Senate Bill 1276

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 1276

    By Senator Gutman





    34-1108-99                                              See HB

  1                      A bill to be entitled

  2         An act relating to voter registration; amending

  3         s. 97.052, F.S.; eliminating information and

  4         notice requirements relating to homestead

  5         exemption from the uniform statewide voter

  6         registration application; repealing s.

  7         98.015(11), F.S.; eliminating the requirement

  8         that a supervisor of elections must forward to

  9         the property appraiser the names and homestead

10         addresses of persons registering to vote at an

11         address other than that at which they claim a

12         homestead exemption; amending s. 196.141, F.S.;

13         eliminating the requirement that the property

14         appraiser examine such forwarded information to

15         determine whether to initiate procedures to

16         terminate a person's homestead exemption and

17         assess back taxes; providing an effective date.

18

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

20

21         Section 1.  Subsections (2) and (3) of section 97.052,

22  Florida Statutes, 1998 Supplement, as amended by chapter

23  98-129, Laws of Florida, are amended to read:

24         97.052  Uniform statewide voter registration

25  application.--

26         (2)  The uniform statewide voter registration

27  application must be designed to elicit the following

28  information from the applicant:

29         (a)  Full name.

30         (b)  Date of birth.

31         (c)  Address of legal residence.

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    Florida Senate - 1999                                  SB 1276
    34-1108-99                                              See HB




  1         (d)  Mailing address, if different.

  2         (e)  County of legal residence.

  3         (f)  Address of property for which the applicant has

  4  been granted a homestead exemption, if any.

  5         (f)(g)  Race or ethnicity that best describes the

  6  applicant:

  7         1.  American Indian or Alaskan Native.

  8         2.  Asian or Pacific Islander.

  9         3.  Black, not Hispanic.

10         4.  White, not Hispanic.

11         5.  Hispanic.

12         (g)(h)  Sex.

13         (h)(i)  Party affiliation.

14         (i)(j)  Whether the applicant needs assistance in

15  voting.

16         (j)(k)  Name and address where last registered.

17         (k)(l)  Last four digits of the applicant's social

18  security number.

19         (l)(m)  Florida driver's license number or the

20  identification number from a Florida identification card

21  issued under s. 322.051.

22         (m)(n)  Telephone number (optional).

23         (n)(o)  Signature of applicant under penalty for false

24  swearing pursuant to s. 104.011, by which the person

25  subscribes to the oath required by s. 3, Art. VI of the State

26  Constitution and s. 97.051, and swears or affirms that the

27  information contained in the registration application is true.

28         (o)(p)  Whether the application is being used for

29  initial registration, to update a voter registration record,

30  or to request a replacement registration identification card.

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    Florida Senate - 1999                                  SB 1276
    34-1108-99                                              See HB




  1         (p)(q)  Whether the applicant is a citizen of the

  2  United States.

  3         (q)(r)  That the applicant has not been convicted of a

  4  felony or, if convicted, has had his or her civil rights

  5  restored.

  6         (r)(s)  That the applicant has not been adjudicated

  7  mentally incapacitated with respect to voting or, if so

  8  adjudicated, has had his or her right to vote restored.

  9

10  The registration form must be in plain language and designed

11  so that convicted felons whose civil rights have been restored

12  and persons who have been adjudicated mentally incapacitated

13  and have had their voting rights restored are not required to

14  reveal their prior conviction or adjudication.

15         (3)  The uniform statewide voter registration

16  application must also contain:

17         (a)  The oath required by s. 3, Art. VI of the State

18  Constitution and s. 97.051.

19         (b)  A statement specifying each eligibility

20  requirement under s. 97.041.

21         (c)  The penalties provided in s. 104.011 for false

22  swearing in connection with voter registration.

23         (d)  A statement that, if an applicant declines to

24  register to vote, the fact that the applicant has declined to

25  register will remain confidential and may be used only for

26  voter registration purposes.

27         (e)  A statement that informs the applicant who chooses

28  to register to vote or update a voter registration record that

29  the office at which the applicant submits a voter registration

30  application or updates a voter registration record will remain

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    Florida Senate - 1999                                  SB 1276
    34-1108-99                                              See HB




  1  confidential and may be used only for voter registration

  2  purposes.

  3         (f)  A statement that informs the applicant that any

  4  person who has been granted a homestead exemption in this

  5  state, and who registers to vote in any precinct other than

  6  the one in which the property for which the homestead

  7  exemption has been granted, shall have that information

  8  forwarded to the property appraiser where such property is

  9  located, which may result in the person's homestead exemption

10  being terminated and the person being subject to assessment of

11  back taxes under s. 193.092, unless the homestead granted the

12  exemption is being maintained as the permanent residence of a

13  legal or natural dependent of the owner and the owner resides

14  elsewhere.

15         Section 2.  Subsection (11) of section 98.015, Florida

16  Statutes, 1998 Supplement, is repealed:

17         98.015  Supervisor of elections; election, tenure of

18  office, compensation, custody of books, office hours,

19  successor, seal; appointment of deputy supervisors; duties.--

20         (11)  Each supervisor of elections shall forward to the

21  property appraiser for the county in which the homestead is

22  claimed the name of the person and the address of the

23  homestead of each person who registers to vote at an address

24  other than that at which the person claims a homestead

25  exemption, as disclosed on the uniform statewide voter

26  registration application pursuant to s. 97.052.

27         Section 3.  Section 196.141, Florida Statutes, 1998

28  Supplement, is amended to read:

29         196.141  Homestead exemptions; duty of property

30  appraiser.--

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    Florida Senate - 1999                                  SB 1276
    34-1108-99                                              See HB




  1         (1)  The property appraiser shall examine each claim

  2  for exemption filed with or referred to him or her and shall

  3  allow the same, if found to be in accordance with law, by

  4  marking the same approved and by making the proper deductions

  5  on the tax books.

  6         (2)  The property appraiser shall examine each

  7  referral, of a person registering to vote at an address

  8  different from the one where the person has filed for a

  9  homestead exemption, which has been provided by a supervisor

10  of elections pursuant to s. 98.015. The property appraiser

11  shall initiate procedures to terminate a person's homestead

12  exemption and assess back taxes, if appropriate, if the person

13  claiming such exemption is not entitled to the exemption under

14  law.

15         Section 4.  This act shall take effect July 1, 1999.

16

17            *****************************************

18                          HOUSE SUMMARY

19
      Revises the uniform statewide voter registration
20    application to eliminate both the solicitation of
      information relating to address of property granted a
21    homestead exemption, if any, and the notice to the
      applicant relating to the consequences of registering to
22    vote in a precinct other than that in which the homestead
      property that has been granted such exemption is located.
23    Eliminates the requirement that a supervisor of elections
      must forward to the property appraiser the names and
24    homestead addresses of persons registering to vote at an
      address other than that at which they claim a homestead
25    exemption and the corresponding requirement that the
      property appraiser examine such forwarded information to
26    determine whether to initiate procedures to terminate a
      person's homestead exemption and assess back taxes.
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