SB 1598 full text · Session Watch

Florida Senate - 2026 SB 1598 By Senator Bracy Davis 15-00639A-26 20261598__

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) of

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

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

472 State.

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

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

475 general election at which the Governor, Lieutenant Governor, and

476 Cabinet officers are elected, as provided in s. 5, Art. IV of

477 the State Constitution, and shall serve a term of 4 years

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

479 of the year following such election ~~appointed by the Governor,~~

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

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

482 the functions conferred by the State Constitution upon the

483 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 Corrections,

513 the clerks of the circuit court, the county comptrollers, and

514 the Board of Executive Clemency shall provide to the commission

515 on a monthly basis any information required under paragraph (a).

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

517 the Florida Digital Service, shall provide any technical

518 assistance necessary for the commission to develop and maintain

519 the database. The Department of Management Services may adopt

520 rules governing the provision of such assistance.

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

522 available on a public website. The commission shall update the

523 database monthly with the information received from each

524 governmental entity under paragraph (b). The commission shall

525 publish on the website clear instructions that a person who has

526 been disqualified from voting based on a felony conviction,

527 other than for murder or a felony sexual offense, may follow to

528 have his or her voting rights restored and to register to vote.

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

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

531 and the Speaker of the House of Representatives which includes

532 all of the following:

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

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

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

536 2. A description of any infrastructure and services,

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

538 information technology services, which may be necessary to

539 create and maintain the database.

540 3. The anticipated number of additional employees necessary

541 for:

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

543 b. A governmental entity to provide the information

544 required under paragraph (b).

545 c. The Florida Digital Service to provide the assistance

546 required under paragraph (c).

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

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

549 appropriation required to fund the anticipated costs incurred by

550 the commission, each governmental entity, and the Florida

551 Digital Service.

552 5. Any legal authority necessary for the commission to

553 develop and maintain the database.

554 6. Draft legislation to implement the comprehensive plan.

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

556 to vote or who votes in reasonable reliance on information

557 contained in the database indicating that his or her voting

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

559 Constitution has an affirmative right to register and to vote

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

561 this state related to fraudulently voting or registering to

562 vote.

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

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

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

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

567 individual’s supervisor of elections shall, as soon as

568 practicable, complete the necessary steps to automatically

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

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

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

572 98.0751 to have his or her voting rights restored pursuant to s.

573 4, Art. VI of the State Constitution, but was not registered to

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

575 the individual’s supervisor of elections shall send by United

576 States mail to the individual’s most current address information

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

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

579 statewide database.

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

581 voter registration deadline for that election, information on

582 the statewide database must be updated weekly rather than

583 monthly.

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

585 subsection.

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

587 read:

588 97.021 Definitions.—For the purposes of this code, except

589 where the context clearly indicates otherwise, the term:

590 (1) “Absent elector” means any registered and qualified

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

592 (2) “Absent uniformed services voter” means:

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

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

595 residence where the member is otherwise qualified to vote;

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

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

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

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

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

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

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

603 (3) “Address of legal residence” means the legal

604 residential address of the elector and includes all information

605 necessary to differentiate one residence from another,

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

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

608 (4) “Alternative formats” has the meaning ascribed in the

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

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

611 assistance manuals promulgated thereunder, as amended.

612 (5) “Automatic tabulating equipment” means an apparatus

613 that automatically examines, counts, and records votes.

614 (6) “Ballot” or “official ballot” when used in reference

615 to:

616 (a) “Electronic or electromechanical devices” means a

617 ballot that is voted by the process of electronically

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

619 device for tabulation by automatic tabulating equipment or data

620 processing equipment.

621 (b) “Marksense ballots” means that printed sheet of paper,

622 used in conjunction with an electronic or electromechanical vote

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

624 a statement of proposed constitutional amendments or other

625 questions or propositions submitted to the electorate at any

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

627 vote.

628 (7) “Candidate” means any person to whom any one or more of

629 the following applies:

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

631 election by means of the petitioning process.

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

633 write-in candidate.

634 (c) Any person who receives contributions or makes

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

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

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

638 retention in, public office.

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

640 primary depository.

641 (e) Any person who files qualification papers and

642 subscribes to a candidate’s oath as required by law.

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

645 political party executive committee.

646 (8) “Database and institute” means the Florida Voting and

647 Elections Database and Institute.

648 (9) “Department” means the Department of State.

649 (10) ~~(9)~~ “Division” means the Division of Elections of the

650 Department of State.

651 (11) ~~(10)~~ “Early voting” means casting a ballot prior to

652 election day at a location designated by the supervisor of

653 elections and depositing the voted ballot in the tabulation

654 system.

655 (12) ~~(11)~~ “Early voting area” means the area designated by

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

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

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

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

660 ballots.

661 (13) ~~(12)~~ “Early voting site” means those locations

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

663 occurs.

664 (14) ~~(13)~~ “Election” means any primary election, special

665 primary election, special election, general election, county

666 election, municipal election, referendum, or presidential

667 preference primary election , or any other local or state

668 election .

669 (15) ~~(14)~~ “Election board” means the clerk and inspectors

670 appointed to conduct an election.

671 (16) ~~(15)~~ “Election costs” shall include, but not be limited

672 to, expenditures for all paper supplies such as envelopes,

673 instructions to voters, affidavits, reports, ballot cards,

674 ballot booklets for vote-by-mail voters, postage, notices to

675 voters; advertisements for registration book closings, testing

676 of voting equipment, sample ballots, and polling places; forms

677 used to qualify candidates; polling site rental and equipment

678 delivery and pickup; data processing time and supplies; election

679 records retention; and labor costs, including those costs

680 uniquely associated with vote-by-mail ballot preparation, poll

681 workers, and election night canvass.

682 (17) “Election policy or practice” includes any

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

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

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

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

687 or the administration or schedule of elections.

688 (18) ~~(16)~~ “Elector” is synonymous with the word “voter” or

689 “qualified elector or voter,” except where the word is used to

690 describe presidential electors.

691 (19) “Federal Voting Rights Act” means the federal Voting

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

693 (20) “FLVRA Commission” means the Florida Voting Rights Act

694 Commission.

695 (21) ~~(17)~~ “General election” means an election held on the

696 first Tuesday after the first Monday in November in the even

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

698 county, and district offices and for voting on constitutional

699 amendments not otherwise provided for by law.

700 (22) “Government enforcement action” means any denial of

701 administrative or judicial preclearance by the state or the

702 Federal Government; pending litigation filed by a state or

703 federal entity; or final judgment or adjudication, consent

704 decree, or other similar formal action.

705 (23) “Legislative body” means the commission, council,

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

707 local government.

708 (24) ~~(18)~~ “Lists of registered electors” means names and

709 associated information of registered electors maintained by the

710 department in the statewide voter registration system or

711 generated or derived from the statewide voter registration

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

713 (25) “Local government” means any county, municipality,

714 school district, special district, supervisor of elections or

715 other governmental entity that administers elections, or any

716 other political subdivision in this state in which elections are

717 conducted.

718 (26) ~~(19)~~ “Member of the Merchant Marine” means an

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

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

721 for the inland waterways, who is:

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

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

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

725 charter to or control of the United States; or

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

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

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

729 vessel.

730 (27) “Method of election” means the method by which

731 candidates are elected to a governmental body of a local

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

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

734 or redistricting plan used to elect candidates to the

735 governmental body. Methods of election include:

736 (a) “At-large method of election” means a method of

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

738 local government’s jurisdiction, voters are allowed or required

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

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

741 (b) “District-based method of election” means a method of

742 election in which the local government is divided into

743 districts, each district is represented by a single

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

745 residing in his or her district.

746 (c) “Other method of election” means a method of election

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

748 election, or any combination of methods of election.

749 (d) “Share-based method of election” means a method of

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

751 different groups of voters may each elect their preferred

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

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

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

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

756 (28) ~~(20)~~ “Minor political party” is any group as specified

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

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

759 registered electors of the state.

760 (29) ~~(21)~~ “Newspaper of general circulation” means a

761 newspaper printed in the language most commonly spoken in the

762 area within which it circulates and which is readily available

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

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

765 particular professional or occupational group, a newspaper the

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

767 newspaper that is given away primarily to distribute

768 advertising.

769 (30) ~~(22)~~ “Nominal value” means having a retail value of $10

770 or less.

771 (31) ~~(23)~~ “Nonpartisan office” means an office for which a

772 candidate is prohibited from campaigning or qualifying for

773 election or retention in office based on party affiliation.

774 (32) ~~(24)~~ “Office that serves persons with disabilities”

775 means any state office that takes applications either in person

776 or over the telephone from persons with disabilities for any

777 program, service, or benefit primarily related to their

778 disabilities.

779 (33) “Organization” means a person other than an

780 individual.

781 (34) ~~(25)~~ “Overseas voter” means:

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

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

784 date of the election involved;

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

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

787 domiciled before leaving the United States; or

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

789 for such residence, would be qualified to vote in the last place

790 in which the person was domiciled before leaving the United

791 States.

792 (35) ~~(26)~~ “Overvote” means that the elector marks or

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

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

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

796 (36) ~~(27)~~ “Persons with disabilities” means individuals who

797 have a physical or mental impairment that substantially limits

798 one or more major life activities.

799 (37) ~~(28)~~ “Petition circulator” means an entity or

800 individual who collects signatures for the purpose of qualifying

801 a proposed constitutional amendment for ballot placement. The

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

803 otherwise physically possesses no more than 25 signed petition

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

805 signed petition form belonging to the person’s spouse, or the

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

807 or the person’s spouse.

808 (38) ~~(29)~~ “Polling place” is the building which contains the

809 polling room where ballots are cast.

810 (39) ~~(30)~~ “Polling room” means the actual room in which

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

812 (40) ~~(31)~~ “Primary election” means an election held

813 preceding the general election for the purpose of nominating a

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

815 national, state, county, or district office.

816 (41) “Protected class” means a class of citizens who are

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

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

819 amended, provided that any subsequent amendment applies only to

820 the extent that it affords greater protection.

821 (a) For the purposes of this subsection, the term “language

822 minority group” means a group based on the best available data

823 that may include information from the United States Census

824 Bureau American Community Survey or data of comparable quality

825 collected by a governmental entity:

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

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

828 English and are limited English proficient individuals; or

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

830 jurisdiction who speak a language other than English and are

831 limited English proficient individuals.

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

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

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

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

836 protected class to participate equally in the political process.

837 (42) ~~(32)~~ “Provisional ballot” means a conditional ballot,

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

839 (43) ~~(33)~~ “Public assistance” means assistance provided

840 through the food assistance program under the federal

841 Supplemental Nutrition Assistance Program; the Medicaid program;

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

843 Children; and the Temporary Cash Assistance Program.

844 (44) ~~(34)~~ “Public office” means any federal, state, county,

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

846 filled by vote of the electors.

847 (45) ~~(35)~~ “Qualifying educational institution” means any

848 public or private educational institution receiving state

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

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

851 18 years of age, provided such institution has more than 200

852 students enrolled in classes with the institution and provided

853 that the recognized student government organization has

854 requested this designation in writing and has filed the request

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

856 which the institution is located.

857 (46) “Racially polarized voting” means voting in which the

858 candidate or electoral choice preferred by protected class

859 members diverges from the candidate or electoral choice

860 preferred by voters who are not protected class members.

861 (47) ~~(36)~~ “Special election” is a special election called

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

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

864 (48) ~~(37)~~ “Special primary election” is a special nomination

865 election designated by the Governor, called for the purpose of

866 nominating a party nominee to be voted on in a general or

867 special election.

868 (49) ~~(38)~~ “Supervisor” means the supervisor of elections.

869 (50) ~~(39)~~ “Tactile input device” means a device that

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

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

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

873 (51) ~~(40)~~ “Third-party registration organization” means any

874 person, entity, or organization soliciting or collecting voter

875 registration applications. A third-party voter registration

876 organization does not include:

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

878 voter registration applications from that person’s spouse,

879 child, or parent; or

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

881 voter registration applications as an employee or agent of the

882 division, supervisor of elections, Department of Highway Safety

883 and Motor Vehicles, or a voter registration agency.

884 (52) ~~(41)~~ “Undervote” means that the elector does not

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

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

887 (53) ~~(42)~~ “Uniformed services” means the Army, Navy, Air

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

889 commissioned corps of the Public Health Service, and the

890 commissioned corps of the National Oceanic and Atmospheric

891 Administration.

892 (54) “Vote” or “voting” includes any action necessary to

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

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

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

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

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

898 properly and included in the appropriate totals of votes cast

899 with respect to candidates for election or nomination and to

900 referendum questions.

901 (55) ~~(43)~~ “Voter interface device” means any device that

902 communicates voting instructions and ballot information to a

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

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

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

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

907 output after the voter interface device process has been

908 completed.

909 (56) ~~(44)~~ “Voter registration agency” means any office that

910 provides public assistance, any office that serves persons with

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

912 library.

913 (57) ~~(45)~~ “Voter registration official” means any supervisor

914 of elections or individual authorized by the Secretary of State

915 to accept voter registration applications and execute updates to

916 the statewide voter registration system.

917 (58) ~~(46)~~ “Voting booth” or “booth” means that booth or

918 enclosure wherein an elector casts his or her ballot for

919 tabulation by an electronic or electromechanical device.

920 (59) ~~(47)~~ “Voting system” means a method of casting and

921 processing votes that functions wholly or partly by use of

922 electromechanical or electronic apparatus or by use of marksense

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

924 casting and processing votes and the programs, operating

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

926 the system’s operation.

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

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

930 relevant case law, including, but not limited to, “political

931 process” and “prerequisite to voting,” must be construed in a

932 manner consistent with such usage and interpretation.

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

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

935 Section 6. Section 97.0556, Florida Statutes, is created to

936 read:

937 97.0556 Same-day voter registration.—A person who meets the

938 qualifications specified in s. 97.041 to register to vote for

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

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

941 97.052 for the uniform statewide voter registration application,

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

943 place and immediately thereafter cast a ballot.

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

945 read:

946 97.057 Voter registration by the Department of Highway

947 Safety and Motor Vehicles.—

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

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

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

951 update a voter registration record when submitted to the

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

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

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

955 a driver license;

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

957 an identification card pursuant to chapter 322; or

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

959 existing driver license or identification card.

960 (b) Unless the applicant declines to register or

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

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

963 identification card application for voter registration purposes.

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

965 identification card must include a voter registration component.

966 The voter registration component must be approved by the

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

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

969 duplicate voter registrations and to preserve the ability of the

970 department and supervisors of elections to assess the

971 eligibility of the applicant and administer voter registration

972 and other provisions of this code.

973 (b) A statement setting forth voter eligibility

974 requirements.

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

976 use of his or her signature from the applicant’s driver license

977 or identification card application for voter registration

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

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

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

981 have sworn and affirmed that the voter registration information

982 contained in the application is true under penalty for false

983 swearing pursuant to s. 104.011.

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

985 a party affiliation. An applicant who is initially registering

986 to vote and does not exercise such option must be sent a notice

987 by the supervisor of elections in accordance with s.

988 97.053(5)(b).

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

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

991 Highway Safety and Motor Vehicles shall note any such

992 declination in its records and forward the declination to the

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

994 registration purposes and is confidential and exempt from public

995 records requirements as provided in s. 97.0585.

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

997 shall:

998 (a) Develop a voter registration component for applications

999 which meets the requirements set forth in subsection (2).

1000 (b) Electronically transmit the voter registration

1001 component of an applicant’s driver license or identification

1002 card application to the Department of State within 24 hours

1003 after receipt. Upon receipt of the voter registration component,

1004 the Department of State shall provide the information to the

1005 supervisor of the county in which the applicant is registering

1006 or preregistering to vote or updating his or her voter

1007 registration record.

1008 ~~(2) The Department of Highway Safety and Motor Vehicles~~

1009 ~~shall:~~

1010 ~~(a) Notify each individual, orally or in writing, that:~~

1011 ~~1. Information gathered for the completion of a driver~~

1012 ~~license or identification card application, renewal, or change~~

1013 ~~of address can be automatically transferred to a voter~~

1014 ~~registration application;~~

1015 ~~2. If additional information and a signature are provided,~~

1016 ~~the voter registration application will be completed and sent to~~

1017 ~~the proper election authority;~~

1018 ~~3. Information provided can also be used to update a voter~~

1019 ~~registration record, except that party affiliation will not be~~

1020 ~~changed unless the individual designates a change in party~~

1021 ~~affiliation and separately consents to such change in writing;~~

1022 ~~4. All declinations will remain confidential and may be~~

1023 ~~used only for voter registration purposes; and~~

1024 ~~5. The particular driver license office in which the person~~

1025 ~~applies to register to vote or updates a voter registration~~

1026 ~~record will remain confidential and may be used only for voter~~

1027 ~~registration purposes.~~

1028 ~~(b) Require a driver license examiner to inquire orally or,~~

1029 ~~if the applicant is hearing impaired, inquire in writing whether~~

1030 ~~the applicant wishes to register to vote or update a voter~~

1031 ~~registration record during the completion of a driver license or~~

1032 ~~identification card application, renewal, or change of address.~~

1033 ~~1. If the applicant chooses to register to vote or to~~

1034 ~~update a voter registration record:~~

1035 ~~a. All applicable information received by the Department of~~

1036 ~~Highway Safety and Motor Vehicles in the course of filling out~~

1037 ~~the forms necessary under subsection (1) must be transferred to~~

1038 ~~a voter registration application.~~

1039 ~~b. The additional necessary information must be obtained by~~

1040 ~~the driver license examiner and must not duplicate any~~

1041 ~~information already obtained while completing the forms required~~

1042 ~~under subsection (1).~~

1043 ~~c. A voter registration application with all of the~~

1044 ~~applicant’s voter registration information required to establish~~

1045 ~~the applicant’s eligibility pursuant to s. 97.041 must be~~

1046 ~~presented to the applicant to review and verify the voter~~

1047 ~~registration information received and provide an electronic~~

1048 ~~signature affirming the accuracy of the information provided.~~

1049 ~~d. The voter registration application may not be used to~~

1050 ~~change the party affiliation of the applicant unless the~~

1051 ~~applicant designates a change in party affiliation and provides~~

1052 ~~a separate signature consenting to the party affiliation change.~~

1053 ~~e. After verifying the voter registration information and~~

1054 ~~providing his or her electronic signature, the applicant must be~~

1055 ~~provided with a printed receipt that includes such information~~

1056 ~~and documents any change in party affiliation.~~

1057 ~~2. If the applicant declines to register to vote, update~~

1058 ~~the applicant’s voter registration record, or change the~~

1059 ~~applicant’s address by either orally declining or by failing to~~

1060 ~~sign the voter registration application, the Department of~~

1061 ~~Highway Safety and Motor Vehicles must note such declination on~~

1062 ~~its records and shall forward the declination to the statewide~~

1063 ~~voter registration system.~~

1064 ~~(3) For the purpose of this section, the Department of~~

1065 ~~Highway Safety and Motor Vehicles, with the approval of the~~

1066 ~~Department of State, shall prescribe:~~

1067 ~~(a) A voter registration application that is the same in~~

1068 ~~content, format, and size as the uniform statewide voter~~

1069 ~~registration application prescribed under s. 97.052; and~~

1070 ~~(b) A form that will inform applicants under subsection (1)~~

1071 ~~of the information contained in paragraph (2)(a).~~

1072 ~~(4) The Department of Highway Safety and Motor Vehicles~~

1073 ~~must electronically transmit completed voter registration~~

1074 ~~applications within 24 hours after receipt to the statewide~~

1075 ~~voter registration system. Completed paper voter registration~~

1076 ~~applications received by the Department of Highway Safety and~~

1077 ~~Motor Vehicles shall be forwarded within 5 days after receipt to~~

1078 ~~the supervisor of the county where the office that processed or~~

1079 ~~received that application is located.~~

1080 ~~(5) The Department of Highway Safety and Motor Vehicles~~

1081 ~~must send, with each driver license renewal extension~~

1082 ~~application authorized pursuant to s. 322.18(8), a uniform~~

1083 ~~statewide voter registration application, the voter registration~~

1084 ~~application prescribed under paragraph (3)(a), or a voter~~

1085 ~~registration application developed especially for the purposes~~

1086 ~~of this subsection by the Department of Highway Safety and Motor~~

1087 ~~Vehicles, with the approval of the Department of State, which~~

1088 ~~must meet the requirements of s. 97.052.~~

1089 (4) ~~(6)~~ A person providing voter registration services for a

1090 driver license office may not:

1091 (a) ~~Make any change to an applicant’s party affiliation~~

1092 ~~unless the applicant provides a separate signature consenting to~~

1093 ~~the party affiliation change or discuss or~~ Seek to influence an

1094 applicant’s political preference or party registration;

1095 (b) Display any political preference or party allegiance;

1096 (c) Make any statement to an applicant or take any action

1097 the purpose or effect of which is to discourage the applicant

1098 from registering to vote; or

1099 (d) Disclose any applicant’s voter registration information

1100 except as needed for the administration of voter registration.

1101 (5) ~~(7)~~ The Department of Highway Safety and Motor Vehicles

1102 shall collect data determined necessary by the Department of

1103 State for program evaluation and reporting to the Election

1104 Assistance Commission pursuant to federal law.

1105 (6) ~~(8)~~ The Department of Highway Safety and Motor Vehicles

1106 shall ~~must~~ ensure that all voter registration services provided

1107 by driver license offices are in compliance with all state and

1108 federal laws ~~the Voting Rights Act of 1965~~ .

1109 (7) ~~(9)~~ The Department of Highway Safety and Motor Vehicles

1110 shall retain complete records of voter registration information

1111 received, processed, and submitted to the Department of State

1112 ~~statewide voter registration system~~ by the Department of Highway

1113 Safety and Motor Vehicles. The retention of such ~~These~~ records

1114 is ~~shall be~~ for the explicit purpose of supporting audit and

1115 accounting controls established to ensure accurate and complete

1116 electronic transmission of records between the Department of

1117 State ~~statewide voter registration system~~ and the Department of

1118 Highway Safety and Motor Vehicles.

1119 (8) ~~(10)~~ The Department of State shall provide the

1120 Department of Highway Safety and Motor Vehicles with an

1121 electronic database of street addresses valid for use as the

1122 address of legal residence as required in s. 97.053(5). The

1123 Department of Highway Safety and Motor Vehicles shall compare

1124 the address provided by the applicant against the database of

1125 valid street addresses. If the address provided by the applicant

1126 does not match a valid street address in the database, the

1127 applicant will be asked to verify the address provided. The

1128 Department of Highway Safety and Motor Vehicles may ~~shall~~ not

1129 reject any application for voter registration for which a valid

1130 match cannot be made.

1131 (9) ~~(11)~~ The Department of Highway Safety and Motor Vehicles

1132 shall enter into an agreement with the Department of State to

1133 match information in the statewide voter registration system

1134 with information in the database of the Department of Highway

1135 Safety and Motor Vehicles to the extent required to verify the

1136 accuracy of the driver license number, Florida identification

1137 number, or last four digits of the social security number

1138 provided on applications for voter registration as required in

1139 s. 97.053.

1140 (10) ~~(12)~~ The Department of Highway Safety and Motor

1141 Vehicles shall enter into an agreement with the Commissioner of

1142 Social Security as required by the Help America Vote Act of 2002

1143 to verify the last four digits of the social security number

1144 provided in applications for voter registration as required in

1145 s. 97.053.

1146 (11) ~~(13)~~ The Department of Highway Safety and Motor

1147 Vehicles shall ~~must~~ assist the Department of State in regularly

1148 identifying changes in residence address on the driver license

1149 or identification card of a voter. The Department of State shall

1150 ~~must~~ report each such change to the appropriate supervisor of

1151 elections who must change the voter’s registration records in

1152 accordance with s. 98.065(4).

1153 (12) The Department of Highway Safety and Motor Vehicles

1154 shall notify the Department of State as soon as practicable, but

1155 no later than 30 days, after any change to a voter’s driver

1156 license number or identification card number. The Department of

1157 State shall transmit each such change to the appropriate

1158 supervisor of elections, who shall update the voter’s

1159 registration records accordingly and provide notice of the

1160 change to the registrant by mail. Under no circumstances may a

1161 change to a voter’s driver license or identification card number

1162 be used as the sole basis to prevent an otherwise eligible

1163 citizen from casting his or her ballot.

1164 ~~(14) The Department of Highway Safety and Motor Vehicles~~

1165 ~~shall ensure that information technology processes and updates~~

1166 ~~do not alter an applicant’s party affiliation without the~~

1167 ~~written consent of the applicant.~~

1168 Section 8. Section 97.0575, Florida Statutes, is amended to

1169 read:

1170 97.0575 Third-party voter registration organizations.—

1171 (1) Before engaging in any voter registration activities, a

1172 third-party voter registration organization must register and

1173 provide to the division, in an electronic format, the following

1174 information:

1175 (a) The names of the officers of the organization and the

1176 name and permanent address of the organization.

1177 (b) The name and address of the organization’s registered

1178 agent in this ~~the~~ state.

1179 (c) The names, permanent addresses, and temporary

1180 addresses, if any, of each registration agent who registers

1181 ~~registering~~ persons to vote in this state for compensation on

1182 behalf of the organization. This paragraph does not apply to

1183 persons who only solicit applications and do not collect or

1184 handle voter registration applications.

1185 ~~(d) Beginning November 6, 2024, the specific general~~

1186 ~~election cycle for which the third-party voter registration~~

1187 ~~organization is registering persons to vote.~~

1188 ~~(e) An affirmation that each person collecting or handling~~

1189 ~~voter registration applications on behalf of the third-party~~

1190 ~~voter registration organization has not been convicted of a~~

1191 ~~felony violation of the Election Code, a felony violation of an~~

1192 ~~offense specified in s. 825.103, a felony offense specified in~~

1193 ~~s. 98.0751(2)(b) or (c), or a felony offense specified in~~

1194 ~~chapter 817, chapter 831, or chapter 837. A third-party voter~~

1195 ~~registration organization is liable for a fine in the amount of~~

1196 ~~$50,000 for each such person who has been convicted of a felony~~

1197 ~~violation of the Election Code, a felony violation of an offense~~

1198 ~~specified in s. 825.103, a felony offense specified in s.~~

1199 ~~98.0751(2)(b) or (c), or a felony offense specified in chapter~~

1200 ~~817, chapter 831, or chapter 837 who is collecting or handling~~

1201 ~~voter registration applications on behalf of the third-party~~

1202 ~~voter registration organization.~~

1203 ~~(f) An affirmation that each person collecting or handling~~

1204 ~~voter registration applications on behalf of the third-party~~

1205 ~~voter registration organization is a citizen of the United~~

1206 ~~States of America. A third-party voter registration organization~~

1207 ~~is liable for a fine in the amount of $50,000 for each such~~

1208 ~~person who is not a citizen and is collecting or handling voter~~

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

1210 ~~registration organization.~~

1211 (2) ~~Beginning November 6, 2024, the registration of a~~

1212 ~~third-party voter registration organization automatically~~

1213 ~~expires at the conclusion of the specific general election cycle~~

1214 ~~for which the third-party voter registration organization is~~

1215 ~~registered.~~

1216 ~~(3)~~ The division or the supervisor of elections shall make

1217 voter registration forms available to third-party voter

1218 registration organizations. All such forms must contain

1219 information identifying the organization to which the forms are

1220 provided. The division shall maintain a database of all third

1221 party voter registration organizations and the voter

1222 registration forms assigned to the third-party voter

1223 registration organization. Each supervisor of elections shall

1224 provide to the division information on voter registration forms

1225 assigned to and received from third-party voter registration

1226 organizations. The information must be provided in a format and

1227 at times as required by the division by rule. The division shall

1228 update information on third-party voter registrations daily and

1229 make the information publicly available.

1230 ~~(4) A third-party voter registration organization that~~

1231 ~~collects voter registration applications shall provide a receipt~~

1232 ~~to an applicant upon accepting possession of his or her~~

1233 ~~application. The division shall adopt by rule a uniform format~~

1234 ~~for the receipt by October 1, 2023. The format must include, but~~

1235 ~~need not be limited to, the name of the applicant, the date the~~

1236 ~~application is received, the name of the third-party voter~~

1237 ~~registration organization, the name of the registration agent,~~

1238 ~~the applicant’s political party affiliation, and the county in~~

1239 ~~which the applicant resides.~~

1240 (3)(a) ~~(5)(a)~~ A third-party voter registration organization

1241 that collects voter registration applications serves as a

1242 fiduciary to the applicant and shall ensure that any voter

1243 registration application entrusted to the organization,

1244 irrespective of party affiliation, race, ethnicity, or gender,

1245 is promptly delivered to the division or the supervisor of

1246 elections ~~in the county in which the applicant resides~~ within 14

1247 10 days after the application is completed by the applicant, but

1248 not after registration closes for the next ensuing election. If

1249 a voter registration application collected by any third-party

1250 voter registration organization is not promptly delivered to the

1251 division or supervisor of elections ~~in the county in which the~~

1252 ~~applicant resides~~ , the third-party voter registration

1253 organization is liable for the following fines:

1254 1. A fine in the amount of $50 ~~per each day late, up to~~

1255 ~~$2,500,~~ for each application received by the division or ~~the~~

1256 supervisor of elections ~~in the county in which the applicant~~

1257 ~~resides~~ more than 14 10 days after the applicant delivered the

1258 completed voter registration application to the third-party

1259 voter registration organization , if the organization or any

1260 person, entity, or agent acting on its behalf acted willfully . A

1261 ~~fine in the amount of $2,500 for each application received if~~

1262 ~~the third-party voter registration organization or person,~~

1263 ~~entity, or agency acting on its behalf acted willfully.~~

1264 2. A fine in the amount of $100 ~~per each day late, up to~~

1265 ~~$5,000,~~ for each application collected by a third-party voter

1266 registration organization , or any person, entity, or agent

1267 acting on its behalf, before book closing for any given election

1268 for federal or state office and received by the division or ~~the~~

1269 supervisor of elections ~~in the county in which the applicant~~

1270 ~~resides~~ after the book-closing deadline for such election. A

1271 ~~fine in the amount of $5,000 for each application received if~~

1272 ~~the third-party voter registration organization or any person,~~

1273 ~~entity, or agency acting on its behalf acted willfully.~~

1274 3. A fine in the amount of $500 for each application

1275 collected by a third-party voter registration organization , or

1276 any person, entity, or agent acting on its behalf, which is not

1277 submitted to the division or supervisor of elections ~~in the~~

1278 ~~county in which the applicant resides~~ . ~~A fine in the amount of~~

1279 ~~$5,000 for any application not submitted if the third-party~~

1280 ~~voter registration organization or person, entity, or agency~~

1281 ~~acting on its behalf acted willfully.~~

1283 The aggregate fine that ~~which~~ may be assessed pursuant to this

1284 paragraph against a third-party voter registration organization,

1285 including affiliate organizations, for violations committed in a

1286 calendar year is $1,000 ~~$250,000~~ .

1287 (b) A showing by the third-party voter registration

1288 organization that the failure to deliver the voter registration

1289 application within the required timeframe is based upon force

1290 majeure or impossibility of performance shall be an affirmative

1291 defense to a violation of this subsection. The secretary may

1292 waive the fines described in this subsection upon a showing that

1293 the failure to deliver the voter registration application

1294 promptly is based upon force majeure or impossibility of

1295 performance.

1296 (c) All fines collected under this section must be remitted

1297 by the department to the supervisor of elections of the county

1298 in which the violation occurred. The supervisor shall expend

1299 monies collected from such fines exclusively for nonpartisan

1300 voter participation initiatives and voter registration outreach,

1301 including voter education, community registration drives, and to

1302 offset costs associated with the prepayment of postage on vote

1303 by-mail return envelopes, provided that all vote-by-mail ballots

1304 for the election include prepaid postage.

1305 ~~(6) If a person collecting voter registration applications~~

1306 ~~on behalf of a third-party voter registration organization~~

1307 ~~alters the voter registration application of any other person,~~

1308 ~~without the other person’s knowledge and consent, in violation~~

1309 ~~of s. 104.012(4) and is subsequently convicted of such offense,~~

1310 ~~the applicable third-party voter registration organization is~~

1311 ~~liable for a fine in the amount of $5,000 for each application~~

1312 ~~altered.~~

1313 ~~(7) If a person collecting voter registration applications~~

1314 ~~on behalf of a third-party voter registration organization~~

1315 ~~copies a voter’s application or retains a voter’s personal~~

1316 ~~information, such as the voter’s Florida driver license number,~~

1317 ~~Florida identification card number, social security number, or~~

1318 ~~signature, for any reason other than to provide such application~~

1319 ~~or information to the third-party voter registration~~

1320 ~~organization in compliance with this section, the person commits~~

1321 ~~a felony of the third degree, punishable as provided in s.~~

1322 ~~775.082, s. 775.083, or s. 775.084.~~

1323 (4) ~~(8)~~ If the Secretary of State reasonably believes that a

1324 person has committed a violation of this section, the secretary

1325 may refer the matter to the Attorney General for enforcement.

1326 The Attorney General may institute a civil action for a

1327 violation of this section or to prevent a violation of this

1328 section. An action for relief may include a permanent or

1329 temporary injunction, a restraining order, or any other

1330 appropriate order.

1331 ~~(9) The division shall adopt by rule a form to elicit~~

1332 ~~specific information concerning the facts and circumstances from~~

1333 ~~a person who claims to have been registered to vote by a third~~

1334 ~~party voter registration organization but who does not appear as~~

1335 ~~an active voter on the voter registration rolls. The division~~

1336 ~~shall also adopt rules to ensure the integrity of the~~

1337 ~~registration process, including controls to ensure that all~~

1338 ~~completed forms are promptly delivered to the division or a~~

1339 ~~supervisor in the county in which the applicant resides.~~

1340 (5) ~~(10)~~ The date on which an applicant signs a voter

1341 registration application is presumed to be the date on which the

1342 third-party voter registration organization received or

1343 collected the voter registration application.

1344 ~~(11) A third-party voter registration organization may not~~

1345 ~~mail or otherwise provide a voter registration application upon~~

1346 ~~which any information about an applicant has been filled in~~

1347 ~~before it is provided to the applicant. A third-party voter~~

1348 ~~registration organization that violates this section is liable~~

1349 ~~for a fine in the amount of $50 for each such application.~~

1350 ~~(12) The requirements of this section are retroactive for~~

1351 ~~any third-party voter registration organization registered with~~

1352 ~~the department as of July 1, 2023, and must be complied with~~

1353 ~~within 90 days after the department provides notice to the~~

1354 ~~third-party voter registration organization of the requirements~~

1355 ~~contained in this section. Failure of the third-party voter~~

1356 ~~registration organization to comply with the requirements within~~

1357 ~~90 days after receipt of the notice shall automatically result~~

1358 ~~in the cancellation of the third-party voter registration~~

1359 ~~organization’s registration.~~

1360 Section 9. Part III of chapter 97, Florida Statutes,

1361 consisting of sections 97.21-97.28, Florida Statutes, is created

1362 and entitled “Florida Voting Rights Act.”

1363 Section 10. Section 97.21, Florida Statutes, is created to

1364 read:

1365 97.21 Prohibitions on voter suppression and vote dilution.—

1366 (1) PROHIBITING VOTER SUPPRESSION.—

1367 (a) A local government, state agency, or state official may

1368 not implement, impose, or enforce any election policy or

1369 practice, or take any other action or fail to take any action,

1370 which results in, will result in, or is intended to result in

1371 any of the following:

1372 1. A material disparity in voter participation, access to

1373 voting opportunities, or the opportunity or ability to

1374 participate in the political process between protected class

1375 members and other members of the electorate.

1376 2. Based on the totality of the circumstances, an

1377 impairment of the equal opportunity or ability of protected

1378 class members to participate in any stage of the political

1379 process.

1380 (b) It is not a violation of paragraph (a) if a local

1381 government, state agency, or state official demonstrates by

1382 clear and convincing evidence that:

1383 1. The election policy or practice is necessary, beyond

1384 consideration of administrative convenience, generalized cost

1385 savings, or speculative concerns, to further significantly an

1386 important and particularized governmental interest; and

1387 2. There is no reasonable alternative election policy or

1388 practice that results in a smaller disparity between protected

1389 class members and other members of the electorate.

1390 (c) Notwithstanding paragraph (b), a violation always

1391 exists under paragraph (a) if:

1392 1. The local government, state agency, or state official

1393 takes action intended to result in a material disparity; or

1394 2. The material disparity results from:

1395 a. The closure, relocation, or consolidation of, or failure

1396 to provide, one or more polling places, early voting sites, or

1397 secure ballot intake stations; or the reassignment of voters to

1398 precincts or polling places or of precincts to polling places;

1399 b. The local government’s selection of or change to the

1400 time or date of an election;

1401 c. The local government conducting elections on dates that

1402 do not align with federal or state elections;

1403 d. The date the local government selects for a special

1404 election, and there exists an alternate date in a reasonable

1405 timeframe in which the disparity would be materially less

1406 significant; or

1407 e. The failure to schedule a special election as soon as

1408 practicable, but in no event later than 14 days after the

1409 occurrence of the vacancy, if more than 12 months remain in the

1410 term of office and protected class members are generally able to

1411 elect candidates of their choice.

1412 (2) PROHIBITING VOTE DILUTION.—

1413 (a) A local government may not employ an at-large method of

1414 election, a district-based method of election, a share-based

1415 method of election, or any other method of election for any

1416 office which has the effect, will likely have the effect, or is

1417 motivated in part by the intent of diluting the vote of

1418 protected class members.

1419 (b) To establish a violation under paragraph (a), it must

1420 be established that:

1421 1.a. Elections in the local government exhibit racially

1422 polarized voting resulting in an impairment of the equal

1423 opportunity or ability of protected class members to nominate or

1424 elect candidates of their choice; or

1425 b. Based on the totality of the circumstances, the equal

1426 opportunity or ability of protected class members to nominate or

1427 elect candidates of their choice is impaired; and

1428 2. Another method of election or changes to the existing

1429 method of election which could be constitutionally adopted or

1430 ordered under s. 97.28 would likely mitigate the impairment. For

1431 the purpose of satisfying such requirement, it is not necessary

1432 for the total number or share of protected class members to

1433 exceed any numerical threshold in any district or in the local

1434 government as a whole.

1435 (3) GUIDELINES AND RELEVANT CIRCUMSTANCES FOR EVALUATING

1436 VOTER SUPPRESSION AND VOTE DILUTION.—

1437 (a)1. To evaluate the totality of circumstances under

1438 subparagraph (1)(a)2. or sub-subparagraph (2)(b)1.b., the

1439 following factors may be relevant:

1440 a. The history of discrimination;

1441 b. The extent to which the protected class members have

1442 been elected to office;

1443 c. The use of any election policy or practice that may

1444 enhance the dilutive effective of a method of election in the

1445 local government.

1446 d. The extent to which protected class members or

1447 candidates experienced any history of unequal access to

1448 election-administration or campaign finance processes that

1449 determine which candidates will receive access to the ballot or

1450 receive financial or other support in a given election for an

1451 office of the local government;

1452 e. The extent to which protected class members have

1453 historically made expenditures as defined in s. 106.011 at lower

1454 rates than other voters;

1455 f. The extent to which protected class members vote at

1456 lower rates than other voters;

1457 g. The extent to which protected class members are

1458 disadvantaged or otherwise bear the effects of public or private

1459 discrimination in areas that may hinder their ability to

1460 participate effectively in any stage of the political process,

1461 such as education, employment, health, criminal justice,

1462 housing, transportation, land use, or environmental protection;

1463 h. The use of overt or subtle racial appeals in political

1464 campaigns by governmental officials or in connection with the

1465 adoption or maintenance of the election policy or practice;

1466 i. The extent to which candidates face hostility or

1467 barriers while campaigning due to their membership in a

1468 protected class;

1469 j The lack of responsiveness by elected officials to the

1470 particular needs of protected class members or a community of

1471 protected class members;

1472 k. Whether the election policy or practice was designed to

1473 advance, and does materially advance, a valid and substantial

1474 state interest; and

1475 l. Other factors deemed relevant.

1476 2. A set number or combination of the factors in

1477 subparagraph 1. is not required to determine that a violation

1478 occurred.

1479 3. Evidence of these factors is most probative if it

1480 relates to the local government in which the alleged violation

1481 occurred, but still holds probative value if it relates to the

1482 geographic region in which the local government is located or to

1483 this state.

1484 (b) To determine whether elections in the local government

1485 exhibit racially polarized voting under sub-subparagraph

1486 (2)(b)1.a.:

1487 1. Racially polarized voting must be assessed based on

1488 relevant election results, which may include, but are not

1489 limited to, elections for offices of the local government;

1490 elections held by the local government for other offices, such

1491 as state or federal offices; ballot measures; and other

1492 electoral choices that bear on the rights and privileges of the

1493 protected class.

1494 a. A set number or combination of elections may not be

1495 required to establish the existence of racially polarized

1496 voting.

1497 b. Evidence of nonpolarized voting in elections for offices

1498 outside the local government may not preclude a finding of

1499 racially polarized voting based on elections for offices of the

1500 local government.

1501 c. Nonstatistical or nonquantitative evidence may not

1502 preclude a finding of racially polarized voting based on

1503 statistical or quantitative evidence.

1504 d. Low turnout or registration rates among protected class

1505 members may not preclude a finding of racially polarized voting.

1506 2. Racially polarized voting may be assessed based only on

1507 the combined electoral preferences of members of a protected

1508 class or classes. There is no requirement that the electoral

1509 preferences of each protected class or any subgroup within a

1510 protected class be separately polarized from those of other

1511 voters.

1512 3. The causes of or reasons for racially polarized voting,

1513 including partisan explanations or discriminatory intent, are

1514 not relevant.

1515 (c)1. If evaluating whether a violation of subsection (1)

1516 or subsection (2) is present, the following circumstances are

1517 never relevant to such a violation:

1518 a. The total number or share of protected class members on

1519 whom the election policy or practice does not impose a material

1520 burden;

1521 b. The degree to which the election policy or practice has

1522 a long pedigree or was in widespread use at some earlier date;

1523 c. The use of an identical or similar election policy or

1524 practice in other jurisdictions; and

1525 d. The availability of forms of voting unimpacted by the

1526 election policy or practice.

1527 2. A state interest in preventing voter fraud or bolstering

1528 voter confidence in the integrity of elections is not relevant

1529 to an evaluation of whether a violation of subsection (1) or

1530 subsection (2) occurred unless there is substantial evidence of

1531 a number of instances that criminal activity by individual

1532 electors has occurred in the local government and the connection

1533 between the election policy or practice and a state interest in

1534 preventing voter fraud or bolstering voter confidence in the

1535 integrity of elections is supported by substantial evidence.

1536 3. Evidence concerning the intent of electors, elected

1537 officials, or public officials to discriminate against protected

1538 class members is not required under subsections (1) and (2).

1539 4. Whether protected class members typically elect

1540 candidates of their choice to the governmental body of a local

1541 government in approximate proportion to their total number or

1542 share of the population may be relevant under subsection (2).

1543 (4) Before filing an action against a local government

1544 pursuant to this section, a prospective plaintiff must send, by

1545 certified mail, return receipt requested, a notification letter

1546 to the local government asserting that the local government may

1547 be in violation of the provisions of this act. Such letter must

1548 be referred to as an “FLVRA notification letter.”

1549 (a) Except as noted in paragraph (e), a party may not file

1550 an action against a local government pursuant to this section

1551 earlier than 50 days after sending an FLVRA notification letter

1552 to the local government.

1553 (b) Before receiving an FLVRA notification letter, or not

1554 later than 50 days after any FLVRA notification letter is sent

1555 to a local government, a local government may adopt a resolution

1556 that must be referred to as an “FLVRA resolution” and that does

1557 all of the following:

1558 1. Identifies a potential violation of this section by the

1559 local government.

1560 2. Identifies a specific remedy to the potential violation.

1561 3. Affirms the local government’s intent to enact and

1562 implement the remedy for the potential violation.

1563 4. Sets forth specific measures the local government will

1564 take to enact and implement the remedy.

1565 5. Provides a schedule for the enactment and implementation

1566 of the remedy.

1567 (c) Except as noted in paragraph (e), a party that has sent

1568 an FLVRA notification letter may not file an action pursuant to

1569 this section earlier than 90 days after the adoption of an FLVRA

1570 resolution.

1571 (d) If the remedy identified in an FLVRA resolution is

1572 barred by state or local law, or a legislative body of a local

1573 government lacks authority under state or local law to enact or

1574 implement a remedy identified in an FLVRA resolution within 90

1575 days after the adoption of such resolution, or if the local

1576 government is a covered jurisdiction under s. 97.25, the local

1577 government may nonetheless enact and implement the remedy

1578 identified in such resolution upon approval of the FLVRA

1579 Commission, which may provide approval only if it finds that the

1580 local government may be in violation of this act, the proposed

1581 remedy would address a potential violation, and implementation

1582 of the proposed remedy is feasible. The approval of a remedy by

1583 the FLVRA Commission does not bar an action to challenge the

1584 remedy.

1585 (e) If, pursuant to this subsection, a local government

1586 enacts or implements a remedy or the FLVRA Commission approves a

1587 proposed remedy, a party that sent an FLVRA notification letter

1588 may submit a claim for reimbursement from the local government

1589 for the costs associated with producing and sending such

1590 notification letter. The party must submit the claim in writing

1591 and substantiate the claim with financial documentation,

1592 including a detailed invoice for any demography services or

1593 analysis of voting patterns in the local government. If a party

1594 and local government fail to agree to a reimbursement amount,

1595 either the party or local government may file an action for a

1596 declaratory judgment for a clarification of rights.

1597 (f) Notwithstanding this subsection, a party may bring a

1598 cause of action for a violation of this section under any of the

1599 following circumstances:

1600 1. The action is commenced within 1 year after the adoption

1601 of a challenged method of election, ordinance, resolution, rule,

1602 policy, standard, regulation, procedure, or law.

1603 2. The prospect of obtaining relief under this section

1604 would be futile.

1605 3. Another party has submitted a notification letter under

1606 this subsection alleging a substantially similar violation and

1607 that party is eligible to bring a cause of action under this

1608 subsection.

1609 4. Following the party’s submission of an FLVRA

1610 notification letter, the local government has adopted an FLVRA

1611 resolution that identifies a remedy that would not cure the

1612 violation identified in the notification letter.

1613 5. The party is seeking preliminary relief with respect to

1614 an upcoming election in accordance with s. 97.28.

1615 (g) Any local government that receives an FLVRA

1616 notification letter or adopts an FLVRA resolution must provide a

1617 copy to the FLVRA Commission within 1 day after receipt or

1618 adoption. The FLVRA Commission shall promptly, but not later

1619 than 1 business day after receipt, post all FLVRA notification

1620 letters and FLVRA resolutions on its website. The FLVRA

1621 Commission may adopt rules identifying other materials and

1622 information that must be provided to the FLVRA Commission by

1623 local governments, as well as procedures for transmittal of

1624 materials and information from local governments to the FLVRA

1625 Commission.

1626 (5) A local government may not assert the doctrine of

1627 laches as a defense to claims brought under this section. A

1628 local government may not assert that plaintiffs have failed to

1629 comply with any notice, exhaustion, or other procedural

1630 requirements under state law, other than the requirements in

1631 this section, as a defense to claims brought under this section.

1632 (6) An individual or entity aggrieved by a violation of

1633 this section, the Attorney General, or the FLVRA Commission may

1634 file an action alleging a violation of this section to enforce

1635 compliance with this section. An entity aggrieved by a violation

1636 of this section includes, but is not limited to, any entity

1637 whose membership includes individuals aggrieved by a violation

1638 of this section or whose mission would be frustrated by a

1639 violation of this section, including, but not limited to, an

1640 entity that would expend or divest resources to fulfill its

1641 mission as a result of such violation or must expend greater

1642 resources or efforts to advocate before an elected body that is

1643 less responsive to the entity or its members due to the alleged

1644 violation. An entity may not be compelled to disclose the

1645 identity of any specific member to pursue a claim on behalf of

1646 its members. This subsection must be liberally construed to

1647 confer standing as broadly as the State Constitution allows.

1648 Such a claim may be filed pursuant to the Florida Rules of Civil

1649 Procedure or in the Second Judicial Circuit of Florida. Members

1650 of two or more protected classes that are politically cohesive

1651 in a local government may jointly file an action. In an action

1652 involving a districting plan, any individual who resides in the

1653 defendant jurisdiction and is a member of the affected class or

1654 classes, whether he or she resides in any particular district,

1655 may challenge the districting plan as a whole.

1656 Section 11. Section 97.22, Florida Statutes, is created to

1657 read:

1658 97.22 Florida Voting Rights Act Commission.—

1659 (1) There is created the Florida Voting Rights Act (FLVRA)

1660 Commission within the Department of State. The FLVRA Commission

1661 is a separate budget entity, as provided in the General

1662 Appropriations Act, and shall prepare and submit a budget

1663 request in accordance with chapter 216. The commission is

1664 responsible for administering the Florida Voting Rights Act. The

1665 commission shall have its own staff, including management,

1666 research, and enforcement personnel, and is not subject to

1667 control, supervision, or direction by the Department of State.

1668 (2)(a) The FLVRA Commission shall be composed of five

1669 commissioners, each of whom shall serve a staggered 5-year term.

1670 Commissioners must be compensated for their actual time spent on

1671 the commission’s business at an hourly rate equivalent to the

1672 rate of an assistant attorney general.

1673 1. A nominating committee shall identify qualified

1674 candidates to serve as commissioners. The nominating committee

1675 shall be composed of nominating organizations that are selected

1676 as follows:

1677 a. Organizations may apply to the Secretary of State to be

1678 certified as organizational nominators for 5-year terms, after

1679 which the organizations may be recertified. The Secretary of

1680 State must certify any organization that applies to be an

1681 organizational nominator if it meets all of the following

1682 qualifications:

1683 (I) Has demonstrated commitment to the purposes of this act

1684 and to securing the voting rights of protected class members,

1685 such as referencing such class members in the organization’s

1686 mission statement, involvement in numerous voting rights cases

1687 brought in this state on behalf of members of protected classes,

1688 or advocacy in support of this act.

1689 (II) Is registered as a nonprofit corporation with the

1690 Secretary of State.

1691 (III) Has been in continuous operation as a nonprofit

1692 organization under s. 501(c)(3) of the Internal Revenue Code or

1693 as a nonprofit corporation registered with the Secretary of

1694 State for at least 10 years.

1695 b. If the Secretary of State fails to timely certify an

1696 organization that satisfies the qualifications specified in sub

1697 subparagraph a. following the organization’s application as an

1698 organizational nominator, the organization may file an action

1699 against the Secretary of State for a declaratory judgment

1700 certifying the organization as an organizational nominator.

1701 2. An organizational nominator may be removed for cause by

1702 a majority vote of all fellow nominators.

1703 3. If there are fewer than 16 organizational nominators

1704 certified by the Secretary of State, the nominating committee

1705 must be composed of all such organizational nominators. If there

1706 are 16 or more organizational nominators certified by the

1707 Secretary of State, the nominating committee must be composed of

1708 15 organizational nominators randomly selected from all the

1709 nominators by lot on an annual basis.

1710 4. The nominating committee shall select its own chair to

1711 preside over meetings and votes.

1712 (b) Commissioners shall be selected as follows:

1713 1. The nominating committee shall solicit applications from

1714 individuals to serve on the FLVRA Commission from across this

1715 state. A commissioner must satisfy all of the following

1716 criteria:

1717 a. Is a resident of this state.

1718 b. Has experience representing or advocating on behalf of

1719 members of protected classes.

1720 c. Has not served in elected office within the preceding 5

1721 years.

1722 d. Is not currently serving in any governmental office or

1723 holding any political party office.

1724 2. The nominating committee shall maintain a qualified

1725 candidate pool composed of 30 candidates to serve on the FLVRA

1726 Commission. Individuals may be added to the qualified applicant

1727 pool only upon a vote of three-fifths of the nominating

1728 committee.

1729 3. All members of the FLVRA Commission must be randomly

1730 selected from the qualified candidate pool. Upon the initial

1731 formation of the FLVRA Commission, five commissioners must be

1732 selected by lot from the qualified candidate pool and randomly

1733 assigned to term lengths of 5 years, 4 years, 3 years, 2 years,

1734 and 1 year. At least 60 days in advance of the conclusion of

1735 each commissioner’s term, a new commissioner must be randomly

1736 selected by lot from the qualified candidate pool to serve a 5

1737 year term upon the conclusion of the incumbent commissioner’s

1738 term. If a vacancy occurs, a new commissioner must be randomly

1739 selected by lot from the qualified candidate pool within 30 days

1740 after the vacancy occurring to complete the vacated term.

1741 (3) In any action or investigation to enforce this section,

1742 the FLVRA Commission may subpoena witnesses; administer oaths;

1743 examine individuals under oath; determine material facts; and

1744 compel the production of records, books, papers, contracts, and

1745 other documents in accordance with the Florida Rules of Civil

1746 Procedure.

1747 (4) The FLVRA Commission may hire any staff and make any

1748 expenditure necessary to fulfill its responsibilities.

1749 (5) The FLVRA Commission may adopt rules to administer and

1750 enforce this part.

1751 Section 12. Section 97.23, Florida Statutes, is created to

1752 read:

1753 97.23 Statewide database and institute.—

1754 (1) The FLVRA Commission shall enter into an agreement with

1755 one or more postsecondary educational institutions in this state

1756 to create the Florida Voting and Elections Database and

1757 Institute to maintain and administer a central repository of

1758 elections and voting data available to the public from all local

1759 governments in this state, and to foster, pursue, and sponsor

1760 research on existing laws and best practices in voting and

1761 elections. The parties to that agreement shall enter into a

1762 memorandum of understanding that includes the process for

1763 selecting the director of the database and institute.

1764 (2) The database and institute shall provide a center for

1765 research, training, and information on voting systems and

1766 election administration. The database and institute may do any

1767 of the following:

1768 (a) Conduct noncredit classes and classes for credit.

1769 (b) Organize interdisciplinary groups of scholars to

1770 research voting and elections in this state.

1771 (c) Conduct seminars involving voting and elections.

1772 (d) Establish a nonpartisan centralized database in order

1773 to collect, archive, and make publicly available, at no cost,

1774 accessible data pertaining to elections, voter registration, and

1775 ballot access in this state.

1776 (e) Assist in the dissemination of election data to the

1777 public.

1778 (f) Publish books and periodicals on voting and elections

1779 in this state.

1780 (g) Provide nonpartisan technical assistance to local

1781 governments, scholars, and the general public seeking to use the

1782 resources of the database and institute.

1783 (3) The database and institute shall make available, and

1784 maintain in an electronic format, all relevant election and

1785 voting data and records for at least the previous 12-year

1786 period. The data, information, and estimates maintained by the

1787 database and institute must be posted online and made available

1788 to the public at no cost. Maps, polling places, and vote-by-mail

1789 ballot secure intake stations must be made available in a

1790 geospatial file format. The database and institute shall prepare

1791 all estimates made under this section by applying the most

1792 advanced and validated peer-reviewed methodologies available.

1793 Data and records that must be maintained include, but are not

1794 limited to, all of the following:

1795 (a) Estimates of the total population, voting age

1796 population, and citizen voting age population by racial, color,

1797 or language minority group and disability status, broken down by

1798 precinct level on a year-by-year basis, for every local

1799 government in this state, based on data from the United States

1800 Census Bureau or the American Community Survey or data of

1801 comparable quality collected by a public office.

1802 (b) Election results at the precinct level for every

1803 federal, state, and local election held in every local

1804 government in this state.

1805 (c) Contemporaneous voter registration lists, voter history

1806 files, polling places, and vote-by-mail secure ballot intake

1807 stations for every election in every local government in this

1808 state.

1809 (d) Contemporaneous maps or other documentation of the

1810 configuration of precincts.

1811 (e) Lists of polling places, including, but not limited to,

1812 lists of precincts assigned to each polling place, if

1813 applicable.

1814 (f) Adopted district or redistricting plans for every

1815 election in every local government in this state.

1816 (g) A current record, updated monthly, of persons eligible

1817 to register to vote who have a prior criminal conviction and

1818 whose eligibility has been restored in compliance with s.

1819 98.0751.

1820 (h) Any other data that the director of the database and

1821 institute considers necessary to maintain in furtherance of the

1822 purposes of the database and institute.

1823 (4) All state agencies and local governments shall timely

1824 provide the director of the database and institute with any

1825 information requested by the director. No later than 90 days

1826 after an election, each local government shall transmit to the

1827 database and institute copies of all of the following:

1828 (a) Election results at the precinct level.

1829 (b) Contemporaneous voter registration lists.

1830 (c) Voter history files.

1831 (d) Maps, descriptions, and shapefiles for election

1832 districts.

1833 (e) Lists of polling places, shapefiles, or descriptions of

1834 the precincts assigned to each polling place.

1835 (f) Any other data as requested by the database and

1836 institute.

1837 (5) Any state entity identified by the director of the

1838 database and institute as possessing data, statistics, or other

1839 information required by the database and institute to carry out

1840 its duties and responsibilities shall provide such data,

1841 statistics, or information annually to the database and

1842 institute at the request of the director.

1843 (6) If a state agency or local government fails to provide

1844 any information to the database and institute as required by

1845 this section, the director of the database and institute, the

1846 Attorney General, or the FLVRA Commission may file an action to

1847 enforce compliance with this section. An entity aggrieved by a

1848 violation of this section includes, but is not limited to, any

1849 entity whose membership includes individuals aggrieved by this

1850 section or whose mission would be frustrated by a violation of

1851 this section, including, but not limited to, an entity that

1852 would expend or divest resources to fulfill its mission as a

1853 result of such violation or must expend greater resources or

1854 efforts to advocate before an elected body that is less

1855 responsive to the entity or its members due to the alleged

1856 violation. An entity may not be compelled to disclose the

1857 identity of any specific member to pursue a claim on behalf of

1858 its members. This section must be liberally construed to confer

1859 standing as broadly as the State Constitution allows. Such claim

1860 may be filed pursuant to the Florida Rules of Civil Procedure or

1861 in the Second Judicial Circuit of Florida.

1862 (7) No later than 90 days after the end of each state

1863 fiscal year, the database and institute shall publish a report

1864 on the priorities and finances of the database and institute.

1865 (8) The database and institute shall provide nonpartisan

1866 technical assistance to local governments, researchers, and

1867 members of the public seeking to use the resources of the

1868 database.

1869 (9) There is a rebuttable presumption that the data,

1870 estimates, or other information maintained by the database and

1871 institute is valid.

1872 Section 13. Section 97.24, Florida Statutes, is created to

1873 read:

1874 97.24 Language access.—

1875 (1) As used in this section, the term:

1876 (a) “Limited English proficient individual” means an

1877 individual who does not speak English as his or her primary

1878 language and who speaks, reads, or understands the English

1879 language other than “very well” in accordance with United States

1880 Census Bureau data or data of comparable quality collected by a

1881 governmental entity.

1882 (b) “Native American” includes any person recognized by the

1883 United States Census Bureau or the state as “American Indian.”

1884 (2) The FLVRA Commission must designate one or more

1885 languages, other than English, for which assistance in voting

1886 and elections must be provided by a local government if the

1887 commission finds that a significant and substantial need exists

1888 for such assistance.

1889 (3) Based on the best available data, which may include

1890 information from the United States Census Bureau’s American

1891 Community Survey or data of comparable quality collected by a

1892 governmental entity, the FLVRA Commission must find that a

1893 significant and substantial need exists if:

1894 (a) More than 2 percent, but no fewer than 200 citizens of

1895 voting age, of a local government speak a language other than

1896 English and are limited English proficient individuals.

1897 (b) More than 4,000 citizens of voting age of a local

1898 government speak a language other than English and are limited

1899 English proficient individuals.

1900 (4) In the case of a local government that contains any

1901 part of a Native American reservation, if more than 2 percent of

1902 the Native American citizens of voting age within the Native

1903 American reservation are proficient in a language other than

1904 English and are limited English proficient individuals, the

1905 local government must provide materials in such language.

1906 (5)(a) On an annual basis, the FLVRA Commission shall

1907 publish on its website a list of all of the following:

1908 1. Each local government in which assistance in voting and

1909 elections in a language other than English must be provided.

1910 2. Each language in which such assistance must be provided

1911 in each local government.

1912 (b) The FLVRA Commission’s determinations under this

1913 section are effective upon publication, and the commission shall

1914 distribute this information to each affected local government.

1915 (6) Each local government described in paragraph (5)(a)

1916 shall provide assistance in voting and elections, including

1917 related materials, in any language designated by the commission

1918 under paragraph (5)(a) to voters in a local government who are

1919 limited English proficient individuals.

1920 (7) Whenever the FLVRA Commission determines that, pursuant

1921 to this section, language assistance must be provided by a local

1922 government, the local government shall provide competent

1923 assistance in each designated language and provide related

1924 materials in English and in each designated language, including

1925 voter registration or voting notices, forms, instructions,

1926 assistance, ballots, or other materials or information relating

1927 to the electoral process. However, in the case of a language

1928 that is oral or unwritten, including historically unwritten

1929 languages, as may be the case for some Native American

1930 languages, a local government must provide oral instructions,

1931 assistance, or other information on the electoral process in

1932 such language. All materials provided in a designated language

1933 must be of an equal quality to the corresponding English

1934 materials. All provided translations must convey the intent and

1935 essential meaning of the original text or communication and may

1936 not rely solely on automatic translation services. If available,

1937 live translation must be used for language assistance.

1938 (8) The FLVRA Commission shall establish a review process

1939 under which the commission determines, upon receipt of a request

1940 submitted under this subsection, whether a significant and

1941 substantial need exists in a local government for a language to

1942 be designated for language access and assistance in voting and

1943 elections if such need has not been found under subsection (3)

1944 or subsection (4). Such process, at a minimum, must include an

1945 opportunity for any voter or entity to submit a request for the

1946 commission to consider designating a language in a local

1947 government; an opportunity for public comment; and a procedure

1948 for determining whether a local government must provide language

1949 assistance.

1950 (9) Any individual or entity aggrieved by a violation of

1951 this section, the Attorney General, or the FLVRA Commission may

1952 file an action alleging a violation of this section. An entity

1953 aggrieved by a violation of this section includes, but is not

1954 limited to, any entity whose membership includes individuals

1955 aggrieved by this section or whose mission would be frustrated

1956 by a violation of this section, including, but not limited to,

1957 an entity that would expend or divest resources to fulfill its

1958 mission as a result of such violation or must expend greater

1959 resources or efforts to advocate before an elected body that is

1960 less responsive to the entity or its members due to the alleged

1961 violation. An entity may not be compelled to disclose the

1962 identity of any specific member to pursue a claim on behalf of

1963 its members. This section must be liberally construed to confer

1964 standing as broadly as the State Constitution allows. Such a

1965 claim may be filed pursuant to the Florida Rules of Civil

1966 Procedure or in the Second Judicial Circuit of Florida.

1967 Section 14. Section 97.25, Florida Statutes, is created to

1968 read:

1969 97.25 Preclearance.—

1970 (1) The enactment or implementation of a covered policy by

1971 a covered jurisdiction is subject to preclearance by the FLVRA

1972 Commission.

1973 (2) For purposes of this section, a covered policy includes

1974 any new or modified:

1975 (a) Election policy or practice.

1976 (b) Method of election, including districting or

1977 redistricting.

1978 (c) Form of government.

1979 (d) Annexation, incorporation, dissolution, consolidation,

1980 or division of a local government.

1981 (e) Removal of individuals from registry lists or

1982 enrollment lists and other activities concerning any such list,

1983 except where the removal is at the specific written request of

1984 the voter and other activities concerning any such list.

1985 (f) Hours of any early voting site, or location or number

1986 of early voting sites, polling places, or secure ballot intake

1987 stations.

1988 (g) Assignment of voting precincts to polling places or

1989 secure ballot intake station locations.

1990 (h) Assistance offered to protected class members.

1991 (i) Any additional subject matter the FLVRA Commission may

1992 identify for inclusion in this subsection, pursuant to

1993 commission rule, if the commission determines that any election

1994 policy or practice may have the effect of diminishing the right

1995 to vote of any protected class member or have the effect of

1996 violating this act.

1997 (3) Following each decennial census, if a covered

1998 jurisdiction does not make changes to its method of election,

1999 including, but not limited to, maintaining an at-large method of

2000 election or not making revisions to a district-based method of

2001 election, the method of election must be deemed a covered policy

2002 and must be submitted to the FLVRA Commission pursuant to this

2003 section.

2004 (4) A covered jurisdiction includes any of the following:

2005 (a) A local government that, within the preceding 25 years,

2006 has been subject to a court order, government enforcement

2007 action, court-approved consent decree, or other settlement in

2008 which the local government conceded liability, based upon a

2009 violation of this act, the federal Voting Rights Act, the 15th

2010 Amendment to the United States Constitution, a voting-related

2011 violation of the 14th Amendment to the United States

2012 Constitution, or any violation of any other state or federal

2013 election law, concerning discrimination against members of a

2014 protected class.

2015 (b) A local government that, within the preceding 25 years,

2016 has been subject to any court order, government enforcement

2017 action, court-approved consent decree, or any other settlement

2018 in which the local government conceded liability, based upon a

2019 violation of any state or federal civil rights law or the 14th

2020 Amendment to the United States Constitution, concerning

2021 discrimination against members of a protected class.

2022 (c) A local government that, during the preceding 3 years,

2023 has failed to comply with its obligation to provide data or

2024 information to the database pursuant to s. 97.23.

2025 (d) A local government that, during the preceding 25 years,

2026 was found to have enacted or implemented a covered policy

2027 without obtaining preclearance for that policy pursuant to this

2028 section.

2029 (e) A local government that contains at least 1,000

2030 eligible voters of any protected class, or in which members of

2031 any protected class constitute at least 10 percent of the

2032 eligible voter population of the local government, and in which,

2033 in any year in the preceding 10 years, the percentage of voters

2034 of any protected class in a local government which participated

2035 in any general election for any local government office was at

2036 least 10 percentage points lower than the percentage of all

2037 voters in the local government who participated in such

2038 election.

2039 (f) A local government that contains at least 1,000

2040 eligible voters of any protected class, or in which members of

2041 any protected class constitute at least 10 percent of the

2042 eligible voter population of the local government, and in which,

2043 in any year in the preceding 10 years, the percentage of

2044 eligible voters of that protected class who were registered to

2045 vote was at least 10 percentage points lower than the percentage

2046 of all eligible voters in the local government who registered to

2047 vote.

2048 (g) A local government that contains at least 1,000

2049 eligible voters of any protected class, or in which members of

2050 any protected class constitute at least 10 percent of the

2051 eligible voter population of the local government, and in which,

2052 in any year in the preceding 10 years, based on data made

2053 available by the United States Census, the dissimilarity index

2054 of such protected class, calculated using census tracts, was in

2055 excess of 50 percent with respect to the race, color, or

2056 language minority group that comprises a plurality within the

2057 local government.

2058 (h) A local government that contains at least 1,000

2059 eligible voters of any protected class, or in which members of

2060 any protected class constitute at least 10 percent of the

2061 eligible voter population of the local government, and in which,

2062 in any year in the preceding 10 years, the poverty rate among

2063 the population of such protected class exceeded the poverty rate

2064 among the population of the local government as a whole by at

2065 least 10 percentage points.

2066 (i) A county that contains at least 1,000 eligible voters

2067 of any protected class, or in which members of any protected

2068 class constitute at least 10 percent of the eligible voter

2069 population of the county, and in which, in any year in the

2070 preceding 10 years, the arrest rate among members of such

2071 protected class exceeded the arrest rate among the population of

2072 the county as a whole by at least 10 percentage points.

2073 (j) Any school district that contains at least 1,000

2074 eligible voters of any protected class, or in which members of

2075 any protected class constitute at least 10 percent of the

2076 eligible voter population of the school district, and in which,

2077 in any year in the preceding 10 years, the graduation rate of

2078 such protected class was lower than the graduation rate of the

2079 entire district student population by at least 10 percentage

2080 points.

2081 (5) The FLVRA Commission shall determine on an annual basis

2082 which local governments are covered jurisdictions and publish a

2083 list of such jurisdictions on its website.

2084 (6) If a covered jurisdiction seeks preclearance from the

2085 FLVRA Commission for the adoption or implementation of any

2086 covered policy, the covered jurisdiction must submit the covered

2087 policy to the commission in writing and may obtain preclearance

2088 in accordance with this section.

2089 (a) The FLVRA Commission shall review the covered policy

2090 submitted for preclearance, including any comments submitted by

2091 members of the public, and make a determination to grant or deny

2092 preclearance. The covered jurisdiction bears the burden of proof

2093 in any preclearance determinations.

2094 (b)1. The FLVRA Commission may deny preclearance to a

2095 submitted covered policy only if it determines that:

2096 a. The covered policy is more likely than not to diminish

2097 the opportunity or ability of protected class members to

2098 participate in the political process and elect candidates of

2099 their choice or otherwise influence the outcome of elections; or

2100 b. The covered policy is more likely than not to violate

2101 this act.

2102 2. If the commission denies preclearance, the applicable

2103 covered jurisdiction may not enact or implement the covered

2104 policy. The commission shall provide a written explanation for a

2105 denial.

2106 (c) If the FLVRA Commission grants preclearance to a

2107 covered policy, the covered jurisdiction may immediately enact

2108 or implement the covered policy. A determination by the

2109 commission to grant preclearance is not admissible in, and may

2110 not be considered by, a court in any subsequent action

2111 challenging the covered policy. If the commission fails to deny

2112 or grant preclearance to a submitted covered policy within the

2113 timeframes set forth in paragraph (d), the covered policy is

2114 deemed to be precleared, and the covered jurisdiction may enact

2115 or implement the covered policy.

2116 (d) If a covered policy concerns the method of election for

2117 a legislative body, districting or redistricting, the number of

2118 seats on the legislative body, or annexation, incorporation,

2119 dissolution, consolidation, or division of a local government,

2120 the FLVRA Commission must review the covered policy, including

2121 any comments submitted by members of the public, and make a

2122 determination to deny or grant preclearance within 60 days after

2123 the submission of the covered policy. The commission may invoke

2124 up to two extensions of 90 days each to make such a

2125 determination. For all other covered policies, the commission

2126 shall review the covered policy, including any public comment,

2127 and make a determination to deny or grant preclearance within 30

2128 days after the submission of the covered policy. The commission

2129 may invoke an extension of 60 days to make such a determination.

2130 (e) A denial of preclearance under this section may be

2131 appealed only by the covered jurisdiction and must be filed in

2132 the Second Judicial Circuit. Other parties may not file an

2133 action to appeal a denial of preclearance or intervene in any

2134 such action brought by the covered jurisdiction.

2135 (7) If a covered jurisdiction enacts or implements any

2136 covered policy without obtaining preclearance for such covered

2137 policy in accordance with this section, any individual or entity

2138 aggrieved by such violation, the director of the database and

2139 institute, the Attorney General, or the FLVRA Commission may

2140 file an action to enjoin enactment or implementation and seek

2141 sanctions against the covered jurisdiction for violations of

2142 this section. An entity aggrieved by a violation of this section

2143 includes, but is not limited to, any entity whose membership

2144 includes individuals aggrieved by this section or whose mission

2145 would be frustrated by a violation of this section, including,

2146 but not limited to, an entity that would expend or divest

2147 resources to fulfill its mission as a result of such violation

2148 or must expend greater resources or efforts to advocate before

2149 an elected body that is less responsive to the entity or its

2150 members due to the alleged violation. An entity may not be

2151 compelled to disclose the identity of any specific member to

2152 pursue a claim on behalf of its members. This section must be

2153 liberally construed to confer standing as broadly as the State

2154 Constitution allows. Such a claim may be filed pursuant to the

2155 Florida Rules of Civil Procedure or in the Second Judicial

2156 Circuit. A claim under this subsection does not preclude, bar,

2157 or limit in any way any other claims that may be brought

2158 regarding the covered policy, including claims brought under

2159 other sections of this act.

2160 (8) If the FLVRA Commission approves preclearance for a

2161 covered policy in violation of this section, identifies or fails

2162 to identify a list of local governments that are covered

2163 jurisdictions in violation of this section, or otherwise fails

2164 to properly implement this section, any individual or entity

2165 aggrieved by such a violation may file an action seeking

2166 appropriate relief, including, but not limited to, injunctive

2167 relief on the commission or any other party, as the court deems

2168 necessary to enforce this section. An entity aggrieved by a

2169 violation of this section includes, but is not limited to, any

2170 entity whose membership includes individuals aggrieved by this

2171 section or whose mission would be frustrated by a violation of

2172 this section, including, but not limited to, an entity that

2173 would expend or divest resources to fulfill its mission as a

2174 result of such violation or must expend greater resources or

2175 efforts to advocate before an elected body that is less

2176 responsive to the entity or its members due to the alleged

2177 violation. An entity may not be compelled to disclose the

2178 identity of any specific member to pursue a claim on behalf of

2179 its members. This section must be liberally construed to confer

2180 standing as broadly as the State Constitution allows. Such a

2181 claim may be filed pursuant to the Florida Rules of Civil

2182 Procedure or in the Second Judicial Circuit of Florida. A claim

2183 under this subsection does not preclude, bar, or limit any other

2184 claims that may be brought regarding any covered policy,

2185 including claims brought under other sections of this act.

2186 (9) The FLVRA Commission shall adopt rules to implement

2187 this section, including rules concerning the content of and

2188 procedure for preclearance submission, procedures for public

2189 comment and transparency regarding preclearance determinations,

2190 and procedures for expedited and emergency preclearance

2191 determinations that deviate from the timelines provided in

2192 paragraph (6)(d), provided that such preclearance determinations

2193 are preliminary.

2194 Section 15. Section 97.26, Florida Statutes, is created to

2195 read:

2196 97.26 Voter intimidation, deception, and obstruction.—

2197 (1) A person may not, whether acting under color of law or

2198 otherwise, engage in acts of intimidation, deception, or

2199 obstruction, or any other tactic that has the effect of or may

2200 reasonably have the effect of interfering with another person’s

2201 right to vote.

2202 (2) A violation of subsection (1) includes any of the

2203 following:

2204 (a) The use of force or threats to use force, or the use of

2205 any other conduct to practice intimidation, which causes or will

2206 reasonably have the effect of causing interference with an

2207 individual’s right to vote.

2208 (b) Knowingly using or deploying a deceptive or fraudulent

2209 device, contrivance, or communication that causes or will

2210 reasonably have the effect of causing interference with an

2211 individual’s right to vote.

2212 (c) The obstruction of, impediment to, or interference with

2213 access to any early voting site, polling place, secure ballot

2214 intake station, or office of the supervisor of elections in a

2215 manner that causes or will reasonably have the effect of causing

2216 interference with an individual’s right to vote or causing any

2217 delay in voting or the voting process.

2218 (3)(a) In any action to enforce this section, there is a

2219 rebuttable presumption that a person has violated this section

2220 if he or she openly carries or brandishes a firearm, an

2221 imitation firearm, a toy gun, a machete, an axe, a sword, or any

2222 weapon as defined in s. 790.001 while:

2223 1. Interacting with or observing any person voting or

2224 attempting to vote;

2225 2. Urging or aiding any person to vote or attempt to vote,

2226 whether as part of official election administration activities

2227 or unofficial activities; or

2228 3. Exercising any power or duty in administering elections,

2229 including, but not limited to, vote counting, canvassing, or

2230 certifying returns.

2231 (b) A law enforcement officer as defined in s. 943.10

2232 acting within the scope of his or her official duties is not

2233 subject to the presumption under paragraph (a), but a court may

2234 nonetheless consider a law enforcement officer’s possession of a

2235 firearm in determining whether the officer violated this

2236 section.

2237 (4) Any individual or entity aggrieved by a violation of

2238 this section, the Attorney General, or the FLVRA Commission may

2239 file a civil action alleging a violation of this section. An

2240 entity aggrieved by a violation of this section includes, but is

2241 not limited to, any entity whose membership includes individuals

2242 aggrieved by this section or whose mission would be frustrated

2243 by a violation of this section, including, but not limited to,

2244 an entity that would expend or divest resources to fulfill its

2245 mission as a result of such violation or must expend greater

2246 resources or efforts to advocate before an elected body that is

2247 less responsive to the entity or its members due to the alleged

2248 violation. An entity may not be compelled to disclose the

2249 identity of any specific member to pursue a claim on behalf of

2250 its members. This section must be liberally construed to confer

2251 standing as broadly as the State Constitution allows. Such a

2252 claim may be filed pursuant to the Florida Rules of Civil

2253 Procedure or in the Second Judicial Circuit.

2254 (5) In addition to any remedies that may be imposed under

2255 s. 97.28, if the court finds a violation of this section, the

2256 court must order appropriate remedies that are tailored to

2257 addressing the violation, including, but not limited to,

2258 providing for additional time for individuals to vote in an

2259 election, a primary, or a referendum and awarding nominal

2260 damages for any violation and compensatory or punitive damages

2261 for any willful violation.

2262 Section 16. Section 97.27, Florida Statutes, is created to

2263 read:

2264 97.27 Democracy canon.—

2265 (1) Any provision of this code and any regulation, charter,

2266 home rule ordinance, or other enactment of the state or any

2267 local government relating to the right to vote must be liberally

2268 construed in favor of the rights enumerated in paragraphs (a)

2269 (e), as follows:

2270 (a) Protecting the individual’s right to cast a ballot and

2271 make the ballot valid.

2272 (b) Ensuring eligible individuals seeking voter

2273 registration are not impaired in being registered.

2274 (c) Ensuring voters are not impaired in voting, including,

2275 but not limited to, having their votes counted.

2276 (d) Making the fundamental right to vote more accessible to

2277 eligible voters.

2278 (e) Ensuring equitable access for protected class members

2279 to opportunities to be registered to vote and to vote.

2280 (2) It is the policy of the state that courts should

2281 exercise their discretion on any issue, including, but not

2282 limited to, questions of discovery, procedure, admissibility of

2283 evidence, or remedies, in favor of the rights enumerated in

2284 paragraphs (1)(a)-(e) to the extent allowable by law.

2285 Furthermore, it is the policy of the state to promote the free

2286 flow of documents and information concerning the intent of

2287 public officials in actions concerning the right to vote.

2288 Accordingly, in any action under this act, the federal Voting

2289 Rights Act, or a voting-related claim under the State

2290 Constitution or the United States Constitution, sovereign,

2291 governmental, executive, legislative, or deliberative immunities

2292 and privileges, including any evidentiary privileges, may not be

2293 asserted. However, this section does not apply to any attorney

2294 client or attorney work-product privileges.

2295 Section 17. Section 97.28, Florida Statutes, is created to

2296 read:

2297 97.28 Remedies.—

2298 (1) If a court finds a violation of this act, the court

2299 must order appropriate remedies that are tailored to address

2300 such violation and to ensure protected class members have

2301 equitable opportunities to fully participate in the political

2302 process and that the remedies can be implemented in a manner

2303 that will not unduly disrupt the administration of an ongoing or

2304 imminent election. Appropriate remedies include, but need not be

2305 limited to, any of the following:

2306 (a) Another method of election or changes to the existing

2307 method of election.

2308 (b) Elimination of staggered elections so that all members

2309 of the legislative body are elected at the same time.

2310 (c) Reasonably increasing the size of the legislative body.

2311 (d) Additional voting days or hours.

2312 (e) Additional polling places and early voting sites.

2313 (f) Additional opportunities to return ballots.

2314 (g) Holding special elections.

2315 (h) Expanded opportunities for voter registration.

2316 (i) Additional voter education.

2317 (j) The restoration or addition of individuals to registry

2318 lists.

2319 (k) Retaining jurisdiction for such a period of time as the

2320 court deems appropriate.

2321 (2) The court shall consider remedies proposed by any party

2322 to the action or by interested nonparties. The court may not

2323 give deference or priority to a proposed remedy because it is

2324 proposed by the state or local government.

2325 (3) If necessary to remedy a violation of this act, the

2326 court is empowered to require a local government to implement

2327 remedies that are inconsistent with any other law and any

2328 special act, charter or home rule ordinance, or other enactment

2329 of the state or local government.

2330 (4) Notwithstanding the Florida Rules of Civil Procedure or

2331 any other law, the court must grant a temporary injunction and

2332 any other preliminary relief requested under this section with

2333 respect to an upcoming election if the court determines that the

2334 party is more likely than not to succeed on the merits and that

2335 it is possible to implement an appropriate temporary remedy that

2336 would resolve the violation alleged under this section before

2337 the next general election.

2338 (5) In any action to enforce this act, the court shall

2339 award reasonable attorney fees and litigation costs, including,

2340 but not limited to, expert witness fees and expenses, to the

2341 party that filed an action, other than a state or local

2342 government, and that prevailed in such action. The party that

2343 filed the action is deemed to have prevailed when, as a result

2344 of litigation, the party against whom the action was filed has

2345 yielded some or all of the relief sought in the action. In the

2346 case of a party against whom an action was filed and who

2347 prevailed, the court may not award the party any costs unless

2348 the court finds the action to be frivolous, unreasonable, or

2349 without foundation.

2350 Section 18. Paragraph (b) of subsection (4) of section

2351 98.045, Florida Statutes, is amended to read:

2352 98.045 Administration of voter registration.—

2353 (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL

2354 STREET ADDRESSES.—

2355 (b) The department shall make the statewide database of

2356 valid street addresses available to the Department of Highway

2357 Safety and Motor Vehicles as provided in s. 97.057(8) s.

2358 ~~97.057(10)~~ . The Department of Highway Safety and Motor Vehicles

2359 shall use the database for purposes of validating the legal

2360 residential addresses provided in voter registration

2361 applications received by the Department of Highway Safety and

2362 Motor Vehicles.

2363 Section 19. Subsections (1) and (2) of section 98.255,

2364 Florida Statutes, are amended to read:

2365 98.255 Voter education programs.—

2366 (1) The Department of State shall adopt rules prescribing

2367 minimum standards for nonpartisan voter education. The standards

2368 shall, at a minimum, address:

2369 (a) Voter registration;

2370 (b) Balloting procedures, by mail and polling place;

2371 (c) Voter rights and responsibilities;

2372 (d) Distribution of sample ballots; ~~and~~

2373 (e) Public service announcements ; and

2374 (f) Plain writing standards consistent with official

2375 federal guidelines for the Plain Writing Act of 2010 and United

2376 States Election Assistance Commission best practices for

2377 designing effective voter education materials .

2378 (2) Each county supervisor shall implement the minimum

2379 voter education standards, and shall conduct additional

2380 nonpartisan education efforts as necessary to ensure that voters

2381 have a working knowledge of the voting process. This includes

2382 providing, to the extent possible, public-facing voter

2383 information in plain language reasonably calculated to be

2384 understood by persons with grade 8 reading level or lower.

2385 Section 20. Paragraphs (e) and (g) of subsection (14) of

2386 section 100.371, Florida Statutes, are amended to read:

2387 100.371 Initiatives; procedure for placement on ballot.—

2388 (14)

2389 (e) Beginning October 1, 2025, when the signature on the

2390 petition form is verified as valid, the supervisor shall, as

2391 soon as practicable, notify the voter by mail at the mailing

2392 address on file in the Florida Voter Registration System.

2393 1. Such notice must be sent by forwardable mail with a

2394 postage prepaid preaddressed form, which may be returned to the

2395 office of the supervisor of elections ~~Office of Election Crimes~~

2396 ~~and Security~~ . The notice must include contact information for

2397 the office of the supervisor of elections ~~Office of Election~~

2398 ~~Crimes and Security~~ , including the telephone number, fax number,

2399 mailing address, and e-mail address. The notice must include all

2400 of the following statements or information in substantially the

2401 following form:

2403 NOTICE

2405 A petition to place a proposed constitutional

2406 amendment on the ballot for the next general election,

2407 bearing your name and signature, has been received and

2408 verified by the Supervisor of Elections Office in

2409 ...(insert county)....

2411 The petition is for ...(insert the petition serial

2412 number and ballot title)... and was signed on

2413 ...(insert the date the voter signed the petition)....

2415 Check this box ☐, sign, and return this notice to the

2416 Office of the Supervisor of Elections ~~Office of~~

2417 ~~Election Crimes and Security~~ if you believe your

2418 signature has been misrepresented or forged on a

2419 petition. The petition form in question will be

2420 invalidated and will not be counted toward the number

2421 of signatures required to place this proposed

2422 constitutional amendment on the ballot.

2424 A notice being returned must be received by the Office

2425 of the Supervisor of Elections ~~Office of Election~~

2426 ~~Crimes and Security~~ on or before February 1 ...(insert

2427 the year in which the general election is held)....

2429 ...(Insert the voter’s Florida voter registration

2430 number, and if applicable, the petition circulator’s

2431 number)....

2433 By signing below, I swear or affirm that my signature

2434 was misrepresented or forged on the petition form

2435 indicated in this notice.

2437 ...(Voter’s Signature)... ...(Date)...

2439 This notice becomes a public record upon receipt by

2440 the Office of the Supervisor of Elections ~~Office of~~

2441 ~~Election Crimes and Security~~ . It is a second degree

2442 misdemeanor, punishable as provided in s. 775.082,

2443 Florida Statutes, or s. 772.083, Florida Statutes, for

2444 a person to knowingly make a false official statement

2445 pursuant to s. 837.06, Florida Statutes.

2447 2. Upon receiving a completed notice, the office of the

2448 supervisor of elections ~~Office of Election Crimes and Security~~

2449 shall transmit a copy of such notices to the division. The

2450 division shall deem the voter’s petition form invalid.

2451 (g) On the last day of each month, or on the last day of

2452 each week from December 1 of an odd-numbered year through

2453 February 1 of the following year, each supervisor shall post on

2454 his or her website the total number of signatures submitted, the

2455 total number of invalid signatures, the total number of

2456 signatures processed, and the aggregate number of verified valid

2457 signatures and the distribution of such signatures by

2458 congressional district for each proposed amendment proposed by

2459 initiative, along with the following information specific to the

2460 reporting period: the total number of signed petition forms

2461 received, the total number of signatures verified, the

2462 distribution of verified valid signatures by congressional

2463 district, and the total number of verified petition forms

2464 forwarded to the Secretary of State. For any reporting period in

2465 which the percentage of petition forms deemed invalid by the

2466 supervisor exceeds a total of 25 percent of the petition forms

2467 received by the supervisor for that reporting period, the

2468 supervisor shall notify the department ~~Office of Election Crimes~~

2469 ~~and Security~~ . The department ~~Office of Election Crimes and~~

2470 ~~Security~~ shall conduct a preliminary investigation into the

2471 activities of the sponsor, one or more petition circulators, or

2472 a person collecting petition forms on behalf of a sponsor, to

2473 determine whether the invalidated petitions are a result of

2474 fraud or any other violation of this section. As authorized by

2475 s. 97.012(15) ~~ss. 97.012(15) and 97.022(1)~~ , the secretary ~~Office~~

2476 ~~of Elections Crimes and Security~~ may, if warranted, report

2477 findings to the statewide prosecutor or the state attorney for

2478 the judicial circuit in which the alleged violation occurred for

2479 prosecution.

2480 Section 21. Section 100.51, Florida Statutes, is created to

2481 read:

2482 100.51 General Election Day paid holiday.—In order to

2483 encourage civic participation, enable more individuals to serve

2484 as poll workers, and provide additional time for the resolution

2485 of any issue that arises while a voter is casting his or her

2486 ballot, General Election Day shall be a paid holiday. A voter is

2487 entitled to absent himself or herself from any service or

2488 employment in which he or she is engaged or employed during the

2489 time the polls are open on General Election Day. A voter who

2490 absents himself or herself under this section may not be

2491 penalized in any way, and a deduction may not be made from his

2492 or her usual salary or wages, on account of his or her absence.

2493 Section 22. Section 101.016, Florida Statutes, is created

2494 to read:

2495 101.016 Strategic elections equipment reserve.—

2496 (1) The Division of Elections shall maintain a secure

2497 election equipment reserve that may be deployed in the event of

2498 an emergency as defined in s. 101.732 or in the event of

2499 capacity issues due to unexpected voter turnout.

2500 (2) The reserve, at a minimum, must include ballot marking

2501 devices, scanners, tabulation equipment, ballot-on-demand

2502 printers, paper required for voting machines and printers,

2503 accessible voting equipment, electronic poll books,

2504 uninterrupted power supplies, generators, cabling, and power

2505 cords, and may include other related equipment necessary to

2506 ensure the continuity of elections, consistent with the voting

2507 systems certified for use by each supervisor of elections.

2508 (3) The division may, in lieu of maintaining a physical

2509 reserve of such equipment, contract with one or more certified

2510 vendors of voting systems to provide such equipment on an as

2511 needed basis. Any such contract must include all of the

2512 following:

2513 (a) A guaranteed delivery timeframe no later than 24 hours

2514 after a request by a supervisor of election, the division, or

2515 the department.

2516 (b) Requirements for the secure transportation,

2517 installation, and removal of equipment.

2518 (c) Maintenance of secure custody and detailed chain-of

2519 custody records for all equipment consistent with s. 101.015 and

2520 related administrative rules, including documentation of each

2521 transfer, installation, removal, and compliance with applicable

2522 state cybersecurity and physical security standards.

2523 (4) No later than February 1, 2027, and annually no later

2524 than February 1 thereafter, the division shall submit a report

2525 to the Governor, the President of the Senate, and the Speaker of

2526 the House of Representatives which includes all of the

2527 following:

2528 (a) The current inventory of equipment held in reserve or

2529 available by vendor contract.

2530 (b) A list of all deployments of equipment under this

2531 section during the preceding calendar year, including the reason

2532 for deployment, response time, and associated costs.

2533 (c) Recommendations for improvements to ensure readiness

2534 for future elections.

2535 Section 23. Section 101.019, Florida Statutes, is repealed.

2536 Section 24. Subsections (1) and (2) of section 101.048,

2537 Florida Statutes, are amended to read:

2538 101.048 Provisional ballots.—

2539 (1) At all elections, a voter claiming to be properly

2540 registered in this ~~the~~ state and eligible to vote ~~at the~~

2541 ~~precinct~~ in the election but whose eligibility cannot be

2542 determined, a person whom an election official asserts is not

2543 eligible, including, but not limited to, a person to whom notice

2544 has been sent pursuant to s. 98.075(7), but for whom a final

2545 determination of eligibility has not been made, and other

2546 persons specified in the code is ~~shall be~~ entitled to vote a

2547 provisional ballot at any precinct in the county in which the

2548 voter claims to be registered . Once voted, the provisional

2549 ballot must be placed in a secrecy envelope and thereafter

2550 sealed in a provisional ballot envelope. The provisional ballot

2551 must be deposited in a ballot box. All provisional ballots must

2552 remain sealed in their envelopes for return to the supervisor of

2553 elections. The department shall prescribe the form of the

2554 provisional ballot envelope. A person casting a provisional

2555 ballot has the right to present written evidence supporting his

2556 or her eligibility to vote to the supervisor of elections by not

2557 later than 5 p.m. on the second day following the election.

2558 (2)(a) The county canvassing board shall examine each

2559 Provisional Ballot Voter’s Certificate and Affirmation to

2560 determine if the person voting that ballot was entitled to vote

2561 in the county in which ~~at the precinct where~~ the person cast a

2562 vote in the election and that the person had not otherwise

2563 ~~already~~ cast a ballot in the election. In determining whether a

2564 person casting a provisional ballot is entitled to vote, the

2565 county canvassing board shall review the information provided in

2566 the Voter’s Certificate and Affirmation, written evidence

2567 provided by the person pursuant to subsection (1), information

2568 provided in any cure affidavit and accompanying supporting

2569 documentation pursuant to subsection (6), any other evidence

2570 presented by the supervisor, and, in the case of a challenge,

2571 any evidence presented by the challenger. A ballot of a person

2572 casting a provisional ballot must ~~shall~~ be canvassed pursuant to

2573 paragraph (b) unless the canvassing board determines by a

2574 preponderance of the evidence that the person was not entitled

2575 to vote.

2576 (b) If it is determined that the person was registered and

2577 entitled to vote in the county in which ~~at the precinct where~~

2578 the person cast a vote in the election, the canvassing board

2579 must compare the signature on the Provisional Ballot Voter’s

2580 Certificate and Affirmation or the provisional ballot cure

2581 affidavit with the signature on the voter’s registration or

2582 precinct register. A provisional ballot may be counted only if:

2583 1. The signature on the voter’s certificate or the cure

2584 affidavit matches the elector’s signature in the registration

2585 books or the precinct register; however, in the case of a cure

2586 affidavit, the supporting identification listed in subsection

2587 (6) must also confirm the identity of the elector; or

2588 2. The cure affidavit contains a signature that does not

2589 match the elector’s signature in the registration books or the

2590 precinct register, but the elector has submitted a current and

2591 valid Tier 1 form of identification confirming his or her

2592 identity pursuant to subsection (6).

2594 For purposes of this paragraph, any canvassing board finding

2595 that signatures do not match must be by majority vote and beyond

2596 a reasonable doubt.

2597 (c) Any provisional ballot not counted must remain in the

2598 envelope containing the Provisional Ballot Voter’s Certificate

2599 and Affirmation , and the envelope must ~~shall~~ be marked “Rejected

2600 as Illegal.”

2601 (d) If a provisional ballot is validated following the

2602 submission of a cure affidavit, the supervisor must make a copy

2603 of the affidavit, affix it to a voter registration application,

2604 and immediately process it as a valid request for a signature

2605 update pursuant to s. 98.077.

2606 Section 25. Subsection (1) of section 101.572, Florida

2607 Statutes, is amended to read:

2608 101.572 Public inspection of ballots.—

2609 ~~(1) The official ballots and ballot cards received from~~

2610 ~~election boards and removed from vote-by-mail ballot mailing~~

2611 ~~envelopes and voter certificates on such mailing envelopes shall~~

2612 ~~be open for public inspection or examination while in the~~

2613 ~~custody of the supervisor of elections or the county canvassing~~

2614 ~~board at any reasonable time, under reasonable conditions;~~

2615 ~~however, no persons other than the supervisor of elections or~~

2616 ~~his or her employees or the county canvassing board shall handle~~

2617 ~~any official ballot or ballot card. If the ballots are being~~

2618 ~~examined prior to the end of the contest period in s. 102.168,~~

2619 ~~the supervisor of elections shall make a reasonable effort to~~

2620 ~~notify all candidates whose names appear on such ballots or~~

2621 ~~ballot cards by telephone or otherwise of the time and place of~~

2622 ~~the inspection or examination. All such candidates, or their~~

2623 ~~representatives, shall be allowed to be present during the~~

2624 ~~inspection or examination.~~

2625 Section 26. Paragraph (a) of subsection (1) and paragraphs

2626 (c) and (d) of subsection (3) of section 101.62, Florida

2627 Statutes, are amended, and subsection (7) is added to that

2628 section, to read:

2629 101.62 Request for vote-by-mail ballots.—

2630 (1) REQUEST.—

2631 (a) The supervisor shall accept a request for a vote-by

2632 mail ballot only from a voter or, if directly instructed by the

2633 voter, a member of the voter’s immediate family or the voter’s

2634 legal guardian. A request may be made in person, in writing, by

2635 telephone, or through the supervisor’s website. The department

2636 shall prescribe by rule by October 1, 2023, a uniform statewide

2637 application to make a written request for a vote-by-mail ballot

2638 which includes fields for all information required in this

2639 subsection. One request is deemed sufficient to receive a vote

2640 by-mail ballot for all elections until the voter or the voter’s

2641 designee notifies the supervisor that the voter cancels such

2642 request ~~through the end of the calendar year of the next~~

2643 ~~regularly scheduled general election~~ , unless the voter or the

2644 voter’s designee indicates at the time the request is made the

2645 elections ~~within such period~~ for which the voter desires to

2646 receive a vote-by-mail ballot. The supervisor must cancel a

2647 request for a vote-by-mail ballot when any first-class mail or

2648 nonforwardable mail sent by the supervisor to the voter is

2649 returned as undeliverable. If the voter requests a vote-by-mail

2650 ballot thereafter, the voter must provide or confirm his or her

2651 current residential address.

2652 (3) DELIVERY OF VOTE-BY-MAIL BALLOTS.—

2653 (c) Except as otherwise provided in paragraph (a) or

2654 paragraph (b), the supervisor shall mail vote-by-mail ballots

2655 within 2 business days after receiving a request for such a

2656 ballot, but no later than the 11th ~~10th~~ day before election day.

2657 The deadline to submit a request for a ballot to be mailed is 5

2658 p.m. local time on the 12th day before an upcoming election.

2659 (d) Upon a request for a vote-by-mail ballot, the

2660 supervisor shall provide a vote-by-mail ballot to each voter by

2661 whom a request for that ballot has been made, by one of the

2662 following means:

2663 1. By nonforwardable, return-if-undeliverable mail to the

2664 voter’s current mailing address on file with the supervisor or

2665 any other address the voter specifies in the request. The

2666 envelopes must be prominently marked “Do Not Forward.”

2667 2. By forwardable mail, e-mail, or facsimile machine

2668 transmission to absent uniformed services voters and overseas

2669 voters. The absent uniformed services voter or overseas voter

2670 may designate in the vote-by-mail ballot request the preferred

2671 method of transmission. If the voter does not designate the

2672 method of transmission, the vote-by-mail ballot must be mailed.

2673 3. By personal delivery to the voter after vote-by-mail

2674 ballots have been mailed and up to 7 p.m. on election day upon

2675 presentation of the identification required in s. 101.043.

2676 4. By delivery to the voter’s designee after vote-by-mail

2677 ballots have been mailed and up to 7 p.m. on election day. Any

2678 voter may designate in writing a person to pick up the ballot

2679 for the voter ~~; however, the person designated may not pick up~~

2680 ~~more than two vote-by-mail ballots per election, other than the~~

2681 ~~designee’s own ballot, except that additional ballots may be~~

2682 ~~picked up for members of the designee’s immediate family~~ . ~~The~~

2683 ~~designee shall provide to the supervisor the written~~

2684 ~~authorization by the voter and a picture identification of the~~

2685 ~~designee and must complete an affidavit. The designee shall~~

2686 ~~state in the affidavit that the designee is authorized by the~~

2687 ~~voter to pick up that ballot and shall indicate if the voter is~~

2688 ~~a member of the designee’s immediate family and, if so, the~~

2689 ~~relationship. The department shall prescribe the form of the~~

2690 ~~affidavit. If the supervisor is satisfied that the designee is~~

2691 ~~authorized to pick up the ballot and that the signature of the~~

2692 ~~voter on the written authorization matches the signature of the~~

2693 ~~voter on file, the supervisor must give the ballot to that~~

2694 ~~designee for delivery to the voter.~~

2695 5. Except as provided in s. 101.655, the supervisor may not

2696 deliver a vote-by-mail ballot to a voter or a voter’s designee

2697 pursuant to subparagraph 3. or subparagraph 4., respectively,

2698 during the mandatory early voting period and up to 7 p.m. on

2699 election day, unless there is an emergency, to the extent that

2700 the voter will be unable to go to a designated early voting site

2701 in his or her county or to his or her assigned polling place on

2702 election day. If a vote-by-mail ballot is delivered, the voter

2703 or his or her designee must execute an affidavit affirming to

2704 the facts which allow for delivery of the vote-by-mail ballot.

2705 The department shall adopt a rule providing for the form of the

2706 affidavit.

2707 (7) DEADLINE EXTENSION.—If a deadline under this section

2708 falls on a day when the office of the supervisor is scheduled to

2709 be closed, the deadline must be extended until the next business

2710 day.

2711 Section 27. Paragraph (a) of subsection (1) and subsections

2712 (2) and (4) of section 101.64, Florida Statutes, are amended to

2713 read:

2714 101.64 Delivery of vote-by-mail ballots; envelopes; form.—

2715 (1)(a) The supervisor shall enclose with each vote-by-mail

2716 ballot two envelopes: a secrecy envelope, into which the absent

2717 voter must ~~elector shall~~ enclose his or her marked ballot; and a

2718 postage prepaid mailing envelope, into which the absent voter

2719 must ~~elector shall~~ then place the secrecy envelope, which must

2720 ~~shall~~ be addressed to the supervisor and also bear on the back

2721 side a certificate in substantially the following form:

2723 Note: Please Read Instructions Carefully Before

2724 Marking Ballot and Completing Voter’s Certificate.

2725 VOTER’S CERTIFICATE

2726 I, ...., do solemnly swear or affirm that I am a qualified

2727 and registered voter of .... County, Florida, and that I have

2728 not and will not vote more than one ballot in this election. I

2729 understand that if I commit or attempt to commit any fraud in

2730 connection with voting, vote a fraudulent ballot, or vote more

2731 than once in an election, I can be convicted of a felony of the

2732 third degree and fined up to $5,000 and/or imprisoned for up to

2733 5 years. I also understand that failure to sign this certificate

2734 will invalidate my ballot.

2735 ...(Date)...

2736 ...(Voter’s Signature or Last Four Digits of Social Security

2737 Number )...

2738 ...(E-Mail Address)... ...(Home Telephone Number)...

2739 ...(Mobile Telephone Number)...

2741 (2) The certificate must ~~shall~~ be arranged on the back of

2742 the mailing envelope so that the line for the signature or last

2743 four digits of the social security number of the voter are

2744 ~~absent elector is~~ across the seal of the envelope; however, a no

2745 statement may not ~~shall~~ appear on the envelope which indicates

2746 that a signature or the last four digits of the social security

2747 number of the voter must cross the seal of the envelope. The

2748 voter must ~~absent elector shall~~ execute the certificate on the

2749 envelope.

2750 (4) The supervisor shall mark, code, indicate on, or

2751 otherwise track the precinct of the voter ~~absent elector~~ for

2752 each vote-by-mail ballot.

2753 Section 28. Section 101.65, Florida Statutes, is amended to

2754 read:

2755 101.65 Instructions to absent electors.—The supervisor

2756 shall enclose with each vote-by-mail ballot separate printed

2757 instructions in substantially the following form; however, where

2758 the instructions appear in capitalized text, the text of the

2759 printed instructions must be in bold font:

2761 READ THESE INSTRUCTIONS CAREFULLY

2762 BEFORE MARKING BALLOT.

2764 1. VERY IMPORTANT. In order to ensure that your vote-by

2765 mail ballot will be counted, it should be completed and returned

2766 as soon as possible so that it can reach the supervisor of

2767 elections of the county in which your precinct is located no

2768 later than 7 p.m. on the day of the election. However, if you

2769 are an overseas voter casting a ballot in a presidential

2770 preference primary or general election, your vote-by-mail ballot

2771 must be postmarked or dated no later than the date of the

2772 election and received by the supervisor of elections of the

2773 county in which you are registered to vote no later than 10 days

2774 after the date of the election. Note that the later you return

2775 your ballot, the less time you will have to cure any signature

2776 deficiencies, which may cause your ballot not to be counted is

2777 ~~authorized until 5 p.m. on the 2nd day after the election~~ . If

2778 there is a problem with your signature, the supervisor of

2779 elections must notify you as soon as practicable, and you have

2780 until 5 p.m. on the second day after the election to correct it.

2781 2. Mark your ballot in secret as instructed on the ballot.

2782 You must mark your own ballot unless you are unable to do so

2783 because of blindness, disability, or inability to read or write.

2784 3. Mark only the number of candidates or issue choices for

2785 a race as indicated on the ballot. If you are allowed to “Vote

2786 for One” candidate and you vote for more than one candidate,

2787 your vote in that race will not be counted.

2788 4. Place your marked ballot in the enclosed secrecy

2789 envelope.

2790 5. Insert the secrecy envelope into the enclosed mailing

2791 envelope which is addressed to the supervisor.

2792 6. Seal the mailing envelope and completely fill out the

2793 Voter’s Certificate on the back of the mailing envelope.

2794 7. VERY IMPORTANT. In order for your vote-by-mail ballot to

2795 be counted, you must sign your name or print the last four

2796 digits of your social security number on the line above (Voter’s

2797 Signature or Last Four Digits of Social Security Number ). A

2798 vote-by-mail ballot will be considered illegal and not be

2799 counted if the signature or the last four digits of the social

2800 security number on the voter’s certificate do ~~does~~ not match the

2801 signature or social security number on record. The signature on

2802 file at the time the supervisor of elections in the county in

2803 which your precinct is located receives your vote-by-mail ballot

2804 is the signature that will be used to verify your signature on

2805 the voter’s certificate. If you need to update your signature

2806 for this election, send your signature update on a voter

2807 registration application to your supervisor of elections ~~so that~~

2808 ~~it is received before your vote-by-mail ballot is received~~ .

2809 8. VERY IMPORTANT. If you are an overseas voter, you must

2810 include the date you signed the Voter’s Certificate or printed

2811 the last four digits of your social security number on the line

2812 above (Date) or your ballot may not be counted.

2813 9. Mail, deliver, or have delivered the completed mailing

2814 envelope. If mailing, be sure there is sufficient postage if the

2815 mailing envelope is not already postage-paid ~~mailed~~ . THE

2816 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE

2817 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS

2818 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE

2819 STATION, AVAILABLE AT EACH EARLY VOTING LOCATION.

2820 10. FELONY NOTICE. It is a felony under Florida law to

2821 accept any gift, payment, or gratuity in exchange for your vote

2822 for a candidate. It is also a felony under Florida law to vote

2823 in an election using a false identity or false address, or under

2824 any other circumstances making your ballot false or fraudulent.

2825 Section 29. Paragraphs (a) and (b) of subsection (1),

2826 paragraph (c) of subsection (2), and paragraphs (a), (c), and

2827 (d) of subsection (4) of section 101.68, Florida Statutes, are

2828 amended to read:

2829 101.68 Canvassing of vote-by-mail ballot.—

2830 (1)(a) The supervisor of the county where the absent

2831 elector resides shall receive the voted ballot, at which time

2832 the supervisor shall compare the signature or the last four

2833 digits of the social security number of the elector on the

2834 voter’s certificate with the signature or the last four digits

2835 of the social security number of the elector in the registration

2836 books or the precinct register to determine whether the elector

2837 is duly registered in the county and must record on the

2838 elector’s registration record that the elector has voted. During

2839 the signature comparison process, the supervisor may not use any

2840 knowledge of the political affiliation of the elector whose

2841 signature is subject to verification.

2842 (b) An elector who dies after casting a vote-by-mail ballot

2843 but on or before election day must ~~shall~~ remain listed in the

2844 registration books until the results have been certified for the

2845 election in which the ballot was cast. The supervisor shall

2846 safely keep the ballot unopened in his or her office until the

2847 county canvassing board canvasses the vote pursuant to

2848 subsection (2).

2849 (2)

2850 (c)1. The canvassing board must, if the supervisor has not

2851 already done so, compare the signature or the last four digits

2852 of the social security number of the elector on the voter’s

2853 certificate or on the vote-by-mail ballot cure affidavit as

2854 provided in subsection (4) with the signature or last four

2855 digits of the social security number of the elector in the

2856 registration books or the precinct register to see that the

2857 elector is duly registered in the county and to determine the

2858 validity ~~legality~~ of that vote-by-mail ballot. A vote-by-mail

2859 ballot may only be counted if:

2860 a. The signature or last four digits of the social security

2861 number on the voter’s certificate or the cure affidavit match

2862 ~~matches~~ the elector’s signature or last four digits of the

2863 social security number in the registration books or precinct

2864 register; however, in the case of a cure affidavit, the

2865 supporting identification listed in subsection (4) must also

2866 confirm the identity of the elector; or

2867 b. The cure affidavit contains a signature or the last four

2868 digits of a social security number which do ~~that does~~ not match

2869 the elector’s signature or last four digits of the social

2870 security number in the registration books or precinct register,

2871 but the elector has submitted a current and valid Tier 1

2872 identification pursuant to subsection (4) which confirms the

2873 identity of the elector.

2875 For purposes of this subparagraph, any canvassing board finding

2876 that an elector’s signatures or last four digits of the

2877 elector’s social security number do not match must be by

2878 majority vote and beyond a reasonable doubt.

2879 2. The ballot of an elector who casts a vote-by-mail ballot

2880 shall be counted even if the elector dies on or before election

2881 day, as long as, before the death of the voter, the ballot was

2882 postmarked by the United States Postal Service, date-stamped

2883 with a verifiable tracking number by a common carrier, or

2884 already in the possession of the supervisor.

2885 3. A vote-by-mail ballot is not considered invalid ~~illegal~~

2886 if the signature or last four digits of the social security

2887 number of the elector do ~~does~~ not cross the seal of the mailing

2888 envelope.

2889 4. ~~If any elector or candidate present believes that a~~

2890 ~~vote-by-mail ballot is illegal due to a defect apparent on the~~

2891 ~~voter’s certificate or the cure affidavit, he or she may, at any~~

2892 ~~time before the ballot is removed from the envelope, file with~~

2893 ~~the canvassing board a protest against the canvass of that~~

2894 ~~ballot, specifying the precinct, the voter’s certificate or the~~

2895 ~~cure affidavit, and the reason he or she believes the ballot to~~

2896 ~~be illegal. A challenge based upon a defect in the voter’s~~

2897 ~~certificate or cure affidavit may not be accepted after the~~

2898 ~~ballot has been removed from the mailing envelope.~~

2899 5. If the canvassing board determines that a ballot is

2900 invalid ~~illegal~~ , a member of the board must, without opening the

2901 envelope, mark across the face of the envelope: “rejected as

2902 invalid ~~illegal~~ .” The cure affidavit, if applicable, the

2903 envelope, and the ballot therein must ~~shall~~ be preserved in the

2904 manner that official ballots are preserved.

2905 (4)(a) As soon as practicable, the supervisor shall, on

2906 behalf of the county canvassing board, attempt to notify an

2907 elector who has returned a vote-by-mail ballot that does not

2908 include the elector’s signature or last four digits of the

2909 elector’s social security number or contains a signature or the

2910 last four digits of a social security number that do ~~does~~ not

2911 match the elector’s signature or last four digits of the

2912 elector’s social security number in the registration books or

2913 precinct register by:

2914 1. Notifying the elector of the signature or last four

2915 digits of the social security number deficiency by e-mail and

2916 directing the elector to the cure affidavit and instructions on

2917 the supervisor’s website;

2918 2. Notifying the elector of the signature or last four

2919 digits of the social security number deficiency by text message

2920 and directing the elector to the cure affidavit and instructions

2921 on the supervisor’s website; or

2922 3. Notifying the elector of the signature or last four

2923 digits of the social security number deficiency by telephone and

2924 directing the elector to the cure affidavit and instructions on

2925 the supervisor’s website.

2927 In addition to the notification required under subparagraph 1.,

2928 subparagraph 2., or subparagraph 3., the supervisor must notify

2929 the elector of the signature or last four digits of the social

2930 security number deficiency by first-class mail and direct the

2931 elector to the cure affidavit and instructions on the

2932 supervisor’s website. Beginning the day before the election, the

2933 supervisor is not required to provide notice of the signature

2934 deficiency by first-class mail, but shall continue to provide

2935 notice as required under subparagraph 1., subparagraph 2., or

2936 subparagraph 3.

2937 (c) The elector must complete a cure affidavit in

2938 substantially the following form:

2940 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT

2942 I, ...., am a qualified voter in this election and

2943 registered voter of .... County, Florida. I do solemnly swear or

2944 affirm that I requested and returned the vote-by-mail ballot and

2945 that I have not and will not vote more than one ballot in this

2946 election. I understand that if I commit or attempt any fraud in

2947 connection with voting, vote a fraudulent ballot, or vote more

2948 than once in an election, I may be convicted of a felony of the

2949 third degree and fined up to $5,000 and imprisoned for up to 5

2950 years. I understand that my failure to sign this affidavit means

2951 that my vote-by-mail ballot will be invalidated.

2953 ...(Voter’s Signature or Last Four Digits of Social Security

2954 Number )...

2955 ...(Address)...

2957 (d) Instructions must accompany the cure affidavit in

2958 substantially the following form:

2960 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE

2961 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR

2962 BALLOT NOT TO COUNT.

2964 1. In order to ensure that your vote-by-mail ballot will be

2965 counted, your affidavit should be completed and returned as soon

2966 as possible so that it can reach the supervisor of elections of

2967 the county in which your precinct is located no later than 5

2968 p.m. on the 2nd day after the election.

2969 2. You must sign your name or print the last four digits of

2970 your social security number on the line above (Voter’s Signature

2971 or Last Four Digits of Social Security Number ).

2972 3. You must make a copy of one of the following forms of

2973 identification:

2974 a. Tier 1 identification.—Current and valid identification

2975 that includes your name and photograph: Florida driver license;

2976 Florida identification card issued by the Department of Highway

2977 Safety and Motor Vehicles; United States passport; debit or

2978 credit card; military identification; student identification;

2979 retirement center identification; neighborhood association

2980 identification; public assistance identification; veteran health

2981 identification card issued by the United States Department of

2982 Veterans Affairs; a Florida license to carry a concealed weapon

2983 or firearm; or an employee identification card issued by any

2984 branch, department, agency, or entity of the Federal Government,

2985 the state, a county, or a municipality; or

2986 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1

2987 FORM OF IDENTIFICATION, identification that shows your name and

2988 current residence address: current utility bill, bank statement,

2989 government check, paycheck, or government document (excluding

2990 voter information card).

2991 4. Place the envelope bearing the affidavit into a mailing

2992 envelope addressed to the supervisor. Insert a copy of your

2993 identification in the mailing envelope. Mail (if time permits),

2994 deliver, or have delivered the completed affidavit along with

2995 the copy of your identification to your county supervisor of

2996 elections. Be sure there is sufficient postage if mailed and

2997 that the supervisor’s address is correct. Remember, your

2998 information MUST reach your county supervisor of elections no

2999 later than 5 p.m. on the 2nd day after the election, or your

3000 ballot will not count.

3001 5. Alternatively, you may hand deliver, fax , or e-mail your

3002 completed affidavit and a copy of your identification to the

3003 supervisor of elections. If e-mailing, please provide these

3004 documents as attachments.

3005 Section 30. Section 101.69, Florida Statutes, is amended to

3006 read:

3007 101.69 Voting in person; return of vote-by-mail ballot.—

3008 (1) The provisions of this code may ~~shall~~ not be construed

3009 to prohibit any voter ~~elector~~ from voting in person at the

3010 voter’s ~~elector’s~~ precinct on the day of an election or at an

3011 early voting site, notwithstanding that the voter ~~elector~~ has

3012 requested a vote-by-mail ballot for that election. A voter An

3013 ~~elector~~ who has returned a voted vote-by-mail ballot to the

3014 supervisor, however, is deemed to have cast his or her ballot

3015 and is not entitled to vote another ballot or to have a

3016 provisional ballot counted by the county canvassing board. A

3017 voter ~~An elector~~ who has received a vote-by-mail ballot and has

3018 not returned the voted ballot to the supervisor, but desires to

3019 vote in person, shall return the ballot, whether voted or not,

3020 to the election board in the voter’s ~~elector’s~~ precinct or to an

3021 early voting site. The returned ballot must ~~shall~~ be marked

3022 “canceled” by the board and placed with other canceled ballots.

3023 However, if the voter ~~elector~~ does not return the ballot and the

3024 election official:

3025 (a) Confirms that the supervisor has received the voter’s

3026 ~~elector’s~~ vote-by-mail ballot, the voter may ~~elector shall~~ not

3027 be allowed to vote in person. If the voter ~~elector~~ maintains

3028 that he or she has not returned the vote-by-mail ballot or

3029 remains eligible to vote, the voter must ~~elector shall~~ be

3030 provided a provisional ballot as provided in s. 101.048.

3031 (b) Confirms that the supervisor has not received the

3032 voter’s ~~elector’s~~ vote-by-mail ballot, the voter must ~~elector~~

3033 ~~shall~~ be allowed to vote in person as provided in this code. The

3034 voter’s ~~elector’s~~ vote-by-mail ballot, if subsequently received,

3035 may ~~shall~~ not be counted and must ~~shall~~ remain in the mailing

3036 envelope, and the envelope must ~~shall~~ be marked “Rejected as

3037 Illegal.”

3038 (c) Cannot determine whether the supervisor has received

3039 the voter’s ~~elector’s~~ vote-by-mail ballot, the voter ~~elector~~ may

3040 vote a provisional ballot as provided in s. 101.048.

3041 (2)(a) The supervisor shall allow a voter ~~an elector~~ who

3042 has received a vote-by-mail ballot to physically return a voted

3043 vote-by-mail ballot to the supervisor by placing the return mail

3044 envelope containing his or her marked ballot in a secure ballot

3045 intake station. Secure ballot intake stations must ~~shall~~ be

3046 placed at the main office of the supervisor, at each permanent

3047 branch office of the supervisor which meets the criteria set

3048 forth in s. 101.657(1)(a) for branch offices used for early

3049 voting and which is open for at least the minimum number of

3050 hours prescribed by s. 98.015(4), and at each early voting site.

3051 Secure ballot intake stations may also be placed at any other

3052 site that would otherwise qualify as an early voting site under

3053 s. 101.657(1). Secure ballot intake stations must be

3054 geographically located so as to provide all voters in the county

3055 with an equal opportunity to cast a ballot, insofar as is

3056 practicable. ~~Except for secure ballot intake stations at an~~

3057 ~~office of the supervisor, a secure ballot intake station may~~

3058 ~~only be used during the county’s early voting hours of operation~~

3059 ~~and must be monitored in person by an employee of the~~

3060 ~~supervisor’s office.~~ A secure ballot intake station at an office

3061 of the supervisor must be ~~continuously~~ monitored ~~in person~~ by an

3062 ~~employee of~~ the supervisor’s office when the secure ballot

3063 intake station is accessible for deposit of ballots.

3064 (b) A supervisor shall designate each secure ballot intake

3065 station location at least 30 days before an election. The

3066 supervisor shall provide the address of each secure ballot

3067 intake station location to the division at least 30 days before

3068 an election. After a secure ballot intake station location has

3069 been designated, it may not be moved or changed except as

3070 approved by the division to correct a violation of this

3071 subsection.

3072 (c)1. On each day of early voting, all secure ballot intake

3073 stations must be emptied at the end of early voting hours and

3074 all ballots retrieved from the secure ballot intake stations

3075 must be returned to the supervisor’s office.

3076 2. For secure ballot intake stations located at an office

3077 of the supervisor, all ballots must be retrieved before the

3078 secure ballot intake station is no longer monitored by an

3079 ~~employee of~~ the supervisor.

3080 3. Employees of the supervisor must comply with procedures

3081 for the chain of custody of ballots as required by s.

3082 101.015(4).

3083 ~~(3) If any secure ballot intake station is left accessible~~

3084 ~~for ballot receipt other than as authorized by this section, the~~

3085 ~~supervisor is subject to a civil penalty of $25,000. The~~

3086 ~~division is authorized to enforce this provision.~~

3087 Section 31. Section 104.0616, Florida Statutes, is

3088 repealed.

3089 Section 32. Subsection (1) of section 104.155, Florida

3090 Statutes, is amended to read:

3091 104.155 Unqualified noncitizen electors willfully voting;

3092 prohibited defenses; aiding or soliciting noncitizen electors in

3093 voting prohibited.—

3094 (1) Any person who is not a qualified elector because he or

3095 she is not a citizen of the United States and who willfully

3096 votes in any election is guilty of a felony of the third degree,

3097 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3098 ~~A person’s ignorance of his or her citizenship status or a~~

3099 ~~person’s bona fide belief of his or her citizenship status~~

3100 ~~cannot be raised as a defense in a prosecution for a violation~~

3101 ~~of this subsection.~~

3102 Section 33. Subsection (1) of section 104.42, Florida

3103 Statutes, is amended to read:

3104 104.42 Fraudulent registration and illegal voting;

3105 investigation.—

3106 (1) The supervisor of elections is authorized to

3107 investigate fraudulent registrations and illegal voting and to

3108 report his or her findings to the local state attorney ~~and the~~

3109 ~~Office of Election Crimes and Security~~ .

3110 Section 34. Paragraph (a) of subsection (3) of section

3111 921.0022, Florida Statutes, is amended to read:

3112 921.0022 Criminal Punishment Code; offense severity ranking

3113 chart.—

3114 (3) OFFENSE SEVERITY RANKING CHART

3115 (a) LEVEL 1

3117 FloridaStatute FelonyDegree Description

3118 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.

3119 ~~104.0616(2)~~ ~~3rd~~ ~~Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.~~

3120 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.

3121 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.

3122 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.

3123 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.

3124 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.

3125 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.

3126 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.

3127 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.

3128 322.212(5)(a) 3rd False application for driver license or identification card.

3129 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.

3130 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.

3131 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.

3132 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.

3133 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.

3134 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).

3135 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).

3136 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.

3137 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.

3138 826.01 3rd Bigamy.

3139 828.122(3) 3rd Fighting or baiting animals.

3140 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.

3141 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.

3142 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.

3143 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.

3144 838.15(2) 3rd Commercial bribe receiving.

3145 838.16 3rd Commercial bribery.

3146 843.18 3rd Fleeing by boat to elude a law enforcement officer.

3147 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).

3148 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.

3149 849.23 3rd Gambling-related machines; “common offender” as to property rights.

3150 849.25(2) 3rd Engaging in bookmaking.

3151 860.08 3rd Interfere with a railroad signal.

3152 860.13(1)(a) 3rd Operate aircraft while under the influence.

3153 893.13(2)(a)2. 3rd Purchase of cannabis.

3154 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).

3155 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.

3156 Section 35. Except as otherwise expressly provided in this

3157 act and except for this section, which shall take effect upon

3158 this act becoming a law, this act shall take effect July 1,

3159 2026.