HOUSE AMENDMENT Bill No. SB 1500
1	CHAMBER ACTION
2	Senate House
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12	Representative Hogan offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16	Section 1. Section 97.012, Florida Statutes, is amended to
17	read:
18	97.012 Secretary of State as chief election officer.--The
19	Secretary of State is the chief election officer of the state,
20	and it is his or her responsibility to:
21	(1) Obtain and maintain uniformity in the application,
22	operation, and interpretation of the election laws.
23	(2) Provide uniform standards for the proper and equitable
24	implementation of the registration laws.
25	(3) Actively seek out and collect the data and statistics
26	necessary to knowledgeably scrutinize the effectiveness of
27	election laws.
28	(4) Provide technical assistance to the supervisors of
29	elections on voter education and election personnel training
30	services.
31	(5) Provide technical assistance to the supervisors of
32	elections on voting systems.
33	(6) Provide voter education assistance to the public.
34	(7) Coordinate the state's responsibilities under the
35	National Voter Registration Act of 1993.
36	(8) Provide training to all affected state agencies on the
37	necessary procedures for proper implementation of this chapter.
38	(9) Ensure that all registration applications and forms
39	prescribed or approved by the department are in compliance with
40	the Voting Rights Act of 1965.
41	(10) Coordinate with the United States Department of
42	Defense so that armed forces recruitment offices administer
43	voter registration in a manner consistent with the procedures
44	set forth in this code for voter registration agencies.
45	(11) Create and maintain a statewide voter registration
46	databasecentral voter file.
47	(12) Maintain a voter fraud hotline and provide election
48	fraud education to the public.
49	(13) Designate an office within the department to be
50	responsible for providing information regarding voter
51	registration procedures and absentee ballot procedures to absent
52	uniformed services voters and overseas voters.
53	Section 2. Section 97.021, Florida Statutes, is amended to
54	read:
55	97.021 Definitions.--For the purposes of this code, except
56	where the context clearly indicates otherwise, the term:
57	(1) "Absent elector" means any registered and qualified
58	voter who casts an absentee ballot.
59	(2) "Alternative formats" has the meaning ascribed in the
60	Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42
61	U.S.C. ss. 12101 et seq., including specifically the technical
62	assistance manuals promulgated thereunder, as amended.
63	(3) "Ballot" or "official ballot" when used in reference
64	to:
65	(a) "Paper ballots" means that printed sheet of paper,
66	used in conjunction with an electronic or electromechanical vote
67	tabulation voting system, containing the names of candidates, or
68	a statement of proposed constitutional amendments or other
69	questions or propositions submitted to the electorate at any
70	election, on which sheet of paper an elector casts his or her
71	vote.
72	(b) "Electronic or electromechanical devices" means a
73	ballot that is voted by the process of electronically
74	designating, including by touchscreen, or marking with a marking
75	device for tabulation by automatic tabulating equipment or data
76	processing equipment.
77	(4) "Candidate" means any person to whom any one or more
78	of the following applies:
79	(a) Any person who seeks to qualify for nomination or
80	election by means of the petitioning process.
81	(b) Any person who seeks to qualify for election as a
82	write-in candidate.
83	(c) Any person who receives contributions or makes
84	expenditures, or gives his or her consent for any other person
85	to receive contributions or make expenditures, with a view to
86	bringing about his or her nomination or election to, or
87	retention in, public office.
88	(d) Any person who appoints a treasurer and designates a
89	primary depository.
90	(e) Any person who files qualification papers and
91	subscribes to a candidate's oath as required by law.
92
93	However, this definition does not include any candidate for a
94	political party executive committee.
95	(5) "Central voter file" means a statewide, centrally
96	maintained database containing voter registration information of
97	all counties in this state.
98	(5)(6)"Department" means the Department of State.
99	(6)(7)"Division" means the Division of Elections of the
100	Department of State.
101	(7)(8)"Election" means any primary election, special
102	primary election, special election, general election, or
103	presidential preference primary election.
104	(8)(9)"Election board" means the clerk and inspectors
105	appointed to conduct an election.
106	(9)(10)"Election costs" shall include, but not be limited
107	to, expenditures for all paper supplies such as envelopes,
108	instructions to voters, affidavits, reports, ballot cards,
109	ballot booklets for absentee voters, postage, notices to voters;
110	advertisements for registration book closings, testing of voting
111	equipment, sample ballots, and polling places; forms used to
112	qualify candidates; polling site rental and equipment delivery
113	and pickup; data processing time and supplies; election records
114	retention; and labor costs, including those costs uniquely
115	associated with absentee ballot preparation, poll workers, and
116	election night canvass.
117	(10)(11)"Elector" is synonymous with the word "voter" or
118	"qualified elector or voter," except where the word is used to
119	describe presidential electors.
120	(11)(12)"General election" means an election held on the
121	first Tuesday after the first Monday in November in the even-
122	numbered years, for the purpose of filling national, state,
123	county, and district offices and for voting on constitutional
124	amendments not otherwise provided for by law.
125	(12)(13)"Lists of registered electors" means copies of
126	printed lists of registered electors, computer tapes or disks,
127	or any other device used by the supervisor of elections to
128	maintain voter records.
129	(13)(14)"Member of the Merchant Marine" means an
130	individual, other than a member of a uniformed service or an
131	individual employed, enrolled, or maintained on the Great Lakes
132	for the inland waterways, who is:
133	(a) Employed as an officer or crew member of a vessel
134	documented under the laws of the United States, a vessel owned
135	by the United States, or a vessel of foreign-flag registry under
136	charter to or control of the United States; or
137	(b) Enrolled with the United States for employment or
138	training for employment, or maintained by the United States for
139	emergency relief service, as an officer or crew member of such
140	vessel.
141	(14)(15)"Minor political party" is any group as defined
142	in this subsection which on January 1 preceding a primary
143	election does not have registered as members 5 percent of the
144	total registered electors of the state. Any group of citizens
145	organized for the general purposes of electing to office
146	qualified persons and determining public issues under the
147	democratic processes of the United States may become a minor
148	political party of this state by filing with the department a
149	certificate showing the name of the organization, the names of
150	its current officers, including the members of its executive
151	committee, and a copy of its constitution or bylaws. It shall be
152	the duty of the minor political party to notify the department
153	of any changes in the filing certificate within 5 days of such
154	changes.
155	(15)(16)"Newspaper of general circulation" means a
156	newspaper printed in the language most commonly spoken in the
157	area within which it circulates and which is readily available
158	for purchase by all inhabitants in the area of circulation, but
159	does not include a newspaper intended primarily for members of a
160	particular professional or occupational group, a newspaper the
161	primary function of which is to carry legal notices, or a
162	newspaper that is given away primarily to distribute
163	advertising.
164	(16)(17)"Nominal value" means having a retail value of
165	$10 or less.
166	(17)(18)"Nonpartisan office" means an office for which a
167	candidate is prohibited from campaigning or qualifying for
168	election or retention in office based on party affiliation.
169	(18)(19)"Office that serves persons with disabilities"
170	means any state office that takes applications either in person
171	or over the telephone from persons with disabilities for any
172	program, service, or benefit primarily related to their
173	disabilities.
174	(19)(20)"Overseas voter" means:
175	(a) Members of the uniformed services while in the active
176	service who are permanent residents of the state and are
177	temporarily residing outside the territorial limits of the
178	United States and the District of Columbia;
179	(b) Members of the Merchant Marine of the United States
180	who are permanent residents of the state and are temporarily
181	residing outside the territorial limits of the United States and
182	the District of Columbia; and
183	(c) Other citizens of the United States who are permanent
184	residents of the state and are temporarily residing outside the
185	territorial limits of the United States and the District of
186	Columbia,
187
188	who are qualified and registered to vote as provided by law.
189	(20)(21)"Overvote" means that the elector marks or
190	designates more names than there are persons to be elected to an
191	office or designates more than one answer to a ballot question,
192	and the tabulator records no vote for the office or question.
193	(21)(22)"Persons with disabilities" means individuals who
194	have a physical or mental impairment that substantially limits
195	one or more major life activities.
196	(22)(23)"Polling place" is the building which contains
197	the polling room where ballots are cast.
198	(23)(24)"Polling room" means the actual room in which
199	ballots are cast.
200	(24)(25)"Primary election" means an election held
201	preceding the general election for the purpose of nominating a
202	party nominee to be voted for in the general election to fill a
203	national, state, county, or district office. The first primary
204	is a nomination or elimination election; the second primary is a
205	nominating election only.
206	(25)(26) "Provisional ballot" means a conditional ballot,
207	the validity of which is determined by the canvassing board
208	issued to a voter by the election board at the polling place on
209	election day for one of the following reasons:
210	(a) The voter's name does not appear on the precinct
211	register and verification of the voter's eligibility cannot be
212	determined; or
213	(b) There is an indication on the precinct register that
214	the voter has requested an absentee ballot and there is no
215	indication whether the voter has returned the absentee ballot.
216	(26)(27)"Public assistance" means assistance provided
217	through the food stamp program; the Medicaid program; the
218	Special Supplemental Food Program for Women, Infants, and
219	Children; and the WAGES Program.
220	(27)(28)"Public office" means any federal, state, county,
221	municipal, school, or other district office or position which is
222	filled by vote of the electors.
223	(28)(29)"Qualifying educational institution" means any
224	public or private educational institution receiving state
225	financial assistance which has, as its primary mission, the
226	provision of education or training to students who are at least
227	18 years of age, provided such institution has more than 200
228	students enrolled in classes with the institution and provided
229	that the recognized student government organization has
230	requested this designation in writing and has filed the request
231	with the office of the supervisor of elections in the county in
232	which the institution is located.
233	(29)(30)"Special election" is a special election called
234	for the purpose of voting on a party nominee to fill a vacancy
235	in the national, state, county, or district office.
236	(30)(31)"Special primary election" is a special
237	nomination election designated by the Governor, called for the
238	purpose of nominating a party nominee to be voted on in a
239	general or special election.
240	(31)(32)"Supervisor" means the supervisor of elections.
241	(32)(33)"Tactile input device" means a device that
242	provides information to a voting system by means of a voter
243	touching the device, such as a keyboard, and that complies with
244	the requirements of s. 101.56062(1)(k) and (l).
245	(33)(34)"Undervote" means that the elector does not
246	properly designate any choice for an office or ballot question,
247	and the tabulator records no vote for the office or question.
248	(34)(35)"Uniformed services" means the Army, Navy, Air
249	Force, Marine Corps, and Coast Guard, the commissioned corps of
250	the Public Health Service, and the commissioned corps of the
251	National Oceanic and Atmospheric Administration.
252	(35)(36)"Voter interface device" means any device that
253	communicates voting instructions and ballot information to a
254	voter and allows the voter to select and vote for candidates and
255	issues.
256	(36)(37)"Voter registration agency" means any office that
257	provides public assistance, any office that serves persons with
258	disabilities, any center for independent living, or any public
259	library.
260	(37)(38)"Voting booth" or "booth" means that booth or
261	enclosure wherein an elector casts his or her ballot for
262	tabulation by an electronic or electromechanical device.
263	(38)(39)"Voting system" means a method of casting and
264	processing votes that functions wholly or partly by use of
265	electromechanical or electronic apparatus or by use of paper
266	ballots and includes, but is not limited to, the procedures for
267	casting and processing votes and the programs, operating
268	manuals, tabulating cards, printouts, and other software
269	necessary for the system's operation.
270	Section 3. (1) Subsection (32) of section 97.021, Florida
271	Statutes, as amended by this act, is amended to read:
272	97.021 Definitions.--For the purposes of this code, except
273	where the context clearly indicates otherwise, the term:
274	(32) "Tactile input device" means a device that provides
275	information to a voting system by means of a voter touching the
276	device, such as a keyboard, and that complies with the
277	requirements of s. 101.56062(1)(j) and (k) and (l).
278	(2) The amendment of subsection (32) of section 97.021,
279	Florida Statutes, by this section shall take effect on the date
280	the amendment of section 101.56062, Florida Statutes, by this
281	act takes effect.
282	Section 4. Subsection (3) of section 97.052, Florida
283	Statutes, is amended to read:
284	97.052 Uniform statewide voter registration application.--
285	(3) The uniform statewide voter registration application
286	must also contain:
287	(a) The oath required by s. 3, Art. VI of the State
288	Constitution and s. 97.051.
289	(b) A statement specifying each eligibility requirement
290	under s. 97.041.
291	(c) The penalties provided in s. 104.011 for false
292	swearing in connection with voter registration.
293	(d) A statement that, if an applicant declines to register
294	to vote, the fact that the applicant has declined to register
295	will remain confidential and may be used only for voter
296	registration purposes.
297	(e) A statement that informs the applicant who chooses to
298	register to vote or update a voter registration record that the
299	office at which the applicant submits a voter registration
300	application or updates a voter registration record will remain
301	confidential and may be used only for voter registration
302	purposes.
303	(f) A statement that informs the applicant that any person
304	who has been granted a homestead exemption in this state, and
305	who registers to vote in any precinct other than the one in
306	which the property for which the homestead exemption has been
307	granted, shall have that information forwarded to the property
308	appraiser where such property is located, which may result in
309	the person's homestead exemption being terminated and the person
310	being subject to assessment of back taxes under s. 193.092,
311	unless the homestead granted the exemption is being maintained
312	as the permanent residence of a legal or natural dependent of
313	the owner and the owner resides elsewhere.
314	(g) A statement informing the applicant that if the form
315	is submitted by mail and the applicant is registering for the
316	first time, the applicant will be required to provide
317	identification prior to voting the first time.
318	Section 5. Paragraph (a) of subsection (5) of section
319	97.053, Florida Statutes, is amended to read:
320	97.053 Acceptance of voter registration applications.--
321	(5)(a) A voter registration application is complete if it
322	contains:
323	1. The applicant's name.
324	2. The applicant's legal residence address.
325	3. The applicant's date of birth.
326	4. An indication that the applicant is a citizen of the
327	United States.
328	5. The applicant’s Florida driver’s license number, the
329	identification number from a Florida identification card issued
330	under s. 322.051, orthe last four digits of the applicant's
331	social security number.
332	6. An indication that the applicant has not been convicted
333	of a felony or that, if convicted, has had his or her civil
334	rights restored.
335	7. An indication that the applicant has not been
336	adjudicated mentally incapacitated with respect to voting or
337	that, if so adjudicated, has had his or her right to vote
338	restored.
339	8. Signature of the applicant swearing or affirming under
340	the penalty for false swearing pursuant to s. 104.011 that the
341	information contained in the registration application is true
342	and subscribing to the oath required by s. 3, Art. VI of the
343	State Constitution and s. 97.051.
344	Section 6. Effective upon this act becoming a law, section
345	97.028, Florida Statutes, is created to read:
346	97.028 Procedures on complaints of violations of Title III
347	of the Help America Vote Act of 2002.--
348	(1)(a) Any person who believes that a violation of Title
349	III of the Help America Vote Act of 2002 has occurred, is
350	occurring, or is about to occur may file a complaint with the
351	department.
352	(b) The complaint must be in writing and must be signed
353	and sworn to before a notary by the person filing the complaint.
354	Further, the complaint must state the alleged violation and the
355	person or entity responsible for the violation. The department
356	shall prescribe the form for complaints filed under this
357	section. If the department determines that the complaint fails
358	to allege both a violation and a person or entity responsible
359	for the violation, or that the complaint is not properly
360	executed, the department shall inform the complainant in writing
361	that the complaint is legally insufficient.
362	(c) For purposes of this section, a violation of Title III
363	of the Help America Vote Act of 2002 is the failure to perform
364	an act required or the performance of an act prohibited by Title
365	III of the Help America Vote Act of 2002 by a covered person or
366	entity.
367	(d) The department shall have sole jurisdiction over
368	complaints filed under the provisions of this section.
369	(e) This section provides the sole avenue of redress for
370	alleged violations of Title III of the Help America Vote Act of
371	2002 and does not give rise to any other cause of action.
372	(f) The department may consolidate complaints filed under
373	this section.
374	(g) All proceedings under this section are exempt from
375	chapter 120.
376	(2)(a) When a legally sufficient complaint is filed with
377	the department, the agency head shall designate a hearing
378	officer who shall:
379	1. Provide the subject of the complaint with a copy of the
380	complaint. The subject of the complaint shall, within 10 days
381	after receipt of the complaint, file with the department a
382	written, sworn response to the complaint.
383	2. Upon receipt of the response, the hearing officer shall
384	review both sworn filings to determine whether a violation of
385	the Title III of the Help America Vote Act of 2002 has occurred,
386	is occurring, or is about to occur. The complaint and the
387	response shall constitute the official hearing record to be
388	considered by the hearing officer. The hearing officer shall
389	provide the complainant with a copy of the response.
390	3. At the hearing officer’s discretion, the complainant
391	and the respondent may be ordered by the hearing officer to
392	provide additional sworn oral or written statements or
393	additional documents to assist the hearing officer in making his
394	or her determination. Further, other relevant witnesses may also
395	be ordered by the hearing officer to give sworn testimony or to
396	provide relevant documents to assist the hearing officer in
397	making his or her determination. Any such statements or
398	documents received by the hearing officer shall also become part
399	of the official hearing record. For purposes of this section,
400	the hearing officer is authorized to administer oaths and to
401	issue subpoenas.
402	4. The hearing officer shall advise both the complainant
403	and respondent in writing of their determination. If the hearing
404	officer determines that no violation has occurred, is occurring,
405	or is about to occur, the department shall dismiss the complaint
406	and publish its determination. If the hearing officer determines
407	that a violation of Title III of the Help America Vote Act has
408	occurred, is occurring, or is about to occur, the department
409	shall issue and deliver an order directing the appropriate
410	remedy to persons responsible for effecting such remedy. The
411	issuance of an order does not constitute agency action for which
412	a hearing under ss. 120.569 or 120.57 may be sought. For
413	purposes of enforcing the order, the department may initiate a
414	proceeding in the name of the state seeking issuance of an
415	injunction, a writ of mandamus, or other equitable remedy
416	against any person who violates any provision of such order.
417	5. The department shall make a final determination with
418	respect to the complaint within 90 days after the date that the
419	complaint was filed, unless the complainant consents to a longer
420	period for making such a determination.
421	(b) If the department fails to meet the deadline
422	established in subparagraph (a)5., the complaint shall be
423	forwarded to mediation. Mediation shall occur within 60 days
424	after the department’s failure to make a determination within
425	the timeframe established in subparagraph (a)5. The record
426	created under this section shall be made available for use in
427	the mediation.
428	Section 7. Section 97.0535, Florida Statutes, is created
429	to read:
430	97.0535 Special requirements for certain applicants.--
431	(1) Each applicant who registers by mail and who has never
432	previously voted in the county shall be required to provide a
433	copy of a current and valid photo identification, as provided in
434	subsection (3), or indicate that he or she is exempt from the
435	requirements prior to voting. The applicant may provide the
436	identification or indication at the time of registering, or at
437	any time prior to voting for the first time in the county. If
438	the voter registration application clearly provides information
439	from which the supervisor can determine that the applicant meets
440	at least one of the exemptions in subsection (4), the supervisor
441	shall make the notation on the registration records and the
442	applicant shall not be required to provide further information
443	that is required of first time voters who register by mail.
444	(2) The supervisor of elections shall, upon accepting the
445	voter registration for an applicant who registered by mail and
446	who has not previously voted in the county, determine if the
447	applicant provided the required identification at the time of
448	registering. If the required identification was not provided,
449	the supervisor shall notify the applicant that he or she must
450	provide the identification prior to voting the first time in the
451	county.
452	(3) The following forms of identification shall be
453	considered current and valid if they contain the name and
454	photograph of the applicant and have not expired:
455	(a) Florida driver’s license.
456	(b) Florida identification card issued by the Department
457	of Highway Safety and Motor Vehicles.
458	(c) United States passport.
459	(d) Employee badge or identification.
460	(e) Buyer’s club identification.
461	(f) Debit or credit card.
462	(g) Military identification.
463	(h) Student identification.
464	(i) Retirement center identification.
465	(j) Neighborhood association identification.
466	(k) Entertainment identification.
467	(l) Public assistance identification.
468	(4) The following persons are exempt from the
469	identification requirements of this section:
470	(a) Persons 65 years of age or older.
471	(b) Persons with a temporary or permanent physical
472	disability.
473	(c) Members of the uniformed service on active duty who,
474	by reason of such active duty, are absent from the county on
475	election day.
476	(d) Members of the merchant marine who, by reason of
477	service in the merchant marine, are absent from the county on
478	election day.
479	(e) The spouse or dependent of a member referred to in
480	paragraph (c) or paragraph (d) who, by reason of the active duty
481	or service of the member, is absent from the county on election
482	day.
483	(f) Persons currently residing outside the United States
484	who are eligible to vote in Florida.
485	Section 8. Subsection (3) of section 98.045, Florida
486	Statutes, is amended to read:
487	98.045 Administration of voter registration.--
488	(3) Notwithstanding the provisions of ss. 98.095, 98.097,
489	and 98.0977,each supervisor shall maintain for at least 2
490	years, and make available for public inspection and copying, all
491	records concerning implementation of registration list
492	maintenance programs and activities conducted pursuant to ss.
493	98.065, 98.075, and 98.0977. The records must include lists of
494	the name and address of each person to whom an address
495	confirmation final notice was sent and information as to whether
496	each such person responded to the mailing, but may not include
497	any information that is confidential or exempt from public
498	record requirements under this code.
499	Section 9. Section 98.097, Florida Statutes, is repealed.
500	Section 10. Section 98.0977, Florida Statutes, is amended
501	to read:
502	98.0977 Statewide voter registration database; operation
503	developmentand maintenance.--
504	(1) From the funds appropriated, The department shallmay
505	contract with the Florida Association of Court Clerks to
506	analyze, design, develop, operate, and maintain theastatewide,
507	on-line voter registration database and associated website until
508	such time as the statewide voter registration system required to
509	be developed pursuant to the Help America Vote Act of 2002 is
510	operational, to be fully operational statewide by June 1, 2002.
511	The database shall contain voter registration information from
512	each of the 67 supervisors of elections in this state and shall
513	be accessible through an Internet website. The system shall
514	provide functionality for ensuring that the database is updated
515	on a daily basis to determine if a registered voter is
516	ineligible to vote for any of the following reasons, including,
517	but not limited to:
518	(a) The voter is deceased;
519	(b) The voter has been convicted of a felony and has not
520	had his or her civil rights restored; or
521	(c) The voter has been adjudicated mentally incompetent
522	and his or her mental capacity with respect to voting has not
523	been restored.
524
525	The database shall also allow for duplicate voter registrations
526	to be identified.
527	(2) The Department of State shall not contract with any
528	private entity other than the Florida Association of Court
529	Clerks for the operation or maintenanceof the statewide voter
530	registration database.
531	(3)(a) In administering the database, each supervisor of
532	elections shall compare registration information provided by a
533	voter with information held by the Department of Law
534	Enforcement, the Board of Executive Clemency, the Office of
535	Vital Statistics, and other relevant sources.
536	(b) The supervisor of elections shall remove from the
537	voter registration rolls the name of any person who is listed in
538	the database as deceased.
539	(c) Information in the database indicating that a person
540	registered to vote in a given county has subsequently registered
541	to vote in another jurisdiction shall be considered as a written
542	request from that voter to have his or her name removed from the
543	voter registration rolls of that county, and the supervisor of
544	elections of that county shall remove that voter's name from the
545	county's voter registration rolls.
546	(d) When the supervisor of elections finds information
547	through the database that suggests that a voter has been
548	convicted of a felony and has not had his or her civil rights
549	restored or has been adjudicated mentally incompetent and his or
550	her mental capacity with respect to voting has not been
551	restored, the supervisor of elections shall notify the voter by
552	certified United States mail. The notification shall contain a
553	statement as to the reason for the voter's potential
554	ineligibility to be registered to vote and shall request
555	information from the voter on forms provided by the supervisor
556	of elections. As an alternative, the voter may attend a hearing
557	at a time and place specified in the notice. If there is
558	evidence that the notice was not received, notice must be given
559	once by publication in a newspaper of general circulation in the
560	county. The notice must plainly state that the voter is
561	potentially ineligible to be registered to vote and must state a
562	time and place for the person to appear before the supervisor of
563	elections to show cause why his or her name should not be
564	removed from the voter registration rolls. After reviewing the
565	information provided by the voter, if the supervisor of
566	elections determines that the voter is not eligible to vote
567	under the laws of this state, the supervisor of elections shall
568	notify the voter by certified United States mail that he or she
569	has been found ineligible to be registered to vote in this
570	state, shall state the reason for the ineligibility, and shall
571	inform the voter that he or she has been removed from the voter
572	registration rolls. The supervisor of elections shall remove
573	from the voter registration rolls the name of any voter who
574	fails either to respond within 30 days to the notice sent by
575	certified mail or to attend the hearing.
576	(e) Upon hearing all evidence in a hearing, the supervisor
577	of elections must determine whether there is sufficient evidence
578	to strike the person's name from the registration books. If the
579	supervisor determines that there is sufficient evidence, he or
580	she must strike the name.
581	(f) Appeal may be taken to the circuit court in and for
582	the county where the person was registered. Notice of appeal
583	must be filed within the time and in the manner provided by the
584	Florida Rules of Appellate Procedure and acts as supersedeas.
585	Trial in the circuit court is de novo and governed by the rules
586	of that court. Unless the person can show that his or her name
587	was erroneously or illegally stricken from the registration
588	books or that he or she is indigent, the person must bear the
589	costs of the trial in the circuit court. Otherwise, the cost of
590	the appeal must be paid by the board of county commissioners.
591	(4) To the maximum extent feasible, state and local
592	government entities shall facilitate provision of information
593	and access to data to the department in order to compare
594	information in the statewide voter registration database with
595	available information in other computer databases, including,
596	but not limited to, databases that contain reliable criminal
597	records and records of deceased persons. State and local
598	governmental agencies that provide such data shall do so without
599	charge if the direct cost incurred by those agencies is not
600	significant.
601	(5) The Division of Elections shall provide written
602	quarterly progress reports on each phase of development of the
603	voter registration database to the President of the Senate and
604	the Speaker of the House of Representatives beginning July 1,
605	2001, and continuing until the database is fully implemented.
606	(5)(6)The duties of the supervisors of elections under
607	this section shall be considered part of their regular
608	registration list maintenance duties under this chapter, and any
609	supervisor of elections who willfully refuses or willfully
610	neglects to perform his or her duties under this section shall
611	be in violation of s. 104.051(2).
612	Section 11. (1) Beginning July 1, 2003, from the funds
613	appropriated the Department of State shall begin the development
614	of a statewide voter registration system designed to meet the
615	requirements of sections 303 through 305 of the Help America
616	Vote Act of 2002. The Legislature recognizes that the January 1,
617	2004, implementation date for the system provided in the federal
618	bill cannot be met because there is not sufficient time for
619	implementation of such a system. Accordingly, the department
620	shall certify these facts to the Election Assistance Commission
621	in order to qualify for waiver and extension of the due date
622	until January 1, 2006.
623	(2) The department shall begin system needs assessments
624	and design activities by July 1, 2003. The Department of Highway
625	Safety and Motor Vehicles, the Department of Health, the
626	Department of Law Enforcement, the Board of Executive Clemency,
627	the State Technology Office, and representatives of the Florida
628	State Association of Supervisors of Elections shall cooperate
629	and participate in the development of the system. Other state
630	agencies and local government entities that may have data or
631	systems needed for integration with the system shall also
632	cooperate and participate in the development of the system upon
633	a request from the department.
634	(3) No later than January 31, 2004, the department shall
635	present to the Governor, the President of the Senate, and the
636	Speaker of the House of Representatives a plan for completion of
637	the system, which shall include:
638	(a) Business process design for all participants in the
639	system operation.
640	(b) Design, location, and specifications for hardware,
641	system software components, and communications infrastructure of
642	the system.
643	(c) Design, specifications, and development plans for
644	application software for the system.
645	(d) Budget for completion of the system, including all
646	agencies and county offices.
647	(e) Recommended statutory changes needed to implement the
648	system.
649	(4) This phase of the development shall continue through
650	June 30, 2004, and shall include design and development of the
651	core system, which will be operated by the Department of State;
652	definition of the business processes which will be required of
653	the other agencies and counties; and functional requirements
654	specifications for integration with the data systems of the
655	other agencies and the counties.
656	(5) This section shall take effect upon this act becoming
657	a law.
658	Section 12. Section 98.212, Florida Statutes, is amended
659	to read:
660	98.212 Supervisors to furnish statistical and other
661	information.--
662	(1)(a) Upon written request, supervisors shall, as
663	promptly as possible, furnish to recognized public or private
664	universities and senior colleges within the state, to state or
665	county governmental agencies, and to recognized political party
666	committees statistical information for the purpose of analyzing
667	election returns and results.
668	(b) Supervisors may require reimbursement for any part or
669	all of the actual expenses of supplying any information
670	requested under paragraph (a). For the purposes of this
671	subsection, supervisors may use the services of any research and
672	statistical personnel that may be supplied.
673	(c) Lists of names submitted to supervisors for indication
674	of registration or nonregistration or of party affiliation shall
675	be processed at any time at cost, except that in no case shall
676	the charge exceed 10 cents for each name on which the
677	information is furnished.
678	(2) The supervisors shall provide information as requested
679	by the department for program evaluation and reporting to the
680	Federal Election Commission pursuant to the National Voter
681	Registration Act of 1993.
682	(3) The supervisors shall provide information as requested
683	by the department for the creation and maintenance of the
684	central voter file.
685	Section 13. Section 98.461, Florida Statutes, is amended
686	to read:
687	98.461 Registration form, precinct register; contents.--A
688	registration form, approved by the Department of State,
689	containing the information required in s. 97.052 shall be filed
690	alphabetically in the office of the supervisor as the master
691	list of electors of the county. However, the registration forms
692	may be microfilmed and such microfilms substituted for the
693	original registration forms; or, when voter registration
694	information, including the voter's signature, is maintained
695	digitally or on electronic, magnetic, or optic media, such
696	stored information may be substituted for the original
697	registration form. Such microfilms or stored information shall
698	be retained in the custody of the supervisor of elections. In
699	the event the original registration forms are microfilmed or
700	maintained digitally or on electronic or other media, such
701	originals may be destroyed in accordance with the schedule
702	approved by the Bureau of Archives and Records Management of the
703	Division of Library and Information Services of the Department
704	of State. As an alternative, the information from the
705	registration form, including the signature, may be
706	electronically reproduced and stored as provided in s. 98.451. A
707	computer printout shallmaybe used at the polls as a precinct
708	register in lieu of the registration books. The precinct
709	register shall contain the date of the election, the precinct
710	number, and the following information concerning each registered
711	elector: last name, first name, and middle name or initial;
712	party affiliation; residence address; registration number; date
713	of birth; sex, if provided; race, if provided; whether the voter
714	needs assistance in voting; and such other additional
715	information as to readily identify the elector. The precinct
716	register may also contain a list of the forms of identification,
717	which must include, but is not limited to, a Florida driver's
718	license, a Florida identification card issued under s. 322.051,
719	or another form of picture identification approved by the
720	Department of State. The precinct register shallmayalso
721	contain a space for the elector's signature and,a space for the
722	initials of the witnessing clerk or inspector, and a space for
723	the signature slip or ballot number.
724	Section 14. Section 98.471, Florida Statutes, is
725	renumbered as section 101.043, Florida Statutes, and amended to
726	read:
727	101.04398.471Identification requiredUse of precinct
728	registerat polls.--
729	(1) The precinct register, as prescribed in s. 98.461,
730	shallmaybe used at the polls in lieu of the registration books
731	for the purpose of identifying the elector at the polls prior to
732	allowing him or her to vote. The clerk or inspector shall
733	require each elector, upon entering the polling place, to
734	present a current and validFlorida driver's license, a Florida
735	identification card issued under s. 322.051, or another form of
736	picture identification as provided in s. 97.0535(3). If the
737	picture identification does not contain the signature of the
738	voter, an additional identification that provides the voter's
739	signature shall be requiredapproved by the Department of State.
740	The elector shall sign his or her name in the space provided,
741	and the clerk or inspector shall compare the signature with that
742	on the identification provided by the elector and enter his or
743	her initials in the space provided and allow the elector to vote
744	if the clerk or inspector is satisfied as to the identity of the
745	elector.
746	(2) Except as provided in subsection (3),if the elector
747	fails to furnish the required identification, or if the clerk or
748	inspector is in doubt as to the identity of the elector, such
749	clerk or inspector shall follow the procedure prescribed in s.
750	101.49.
751	(3) If the elector who fails to furnish the required
752	identification is a first-time voter who registered by mail and
753	has not provided the required identification to the supervisor
754	of elections prior to election day, the elector shall be allowed
755	to vote a provisional ballot. The canvassing board shall
756	determine the validity of the ballot pursuant to s. 101.048(2).
757	Section 15. Section 98.491, Florida Statutes, is repealed.
758	Section 16. Section 101.048, Florida Statutes, is amended
759	to read:
760	101.048 Provisional ballots.--
761	(1) At all elections, a voter claiming to be properly
762	registered in the county and eligible to vote at the precinct in
763	the election, but whose eligibility cannot be determined, and
764	other persons specified in the codeshall be entitled to vote a
765	provisional ballot. Once voted, the provisional ballot shall be
766	placed in a secrecy envelope and thereafter sealed in a
767	provisional ballot envelope. The provisional ballot shall be
768	deposited in a ballot box. All provisional ballots shall remain
769	sealed in their envelopes for return to the supervisor of
770	elections. The department shall prescribe the form of the
771	provisional ballot envelope.
772	(2)(a) The county canvassing board shall examine each
773	provisional ballot envelope to determine if the person voting
774	that ballot was entitled to vote at the precinct where the
775	person cast a vote in the election and that the person had not
776	already cast a ballot in the election.
777	(b)1. If it is determined that the person was registered
778	and entitled to vote at the precinct where the person cast a
779	vote in the election, the canvassing board shall compare the
780	signature on the provisional ballot envelope with the signature
781	on the voter's registration and, if it matches, shall count the
782	ballot.
783	2. If it is determined that the person voting the
784	provisional ballot was not registered or entitled to vote at the
785	precinct where the person cast a vote in the election, the
786	provisional ballot shall not be counted and the ballot shall
787	remain in the envelope containing the Provisional Ballot Voter's
788	Certificate and Affirmation and the envelope shall be marked
789	"Rejected as Illegal."
790	(3) The Provisional Ballot Voter's Certificate and
791	Affirmation shall be in substantially the following form:
792
793	STATE OF FLORIDA
794	COUNTY OF _____
795
796	I do solemnly swear (or affirm) that my name is _____; that
797	my date of birth is _____; that I am registered to vote and at
798	the time I registered I resided at _____, in the municipality of
799	_____, in _____ County, Florida; that I am registered in the
800	_____ Party; that I am a qualified voter of the county; and that
801	I have not voted in this election. I understand that if I commit
802	any fraud in connection with voting, vote a fraudulent ballot,
803	or vote more than once in an election, I can be convicted of a
804	felony of the third degree and fined up to $5,000 and/or
805	imprisoned for up to 5 years.
806	... (Signature of Voter) ...
807	... (Current Residence Address) ...
808	... (Current Mailing Address) ...
809	... (City, State, Zip Code) ...
810	... (Driver's License Number or Last Four Digits of Social
811	Security Number) ...
812
813	Sworn to and subscribed before me this _____ day of __________,
814	... (year) ....
815	... (Election Official) ...
816
817	Precinct # _____Ballot Style/Party Issued: _____
818
819	Additional information may be provided to further assist the
820	supervisor of elections in determining eligibility.
821
822	(4) In counties where the voting system does not utilize a
823	paper ballot, the supervisor of elections mayshallprovide the
824	appropriate provisional ballot to the voter by electronic means
825	as provided for by the certified voting system. Each person
826	casting a provisional ballot by electronic means shall, prior to
827	casting his or her ballot, complete the Provisional Ballot
828	Voter’s Certificate and Affirmation as provided in subsection
829	(3)ballots to each polling place.
830	(5) Each person casting a provisional ballot shall be
831	given written instructions regarding the free access system
832	established pursuant to subsection (6). The instructions shall
833	contain information on how to access the system and the
834	information the voter will need to provide to obtain information
835	on his or her particular ballot. The instructions shall also
836	include the following statement: "If this is a primary election,
837	you should contact the supervisor of elections' office
838	immediately to confirm that you are registered and can vote in
839	the general election."
840	(6) Each supervisor of elections shall establish a free
841	access system that allows each person who casts a provisional
842	ballot to determine whether his or her provisional ballot was
843	counted in the final canvass of votes and, if not, the reasons
844	why. Information regarding provisional ballots shall be
845	available no later than 30 days following the election. The
846	system established must restrict information regarding an
847	individual ballot to the person who cast the ballot.
848	Section 17. Section 101.049, Florida Statutes, is created
849	to read:
850	101.049 Provisional ballots; special circumstances.--
851	(1) Any person who votes in an election after the regular
852	poll-closing time pursuant to a court or other order extending
853	the statutory polling hours must vote a provisional ballot. Once
854	voted, the provisional ballot shall be placed in a secrecy
855	envelope and thereafter sealed in a provisional ballot envelope.
856	The election official witnessing the voter's subscription and
857	affirmation on the Provisional Ballot Voter's Certificate shall
858	indicate whether or not the voter met all requirements to vote a
859	regular ballot at the polls. All such provisional ballots shall
860	remain sealed in their envelopes and transmitted to the
861	supervisor of elections.
862	(2) Separate and apart from all other ballots, the county
863	canvassing board shall count all late-voted provisional ballots
864	that the canvassing board determines to be valid.
865	(3) The supervisor shall ensure that late-voted
866	provisional ballots are not commingled with other ballots during
867	the canvassing process or at any other time they are statutorily
868	required to be in the supervisor's possession.
869	(4) This section shall not apply to voters in line at the
870	poll-closing time provided in s. 100.011 who cast their ballot
871	subsequent to that time.
872	(5) As an alternative, provisional ballots cast pursuant
873	to this section may be cast in accordance with the provisions of
874	s. 101.048(4).
875	Section 18. Section 101.111, Florida Statutes, is amended
876	to read:
877	101.111 Person desiring to vote may be challenged;
878	challenger to execute oath; oath of person challenged elector;
879	determination of challenge.--
880	(1) When the right to vote of any person who desires to
881	vote is challengedquestioned by any elector or pollwatcher,
882	the challenge shall be reduced to writing with an oath as
883	provided in this section, giving reasons for the challenge,
884	which shall be delivered to the clerk or inspector. Any elector
885	or authorized poll watcher challenging the right of a person to
886	votean elector at an electionshall execute the oath set forth
887	below:
888
889	OATH OF PERSON ENTERING CHALLENGE
890
891	State of Florida
892	County of _____
893
894	I do solemnly swear that my name is _____; that I am a member of
895	the _____ party; that I am _____ years old; that I was born in
896	the state of_____ or the country of _____; that my residence
897	address is on _____ street, in the municipality of _____; and
898	that I have reason to believe that _____ is attempting to vote
899	illegally and the reasons for my belief are set forth herein to
900	wit:
901	... (Signature of person challenging voter) ...
902
903	Sworn and subscribed to before me this _____ day of _____, ...
904	(year) ....
905	... (Clerk of election) ...
906
907	(2) Before a person who is challenged electoris permitted
908	to vote by any officer or person in charge of admission to the
909	polling place, the challenged person'selector'sright to vote
910	shall be determined in accordance with the provisions of
911	subsection (3). The clerk or inspector shall immediately deliver
912	to the challenged personelectora copy of the oath of the
913	person entering the challenge and shall request the challenged
914	personelector to execute the following oathaffidavit:
915
916	OATH OF PERSON CHALLENGED VOTER
917
918	State of Florida
919	County of _____
920
921	I do solemnly swear that my name is _____; that I am a member of
922	the _____ party; that my date of birth isI am _____ years old;
923	that I was born in the state of _____ or the country of_____;
924	that my residence address is on _____ street, in the
925	municipality of _____, in this the _____ precinct of _____
926	county; that I personally made application for registration and
927	signed my name and that I am a qualified voter in this election,
928	and I am not registered to vote in any other precinct other than
929	the one in which I am presently seeking to vote.
930	... (Signature of personvoter) ...
931
932	Sworn and subscribed to before me this _____ day of _____, ...
933	(year) ....
934	... (Clerk of election or Inspector) ...
935
936	Any inspector or clerk of election may administer the oath.
937	(3)(a) The clerk and inspectors shall compare the
938	information in the challenged person's oath with that entered on
939	the precinct register and shall take any other evidence that may
940	be offered. The clerk and inspectors shall then decide by a
941	majority vote whether the challenged person may vote a regular
942	ballot.
943	(b) If the challenged person refuses to complete the oath
944	or if a majority of the clerk and inspectors doubt the
945	eligibility of the person to vote, the challenged person shall
946	be allowed to vote a provisional ballot. The oath of the person
947	entering the challenge and the oath of the person challenged
948	shall be attached to the provisional ballot for transmittal to
949	the canvassing board.If the challenged person refuses to make
950	and sign the affidavit, the clerk or inspector shall refuse to
951	allow him or her to vote. If such person makes the affidavit,
952	the inspectors and clerk of election shall compare the
953	information in the affidavit with that entered on the
954	registration books opposite the person's name, and, upon such
955	comparison of the information and the person's signature and the
956	taking of other evidence which may then be offered, the clerk
957	and inspectors shall decide by a majority vote whether the
958	challenged person may vote. If the challenged person is unable
959	to write or sign his or her name, the clerk or inspector shall
960	examine the precinct register to ascertain whether the person
961	registered under the name of such person is represented to have
962	signed his or her name. If the person is so represented, then he
963	or she shall be denied permission to vote without further
964	examination; but, if not, then the clerk or one of the
965	inspectors shall place such person under oath and orally examine
966	him or her upon the subject matter contained in the affidavit,
967	and, if there is any doubt as to the identity of such person,
968	the clerk or inspector shall compare the person's appearance
969	with the description entered upon the precinct register opposite
970	the person's name. The clerk or inspector shall then proceed as
971	in other cases to determine whether the challenged person may
972	vote.
973	Section 19. (1) Section 101.56062, Florida Statutes, is
974	amended to read:
975	101.56062 Standards for accessible voting systems.--
976	(1) Notwithstanding anything in this chapter to the
977	contrary, each voting system certified by the Department of
978	State for use in local, state, and federal elections must
979	include the capability to install accessible voter interface
980	devices in the system configuration which will allow the system
981	to meet the following minimum standards:
982	(a) The voting system must provide a tactile input or
983	audio input device, or both.
984	(b) The voting system must provide a method by which
985	voters can confirm any tactile or audio input by having the
986	capability of audio output using synthetic or recorded human
987	speech that is reasonably phonetically accurate.
988	(c) Any operable controls on the input device which are
989	needed for voters who are visually impaired must be discernible
990	tactilely without actuating the keys.
991	(d) Audio and visual access approaches must be able to
992	work both separately and simultaneously.
993	(d)(e)If a nonaudio access approach is provided, the
994	system may not require color perception. The system must use
995	black text or graphics, or both, on white background or white
996	text or graphics, or both, on black background, unless the
997	office of the Secretary of State approves other high-contrast
998	color combinations that do not require color perception.
999	(e)(f)Any voting system that requires any visual
1000	perception must offer the election official who programs the
1001	system, prior to its being sent to the polling place, the
1002	capability to set the font size, as it appears to the voter,
1003	from a minimum of 14 points to a maximum of 24 points.
1004	(f)(g)The voting system must provide audio information,
1005	including any audio output using synthetic or recorded human
1006	speech or any auditory feedback tones that are important for the
1007	use of the audio approach, through at least one mode, by handset
1008	or headset, in enhanced auditory fashion (increased
1009	amplification), and must provide incremental volume control with
1010	output amplification up to a level of at least 97 dB SPL.
1011	(g)(h)For transmitted voice signals to the voter, the
1012	voting system must provide a gain adjustable up to a minimum of
1013	20 dB with at least one intermediate step of 12 dB of gain.
1014	(h)(i)For the safety of others, if the voting system has
1015	the possibility of exceeding 120 dB SPL, then a mechanism must
1016	be included to reset the volume automatically to the voting
1017	system's default volume level after every use, for example when
1018	the handset is replaced, but not before. Also, universal
1019	precautions in the use and sharing of headsets should be
1020	followed.
1021	(i)(j)If sound cues and audible information such as
1022	"beeps" are used, there must be simultaneous corresponding
1023	visual cues and information.
1024	(j)(k)Controls and operable mechanisms must be operable
1025	with one hand, including operability with a closed fist, and
1026	operable without tight grasping, pinching, or twisting of the
1027	wrist.
1028	(k)(l)The force required to operate or activate the
1029	controls must be no greater than 5 pounds of force.
1030	(l)(m)Voting booths must have voting controls at a
1031	minimum height of 36 inches above the finished floor with a
1032	minimum knee clearance of 27 inches high, 30 inches wide, and 19
1033	inches deep, or the accessible voter interface devices must be
1034	designed so as to allow their use on top of a table to meet
1035	these requirements. Tabletop installations must include adequate
1036	privacy.
1037	(m)(n)Any audio ballot must provide the voter with the
1038	following functionalities:
1039	1. After the initial instructions that the system requires
1040	election officials to provide to each voter, the voter should be
1041	able to independently operate the voter interface through the
1042	final step of casting a ballot without assistance.
1043	2. The voter must be able to determine the races that he
1044	or she is allowed to vote in and to determine which candidates
1045	are available in each race.
1046	3. The voter must be able to determine how many candidates
1047	may be selected in each race.
1048	4. The voter must be able to have confidence that the
1049	physical or vocal inputs given to the system have selected the
1050	candidates that he or she intended to select.
1051	5. The voter must be able to review the candidate
1052	selections that he or she has made.
1053	6. Prior to the act of casting the ballot, the voter must
1054	be able to change any selections previously made and confirm a
1055	new selection.
1056	7. The system must communicate to the voter the fact that
1057	the voter has failed to vote in a race or has failed to vote the
1058	number of allowable candidates in any race and require the voter
1059	to confirm his or her intent to undervote before casting the
1060	ballot.
1061	8. The system must prevent the voter from overvoting any
1062	race.
1063	9. The voter must be able to input a candidate's name in
1064	each race that allows a write-in candidate.
1065	10. The voter must be able to review his or her write-in
1066	input to the interface, edit that input, and confirm that the
1067	edits meet the voter's intent.
1068	11. There must be a clear, identifiable action that the
1069	voter takes to "cast" the ballot. The system must make clear to
1070	the voter how to take this action so that the voter has minimal
1071	risk of taking the action accidentally but, when the voter
1072	intends to cast the ballot, the action can be easily performed.
1073	12. Once the ballot is cast, the system must confirm to
1074	the voter that the action has occurred and that the voter's
1075	process of voting is complete.
1076	13. Once the ballot is cast, the system must preclude the
1077	voter from modifying the ballot cast or voting or casting
1078	another ballot.
1079	(2) Such voting system must include at least one
1080	accessible voter interface device installed in each precinct
1081	which meets the requirements of this section, except for
1082	paragraph (1)(d).
1083	(3) The Department of State may adopt rules in accordance
1084	with s. 120.54 which are necessary to administer this section.
1085	(2) The amendment of section 101.56062, Florida Statutes,
1086	by this section shall take effect on the date the section, as
1087	created by section 12 of chapter 2002-281, Laws of Florida,
1088	takes effect pursuant to section 22 of chapter 2002-281, Laws of
1089	Florida, as amended by this act.
1090	Section 20. Paragraph (a) of subsection (1) of section
1091	101.62, Florida Statutes, is amended to read:
1092	101.62 Request for absentee ballots.--
1093	(1)(a) The supervisor may accept a request for an absentee
1094	ballot from an elector in person or in writing. Except as
1095	provided in s. 101.694,one request shall be deemed sufficient
1096	to receive an absentee ballot for all elections which are held
1097	within a calendar year, unless the elector or the elector's
1098	designee indicates at the time the request is made the elections
1099	for which the elector desires to receive an absentee ballot.
1100	Such request may be considered canceled when any first-class
1101	mail sent by the supervisor to the elector is returned as
1102	undeliverable.
1103	Section 21. Subsection (1) of section 101.64, Florida
1104	Statutes, is amended to read:
1105	101.64 Delivery of absentee ballots; envelopes; form.--
1106	(1) The supervisor shall enclose with each absentee ballot
1107	two envelopes: a secrecy envelope, into which the absent elector
1108	shall enclose his or her marked ballot; and a mailing envelope,
1109	into which the absent elector shall then place the secrecy
1110	envelope, which shall be addressed to the supervisor and also
1111	bear on the back side a certificate in substantially the
1112	following form:
1113
1114	Note: Please Read Instructions Carefully Before
1115	Marking Ballot and Completing Voter's Certificate.
1116
1117	VOTER'S CERTIFICATE
1118	I, _____, do solemnly swear or affirm that I am a qualified
1119	and registered voter of _____ County, Florida, and that I have
1120	not and will not vote more than one ballot in this election. I
1121	understand that if I commit or attempt to commit any fraud in
1122	connection with voting, vote a fraudulent ballot, or vote more
1123	than once in an election, I can be convicted of a felony of the
1124	third degree and fined up to $5,000 and/or imprisoned for up to
1125	5 years. I also understand that failure to sign this certificate
1126	and have my signature properly witnessed will invalidate my
1127	ballot.
1128
1129	... (Date) ...... (Voter's Signature) ...
1130
1131	Note: Your Signature Must Be Witnessed By One Witness 18 Years
1132	of Age or Older as provided in item 8 ofthe Instruction Sheet.
1133
1134	I swear or affirm that the voter signed this Voter's Certificate
1135	in my presence.
1136
1137	... (Signature of Witness) ...
1138
1139	... (Address) ...
1140
1141	... (City/State) ...
1142
1143	Section 22. Section 101.65, Florida Statutes, is amended
1144	to read:
1145	101.65 Instructions to absent electors.--The supervisor
1146	shall enclose with each absentee ballot separate printed
1147	instructions in substantially the following form:
1148
1149	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
1150	1. VERY IMPORTANT. In order to ensure that your absentee
1151	ballot will be counted, it should be completed and returned as
1152	soon as possible so that it can reach the supervisor of
1153	elections of the county in which your precinct is located no
1154	later than 7 p.m. on the day of the election.
1155	2. Mark your ballot in secret as instructed on the ballot.
1156	You must mark your own ballot unless you are unable to do so
1157	because of blindness, disability, or inability to read or write.
1158	3. Mark only the number of candidates or issue choices for
1159	a race as indicated on the ballot. If you are allowed to "Vote
1160	for One" candidate and you vote for more than one candidate,
1161	your vote in that race will not be counted.
1162	4.3.Place your marked ballot in the enclosed secrecy
1163	envelope.
1164	5.4.Insert the secrecy envelope into the enclosed mailing
1165	envelope which is addressed to the supervisor.
1166	6.5.Seal the mailing envelope and completely fill out the
1167	Voter's Certificate on the back of the mailing envelope.
1168	7.6.VERY IMPORTANT. In order for your absentee ballot to
1169	be counted, you must sign your name on the line above (Voter's
1170	Signature).
1171	8.7.VERY IMPORTANT. If you are an overseas voter, you
1172	must include the date you signed the Voter's Certificate on the
1173	line above (Date) or your ballot may not be counted.
1174	9.8.VERY IMPORTANT. In order for your absentee ballot to
1175	be counted, it must include the signature and address of a
1176	witness 18 years of age or older affixed to the Voter's
1177	Certificate. No candidate may serve as an attesting witness.
1178	10.9.Mail, deliver, or have delivered the completed
1179	mailing envelope. Be sure there is sufficient postage if mailed.
1180	11.10.FELONY NOTICE. It is a felony under Florida law to
1181	accept any gift, payment, or gratuity in exchange for your vote
1182	for a candidate. It is also a felony under Florida law to vote
1183	in an election using a false identity or false address, or under
1184	any other circumstances making your ballot false or fraudulent.
1185	Section 23. Section 101.657, Florida Statutes, is amended
1186	to read:
1187	101.657 Voting absentee ballots in person.--
1188	(1) Any qualified and registered elector may pick up and
1189	vote an absentee ballot in person at the office of, and under
1190	the supervision of, the supervisor of elections. Before
1191	receiving the ballot, the elector must present a current and
1192	validFlorida driver's license, a Florida identification card
1193	issued under s. 322.051, or another form ofpicture
1194	identification as provided in s. 97.0535(3)approved by the
1195	Department of State. If the elector fails to furnish the
1196	required identification, or if the supervisor is in doubt as to
1197	the identity of the elector, the supervisor must follow the
1198	procedure prescribed in s. 101.49. If the elector who fails to
1199	furnish the required identification is a first-time voter who
1200	registered by mail and has not provided the required
1201	identification to the supervisor of elections prior to voting,
1202	the elector shall be allowed to vote a provisional ballot. The
1203	canvassing board shall compare the signature on the provisional
1204	ballot envelope with the signature on the voter's registration
1205	and, if the signatures match, shall count the ballot.
1206	(2) As an alternative to the provisions of ss. 101.64 and
1207	101.65, the supervisor of elections may allow an elector to cast
1208	an absentee ballot in the main or branch office of the
1209	supervisor by depositing the voted ballot in a voting device
1210	used by the supervisor to collect or tabulate ballots. The
1211	results or tabulation may not be made before the close of the
1212	polls on election day.
1213	(a) The elector must provide picture identification as
1214	required in subsection (1)and must complete an In-Office Voter
1215	Certificate in substantially the following form:
1216
1217	IN-OFFICE VOTER CERTIFICATE
1218
1219	I, _____, am a qualified elector in this election and registered
1220	voter of _____ County, Florida. I do solemnly swear or affirm
1221	that I am the person so listed on the voter registration rolls
1222	of _____ County and that I reside at the listed address. I
1223	understand that if I commit or attempt to commit fraud in
1224	connection with voting, vote a fraudulent ballot, or vote more
1225	than once in an election I could be convicted of a felony of the
1226	third degree and both fined up to $5,000 and imprisoned for up
1227	to 5 years. I understand that my failure to sign this
1228	certificate and have my signature witnessed invalidates my
1229	ballot.
1230
1231
1232	... (Voter's Signature) ...
1233
1234	... (Address) ...
1235
1236	... (City/State) ...
1237
1238	... (Name of Witness) ...
1239
1240	... (Signature of Witness) ...
1241
1242	... (Type of identification provided) ...
1243
1244	(b) Any elector may challenge an elector seeking to cast
1245	an absentee ballot under the provisions of s. 101.111. Any
1246	challenged ballot must be placed in a regular absentee ballot
1247	envelope. The canvassing board shall review the ballot and
1248	decide the validity of the ballot by majority vote.
1249	(c) The canvass of returns for ballots cast under this
1250	subsection shall be substantially the same as votes cast by
1251	electors in precincts, as provided in s. 101.5614.
1252	Section 24. Section 101.6921, Florida Statutes, is created
1253	to read:
1254	101.6921 Delivery of special absentee ballot to certain
1255	first-time voters.--
1256	(1) The provisions of this section apply to voters who
1257	registered to vote by mail, who have not previously voted in the
1258	county, and who have not provided the identification or
1259	certification required by s. 97.0535 by the time the absentee
1260	ballot is mailed.
1261	(2) The supervisor shall enclose with each absentee ballot
1262	three envelopes: a secrecy envelope, into which the absent
1263	elector will enclose his or her marked ballot; an envelope
1264	containing the Voter's Certificate, into which the absent
1265	elector shall place the secrecy envelope; and a mailing
1266	envelope, which shall be addressed to the supervisor and into
1267	which the absent elector will place the envelope containing the
1268	Voter's Certificate and a copy of the required identification.
1269	(3) The Voter’s Certificate shall be in substantially the
1270	following form:
1271
1272	Note: Please Read Instructions Carefully Before Marking Ballot
1273	and Completing Voter's Certificate
1274
1275	VOTER’S CERTIFICATE
1276
1277	I , _____, do solemnly swear or affirm that I am a
1278	qualified and registered voter of _____ County, Florida, and
1279	that I have not and will note vote more than one ballot in this
1280	election. I understand that if I commit or attempt to commit any
1281	fraud in connection with voting, vote a fraudulent ballot, or
1282	vote more than once in an election, I can be convicted of a
1283	felony of the third degree and fined up to $5,000 and/or
1284	imprisoned for up to 5 years. I also understand that failure to
1285	sign this certificate and have my signature properly witnessed
1286	will invalidate my ballot. I understand that unless I meet one
1287	of the exemptions below, I must provide a copy of a current and
1288	valid identification as provided in the instruction sheet to the
1289	supervisor of elections in order for my ballot to count.
1290	I further certify that I am exempt from the requirements to
1291	furnish a copy of a current and valid identification with my
1292	ballot because of one or more of the following (check all that
1293	apply):
1294	FORMCHECKBOX I am 65 years of age or older.
1295	FORMCHECKBOX I have a permanent or temporary physical disability.
1296	FORMCHECKBOX I am a member of a uniformed service on active duty who,
1297	by reason of such active duty, will be absent from the county on
1298	election day.
1299	FORMCHECKBOX I am a member of the merchant marine who, by reason of
1300	service in the merchant marine, will be absent from the county
1301	on election day.
1302	FORMCHECKBOX I am the spouse or dependent of a member of the uniformed
1303	service or merchant marine who, by reason of the active duty or
1304	service of the member, will be absent from the county on
1305	election day.
1306	FORMCHECKBOX I am currently residing outside the United States.
1307
1308	... (Date) ...... Voter's Signature ...
1309
1310	Note: Your signature must be witnessed by one witness 18 years
1311	of age or older as provided in the instruction sheet.
1312
1313	I swear or affirm that the voter signed this Voter's Certificate
1314	in my presence.
1315
1316	... (Signature of witness) ...
1317
1318	... (Address) ...
1319
1320	... (City/State) ...
1321
1322	(4) The certificate shall be arranged on the back of the
1323	mailing envelope so that the lines for the signatures of the
1324	absent elector and the attesting witness are across the seal of
1325	the envelope.
1326	Section 25. Section 101.6923, Florida Statutes, is created
1327	to read:
1328	101.6923 Special absentee ballot instructions for certain
1329	first-time voters.--
1330	(1) The provisions of this section apply to voters who
1331	registered to vote by mail, who have not previously voted in the
1332	county, and who have not provided the identification or
1333	information required by s. 97.0535 by the time the absentee
1334	ballot is mailed.
1335	(2) A voter covered by this section shall be provided with
1336	the following printed instructions with his or her absentee
1337	ballot:
1338
1339	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
1340	BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
1341	YOUR BALLOT NOT TO COUNT.
1342
1343	1. In order to ensure that your absentee ballot will be
1344	counted, it should be completed and returned as soon as possible
1345	so that it can reach the supervisor of elections of the county
1346	in which your precinct is located no later than 7 p.m. on the
1347	date of the election.
1348	2. Mark your ballot in secret as instructed on the ballot.
1349	You must mark your own ballot unless you are unable to do so
1350	because of blindness, disability, or inability to read or write.
1351	3. Mark only the number of candidates or issue choices for
1352	a race as indicated on the ballot. If you are allowed to "Vote
1353	for One" candidate and you vote for more than one, your vote in
1354	that race will not be counted.
1355	4. Place your marked ballot in the enclosed secrecy
1356	envelope and seal the envelope.
1357	5. Insert the secrecy envelope into the enclosed envelope
1358	bearing the Voter's Certificate. Seal the envelope and
1359	completely fill out the Voter's Certificate on the back of the
1360	envelope.
1361	a. You must sign your name on the line above (Voter's
1362	Signature).
1363	b. You must have your signature witnessed. Have the
1364	witness sign above (Signature of Witness) and include his or her
1365	address. No candidate may serve as an attesting witness.
1366	c. If you are an overseas voter, you must include the date
1367	you signed the Voter's Certificate on the line above (Date) or
1368	your ballot may not be counted.
1369	6. Unless you meet one of the exemptions in Item 7., you
1370	must make a copy of one of the following forms of
1371	identification:
1372	a. Identification which must include your name and
1373	photograph: current and valid Florida driver's license; Florida
1374	identification card issued by the Department of Highway Safety
1375	and Motor Vehicles; United States passport; employee badge or
1376	identification; buyer's club identification card; debit or
1377	credit card; military identification; student identification;
1378	retirement center identification; neighborhood association
1379	identification; entertainment identification; or public
1380	assistance identification; or
1381	b. Identification which shows your name and current
1382	residence address: current utility bill, bank statement,
1383	government check, paycheck, or government document (excluding
1384	voter identification card).
1385	7. The identification requirements of Item 6. do not apply
1386	if you meet one of the following requirements:
1387	a. You are 65 years of age or older.
1388	b. You have a temporary or permanent physical disability.
1389	c. You are a member of a uniformed service on active duty
1390	who, by reason of such active duty, will be absent from the
1391	county on election day.
1392	d. You are a member of the merchant marine who, by reason
1393	of service in the merchant marine, will be absent from the
1394	county on election day.
1395	e. You are the spouse or dependent of a member referred to
1396	in paragraph c. or paragraph d. who, by reason of the active
1397	duty or service of the member, will be absent from the county on
1398	election day.
1399	f. You are currently residing outside the United States.
1400	8. Place the envelope bearing the Voter's Certificate into
1401	the mailing envelope addressed to the supervisor. Insert a copy
1402	of your identification in the mailing envelope. DO NOT PUT YOUR
1403	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1404	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
1405	BALLOT WILL NOT COUNT.
1406	9. Mail, deliver, or have delivered the completed mailing
1407	envelope. Be sure there is sufficient postage if mailed.
1408	10. FELONY NOTICE. It is a felony under Florida law to
1409	accept any gift, payment, or gratuity in exchange for your vote
1410	for a candidate. It is also a felony under Florida law to vote
1411	in an election using a false identity or false address, or under
1412	any other circumstances making your ballot false or fraudulent.
1413	Section 26. Section 101.6925, Florida Statutes, is created
1414	to read:
1415	101.6925 Canvassing special absentee ballots.--
1416	(1) The supervisor of the county where the absent elector
1417	resides shall receive the voted special absentee ballot, at
1418	which time the mailing envelope shall be opened to determine if
1419	the voter has enclosed the identification required or has
1420	indicated on the Voter's Certificate that he or she is exempt
1421	from the identification requirements.
1422	(2) If the identification is enclosed or the voter has
1423	indicated that he or she is exempt from the identification
1424	requirements, the supervisor shall make the note on the
1425	registration records of the voter and proceed to canvass the
1426	absentee ballot as provided in s. 101.68.
1427	(3) If the identification is not enclosed in the mailing
1428	envelope and the voter has not indicated that he or she is
1429	exempt from the identification requirements, the supervisor
1430	shall check the voter registration records to determine if the
1431	voter's identification was previously received or the voter had
1432	previously notified the supervisor that he or she was exempt.
1433	The envelope with the Voter's Certificate shall not be opened
1434	unless the identification has been received or the voter has
1435	indicated that he or she is exempt. The ballot shall be treated
1436	as a provisional ballot until 7 p.m. on election day and shall
1437	not be canvassed unless the supervisor has received the required
1438	identification or written indication of exemption by 7 p.m. on
1439	election day.
1440	Section 27. Subsection (1) of section 101.694, Florida
1441	Statutes, is amended to read:
1442	101.694 Mailing of ballots upon receipt of federal
1443	postcard application.--
1444	(1) Upon receipt of a federal postcard application for an
1445	absentee ballot executed by a person whose registration is in
1446	order or whose application is sufficient to register or update
1447	the registration of that person, the supervisor shall mail to
1448	the applicant a ballot, if the ballots are available for
1449	mailing. The federal postcard application request for an
1450	absentee ballot shall be effective for all elections through the
1451	next two regularly scheduled general elections.
1452	Section 28. Subsections (2) and (6) of section 102.141,
1453	Florida Statutes, are amended to read:
1454	102.141 County canvassing board; duties.--
1455	(2) The county canvassing board shall meet in a building
1456	accessible to the public in the county where the election
1457	occurred at a time and place to be designated by the supervisor
1458	of elections to publicly canvass the absentee electors' ballots
1459	as provided for in s. 101.68 and provisional ballots as provided
1460	by ss.s. 101.048, 101.049, and 101.6925. Provisional ballots
1461	cast pursuant to s. 101.049 shall be canvassed in a manner that
1462	votes for candidates and issues on those ballots can be
1463	segregated from other votes. Public notice of the time and place
1464	at which the county canvassing board shall meet to canvass the
1465	absentee electors' ballots and provisional ballots shall be
1466	given at least 48 hours prior thereto by publication once in one
1467	or more newspapers of general circulation in the county or, if
1468	there is no newspaper of general circulation in the county, by
1469	posting such notice in at least four conspicuous places in the
1470	county. As soon as the absentee electors' ballots and the
1471	provisional ballots are canvassed, the board shall proceed to
1472	publicly canvass the vote given each candidate, nominee,
1473	constitutional amendment, or other measure submitted to the
1474	electorate of the county, as shown by the returns then on file
1475	in the office of the supervisor of elections and the office of
1476	the county court judge.
1477	(6) If the unofficial returns reflect that a candidate for
1478	any office was defeated or eliminated by one-half of a percent
1479	or less of the votes cast for such office, that a candidate for
1480	retention to a judicial office was retained or not retained by
1481	one-half of a percent or less of the votes cast on the question
1482	of retention, or that a measure appearing on the ballot was
1483	approved or rejected by one-half of a percent or less of the
1484	votes cast on such measure, the board responsible for certifying
1485	the results of the vote on such race or measure shall order a
1486	recount of the votes cast with respect to such office or
1487	measure. A recount need not be ordered with respect to the
1488	returns for any office, however, if the candidate or candidates
1489	defeated or eliminated from contention for such office by one-
1490	half of a percent or less of the votes cast for such office
1491	request in writing that a recount not be made.
1492	(a) In counties with voting systems that use paper
1493	ballots, each canvassing board responsible for conducting a
1494	recount shall put each ballot through automatic tabulating
1495	equipment and determine whether the returns correctly reflect
1496	the votes cast. If any paper ballot is physically damaged so
1497	that it cannot be properly counted by the automatic tabulating
1498	equipment during the recount, a true duplicate shall be made of
1499	the damaged ballot pursuant to the procedures in s. 101.5614(5).
1500	Immediately before the start of the recount and after completion
1501	of the count, a test of the tabulating equipment shall be
1502	conducted as provided in s. 101.5612. If the test indicates no
1503	error, the recount tabulation of the ballots cast shall be
1504	presumed correct and such votes shall be canvassed accordingly.
1505	If an error is detected, the cause therefor shall be ascertained
1506	and corrected and the recount repeated, as necessary. The
1507	canvassing board shall immediately report the error, along with
1508	the cause of the error and the corrective measures being taken,
1509	to the Department of State. No later than 11 days after the
1510	election, the canvassing board shall file a separate incident
1511	report with the Department of State, detailing the resolution of
1512	the matter and identifying any measures that will avoid a future
1513	recurrence of the error.
1514	(b) In counties with voting systems that do not use paper
1515	ballots, each canvassing board responsible for conducting a
1516	recount shall examine the counters on the precinct tabulators to
1517	ensure that the total of the returns on the precinct tabulators
1518	equals the overall election return. If there is a discrepancy
1519	between the overall election return and the counters of the
1520	precinct tabulators, the counters of the precinct tabulators
1521	shall be presumed correct and such votes shall be canvassed
1522	accordingly.
1523	(c) The canvassing board shall submit a second set of
1524	unofficial returns to the Department of State for each federal,
1525	statewide, state, or multicounty office or ballot measure no
1526	later than noon on the third day after any election in which a
1527	recount was conducted pursuant to this subsection. If the
1528	canvassing board is unable to complete the recount prescribed in
1529	this subsection by the deadline, the second set of unofficial
1530	returns submitted by the canvassing board shall be identical to
1531	the initial unofficial returns and the submission shall also
1532	include a detailed explanation of why it was unable to timely
1533	complete the recount. However, the canvassing board shall
1534	complete the recount prescribed in this subsection, along with
1535	any manual recount prescribed in s. 102.166, and certify
1536	election returns in accordance with the requirements of this
1537	chapter.
1538	(d) The Department of State shall adopt detailed rules
1539	prescribing additional recount procedures for each certified
1540	voting system, which shall be uniform to the extent practicable.
1541	Section 29. Paragraph (y) of subsection (1) of section
1542	125.01, Florida Statutes, is amended to read:
1543	125.01 Powers and duties.--
1544	(1) The legislative and governing body of a county shall
1545	have the power to carry on county government. To the extent not
1546	inconsistent with general or special law, this power includes,
1547	but is not restricted to, the power to:
1548	(y) Place questions or propositions on the ballot at any
1549	primary election, general election, or otherwise called special
1550	election, when agreed to by a majority vote of the total
1551	membership of the legislative and governing body, so as to
1552	obtain an expression of elector sentiment with respect to
1553	matters of substantial concern within the county. No special
1554	election may be called for the purpose of conducting a straw
1555	ballot. Any election costs, as defined in s. 97.021(9),
1556	associated with any ballot question or election called
1557	specifically at the request of a district or for the creation of
1558	a district shall be paid by the district either in whole or in
1559	part as the case may warrant.
1560	Section 30. Section 20 of chapter 2002-281, Laws of
1561	Florida, is repealed.
1562	Section 31. Paragraph (a) of subsection (5) of section
1563	163.511, Florida Statutes, is amended to read:
1564	163.511 Special neighborhood improvement districts;
1565	creation; referendum; board of directors; duration; extension.--
1566	(5)(a) The city clerk or the supervisor of elections,
1567	whichever is appropriate, shall enclose with each ballot sent
1568	pursuant to this section two envelopes: a secrecy envelope, into
1569	which the elector or freeholder shall enclose the marked ballot;
1570	and a mailing envelope, into which the elector or freeholder
1571	shall then place the secrecy envelope, which shall be addressed
1572	to the city clerk or the supervisor of elections. The back side
1573	of the mailing envelope shall bear a certificate in
1574	substantially the following form:
1575
1576	Note: Please Read Instructions Carefully Before
1577	Marking Ballot and Completing Voter's Certificate.
1578
1579	VOTER'S CERTIFICATE
1580
1581	I, _____, am a duly qualified and registered ... (voter or
1582	freeholder, whichever is appropriate) ... of the proposed ...
1583	(name) ... ... (Special Residential or Business, whichever is
1584	appropriate) ... Neighborhood Improvement District; and I am
1585	entitled to vote this ballot. I do solemnly swear or affirm that
1586	I have not and will not vote more than one ballot in this
1587	election. I understand that failure to sign this certificate and
1588	have my signature witnessed will invalidate my ballot.
1589	... (Voter's Signature) ...
1590	Note: Your Signature Must Be Witnessed By One Witness 18 Years
1591	of Age or Older as provided in Item 7. ofthe Instruction Sheet.
1592	I swear or affirm that the elector signed this Voter's
1593	Certificate in my presence.
1594
1595	... (Signature of Witness) ...
1596	... (Address) ...... (City/State) ...
1597
1598	Section 32. Section 22 of chapter 2002-281, Laws of
1599	Florida, is amended to read:
1600	Section 22. Except as otherwise expressly provided in this
1601	act, sections 4, 5, 6, 8, 9, 10, 11, 12, 14, and 19 ofthis act
1602	shall take effect the earlier of January 1, 2006, orone year
1603	after the Legislature adopts the General Appropriations Act
1604	specifically appropriating to the Department of State, for
1605	distribution to the counties, $8.7 million or such otheramounts
1606	as it determines and appropriates for the specific purpose of
1607	funding this act.
1608	Section 33. Except as otherwise provided herein, this act
1609	shall take effect January 1, 2004.
1610
1611	================= T I T L E A M E N D M E N T =================
1612	Remove the entire title, and insert:
1613	A bill to be entitled
1614	An act relating to elections; amending s. 97.012, F.S.;
1615	revising and providing duties of the Secretary of State as
1616	chief election officer; amending s. 97.021, F.S.; deleting
1617	the definition of "central voter file"; revising the
1618	definition of "provisional ballot"; conforming a cross
1619	reference; amending s. 97.052, F.S.; requiring the uniform
1620	statewide voter registration application to contain a
1621	notice to first-time registrants about required
1622	identification prior to voting the first time; amending s.
1623	97.053, F.S.; authorizing use of a driver's license or
1624	state-issued identification card number in lieu of a
1625	portion of the social security number on a voter
1626	registration application; creating s. 97.028, F.S.;
1627	providing procedures on complaints of violations of Title
1628	III of the Help America Vote Act of 2002; creating s.
1629	97.0535, F.S.; providing registration requirements for
1630	applicants who register by mail and who haven't previously
1631	voted in the county; amending s. 98.045, F.S.; deleting a
1632	reference, to conform; repealing s. 98.097, F.S., relating
1633	to the central voter file; amending s. 98.0977, F.S.;
1634	providing for continued operation and maintenance of the
1635	statewide voter registration database until the statewide
1636	voter registration system required by the Help America
1637	Vote Act of 2002 is operational; requiring the Department
1638	of State to begin the development of a statewide voter
1639	registration system designed to meet certain requirements
1640	of the Help America Vote Act of 2002; amending s. 98.212,
1641	F.S.; removing duty of supervisors of elections relating
1642	to the central voter file, to conform; amending s. 98.461,
1643	F.S.; requiring use of a computer printout as a precinct
1644	register at the polls; requiring the precinct register to
1645	contain space for elector signatures and clerk or
1646	inspector initials; amending and renumbering s. 98.471,
1647	F.S.; providing requirements for identification required
1648	at the polls; providing for voting a provisional ballot
1649	under certain circumstances; repealing s. 98.491, F.S.,
1650	relating to intent that alternative electronic procedures
1651	for registration and elections be followed at the
1652	discretion of the supervisor of elections; amending s.
1653	101.048, F.S.; providing for casting a provisional ballot
1654	by electronic means; requiring each supervisor of
1655	elections to create a free access system that allows each
1656	person casting a provisional ballot to find out whether
1657	the ballot was counted and, if not, why; requiring each
1658	person casting a provisional ballot to be given written
1659	instructions regarding the free access system; creating s.
1660	101.049, F.S.; requiring voting that occurs during polling
1661	hours extended by a court or other order to be done by
1662	provisional ballot; providing requirements for casting
1663	provisional ballots under such circumstances; amending s.
1664	101.111, F.S.; revising provisions relating to challenging
1665	the right of a person to vote; providing for voting a
1666	provisional ballot under certain circumstances; amending
1667	s. 101.56062, F.S.; revising standards for accessible
1668	voting systems to remove standards relating to audio and
1669	visual access approaches; amending s. 101.62, F.S.;
1670	providing an exception to limiting an absentee ballot
1671	request to ballots for elections within a single calendar
1672	year; amending s. 101.64, F.S.; revising a reference on
1673	the Voter's Certificate; amending s. 101.65, F.S.;
1674	revising the instructions to absentee electors to include
1675	instructions to prevent overvoting; amending s. 101.657,
1676	F.S.; requiring certain persons voting absentee in person
1677	to vote a provisional ballot; creating s. 101.6921, F.S.;
1678	providing requirements for delivery of special absentee
1679	ballots for certain first-time voters; creating s.
1680	101.6923, F.S.; providing voter instructions for such
1681	special absentee ballots; creating s. 101.6925, F.S.;
1682	providing requirements for the canvassing of special
1683	absentee ballots; amending s. 101.694, F.S.; authorizing
1684	federal postcard applicants for absentee ballots to
1685	receive ballots for two general election cycles; amending
1686	s. 102.141, F.S.; requiring the canvassing of provisional
1687	ballots cast during any extended polling-hour period to
1688	segregate the votes from such ballots from other votes;
1689	directing the Department of State to adopt uniform rules
1690	for machine recounts; amending s. 125.01, F.S.; conforming
1691	a cross reference; repealing s. 20, ch. 2002-281, Laws of
1692	Florida; eliminating future revision of a cross reference,
1693	to conform; amending s. 163.511, F.S.; revising a
1694	reference; amending s. 22, ch. 2002-281, Laws of Florida;
1695	deferring the applicability of certain revisions to the
1696	election code affecting persons with disabilities;
1697	providing effective dates.