HB 0007A 2003
1	A bill to be entitled
2	An act relating to elections; amending s. 97.012, F.S.;
3	revising and providing duties of the Secretary of State as
4	chief election officer; amending s. 97.021, F.S.; deleting
5	the definition of "central voter file"; revising the
6	definition of "provisional ballot"; amending s. 97.052,
7	F.S.; requiring the uniform statewide voter registration
8	application to contain a notice to first-time registrants
9	about required identification prior to voting the first
10	time; amending s. 97.053, F.S.; authorizing use of a
11	driver's license or state-issued identification card
12	number in lieu of a portion of the social security number
13	on a voter registration application; creating s. 97.028,
14	F.S.; providing procedures on complaints of violations of
15	Title III of the Help America Vote Act of 2002; creating
16	s. 97.0535, F.S.; providing registration requirements for
17	applicants who register by mail and who haven't previously
18	voted in the county; amending s. 98.045, F.S.; deleting a
19	reference, to conform; repealing s. 98.097, F.S., relating
20	to the central voter file; amending s. 98.0977, F.S.;
21	providing for continued operation and maintenance of the
22	statewide voter registration database until the statewide
23	voter registration system required by the Help America
24	Vote Act of 2002 is operational; requiring the Department
25	of State to begin the development of a statewide voter
26	registration system designed to meet certain requirements
27	of the Help America Vote Act of 2002; amending s. 98.212,
28	F.S.; removing duty of supervisors of elections relating
29	to the central voter file, to conform; amending s. 98.461,
30	F.S.; requiring use of a computer printout as a precinct
31	register at the polls; requiring the precinct register to
32	contain space for elector signatures and clerk or
33	inspector initials; amending and renumbering s. 98.471,
34	F.S.; providing requirements for identification required
35	at the polls; providing for voting a provisional ballot
36	under certain circumstances; repealing s. 98.491, F.S.,
37	relating to intent that alternative electronic procedures
38	for registration and elections be followed at the
39	discretion of the supervisor of elections; amending s.
40	101.048, F.S.; providing for casting a provisional ballot
41	by electronic means; requiring each supervisor of
42	elections to create a free access system that allows each
43	person casting a provisional ballot to find out whether
44	the ballot was counted and, if not, why; requiring each
45	person casting a provisional ballot to be given written
46	instructions regarding the free access system; creating s.
47	101.049, F.S.; requiring voting that occurs during polling
48	hours extended by a court or other order to be done by
49	provisional ballot; providing requirements for casting
50	provisional ballots under such circumstances; amending s.
51	101.111, F.S.; revising provisions relating to challenging
52	the right of a person to vote; providing for voting a
53	provisional ballot under certain circumstances; amending
54	s. 101.62, F.S.; providing an exception to limiting an
55	absentee ballot request to ballots for elections within a
56	single calendar year; amending s. 101.64, F.S.; revising a
57	reference on the Voter's Certificate; amending s. 101.65,
58	F.S.; revising the instructions to absentee electors to
59	include instructions to prevent overvoting; amending s.
60	101.657, F.S.; requiring certain persons voting absentee
61	in person to vote a provisional ballot; creating s.
62	101.6921, F.S.; providing requirements for delivery of
63	special absentee ballots for certain first-time voters;
64	creating s. 101.6923, F.S.; providing voter instructions
65	for such special absentee ballots; creating s. 101.6925,
66	F.S.; providing requirements for the canvassing of special
67	absentee ballots; amending s. 101.694, F.S.; authorizing
68	federal postcard applicants for absentee ballots to
69	receive ballots for two general election cycles; amending
70	s. 102.141, F.S.; requiring the canvassing of provisional
71	ballots cast during any extended polling-hour period to
72	segregate the votes from such ballots from other votes;
73	directing the Department of State to adopt uniform rules
74	for machine recounts; amending s. 125.01, F.S.; conforming
75	a cross reference; repealing s. 20, ch. 2002-281, Laws of
76	Florida; eliminating future revision of a cross reference,
77	to conform; amending s. 163.511, F.S.; revising a
78	reference; providing for construction of the act in pari
79	materia with laws enacted during the 2003 Regular Session
80	of the Legislature; providing effective dates.
81
82	Be It Enacted by the Legislature of the State of Florida:
83
84	Section 1. Section 97.012, Florida Statutes, is amended to
85	read:
86	97.012 Secretary of State as chief election officer.--The
87	Secretary of State is the chief election officer of the state,
88	and it is his or her responsibility to:
89	(1) Obtain and maintain uniformity in the application,
90	operation, and interpretation of the election laws.
91	(2) Provide uniform standards for the proper and equitable
92	implementation of the registration laws.
93	(3) Actively seek out and collect the data and statistics
94	necessary to knowledgeably scrutinize the effectiveness of
95	election laws.
96	(4) Provide technical assistance to the supervisors of
97	elections on voter education and election personnel training
98	services.
99	(5) Provide technical assistance to the supervisors of
100	elections on voting systems.
101	(6) Provide voter education assistance to the public.
102	(7) Coordinate the state's responsibilities under the
103	National Voter Registration Act of 1993.
104	(8) Provide training to all affected state agencies on the
105	necessary procedures for proper implementation of this chapter.
106	(9) Ensure that all registration applications and forms
107	prescribed or approved by the department are in compliance with
108	the Voting Rights Act of 1965.
109	(10) Coordinate with the United States Department of
110	Defense so that armed forces recruitment offices administer
111	voter registration in a manner consistent with the procedures
112	set forth in this code for voter registration agencies.
113	(11) Create and maintain a statewide voter registration
114	databasecentral voter file.
115	(12) Maintain a voter fraud hotline and provide election
116	fraud education to the public.
117	(13) Designate an office within the department to be
118	responsible for providing information regarding voter
119	registration procedures and absentee ballot procedures to absent
120	uniformed services voters and overseas voters.
121	Section 2. Section 97.021, Florida Statutes, is amended to
122	read:
123	97.021 Definitions.--For the purposes of this code, except
124	where the context clearly indicates otherwise, the term:
125	(1) "Absent elector" means any registered and qualified
126	voter who casts an absentee ballot.
127	(2) "Alternative formats" has the meaning ascribed in the
128	Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42
129	U.S.C. ss. 12101 et seq., including specifically the technical
130	assistance manuals promulgated thereunder, as amended.
131	(3) "Ballot" or "official ballot" when used in reference
132	to:
133	(a) "Paper ballots" means that printed sheet of paper,
134	used in conjunction with an electronic or electromechanical vote
135	tabulation voting system, containing the names of candidates, or
136	a statement of proposed constitutional amendments or other
137	questions or propositions submitted to the electorate at any
138	election, on which sheet of paper an elector casts his or her
139	vote.
140	(b) "Electronic or electromechanical devices" means a
141	ballot that is voted by the process of electronically
142	designating, including by touchscreen, or marking with a marking
143	device for tabulation by automatic tabulating equipment or data
144	processing equipment.
145	(4) "Candidate" means any person to whom any one or more
146	of the following applies:
147	(a) Any person who seeks to qualify for nomination or
148	election by means of the petitioning process.
149	(b) Any person who seeks to qualify for election as a
150	write-in candidate.
151	(c) Any person who receives contributions or makes
152	expenditures, or gives his or her consent for any other person
153	to receive contributions or make expenditures, with a view to
154	bringing about his or her nomination or election to, or
155	retention in, public office.
156	(d) Any person who appoints a treasurer and designates a
157	primary depository.
158	(e) Any person who files qualification papers and
159	subscribes to a candidate's oath as required by law.
160
161	However, this definition does not include any candidate for a
162	political party executive committee.
163	(5) "Central voter file" means a statewide, centrally
164	maintained database containing voter registration information of
165	all counties in this state.
166	(5)(6)"Department" means the Department of State.
167	(6)(7)"Division" means the Division of Elections of the
168	Department of State.
169	(7)(8)"Election" means any primary election, special
170	primary election, special election, general election, or
171	presidential preference primary election.
172	(8)(9)"Election board" means the clerk and inspectors
173	appointed to conduct an election.
174	(9)(10)"Election costs" shall include, but not be limited
175	to, expenditures for all paper supplies such as envelopes,
176	instructions to voters, affidavits, reports, ballot cards,
177	ballot booklets for absentee voters, postage, notices to voters;
178	advertisements for registration book closings, testing of voting
179	equipment, sample ballots, and polling places; forms used to
180	qualify candidates; polling site rental and equipment delivery
181	and pickup; data processing time and supplies; election records
182	retention; and labor costs, including those costs uniquely
183	associated with absentee ballot preparation, poll workers, and
184	election night canvass.
185	(10)(11)"Elector" is synonymous with the word "voter" or
186	"qualified elector or voter," except where the word is used to
187	describe presidential electors.
188	(11)(12)"General election" means an election held on the
189	first Tuesday after the first Monday in November in the even-
190	numbered years, for the purpose of filling national, state,
191	county, and district offices and for voting on constitutional
192	amendments not otherwise provided for by law.
193	(12)(13)"Lists of registered electors" means copies of
194	printed lists of registered electors, computer tapes or disks,
195	or any other device used by the supervisor of elections to
196	maintain voter records.
197	(13)(14)"Member of the Merchant Marine" means an
198	individual, other than a member of a uniformed service or an
199	individual employed, enrolled, or maintained on the Great Lakes
200	for the inland waterways, who is:
201	(a) Employed as an officer or crew member of a vessel
202	documented under the laws of the United States, a vessel owned
203	by the United States, or a vessel of foreign-flag registry under
204	charter to or control of the United States; or
205	(b) Enrolled with the United States for employment or
206	training for employment, or maintained by the United States for
207	emergency relief service, as an officer or crew member of such
208	vessel.
209	(14)(15)"Minor political party" is any group as defined
210	in this subsection which on January 1 preceding a primary
211	election does not have registered as members 5 percent of the
212	total registered electors of the state. Any group of citizens
213	organized for the general purposes of electing to office
214	qualified persons and determining public issues under the
215	democratic processes of the United States may become a minor
216	political party of this state by filing with the department a
217	certificate showing the name of the organization, the names of
218	its current officers, including the members of its executive
219	committee, and a copy of its constitution or bylaws. It shall be
220	the duty of the minor political party to notify the department
221	of any changes in the filing certificate within 5 days of such
222	changes.
223	(15)(16)"Newspaper of general circulation" means a
224	newspaper printed in the language most commonly spoken in the
225	area within which it circulates and which is readily available
226	for purchase by all inhabitants in the area of circulation, but
227	does not include a newspaper intended primarily for members of a
228	particular professional or occupational group, a newspaper the
229	primary function of which is to carry legal notices, or a
230	newspaper that is given away primarily to distribute
231	advertising.
232	(16)(17)"Nominal value" means having a retail value of
233	$10 or less.
234	(17)(18)"Nonpartisan office" means an office for which a
235	candidate is prohibited from campaigning or qualifying for
236	election or retention in office based on party affiliation.
237	(18)(19)"Office that serves persons with disabilities"
238	means any state office that takes applications either in person
239	or over the telephone from persons with disabilities for any
240	program, service, or benefit primarily related to their
241	disabilities.
242	(19)(20)"Overseas voter" means:
243	(a) Members of the uniformed services while in the active
244	service who are permanent residents of the state and are
245	temporarily residing outside the territorial limits of the
246	United States and the District of Columbia;
247	(b) Members of the Merchant Marine of the United States
248	who are permanent residents of the state and are temporarily
249	residing outside the territorial limits of the United States and
250	the District of Columbia; and
251	(c) Other citizens of the United States who are permanent
252	residents of the state and are temporarily residing outside the
253	territorial limits of the United States and the District of
254	Columbia,
255
256	who are qualified and registered to vote as provided by law.
257	(20)(21)"Overvote" means that the elector marks or
258	designates more names than there are persons to be elected to an
259	office or designates more than one answer to a ballot question,
260	and the tabulator records no vote for the office or question.
261	(21)(22)"Persons with disabilities" means individuals who
262	have a physical or mental impairment that substantially limits
263	one or more major life activities.
264	(22)(23)"Polling place" is the building which contains
265	the polling room where ballots are cast.
266	(23)(24)"Polling room" means the actual room in which
267	ballots are cast.
268	(24)(25)"Primary election" means an election held
269	preceding the general election for the purpose of nominating a
270	party nominee to be voted for in the general election to fill a
271	national, state, county, or district office. The first primary
272	is a nomination or elimination election; the second primary is a
273	nominating election only.
274	(25)(26) "Provisional ballot" means a conditional ballot,
275	the validity of which is determined by the canvassing board
276	issued to a voter by the election board at the polling place on
277	election day for one of the following reasons:
278	(a) The voter's name does not appear on the precinct
279	register and verification of the voter's eligibility cannot be
280	determined; or
281	(b) There is an indication on the precinct register that
282	the voter has requested an absentee ballot and there is no
283	indication whether the voter has returned the absentee ballot.
284	(26)(27)"Public assistance" means assistance provided
285	through the food stamp program; the Medicaid program; the
286	Special Supplemental Food Program for Women, Infants, and
287	Children; and the WAGES Program.
288	(27)(28)"Public office" means any federal, state, county,
289	municipal, school, or other district office or position which is
290	filled by vote of the electors.
291	(28)(29)"Qualifying educational institution" means any
292	public or private educational institution receiving state
293	financial assistance which has, as its primary mission, the
294	provision of education or training to students who are at least
295	18 years of age, provided such institution has more than 200
296	students enrolled in classes with the institution and provided
297	that the recognized student government organization has
298	requested this designation in writing and has filed the request
299	with the office of the supervisor of elections in the county in
300	which the institution is located.
301	(29)(30)"Special election" is a special election called
302	for the purpose of voting on a party nominee to fill a vacancy
303	in the national, state, county, or district office.
304	(30)(31)"Special primary election" is a special
305	nomination election designated by the Governor, called for the
306	purpose of nominating a party nominee to be voted on in a
307	general or special election.
308	(31)(32)"Supervisor" means the supervisor of elections.
309	(32)(33)"Tactile input device" means a device that
310	provides information to a voting system by means of a voter
311	touching the device, such as a keyboard, and that complies with
312	the requirements of s. 101.56062(1)(k) and (l).
313	(33)(34)"Undervote" means that the elector does not
314	properly designate any choice for an office or ballot question,
315	and the tabulator records no vote for the office or question.
316	(34)(35)"Uniformed services" means the Army, Navy, Air
317	Force, Marine Corps, and Coast Guard, the commissioned corps of
318	the Public Health Service, and the commissioned corps of the
319	National Oceanic and Atmospheric Administration.
320	(35)(36)"Voter interface device" means any device that
321	communicates voting instructions and ballot information to a
322	voter and allows the voter to select and vote for candidates and
323	issues.
324	(36)(37)"Voter registration agency" means any office that
325	provides public assistance, any office that serves persons with
326	disabilities, any center for independent living, or any public
327	library.
328	(37)(38)"Voting booth" or "booth" means that booth or
329	enclosure wherein an elector casts his or her ballot for
330	tabulation by an electronic or electromechanical device.
331	(38)(39)"Voting system" means a method of casting and
332	processing votes that functions wholly or partly by use of
333	electromechanical or electronic apparatus or by use of paper
334	ballots and includes, but is not limited to, the procedures for
335	casting and processing votes and the programs, operating
336	manuals, tabulating cards, printouts, and other software
337	necessary for the system's operation.
338	Section 3. Subsection (3) of section 97.052, Florida
339	Statutes, is amended to read:
340	97.052 Uniform statewide voter registration application.--
341	(3) The uniform statewide voter registration application
342	must also contain:
343	(a) The oath required by s. 3, Art. VI of the State
344	Constitution and s. 97.051.
345	(b) A statement specifying each eligibility requirement
346	under s. 97.041.
347	(c) The penalties provided in s. 104.011 for false
348	swearing in connection with voter registration.
349	(d) A statement that, if an applicant declines to register
350	to vote, the fact that the applicant has declined to register
351	will remain confidential and may be used only for voter
352	registration purposes.
353	(e) A statement that informs the applicant who chooses to
354	register to vote or update a voter registration record that the
355	office at which the applicant submits a voter registration
356	application or updates a voter registration record will remain
357	confidential and may be used only for voter registration
358	purposes.
359	(f) A statement that informs the applicant that any person
360	who has been granted a homestead exemption in this state, and
361	who registers to vote in any precinct other than the one in
362	which the property for which the homestead exemption has been
363	granted, shall have that information forwarded to the property
364	appraiser where such property is located, which may result in
365	the person's homestead exemption being terminated and the person
366	being subject to assessment of back taxes under s. 193.092,
367	unless the homestead granted the exemption is being maintained
368	as the permanent residence of a legal or natural dependent of
369	the owner and the owner resides elsewhere.
370	(g) A statement informing the applicant that if the form is
371	submitted by mail and the applicant is registering for the first
372	time, the applicant will be required to provide identification
373	prior to voting the first time.
374	Section 4. Paragraph (a) of subsection (5) of section
375	97.053, Florida Statutes, is amended to read:
376	97.053 Acceptance of voter registration applications.--
377	(5)(a) A voter registration application is complete if it
378	contains:
379	1. The applicant's name.
380	2. The applicant's legal residence address.
381	3. The applicant's date of birth.
382	4. An indication that the applicant is a citizen of the
383	United States.
384	5. The applicant’s Florida driver’s license number, the
385	identification number from a Florida identification card issued
386	under s. 322.051, orthe last four digits of the applicant's
387	social security number.
388	6. An indication that the applicant has not been convicted
389	of a felony or that, if convicted, has had his or her civil
390	rights restored.
391	7. An indication that the applicant has not been
392	adjudicated mentally incapacitated with respect to voting or
393	that, if so adjudicated, has had his or her right to vote
394	restored.
395	8. Signature of the applicant swearing or affirming under
396	the penalty for false swearing pursuant to s. 104.011 that the
397	information contained in the registration application is true
398	and subscribing to the oath required by s. 3, Art. VI of the
399	State Constitution and s. 97.051.
400	Section 5. Effective upon this act becoming a law, section
401	97.028, Florida Statutes, is created to read:
402	97.028 Procedures on complaints of violations of Title III
403	of the Help America Vote Act of 2002.--
404	(1)(a) Any person who believes that a violation of Title
405	III of the Help America Vote Act of 2002 has occurred, is
406	occurring, or is about to occur may file a complaint with the
407	department.
408	(b) The complaint must be in writing and must be signed and
409	sworn to before a notary by the person filing the complaint.
410	Further, the complaint must state the alleged violation and the
411	person or entity responsible for the violation. The department
412	shall prescribe the form for complaints filed under this section.
413	If the department determines that the complaint fails to allege
414	both a violation and a person or entity responsible for the
415	violation, or that the complaint is not properly executed, the
416	department shall inform the complainant in writing that the
417	complaint is legally insufficient.
418	(c) For purposes of this section, a violation of Title III
419	of the Help America Vote Act of 2002 is the failure to perform an
420	act required or the performance of an act prohibited by Title III
421	of the Help America Vote Act of 2002 by a covered person or
422	entity.
423	(d) The department shall have sole jurisdiction over
424	complaints filed under the provisions of this section.
425	(e) This section provides the sole avenue of redress for
426	alleged violations of Title III of the Help America Vote Act of
427	2002 and does not give rise to any other cause of action.
428	(f) The department may consolidate complaints filed under
429	this section.
430	(g) All proceedings under this section are exempt from
431	chapter 120.
432	(2)(a) When a legally sufficient complaint is filed with
433	the department, the agency head shall designate a hearing officer
434	who shall:
435	1. Provide the subject of the complaint with a copy of the
436	complaint. The subject of the complaint shall, within 10 days
437	after receipt of the complaint, file with the department a
438	written, sworn response to the complaint.
439	2. Upon receipt of the response, the hearing officer shall
440	review both sworn filings to determine whether a violation of the
441	Title III of the Help America Vote Act of 2002 has occurred, is
442	occurring, or is about to occur. The complaint and the response
443	shall constitute the official hearing record to be considered by
444	the hearing officer. The hearing officer shall provide the
445	complainant with a copy of the response.
446	3. At the hearing officer’s discretion, the complainant and
447	the respondent may be ordered by the hearing officer to provide
448	additional sworn oral or written statements or additional
449	documents to assist the hearing officer in making his or her
450	determination. Further, other relevant witnesses may also be
451	ordered by the hearing officer to give sworn testimony or to
452	provide relevant documents to assist the hearing officer in
453	making his or her determination. Any such statements or documents
454	received by the hearing officer shall also become part of the
455	official hearing record. For purposes of this section, the
456	hearing officer is authorized to administer oaths and to issue
457	subpoenas.
458	4. The hearing officer shall advise both the complainant
459	and respondent in writing of their determination. If the hearing
460	officer determines that no violation has occurred, is occurring,
461	or is about to occur, the department shall dismiss the complaint
462	and publish its determination. If the hearing officer determines
463	that a violation of Title III of the Help America Vote Act has
464	occurred, is occurring, or is about to occur, the department
465	shall issue and deliver an order directing the appropriate
466	remedy to persons responsible for effecting such remedy. The
467	issuance of an order does not constitute agency action for which
468	a hearing under ss. 120.569 or 120.57 may be sought. For
469	purposes of enforcing the order, the department may initiate a
470	proceeding in the name of the state seeking issuance of an
471	injunction, a writ of mandamus, or other equitable remedy
472	against any person who violates any provision of such order.
473	5. The department shall make a final determination with
474	respect to the complaint within 90 days after the date that the
475	complaint was filed, unless the complainant consents to a longer
476	period for making such a determination.
477	(b) If the department fails to meet the deadline
478	established in subparagraph (a)5., the complaint shall be
479	forwarded to mediation. Mediation shall occur within 60 days
480	after the department’s failure to make a determination within the
481	timeframe established in subparagraph (a)5. The record created
482	under this section shall be made available for use in the
483	mediation.
484	Section 6. Section 97.0535, Florida Statutes, is created
485	to read:
486	97.0535 Special requirements for certain applicants.--
487	(1) Each applicant who registers by mail and who has never
488	previously voted in the county shall be required to provide a
489	copy of a current and valid photo identification, as provided in
490	subsection (3), or indicate that he or she is exempt from the
491	requirements prior to voting. The applicant may provide the
492	identification or indication at the time of registering, or at
493	any time prior to voting for the first time in the county. If the
494	voter registration application clearly provides information from
495	which the supervisor can determine that the applicant meets at
496	least one of the exemptions in subsection (4), the supervisor
497	shall make the notation on the registration records and the
498	applicant shall not be required to provide further information
499	that is required of first time voters who register by mail.
500	(2) The supervisor of elections shall, upon accepting the
501	voter registration for an applicant who registered by mail and
502	who has not previously voted in the county, determine if the
503	applicant provided the required identification at the time of
504	registering. If the required identification was not provided, the
505	supervisor shall notify the applicant that he or she must provide
506	the identification prior to voting the first time in the county.
507	(3) The following forms of identification shall be
508	considered current and valid if they contain the name and
509	photograph of the applicant and have not expired:
510	(a) Florida driver’s license.
511	(b) Florida identification card issued by the Department of
512	Highway Safety and Motor Vehicles.
513	(c) United States passport.
514	(d) Employee badge or identification.
515	(e) Buyer’s club identification.
516	(f) Debit or credit card.
517	(g) Military identification.
518	(h) Student identification.
519	(i) Retirement center identification.
520	(j) Neighborhood association identification.
521	(k) Entertainment identification.
522	(l) Public assistance identification.
523	(4) The following persons are exempt from the
524	identification requirements of this section:
525	(a) Persons 65 years of age or older.
526	(b) Persons with a temporary or permanent physical
527	disability.
528	(c) Members of the uniformed service on active duty who, by
529	reason of such active duty, are absent from the county on
530	election day.
531	(d) Members of the merchant marine who, by reason of
532	service in the merchant marine, are absent from the county on
533	election day.
534	(e) The spouse or dependent of a member referred to in
535	paragraph (c) or paragraph (d) who, by reason of the active duty
536	or service of the member, is absent from the county on election
537	day.
538	(f) Persons currently residing outside the United States
539	who are eligible to vote in Florida.
540	Section 7. Subsection (3) of section 98.045, Florida
541	Statutes, is amended to read:
542	98.045 Administration of voter registration.--
543	(3) Notwithstanding the provisions of ss. 98.095, 98.097,
544	and 98.0977,each supervisor shall maintain for at least 2
545	years, and make available for public inspection and copying, all
546	records concerning implementation of registration list
547	maintenance programs and activities conducted pursuant to ss.
548	98.065, 98.075, and 98.0977. The records must include lists of
549	the name and address of each person to whom an address
550	confirmation final notice was sent and information as to whether
551	each such person responded to the mailing, but may not include
552	any information that is confidential or exempt from public
553	record requirements under this code.
554	Section 8. Section 98.097, Florida Statutes, is repealed.
555	Section 9. Section 98.0977, Florida Statutes, is amended
556	to read:
557	98.0977 Statewide voter registration database; operation
558	developmentand maintenance.--
559	(1) From the funds appropriated, The department shallmay
560	contract with the Florida Association of Court Clerks to
561	analyze, design, develop, operate, and maintain theastatewide,
562	on-line voter registration database and associated website until
563	such time as the statewide voter registration system required to
564	be developed pursuant to the Help America Vote Act of 2002 is
565	operational, to be fully operational statewide by June 1, 2002.
566	The database shall contain voter registration information from
567	each of the 67 supervisors of elections in this state and shall
568	be accessible through an Internet website. The system shall
569	provide functionality for ensuring that the database is updated
570	on a daily basis to determine if a registered voter is
571	ineligible to vote for any of the following reasons, including,
572	but not limited to:
573	(a) The voter is deceased;
574	(b) The voter has been convicted of a felony and has not
575	had his or her civil rights restored; or
576	(c) The voter has been adjudicated mentally incompetent
577	and his or her mental capacity with respect to voting has not
578	been restored.
579
580	The database shall also allow for duplicate voter registrations
581	to be identified.
582	(2) The Department of State shall not contract with any
583	private entity other than the Florida Association of Court
584	Clerks for the operation or maintenanceof the statewide voter
585	registration database.
586	(3)(a) In administering the database, each supervisor of
587	elections shall compare registration information provided by a
588	voter with information held by the Department of Law
589	Enforcement, the Board of Executive Clemency, the Office of
590	Vital Statistics, and other relevant sources.
591	(b) The supervisor of elections shall remove from the
592	voter registration rolls the name of any person who is listed in
593	the database as deceased.
594	(c) Information in the database indicating that a person
595	registered to vote in a given county has subsequently registered
596	to vote in another jurisdiction shall be considered as a written
597	request from that voter to have his or her name removed from the
598	voter registration rolls of that county, and the supervisor of
599	elections of that county shall remove that voter's name from the
600	county's voter registration rolls.
601	(d) When the supervisor of elections finds information
602	through the database that suggests that a voter has been
603	convicted of a felony and has not had his or her civil rights
604	restored or has been adjudicated mentally incompetent and his or
605	her mental capacity with respect to voting has not been
606	restored, the supervisor of elections shall notify the voter by
607	certified United States mail. The notification shall contain a
608	statement as to the reason for the voter's potential
609	ineligibility to be registered to vote and shall request
610	information from the voter on forms provided by the supervisor
611	of elections. As an alternative, the voter may attend a hearing
612	at a time and place specified in the notice. If there is
613	evidence that the notice was not received, notice must be given
614	once by publication in a newspaper of general circulation in the
615	county. The notice must plainly state that the voter is
616	potentially ineligible to be registered to vote and must state a
617	time and place for the person to appear before the supervisor of
618	elections to show cause why his or her name should not be
619	removed from the voter registration rolls. After reviewing the
620	information provided by the voter, if the supervisor of
621	elections determines that the voter is not eligible to vote
622	under the laws of this state, the supervisor of elections shall
623	notify the voter by certified United States mail that he or she
624	has been found ineligible to be registered to vote in this
625	state, shall state the reason for the ineligibility, and shall
626	inform the voter that he or she has been removed from the voter
627	registration rolls. The supervisor of elections shall remove
628	from the voter registration rolls the name of any voter who
629	fails either to respond within 30 days to the notice sent by
630	certified mail or to attend the hearing.
631	(e) Upon hearing all evidence in a hearing, the supervisor
632	of elections must determine whether there is sufficient evidence
633	to strike the person's name from the registration books. If the
634	supervisor determines that there is sufficient evidence, he or
635	she must strike the name.
636	(f) Appeal may be taken to the circuit court in and for
637	the county where the person was registered. Notice of appeal
638	must be filed within the time and in the manner provided by the
639	Florida Rules of Appellate Procedure and acts as supersedeas.
640	Trial in the circuit court is de novo and governed by the rules
641	of that court. Unless the person can show that his or her name
642	was erroneously or illegally stricken from the registration
643	books or that he or she is indigent, the person must bear the
644	costs of the trial in the circuit court. Otherwise, the cost of
645	the appeal must be paid by the board of county commissioners.
646	(4) To the maximum extent feasible, state and local
647	government entities shall facilitate provision of information
648	and access to data to the department in order to compare
649	information in the statewide voter registration database with
650	available information in other computer databases, including,
651	but not limited to, databases that contain reliable criminal
652	records and records of deceased persons. State and local
653	governmental agencies that provide such data shall do so without
654	charge if the direct cost incurred by those agencies is not
655	significant.
656	(5) The Division of Elections shall provide written
657	quarterly progress reports on each phase of development of the
658	voter registration database to the President of the Senate and
659	the Speaker of the House of Representatives beginning July 1,
660	2001, and continuing until the database is fully implemented.
661	(5)(6)The duties of the supervisors of elections under
662	this section shall be considered part of their regular
663	registration list maintenance duties under this chapter, and any
664	supervisor of elections who willfully refuses or willfully
665	neglects to perform his or her duties under this section shall
666	be in violation of s. 104.051(2).
667	Section 10. (1) Beginning July 1, 2003, from the funds
668	appropriated the Department of State shall begin the development
669	of a statewide voter registration system designed to meet the
670	requirements of sections 303 through 305 of the Help America Vote
671	Act of 2002. The Legislature recognizes that the January 1, 2004,
672	implementation date for the system provided in the federal bill
673	cannot be met because there is not sufficient time for
674	implementation of such a system. Accordingly, the department
675	shall certify these facts to the Election Assistance Commission
676	in order to qualify for waiver and extension of the due date
677	until January 1, 2006.
678	(2) The department shall begin system needs assessments and
679	design activities by July 1, 2003. The Department of Highway
680	Safety and Motor Vehicles, the Department of Health, the
681	Department of Law Enforcement, the Board of Executive Clemency,
682	the State Technology Office, and representatives of the Florida
683	State Association of Supervisors of Elections shall cooperate and
684	participate in the development of the system. Other state
685	agencies and local government entities that may have data or
686	systems needed for integration with the system shall also
687	cooperate and participate in the development of the system upon a
688	request from the department.
689	(3) No later than January 31, 2004, the department shall
690	present to the Governor, the President of the Senate, and the
691	Speaker of the House of Representatives a plan for completion of
692	the system, which shall include:
693	(a) Business process design for all participants in the
694	system operation.
695	(b) Design, location, and specifications for hardware,
696	system software components, and communications infrastructure of
697	the system.
698	(c) Design, specifications, and development plans for
699	application software for the system.
700	(d) Budget for completion of the system, including all
701	agencies and county offices.
702	(e) Recommended statutory changes needed to implement the
703	system.
704	(4) This phase of the development shall continue through
705	June 30, 2004, and shall include design and development of the
706	core system, which will be operated by the Department of State;
707	definition of the business processes which will be required of
708	the other agencies and counties; and functional requirements
709	specifications for integration with the data systems of the other
710	agencies and the counties.
711	(5) This section shall take effect upon this act becoming a
712	law.
713	Section 11. Section 98.212, Florida Statutes, is amended
714	to read:
715	98.212 Supervisors to furnish statistical and other
716	information.--
717	(1)(a) Upon written request, supervisors shall, as
718	promptly as possible, furnish to recognized public or private
719	universities and senior colleges within the state, to state or
720	county governmental agencies, and to recognized political party
721	committees statistical information for the purpose of analyzing
722	election returns and results.
723	(b) Supervisors may require reimbursement for any part or
724	all of the actual expenses of supplying any information
725	requested under paragraph (a). For the purposes of this
726	subsection, supervisors may use the services of any research and
727	statistical personnel that may be supplied.
728	(c) Lists of names submitted to supervisors for indication
729	of registration or nonregistration or of party affiliation shall
730	be processed at any time at cost, except that in no case shall
731	the charge exceed 10 cents for each name on which the
732	information is furnished.
733	(2) The supervisors shall provide information as requested
734	by the department for program evaluation and reporting to the
735	Federal Election Commission pursuant to the National Voter
736	Registration Act of 1993.
737	(3) The supervisors shall provide information as requested
738	by the department for the creation and maintenance of the
739	central voter file.
740	Section 12. Section 98.461, Florida Statutes, is amended
741	to read:
742	98.461 Registration form, precinct register; contents.--A
743	registration form, approved by the Department of State,
744	containing the information required in s. 97.052 shall be filed
745	alphabetically in the office of the supervisor as the master
746	list of electors of the county. However, the registration forms
747	may be microfilmed and such microfilms substituted for the
748	original registration forms; or, when voter registration
749	information, including the voter's signature, is maintained
750	digitally or on electronic, magnetic, or optic media, such
751	stored information may be substituted for the original
752	registration form. Such microfilms or stored information shall
753	be retained in the custody of the supervisor of elections. In
754	the event the original registration forms are microfilmed or
755	maintained digitally or on electronic or other media, such
756	originals may be destroyed in accordance with the schedule
757	approved by the Bureau of Archives and Records Management of the
758	Division of Library and Information Services of the Department
759	of State. As an alternative, the information from the
760	registration form, including the signature, may be
761	electronically reproduced and stored as provided in s. 98.451. A
762	computer printout shallmaybe used at the polls as a precinct
763	register in lieu of the registration books. The precinct
764	register shall contain the date of the election, the precinct
765	number, and the following information concerning each registered
766	elector: last name, first name, and middle name or initial;
767	party affiliation; residence address; registration number; date
768	of birth; sex, if provided; race, if provided; whether the voter
769	needs assistance in voting; and such other additional
770	information as to readily identify the elector. The precinct
771	register may also contain a list of the forms of identification,
772	which must include, but is not limited to, a Florida driver's
773	license, a Florida identification card issued under s. 322.051,
774	or another form of picture identification approved by the
775	Department of State. The precinct register shallmayalso
776	contain a space for the elector's signature and,a space for the
777	initials of the witnessing clerk or inspector, and a space for
778	the signature slip or ballot number.
779	Section 13. Section 98.471, Florida Statutes, is
780	renumbered as section 101.043, Florida Statutes, and amended to
781	read:
782	101.04398.471Identification requiredUse of precinct
783	registerat polls.--
784	(1) The precinct register, as prescribed in s. 98.461,
785	shallmaybe used at the polls in lieu of the registration books
786	for the purpose of identifying the elector at the polls prior to
787	allowing him or her to vote. The clerk or inspector shall
788	require each elector, upon entering the polling place, to
789	present a current and validFlorida driver's license, a Florida
790	identification card issued under s. 322.051, or another form of
791	picture identification as provided in s. 97.0535(3). If the
792	picture identification does not contain the signature of the
793	voter, an additional identification that provides the voter's
794	signature shall be requiredapproved by the Department of State.
795	The elector shall sign his or her name in the space provided,
796	and the clerk or inspector shall compare the signature with that
797	on the identification provided by the elector and enter his or
798	her initials in the space provided and allow the elector to vote
799	if the clerk or inspector is satisfied as to the identity of the
800	elector.
801	(2) Except as provided in subsection (3),if the elector
802	fails to furnish the required identification, or if the clerk or
803	inspector is in doubt as to the identity of the elector, such
804	clerk or inspector shall follow the procedure prescribed in s.
805	101.49.
806	(3) If the elector who fails to furnish the required
807	identification is a first-time voter who registered by mail and
808	has not provided the required identification to the supervisor
809	of elections prior to election day, the elector shall be allowed
810	to vote a provisional ballot. The canvassing board shall
811	determine the validity of the ballot pursuant to s. 101.048(2).
812	Section 14. Section 98.491, Florida Statutes, is repealed.
813	Section 15. Section 101.048, Florida Statutes, is amended
814	to read:
815	101.048 Provisional ballots.--
816	(1) At all elections, a voter claiming to be properly
817	registered in the county and eligible to vote at the precinct in
818	the election, but whose eligibility cannot be determined, and
819	other persons specified in the codeshall be entitled to vote a
820	provisional ballot. Once voted, the provisional ballot shall be
821	placed in a secrecy envelope and thereafter sealed in a
822	provisional ballot envelope. The provisional ballot shall be
823	deposited in a ballot box. All provisional ballots shall remain
824	sealed in their envelopes for return to the supervisor of
825	elections. The department shall prescribe the form of the
826	provisional ballot envelope.
827	(2)(a) The county canvassing board shall examine each
828	provisional ballot envelope to determine if the person voting
829	that ballot was entitled to vote at the precinct where the
830	person cast a vote in the election and that the person had not
831	already cast a ballot in the election.
832	(b)1. If it is determined that the person was registered
833	and entitled to vote at the precinct where the person cast a
834	vote in the election, the canvassing board shall compare the
835	signature on the provisional ballot envelope with the signature
836	on the voter's registration and, if it matches, shall count the
837	ballot.
838	2. If it is determined that the person voting the
839	provisional ballot was not registered or entitled to vote at the
840	precinct where the person cast a vote in the election, the
841	provisional ballot shall not be counted and the ballot shall
842	remain in the envelope containing the Provisional Ballot Voter's
843	Certificate and Affirmation and the envelope shall be marked
844	"Rejected as Illegal."
845	(3) The Provisional Ballot Voter's Certificate and
846	Affirmation shall be in substantially the following form:
847
848	STATE OF FLORIDA
849	COUNTY OF _____
850
851	I do solemnly swear (or affirm) that my name is _____; that
852	my date of birth is _____; that I am registered to vote and at
853	the time I registered I resided at _____, in the municipality of
854	_____, in _____ County, Florida; that I am registered in the
855	_____ Party; that I am a qualified voter of the county; and that
856	I have not voted in this election. I understand that if I commit
857	any fraud in connection with voting, vote a fraudulent ballot,
858	or vote more than once in an election, I can be convicted of a
859	felony of the third degree and fined up to $5,000 and/or
860	imprisoned for up to 5 years.
861	... (Signature of Voter) ...
862	... (Current Residence Address) ...
863	... (Current Mailing Address) ...
864	... (City, State, Zip Code) ...
865	... (Driver's License Number or Last Four Digits of Social
866	Security Number) ...
867
868	Sworn to and subscribed before me this _____ day of __________,
869	... (year) ....
870	... (Election Official) ...
871
872	Precinct # _____Ballot Style/Party Issued: _____
873
874	Additional information may be provided to further assist the
875	supervisor of elections in determining eligibility.
876
877	(4) In counties where the voting system does not utilize a
878	paper ballot, the supervisor of elections mayshallprovide the
879	appropriate provisional ballot to the voter by electronic means
880	as provided for by the certified voting system. Each person
881	casting a provisional ballot by electronic means shall, prior to
882	casting his or her ballot, complete the Provisional Ballot
883	Voter’s Certificate and Affirmation as provided in subsection (3)
884	ballots to each polling place.
885	(5) Each person casting a provisional ballot shall be given
886	written instructions regarding the free access system established
887	pursuant to subsection (6). The instructions shall contain
888	information on how to access the system and the information the
889	voter will need to provide to obtain information on his or her
890	particular ballot. The instructions shall also include the
891	following statement: "If this is a primary election, you should
892	contact the supervisor of elections' office immediately to
893	confirm that you are registered and can vote in the general
894	election."
895	(6) Each supervisor of elections shall establish a free
896	access system that allows each person who casts a provisional
897	ballot to determine whether his or her provisional ballot was
898	counted in the final canvass of votes and, if not, the reasons
899	why. Information regarding provisional ballots shall be available
900	no later than 30 days following the election. The system
901	established must restrict information regarding an individual
902	ballot to the person who cast the ballot.
903	Section 16. Section 101.049, Florida Statutes, is created
904	to read:
905	101.049 Provisional ballots; special circumstances.--
906	(1) Any person who votes in an election after the regular
907	poll-closing time pursuant to a court or other order extending
908	the statutory polling hours must vote a provisional ballot. Once
909	voted, the provisional ballot shall be placed in a secrecy
910	envelope and thereafter sealed in a provisional ballot envelope.
911	The election official witnessing the voter's subscription and
912	affirmation on the Provisional Ballot Voter's Certificate shall
913	indicate whether or not the voter met all requirements to vote a
914	regular ballot at the polls. All such provisional ballots shall
915	remain sealed in their envelopes and transmitted to the
916	supervisor of elections.
917	(2) Separate and apart from all other ballots, the county
918	canvassing board shall count all late-voted provisional ballots
919	that the canvassing board determines to be valid.
920	(3) The supervisor shall ensure that late-voted provisional
921	ballots are not commingled with other ballots during the
922	canvassing process or at any other time they are statutorily
923	required to be in the supervisor's possession.
924	(4) This section shall not apply to voters in line at the
925	poll-closing time provided in s. 100.011 who cast their ballot
926	subsequent to that time.
927	(5) As an alternative, provisional ballots cast pursuant to
928	this section may be cast in accordance with the provisions of s.
929	101.048(4).
930	Section 17. Section 101.111, Florida Statutes, is amended
931	to read:
932	101.111 Person desiring to vote may be challenged;
933	challenger to execute oath; oath of person challenged elector;
934	determination of challenge.--
935	(1) When the right to vote of any person who desires to
936	vote is challengedquestioned by any elector or pollwatcher,
937	the challenge shall be reduced to writing with an oath as
938	provided in this section, giving reasons for the challenge,
939	which shall be delivered to the clerk or inspector. Any elector
940	or authorized poll watcher challenging the right of a person to
941	votean elector at an electionshall execute the oath set forth
942	below:
943
944	OATH OF PERSON ENTERING CHALLENGE
945
946	State of Florida
947	County of _____
948
949	I do solemnly swear that my name is _____; that I am a member of
950	the _____ party; that I am _____ years old; that I was born in
951	the state of_____ or the country of _____; that my residence
952	address is on _____ street, in the municipality of _____; and
953	that I have reason to believe that _____ is attempting to vote
954	illegally and the reasons for my belief are set forth herein to
955	wit:
956	... (Signature of person challenging voter) ...
957
958	Sworn and subscribed to before me this _____ day of _____, ...
959	(year) ....
960	... (Clerk of election) ...
961
962	(2) Before a person who is challenged electoris permitted
963	to vote by any officer or person in charge of admission to the
964	polling place, the challenged person'selector'sright to vote
965	shall be determined in accordance with the provisions of
966	subsection (3). The clerk or inspector shall immediately deliver
967	to the challenged personelectora copy of the oath of the
968	person entering the challenge and shall request the challenged
969	personelector to execute the following oathaffidavit:
970
971	OATH OF PERSON CHALLENGED VOTER
972
973	State of Florida
974	County of _____
975
976	I do solemnly swear that my name is _____; that I am a member of
977	the _____ party; that my date of birth isI am _____ years old;
978	that I was born in the state of _____ or the country of_____;
979	that my residence address is on _____ street, in the
980	municipality of _____, in this the _____ precinct of _____
981	county; that I personally made application for registration and
982	signed my name and that I am a qualified voter in this election,
983	and I am not registered to vote in any other precinct other than
984	the one in which I am presently seeking to vote.
985	... (Signature of personvoter) ...
986
987	Sworn and subscribed to before me this _____ day of _____, ...
988	(year) ....
989	... (Clerk of election or Inspector) ...
990
991	Any inspector or clerk of election may administer the oath.
992	(3)(a) The clerk and inspectors shall compare the
993	information in the challenged person's oath with that entered on
994	the precinct register and shall take any other evidence that may
995	be offered. The clerk and inspectors shall then decide by a
996	majority vote whether the challenged person may vote a regular
997	ballot.
998	(b) If the challenged person refuses to complete the oath
999	or if a majority of the clerk and inspectors doubt the
1000	eligibility of the person to vote, the challenged person shall be
1001	allowed to vote a provisional ballot. The oath of the person
1002	entering the challenge and the oath of the person challenged
1003	shall be attached to the provisional ballot for transmittal to
1004	the canvassing board.If the challenged person refuses to make
1005	and sign the affidavit, the clerk or inspector shall refuse to
1006	allow him or her to vote. If such person makes the affidavit,
1007	the inspectors and clerk of election shall compare the
1008	information in the affidavit with that entered on the
1009	registration books opposite the person's name, and, upon such
1010	comparison of the information and the person's signature and the
1011	taking of other evidence which may then be offered, the clerk
1012	and inspectors shall decide by a majority vote whether the
1013	challenged person may vote. If the challenged person is unable
1014	to write or sign his or her name, the clerk or inspector shall
1015	examine the precinct register to ascertain whether the person
1016	registered under the name of such person is represented to have
1017	signed his or her name. If the person is so represented, then he
1018	or she shall be denied permission to vote without further
1019	examination; but, if not, then the clerk or one of the
1020	inspectors shall place such person under oath and orally examine
1021	him or her upon the subject matter contained in the affidavit,
1022	and, if there is any doubt as to the identity of such person,
1023	the clerk or inspector shall compare the person's appearance
1024	with the description entered upon the precinct register opposite
1025	the person's name. The clerk or inspector shall then proceed as
1026	in other cases to determine whether the challenged person may
1027	vote.
1028	Section 18. Paragraph (a) of subsection (1) of section
1029	101.62, Florida Statutes, is amended to read:
1030	101.62 Request for absentee ballots.--
1031	(1)(a) The supervisor may accept a request for an absentee
1032	ballot from an elector in person or in writing. Except as
1033	provided in s. 101.694,one request shall be deemed sufficient
1034	to receive an absentee ballot for all elections which are held
1035	within a calendar year, unless the elector or the elector's
1036	designee indicates at the time the request is made the elections
1037	for which the elector desires to receive an absentee ballot.
1038	Such request may be considered canceled when any first-class
1039	mail sent by the supervisor to the elector is returned as
1040	undeliverable.
1041	Section 19. Subsection (1) of section 101.64, Florida
1042	Statutes, is amended to read:
1043	101.64 Delivery of absentee ballots; envelopes; form.--
1044	(1) The supervisor shall enclose with each absentee ballot
1045	two envelopes: a secrecy envelope, into which the absent elector
1046	shall enclose his or her marked ballot; and a mailing envelope,
1047	into which the absent elector shall then place the secrecy
1048	envelope, which shall be addressed to the supervisor and also
1049	bear on the back side a certificate in substantially the
1050	following form:
1051
1052	Note: Please Read Instructions Carefully Before
1053	Marking Ballot and Completing Voter's Certificate.
1054
1055	VOTER'S CERTIFICATE
1056	I, _____, do solemnly swear or affirm that I am a qualified
1057	and registered voter of _____ County, Florida, and that I have
1058	not and will not vote more than one ballot in this election. I
1059	understand that if I commit or attempt to commit any fraud in
1060	connection with voting, vote a fraudulent ballot, or vote more
1061	than once in an election, I can be convicted of a felony of the
1062	third degree and fined up to $5,000 and/or imprisoned for up to
1063	5 years. I also understand that failure to sign this certificate
1064	and have my signature properly witnessed will invalidate my
1065	ballot.
1066
1067	... (Date) ...... (Voter's Signature) ...
1068
1069	Note: Your Signature Must Be Witnessed By One Witness 18 Years
1070	of Age or Older as provided in item 8 ofthe Instruction Sheet.
1071
1072	I swear or affirm that the voter signed this Voter's Certificate
1073	in my presence.
1074
1075	... (Signature of Witness) ...
1076
1077	... (Address) ...
1078
1079	... (City/State) ...
1080
1081	Section 20. Section 101.65, Florida Statutes, is amended
1082	to read:
1083	101.65 Instructions to absent electors.--The supervisor
1084	shall enclose with each absentee ballot separate printed
1085	instructions in substantially the following form:
1086
1087	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
1088	1. VERY IMPORTANT. In order to ensure that your absentee
1089	ballot will be counted, it should be completed and returned as
1090	soon as possible so that it can reach the supervisor of
1091	elections of the county in which your precinct is located no
1092	later than 7 p.m. on the day of the election.
1093	2. Mark your ballot in secret as instructed on the ballot.
1094	You must mark your own ballot unless you are unable to do so
1095	because of blindness, disability, or inability to read or write.
1096	3. Mark only the number of candidates or issue choices for
1097	a race as indicated on the ballot. If you are allowed to "Vote
1098	for One" candidate and you vote for more than one candidate,
1099	your vote in that race will not be counted.
1100	4.3.Place your marked ballot in the enclosed secrecy
1101	envelope.
1102	5.4.Insert the secrecy envelope into the enclosed mailing
1103	envelope which is addressed to the supervisor.
1104	6.5.Seal the mailing envelope and completely fill out the
1105	Voter's Certificate on the back of the mailing envelope.
1106	7.6.VERY IMPORTANT. In order for your absentee ballot to
1107	be counted, you must sign your name on the line above (Voter's
1108	Signature).
1109	8.7.VERY IMPORTANT. If you are an overseas voter, you
1110	must include the date you signed the Voter's Certificate on the
1111	line above (Date) or your ballot may not be counted.
1112	9.8.VERY IMPORTANT. In order for your absentee ballot to
1113	be counted, it must include the signature and address of a
1114	witness 18 years of age or older affixed to the Voter's
1115	Certificate. No candidate may serve as an attesting witness.
1116	10.9.Mail, deliver, or have delivered the completed
1117	mailing envelope. Be sure there is sufficient postage if mailed.
1118	11.10.FELONY NOTICE. It is a felony under Florida law to
1119	accept any gift, payment, or gratuity in exchange for your vote
1120	for a candidate. It is also a felony under Florida law to vote
1121	in an election using a false identity or false address, or under
1122	any other circumstances making your ballot false or fraudulent.
1123	Section 21. Section 101.657, Florida Statutes, is amended
1124	to read:
1125	101.657 Voting absentee ballots in person.--
1126	(1) Any qualified and registered elector may pick up and
1127	vote an absentee ballot in person at the office of, and under
1128	the supervision of, the supervisor of elections. Before
1129	receiving the ballot, the elector must present a current and
1130	validFlorida driver's license, a Florida identification card
1131	issued under s. 322.051, or another form ofpicture
1132	identification as provided in s. 97.0535(3)approved by the
1133	Department of State. If the elector fails to furnish the
1134	required identification, or if the supervisor is in doubt as to
1135	the identity of the elector, the supervisor must follow the
1136	procedure prescribed in s. 101.49. If the elector who fails to
1137	furnish the required identification is a first-time voter who
1138	registered by mail and has not provided the required
1139	identification to the supervisor of elections prior to voting,
1140	the elector shall be allowed to vote a provisional ballot. The
1141	canvassing board shall compare the signature on the provisional
1142	ballot envelope with the signature on the voter's registration
1143	and, if the signatures match, shall count the ballot.
1144	(2) As an alternative to the provisions of ss. 101.64 and
1145	101.65, the supervisor of elections may allow an elector to cast
1146	an absentee ballot in the main or branch office of the
1147	supervisor by depositing the voted ballot in a voting device
1148	used by the supervisor to collect or tabulate ballots. The
1149	results or tabulation may not be made before the close of the
1150	polls on election day.
1151	(a) The elector must provide picture identification as
1152	required in subsection (1)and must complete an In-Office Voter
1153	Certificate in substantially the following form:
1154
1155	IN-OFFICE VOTER CERTIFICATE
1156
1157	I, _____, am a qualified elector in this election and registered
1158	voter of _____ County, Florida. I do solemnly swear or affirm
1159	that I am the person so listed on the voter registration rolls
1160	of _____ County and that I reside at the listed address. I
1161	understand that if I commit or attempt to commit fraud in
1162	connection with voting, vote a fraudulent ballot, or vote more
1163	than once in an election I could be convicted of a felony of the
1164	third degree and both fined up to $5,000 and imprisoned for up
1165	to 5 years. I understand that my failure to sign this
1166	certificate and have my signature witnessed invalidates my
1167	ballot.
1168
1169
1170	... (Voter's Signature) ...
1171
1172	... (Address) ...
1173
1174	... (City/State) ...
1175
1176	... (Name of Witness) ...
1177
1178	... (Signature of Witness) ...
1179
1180	... (Type of identification provided) ...
1181
1182	(b) Any elector may challenge an elector seeking to cast
1183	an absentee ballot under the provisions of s. 101.111. Any
1184	challenged ballot must be placed in a regular absentee ballot
1185	envelope. The canvassing board shall review the ballot and
1186	decide the validity of the ballot by majority vote.
1187	(c) The canvass of returns for ballots cast under this
1188	subsection shall be substantially the same as votes cast by
1189	electors in precincts, as provided in s. 101.5614.
1190	Section 22. Section 101.6921, Florida Statutes, is created
1191	to read:
1192	101.6921 Delivery of special absentee ballot to certain
1193	first-time voters.--
1194	(1) The provisions of this section apply to voters who
1195	registered to vote by mail, who have not previously voted in the
1196	county, and who have not provided the identification or
1197	certification required by s. 97.0535 by the time the absentee
1198	ballot is mailed.
1199	(2) The supervisor shall enclose with each absentee ballot
1200	three envelopes: a secrecy envelope, into which the absent
1201	elector will enclose his or her marked ballot; an envelope
1202	containing the Voter's Certificate, into which the absent elector
1203	shall place the secrecy envelope; and a mailing envelope, which
1204	shall be addressed to the supervisor and into which the absent
1205	elector will place the envelope containing the Voter's
1206	Certificate and a copy of the required identification.
1207	(3) The Voter’s Certificate shall be in substantially the
1208	following form:
1209
1210	Note: Please Read Instructions Carefully Before Marking Ballot
1211	and Completing Voter's Certificate
1212
1213	VOTER’S CERTIFICATE
1214
1215	I , _____, do solemnly swear or affirm that I am a qualified
1216	and registered voter of _____ County, Florida, and that I have
1217	not and will note vote more than one ballot in this election. I
1218	understand that if I commit or attempt to commit any fraud in
1219	connection with voting, vote a fraudulent ballot, or vote more
1220	than once in an election, I can be convicted of a felony of the
1221	third degree and fined up to $5,000 and/or imprisoned for up to 5
1222	years. I also understand that failure to sign this certificate
1223	and have my signature properly witnessed will invalidate my
1224	ballot. I understand that unless I meet one of the exemptions
1225	below, I must provide a copy of a current and valid
1226	identification as provided in the instruction sheet to the
1227	supervisor of elections in order for my ballot to count.
1228	I further certify that I am exempt from the requirements to
1229	furnish a copy of a current and valid identification with my
1230	ballot because of one or more of the following (check all that
1231	apply):
1232	FORMCHECKBOX I am 65 years of age or older.
1233	FORMCHECKBOX I have a permanent or temporary physical disability.
1234	FORMCHECKBOX I am a member of a uniformed service on active duty who,
1235	by reason of such active duty, will be absent from the county on
1236	election day.
1237	FORMCHECKBOX I am a member of the merchant marine who, by reason of
1238	service in the merchant marine, will be absent from the county on
1239	election day.
1240	FORMCHECKBOX I am the spouse or dependent of a member of the uniformed
1241	service or merchant marine who, by reason of the active duty or
1242	service of the member, will be absent from the county on election
1243	day.
1244	FORMCHECKBOX I am currently residing outside the United States.
1245
1246	... (Date) ...... Voter's Signature ...
1247
1248	Note: Your signature must be witnessed by one witness 18 years of
1249	age or older as provided in the instruction sheet.
1250
1251	I swear or affirm that the voter signed this Voter's Certificate
1252	in my presence.
1253
1254	... (Signature of witness) ...
1255
1256	... (Address) ...
1257
1258	... (City/State) ...
1259
1260	(4) The certificate shall be arranged on the back of the
1261	envelope so that the lines for the signatures of the absent
1262	elector and the attesting witness are across the seal of the
1263	envelope.
1264	Section 23. Section 101.6923, Florida Statutes, is created
1265	to read:
1266	101.6923 Special absentee ballot instructions for certain
1267	first-time voters.--
1268	(1) The provisions of this section apply to voters who
1269	registered to vote by mail, who have not previously voted in the
1270	county, and who have not provided the identification or
1271	information required by s. 97.0535 by the time the absentee
1272	ballot is mailed.
1273	(2) A voter covered by this section shall be provided with
1274	the following printed instructions with his or her absentee
1275	ballot:
1276
1277	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
1278	BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
1279	YOUR BALLOT NOT TO COUNT.
1280
1281	1. In order to ensure that your absentee ballot will be
1282	counted, it should be completed and returned as soon as possible
1283	so that it can reach the supervisor of elections of the county in
1284	which your precinct is located no later than 7 p.m. on the date
1285	of the election.
1286	2. Mark your ballot in secret as instructed on the ballot.
1287	You must mark your own ballot unless you are unable to do so
1288	because of blindness, disability, or inability to read or write.
1289	3. Mark only the number of candidates or issue choices for
1290	a race as indicated on the ballot. If you are allowed to "Vote
1291	for One" candidate and you vote for more than one, your vote in
1292	that race will not be counted.
1293	4. Place your marked ballot in the enclosed secrecy
1294	envelope and seal the envelope.
1295	5. Insert the secrecy envelope into the enclosed envelope
1296	bearing the Voter's Certificate. Seal the envelope and completely
1297	fill out the Voter's Certificate on the back of the envelope.
1298	a. You must sign your name on the line above (Voter's
1299	Signature).
1300	b. You must have your signature witnessed. Have the witness
1301	sign above (Signature of Witness) and include his or her address.
1302	No candidate may serve as an attesting witness.
1303	c. If you are an overseas voter, you must include the date
1304	you signed the Voter's Certificate on the line above (Date) or
1305	your ballot may not be counted.
1306	6. Unless you meet one of the exemptions in Item 7., you
1307	must make a copy of one of the following forms of identification:
1308	a. Identification which must include your name and
1309	photograph: current and valid Florida driver's license; Florida
1310	identification card issued by the Department of Highway Safety
1311	and Motor Vehicles; United States passport; employee badge or
1312	identification; buyer's club identification card; debit or credit
1313	card; military identification; student identification; retirement
1314	center identification; neighborhood association identification;
1315	entertainment identification; or public assistance
1316	identification; or
1317	b. Identification which shows your name and current
1318	residence address: current utility bill, bank statement,
1319	government check, paycheck, or government document (excluding
1320	voter identification card).
1321	7. The identification requirements of Item 6. do not apply
1322	if you meet one of the following requirements:
1323	a. You are 65 years of age or older.
1324	b. You have a temporary or permanent physical disability.
1325	c. You are a member of a uniformed service on active duty
1326	who, by reason of such active duty, will be absent from the
1327	county on election day.
1328	d. You are a member of the merchant marine who, by reason
1329	of service in the merchant marine, will be absent from the county
1330	on election day.
1331	e. You are the spouse or dependent of a member referred to
1332	in paragraph c. or paragraph d. who, by reason of the active duty
1333	or service of the member, will be absent from the county on
1334	election day.
1335	f. You are currently residing outside the United States.
1336	8. Place the envelope bearing the Voter's Certificate into
1337	the mailing envelope addressed to the supervisor. Insert a copy
1338	of your identification in the mailing envelope. DO NOT PUT YOUR
1339	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1340	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
1341	BALLOT WILL NOT COUNT.
1342	9. Mail, deliver, or have delivered the completed mailing
1343	envelope. Be sure there is sufficient postage if mailed.
1344	10. FELONY NOTICE. It is a felony under Florida law to
1345	accept any gift, payment, or gratuity in exchange for your vote
1346	for a candidate. It is also a felony under Florida law to vote in
1347	an election using a false identity or false address, or under any
1348	other circumstances making your ballot false or fraudulent.
1349	Section 24. Section 101.6925, Florida Statutes, is created
1350	to read:
1351	101.6925 Canvassing special absentee ballots.--
1352	(1) The supervisor of the county where the absent elector
1353	resides shall receive the voted special absentee ballot, at which
1354	time the mailing envelope shall be opened to determine if the
1355	voter has enclosed the identification required or has indicated
1356	on the Voter's Certificate that he or she is exempt from the
1357	identification requirements.
1358	(2) If the identification is enclosed or the voter has
1359	indicated that he or she is exempt from the identification
1360	requirements, the supervisor shall make the note on the
1361	registration records of the voter and proceed to canvass the
1362	absentee ballot as provided in s. 101.68.
1363	(3) If the identification is not enclosed in the mailing
1364	envelope and the voter has not indicated that he or she is exempt
1365	from the identification requirements, the supervisor shall check
1366	the voter registration records to determine if the voter's
1367	identification was previously received or the voter had
1368	previously notified the supervisor that he or she was exempt. The
1369	envelope with the Voter's Certificate shall not be opened unless
1370	the identification has been received or the voter has indicated
1371	that he or she is exempt. The ballot shall be treated as a
1372	provisional ballot until 7 p.m. on election day and shall not be
1373	canvassed unless the supervisor has received the required
1374	identification or written indication of exemption by 7 p.m. on
1375	election day.
1376	Section 25. Subsection (1) of section 101.694, Florida
1377	Statutes, is amended to read:
1378	101.694 Mailing of ballots upon receipt of federal
1379	postcard application.--
1380	(1) Upon receipt of a federal postcard application for an
1381	absentee ballot executed by a person whose registration is in
1382	order or whose application is sufficient to register or update
1383	the registration of that person, the supervisor shall mail to
1384	the applicant a ballot, if the ballots are available for
1385	mailing. The federal postcard application request for an
1386	absentee ballot shall be effective for all elections through the
1387	next two regularly scheduled general elections.
1388	Section 26. Subsections (2) and (6) of section 102.141,
1389	Florida Statutes, are amended to read:
1390	102.141 County canvassing board; duties.--
1391	(2) The county canvassing board shall meet in a building
1392	accessible to the public in the county where the election
1393	occurred at a time and place to be designated by the supervisor
1394	of elections to publicly canvass the absentee electors' ballots
1395	as provided for in s. 101.68 and provisional ballots as provided
1396	by ss.s. 101.048, 101.049, and 101.6925. Provisional ballots
1397	cast pursuant to s. 101.049 shall be canvassed in a manner that
1398	votes for candidates and issues on those ballots can be
1399	segregated from other votes. Public notice of the time and place
1400	at which the county canvassing board shall meet to canvass the
1401	absentee electors' ballots and provisional ballots shall be
1402	given at least 48 hours prior thereto by publication once in one
1403	or more newspapers of general circulation in the county or, if
1404	there is no newspaper of general circulation in the county, by
1405	posting such notice in at least four conspicuous places in the
1406	county. As soon as the absentee electors' ballots and the
1407	provisional ballots are canvassed, the board shall proceed to
1408	publicly canvass the vote given each candidate, nominee,
1409	constitutional amendment, or other measure submitted to the
1410	electorate of the county, as shown by the returns then on file
1411	in the office of the supervisor of elections and the office of
1412	the county court judge.
1413	(6) If the unofficial returns reflect that a candidate for
1414	any office was defeated or eliminated by one-half of a percent
1415	or less of the votes cast for such office, that a candidate for
1416	retention to a judicial office was retained or not retained by
1417	one-half of a percent or less of the votes cast on the question
1418	of retention, or that a measure appearing on the ballot was
1419	approved or rejected by one-half of a percent or less of the
1420	votes cast on such measure, the board responsible for certifying
1421	the results of the vote on such race or measure shall order a
1422	recount of the votes cast with respect to such office or
1423	measure. A recount need not be ordered with respect to the
1424	returns for any office, however, if the candidate or candidates
1425	defeated or eliminated from contention for such office by one-
1426	half of a percent or less of the votes cast for such office
1427	request in writing that a recount not be made.
1428	(a) In counties with voting systems that use paper
1429	ballots, each canvassing board responsible for conducting a
1430	recount shall put each ballot through automatic tabulating
1431	equipment and determine whether the returns correctly reflect
1432	the votes cast. If any paper ballot is physically damaged so
1433	that it cannot be properly counted by the automatic tabulating
1434	equipment during the recount, a true duplicate shall be made of
1435	the damaged ballot pursuant to the procedures in s. 101.5614(5).
1436	Immediately before the start of the recount and after completion
1437	of the count, a test of the tabulating equipment shall be
1438	conducted as provided in s. 101.5612. If the test indicates no
1439	error, the recount tabulation of the ballots cast shall be
1440	presumed correct and such votes shall be canvassed accordingly.
1441	If an error is detected, the cause therefor shall be ascertained
1442	and corrected and the recount repeated, as necessary. The
1443	canvassing board shall immediately report the error, along with
1444	the cause of the error and the corrective measures being taken,
1445	to the Department of State. No later than 11 days after the
1446	election, the canvassing board shall file a separate incident
1447	report with the Department of State, detailing the resolution of
1448	the matter and identifying any measures that will avoid a future
1449	recurrence of the error.
1450	(b) In counties with voting systems that do not use paper
1451	ballots, each canvassing board responsible for conducting a
1452	recount shall examine the counters on the precinct tabulators to
1453	ensure that the total of the returns on the precinct tabulators
1454	equals the overall election return. If there is a discrepancy
1455	between the overall election return and the counters of the
1456	precinct tabulators, the counters of the precinct tabulators
1457	shall be presumed correct and such votes shall be canvassed
1458	accordingly.
1459	(c) The canvassing board shall submit a second set of
1460	unofficial returns to the Department of State for each federal,
1461	statewide, state, or multicounty office or ballot measure no
1462	later than noon on the third day after any election in which a
1463	recount was conducted pursuant to this subsection. If the
1464	canvassing board is unable to complete the recount prescribed in
1465	this subsection by the deadline, the second set of unofficial
1466	returns submitted by the canvassing board shall be identical to
1467	the initial unofficial returns and the submission shall also
1468	include a detailed explanation of why it was unable to timely
1469	complete the recount. However, the canvassing board shall
1470	complete the recount prescribed in this subsection, along with
1471	any manual recount prescribed in s. 102.166, and certify
1472	election returns in accordance with the requirements of this
1473	chapter.
1474	(d) The Department of State shall adopt detailed rules
1475	prescribing additional recount procedures for each certified
1476	voting system, which shall be uniform to the extent practicable.
1477	Section 27. Paragraph (y) of subsection (1) of section
1478	125.01, Florida Statutes, is amended to read:
1479	125.01 Powers and duties.--
1480	(1) The legislative and governing body of a county shall
1481	have the power to carry on county government. To the extent not
1482	inconsistent with general or special law, this power includes,
1483	but is not restricted to, the power to:
1484	(y) Place questions or propositions on the ballot at any
1485	primary election, general election, or otherwise called special
1486	election, when agreed to by a majority vote of the total
1487	membership of the legislative and governing body, so as to
1488	obtain an expression of elector sentiment with respect to
1489	matters of substantial concern within the county. No special
1490	election may be called for the purpose of conducting a straw
1491	ballot. Any election costs, as defined in s. 97.021(9),
1492	associated with any ballot question or election called
1493	specifically at the request of a district or for the creation of
1494	a district shall be paid by the district either in whole or in
1495	part as the case may warrant.
1496	Section 28. Section 20 of chapter 2002-281, Laws of
1497	Florida, is repealed.
1498	Section 29. Paragraph (a) of subsection (5) of section
1499	163.511, Florida Statutes, is amended to read:
1500	163.511 Special neighborhood improvement districts;
1501	creation; referendum; board of directors; duration; extension.--
1502	(5)(a) The city clerk or the supervisor of elections,
1503	whichever is appropriate, shall enclose with each ballot sent
1504	pursuant to this section two envelopes: a secrecy envelope, into
1505	which the elector or freeholder shall enclose the marked ballot;
1506	and a mailing envelope, into which the elector or freeholder
1507	shall then place the secrecy envelope, which shall be addressed
1508	to the city clerk or the supervisor of elections. The back side
1509	of the mailing envelope shall bear a certificate in
1510	substantially the following form:
1511
1512	Note: Please Read Instructions Carefully Before
1513	Marking Ballot and Completing Voter's Certificate.
1514
1515	VOTER'S CERTIFICATE
1516
1517	I, _____, am a duly qualified and registered ... (voter or
1518	freeholder, whichever is appropriate) ... of the proposed ...
1519	(name) ... ... (Special Residential or Business, whichever is
1520	appropriate) ... Neighborhood Improvement District; and I am
1521	entitled to vote this ballot. I do solemnly swear or affirm that
1522	I have not and will not vote more than one ballot in this
1523	election. I understand that failure to sign this certificate and
1524	have my signature witnessed will invalidate my ballot.
1525	... (Voter's Signature) ...
1526	Note: Your Signature Must Be Witnessed By One Witness 18 Years
1527	of Age or Older as provided in Item 7. ofthe Instruction Sheet.
1528	I swear or affirm that the elector signed this Voter's
1529	Certificate in my presence.
1530
1531	... (Signature of Witness) ...
1532	... (Address) ...... (City/State) ...
1533
1534	Section 30. If any law amended by this act was also
1535	amended by a law enacted at the 2003 Regular Session of the
1536	Legislature, such laws shall be construed as if they had been
1537	enacted at the same session of the Legislature, and full
1538	effect shall be given to each if possible.
1539	Section 31. Except as otherwise provided herein, this act
1540	shall take effect January 1, 2004.