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.

19

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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    Florida House of Representatives - 2002                 HB 493

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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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    Florida House of Representatives - 2002                 HB 493

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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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    Florida House of Representatives - 2002                 HB 493

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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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