) "Absent uniformed services voter" means:

595 (a) A member of a uniformed service on active duty who, by

596 reason of such active duty, is absent from the place of

597 residence where the member is otherwise qualified to vote;

598 (b) A member of the merchant marine who, by reason of

599 service in the merchant marine, is absent from the place of

600 residence where the member is otherwise qualified to vote; or

601 (c) A spouse or dependent of a member referred to in

602 paragraph (a) or paragraph (b) who, by reason of the active duty

603 or service of the member, is absent from the place of residence

604 where the spouse or dependent is otherwise qualified to vote.

605 (3) "Address of legal residence" means the legal

606 residential address of the elector and includes all information

607 necessary to differentiate one residence from another,

608 including, but not limited to, a distinguishing apartment,

609 suite, lot, room, or dormitory room number or other identifier.

610 (4) "Alternative formats" has the meaning ascribed in the

611 Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42

612 U.S.C. ss. 12101 et seq., including specifically the technical

613 assistance manuals promulgated thereunder, as amended.

614 (5) "Automatic tabulating equipment" means an apparatus

615 that automatically examines, counts, and records votes.

616 (6) "Ballot" or "official ballot" when used in reference

617 to:

618 (a) "Electronic or electromechanical devices" means a

619 ballot that is voted by the process of electronically

620 designating, including by touchscreen, or marking with a marking

621 device for tabulation by automatic tabulating equipment or data

622 processing equipment.

623 (b) "Marksense ballots" means that printed sheet of paper,

624 used in conjunction with an electronic or electromechanical vote

625 tabulation voting system, containing the names of candidates, or

626 a statement of proposed constitutional amendments or other

627 questions or propositions submitted to the electorate at any

628 election, on which sheet of paper an elector casts his or her

629 vote.

630 (7) "Candidate" means any person to whom any one or more

631 of the following applies:

632 (a) Any person who seeks to qualify for nomination or

633 election by means of the petitioning process.

634 (b) Any person who seeks to qualify for election as a

635 write-in candidate.

636 (c) Any person who receives contributions or makes

637 expenditures, or gives his or her consent for any other person

638 to receive contributions or make expenditures, with a view to

639 bringing about his or her nomination or election to, or

640 retention in, public office.

641 (d) Any person who appoints a treasurer and designates a

642 primary depository.

643 (e) Any person who files qualification papers and

644 subscribes to a candidate's oath as required by law.

646 However, this definition does not include any candidate for a

647 political party executive committee.

648 (8) "Database and institute" means the Florida Voting and

649 Elections Database and Institute.

650 (9) "Department" means the Department of State.

651 (10)(9) "Division" means the Division of Elections of the

652 Department of State.

653 ~~(11)(10)~~ "Early voting" means casting a ballot prior to

654 election day at a location designated by the supervisor of

655 elections and depositing the voted ballot in the tabulation

656 system.

657 ~~(12)(11)~~ "Early voting area" means the area designated by

658 the supervisor of elections at an early voting site at which

659 early voting activities occur, including, but not limited to,

660 lines of voters waiting to be processed, the area where voters

661 check in and are processed, and the area where voters cast their

662 ballots.

663 ~~(13)(12)~~ "Early voting site" means those locations

664 specified in s. 101.657 and the building in which early voting

665 occurs.

666 ~~(14)(13)~~ "Election" means any primary election, special

667 primary election, special election, general election, county

668 election, municipal election, referendum, or presidential

669 preference primary election, or any other local or state

670 election.

671 ~~(15)(14)~~ "Election board" means the clerk and inspectors

672 appointed to conduct an election.

673 ~~(16)(15)~~ "Election costs" shall include, but not be

674 limited to, expenditures for all paper supplies such as

675 envelopes, instructions to voters, affidavits, reports, ballot

676 cards, ballot booklets for vote-by-mail voters, postage, notices

677 to voters; advertisements for registration book closings,

678 testing of voting equipment, sample ballots, and polling places;

679 forms used to qualify candidates; polling site rental and

680 equipment delivery and pickup; data processing time and

681 supplies; election records retention; and labor costs, including

682 those costs uniquely associated with vote-by-mail ballot

683 preparation, poll workers, and election night canvass.

684 (17) "Election policy or practice" includes any

685 qualification to be an elector, prerequisite to voting, or

686 method of election, as well as any law, statute, ordinance,

687 resolution, charter code or provision, regulation, rule, policy,

688 practice, procedure, standard, or action with respect to voting

689 or the administration or schedule of elections.

690 ~~(18)(16)~~ "Elector" is synonymous with the word "voter" or

691 "qualified elector or voter," except where the word is used to

692 describe presidential electors.

693 (19) "Federal Voting Rights Act" means the federal Voting

694 Rights Act of 1965, 52 U.S.C. s. 10301 et seq., as amended.

695 (20) "FLVRA Commission" means the Florida Voting Rights

696 Act Commission.

697 ~~(21)(17)~~ "General election" means an election held on the

698 first Tuesday after the first Monday in November in the even-

699 numbered years, for the purpose of filling national, state,

700 county, and district offices and for voting on constitutional

701 amendments not otherwise provided for by law.

702 (22) "Government enforcement action" means any denial of

703 administrative or judicial preclearance by the state or the

704 Federal Government; pending litigation filed by a state or

705 federal entity; or final judgment or adjudication, consent

706 decree, or other similar formal action.

707 (23) "Legislative body" means the commission, council,

708 school board, or other similar body, by whatever name known, of

709 local government.

710 ~~(24)(18)~~ "Lists of registered electors" means names and

711 associated information of registered electors maintained by the

712 department in the statewide voter registration system or

713 generated or derived from the statewide voter registration

714 system. Lists may be produced in printed or electronic format.

715 (25) "Local government" means any county, municipality,

716 school district, special district, supervisor of elections or

717 other governmental entity that administers elections, or any

718 other political subdivision in this state in which elections are

719 conducted.

720 ~~(26)(19)~~ "Member of the Merchant Marine" means an

721 individual, other than a member of a uniformed service or an

722 individual employed, enrolled, or maintained on the Great Lakes

723 for the inland waterways, who is:

724 (a) Employed as an officer or crew member of a vessel

725 documented under the laws of the United States, a vessel owned

726 by the United States, or a vessel of foreign-flag registry under

727 charter to or control of the United States; or

728 (b) Enrolled with the United States for employment or

729 training for employment, or maintained by the United States for

730 emergency relief service, as an officer or crew member of such

731 vessel.

732 (27) "Method of election" means the method by which

733 candidates are elected to a governmental body of a local

734 government and includes any at-large, district-based, share-

735 based, or other method of election, as well as any districting

736 or redistricting plan used to elect candidates to the

737 governmental body. Methods of election include:

738 (a) "At-large method of election" means a method of

739 election in which candidates are voted on by all voters in the

740 local government's jurisdiction, voters are allowed or required

741 to cast as many votes as there are seats to fill, and voters may

742 not cast more than one vote for a given candidate.

743 (b) "District-based method of election" means a method of

744 election in which the local government is divided into

745 districts, each district is represented by a single

746 representative, and a candidate is voted on only by voters

747 residing in his or her district.

748 (c) "Other method of election" means a method of election

749 other than an at-large, district-based, or share-based method of

750 election, or any combination of methods of election.

751 (d) "Share-based method of election" means a method of

752 election in which more than one candidate is to be elected and

753 different groups of voters may each elect their preferred

754 candidates to the seats to fill based on their relative share of

755 the votes cast. Share-based methods of election include, but are

756 not limited to, the single transferable vote, cumulative voting,

757 limited voting, and party-list or state-list systems.

758 ~~(28)(20)~~ "Minor political party" is any group as specified

759 in s. 103.095 which on January 1 preceding a primary election

760 does not have registered as members 5 percent of the total

761 registered electors of the state.

762 ~~(29)(21)~~ "Newspaper of general circulation" means a

763 newspaper printed in the language most commonly spoken in the

764 area within which it circulates and which is readily available

765 for purchase by all inhabitants in the area of circulation, but

766 does not include a newspaper intended primarily for members of a

767 particular professional or occupational group, a newspaper the

768 primary function of which is to carry legal notices, or a

769 newspaper that is given away primarily to distribute

770 advertising.

771 ~~(30)(22)~~ "Nominal value" means having a retail value of

772 $10 or less.

773 ~~(31)(23)~~ "Nonpartisan office" means an office for which a

774 candidate is prohibited from campaigning or qualifying for

775 election or retention in office based on party affiliation.

776 ~~(32)(24)~~ "Office that serves persons with disabilities"

777 means any state office that takes applications either in person

778 or over the telephone from persons with disabilities for any

779 program, service, or benefit primarily related to their

780 disabilities.

781 (33) "Organization" means a person other than an

782 individual.

783 ~~(34)(25)~~ "Overseas voter" means:

784 (a) An absent uniformed services voter who, by reason of

785 active duty or service, is absent from the United States on the

786 date of the election involved;

787 (b) A person who resides outside the United States and is

788 qualified to vote in the last place in which the person was

789 domiciled before leaving the United States; or

790 (c) A person who resides outside the United States and,

791 but for such residence, would be qualified to vote in the last

792 place in which the person was domiciled before leaving the

793 United States.

794 ~~(35)(26)~~ "Overvote" means that the elector marks or

795 designates more names than there are persons to be elected to an

796 office or designates more than one answer to a ballot question,

797 and the tabulator records no vote for the office or question.

798 ~~(36)(27)~~ "Persons with disabilities" means individuals who

799 have a physical or mental impairment that substantially limits

800 one or more major life activities.

801 ~~(37)(28)~~ "Petition circulator" means an entity or

802 individual who collects signatures for the purpose of qualifying

803 a proposed constitutional amendment for ballot placement. The

804 term does not include a person who collects, delivers, or

805 otherwise physically possesses no more than 25 signed petition

806 forms in addition to his or her own signed petition form or a

807 signed petition form belonging to the person's spouse, or the

808 parent, child, grandparent, grandchild, or sibling of the person

809 or the person's spouse.

810 ~~(38)(29)~~ "Polling place" is the building which contains

811 the polling room where ballots are cast.

812 ~~(39)(30)~~ "Polling room" means the actual room in which

813 ballots are cast on election day and during early voting.

814 ~~(40)(31)~~ "Primary election" means an election held

815 preceding the general election for the purpose of nominating a

816 party nominee to be voted for in the general election to fill a

817 national, state, county, or district office.

818 (41) "Protected class" means a class of citizens who are

819 members of a race, color, or language minority group, as defined

820 in this subsection or under the federal Voting Rights Act, as

821 amended, provided that any subsequent amendment applies only to

822 the extent that it affords greater protection.

823 (a) For the purposes of this subsection, the term

824 "language minority group" means a group based on the best

825 available data that may include information from the United

826 States Census Bureau American Community Survey or data of

827 comparable quality collected by a governmental entity:

828 1. Of more than 2 percent, but no fewer than 200 citizens

829 of voting age in a jurisdiction who speak a language other than

830 English and are limited English proficient individuals; or

831 2. Of more than 4,000 citizens of voting age in a

832 jurisdiction who speak a language other than English and are

833 limited English proficient individuals.

834 (b) An eligible citizen may not be denied or abridged the

835 right to vote. Any election standard, practice, or procedure may

836 not be applied in a manner that discriminates against, or has

837 the effect of diminishing the ability of, any member of a

838 protected class to participate equally in the political process.

839 ~~(42)(32)~~ "Provisional ballot" means a conditional ballot,

840 the validity of which is determined by the canvassing board.

841 ~~(43)(33)~~ "Public assistance" means assistance provided

842 through the food assistance program under the federal

843 Supplemental Nutrition Assistance Program; the Medicaid program;

844 the Special Supplemental Food Program for Women, Infants, and

845 Children; and the Temporary Cash Assistance Program.

846 ~~(44)(34)~~ "Public office" means any federal, state, county,

847 municipal, school, or other district office or position which is

848 filled by vote of the electors.

849 ~~(45)(35)~~ "Qualifying educational institution" means any

850 public or private educational institution receiving state

851 financial assistance which has, as its primary mission, the

852 provision of education or training to students who are at least

853 18 years of age, provided such institution has more than 200

854 students enrolled in classes with the institution and provided

855 that the recognized student government organization has

856 requested this designation in writing and has filed the request

857 with the office of the supervisor of elections in the county in

858 which the institution is located.

859 (46) "Racially polarized voting" means voting in which the

860 candidate or electoral choice preferred by protected class

861 members diverges from the candidate or electoral choice

862 preferred by voters who are not protected class members.

863 ~~(47)(36)~~ "Special election" is a special election called

864 for the purpose of voting on a party nominee to fill a vacancy

865 in the national, state, county, or district office.

866 ~~(48)(37)~~ "Special primary election" is a special

867 nomination election designated by the Governor, called for the

868 purpose of nominating a party nominee to be voted on in a

869 general or special election.

870 ~~(49)(38)~~ "Supervisor" means the supervisor of elections.

871 ~~(50)(39)~~ "Tactile input device" means a device that

872 provides information to a voting system by means of a voter

873 touching the device, such as a keyboard, and that complies with

874 the requirements of s. 101.56062(1)(k) and (l).

875 ~~(51)(40)~~ "Third-party registration organization" means any

876 person, entity, or organization soliciting or collecting voter

877 registration applications. A third-party voter registration

878 organization does not include:

879 (a) A person who seeks only to register to vote or collect

880 voter registration applications from that person's spouse,

881 child, or parent; or

882 (b) A person engaged in registering to vote or collecting

883 voter registration applications as an employee or agent of the

884 division, supervisor of elections, Department of Highway Safety

885 and Motor Vehicles, or a voter registration agency.

886 ~~(52)(41)~~ "Undervote" means that the elector does not

887 properly designate any choice for an office or ballot question,

888 and the tabulator records no vote for the office or question.

889 ~~(53)(42)~~ "Uniformed services" means the Army, Navy, Air

890 Force, Marine Corps, Space Force, and Coast Guard, the

891 commissioned corps of the Public Health Service, and the

892 commissioned corps of the National Oceanic and Atmospheric

893 Administration.

894 (54) "Vote" or "voting" includes any action necessary to

895 cast a ballot and make such ballot effective in any election or

896 primary election, which actions include, but are not limited to,

897 registering to vote, requesting a vote-by-mail ballot, and any

898 other action required by law as a prerequisite to casting a

899 ballot and having such ballot counted, canvassed, or certified

900 properly and included in the appropriate totals of votes cast

901 with respect to candidates for election or nomination and to

902 referendum questions.

903 ~~(55)(43)~~ "Voter interface device" means any device that

904 communicates voting instructions and ballot information to a

905 voter and allows the voter to select and vote for candidates and

906 issues. A voter interface device may not be used to tabulate

907 votes. Any vote tabulation must be based upon a subsequent scan

908 of the marked marksense ballot or the voter-verifiable paper

909 output after the voter interface device process has been

910 completed.

911 ~~(56)(44)~~ "Voter registration agency" means any office that

912 provides public assistance, any office that serves persons with

913 disabilities, any center for independent living, or any public

914 library.

915 ~~(57)(45)~~ "Voter registration official" means any

916 supervisor of elections or individual authorized by the

917 Secretary of State to accept voter registration applications and

918 execute updates to the statewide voter registration system.

919 ~~(58)(46)~~ "Voting booth" or "booth" means that booth or

920 enclosure wherein an elector casts his or her ballot for

921 tabulation by an electronic or electromechanical device.

922 ~~(59)(47)~~ "Voting system" means a method of casting and

923 processing votes that functions wholly or partly by use of

924 electromechanical or electronic apparatus or by use of marksense

925 ballots and includes, but is not limited to, the procedures for

926 casting and processing votes and the programs, operating

927 manuals, supplies, printouts, and other software necessary for

928 the system's operation.

930 Terms used in this code which are not defined in this section

931 but are used in the federal Voting Rights Act and interpreted in

932 relevant case law, including, but not limited to, "political

933 process" and "prerequisite to voting," must be construed in a

934 manner consistent with such usage and interpretation.

935 Section 4. Section 97.022, Florida Statutes, is repealed.

936 Section 5. Section 97.0291, Florida Statutes, is repealed.

937 Section 6. Section 97.0556, Florida Statutes, is created

938 to read:

939 97.0556 Same-day voter registration.—A person who meets

940 the qualifications specified in s. 97.041 to register to vote

941 for the early voting period, or at his or her polling place on

942 election day, and who provides the information required under s.

943 97.052 for the uniform statewide voter registration application,

944 may register at an early voting site or at his or her polling

945 place and immediately thereafter cast a ballot.

946 Section 7. Section 97.057, Florida Statutes, is amended to

947 read:

948 97.057 Voter registration by the Department of Highway

949 Safety and Motor Vehicles.—

950 (1)(a) Each of the following serves as an application ~~The~~

951 ~~Department of Highway Safety and Motor Vehicles shall provide~~

952 ~~the opportunity~~ to preregister to vote, register to vote, or to

953 update a voter registration record when submitted to the

954 Department of Highway Safety and Motor Vehicles ~~to each~~

955 ~~individual who comes to an office of that department to:~~

956 ~~1.(a)~~ An application for, or renewal of, ~~Apply for or~~

957 ~~renew~~ a driver license;

958 ~~2.(b)~~ An application for, or renewal of, ~~Apply for or~~

959 ~~renew~~ an identification card pursuant to chapter 322; or

960 ~~3.(c)~~ An application for a change of an address on an

961 existing driver license or identification card.

962 (b) Unless the applicant declines to register or

963 preregister to vote, he or she is deemed to have consented to

964 the use of the signature from his or her driver license or

965 identification card application for voter registration purposes.

966 (2) An application for a driver license or an

967 identification card must include a voter registration component.

968 The voter registration component must be approved by the

969 Department of State and must include all of the following:

970 (a) The minimum amount of information necessary to prevent

971 duplicate voter registrations and to preserve the ability of the

972 department and supervisors of elections to assess the

973 eligibility of the applicant and administer voter registration

974 and other provisions of this code.

975 (b) A statement setting forth voter eligibility

976 requirements.

977 (c) An explanation that the applicant is consenting to the

978 use of his or her signature from the applicant's driver license

979 or identification card application for voter registration

980 purposes. By consenting to the use of his or her signature, the

981 applicant is deemed to have subscribed to the oaths required by

982 s. 3, Art. VI of the State Constitution and s. 97.051 and to

983 have sworn and affirmed that the voter registration information

984 contained in the application is true under penalty for false

985 swearing pursuant to s. 104.011.

986 (d) An option that allows the applicant to choose or

987 update a party affiliation. An applicant who is initially

988 registering to vote and does not exercise such option must be

989 sent a notice by the supervisor of elections in accordance with

990 s. 97.053(5)(b).

991 (e) An option that allows the applicant to decline to

992 register to vote or preregister to vote. The Department of

993 Highway Safety and Motor Vehicles shall note any such

994 declination in its records and forward the declination to the

995 Department of State. A declination may be used only for voter

996 registration purposes and is confidential and exempt from public

997 records requirements as provided in s. 97.0585.

998 (3) The Department of Highway Safety and Motor Vehicles

999 shall:

1000 (a) Develop a voter registration component for

1001 applications which meets the requirements set forth in

1002 subsection (2).

1003 (b) Electronically transmit the voter registration

1004 component of an applicant's driver license or identification

1005 card application to the Department of State within 24 hours

1006 after receipt. Upon receipt of the voter registration component,

1007 the Department of State shall provide the information to the

1008 supervisor of the county in which the applicant is registering

1009 or preregistering to vote or updating his or her voter

1010 registration record.

1011 ~~(2) The Department of Highway Safety and Motor Vehicles~~

1012 ~~shall:~~

1013 ~~(a) Notify each individual, orally or in writing, that:~~

1014 ~~1. Information gathered for the completion of a driver~~

1015 ~~license or identification card application, renewal, or change~~

1016 ~~of address can be automatically transferred to a voter~~

1017 ~~registration application;~~

1018 ~~2. If additional information and a signature are provided,~~

1019 ~~the voter registration application will be completed and sent to~~

1020 ~~the proper election authority;~~

1021 ~~3. Information provided can also be used to update a voter~~

1022 ~~registration record, except that party affiliation will not be~~

1023 ~~changed unless the individual designates a change in party~~

1024 ~~affiliation and separately consents to such change in writing;~~

1025 ~~4. All declinations will remain confidential and may be~~

1026 ~~used only for voter registration purposes; and~~

1027 ~~5. The particular driver license office in which the~~

1028 ~~person applies to register to vote or updates a voter~~

1029 ~~registration record will remain confidential and may be used~~

1030 ~~only for voter registration purposes.~~

1031 ~~(b) Require a driver license examiner to inquire orally~~

1032 ~~or, if the applicant is hearing impaired, inquire in writing~~

1033 ~~whether the applicant wishes to register to vote or update a~~

1034 ~~voter registration record during the completion of a driver~~

1035 ~~license or identification card application, renewal, or change~~

1036 ~~of address.~~

1037 ~~1. If the applicant chooses to register to vote or to~~

1038 ~~update a voter registration record:~~

1039 ~~a. All applicable information received by the Department~~

1040 ~~of Highway Safety and Motor Vehicles in the course of filling~~

1041 ~~out the forms necessary under subsection (1) must be transferred~~

1042 ~~to a voter registration application.~~

1043 ~~b. The additional necessary information must be obtained~~

1044 ~~by the driver license examiner and must not duplicate any~~

1045 ~~information already obtained while completing the forms required~~

1046 ~~under subsection (1).~~

1047 ~~c. A voter registration application with all of the~~

1048 ~~applicant's voter registration information required to establish~~

1049 ~~the applicant's eligibility pursuant to s. 97.041 must be~~

1050 ~~presented to the applicant to review and verify the voter~~

1051 ~~registration information received and provide an electronic~~

1052 ~~signature affirming the accuracy of the information provided.~~

1053 ~~d. The voter registration application may not be used to~~

1054 ~~change the party affiliation of the applicant unless the~~

1055 ~~applicant designates a change in party affiliation and provides~~

1056 ~~a separate signature consenting to the party affiliation change.~~

1057 ~~e. After verifying the voter registration information and~~

1058 ~~providing his or her electronic signature, the applicant must be~~

1059 ~~provided with a printed receipt that includes such information~~

1060 ~~and documents any change in party affiliation.~~

1061 ~~2. If the applicant declines to register to vote, update~~

1062 ~~the applicant's voter registration record, or change the~~

1063 ~~applicant's address by either orally declining or by failing to~~

1064 ~~sign the voter registration application, the Department of~~

1065 ~~Highway Safety and Motor Vehicles must note such declination on~~

1066 ~~its records and shall forward the declination to the statewide~~

1067 ~~voter registration system.~~

1068 ~~(3) For the purpose of this section, the Department of~~

1069 ~~Highway Safety and Motor Vehicles, with the approval of the~~

1070 ~~Department of State, shall prescribe:~~

1071 ~~(a) A voter registration application that is the same in~~

1072 ~~content, format, and size as the uniform statewide voter~~

1073 ~~registration application prescribed under s. 97.052; and~~

1074 ~~(b) A form that will inform applicants under subsection~~

1075 ~~(1) of the information contained in paragraph (2)(a).~~

1076 ~~(4) The Department of Highway Safety and Motor Vehicles~~

1077 ~~must electronically transmit completed voter registration~~

1078 ~~applications within 24 hours after receipt to the statewide~~

1079 ~~voter registration system. Completed paper voter registration~~

1080 ~~applications received by the Department of Highway Safety and~~

1081 ~~Motor Vehicles shall be forwarded within 5 days after receipt to~~

1082 ~~the supervisor of the county where the office that processed or~~

1083 ~~received that application is located.~~

1084 ~~(5) The Department of Highway Safety and Motor Vehicles~~

1085 ~~must send, with each driver license renewal extension~~

1086 ~~application authorized pursuant to s. 322.18(8), a uniform~~

1087 ~~statewide voter registration application, the voter registration~~

1088 ~~application prescribed under paragraph (3)(a), or a voter~~

1089 ~~registration application developed especially for the purposes~~

1090 ~~of this subsection by the Department of Highway Safety and Motor~~

1091 ~~Vehicles, with the approval of the Department of State, which~~

1092 ~~must meet the requirements of s. 97.052.~~

1093 (4)(6) A person providing voter registration services for

1094 a driver license office may not:

1095 (a) ~~Make any change to an applicant's party affiliation~~

1096 ~~unless the applicant provides a separate signature consenting to~~

1097 ~~the party affiliation change or discuss or~~ Seek to influence an

1098 applicant's political preference or party registration;

1099 (b) Display any political preference or party allegiance;

1100 (c) Make any statement to an applicant or take any action

1101 the purpose or effect of which is to discourage the applicant

1102 from registering to vote; or

1103 (d) Disclose any applicant's voter registration

1104 information except as needed for the administration of voter

1105 registration.

1106 (5)(7) The Department of Highway Safety and Motor Vehicles

1107 shall collect data determined necessary by the Department of

1108 State for program evaluation and reporting to the Election

1109 Assistance Commission pursuant to federal law.

1110 (6)(8) The Department of Highway Safety and Motor Vehicles

1111 shall ~~must~~ ensure that all voter registration services provided

1112 by driver license offices are in compliance with all state and

1113 federal laws ~~the Voting Rights Act of 1965.~~

1114 (7)(9) The Department of Highway Safety and Motor Vehicles

1115 shall retain complete records of voter registration information

1116 received, processed, and submitted to the Department of State

1117 ~~statewide voter registration system~~ by the Department of Highway

1118 Safety and Motor Vehicles. The retention of such ~~These~~ records

1119 is ~~shall be~~ for the explicit purpose of supporting audit and

1120 accounting controls established to ensure accurate and complete

1121 electronic transmission of records between the Department of

1122 State ~~statewide voter registration system~~ and the Department of

1123 Highway Safety and Motor Vehicles.

1124 ~~(8)(10)~~ The Department of State shall provide the

1125 Department of Highway Safety and Motor Vehicles with an

1126 electronic database of street addresses valid for use as the

1127 address of legal residence as required in s. 97.053(5). The

1128 Department of Highway Safety and Motor Vehicles shall compare

1129 the address provided by the applicant against the database of

1130 valid street addresses. If the address provided by the applicant

1131 does not match a valid street address in the database, the

1132 applicant will be asked to verify the address provided. The

1133 Department of Highway Safety and Motor Vehicles may ~~shall~~ not

1134 reject any application for voter registration for which a valid

1135 match cannot be made.

1136 ~~(9)(11)~~ The Department of Highway Safety and Motor

1137 Vehicles shall enter into an agreement with the Department of

1138 State to match information in the statewide voter registration

1139 system with information in the database of the Department of

1140 Highway Safety and Motor Vehicles to the extent required to

1141 verify the accuracy of the driver license number, Florida

1142 identification number, or last four digits of the social

1143 security number provided on applications for voter registration

1144 as required in s. 97.053.

1145 ~~(10)(12)~~ The Department of Highway Safety and Motor

1146 Vehicles shall enter into an agreement with the Commissioner of

1147 Social Security as required by the Help America Vote Act of 2002

1148 to verify the last four digits of the social security number

1149 provided in applications for voter registration as required in

1150 s. 97.053.

1151 ~~(11)(13)~~ The Department of Highway Safety and Motor

1152 Vehicles shall ~~must~~ assist the Department of State in regularly

1153 identifying changes in residence address on the driver license

1154 or identification card of a voter. The Department of State shall

1155 ~~must~~ report each such change to the appropriate supervisor of

1156 elections who must change the voter's registration records in

1157 accordance with s. 98.065(4).

1158 (12) The Department of Highway Safety and Motor Vehicles

1159 shall notify the Department of State as soon as practicable, but

1160 no later than 30 days, after any change to a voter's driver

1161 license number or identification card number. The Department of

1162 State shall transmit each such change to the appropriate

1163 supervisor of elections, who shall update the voter's

1164 registration records accordingly and provide notice of the

1165 change to the registrant by mail. Under no circumstances may a

1166 change to a voter's driver license or identification card number

1167 be used as the sole basis to prevent an otherwise eligible

1168 citizen from casting his or her ballot.

1169 ~~(14) The Department of Highway Safety and Motor Vehicles~~

1170 ~~shall ensure that information technology processes and updates~~

1171 ~~do not alter an applicant's party affiliation without the~~

1172 ~~written consent of the applicant.~~

1173 Section 8. Section 97.0575, Florida Statutes, is amended

1174 to read:

1175 97.0575 Third-party voter registration organizations.—

1176 (1) Before engaging in any voter registration activities,

1177 a third-party voter registration organization must register and

1178 provide to the division, in an electronic format, the following

1179 information:

1180 (a) The names of the officers of the organization and the

1181 name and permanent address of the organization.

1182 (b) The name and address of the organization's registered

1183 agent in this ~~the~~ state.

1184 (c) The names, permanent addresses, and temporary

1185 addresses, if any, of each registration agent who registers

1186 ~~registering~~ persons to vote in this state for compensation on

1187 behalf of the organization. This paragraph does not apply to

1188 persons who only solicit applications and do not collect or

1189 handle voter registration applications.

1190 ~~(d) Beginning November 6, 2024, the specific general~~

1191 ~~election cycle for which the third-party voter registration~~

1192 ~~organization is registering persons to vote.~~

1193 ~~(e) An affirmation that each person collecting or handling~~

1194 ~~voter registration applications on behalf of the third-party~~

1195 ~~voter registration organization has not been convicted of a~~

1196 ~~felony violation of the Election Code, a felony violation of an~~

1197 ~~offense specified in s. 825.103, a felony offense specified in~~

1198 ~~s. 98.0751(2)(b) or (c), or a felony offense specified in~~

1199 ~~chapter 817, chapter 831, or chapter 837. A third-party voter~~

1200 ~~registration organization is liable for a fine in the amount of~~

1201 ~~$50,000 for each such person who has been convicted of a felony~~

1202 ~~violation of the Election Code, a felony violation of an offense~~

1203 ~~specified in s. 825.103, a felony offense specified in s.~~

1204 ~~98.0751(2)(b) or (c), or a felony offense specified in chapter~~

1205 ~~817, chapter 831, or chapter 837 who is collecting or handling~~

1206 ~~voter registration applications on behalf of the third-party~~

1207 ~~voter registration organization.~~

1208 ~~(f) An affirmation that each person collecting or handling~~

1209 ~~voter registration applications on behalf of the third-party~~

1210 ~~voter registration organization is a citizen of the United~~

1211 ~~States of America. A third-party voter registration organization~~

1212 ~~is liable for a fine in the amount of $50,000 for each such~~

1213 ~~person who is not a citizen and is collecting or handling voter~~

1214 ~~registration applications on behalf of the third-party voter~~

1215 ~~registration organization.~~

1216 (2) ~~Beginning November 6, 2024, the registration of a~~

1217 ~~third-party voter registration organization automatically~~

1218 ~~expires at the conclusion of the specific general election cycle~~

1219 ~~for which the third-party voter registration organization is~~

1220 ~~registered.~~

1221 ~~(3)~~ The division or the supervisor of elections shall make

1222 voter registration forms available to third-party voter

1223 registration organizations. All such forms must contain

1224 information identifying the organization to which the forms are

1225 provided. The division shall maintain a database of all third-

1226 party voter registration organizations and the voter

1227 registration forms assigned to the third-party voter

1228 registration organization. Each supervisor of elections shall

1229 provide to the division information on voter registration forms

1230 assigned to and received from third-party voter registration

1231 organizations. The information must be provided in a format and

1232 at times as required by the division by rule. The division shall

1233 update information on third-party voter registrations daily and

1234 make the information publicly available.

1235 ~~(4) A third-party voter registration organization that~~

1236 ~~collects voter registration applications shall provide a receipt~~

1237 ~~to an applicant upon accepting possession of his or her~~

1238 ~~application. The division shall adopt by rule a uniform format~~

1239 ~~for the receipt by October 1, 2023. The format must include, but~~

1240 ~~need not be limited to, the name of the applicant, the date the~~

1241 ~~application is received, the name of the third-party voter~~

1242 ~~registration organization, the name of the registration agent,~~

1243 ~~the applicant's political party affiliation, and the county in~~

1244 ~~which the applicant resides.~~

1245 ~~(3)(a)(5)(a)~~ A third-party voter registration organization

1246 that collects voter registration applications serves as a

1247 fiduciary to the applicant and shall ensure that any voter

1248 registration application entrusted to the organization,

1249 irrespective of party affiliation, race, ethnicity, or gender,

1250 is promptly delivered to the division or the supervisor of

1251 elections ~~in the county in which the applicant resides~~ within 14

1252 10 days after the application is completed by the applicant, but

1253 not after registration closes for the next ensuing election. If

1254 a voter registration application collected by any third-party

1255 voter registration organization is not promptly delivered to the

1256 division or supervisor of elections ~~in the county in which the~~

1257 ~~applicant resides,~~ the third-party voter registration

1258 organization is liable for the following fines:

1259 1. A fine in the amount of $50 ~~per each day late, up to~~

1260 ~~$2,500,~~ for each application received by the division or ~~the~~

1261 supervisor of elections ~~in the county in which the applicant~~

1262 ~~resides~~ more than 14 10 days after the applicant delivered the

1263 completed voter registration application to the third-party

1264 voter registration organization, if the organization or any

1265 person, entity, or agent acting on its behalf acted willfully. A

1266 ~~fine in the amount of $2,500 for each application received if~~

1267 ~~the third-party voter registration organization or person,~~

1268 ~~entity, or agency acting on its behalf acted willfully.~~

1269 2. A fine in the amount of $100 ~~per each day late, up to~~

1270 ~~$5,000,~~ for each application collected by a third-party voter

1271 registration organization, or any person, entity, or agent

1272 acting on its behalf, before book closing for any given election

1273 for federal or state office and received by the division or ~~the~~

1274 supervisor of elections ~~in the county in which the applicant~~

1275 ~~resides~~ after the book-closing deadline for such election. A

1276 ~~fine in the amount of $5,000 for each application received if~~

1277 ~~the third-party voter registration organization or any person,~~

1278 ~~entity, or agency acting on its behalf acted willfully.~~

1279 3. A fine in the amount of $500 for each application

1280 collected by a third-party voter registration organization, or

1281 any person, entity, or agent acting on its behalf, which is not

1282 submitted to the division or supervisor of elections ~~in the~~

1283 ~~county in which the applicant resides. A fine in the amount of~~

1284 ~~$5,000 for any application not submitted if the third-party~~

1285 ~~voter registration organization or person, entity, or agency~~

1286 ~~acting on its behalf acted willfully.~~

1288 The aggregate fine that ~~which~~ may be assessed pursuant to this

1289 paragraph against a third-party voter registration organization,

1290 including affiliate organizations, for violations committed in a

1291 calendar year is $1,000 ~~$250,000.~~

1292 (b) A showing by the third-party voter registration

1293 organization that the failure to deliver the voter registration

1294 application within the required timeframe is based upon force

1295 majeure or impossibility of performance shall be an affirmative

1296 defense to a violation of this subsection. The secretary may

1297 waive the fines described in this subsection upon a showing that

1298 the failure to deliver the voter registration application

1299 promptly is based upon force majeure or impossibility of

1300 performance.

1301 (c) All fines collected under this section must be

1302 remitted by the department to the supervisor of elections of the

1303 county in which the violation occurred. The supervisor shall

1304 expend monies collected from such fines exclusively for

1305 nonpartisan voter participation initiatives and voter

1306 registration outreach, including voter education, community

1307 registration drives, and to offset costs associated with the

1308 prepayment of postage on vote-by-mail return envelopes, provided

1309 that all vote-by-mail ballots for the election include prepaid

1310 postage.

1311 ~~(6) If a person collecting voter registration applications~~

1312 ~~on behalf of a third-party voter registration organization~~

1313 ~~alters the voter registration application of any other person,~~

1314 ~~without the other person's knowledge and consent, in violation~~

1315 ~~of s. 104.012(4) and is subsequently convicted of such offense,~~

1316 ~~the applicable third-party voter registration organization is~~

1317 ~~liable for a fine in the amount of $5,000 for each application~~

1318 ~~altered.~~

1319 ~~(7) If a person collecting voter registration applications~~

1320 ~~on behalf of a third-party voter registration organization~~

1321 ~~copies a voter's application or retains a voter's personal~~

1322 ~~information, such as the voter's Florida driver license number,~~

1323 ~~Florida identification card number, social security number, or~~

1324 ~~signature, for any reason other than to provide such application~~

1325 ~~or information to the third-party voter registration~~

1326 ~~organization in compliance with this section, the person commits~~

1327 ~~a felony of the third degree, punishable as provided in s.~~

1328 ~~775.082, s. 775.083, or s. 775.084.~~

1329 (4)(8) If the Secretary of State reasonably believes that

1330 a person has committed a violation of this section, the

1331 secretary may refer the matter to the Attorney General for

1332 enforcement. The Attorney General may institute a civil action

1333 for a violation of this section or to prevent a violation of

1334 this section. An action for relief may include a permanent or

1335 temporary injunction, a restraining order, or any other

1336 appropriate order.

1337 ~~(9) The division shall adopt by rule a form to elicit~~

1338 ~~specific information concerning the facts and circumstances from~~

1339 ~~a person who claims to have been registered to vote by a third-~~

1340 ~~party voter registration organization but who does not appear as~~

1341 ~~an active voter on the voter registration rolls. The division~~

1342 ~~shall also adopt rules to ensure the integrity of the~~

1343 ~~registration process, including controls to ensure that all~~

1344 ~~completed forms are promptly delivered to the division or a~~

1345 ~~supervisor in the county in which the applicant resides.~~

1346 ~~(5)(10)~~ The date on which an applicant signs a voter

1347 registration application is presumed to be the date on which the

1348 third-party voter registration organization received or

1349 collected the voter registration application.

1350 ~~(11) A third-party voter registration organization may not~~

1351 ~~mail or otherwise provide a voter registration application upon~~

1352 ~~which any information about an applicant has been filled in~~

1353 ~~before it is provided to the applicant. A third-party voter~~

1354 ~~registration organization that violates this section is liable~~

1355 ~~for a fine in the amount of $50 for each such application.~~

1356 ~~(12) The requirements of this section are retroactive for~~

1357 ~~any third-party voter registration organization registered with~~

1358 ~~the department as of July 1, 2023, and must be complied with~~

1359 ~~within 90 days after the department provides notice to the~~

1360 ~~third-party voter registration organization of the requirements~~

1361 ~~contained in this section. Failure of the third-party voter~~

1362 ~~registration organization to comply with the requirements within~~

1363 ~~90 days after receipt of the notice shall automatically result~~

1364 ~~in the cancellation of the third-party voter registration~~

1365 ~~organization's registration.~~

1366 Section 9. Part III of chapter 97, Florida Statutes,

1367 consisting of sections 97.21-97.28, Florida Statutes, is created

1368 and entitled "Florida Voting Rights Act."

1369 Section 10. Section 97.21, Florida Statutes, is created to

1370 read:

1371 97.21 Prohibitions on voter suppression and vote

1372 dilution.—

1373 (1) PROHIBITING VOTER SUPPRESSION.—

1374 (a) A local government, state agency, or state official

1375 may not implement, impose, or enforce any election policy or

1376 practice, or take any other action or fail to take any action,

1377 which results in, will result in, or is intended to result in

1378 any of the following:

1379 1. A material disparity in voter participation, access to

1380 voting opportunities, or the opportunity or ability to

1381 participate in the political process between protected class

1382 members and other members of the electorate.

1383 2. Based on the totality of the circumstances, an

1384 impairment of the equal opportunity or ability of protected

1385 class members to participate in any stage of the political

1386 process.

1387 (b) It is not a violation of paragraph (a) if a local

1388 government, state agency, or state official demonstrates by

1389 clear and convincing evidence that:

1390 1. The election policy or practice is necessary, beyond

1391 consideration of administrative convenience, generalized cost

1392 savings, or speculative concerns, to further significantly an

1393 important and particularized governmental interest; and

1394 2. There is no reasonable alternative election policy or

1395 practice that results in a smaller disparity between protected

1396 class members and other members of the electorate.

1397 (c) Notwithstanding paragraph (b), a violation always

1398 exists under paragraph (a) if:

1399 1. The local government, state agency, or state official

1400 takes action intended to result in a material disparity; or

1401 2. The material disparity results from:

1402 a. The closure, relocation, or consolidation of, or

1403 failure to provide, one or more polling places, early voting

1404 sites, or secure ballot intake stations; or the reassignment of

1405 voters to precincts or polling places or of precincts to polling

1406 places;

1407 b. The local government's selection of or change to the

1408 time or date of an election;

1409 c. The local government conducting elections on dates that

1410 do not align with federal or state elections;

1411 d. The date the local government selects for a special

1412 election, and there exists an alternate date in a reasonable

1413 timeframe in which the disparity would be materially less

1414 significant; or

1415 e. The failure to schedule a special election as soon as

1416 practicable, but in no event later than 14 days after the

1417 occurrence of the vacancy, if more than 12 months remain in the

1418 term of office and protected class members are generally able to

1419 elect candidates of their choice.

1420 (2) PROHIBITING VOTE DILUTION.—

1421 (a) A local government may not employ an at-large method

1422 of election, a district-based method of election, a share-based

1423 method of election, or any other method of election for any

1424 office which has the effect, will likely have the effect, or is

1425 motivated in part by the intent of diluting the vote of

1426 protected class members.

1427 (b) To establish a violation under paragraph (a), it must

1428 be established that:

1429 1.a. Elections in the local government exhibit racially

1430 polarized voting resulting in an impairment of the equal

1431 opportunity or ability of protected class members to nominate or

1432 elect candidates of their choice; or

1433 b. Based on the totality of the circumstances, the equal

1434 opportunity or ability of protected class members to nominate or

1435 elect candidates of their choice is impaired; and

1436 2. Another method of election or changes to the existing

1437 method of election which could be constitutionally adopted or

1438 ordered under s. 97.28 would likely mitigate the impairment. For

1439 the purpose of satisfying such requirement, it is not necessary

1440 for the total number or share of protected class members to

1441 exceed any numerical threshold in any district or in the local

1442 government as a whole.

1443 (3) GUIDELINES AND RELEVANT CIRCUMSTANCES FOR EVALUATING

1444 VOTER SUPPRESSION AND VOTE DILUTION.—

1445 (a)1. To evaluate the totality of circumstances under

1446 subparagraph (1)(a)2. or sub-subparagraph (2)(b)1.b., the

1447 following factors may be relevant:

1448 a. The history of discrimination;

1449 b. The extent to which the protected class members have

1450 been elected to office;

1451 c. The use of any election policy or practice that may

1452 enhance the dilutive effective of a method of election in the

1453 local government.

1454 d. The extent to which protected class members or

1455 candidates experienced any history of unequal access to

1456 election-administration or campaign finance processes that

1457 determine which candidates will receive access to the ballot or

1458 receive financial or other support in a given election for an

1459 office of the local government;

1460 e. The extent to which protected class members have

1461 historically made expenditures as defined in s. 106.011 at lower

1462 rates than other voters;

1463 f. The extent to which protected class members vote at

1464 lower rates than other voters;

1465 g. The extent to which protected class members are

1466 disadvantaged or otherwise bear the effects of public or private

1467 discrimination in areas that may hinder their ability to

1468 participate effectively in any stage of the political process,

1469 such as education, employment, health, criminal justice,

1470 housing, transportation, land use, or environmental protection;

1471 h. The use of overt or subtle racial appeals in political

1472 campaigns by governmental officials or in connection with the

1473 adoption or maintenance of the election policy or practice;

1474 i. The extent to which candidates face hostility or

1475 barriers while campaigning due to their membership in a

1476 protected class;

1477 j The lack of responsiveness by elected officials to the

1478 particular needs of protected class members or a community of

1479 protected class members;

1480 k. Whether the election policy or practice was designed to

1481 advance, and does materially advance, a valid and substantial

1482 state interest; and

1483 l. Other factors deemed relevant.

1484 2. A set number or combination of the factors in

1485 subparagraph 1. is not required to determine that a violation

1486 occurred.

1487 3. Evidence of these factors is most probative if it

1488 relates to the local government in which the alleged violation

1489 occurred, but still holds probative value if it relates to the

1490 geographic region in which the local government is located or to

1491 this state.

1492 (b) To determine whether elections in the local government

1493 exhibit racially polarized voting under sub-subparagraph

1494 (2)(b)1.a.:

1495 1. Racially polarized voting must be assessed based on

1496 relevant election results, which may include, but are not

1497 limited to, elections for offices of the local government;

1498 elections held by the local government for other offices, such

1499 as state or federal offices; ballot measures; and other

1500 electoral choices that bear on the rights and privileges of the

1501 protected class.

1502 a. A set number or combination of elections may not be

1503 required to establish the existence of racially polarized

1504 voting.

1505 b. Evidence of nonpolarized voting in elections for

1506 offices outside the local government may not preclude a finding

1507 of racially polarized voting based on elections for offices of

1508 the local government.

1509 c. Nonstatistical or nonquantitative evidence may not

1510 preclude a finding of racially polarized voting based on

1511 statistical or quantitative evidence.

1512 d. Low turnout or registration rates among protected class

1513 members may not preclude a finding of racially polarized voting.

1514 2. Racially polarized voting may be assessed based only on

1515 the combined electoral preferences of members of a protected

1516 class or classes. There is no requirement that the electoral

1517 preferences of each protected class or any subgroup within a

1518 protected class be separately polarized from those of other

1519 voters.

1520 3. The causes of or reasons for racially polarized voting,

1521 including partisan explanations or discriminatory intent, are

1522 not relevant.

1523 (c)1. If evaluating whether a violation of subsection (1)

1524 or subsection (2) is present, the following circumstances are

1525 never relevant to such a violation:

1526 a. The total number or share of protected class members on

1527 whom the election policy or practice does not impose a material

1528 burden;

1529 b. The degree to which the election policy or practice has

1530 a long pedigree or was in widespread use at some earlier date;

1531 c. The use of an identical or similar election policy or

1532 practice in other jurisdictions; and

1533 d. The availability of forms of voting unimpacted by the

1534 election policy or practice.

1535 2. A state interest in preventing voter fraud or

1536 bolstering voter confidence in the integrity of elections is not

1537 relevant to an evaluation of whether a violation of subsection

1538 (1) or subsection (2) occurred unless there is substantial

1539 evidence of a number of instances that criminal activity by

1540 individual electors has occurred in the local government and the

1541 connection between the election policy or practice and a state

1542 interest in preventing voter fraud or bolstering voter

1543 confidence in the integrity of elections is supported by

1544 substantial evidence.

1545 3. Evidence concerning the intent of electors, elected

1546 officials, or public officials to discriminate against protected

1547 class members is not required under subsections (1) and (2).

1548 4. Whether protected class members typically elect

1549 candidates of their choice to the governmental body of a local

1550 government in approximate proportion to their total number or

1551 share of the population may be relevant under subsection (2).

1552 (4) Before filing an action against a local government

1553 pursuant to this section, a prospective plaintiff must send, by

1554 certified mail, return receipt requested, a notification letter

1555 to the local government asserting that the local government may

1556 be in violation of the provisions of this act. Such letter must

1557 be referred to as an "FLVRA notification letter."

1558 (a) Except as noted in paragraph (e), a party may not file

1559 an action against a local government pursuant to this section

1560 earlier than 50 days after sending an FLVRA notification letter

1561 to the local government.

1562 (b) Before receiving an FLVRA notification letter, or not

1563 later than 50 days after any FLVRA notification letter is sent

1564 to a local government, a local government may adopt a resolution

1565 that must be referred to as an "FLVRA resolution" and that does

1566 all of the following:

1567 1. Identifies a potential violation of this section by the

1568 local government.

1569 2. Identifies a specific remedy to the potential

1570 violation.

1571 3. Affirms the local government's intent to enact and

1572 implement the remedy for the potential violation.

1573 4. Sets forth specific measures the local government will

1574 take to enact and implement the remedy.

1575 5. Provides a schedule for the enactment and

1576 implementation of the remedy.

1577 (c) Except as noted in paragraph (e), a party that has

1578 sent an FLVRA notification letter may not file an action

1579 pursuant to this section earlier than 90 days after the adoption

1580 of an FLVRA resolution.

1581 (d) If the remedy identified in an FLVRA resolution is

1582 barred by state or local law, or a legislative body of a local

1583 government lacks authority under state or local law to enact or

1584 implement a remedy identified in an FLVRA resolution within 90

1585 days after the adoption of such resolution, or if the local

1586 government is a covered jurisdiction under s. 97.25, the local

1587 government may nonetheless enact and implement the remedy

1588 identified in such resolution upon approval of the FLVRA

1589 Commission, which may provide approval only if it finds that the

1590 local government may be in violation of this act, the proposed

1591 remedy would address a potential violation, and implementation

1592 of the proposed remedy is feasible. The approval of a remedy by

1593 the FLVRA Commission does not bar an action to challenge the

1594 remedy.

1595 (e) If, pursuant to this subsection, a local government

1596 enacts or implements a remedy or the FLVRA Commission approves a

1597 proposed remedy, a party that sent an FLVRA notification letter

1598 may submit a claim for reimbursement from the local government

1599 for the costs associated with producing and sending such

1600 notification letter. The party must submit the claim in writing

1601 and substantiate the claim with financial documentation,

1602 including a detailed invoice for any demography services or

1603 analysis of voting patterns in the local government. If a party

1604 and local government fail to agree to a reimbursement amount,

1605 either the party or local government may file an action for a

1606 declaratory judgment for a clarification of rights.

1607 (f) Notwithstanding this subsection, a party may bring a

1608 cause of action for a violation of this section under any of the

1609 following circumstances:

1610 1. The action is commenced within 1 year after the

1611 adoption of a challenged method of election, ordinance,

1612 resolution, rule, policy, standard, regulation, procedure, or

1613 law.

1614 2. The prospect of obtaining relief under this section

1615 would be futile.

1616 3. Another party has submitted a notification letter under

1617 this subsection alleging a substantially similar violation and

1618 that party is eligible to bring a cause of action under this

1619 subsection.

1620 4. Following the party's submission of an FLVRA

1621 notification letter, the local government has adopted an FLVRA

1622 resolution that identifies a remedy that would not cure the

1623 violation identified in the notification letter.

1624 5. The party is seeking preliminary relief with respect to

1625 an upcoming election in accordance with s. 97.28.

1626 (g) Any local government that receives an FLVRA

1627 notification letter or adopts an FLVRA resolution must provide a

1628 copy to the FLVRA Commission within 1 day after receipt or

1629 adoption. The FLVRA Commission shall promptly, but not later

1630 than 1 business day after receipt, post all FLVRA notification

1631 letters and FLVRA resolutions on its website. The FLVRA

1632 Commission may adopt rules identifying other materials and

1633 information that must be provided to the FLVRA Commission by

1634 local governments, as well as procedures for transmittal of

1635 materials and information from local governments to the FLVRA

1636 Commission.

1637 (5) A local government may not assert the doctrine of

1638 laches as a defense to claims brought under this section. A

1639 local government may not assert that plaintiffs have failed to

1640 comply with any notice, exhaustion, or other procedural

1641 requirements under state law, other than the requirements in

1642 this section, as a defense to claims brought under this section.

1643 (6) An individual or entity aggrieved by a violation of

1644 this section, the Attorney General, or the FLVRA Commission may

1645 file an action alleging a violation of this section to enforce

1646 compliance with this section. An entity aggrieved by a violation

1647 of this section includes, but is not limited to, any entity

1648 whose membership includes individuals aggrieved by a violation

1649 of this section or whose mission would be frustrated by a

1650 violation of this section, including, but not limited to, an

1651 entity that would expend or divest resources to fulfill its

1652 mission as a result of such violation or must expend greater

1653 resources or efforts to advocate before an elected body that is

1654 less responsive to the entity or its members due to the alleged

1655 violation. An entity may not be compelled to disclose the

1656 identity of any specific member to pursue a claim on behalf of

1657 its members. This subsection must be liberally construed to

1658 confer standing as broadly as the State Constitution allows.

1659 Such a claim may be filed pursuant to the Florida Rules of Civil

1660 Procedure or in the Second Judicial Circuit of Florida. Members

1661 of two or more protected classes that are politically cohesive

1662 in a local government may jointly file an action. In an action

1663 involving a districting plan, any individual who resides in the

1664 defendant jurisdiction and is a member of the affected class or

1665 classes, whether he or she resides in any particular district,

1666 may challenge the districting plan as a whole.

1667 Section 11. Section 97.22, Florida Statutes, is created to

1668 read:

1669 97.22 Florida Voting Rights Act Commission.—

1670 (1) There is created the Florida Voting Rights Act (FLVRA)

1671 Commission within the Department of State. The FLVRA Commission

1672 is a separate budget entity, as provided in the General

1673 Appropriations Act, and shall prepare and submit a budget

1674 request in accordance with chapter 216. The commission is

1675 responsible for administering the Florida Voting Rights Act. The

1676 commission shall have its own staff, including management,

1677 research, and enforcement personnel, and is not subject to

1678 control, supervision, or direction by the Department of State.

1679 (2)(a) The FLVRA Commission shall be composed of five

1680 commissioners, each of whom shall serve a staggered 5-year term.

1681 Commissioners must be compensated for their actual time spent on

1682 the commission's business at an hourly rate equivalent to the

1683 rate of an assistant attorney general.

1684 1. A nominating committee shall identify qualified

1685 candidates to serve as commissioners. The nominating committee

1686 shall be composed of nominating organizations that are selected

1687 as follows:

1688 a. Organizations may apply to the Secretary of State to be

1689 certified as organizational nominators for 5-year terms, after

1690 which the organizations may be recertified. The Secretary of

1691 State must certify any organization that applies to be an

1692 organizational nominator if it meets all of the following

1693 qualifications:

1694 (I) Has demonstrated commitment to the purposes of this

1695 act and to securing the voting rights of protected class

1696 members, such as referencing such class members in the

1697 organization's mission statement, involvement in numerous voting

1698 rights cases brought in this state on behalf of members of

1699 protected classes, or advocacy in support of this act.

1700 (II) Is registered as a nonprofit corporation with the

1701 Secretary of State.

1702 (III) Has been in continuous operation as a nonprofit

1703 organization under s. 501(c)(3) of the Internal Revenue Code or

1704 as a nonprofit corporation registered with the Secretary of

1705 State for at least 10 years.

1706 b. If the Secretary of State fails to timely certify an

1707 organization that satisfies the qualifications specified in sub-

1708 subparagraph a. following the organization's application as an

1709 organizational nominator, the organization may file an action

1710 against the Secretary of State for a declaratory judgment

1711 certifying the organization as an organizational nominator.

1712 2. An organizational nominator may be removed for cause by

1713 a majority vote of all fellow nominators.

1714 3. If there are fewer than 16 organizational nominators

1715 certified by the Secretary of State, the nominating committee

1716 must be composed of all such organizational nominators. If there

1717 are 16 or more organizational nominators certified by the

1718 Secretary of State, the nominating committee must be composed of

1719 15 organizational nominators randomly selected from all the

1720 nominators by lot on an annual basis.

1721 4. The nominating committee shall select its own chair to

1722 preside over meetings and votes.

1723 (b) Commissioners shall be selected as follows:

1724 1. The nominating committee shall solicit applications

1725 from individuals to serve on the FLVRA Commission from across

1726 this state. A commissioner must satisfy all of the following

1727 criteria:

1728 a. Is a resident of this state.

1729 b. Has experience representing or advocating on behalf of

1730 members of protected classes.

1731 c. Has not served in elected office within the preceding 5

1732 years.

1733 d. Is not currently serving in any governmental office or

1734 holding any political party office.

1735 2. The nominating committee shall maintain a qualified

1736 candidate pool composed of 30 candidates to serve on the FLVRA

1737 Commission. Individuals may be added to the qualified applicant

1738 pool only upon a vote of three-fifths of the nominating

1739 committee.

1740 3. All members of the FLVRA Commission must be randomly

1741 selected from the qualified candidate pool. Upon the initial

1742 formation of the FLVRA Commission, five commissioners must be

1743 selected by lot from the qualified candidate pool and randomly

1744 assigned to term lengths of 5 years, 4 years, 3 years, 2 years,

1745 and 1 year. At least 60 days in advance of the conclusion of

1746 each commissioner's term, a new commissioner must be randomly

1747 selected by lot from the qualified candidate pool to serve a 5-

1748 year term upon the conclusion of the incumbent commissioner's

1749 term. If a vacancy occurs, a new commissioner must be randomly

1750 selected by lot from the qualified candidate pool within 30 days

1751 after the vacancy occurring to complete the vacated term.

1752 (3) In any action or investigation to enforce this

1753 section, the FLVRA Commission may subpoena witnesses; administer

1754 oaths; examine individuals under oath; determine material facts;

1755 and compel the production of records, books, papers, contracts,

1756 and other documents in accordance with the Florida Rules of

1757 Civil Procedure.

1758 (4) The FLVRA Commission may hire any staff and make any

1759 expenditure necessary to fulfill its responsibilities.

1760 (5) The FLVRA Commission may adopt rules to administer and

1761 enforce this part.

1762 Section 12. Section 97.23, Florida Statutes, is created to

1763 read:

1764 97.23 Statewide database and institute.—

1765 (1) The FLVRA Commission shall enter into an agreement

1766 with one or more postsecondary educational institutions in this

1767 state to create the Florida Voting and Elections Database and

1768 Institute to maintain and administer a central repository of

1769 elections and voting data available to the public from all local

1770 governments in this state, and to foster, pursue, and sponsor

1771 research on existing laws and best practices in voting and

1772 elections. The parties to that agreement shall enter into a

1773 memorandum of understanding that includes the process for

1774 selecting the director of the database and institute.

1775 (2) The database and institute shall provide a center for

1776 research, training, and information on voting systems and

1777 election administration. The database and institute may do any

1778 of the following:

1779 (a) Conduct noncredit classes and classes for credit.

1780 (b) Organize interdisciplinary groups of scholars to

1781 research voting and elections in this state.

1782 (c) Conduct seminars involving voting and elections.

1783 (d) Establish a nonpartisan centralized database in order

1784 to collect, archive, and make publicly available, at no cost,

1785 accessible data pertaining to elections, voter registration, and

1786 ballot access in this state.

1787 (e) Assist in the dissemination of election data to the

1788 public.

1789 (f) Publish books and periodicals on voting and elections

1790 in this state.

1791 (g) Provide nonpartisan technical assistance to local

1792 governments, scholars, and the general public seeking to use the

1793 resources of the database and institute.

1794 (3) The database and institute shall make available, and

1795 maintain in an electronic format, all relevant election and

1796 voting data and records for at least the previous 12-year

1797 period. The data, information, and estimates maintained by the

1798 database and institute must be posted online and made available

1799 to the public at no cost. Maps, polling places, and vote-by-mail

1800 ballot secure intake stations must be made available in a

1801 geospatial file format. The database and institute shall prepare

1802 all estimates made under this section by applying the most

1803 advanced and validated peer-reviewed methodologies available.

1804 Data and records that must be maintained include, but are not

1805 limited to, all of the following:

1806 (a) Estimates of the total population, voting age

1807 population, and citizen voting age population by racial, color,

1808 or language minority group and disability status, broken down by

1809 precinct level on a year-by-year basis, for every local

1810 government in this state, based on data from the United States

1811 Census Bureau or the American Community Survey or data of

1812 comparable quality collected by a public office.

1813 (b) Election results at the precinct level for every

1814 federal, state, and local election held in every local

1815 government in this state.

1816 (c) Contemporaneous voter registration lists, voter

1817 history files, polling places, and vote-by-mail secure ballot

1818 intake stations for every election in every local government in

1819 this state.

1820 (d) Contemporaneous maps or other documentation of the

1821 configuration of precincts.

1822 (e) Lists of polling places, including, but not limited

1823 to, lists of precincts assigned to each polling place, if

1824 applicable.

1825 (f) Adopted district or redistricting plans for every

1826 election in every local government in this state.

1827 (g) A current record, updated monthly, of persons eligible

1828 to register to vote who have a prior criminal conviction and

1829 whose eligibility has been restored in compliance with s.

1830 98.0751.

1831 (h) Any other data that the director of the database and

1832 institute considers necessary to maintain in furtherance of the

1833 purposes of the database and institute.

1834 (4) All state agencies and local governments shall timely

1835 provide the director of the database and institute with any

1836 information requested by the director. No later than 90 days

1837 after an election, each local government shall transmit to the

1838 database and institute copies of all of the following:

1839 (a) Election results at the precinct level.

1840 (b) Contemporaneous voter registration lists.

1841 (c) Voter history files.

1842 (d) Maps, descriptions, and shapefiles for election

1843 districts.

1844 (e) Lists of polling places, shapefiles, or descriptions

1845 of the precincts assigned to each polling place.

1846 (f) Any other data as requested by the database and

1847 institute.

1848 (5) Any state entity identified by the director of the

1849 database and institute as possessing data, statistics, or other

1850 information required by the database and institute to carry out

1851 its duties and responsibilities shall provide such data,

1852 statistics, or information annually to the database and

1853 institute at the request of the director.

1854 (6) If a state agency or local government fails to provide

1855 any information to the database and institute as required by

1856 this section, the director of the database and institute, the

1857 Attorney General, or the FLVRA Commission may file an action to

1858 enforce compliance with this section. An entity aggrieved by a

1859 violation of this section includes, but is not limited to, any

1860 entity whose membership includes individuals aggrieved by this

1861 section or whose mission would be frustrated by a violation of

1862 this section, including, but not limited to, an entity that

1863 would expend or divest resources to fulfill its mission as a

1864 result of such violation or must expend greater resources or

1865 efforts to advocate before an elected body that is less

1866 responsive to the entity or its members due to the alleged

1867 violation. An entity may not be compelled to disclose the

1868 identity of any specific member to pursue a claim on behalf of

1869 its members. This section must be liberally construed to confer

1870 standing as broadly as the State Constitution allows. Such claim

1871 may be filed pursuant to the Florida Rules of Civil Procedure or

1872 in the Second Judicial Circuit of Florida.

1873 (7) No later than 90 days after the end of each state

1874 fiscal year, the database and institute shall publish a report

1875 on the priorities and finances of the database and institute.

1876 (8) The database and institute shall provide nonpartisan

1877 technical assistance to local governments, researchers, and

1878 members of the public seeking to use the resources of the

1879 database.

1880 (9) There is a rebuttable presumption that the data,

1881 estimates, or other information maintained by the database and

1882 institute is valid.

1883 Section 13. Section 97.24, Florida Statutes, is created to

1884 read:

1885 97.24 Language access.—

1886 (1) As used in this section, the term:

1887 (a) "Limited English proficient individual" means an

1888 individual who does not speak English as his or her primary

1889 language and who speaks, reads, or understands the English

1890 language other than "very well" in accordance with United States

1891 Census Bureau data or data of comparable quality collected by a

1892 governmental entity.

1893 (b) "Native American" includes any person recognized by

1894 the United States Census Bureau or the state as "American

1895 Indian."

1896 (2) The FLVRA Commission must designate one or more

1897 languages, other than English, for which assistance in voting

1898 and elections must be provided by a local government if the

1899 commission finds that a significant and substantial need exists

1900 for such assistance.

1901 (3) Based on the best available data, which may include

1902 information from the United States Census Bureau's American

1903 Community Survey or data of comparable quality collected by a

1904 governmental entity, the FLVRA Commission must find that a

1905 significant and substantial need exists if:

1906 (a) More than 2 percent, but no fewer than 200 citizens of

1907 voting age, of a local government speak a language other than

1908 English and are limited English proficient individuals.

1909 (b) More than 4,000 citizens of voting age of a local

1910 government speak a language other than English and are limited

1911 English proficient individuals.

1912 (4) In the case of a local government that contains any

1913 part of a Native American reservation, if more than 2 percent of

1914 the Native American citizens of voting age within the Native

1915 American reservation are proficient in a language other than

1916 English and are limited English proficient individuals, the

1917 local government must provide materials in such language.

1918 (5)(a) On an annual basis, the FLVRA Commission shall

1919 publish on its website a list of all of the following:

1920 1. Each local government in which assistance in voting and

1921 elections in a language other than English must be provided.

1922 2. Each language in which such assistance must be provided

1923 in each local government.

1924 (b) The FLVRA Commission's determinations under this

1925 section are effective upon publication, and the commission shall

1926 distribute this information to each affected local government.

1927 (6) Each local government described in paragraph (5)(a)

1928 shall provide assistance in voting and elections, including

1929 related materials, in any language designated by the commission

1930 under paragraph (5)(a) to voters in a local government who are

1931 limited English proficient individuals.

1932 (7) Whenever the FLVRA Commission determines that,

1933 pursuant to this section, language assistance must be provided

1934 by a local government, the local government shall provide

1935 competent assistance in each designated language and provide

1936 related materials in English and in each designated language,

1937 including voter registration or voting notices, forms,

1938 instructions, assistance, ballots, or other materials or

1939 information relating to the electoral process. However, in the

1940 case of a language that is oral or unwritten, including

1941 historically unwritten languages, as may be the case for some

1942 Native American languages, a local government must provide oral

1943 instructions, assistance, or other information on the electoral

1944 process in such language. All materials provided in a designated

1945 language must be of an equal quality to the corresponding

1946 English materials. All provided translations must convey the

1947 intent and essential meaning of the original text or

1948 communication and may not rely solely on automatic translation

1949 services. If available, live translation must be used for

1950 language assistance.

1951 (8) The FLVRA Commission shall establish a review process

1952 under which the commission determines, upon receipt of a request

1953 submitted under this subsection, whether a significant and

1954 substantial need exists in a local government for a language to

1955 be designated for language access and assistance in voting and

1956 elections if such need has not been found under subsection (3)

1957 or subsection (4). Such process, at a minimum, must include an

1958 opportunity for any voter or entity to submit a request for the

1959 commission to consider designating a language in a local

1960 government; an opportunity for public comment; and a procedure

1961 for determining whether a local government must provide language

1962 assistance.

1963 (9) Any individual or entity aggrieved by a violation of

1964 this section, the Attorney General, or the FLVRA Commission may

1965 file an action alleging a violation of this section. An entity

1966 aggrieved by a violation of this section includes, but is not

1967 limited to, any entity whose membership includes individuals

1968 aggrieved by this section or whose mission would be frustrated

1969 by a violation of this section, including, but not limited to,

1970 an entity that would expend or divest resources to fulfill its

1971 mission as a result of such violation or must expend greater

1972 resources or efforts to advocate before an elected body that is

1973 less responsive to the entity or its members due to the alleged

1974 violation. An entity may not be compelled to disclose the

1975 identity of any specific member to pursue a claim on behalf of

1976 its members. This section must be liberally construed to confer

1977 standing as broadly as the State Constitution allows. Such a

1978 claim may be filed pursuant to the Florida Rules of Civil

1979 Procedure or in the Second Judicial Circuit of Florida. Section 14. Section 97.25, Florida Statutes, is created to

1981 read:

1982 97.25 Preclearance.—

1983 (1) The enactment or implementation of a covered policy by

1984 a covered jurisdiction is subject to preclearance by the FLVRA

1985 Commission.

1986 (2) For purposes of this section, a covered policy

1987 includes any new or modified:

1988 (a) Election policy or practice.

1989 (b) Method of election, including districting or

1990 redistricting.

1991 (c) Form of government.

1992 (d) Annexation, incorporation, dissolution, consolidation,

1993 or division of a local government.

1994 (e) Removal of individuals from registry lists or

1995 enrollment lists and other activities concerning any such list,

1996 except where the removal is at the specific written request of

1997 the voter and other activities concerning any such list.

1998 (f) Hours of any early voting site, or location or number

1999 of early voting sites, polling places, or secure ballot intake

2000 stations.

2001 (g) Assignment of voting precincts to polling places or

2002 secure ballot intake station locations.

2003 (h) Assistance offered to protected class members.

2004 (i) Any additional subject matter the FLVRA Commission may

2005 identify for inclusion in this subsection, pursuant to

2006 commission rule, if the commission determines that any election

2007 policy or practice may have the effect of diminishing the right

2008 to vote of any protected class member or have the effect of

2009 violating this act.

2010 (3) Following each decennial census, if a covered

2011 jurisdiction does not make changes to its method of election,

2012 including, but not limited to, maintaining an at-large method of

2013 election or not making revisions to a district-based method of

2014 election, the method of election must be deemed a covered policy

2015 and must be submitted to the FLVRA Commission pursuant to this

2016 section.

2017 (4) A covered jurisdiction includes any of the following:

2018 (a) A local government that, within the preceding 25

2019 years, has been subject to a court order, government enforcement

2020 action, court-approved consent decree, or other settlement in

2021 which the local government conceded liability, based upon a

2022 violation of this act, the federal Voting Rights Act, the 15th

2023 Amendment to the United States Constitution, a voting-related

2024 violation of the 14th Amendment to the United States

2025 Constitution, or any violation of any other state or federal

2026 election law, concerning discrimination against members of a

2027 protected class.

2028 (b) A local government that, within the preceding 25

2029 years, has been subject to any court order, government

2030 enforcement action, court-approved consent decree, or any other

2031 settlement in which the local government conceded liability,

2032 based upon a violation of any state or federal civil rights law

2033 or the 14th Amendment to the United States Constitution,

2034 concerning discrimination against members of a protected class.

2035 (c) A local government that, during the preceding 3 years,

2036 has failed to comply with its obligation to provide data or

2037 information to the database pursuant to s. 97.23.

2038 (d) A local government that, during the preceding 25

2039 years, was found to have enacted or implemented a covered policy

2040 without obtaining preclearance for that policy pursuant to this

2041 section.

2042 (e) A local government that contains at least 1,000

2043 eligible voters of any protected class, or in which members of

2044 any protected class constitute at least 10 percent of the

2045 eligible voter population of the local government, and in which,

2046 in any year in the preceding 10 years, the percentage of voters

2047 of any protected class in a local government which participated

2048 in any general election for any local government office was at

2049 least 10 percentage points lower than the percentage of all

2050 voters in the local government who participated in such

2051 election.

2052 (f) A local government that contains at least 1,000

2053 eligible voters of any protected class, or in which members of

2054 any protected class constitute at least 10 percent of the

2055 eligible voter population of the local government, and in which,

2056 in any year in the preceding 10 years, the percentage of

2057 eligible voters of that protected class who were registered to

2058 vote was at least 10 percentage points lower than the percentage

2059 of all eligible voters in the local government who registered to

2060 vote.

2061 (g) A local government that contains at least 1,000

2062 eligible voters of any protected class, or in which members of

2063 any protected class constitute at least 10 percent of the

2064 eligible voter population of the local government, and in which,

2065 in any year in the preceding 10 years, based on data made

2066 available by the United States Census, the dissimilarity index

2067 of such protected class, calculated using census tracts, was in

2068 excess of 50 percent with respect to the race, color, or

2069 language minority group that comprises a plurality within the

2070 local government.

2071 (h) A local government that contains at least 1,000

2072 eligible voters of any protected class, or in which members of

2073 any protected class constitute at least 10 percent of the

2074 eligible voter population of the local government, and in which,

2075 in any year in the preceding 10 years, the poverty rate among

2076 the population of such protected class exceeded the poverty rate

2077 among the population of the local government as a whole by at

2078 least 10 percentage points.

2079 (i) A county that contains at least 1,000 eligible voters

2080 of any protected class, or in which members of any protected

2081 class constitute at least 10 percent of the eligible voter

2082 population of the county, and in which, in any year in the

2083 preceding 10 years, the arrest rate among members of such

2084 protected class exceeded the arrest rate among the population of

2085 the county as a whole by at least 10 percentage points.

2086 (j) Any school district that contains at least 1,000

2087 eligible voters of any protected class, or in which members of

2088 any protected class constitute at least 10 percent of the

2089 eligible voter population of the school district, and in which,

2090 in any year in the preceding 10 years, the graduation rate of

2091 such protected class was lower than the graduation rate of the

2092 entire district student population by at least 10 percentage

2093 points.

2094 (5) The FLVRA Commission shall determine on an annual

2095 basis which local governments are covered jurisdictions and

2096 publish a list of such jurisdictions on its website.

2097 (6) If a covered jurisdiction seeks preclearance from the

2098 FLVRA Commission for the adoption or implementation of any

2099 covered policy, the covered jurisdiction must submit the covered

2100 policy to the commission in writing and may obtain preclearance

2101 in accordance with this section.

2102 (a) The FLVRA Commission shall review the covered policy

2103 submitted for preclearance, including any comments submitted by

2104 members of the public, and make a determination to grant or deny

2105 preclearance. The covered jurisdiction bears the burden of proof

2106 in any preclearance determinations.

2107 (b)1. The FLVRA Commission may deny preclearance to a

2108 submitted covered policy only if it determines that:

2109 a. The covered policy is more likely than not to diminish

2110 the opportunity or ability of protected class members to

2111 participate in the political process and elect candidates of

2112 their choice or otherwise influence the outcome of elections; or

2113 b. The covered policy is more likely than not to violate

2114 this act.

2115 2. If the commission denies preclearance, the applicable

2116 covered jurisdiction may not enact or implement the covered

2117 policy. The commission shall provide a written explanation for a

2118 denial.

2119 (c) If the FLVRA Commission grants preclearance to a

2120 covered policy, the covered jurisdiction may immediately enact

2121 or implement the covered policy. A determination by the

2122 commission to grant preclearance is not admissible in, and may

2123 not be considered by, a court in any subsequent action

2124 challenging the covered policy. If the commission fails to deny

2125 or grant preclearance to a submitted covered policy within the

2126 timeframes set forth in paragraph (d), the covered policy is

2127 deemed to be precleared, and the covered jurisdiction may enact

2128 or implement the covered policy.

2129 (d) If a covered policy concerns the method of election

2130 for a legislative body, districting or redistricting, the number

2131 of seats on the legislative body, or annexation, incorporation,

2132 dissolution, consolidation, or division of a local government,

2133 the FLVRA Commission must review the covered policy, including

2134 any comments submitted by members of the public, and make a

2135 determination to deny or grant preclearance within 60 days after

2136 the submission of the covered policy. The commission may invoke

2137 up to two extensions of 90 days each to make such a

2138 determination. For all other covered policies, the commission

2139 shall review the covered policy, including any public comment,

2140 and make a determination to deny or grant preclearance within 30

2141 days after the submission of the covered policy. The commission

2142 may invoke an extension of 60 days to make such a determination.

2143 (e) A denial of preclearance under this section may be

2144 appealed only by the covered jurisdiction and must be filed in

2145 the Second Judicial Circuit. Other parties may not file an

2146 action to appeal a denial of preclearance or intervene in any

2147 such action brought by the covered jurisdiction.

2148 (7) If a covered jurisdiction enacts or implements any

2149 covered policy without obtaining preclearance for such covered

2150 policy in accordance with this section, any individual or entity

2151 aggrieved by such violation, the director of the database and

2152 institute, the Attorney General, or the FLVRA Commission may

2153 file an action to enjoin enactment or implementation and seek

2154 sanctions against the covered jurisdiction for violations of

2155 this section. An entity aggrieved by a violation of this section

2156 includes, but is not limited to, any entity whose membership

2157 includes individuals aggrieved by this section or whose mission

2158 would be frustrated by a violation of this section, including,

2159 but not limited to, an entity that would expend or divest

2160 resources to fulfill its mission as a result of such violation

2161 or must expend greater resources or efforts to advocate before

2162 an elected body that is less responsive to the entity or its

2163 members due to the alleged violation. An entity may not be

2164 compelled to disclose the identity of any specific member to

2165 pursue a claim on behalf of its members. This section must be

2166 liberally construed to confer standing as broadly as the State

2167 Constitution allows. Such a claim may be filed pursuant to the

2168 Florida Rules of Civil Procedure or in the Second Judicial

2169 Circuit. A claim under this subsection does not preclude, bar,

2170 or limit in any way any other claims that may be brought

2171 regarding the covered policy, including claims brought under

2172 other sections of this act.

2173 (8) If the FLVRA Commission approves preclearance for a

2174 covered policy in violation of this section, identifies or fails

2175 to identify a list of local governments that are covered

2176 jurisdictions in violation of this section, or otherwise fails

2177 to properly implement this section, any individual or entity

2178 aggrieved by such a violation may file an action seeking

2179 appropriate relief, including, but not limited to, injunctive

2180 relief on the commission or any other party, as the court deems

2181 necessary to enforce this section. An entity aggrieved by a

2182 violation of this section includes, but is not limited to, any

2183 entity whose membership includes individuals aggrieved by this

2184 section or whose mission would be frustrated by a violation of

2185 this section, including, but not limited to, an entity that

2186 would expend or divest resources to fulfill its mission as a

2187 result of such violation or must expend greater resources or

2188 efforts to advocate before an elected body that is less

2189 responsive to the entity or its members due to the alleged

2190 violation. An entity may not be compelled to disclose the

2191 identity of any specific member to pursue a claim on behalf of

2192 its members. This section must be liberally construed to confer

2193 standing as broadly as the State Constitution allows. Such a

2194 claim may be filed pursuant to the Florida Rules of Civil

2195 Procedure or in the Second Judicial Circuit of Florida. A claim

2196 under this subsection does not preclude, bar, or limit any other

2197 claims that may be brought regarding any covered policy,

2198 including claims brought under other sections of this act.

2199 (9) The FLVRA Commission shall adopt rules to implement

2200 this section, including rules concerning the content of and

2201 procedure for preclearance submission, procedures for public

2202 comment and transparency regarding preclearance determinations,

2203 and procedures for expedited and emergency preclearance

2204 determinations that deviate from the timelines provided in

2205 paragraph (6)(d), provided that such preclearance determinations

2206 are preliminary.

2207 Section 15. Section 97.26, Florida Statutes, is created to

2208 read:

2209 97.26 Voter intimidation, deception, and obstruction.—

2210 (1) A person may not, whether acting under color of law or

2211 otherwise, engage in acts of intimidation, deception, or

2212 obstruction, or any other tactic that has the effect of or may

2213 reasonably have the effect of interfering with another person's

2214 right to vote.

2215 (2) A violation of subsection (1) includes any of the

2216 following:

2217 (a) The use of force or threats to use force, or the use

2218 of any other conduct to practice intimidation, which causes or

2219 will reasonably have the effect of causing interference with an

2220 individual's right to vote.

2221 (b) Knowingly using or deploying a deceptive or fraudulent

2222 device, contrivance, or communication that causes or will

2223 reasonably have the effect of causing interference with an

2224 individual's right to vote.

2225 (c) The obstruction of, impediment to, or interference

2226 with access to any early voting site, polling place, secure

2227 ballot intake station, or office of the supervisor of elections

2228 in a manner that causes or will reasonably have the effect of

2229 causing interference with an individual's right to vote or

2230 causing any delay in voting or the voting process.

2231 (3)(a) In any action to enforce this section, there is a

2232 rebuttable presumption that a person has violated this section

2233 if he or she openly carries or brandishes a firearm, an

2234 imitation firearm, a toy gun, a machete, an axe, a sword, or any

2235 weapon as defined in s. 790.001 while:

2236 1. Interacting with or observing any person voting or

2237 attempting to vote;

2238 2. Urging or aiding any person to vote or attempt to vote,

2239 whether as part of official election administration activities

2240 or unofficial activities; or

2241 3. Exercising any power or duty in administering

2242 elections, including, but not limited to, vote counting,

2243 canvassing, or certifying returns.

2244 (b) A law enforcement officer as defined in s. 943.10

2245 acting within the scope of his or her official duties is not

2246 subject to the presumption under paragraph (a), but a court may

2247 nonetheless consider a law enforcement officer's possession of a

2248 firearm in determining whether the officer violated this

2249 section.

2250 (4) Any individual or entity aggrieved by a violation of

2251 this section, the Attorney General, or the FLVRA Commission may

2252 file a civil action alleging a violation of this section. An

2253 entity aggrieved by a violation of this section includes, but is

2254 not limited to, any entity whose membership includes individuals

2255 aggrieved by this section or whose mission would be frustrated

2256 by a violation of this section, including, but not limited to,

2257 an entity that would expend or divest resources to fulfill its

2258 mission as a result of such violation or must expend greater

2259 resources or efforts to advocate before an elected body that is

2260 less responsive to the entity or its members due to the alleged

2261 violation. An entity may not be compelled to disclose the

2262 identity of any specific member to pursue a claim on behalf of

2263 its members. This section must be liberally construed to confer

2264 standing as broadly as the State Constitution allows. Such a

2265 claim may be filed pursuant to the Florida Rules of Civil

2266 Procedure or in the Second Judicial Circuit.

2267 (5) In addition to any remedies that may be imposed under

2268 s. 97.28, if the court finds a violation of this section, the

2269 court must order appropriate remedies that are tailored to

2270 addressing the violation, including, but not limited to,

2271 providing for additional time for individuals to vote in an

2272 election, a primary, or a referendum and awarding nominal

2273 damages for any violation and compensatory or punitive damages

2274 for any willful violation.

2275 Section 16. Section 97.27, Florida Statutes, is created to

2276 read:

2277 97.27 Democracy canon.—

2278 (1) Any provision of this code and any regulation,

2279 charter, home rule ordinance, or other enactment of the state or

2280 any local government relating to the right to vote must be

2281 liberally construed in favor of the rights enumerated in

2282 paragraphs (a)-(e), as follows:

2283 (a) Protecting the individual's right to cast a ballot and

2284 make the ballot valid.

2285 (b) Ensuring eligible individuals seeking voter

2286 registration are not impaired in being registered.

2287 (c) Ensuring voters are not impaired in voting, including,

2288 but not limited to, having their votes counted.

2289 (d) Making the fundamental right to vote more accessible

2290 to eligible voters.

2291 (e) Ensuring equitable access for protected class members

2292 to opportunities to be registered to vote and to vote.

2293 (2) It is the policy of the state that courts should

2294 exercise their discretion on any issue, including, but not

2295 limited to, questions of discovery, procedure, admissibility of

2296 evidence, or remedies, in favor of the rights enumerated in

2297 paragraphs (1)(a)-(e) to the extent allowable by law.

2298 Furthermore, it is the policy of the state to promote the free

2299 flow of documents and information concerning the intent of

2300 public officials in actions concerning the right to vote.

2301 Accordingly, in any action under this act, the federal Voting

2302 Rights Act, or a voting-related claim under the State

2303 Constitution or the United States Constitution, sovereign,

2304 governmental, executive, legislative, or deliberative immunities

2305 and privileges, including any evidentiary privileges, may not be

2306 asserted. However, this section does not apply to any attorney-

2307 client or attorney work-product privileges.

2308 Section 17. Section 97.28, Florida Statutes, is created to

2309 read:

2310 97.28 Remedies.—

2311 (1) If a court finds a violation of this act, the court

2312 must order appropriate remedies that are tailored to address

2313 such violation and to ensure protected class members have

2314 equitable opportunities to fully participate in the political

2315 process and that the remedies can be implemented in a manner

2316 that will not unduly disrupt the administration of an ongoing or

2317 imminent election. Appropriate remedies include, but need not be

2318 limited to, any of the following:

2319 (a) Another method of election or changes to the existing

2320 method of election.

2321 (b) Elimination of staggered elections so that all members

2322 of the legislative body are elected at the same time.

2323 (c) Reasonably increasing the size of the legislative

2324 body.

2325 (d) Additional voting days or hours.

2326 (e) Additional polling places and early voting sites.

2327 (f) Additional opportunities to return ballots.

2328 (g) Holding special elections.

2329 (h) Expanded opportunities for voter registration.

2330 (i) Additional voter education.

2331 (j) The restoration or addition of individuals to registry

2332 lists.

2333 (k) Retaining jurisdiction for such a period of time as

2334 the court deems appropriate.

2335 (2) The court shall consider remedies proposed by any

2336 party to the action or by interested nonparties. The court may

2337 not give deference or priority to a proposed remedy because it

2338 is proposed by the state or local government.

2339 (3) If necessary to remedy a violation of this act, the

2340 court is empowered to require a local government to implement

2341 remedies that are inconsistent with any other law and any

2342 special act, charter or home rule ordinance, or other enactment

2343 of the state or local government.

2344 (4) Notwithstanding the Florida Rules of Civil Procedure

2345 or any other law, the court must grant a temporary injunction

2346 and any other preliminary relief requested under this section

2347 with respect to an upcoming election if the court determines

2348 that the party is more likely than not to succeed on the merits

2349 and that it is possible to implement an appropriate temporary

2350 remedy that would resolve the violation alleged under this

2351 section before the next general election.

2352 (5) In any action to enforce this act, the court shall

2353 award reasonable attorney fees and litigation costs, including,

2354 but not limited to, expert witness fees and expenses, to the

2355 party that filed an action, other than a state or local

2356 government, and that prevailed in such action. The party that

2357 filed the action is deemed to have prevailed when, as a result

2358 of litigation, the party against whom the action was filed has

2359 yielded some or all of the relief sought in the action. In the

2360 case of a party against whom an action was filed and who

2361 prevailed, the court may not award the party any costs unless

2362 the court finds the action to be frivolous, unreasonable, or

2363 without foundation.

2364 Section 18. Paragraph (b) of subsection (4) of section 98.045, Florida Statutes, is amended to read:

2366 98.045 Administration of voter registration.—

2367 (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL

2368 STREET ADDRESSES.—

2369 (b) The department shall make the statewide database of

2370 valid street addresses available to the Department of Highway

2371 Safety and Motor Vehicles as provided in s. 97.057(8) s.

2372 ~~97.057(10).~~ The Department of Highway Safety and Motor Vehicles

2373 shall use the database for purposes of validating the legal

2374 residential addresses provided in voter registration

2375 applications received by the Department of Highway Safety and

2376 Motor Vehicles.

2377 Section 19. Subsections (1) and (2) of section 98.255,

2378 Florida Statutes, are amended to read:

2379 98.255 Voter education programs.—

2380 (1) The Department of State shall adopt rules prescribing

2381 minimum standards for nonpartisan voter education. The standards

2382 shall, at a minimum, address:

2383 (a) Voter registration;

2384 (b) Balloting procedures, by mail and polling place;

2385 (c) Voter rights and responsibilities;

2386 (d) Distribution of sample ballots; ~~and~~

2387 (e) Public service announcements; and

2388 (f) Plain writing standards consistent with official

2389 federal guidelines for the Plain Writing Act of 2010 and United

2390 States Election Assistance Commission best practices for

2391 designing effective voter education materials.

2392 (2) Each county supervisor shall implement the minimum

2393 voter education standards, and shall conduct additional

2394 nonpartisan education efforts as necessary to ensure that voters

2395 have a working knowledge of the voting process. This includes

2396 providing, to the extent possible, public-facing voter

2397 information in plain language reasonably calculated to be

2398 understood by persons with grade 8 reading level or lower.

2399 Section 20. Paragraphs (e) and (g) of subsection (14) of

2400 section 100.371, Florida Statutes, are amended to read:

2401 100.371 Initiatives; procedure for placement on ballot.—

2402 (14)

2403 (e) Beginning October 1, 2025, when the signature on the

2404 petition form is verified as valid, the supervisor shall, as

2405 soon as practicable, notify the voter by mail at the mailing

2406 address on file in the Florida Voter Registration System.

2407 1. Such notice must be sent by forwardable mail with a

2408 postage prepaid preaddressed form, which may be returned to the

2409 office of the supervisor of elections ~~Office of Election Crimes~~

2410 ~~and Security.~~ The notice must include contact information for

2411 the office of the supervisor of elections ~~Office of Election~~

2412 ~~Crimes and Security,~~ including the telephone number, fax number,

2413 mailing address, and e-mail address. The notice must include all

2414 of the following statements or information in substantially the

2415 following form:

2417 NOTICE

2419 A petition to place a proposed constitutional

2420 amendment on the ballot for the next general election,

2421 bearing your name and signature, has been received and

2422 verified by the Supervisor of Elections Office in

2423 ...(insert county)....

2425 The petition is for ...(insert the petition serial

2426 number and ballot title)... and was signed on

2427 ...(insert the date the voter signed the petition)....

2429 Check this box ☐, sign, and return this notice to the

2430 Office of the Supervisor of Elections ~~Office of~~

2431 ~~Election Crimes and Security~~ if you believe your

2432 signature has been misrepresented or forged on a

2433 petition. The petition form in question will be

2434 invalidated and will not be counted toward the number

2435 of signatures required to place this proposed

2436 constitutional amendment on the ballot.

2438 A notice being returned must be received by the Office

2439 of the Supervisor of Elections ~~Office of Election~~

2440 ~~Crimes and Security~~ on or before February 1 ...(insert

2441 the year in which the general election is held)....

2443 ...(Insert the voter's Florida voter registration

2444 number, and if applicable, the petition circulator's

2445 number)....

2447 By signing below, I swear or affirm that my signature

2448 was misrepresented or forged on the petition form

2449 indicated in this notice.

2451 ...(Voter's Signature)... ...(Date)...

2453 This notice becomes a public record upon receipt by

2454 the Office of the Supervisor of Elections ~~Office of~~

2455 ~~Election Crimes and Security.~~ It is a second degree

2456 misdemeanor, punishable as provided in s. 775.082,

2457 Florida Statutes, or s. 772.083, Florida Statutes, for

2458 a person to knowingly make a false official statement

2459 pursuant to s. 837.06, Florida Statutes.

2461 2. Upon receiving a completed notice, the office of the

2462 supervisor of elections ~~Office of Election Crimes and Security~~

2463 shall transmit a copy of such notices to the division. The

2464 division shall deem the voter's petition form invalid.

2465 (g) On the last day of each month, or on the last day of

2466 each week from December 1 of an odd-numbered year through

2467 February 1 of the following year, each supervisor shall post on

2468 his or her website the total number of signatures submitted, the

2469 total number of invalid signatures, the total number of

2470 signatures processed, and the aggregate number of verified valid

2471 signatures and the distribution of such signatures by

2472 congressional district for each proposed amendment proposed by

2473 initiative, along with the following information specific to the

2474 reporting period: the total number of signed petition forms

2475 received, the total number of signatures verified, the

2476 distribution of verified valid signatures by congressional

2477 district, and the total number of verified petition forms

2478 forwarded to the Secretary of State. For any reporting period in

2479 which the percentage of petition forms deemed invalid by the

2480 supervisor exceeds a total of 25 percent of the petition forms

2481 received by the supervisor for that reporting period, the

2482 supervisor shall notify the department ~~Office of Election Crimes~~

2483 ~~and Security.~~ The department ~~Office of Election Crimes and~~

2484 ~~Security~~ shall conduct a preliminary investigation into the

2485 activities of the sponsor, one or more petition circulators, or

2486 a person collecting petition forms on behalf of a sponsor, to

2487 determine whether the invalidated petitions are a result of

2488 fraud or any other violation of this section. As authorized by

2489 s. 97.012(15) ~~ss. 97.012(15) and 97.022(1),~~ the secretary ~~Office~~

2490 ~~of Elections Crimes and Security~~ may, if warranted, report

2491 findings to the statewide prosecutor or the state attorney for

2492 the judicial circuit in which the alleged violation occurred for

2493 prosecution.

2494 Section 21. Section 100.51, Florida Statutes, is created

2495 to read:

2496 100.51 General Election Day paid holiday.—In order to

2497 encourage civic participation, enable more individuals to serve

2498 as poll workers, and provide additional time for the resolution

2499 of any issue that arises while a voter is casting his or her

2500 ballot, General Election Day shall be a paid holiday. A voter is

2501 entitled to absent himself or herself from any service or

2502 employment in which he or she is engaged or employed during the

2503 time the polls are open on General Election Day. A voter who

2504 absents himself or herself under this section may not be

2505 penalized in any way, and a deduction may not be made from his

2506 or her usual salary or wages, on account of his or her absence.

2507 Section 22. Section 101.016, Florida Statutes, is created

2508 to read:

2509 101.016 Strategic elections equipment reserve.—

2510 (1) The Division of Elections shall maintain a secure

2511 election equipment reserve that may be deployed in the event of

2512 an emergency as defined in s. 101.732 or in the event of

2513 capacity issues due to unexpected voter turnout.

2514 (2) The reserve, at a minimum, must include ballot marking

2515 devices, scanners, tabulation equipment, ballot-on-demand

2516 printers, paper required for voting machines and printers,

2517 accessible voting equipment, electronic poll books,

2518 uninterrupted power supplies, generators, cabling, and power

2519 cords, and may include other related equipment necessary to

2520 ensure the continuity of elections, consistent with the voting

2521 systems certified for use by each supervisor of elections.

2522 (3) The division may, in lieu of maintaining a physical

2523 reserve of such equipment, contract with one or more certified

2524 vendors of voting systems to provide such equipment on an as-

2525 needed basis. Any such contract must include all of the

2526 following:

2527 (a) A guaranteed delivery timeframe no later than 24 hours

2528 after a request by a supervisor of election, the division, or

2529 the department.

2530 (b) Requirements for the secure transportation,

2531 installation, and removal of equipment.

2532 (c) Maintenance of secure custody and detailed chain-of-

2533 custody records for all equipment consistent with s. 101.015 and

2534 related administrative rules, including documentation of each

2535 transfer, installation, removal, and compliance with applicable

2536 state cybersecurity and physical security standards.

2537 (4) No later than February 1, 2027, and annually no later

2538 than February 1 thereafter, the division shall submit a report

2539 to the Governor, the President of the Senate, and the Speaker of

2540 the House of Representatives which includes all of the

2541 following:

2542 (a) The current inventory of equipment held in reserve or

2543 available by vendor contract.

2544 (b) A list of all deployments of equipment under this

2545 section during the preceding calendar year, including the reason

2546 for deployment, response time, and associated costs.

2547 (c) Recommendations for improvements to ensure readiness

2548 for future elections.

2549 Section 23. Section 101.019, Florida Statutes, is

2550 repealed.

2551 Section 24. Subsections (1) and (2) of section 101.048,

2552 Florida Statutes, are amended to read:

2553 101.048 Provisional ballots.—

2554 (1) At all elections, a voter claiming to be properly

2555 registered in this ~~the~~ state and eligible to vote ~~at the~~

2556 ~~precinct~~ in the election but whose eligibility cannot be

2557 determined, a person whom an election official asserts is not

2558 eligible, including, but not limited to, a person to whom notice

2559 has been sent pursuant to s. 98.075(7), but for whom a final

2560 determination of eligibility has not been made, and other

2561 persons specified in the code is ~~shall be~~ entitled to vote a

2562 provisional ballot at any precinct in the county in which the

2563 voter claims to be registered. Once voted, the provisional

2564 ballot must be placed in a secrecy envelope and thereafter

2565 sealed in a provisional ballot envelope. The provisional ballot

2566 must be deposited in a ballot box. All provisional ballots must

2567 remain sealed in their envelopes for return to the supervisor of

2568 elections. The department shall prescribe the form of the

2569 provisional ballot envelope. A person casting a provisional

2570 ballot has the right to present written evidence supporting his

2571 or her eligibility to vote to the supervisor of elections by not

2572 later than 5 p.m. on the second day following the election.

2573 (2)(a) The county canvassing board shall examine each

2574 Provisional Ballot Voter's Certificate and Affirmation to

2575 determine if the person voting that ballot was entitled to vote

2576 in the county in which ~~at the precinct where~~ the person cast a

2577 vote in the election and that the person had not otherwise

2578 ~~already~~ cast a ballot in the election. In determining whether a

2579 person casting a provisional ballot is entitled to vote, the

2580 county canvassing board shall review the information provided in

2581 the Voter's Certificate and Affirmation, written evidence

2582 provided by the person pursuant to subsection (1), information

2583 provided in any cure affidavit and accompanying supporting

2584 documentation pursuant to subsection (6), any other evidence

2585 presented by the supervisor, and, in the case of a challenge,

2586 any evidence presented by the challenger. A ballot of a person

2587 casting a provisional ballot must ~~shall~~ be canvassed pursuant to

2588 paragraph (b) unless the canvassing board determines by a

2589 preponderance of the evidence that the person was not entitled

2590 to vote.

2591 (b) If it is determined that the person was registered and

2592 entitled to vote in the county in which ~~at the precinct where~~

2593 the person cast a vote in the election, the canvassing board

2594 must compare the signature on the Provisional Ballot Voter's

2595 Certificate and Affirmation or the provisional ballot cure

2596 affidavit with the signature on the voter's registration or

2597 precinct register. A provisional ballot may be counted only if:

2598 1. The signature on the voter's certificate or the cure

2599 affidavit matches the elector's signature in the registration

2600 books or the precinct register; however, in the case of a cure

2601 affidavit, the supporting identification listed in subsection

2602 (6) must also confirm the identity of the elector; or

2603 2. The cure affidavit contains a signature that does not

2604 match the elector's signature in the registration books or the

2605 precinct register, but the elector has submitted a current and

2606 valid Tier 1 form of identification confirming his or her

2607 identity pursuant to subsection (6).

2609 For purposes of this paragraph, any canvassing board finding

2610 that signatures do not match must be by majority vote and beyond

2611 a reasonable doubt.

2612 (c) Any provisional ballot not counted must remain in the

2613 envelope containing the Provisional Ballot Voter's Certificate

2614 and Affirmation, and the envelope must ~~shall~~ be marked "Rejected

2615 as Illegal."

2616 (d) If a provisional ballot is validated following the

2617 submission of a cure affidavit, the supervisor must make a copy

2618 of the affidavit, affix it to a voter registration application,

2619 and immediately process it as a valid request for a signature

2620 update pursuant to s. 98.077.

2621 Section 25. Subsection (1) of section 101.572, Florida

2622 Statutes, is amended to read:

2623 101.572 Public inspection of ballots.—

2624 ~~(1) The official ballots and ballot cards received from~~

2625 ~~election boards and removed from vote-by-mail ballot mailing~~

2626 ~~envelopes and voter certificates on such mailing envelopes shall~~

2627 ~~be open for public inspection or examination while in the~~

2628 ~~custody of the supervisor of elections or the county canvassing~~

2629 ~~board at any reasonable time, under reasonable conditions;~~

2630 ~~however, no persons other than the supervisor of elections or~~

2631 ~~his or her employees or the county canvassing board shall handle~~

2632 ~~any official ballot or ballot card. If the ballots are being~~

2633 ~~examined prior to the end of the contest period in s. 102.168,~~

2634 ~~the supervisor of elections shall make a reasonable effort to~~

2635 ~~notify all candidates whose names appear on such ballots or~~

2636 ~~ballot cards by telephone or otherwise of the time and place of~~

2637 ~~the inspection or examination. All such candidates, or their~~

2638 ~~representatives, shall be allowed to be present during the~~

2639 ~~inspection or examination.~~ Section 26. Paragraph (a) of subsection (1) and paragraphs

2641 (c) and (d) of subsection (3) of section 101.62, Florida

2642 Statutes, are amended, and subsection (7) is added to that

2643 section, to read:

2644 101.62 Request for vote-by-mail ballots.—

2645 (1) REQUEST.—

2646 (a) The supervisor shall accept a request for a vote-by-

2647 mail ballot only from a voter or, if directly instructed by the

2648 voter, a member of the voter's immediate family or the voter's

2649 legal guardian. A request may be made in person, in writing, by

2650 telephone, or through the supervisor's website. The department

2651 shall prescribe by rule by October 1, 2023, a uniform statewide

2652 application to make a written request for a vote-by-mail ballot

2653 which includes fields for all information required in this

2654 subsection. One request is deemed sufficient to receive a vote-

2655 by-mail ballot for all elections until the voter or the voter's

2656 designee notifies the supervisor that the voter cancels such

2657 request ~~through the end of the calendar year of the next~~

2658 ~~regularly scheduled general election,~~ unless the voter or the

2659 voter's designee indicates at the time the request is made the

2660 elections ~~within such period~~ for which the voter desires to

2661 receive a vote-by-mail ballot. The supervisor must cancel a

2662 request for a vote-by-mail ballot when any first-class mail or

2663 nonforwardable mail sent by the supervisor to the voter is

2664 returned as undeliverable. If the voter requests a vote-by-mail

2665 ballot thereafter, the voter must provide or confirm his or her

2666 current residential address.

2667 (3) DELIVERY OF VOTE-BY-MAIL BALLOTS.—

2668 (c) Except as otherwise provided in paragraph (a) or

2669 paragraph (b), the supervisor shall mail vote-by-mail ballots

2670 within 2 business days after receiving a request for such a

2671 ballot, but no later than the 11th ~~10th~~ day before election day.

2672 The deadline to submit a request for a ballot to be mailed is 5

2673 p.m. local time on the 12th day before an upcoming election.

2674 (d) Upon a request for a vote-by-mail ballot, the

2675 supervisor shall provide a vote-by-mail ballot to each voter by

2676 whom a request for that ballot has been made, by one of the

2677 following means:

2678 1. By nonforwardable, return-if-undeliverable mail to the

2679 voter's current mailing address on file with the supervisor or

2680 any other address the voter specifies in the request. The

2681 envelopes must be prominently marked "Do Not Forward."

2682 2. By forwardable mail, e-mail, or facsimile machine

2683 transmission to absent uniformed services voters and overseas

2684 voters. The absent uniformed services voter or overseas voter

2685 may designate in the vote-by-mail ballot request the preferred

2686 method of transmission. If the voter does not designate the

2687 method of transmission, the vote-by-mail ballot must be mailed.

2688 3. By personal delivery to the voter after vote-by-mail

2689 ballots have been mailed and up to 7 p.m. on election day upon

2690 presentation of the identification required in s. 101.043.

2691 4. By delivery to the voter's designee after vote-by-mail

2692 ballots have been mailed and up to 7 p.m. on election day. Any

2693 voter may designate in writing a person to pick up the ballot

2694 for the voter; ~~however, the person designated may not pick up~~

2695 ~~more than two vote-by-mail ballots per election, other than the~~

2696 ~~designee's own ballot, except that additional ballots may be~~

2697 ~~picked up for members of the designee's immediate family. The~~

2698 ~~designee shall provide to the supervisor the written~~

2699 ~~authorization by the voter and a picture identification of the~~

2700 ~~designee and must complete an affidavit. The designee shall~~

2701 ~~state in the affidavit that the designee is authorized by the~~

2702 ~~voter to pick up that ballot and shall indicate if the voter is~~

2703 ~~a member of the designee's immediate family and, if so, the~~

2704 ~~relationship. The department shall prescribe the form of the~~

2705 ~~affidavit. If the supervisor is satisfied that the designee is~~

2706 ~~authorized to pick up the ballot and that the signature of the~~

2707 ~~voter on the written authorization matches the signature of the~~

2708 ~~voter on file, the supervisor must give the ballot to that~~

2709 ~~designee for delivery to the voter.~~

2710 5. Except as provided in s. 101.655, the supervisor may

2711 not deliver a vote-by-mail ballot to a voter or a voter's

2712 designee pursuant to subparagraph 3. or subparagraph 4.,

2713 respectively, during the mandatory early voting period and up to

2714 7 p.m. on election day, unless there is an emergency, to the

2715 extent that the voter will be unable to go to a designated early

2716 voting site in his or her county or to his or her assigned

2717 polling place on election day. If a vote-by-mail ballot is

2718 delivered, the voter or his or her designee must execute an

2719 affidavit affirming to the facts which allow for delivery of the

2720 vote-by-mail ballot. The department shall adopt a rule providing

2721 for the form of the affidavit.

2722 (7) DEADLINE EXTENSION.—If a deadline under this section

2723 falls on a day when the office of the supervisor is scheduled to

2724 be closed, the deadline must be extended until the next business

2725 day.

2726 Section 27. Paragraph (a) of subsection (1) and

2727 subsections (2) and (4) of section 101.64, Florida Statutes, are

2728 amended to read:

2729 101.64 Delivery of vote-by-mail ballots; envelopes; form.—

2730 (1)(a) The supervisor shall enclose with each vote-by-mail

2731 ballot two envelopes: a secrecy envelope, into which the absent

2732 voter must ~~elector shall~~ enclose his or her marked ballot; and a

2733 postage prepaid mailing envelope, into which the absent voter

2734 must ~~elector shall~~ then place the secrecy envelope, which must

2735 ~~shall~~ be addressed to the supervisor and also bear on the back

2736 side a certificate in substantially the following form:

2738 Note: Please Read Instructions Carefully Before

2739 Marking Ballot and Completing Voter's Certificate.

2740 VOTER'S CERTIFICATE

2741 I, ...., do solemnly swear or affirm that I am a qualified

2742 and registered voter of .... County, Florida, and that I have

2743 not and will not vote more than one ballot in this election. I

2744 understand that if I commit or attempt to commit any fraud in

2745 connection with voting, vote a fraudulent ballot, or vote more

2746 than once in an election, I can be convicted of a felony of the

2747 third degree and fined up to $5,000 and/or imprisoned for up to

2748 5 years. I also understand that failure to sign this certificate

2749 will invalidate my ballot.

2750 ...(Date)...

2751 ...(Voter's Signature or Last Four Digits of Social Security

2752 Number)...

2753 ...(E-Mail Address)... ...(Home Telephone Number)...

2754 ...(Mobile Telephone Number)...

2756 (2) The certificate must ~~shall~~ be arranged on the back of

2757 the mailing envelope so that the line for the signature or last

2758 four digits of the social security number of the voter are

2759 ~~absent elector is~~ across the seal of the envelope; however, a no

2760 statement may not ~~shall~~ appear on the envelope which indicates

2761 that a signature or the last four digits of the social security

2762 number of the voter must cross the seal of the envelope. The

2763 voter must ~~absent elector shall~~ execute the certificate on the

2764 envelope.

2765 (4) The supervisor shall mark, code, indicate on, or

2766 otherwise track the precinct of the voter ~~absent elector~~ for

2767 each vote-by-mail ballot.

2768 Section 28. Section 101.65, Florida Statutes, is amended

2769 to read:

2770 101.65 Instructions to absent electors.—The supervisor

2771 shall enclose with each vote-by-mail ballot separate printed

2772 instructions in substantially the following form; however, where

2773 the instructions appear in capitalized text, the text of the

2774 printed instructions must be in bold font:

2776 READ THESE INSTRUCTIONS CAREFULLY

2777 BEFORE MARKING BALLOT.

2779 1. VERY IMPORTANT. In order to ensure that your vote-by-

2780 mail ballot will be counted, it should be completed and returned

2781 as soon as possible so that it can reach the supervisor of

2782 elections of the county in which your precinct is located no

2783 later than 7 p.m. on the day of the election. However, if you

2784 are an overseas voter casting a ballot in a presidential

2785 preference primary or general election, your vote-by-mail ballot

2786 must be postmarked or dated no later than the date of the

2787 election and received by the supervisor of elections of the

2788 county in which you are registered to vote no later than 10 days

2789 after the date of the election. Note that the later you return

2790 your ballot, the less time you will have to cure any signature

2791 deficiencies, which may cause your ballot not to be counted is

2792 ~~authorized until 5 p.m. on the 2nd day after the election.~~ If

2793 there is a problem with your signature, the supervisor of

2794 elections must notify you as soon as practicable, and you have

2795 until 5 p.m. on the second day after the election to correct it.

2796 2. Mark your ballot in secret as instructed on the ballot.

2797 You must mark your own ballot unless you are unable to do so

2798 because of blindness, disability, or inability to read or write.

2799 3. Mark only the number of candidates or issue choices for

2800 a race as indicated on the ballot. If you are allowed to "Vote

2801 for One" candidate and you vote for more than one candidate,

2802 your vote in that race will not be counted.

2803 4. Place your marked ballot in the enclosed secrecy

2804 envelope.

2805 5. Insert the secrecy envelope into the enclosed mailing

2806 envelope which is addressed to the supervisor.

2807 6. Seal the mailing envelope and completely fill out the

2808 Voter's Certificate on the back of the mailing envelope.

2809 7. VERY IMPORTANT. In order for your vote-by-mail ballot

2810 to be counted, you must sign your name or print the last four

2811 digits of your social security number on the line above (Voter's

2812 Signature or Last Four Digits of Social Security Number). A

2813 vote-by-mail ballot will be considered illegal and not be

2814 counted if the signature or the last four digits of the social

2815 security number on the voter's certificate do ~~does~~ not match the

2816 signature or social security number on record. The signature on

2817 file at the time the supervisor of elections in the county in

2818 which your precinct is located receives your vote-by-mail ballot

2819 is the signature that will be used to verify your signature on

2820 the voter's certificate. If you need to update your signature

2821 for this election, send your signature update on a voter

2822 registration application to your supervisor of elections ~~so that~~

2823 ~~it is received before your vote-by-mail ballot is received.~~

2824 8. VERY IMPORTANT. If you are an overseas voter, you must

2825 include the date you signed the Voter's Certificate or printed

2826 the last four digits of your social security number on the line

2827 above (Date) or your ballot may not be counted.

2828 9. Mail, deliver, or have delivered the completed mailing

2829 envelope. If mailing, be sure there is sufficient postage if the

2830 mailing envelope is not already postage-paid ~~mailed.~~ THE

2831 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE

2832 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS

2833 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE

2834 STATION, AVAILABLE AT EACH EARLY VOTING LOCATION.

2835 10. FELONY NOTICE. It is a felony under Florida law to

2836 accept any gift, payment, or gratuity in exchange for your vote

2837 for a candidate. It is also a felony under Florida law to vote

2838 in an election using a false identity or false address, or under

2839 any other circumstances making your ballot false or fraudulent. Section 29. Paragraphs (a) and (b) of subsection (1),

2841 paragraph (c) of subsection (2), and paragraphs (a), (c), and

2842 (d) of subsection (4) of section 101.68, Florida Statutes, are

2843 amended to read:

2844 101.68 Canvassing of vote-by-mail ballot.—

2845 (1)(a) The supervisor of the county where the absent

2846 elector resides shall receive the voted ballot, at which time

2847 the supervisor shall compare the signature or the last four

2848 digits of the social security number of the elector on the

2849 voter's certificate with the signature or the last four digits

2850 of the social security number of the elector in the registration

2851 books or the precinct register to determine whether the elector

2852 is duly registered in the county and must record on the

2853 elector's registration record that the elector has voted. During

2854 the signature comparison process, the supervisor may not use any

2855 knowledge of the political affiliation of the elector whose

2856 signature is subject to verification.

2857 (b) An elector who dies after casting a vote-by-mail

2858 ballot but on or before election day must ~~shall~~ remain listed in

2859 the registration books until the results have been certified for

2860 the election in which the ballot was cast. The supervisor shall

2861 safely keep the ballot unopened in his or her office until the

2862 county canvassing board canvasses the vote pursuant to

2863 subsection (2).

2864 (2)

2865 (c)1. The canvassing board must, if the supervisor has not

2866 already done so, compare the signature or the last four digits

2867 of the social security number of the elector on the voter's

2868 certificate or on the vote-by-mail ballot cure affidavit as

2869 provided in subsection (4) with the signature or last four

2870 digits of the social security number of the elector in the

2871 registration books or the precinct register to see that the

2872 elector is duly registered in the county and to determine the

2873 validity ~~legality~~ of that vote-by-mail ballot. A vote-by-mail

2874 ballot may only be counted if:

2875 a. The signature or last four digits of the social

2876 security number on the voter's certificate or the cure affidavit

2877 match ~~matches~~ the elector's signature or last four digits of the

2878 social security number in the registration books or precinct

2879 register; however, in the case of a cure affidavit, the

2880 supporting identification listed in subsection (4) must also

2881 confirm the identity of the elector; or

2882 b. The cure affidavit contains a signature or the last

2883 four digits of a social security number which do ~~that does~~ not

2884 match the elector's signature or last four digits of the social

2885 security number in the registration books or precinct register,

2886 but the elector has submitted a current and valid Tier 1

2887 identification pursuant to subsection (4) which confirms the

2888 identity of the elector.

2890 For purposes of this subparagraph, any canvassing board finding

2891 that an elector's signatures or last four digits of the

2892 elector's social security number do not match must be by

2893 majority vote and beyond a reasonable doubt.

2894 2. The ballot of an elector who casts a vote-by-mail

2895 ballot shall be counted even if the elector dies on or before

2896 election day, as long as, before the death of the voter, the

2897 ballot was postmarked by the United States Postal Service, date-

2898 stamped with a verifiable tracking number by a common carrier,

2899 or already in the possession of the supervisor.

2900 3. A vote-by-mail ballot is not considered invalid ~~illegal~~

2901 if the signature or last four digits of the social security

2902 number of the elector do ~~does~~ not cross the seal of the mailing

2903 envelope.

2904 4. ~~If any elector or candidate present believes that a~~

2905 ~~vote-by-mail ballot is illegal due to a defect apparent on the~~

2906 ~~voter's certificate or the cure affidavit, he or she may, at any~~

2907 ~~time before the ballot is removed from the envelope, file with~~

2908 ~~the canvassing board a protest against the canvass of that~~

2909 ~~ballot, specifying the precinct, the voter's certificate or the~~

2910 ~~cure affidavit, and the reason he or she believes the ballot to~~

2911 ~~be illegal. A challenge based upon a defect in the voter's~~

2912 ~~certificate or cure affidavit may not be accepted after the~~

2913 ~~ballot has been removed from the mailing envelope.~~

2914 5. If the canvassing board determines that a ballot is

2915 invalid ~~illegal,~~ a member of the board must, without opening the

2916 envelope, mark across the face of the envelope: "rejected as

2917 invalid ~~illegal."~~ The cure affidavit, if applicable, the

2918 envelope, and the ballot therein must ~~shall~~ be preserved in the

2919 manner that official ballots are preserved.

2920 (4)(a) As soon as practicable, the supervisor shall, on

2921 behalf of the county canvassing board, attempt to notify an

2922 elector who has returned a vote-by-mail ballot that does not

2923 include the elector's signature or last four digits of the

2924 elector's social security number or contains a signature or the

2925 last four digits of a social security number that do ~~does~~ not

2926 match the elector's signature or last four digits of the

2927 elector's social security number in the registration books or

2928 precinct register by:

2929 1. Notifying the elector of the signature or last four

2930 digits of the social security number deficiency by e-mail and

2931 directing the elector to the cure affidavit and instructions on

2932 the supervisor's website;

2933 2. Notifying the elector of the signature or last four

2934 digits of the social security number deficiency by text message

2935 and directing the elector to the cure affidavit and instructions

2936 on the supervisor's website; or

2937 3. Notifying the elector of the signature or last four

2938 digits of the social security number deficiency by telephone and

2939 directing the elector to the cure affidavit and instructions on

2940 the supervisor's website.

2942 In addition to the notification required under subparagraph 1.,

2943 subparagraph 2., or subparagraph 3., the supervisor must notify

2944 the elector of the signature or last four digits of the social

2945 security number deficiency by first-class mail and direct the

2946 elector to the cure affidavit and instructions on the

2947 supervisor's website. Beginning the day before the election, the

2948 supervisor is not required to provide notice of the signature

2949 deficiency by first-class mail, but shall continue to provide

2950 notice as required under subparagraph 1., subparagraph 2., or

2951 subparagraph 3.

2952 (c) The elector must complete a cure affidavit in

2953 substantially the following form:

2955 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT

2957 I, ...., am a qualified voter in this election and

2958 registered voter of .... County, Florida. I do solemnly swear or

2959 affirm that I requested and returned the vote-by-mail ballot and

2960 that I have not and will not vote more than one ballot in this

2961 election. I understand that if I commit or attempt any fraud in

2962 connection with voting, vote a fraudulent ballot, or vote more

2963 than once in an election, I may be convicted of a felony of the

2964 third degree and fined up to $5,000 and imprisoned for up to 5

2965 years. I understand that my failure to sign this affidavit means

2966 that my vote-by-mail ballot will be invalidated.

2968 ...(Voter's Signature or Last Four Digits of Social Security

2969 Number)...

2970 ...(Address)...

2972 (d) Instructions must accompany the cure affidavit in

2973 substantially the following form:

2975 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE

2976 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR

2977 BALLOT NOT TO COUNT.

2979 1. In order to ensure that your vote-by-mail ballot will

2980 be counted, your affidavit should be completed and returned as

2981 soon as possible so that it can reach the supervisor of

2982 elections of the county in which your precinct is located no

2983 later than 5 p.m. on the 2nd day after the election.

2984 2. You must sign your name or print the last four digits

2985 of your social security number on the line above (Voter's

2986 Signature or Last Four Digits of Social Security Number).

2987 3. You must make a copy of one of the following forms of

2988 identification:

2989 a. Tier 1 identification.—Current and valid identification

2990 that includes your name and photograph: Florida driver license;

2991 Florida identification card issued by the Department of Highway

2992 Safety and Motor Vehicles; United States passport; debit or

2993 credit card; military identification; student identification;

2994 retirement center identification; neighborhood association

2995 identification; public assistance identification; veteran health

2996 identification card issued by the United States Department of

2997 Veterans Affairs; a Florida license to carry a concealed weapon

2998 or firearm; or an employee identification card issued by any

2999 branch, department, agency, or entity of the Federal Government,

3000 the state, a county, or a municipality; or

3001 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1

3002 FORM OF IDENTIFICATION, identification that shows your name and

3003 current residence address: current utility bill, bank statement,

3004 government check, paycheck, or government document (excluding

3005 voter information card).

3006 4. Place the envelope bearing the affidavit into a mailing

3007 envelope addressed to the supervisor. Insert a copy of your

3008 identification in the mailing envelope. Mail (if time permits),

3009 deliver, or have delivered the completed affidavit along with

3010 the copy of your identification to your county supervisor of

3011 elections. Be sure there is sufficient postage if mailed and

3012 that the supervisor's address is correct. Remember, your

3013 information MUST reach your county supervisor of elections no

3014 later than 5 p.m. on the 2nd day after the election, or your

3015 ballot will not count.

3016 5. Alternatively, you may hand deliver, fax, or e-mail

3017 your completed affidavit and a copy of your identification to

3018 the supervisor of elections. If e-mailing, please provide these

3019 documents as attachments.

3020 Section 30. Section 101.69, Florida Statutes, is amended

3021 to read:

3022 101.69 Voting in person; return of vote-by-mail ballot.—

3023 (1) The provisions of this code may ~~shall~~ not be construed

3024 to prohibit any voter ~~elector~~ from voting in person at the

3025 voter's ~~elector's~~ precinct on the day of an election or at an

3026 early voting site, notwithstanding that the voter ~~elector~~ has

3027 requested a vote-by-mail ballot for that election. A voter An

3028 ~~elector~~ who has returned a voted vote-by-mail ballot to the

3029 supervisor, however, is deemed to have cast his or her ballot

3030 and is not entitled to vote another ballot or to have a

3031 provisional ballot counted by the county canvassing board. A

3032 voter ~~An elector~~ who has received a vote-by-mail ballot and has

3033 not returned the voted ballot to the supervisor, but desires to

3034 vote in person, shall return the ballot, whether voted or not,

3035 to the election board in the voter's ~~elector's~~ precinct or to an

3036 early voting site. The returned ballot must ~~shall~~ be marked

3037 "canceled" by the board and placed with other canceled ballots.

3038 However, if the voter ~~elector~~ does not return the ballot and the

3039 election official:

3040 (a) Confirms that the supervisor has received the voter's

3041 ~~elector's~~ vote-by-mail ballot, the voter may ~~elector shall~~ not

3042 be allowed to vote in person. If the voter ~~elector~~ maintains

3043 that he or she has not returned the vote-by-mail ballot or

3044 remains eligible to vote, the voter must ~~elector shall~~ be

3045 provided a provisional ballot as provided in s. 101.048.

3046 (b) Confirms that the supervisor has not received the

3047 voter's ~~elector's~~ vote-by-mail ballot, the voter must ~~elector~~

3048 ~~shall~~ be allowed to vote in person as provided in this code. The

3049 voter's ~~elector's~~ vote-by-mail ballot, if subsequently received,

3050 may ~~shall~~ not be counted and must ~~shall~~ remain in the mailing

3051 envelope, and the envelope must ~~shall~~ be marked "Rejected as

3052 Illegal."

3053 (c) Cannot determine whether the supervisor has received

3054 the voter's ~~elector's~~ vote-by-mail ballot, the voter ~~elector~~ may

3055 vote a provisional ballot as provided in s. 101.048.

3056 (2)(a) The supervisor shall allow a voter ~~an elector~~ who

3057 has received a vote-by-mail ballot to physically return a voted

3058 vote-by-mail ballot to the supervisor by placing the return mail

3059 envelope containing his or her marked ballot in a secure ballot

3060 intake station. Secure ballot intake stations must ~~shall~~ be

3061 placed at the main office of the supervisor, at each permanent

3062 branch office of the supervisor which meets the criteria set

3063 forth in s. 101.657(1)(a) for branch offices used for early

3064 voting and which is open for at least the minimum number of

3065 hours prescribed by s. 98.015(4), and at each early voting site.

3066 Secure ballot intake stations may also be placed at any other

3067 site that would otherwise qualify as an early voting site under

3068 s. 101.657(1). Secure ballot intake stations must be

3069 geographically located so as to provide all voters in the county

3070 with an equal opportunity to cast a ballot, insofar as is

3071 practicable. ~~Except for secure ballot intake stations at an~~

3072 ~~office of the supervisor, a secure ballot intake station may~~

3073 ~~only be used during the county's early voting hours of operation~~

3074 ~~and must be monitored in person by an employee of the~~

3075 ~~supervisor's office.~~ A secure ballot intake station at an office

3076 of the supervisor must be ~~continuously~~ monitored ~~in person~~ by an

3077 ~~employee of~~ the supervisor's office when the secure ballot

3078 intake station is accessible for deposit of ballots.

3079 (b) A supervisor shall designate each secure ballot intake

3080 station location at least 30 days before an election. The

3081 supervisor shall provide the address of each secure ballot

3082 intake station location to the division at least 30 days before

3083 an election. After a secure ballot intake station location has

3084 been designated, it may not be moved or changed except as

3085 approved by the division to correct a violation of this

3086 subsection.

3087 (c)1. On each day of early voting, all secure ballot

3088 intake stations must be emptied at the end of early voting hours

3089 and all ballots retrieved from the secure ballot intake stations

3090 must be returned to the supervisor's office.

3091 2. For secure ballot intake stations located at an office

3092 of the supervisor, all ballots must be retrieved before the

3093 secure ballot intake station is no longer monitored by an

3094 ~~employee of~~ the supervisor.

3095 3. Employees of the supervisor must comply with procedures

3096 for the chain of custody of ballots as required by s.

3097 101.015(4).

3098 ~~(3) If any secure ballot intake station is left accessible~~

3099 ~~for ballot receipt other than as authorized by this section, the~~

3100 ~~supervisor is subject to a civil penalty of $25,000. The~~

3101 ~~division is authorized to enforce this provision.~~

3102 Section 31. Section 104.0616, Florida Statutes, is

3103 repealed.

3104 Section 32. Subsection (1) of section 104.155, Florida Statutes, is amended to read:

3106 104.155 Unqualified noncitizen electors willfully voting;

3107 prohibited defenses; aiding or soliciting noncitizen electors in

3108 voting prohibited.—

3109 (1) Any person who is not a qualified elector because he

3110 or she is not a citizen of the United States and who willfully

3111 votes in any election is guilty of a felony of the third degree,

3112 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3113 ~~A person's ignorance of his or her citizenship status or a~~

3114 ~~person's bona fide belief of his or her citizenship status~~

3115 ~~cannot be raised as a defense in a prosecution for a violation~~

3116 ~~of this subsection.~~

3117 Section 33. Subsection (1) of section 104.42, Florida

3118 Statutes, is amended to read:

3119 104.42 Fraudulent registration and illegal voting;

3120 investigation.—

3121 (1) The supervisor of elections is authorized to

3122 investigate fraudulent registrations and illegal voting and to

3123 report his or her findings to the local state attorney ~~and the~~

3124 ~~Office of Election Crimes and Security.~~

3125 Section 34. Paragraph (a) of subsection (3) of section

3126 921.0022, Florida Statutes, is amended to read:

3127 921.0022 Criminal Punishment Code; offense severity

3128 ranking chart.—

3129 (3) OFFENSE SEVERITY RANKING CHART

3130 (a) LEVEL 1 Florida Felony Statute Degree Description 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. ~~104.0616(2) 3rd Unlawfully distributing,~~ ~~ordering, requesting,~~ ~~collecting, delivering, or~~ ~~possessing vote-by-mail~~ ~~ballots.~~ 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000. 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 322.212 3rd Possession of forged, stolen, (1)(a)-(c) counterfeit, or unlawfully issued driver license; possession of simulated identification. 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 322.212(5)(a) 3rd False application for driver license or identification card. 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more. 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more. 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data). 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 826.01 3rd Bigamy. 828.122(3) 3rd Fighting or baiting animals. 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 832.05(2)(b) & 3rd Knowing, making, (4)(c) issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. 838.15(2) 3rd Commercial bribe receiving. 838.16 3rd Commercial bribery. 843.18 3rd Fleeing by boat to elude a law enforcement officer. 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. 849.23 3rd Gambling-related machines; "common offender" as to property rights. 849.25(2) 3rd Engaging in bookmaking. 860.08 3rd Interfere with a railroad signal. 860.13(1)(a) 3rd Operate aircraft while under the influence. 893.13(2)(a)2. 3rd Purchase of cannabis. 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.

3171 Section 35. Except as otherwise expressly provided in this

3172 act and except for this section, which shall take effect upon

3173 this act becoming a law, this act shall take effect July 1,

3174 2026.