House Bill hb0493
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Florida House of Representatives - 2002 HB 493
By Representative Fiorentino
1 A bill to be entitled
2 An act relating to voter registration; amending
3 s. 97.052, F.S.; authorizing private
4 individuals and groups to reproduce voter
5 registration applications under certain
6 conditions; deleting the requirement to provide
7 on a voter registration application the
8 applicant's address of property for which a
9 homestead exemption has been granted, if any;
10 deleting the required statement informing
11 applicants granted a homestead exemption of the
12 repercussions of registering in a precinct
13 other than that in which the homestead property
14 is located; repealing s. 98.015(11), F.S.,
15 relating to duty of the supervisor of elections
16 to report to the property appraiser certain
17 information on a person registering to vote at
18 an address different from the one where the
19 person has filed for a homestead exemption, to
20 conform; amending s. 196.141, F.S.; deleting
21 the requirement for the property appraiser to
22 review information provided by the supervisor
23 of elections on certain voters and to initiate
24 procedures to terminate homestead exemptions
25 and assess back taxes, as appropriate, to
26 conform; amending s. 97.057, F.S.; requiring
27 the Department of Highway Safety and Motor
28 Vehicles to forward copies of unsigned voter
29 registration applications within a specified
30 period to the appropriate supervisors of
31 elections; amending s. 97.058, F.S.; requiring
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1 voter registration agencies to forward copies
2 of incompleted voter registration applications
3 within a specified period to the appropriate
4 supervisors of elections; amending s. 97.071,
5 F.S.; requiring voter registration
6 identification cards to have the name, rather
7 than the signature, of the supervisor of
8 elections; amending s. 97.1031, F.S.; revising
9 notice requirements for change of residence
10 within the same county; amending s. 98.0977,
11 F.S.; revising duties of the supervisor of
12 elections relating to maintenance of the voter
13 registration rolls; providing for an
14 administrative hearing, as an alternative to
15 notice, to determine the eligibility of voters
16 convicted of a felony or adjudicated mentally
17 incapacitated with respect to voting; providing
18 an effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Paragraph (c) of subsection (1) and
23 subsections (2) and (3) of section 97.052, Florida Statutes,
24 are amended to read:
25 97.052 Uniform statewide voter registration
26 application.--
27 (1) The department shall prescribe a uniform statewide
28 voter registration application for use in this state.
29 (c) The uniform statewide voter registration
30 application may not be reproduced by any private individual or
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1 group, provided the reproduced application is in the same
2 format as the application prescribed under this section.
3 (2) The uniform statewide voter registration
4 application must be designed to elicit the following
5 information from the applicant:
6 (a) Full name.
7 (b) Date of birth.
8 (c) Address of legal residence.
9 (d) Mailing address, if different.
10 (e) County of legal residence.
11 (f) Address of property for which the applicant has
12 been granted a homestead exemption, if any.
13 (f)(g) Race or ethnicity that best describes the
14 applicant:
15 1. American Indian or Alaskan Native.
16 2. Asian or Pacific Islander.
17 3. Black, not Hispanic.
18 4. White, not Hispanic.
19 5. Hispanic.
20 (g)(h) Sex.
21 (h)(i) Party affiliation.
22 (i)(j) Whether the applicant needs assistance in
23 voting.
24 (j)(k) Name and address where last registered.
25 (k)(l) Last four digits of the applicant's social
26 security number.
27 (l)(m) Florida driver's license number or the
28 identification number from a Florida identification card
29 issued under s. 322.051.
30 (m)(n) Telephone number (optional).
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1 (n)(o) Signature of applicant under penalty for false
2 swearing pursuant to s. 104.011, by which the person
3 subscribes to the oath required by s. 3, Art. VI of the State
4 Constitution and s. 97.051, and swears or affirms that the
5 information contained in the registration application is true.
6 (o)(p) Whether the application is being used for
7 initial registration, to update a voter registration record,
8 or to request a replacement registration identification card.
9 (p)(q) Whether the applicant is a citizen of the
10 United States.
11 (q)(r) That the applicant has not been convicted of a
12 felony or, if convicted, has had his or her civil rights
13 restored.
14 (r)(s) That the applicant has not been adjudicated
15 mentally incapacitated with respect to voting or, if so
16 adjudicated, has had his or her right to vote restored.
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18 The registration form must be in plain language and designed
19 so that convicted felons whose civil rights have been restored
20 and persons who have been adjudicated mentally incapacitated
21 and have had their voting rights restored are not required to
22 reveal their prior conviction or adjudication.
23 (3) The uniform statewide voter registration
24 application must also contain:
25 (a) The oath required by s. 3, Art. VI of the State
26 Constitution and s. 97.051.
27 (b) A statement specifying each eligibility
28 requirement under s. 97.041.
29 (c) The penalties provided in s. 104.011 for false
30 swearing in connection with voter registration.
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1 (d) A statement that, if an applicant declines to
2 register to vote, the fact that the applicant has declined to
3 register will remain confidential and may be used only for
4 voter registration purposes.
5 (e) A statement that informs the applicant who chooses
6 to register to vote or update a voter registration record that
7 the office at which the applicant submits a voter registration
8 application or updates a voter registration record will remain
9 confidential and may be used only for voter registration
10 purposes.
11 (f) A statement that informs the applicant that any
12 person who has been granted a homestead exemption in this
13 state, and who registers to vote in any precinct other than
14 the one in which the property for which the homestead
15 exemption has been granted, shall have that information
16 forwarded to the property appraiser where such property is
17 located, which may result in the person's homestead exemption
18 being terminated and the person being subject to assessment of
19 back taxes under s. 193.092, unless the homestead granted the
20 exemption is being maintained as the permanent residence of a
21 legal or natural dependent of the owner and the owner resides
22 elsewhere.
23 Section 2. Subsection (11) of 98.015, Florida
24 Statutes, is repealed:
25 98.015 Supervisor of elections; election, tenure of
26 office, compensation, custody of books, office hours,
27 successor, seal; appointment of deputy supervisors; duties.--
28 (11) Each supervisor of elections shall forward to the
29 property appraiser for the county in which the homestead is
30 claimed the name of the person and the address of the
31 homestead of each person who registers to vote at an address
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1 other than that at which the person claims a homestead
2 exemption, as disclosed on the uniform statewide voter
3 registration application pursuant to s. 97.052.
4 Section 3. Section 196.141, Florida Statutes, is
5 amended to read:
6 196.141 Homestead exemptions; duty of property
7 appraiser.--
8 (1) The property appraiser shall examine each claim
9 for exemption filed with or referred to him or her and shall
10 allow the same, if found to be in accordance with law, by
11 marking the same approved and by making the proper deductions
12 on the tax books.
13 (2) The property appraiser shall examine each
14 referral, of a person registering to vote at an address
15 different from the one where the person has filed for a
16 homestead exemption, which has been provided by a supervisor
17 of elections pursuant to s. 98.015. The property appraiser
18 shall initiate procedures to terminate a person's homestead
19 exemption and assess back taxes, if appropriate, if the person
20 claiming such exemption is not entitled to the exemption under
21 law.
22 Section 4. Paragraph (b) of subsection (2) of section
23 97.057, Florida Statutes, is amended to read:
24 97.057 Voter registration by the Department of Highway
25 Safety and Motor Vehicles.--
26 (2) The Department of Highway Safety and Motor
27 Vehicles shall:
28 (b) Require a driver's license examiner to inquire
29 orally, or inquire in writing if the applicant is hearing
30 impaired, and whether the applicant wishes to register to vote
31 or update a voter registration record during the completion of
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1 a driver's license or identification card application,
2 renewal, or change of address.
3 1. If the applicant chooses to register to vote or to
4 update a voter registration record:
5 a. All applicable information received by the
6 Department of Highway Safety and Motor Vehicles in the course
7 of filling out the forms necessary under subsection (1) must
8 be transferred to a voter registration application;
9 b. The additional necessary information must be
10 obtained by the driver's license examiner and must not
11 duplicate any information already obtained while completing
12 the forms required under subsection (1); and
13 c. A voter registration application with all of the
14 applicant's voter registration information must be presented
15 to the applicant to sign.
16 2. If the applicant declines to register to vote,
17 update the applicant's voter registration record, or change
18 the applicant's address by either orally declining or by
19 failing to sign the voter registration application, the
20 Department of Highway Safety and Motor Vehicles must keep the
21 declination for 2 years but must forward a copy of the
22 unsigned voter registration application within 5 days after
23 receipt to the appropriate supervisor of elections.
24 Section 5. Subsection (7) of of section 97.058,
25 Florida Statutes, is amended to read:
26 97.058 Voter registration agencies.--
27 (7) A voter registration agency must retain
28 declinations for a period of 2 years, during which time the
29 declinations are not considered a record of the client
30 pursuant to the laws governing the agency's records. However,
31 a voter registration agency must forward a copy of each
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1 incompleted voter registration application within 5 days after
2 receipt to the appropriate supervisor of elections.
3 Section 6. Paragraph (j) of subsection (1) of section
4 97.071, Florida Statutes, is amended to read:
5 97.071 Registration identification card.--
6 (1) A registration identification card must be
7 furnished to all voters registering under the permanent single
8 registration system and must contain:
9 (j) Name Signature of supervisor.
10 Section 7. Subsection (1) of section 97.1031, Florida
11 Statutes, is amended to read:
12 97.1031 Notice of change of residence within the same
13 county, change of name, or change of party.--
14 (1) When an elector moves from the address named on
15 that person's voter registration record to another address
16 within the same county, the elector must provide a signed,
17 written notification of such move to the supervisor of
18 elections of that county. The elector may provide the
19 supervisor a signed, written notice or may notify the
20 supervisor by telephone or electronic means. However,
21 notification of such move other than by signed, written notice
22 must include the elector's date of birth. and obtain A
23 registration identification card reflecting the new address of
24 legal residence shall be issued to the elector as provided in
25 subsection (4).
26 Section 8. Subsection (3) of section 98.0977, Florida
27 Statutes, is amended to read:
28 98.0977 Statewide voter registration database;
29 development and maintenance.--
30 (3)(a) In administering the database, each supervisor
31 of elections shall compare registration information provided
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1 by a voter with information held by the Department of Law
2 Enforcement, the Board of Executive Clemency, the Office of
3 Vital Statistics, and other relevant sources.
4 (b) The supervisor of elections shall remove from the
5 voter registration rolls the name of any person who is listed
6 in the database as deceased.
7 (c) Information in the database indicating that a
8 person registered to vote in a given county has subsequently
9 registered to vote in another jurisdiction shall be considered
10 as a written request from that voter to have his or her name
11 removed from the voter registration rolls of that county, and
12 the supervisor of elections of that county shall remove that
13 voter's name from the county's voter registration rolls.
14 (d) When If the supervisor of elections finds
15 information through the database that suggests that a voter
16 has been convicted of a felony and has not had his or her
17 civil rights restored or has been adjudicated mentally
18 incompetent and his or her mental capacity with respect to
19 voting has not been restored is ineligible to register to
20 vote, the supervisor of elections shall notify the voter by
21 certified United States mail. The notification shall contain
22 a statement as to the reason for the voter's potential
23 ineligibility to be registered register to vote and shall
24 request information from the voter on forms provided by the
25 supervisor of elections in order to make a final determination
26 on the voter's eligibility. As an alternative, the voter may
27 attend an administrative hearing at a time and place specified
28 in the notice. If there is evidence that the notice was not
29 received, notice must be given once by publication in a
30 newspaper of general circulation in the county. The notice
31 must plainly state that the voter is potentially ineligible to
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1 be registered to vote and must state a time and place for the
2 person to appear before the supervisor of elections to show
3 cause why his or her name should not be removed from the voter
4 registration rolls. After reviewing the information requested
5 by the supervisor of elections and provided by the voter, if
6 the supervisor of elections determines that the voter is not
7 eligible to vote under the laws of this state, the supervisor
8 of elections shall notify the voter by certified United States
9 mail that he or she has been found ineligible to be registered
10 register to vote in this state, shall state the reason for the
11 ineligibility, and shall inform the voter that he or she has
12 been will be removed from the voter registration rolls. The
13 supervisor of elections shall remove from the voter
14 registration rolls the name of any voter who fails either to
15 respond within 30 days to the notice sent by certified mail or
16 to attend the administrative hearing.
17 Section 9. This act shall take effect upon becoming a
18 law.
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2 HOUSE SUMMARY
3
Authorizes private individuals and groups to reproduce
4 voter registration applications under certain conditions.
Removes the requirement to provide on a voter
5 registration application the applicant's address of
property for which a homestead exemption has been
6 granted, if any; and eliminates notice and duties of the
supervisor of elections and property appraiser with
7 respect thereto, to conform. Requires the Department of
Highway Safety and Motor Vehicles to forward unsigned
8 voter registration applications within a specified period
to the appropriate supervisors of elections. Requires
9 voter registration agencies to forward copies of
incompleted voter registration applications within a
10 specified period to the appropriate supervisors of
elections. Requires voter registration identification
11 cards to have the name, rather than the signature, of the
supervisor of elections. Revises notice requirements for
12 change of residence within the same county. Revises
duties of the supervisor of elections relating to
13 maintenance of the voter registration rolls. Provides
for an administrative hearing, as an alternative to
14 notice, to determine the eligibility of voters convicted
of a felony or adjudicated mentally incapacitated with
15 respect to voting. See bill for details.
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