HB 1589

1
A bill to be entitled
2An act relating to elections; amending s. 97.012, F.S.;
3authorizing the Secretary of State to issue binding
4directives to supervisors of elections and county
5canvassing boards under certain circumstances; providing a
6penalty for failure to follow such directives; authorizing
7the secretary to file certain complaints; authorizing the
8secretary to delegate voter registration and records
9maintenance duties to voter registration officials;
10amending s. 97.021, F.S.; revising and providing
11definitions; amending s. 97.026, F.S.; correcting a cross
12reference; amending s. 97.051, F.S.; revising the oath
13taken by a person registering to vote; amending s. 97.052,
14F.S.; requiring the uniform statewide voter registration
15application be accepted for replacement of a voter
16information card and signature update; revising the
17information the uniform statewide voter registration
18application must contain and must elicit from the
19applicant; amending s. 97.053, F.S.; revising the criteria
20for completeness of a voter registration application;
21specifying the possible valid recipients of a mailed voter
22registration application; revising the information needed
23on a voter registration application to establish an
24applicant's eligibility; providing for verification of
25authenticity of certain voter registration application
26information; providing for a provisional ballot to be
27provided to an applicant if the application is not
28verified by a certain date; requiring a voter registration
29official to enter all voter registration applications into
30the voter registration system within a certain time
31period; amending s. 97.0535, F.S.; providing for
32registering voters who have no valid Florida driver's
33license, identification card, or social security number;
34amending s. 97.055, F.S.; specifying the information
35permitted for purposes of an upcoming election once
36registration books are closed; amending s. 97.057, F.S.;
37revising the voter registration procedure by the
38Department of Highway Safety and Motor Vehicles; amending
39s. 97.058, F.S.; revising duties of voter registration
40agencies; amending s. 97.061, F.S.; revising special
41registration procedures for electors requiring assistance;
42amending s. 97.071, F.S.; redesignating the registration
43identification card as the voter information card;
44requiring the Department of State to adopt rules relating
45to voter information cards; revising the required contents
46of the card; amending s. 97.073, F.S.; revising the
47procedure by which an applicant must supply missing
48information on the voter registration application;
49revising provisions relating to cancellation of previous
50registration; amending s. 97.1031, F.S.; revising
51provisions relating to notice of change of residence,
52name, or party affiliation; amending s. 97.105, F.S.,
53relating to establishment of the permanent single
54registration system, to conform; amending s. 98.015, F.S.;
55revising the duties of supervisors of elections; creating
56s. 98.035, F.S.; establishing a statewide voter
57registration system; requiring the Secretary of State to
58be responsible for the implementation, operation, and
59maintenance of the system; prohibiting the department from
60contracting with any private entity to operate the system;
61authorizing the department to adopt rules relating to the
62access, use, and operation of the system; amending s.
6398.045, F.S.; revising provisions relating to
64administration of voter registration; providing for the
65responsibility of such administration to be undertaken by
66the department in lieu of supervisors of elections;
67specifying ineligibility criteria; revising provisions
68relating to removal of registered voters; revising
69provisions relating to public records access and
70retention; providing for the establishment of a statewide
71electronic database of valid street addresses; authorizing
72the department to adopt rules relating to certain voter
73registration system forms; amending s. 98.065, F.S.;
74providing for registration records maintenance; providing
75for change of address; providing limitations on notice and
76renewal; requiring supervisors of elections to certify to
77the department certain list maintenance activities;
78providing penalties; amending s. 98.075, F.S.; providing
79for registration records maintenance by the department;
80providing for duplicate registration; providing for
81deceased persons; providing for adjudication of mental
82incapacity; providing for felony conviction; providing for
83other bases for ineligibility; providing procedures for
84removal; requiring supervisors of elections to certify to
85the department certain registration records maintenance
86activities; creating s. 98.0755, F.S.; providing for
87appeal of a determination of ineligibility; providing for
88jurisdiction, burden of proof, and trial costs; amending
89s. 98.077, F.S.; revising provisions relating to updating
90a voter's signature; amending s. 98.081, F.S., relating to
91removal of names from the statewide voter registration
92system, to conform; amending s. 98.093, F.S.; revising the
93duty of officials to furnish lists of deceased persons,
94persons adjudicated mentally incapacitated, and persons
95convicted of a felony; creating s. 98.0981, F.S.;
96requiring the department to establish and maintain a
97statewide voter registration database and provide such
98database to the Legislature; specifying the required
99contents of the database; requiring the department to
100certify certain information to the Legislature; amending
101s. 98.212, F.S., relating to furnishing of statistical and
102other information, to conform; amending s. 98.461, F.S;
103authorizing use of an electronic database as a precinct
104register and use of an electronic device for voter
105signatures and witness initials; amending s. 100.371,
106F.S.; revising the procedure by which constitutional
107amendments proposed by initiative shall be placed on the
108ballot; amending s. 101.001, F.S.; providing requirements
109relating to maps of new precincts; revising procedural
110requirements of supervisors of elections relating to
111precincts and precinct maps; amending s. 101.043, F.S.;
112revising requirements and procedures relating to
113identification required at polls; amending s. 101.045,
114F.S., relating to provisions for residence or name change
115at the polls, to conform; amending s. 101.048, F.S.,
116relating to provisional ballots, to conform; amending s.
117101.161, F.S.; correcting a cross reference; amending s.
118101.5608, F.S.; revising a provision relating to an
119elector's signature provided with identification prior to
120voting; amending s. 101.62, F.S.; correcting a cross
121reference; amending s. 101.663, F.S., relating to change
122or residence, to conform; amending s. 101.6921, F.S.,
123relating to delivery of special absentee ballots to
124certain first-time voters, to conform; amending s.
125101.6923, F.S., relating to special absentee ballot
126instructions for certain first-time voters, to conform;
127amending s. 102.012, F.S., relating to conduct of
128elections by inspectors and clerks, to conform; amending
129s. 102.151, F.S.; requiring county canvassing boards to
130record and transmit certain election information to the
131department; amending s. 104.013, F.S., relating to
132unauthorized use, possession, or destruction of voter
133information cards, to conform; amending s. 104.051, F.S.;
134providing for the willful failure of a county canvassing
135board member or supervisor of elections to follow certain
136binding directives to be subject to certain penalties;
137allowing only the Secretary of State to file a complaint
138to the Florida Elections Commission alleging such willful
139failure; providing for an exemption and review of such
140penalties; amending s. 120.52, F.S.; revising the
141definition of "rule" to exempt certain advisory opinions
142issued by the department and certain directives issued by
143the Secretary of State; amending s. 196.141, F.S.,
144relating to homestead exemptions and duties of property
145appraisers, to conform; repealing s. 98.055, F.S.,
146relating to registration list maintenance forms; repealing
147s. 98.095, F.S., relating to county registers open to
148inspection and copies; repealing s. 98.0977, F.S.,
149relating to the statewide voter registration database and
150its operation and maintenance; repealing s. 98.0979, F.S.,
151relating to inspection of the statewide voter
152registration; repealing s. 98.101, F.S., relating to
153specifications for permanent registration binders, files,
154and forms; repealing s. 98.181, F.S., relating to duty of
155the supervisor of elections to make up indexes or records;
156repealing s. 98.231, F.S., relating to duty of the
157supervisor of elections to furnish the department the
158number of registered electors; repealing s. 98.451, F.S.,
159relating to automation in processing registration data;
160repealing s. 98.481, F.S., relating to challenges to
161electors; repealing s. 101.635, F.S., relating to
162distribution of blocks of printed ballots; providing
163effective dates.
164
165Be It Enacted by the Legislature of the State of Florida:
166
167     Section 1.  Subsections (1) and (11) of section 97.012,
168Florida Statutes, are amended to read:
169     97.012  Secretary of State as chief election officer.--The
170Secretary of State is the chief election officer of the state,
171and it is his or her responsibility to:
172     (1)  Obtain and maintain uniformity in the application,
173operation, and interpretation of the election laws. In achieving
174this objective, the secretary or his or her designee is
175authorized to issue binding directives to the supervisors of
176elections and the county canvassing boards when the secretary
177determines that a lack of uniformity exists in the application,
178operation, or interpretation of the election laws. A willful
179failure to follow directives issued by the secretary shall
180subject the violator to the penalties in s. 104.051(5). The
181secretary is authorized to file complaints with the Florida
182Elections Commission alleging a violation of s. 104.051(5).
183     (11)  Create and administer maintain a statewide voter
184registration system as required by the Help America Vote Act of
1852002 database. The secretary is authorized to delegate voter
186registration duties and records maintenance activities to voter
187registration officials. Any responsibilities delegated by the
188secretary shall be performed in accordance with state and
189federal law.
190     Section 2.  Subsection (13) of section 97.021, Florida
191Statutes, is amended, subsections (38) and (39) are renumbered
192as subsections (39) and (40), and a new subsection (38) is added
193to said section, to read:
194     97.021  Definitions.--For the purposes of this code, except
195where the context clearly indicates otherwise, the term:
196     (13)  "Lists of registered electors" means names and
197associated information copies of printed lists of registered
198electors maintained by the department in the statewide voter
199registration system or generated or derived from the statewide
200voter registration system. Lists may be produced in printed or
201electronic format, computer tapes or disks, or any other device
202used by the supervisor of elections to maintain voter records.
203     (38)  "Voter registration official" means any supervisor of
204elections or individual authorized by the Secretary of State to
205accept voter registration applications and execute updates to
206the statewide voter registration system.
207     Section 3.  Section 97.026, Florida Statutes, is amended to
208read:
209     97.026  Forms to be available in alternative formats and
210via the Internet.--It is the intent of the Legislature that all
211forms required to be used in chapters 97-106 shall be made
212available upon request, in alternative formats. Such forms shall
213include absentee ballots as alternative formats for such ballots
214become available and the Division of Elections is able to
215certify systems that provide them. Whenever possible, such
216forms, with the exception of absentee ballots, shall be made
217available by the Department of State via the Internet. Sections
218that contain such forms include, but are not limited to, ss.
21997.051, 97.052, 97.053, 97.057, 97.058, 97.0583, 97.071, 97.073,
22097.1031, 98.055, 98.075, 99.021, 100.361, 100.371, 101.045,
221101.171, 101.20, 101.6103, 101.62, 101.64, 101.65, 101.657,
222105.031, 106.023, and 106.087.
223     Section 4.  Section 97.051, Florida Statutes, is amended to
224read:
225     97.051  Oath upon registering.--A person registering to
226vote must subscribe to the following oath: "I do solemnly swear
227(or affirm) that I will protect and defend the Constitution of
228the United States and the Constitution of the State of Florida,
229that I am qualified to register as an elector under the
230Constitution and laws of the State of Florida, and that all
231information provided in this application is true I am a citizen
232of the United States and a legal resident of Florida."
233     Section 5.  Section 97.052, Florida Statutes, is amended to
234read:
235     97.052  Uniform statewide voter registration application.--
236     (1)  The department shall prescribe a uniform statewide
237voter registration application for use in this state.
238     (a)  The uniform statewide voter registration application
239must be accepted for any one or more of the following purposes:
240     1.  Initial registration.
241     2.  Change of address.
242     3.  Change of party affiliation.
243     4.  Change of name.
244     5.  Replacement of a voter information registration
245identification card.
246     6.  Signature update.
247     (b)  The department is responsible for printing the uniform
248statewide voter registration application and the voter
249registration application form prescribed by the Federal Election
250Assistance Commission pursuant to federal law the National Voter
251Registration Act of 1993. The applications and forms must be
252distributed, upon request, to the following:
253     1.  Individuals seeking to register to vote or update a
254voter registration record.
255     2.  Individuals or groups conducting voter registration
256programs. A charge of 1 cent per application shall be assessed
257on requests for 10,000 or more applications.
258     3.  The Department of Highway Safety and Motor Vehicles.
259     4.  Voter registration agencies.
260     5.  Armed forces recruitment offices.
261     6.  Qualifying educational institutions.
262     7.  Supervisors, who must make the applications and forms
263available in the following manner:
264     a.  By distributing the applications and forms in their
265offices to any individual or group.
266     b.  By distributing the applications and forms at other
267locations designated by each supervisor.
268     c.  By mailing the applications and forms to applicants
269upon the request of the applicant.
270     (c)  The uniform statewide voter registration application
271may be reproduced by any private individual or group, provided
272the reproduced application is in the same format as the
273application prescribed under this section.
274     (2)  The uniform statewide voter registration application
275must be designed to elicit the following information from the
276applicant:
277     (a)  Last, first, and middle Full name, including any
278suffix.
279     (b)  Date of birth.
280     (c)  Address of legal residence.
281     (d)  Mailing address, if different.
282     (e)  County of legal residence.
283     (f)  Address of property for which the applicant has been
284granted a homestead exemption, if any.
285     (f)(g)  Race or ethnicity that best describes the
286applicant:
287     1.  American Indian or Alaskan Native.
288     2.  Asian or Pacific Islander.
289     3.  Black, not Hispanic.
290     4.  White, not Hispanic.
291     5.  Hispanic.
292     (g)(h)  State or country of birth.
293     (h)(i)  Sex.
294     (i)(j)  Party affiliation.
295     (j)(k)  Whether the applicant needs assistance in voting.
296     (k)(l)  Name and address where last registered.
297     (l)(m)  Last four digits of the applicant's social security
298number.
299     (m)(n)  Florida driver's license number or the
300identification number from a Florida identification card issued
301under s. 322.051.
302     (n)  An indication, if applicable, that the applicant has
303not been issued a Florida driver's license, a Florida
304identification card, or a social security number.
305     (o)  Telephone number (optional).
306     (p)  E-mail address (optional).
307     (q)(p)  Signature of applicant under penalty for false
308swearing pursuant to s. 104.011, by which the person subscribes
309to the oath required by s. 3, Art. VI of the State Constitution
310and s. 97.051, and swears or affirms that the information
311contained in the registration application is true.
312     (r)(q)  Whether the application is being used for initial
313registration, to update a voter registration record, or to
314request a replacement voter information registration
315identification card.
316     (s)(r)  Whether the applicant is a citizen of the United
317States by asking the question "Are you a citizen of the United
318States of America?" and providing boxes for the applicant to
319check to indicate whether the applicant is or is not a citizen
320of the United States.
321     (t)(s)  Whether That the applicant has not been convicted
322of a felony, and or, if convicted, has had his or her civil
323rights restored by including the statement "I affirm I am not a
324convicted felon or, if I am, my rights relating to voting have
325been restored." and providing a box for the applicant to check
326to affirm the statement.
327     (u)(t)  Whether That the applicant has not been adjudicated
328mentally incapacitated with respect to voting or, if so
329adjudicated, has had his or her right to vote restored by
330including the statement "I affirm I have not been adjudicated
331mentally incapacitated with respect to voting or, if I have, my
332competency has been restored." and providing a box for the
333applicant to check to affirm the statement.
334
335The registration application form must be in plain language and
336designed so that convicted felons whose civil rights have been
337restored and persons who have been adjudicated mentally
338incapacitated and have had their voting rights restored are not
339required to reveal their prior conviction or adjudication.
340     (3)  The uniform statewide voter registration application
341must also contain:
342     (a)  The oath required by s. 3, Art. VI of the State
343Constitution and s. 97.051.
344     (b)  A statement specifying each eligibility requirement
345under s. 97.041.
346     (c)  The penalties provided in s. 104.011 for false
347swearing in connection with voter registration.
348     (d)  A statement that, if an applicant declines to register
349to vote, the fact that the applicant has declined to register
350will remain confidential and may be used only for voter
351registration purposes.
352     (e)  A statement that informs the applicant who chooses to
353register to vote or update a voter registration record that the
354office at which the applicant submits a voter registration
355application or updates a voter registration record will remain
356confidential and may be used only for voter registration
357purposes.
358     (f)  A statement that informs the applicant that any person
359who has been granted a homestead exemption in this state, and
360who registers to vote in any precinct other than the one in
361which the property for which the homestead exemption has been
362granted, shall have that information forwarded to the property
363appraiser where such property is located, which may result in
364the person's homestead exemption being terminated and the person
365being subject to assessment of back taxes under s. 193.092,
366unless the homestead granted the exemption is being maintained
367as the permanent residence of a legal or natural dependent of
368the owner and the owner resides elsewhere.
369     (f)(g)  A statement informing an the applicant who has not
370been issued a Florida driver's license, a Florida identification
371card, or a social security number that if the application form
372is submitted by mail and the applicant is registering for the
373first time in this state, the applicant will be required to
374provide identification prior to voting the first time.
375     (4)  A supervisor may produce a voter registration
376application that has the supervisor's direct mailing address if
377the department has reviewed the application and determined that
378it is substantially the same as the uniform statewide voter
379registration application.
380     (5)  The voter registration application form prescribed by
381the Federal Election Assistance Commission pursuant to federal
382law the National Voter Registration Act of 1993 or the federal
383postcard application must be accepted as an application for
384registration in this state if the completed application or
385postcard application contains the information required by the
386constitution and laws of this state.
387     Section 6.  Section 97.053, Florida Statutes, is amended to
388read:
389     97.053  Acceptance of voter registration applications.--
390     (1)  Voter registration applications, changes in
391registration, and requests for a replacement voter information
392registration identification card must be accepted in the office
393of any supervisor, the division, a driver license office, a
394voter registration agency, or an armed forces recruitment office
395when hand delivered by the applicant or a third party during the
396hours that office is open or when mailed.
397     (2)  A completed voter registration application is complete
398and that contains the information necessary to establish an
399applicant's eligibility pursuant to s. 97.041 becomes the
400official voter registration record of that applicant when all
401information necessary to establish the applicant's eligibility
402pursuant to s. 97.041 is received by a voter registration
403official and verified pursuant to subsection (6) the appropriate
404supervisor. If the applicant fails to complete his or her voter
405registration application prior to the date of book closing for
406an election, then such applicant shall not be eligible to vote
407in that election.
408     (3)  The registration date for a valid initial voter
409registration application that has been hand delivered is the
410date that the application is when received by a driver license
411office, a voter registration agency, an armed forces recruitment
412office, the division, or the office of any supervisor in the
413state.
414     (4)  The registration date for a valid initial voter
415registration application that has been mailed to a driver
416license office, a voter registration agency, an armed forces
417recruitment office, the division, or the office of any
418supervisor in the state and bears a clear postmark is the date
419of that the postmark. If an initial voter registration
420application that has been mailed does not bear a postmark or if
421the postmark is unclear, the registration date is the date the
422application registration is received by any voter registration
423official supervisor or the division, unless it is received
424within 5 days after the closing of the books for an election,
425excluding Saturdays, Sundays, and legal holidays, in which case
426the registration date is the book-closing date.
427     (5)(a)  A voter registration application is complete if it
428contains all information necessary to establish the applicant's
429eligibility pursuant to s. 97.041, including:
430     1.  The applicant's name.
431     2.  The applicant's legal residence address.
432     3.  The applicant's date of birth.
433     4.  A mark in the checkbox affirming An indication that the
434applicant is a citizen of the United States.
435     5.a.  The applicant's current and valid Florida driver's
436license number or, the identification number from a Florida
437identification card issued under s. 322.051, or
438     b.  If the applicant has not been issued a current and
439valid Florida driver's license or a Florida identification card,
440the last four digits of the applicant's social security number.
441     c.  In case an applicant has not been issued a current and
442valid Florida driver's license, Florida identification card, or
443social security number, the applicant shall affirm this fact in
444the manner prescribed in the uniform statewide voter
445registration application.
446     6.  A mark in the checkbox affirming An indication that the
447applicant has not been convicted of a felony or that, if
448convicted, has had his or her civil rights restored.
449     7.  A mark in the checkbox affirming An indication that the
450applicant has not been adjudicated mentally incapacitated with
451respect to voting or that, if so adjudicated, has had his or her
452right to vote restored.
453     8.  Original signature or a digital signature transmitted
454by the Department of Highway Safety and Motor Vehicles of the
455applicant swearing or affirming under the penalty for false
456swearing pursuant to s. 104.011 that the information contained
457in the registration application is true and subscribing to the
458oath required by s. 3, Art. VI of the State Constitution and s.
45997.051.
460     (b)  An applicant who fails to designate party affiliation
461must be registered without party affiliation. The supervisor
462must notify the voter by mail that the voter has been registered
463without party affiliation and that the voter may change party
464affiliation as provided in s. 97.1031.
465     (6)  A voter registration application may be accepted as
466valid only after the department has verified the authenticity or
467nonexistence of the driver's license number, the Florida
468identification card number, or the last four digits of the
469social security number provided by the applicant. If a completed
470voter registration application has been received by the book-
471closing deadline but the driver's license number, the Florida
472identification card number, or the last four digits of the
473social security number provided by the applicant cannot be
474verified prior to the applicant presenting himself or herself to
475vote, the applicant shall be provided a provisional ballot. The
476provisional ballot shall only be counted if the application is
477verified by the end of the canvassing period or if the applicant
478presents evidence to the supervisor of elections sufficient to
479verify the authenticity of the driver's license number, Florida
480identification card number, or last four digits of the social
481security number provided on the application no later than 5 p.m.
482of the third day following the election.
483     (7)  All voter registration applications received by a
484voter registration official shall be entered into the statewide
485voter registration system within 15 days after receipt.
486     Section 7.  Subsections (1), (2), and (3) of section
48797.0535, Florida Statutes, are amended to read:
488     97.0535  Special requirements for certain voters
489applicants.--
490     (1)  Each voter applicant who registers by mail and who has
491never previously voted in the state and who the department has
492verified has not been issued a current and valid Florida
493driver's license, Florida identification card, or social
494security number county shall be required to provide a copy of a
495current and valid identification, as provided in subsection (3),
496or indicate that he or she is exempt from the requirements prior
497to voting. Such The applicant may provide the identification or
498indication may be provided at the time of registering, or at any
499time prior to voting for the first time in the state county. If
500the voter registration application clearly provides information
501from which a voter registration official the supervisor can
502determine that the voter applicant meets at least one of the
503exemptions in subsection (4), the voter registration official
504supervisor shall make the notation on the registration records
505of the statewide voter registration system and the voter
506applicant shall not be required to provide the identification
507required by this section further information that is required of
508first time voters who register by mail.
509     (2)  The voter registration official supervisor of
510elections shall, upon accepting the voter registration
511application submitted pursuant to subsection (1) for an
512applicant who registered by mail and who has not previously
513voted in the county, determine if the voter applicant provided
514the required identification at the time of registering. If the
515required identification was not provided, the supervisor shall
516notify the voter applicant that he or she must provide the
517identification prior to voting the first time in the state
518county.
519     (3)(a)  The following forms of identification shall be
520considered current and valid if they contain the name and
521photograph of the voter applicant and have not expired:
522     1.  Florida driver's license.
523     2.  Florida identification card issued by the Department of
524Highway Safety and Motor Vehicles.
525     1.3.  United States passport.
526     2.4.  Employee badge or identification.
527     3.5.  Buyer's club identification.
528     4.6.  Debit or credit card.
529     5.7.  Military identification.
530     6.8.  Student identification.
531     7.9.  Retirement center identification.
532     8.10.  Neighborhood association identification.
533     9.11.  Entertainment identification.
534     10.12.  Public assistance identification.
535     (b)  The following forms of identification shall be
536considered current and valid if they contain the name and
537current residence address of the voter applicant:
538     1.  Utility bill.
539     2.  Bank statement.
540     3.  Government check.
541     4.  Paycheck.
542     5.  Other government document (excluding voter
543identification card).
544     Section 8.  Subsection (1) of section 97.055, Florida
545Statutes, is amended to read:
546     97.055  Registration books; when closed for an election.--
547     (1)  The registration books must be closed on the 29th day
548before each election and must remain closed until after that
549election. If an election is called and there are fewer than 29
550days before that election, the registration books must be closed
551immediately. When the registration books are closed for an
552election, only updates to a voter's name, address, and signature
553pursuant to ss. 98.077 and 101.045 will be permitted for
554purposes of the upcoming election. Voter registration
555applications and party changes must be accepted but only for the
556purpose of subsequent elections. However, party changes received
557between the book-closing date of the first primary election and
558the date of the second primary election are not effective until
559after the second primary election.
560     Section 9.  Section 97.057, Florida Statutes, is amended to
561read:
562     97.057  Voter registration by the Department of Highway
563Safety and Motor Vehicles.--
564     (1)  The Department of Highway Safety and Motor Vehicles
565shall provide the opportunity to register to vote or to update a
566voter registration record to each individual who comes to an
567office of that department to:
568     (a)  Apply for or renew a driver's license;
569     (b)  Apply for or renew an identification card pursuant to
570chapter 322; or
571     (c)  Change an address on an existing driver's license or
572identification card.
573     (2)  The Department of Highway Safety and Motor Vehicles
574shall:
575     (a)  Notify each individual, orally or in writing, that:
576     1.  Information gathered for the completion of a driver's
577license or identification card application, renewal, or change
578of address can be automatically transferred to a voter
579registration application;
580     2.  If additional information and a signature are provided,
581the voter registration application will be completed and sent to
582the proper election authority;
583     3.  Information provided can also be used to update a voter
584registration record;
585     4.  All declinations will remain confidential and may be
586used only for voter registration purposes; and
587     5.  The particular driver license office in which the
588person applies to register to vote or updates a voter
589registration record will remain confidential and may be used
590only for voter registration purposes.
591     (b)  Require a driver's license examiner to inquire orally,
592or, if the applicant is hearing impaired, inquire in writing if
593the applicant is hearing impaired, and whether the applicant
594wishes to register to vote or update a voter registration record
595during the completion of a driver's license or identification
596card application, renewal, or change of address.
597     1.  If the applicant chooses to register to vote or to
598update a voter registration record:
599     a.  All applicable information received by the Department
600of Highway Safety and Motor Vehicles in the course of filling
601out the forms necessary under subsection (1) must be transferred
602to a voter registration application.;
603     b.  The additional necessary information must be obtained
604by the driver's license examiner and must not duplicate any
605information already obtained while completing the forms required
606under subsection (1).; and
607     c.  A voter registration application with all of the
608applicant's voter registration information must be presented to
609the applicant to review and verify the voter registration
610information received and provide an electronic signature
611affirming the accuracy of the information provided sign.
612     2.  If the applicant declines to register to vote, update
613the applicant's voter registration record, or change the
614applicant's address by either orally declining or by failing to
615sign the voter registration application, the Department of
616Highway Safety and Motor Vehicles must note such declination on
617its records and shall forward the declination to the statewide
618voter registration system keep the declination for 2 years but
619must forward a copy of the unsigned voter registration
620application within 5 days after receipt to the appropriate
621supervisor of elections.
622     (3)  For the purpose of this section, the Department of
623Highway Safety and Motor Vehicles, with the approval of the
624Department of State, shall prescribe:
625     (a)  A voter registration application that is the same in
626content, format, and size as the uniform statewide voter
627registration application prescribed under s. 97.052; and
628     (b)  A form that will inform applicants under subsection
629(1) of the information contained in paragraph (2)(a).
630     (4)  The Department of Highway Safety and Motor Vehicles
631must electronically transmit forward completed voter
632registration applications within 24 hours after receipt to the
633statewide voter registration system. Completed paper voter
634registration applications received by the Department of Highway
635Safety and Motor Vehicles shall be forwarded to the department
636within 5 days after receipt to the supervisor of the county
637where the office that processed or received that application is
638located.
639     (5)  The Department of Highway Safety and Motor Vehicles
640must send, with each driver's license renewal extension
641application authorized pursuant to s. 322.18(8), a uniform
642statewide voter registration application, the voter registration
643application prescribed under paragraph (3)(a), or a voter
644registration application developed especially for the purposes
645of this subsection by the Department of Highway Safety and Motor
646Vehicles, with the approval of the Department of State, which
647must meet the requirements of s. 97.052.
648     (6)  A person providing voter registration services for a
649driver license office may not:
650     (a)  Seek to influence an applicant's political preference
651or party registration;
652     (b)  Display any political preference or party allegiance;
653     (c)  Make any statement to an applicant or take any action
654the purpose or effect of which is to discourage the applicant
655from registering to vote; or
656     (d)  Disclose any applicant's voter registration
657information except as needed for the administration of voter
658registration.
659     (7)  The Department of Highway Safety and Motor Vehicles
660shall compile lists, by county, of those individuals whose names
661have been purged from its driver's license database because they
662have been licensed in another state and shall provide those
663lists annually to the appropriate supervisors.
664     (7)(8)  The Department of Highway Safety and Motor Vehicles
665shall collect data determined necessary by the Department of
666State for program evaluation and reporting to the Federal
667Election Assistance Commission pursuant to federal law the
668National Voter Registration Act of 1993.
669     (8)(9)  The Department of Highway Safety and Motor Vehicles
670must ensure that all voter registration services provided by
671driver license offices are in compliance with the Voting Rights
672Act of 1965.
673     (9)  The Department of Highway Safety and Motor Vehicles
674shall retain complete records of voter registration information
675received, processed, and submitted to the statewide voter
676registration system. These records shall be for the explicit
677purpose of supporting audit and accounting controls established
678to ensure accurate and complete electronic transmission of
679records between the statewide voter registration system and the
680Department of Highway Safety and Motor Vehicles.
681     (10)  The department shall provide the Department of
682Highway Safety and Motor Vehicles with an electronic database of
683street addresses valid for use as the legal residence address as
684required in s. 97.053(5). The Department of Highway Safety and
685Motor Vehicles shall compare the address provided by the
686applicant against the database of valid street addresses. If the
687address provided by the applicant does not match a valid street
688address in the database, the applicant will be asked to verify
689the address provided. The Department of Highway Safety and Motor
690Vehicles shall not reject any application for voter registration
691for which a valid match cannot be made.
692     (11)  The Department of Highway Safety and Motor Vehicles
693shall enter into an agreement with the department to match
694information in the statewide voter registration system with
695information in the database of the Department of Highway Safety
696and Motor Vehicles to the extent required to verify the accuracy
697of the driver's license number, Florida identification number,
698or last four digits of the social security number provided on
699applications for voter registration as required in s. 97.053.
700     (12)  The Department of Highway Safety and Motor Vehicles
701shall enter into an agreement with the Commissioner of Social
702Security as required by the Help America Vote Act of 2002 to
703verify the last four digits of the social security number
704provided in applications for voter registration as required in
705s. 97.053.
706     Section 10.  Subsections (6), (7), and (9) of section
70797.058, Florida Statutes, are amended to read:
708     97.058  Voter registration agencies.--
709     (6)  A voter registration agency must forward all completed
710and incomplete voter registration applications within 5 days
711after receipt to the supervisor of the county where the agency
712that processed or received that application is located.
713     (7)  A voter registration agency must retain declinations
714for a period of 2 years, during which time the declinations are
715not considered a record of the client pursuant to the laws
716governing the agency's records. However, a voter registration
717agency must forward a copy of each incompleted voter
718registration application within 5 days after receipt to the
719appropriate supervisor of elections.
720     (9)  A voter registration agency must collect data
721determined necessary by the department for program evaluation
722and reporting to the Federal Election Assistance Commission
723pursuant to federal law the National Voter Registration Act of
7241993.
725     Section 11.  Section 97.061, Florida Statutes, is amended
726to read:
727     97.061  Special registration for electors requiring
728assistance.--
729     (1)  Any person who is eligible to register and who is
730unable to read or write or who, because of some disability,
731needs assistance in voting shall upon that person's request be
732registered by the supervisor under the procedure prescribed by
733this section and shall be entitled to receive assistance at the
734polls under the conditions prescribed by this section.
735     (2)  If a person is qualified to register pursuant to this
736section, the voter registration official supervisor shall note
737in that person's registration record that the person needs
738assistance in voting.
739     (3)  The precinct register generated by the supervisor
740shall contain Upon registering any person pursuant to this
741section, the supervisor must make a notation on the registration
742books or records which are delivered to the polls on election
743day that such person is eligible for assistance in voting, and
744the supervisor shall may issue such person a special
745registration identification card or make a some notation on the
746voter information regular registration identification card that
747such person is eligible for assistance in voting. Such person
748shall be entitled to receive the assistance of two election
749officials or some other person of his or her own choice, other
750than the person's employer, the agent of the person's employer,
751or an officer or agent of the person's union, without the
752necessity of executing the "Declaration to Secure Assistance"
753prescribed in s. 101.051. Such person shall notify the
754supervisor of any change in his or her condition which makes it
755unnecessary for him or her to receive assistance in voting.
756     Section 12.  Section 97.071, Florida Statutes, is amended
757to read:
758     97.071  Voter information Registration identification
759card.--
760     (1)  The department shall prescribe by rule a voter
761information registration identification card that shall must be
762furnished by the supervisor to all registered voters residing in
763the supervisor's county. The card shall registering under the
764permanent single registration system and must contain:
765     (a)  Voter's registration number.
766     (b)  Date of registration.
767     (c)  Full name.
768     (d)  Party affiliation.
769     (e)  Date of birth.
770     (f)  Race or ethnicity, if provided by the applicant.
771     (g)  Sex, if provided by the applicant.
772     (e)(h)  Address of legal residence.
773     (f)(i)  Precinct number.
774     (g)(j)  Name of supervisor and contact information of
775supervisor.
776     (k)  Place for voter's signature.
777     (h)(l)  Other information deemed necessary by the
778department.
779     (2)  A voter may receive a replacement voter information of
780a registration identification card by providing a signed,
781written request for a replacement card to a voter registration
782official the supervisor. Upon verification of registration, the
783supervisor shall issue the voter a duplicate card without
784charge.
785     (3)  In the case of a change of name, address, or party
786affiliation, the supervisor shall must issue the voter a new
787voter information registration identification card. However, a
788voter information registration identification card indicating a
789party affiliation change made between the book-closing date for
790the first primary election and the date of the second primary
791election may not be issued until after the second primary
792election.
793     Section 13.  Section 97.073, Florida Statutes, is amended
794to read:
795     97.073  Disposition of voter registration applications;
796cancellation notice.--
797     (1)  The supervisor must notify each applicant of the
798disposition of the applicant's voter registration application.
799The notice must inform the applicant that the application has
800been approved, is incomplete, has been denied, or is a duplicate
801of a current registration. A voter information registration
802identification card sent to an applicant constitutes notice of
803approval of registration. If the application is incomplete, the
804supervisor must request that the applicant supply the missing
805information using a voter registration application signed by the
806applicant in writing and sign a statement that the additional
807information is true and correct. A notice of denial must inform
808the applicant of the reason the application was denied.
809     (2)  Within 2 weeks after approval of a voter registration
810application that indicates that the applicant was previously
811registered in another state jurisdiction, the department
812supervisor must notify the registration official in the prior
813state jurisdiction that the applicant is now registered in this
814state the supervisor's county.
815     Section 14.  Section 97.1031, Florida Statutes, is amended
816to read:
817     97.1031  Notice of change of residence within the same
818county, change of name, or change of party affiliation.--
819     (1)  When an elector moves from the address named on that
820person's voter registration record to another address within the
821state or changes his or her name by marriage or other legal
822process same county, the elector shall submit the new
823information to a voter registration official using a voter
824registration application signed by the elector must provide
825notification of such move to the supervisor of elections of that
826county. The elector may provide the supervisor a signed, written
827notice or may notify the supervisor by telephone or electronic
828means. However, notification of such move other than by signed,
829written notice must include the elector's date of birth. A voter
830information registration identification card reflecting the new
831information address of legal residence shall be issued to the
832elector as provided in subsection (3)(4).
833     (2)  When the name of an elector is changed by marriage or
834other legal process, the elector must provide a signed, written
835notification of such change to the supervisor and obtain a
836registration identification card reflecting the new name.
837     (2)(3)  When an elector seeks to change party affiliation,
838the elector shall must provide notice a signed, written
839notification of such intent to a voter registration official
840using a voter registration application signed by the elector. A
841voter information the supervisor and obtain a registration
842identification card reflecting the new party affiliation, shall
843be issued by the supervisor to the elector subject to the
844issuance restriction in s. 97.071(3).
845     (3)(4)  The voter registration official supervisor shall
846make the necessary changes in the elector's records as soon as
847practical upon receipt of such notice of a change of address of
848legal residence, name, or party affiliation and shall issue the
849new registration identification card as required by s.
85097.071(3).
851     Section 15.  Section 97.105, Florida Statutes, is amended
852to read:
853     97.105  Permanent single registration system
854established.--A permanent single registration system for the
855registration of electors to qualify them to vote in all
856elections is provided for the several counties and
857municipalities. This system shall be put into use by all
858municipalities and shall be in lieu of any other system of
859municipal registration. Electors shall be registered pursuant to
860in pursuance of this system by a voter registration official the
861supervisor or by a deputy supervisor, and electors registered
862shall not thereafter be required to register or reregister
863except as provided by law.
864     Section 16.  Subsections (3), (10), and (11) of section
86598.015, Florida Statutes, are amended to read:
866     98.015  Supervisor of elections; election, tenure of
867office, compensation, custody of books, office hours, successor,
868seal; appointment of deputy supervisors; duties.--
869     (3)  The supervisor is required to update voter
870registration information and enter new voter registrations into
871the statewide voter registration system and to act as the
872official custodian of documents received by the supervisor
873related to the registration of electors and changes in voter
874registration status the registration books and has the exclusive
875control of matters pertaining to registration of electors.
876     (10)  Each supervisor shall must ensure that all voter
877registration and list maintenance procedures conducted by such
878supervisor are in compliance with any applicable requirements
879prescribed by the department through the statewide voter
880registration system or prescribed by for that county under the
881Voting Rights Act of 1965, the National Voter Registration Act
882of 1993, and the Help America Vote Act of 2002.
883     (11)  Each supervisor shall ensure that any voter
884registration system used by the supervisor for administering his
885or her duties as a voter registration official complies with the
886specifications and procedures established by the department and
887the statewide voter registration system Each supervisor of
888elections shall forward to the property appraiser for the county
889in which the homestead is claimed the name of the person and the
890address of the homestead of each person who registers to vote at
891an address other than that at which the person claims a
892homestead exemption, as disclosed on the uniform statewide voter
893registration application pursuant to s. 97.052.
894     Section 17.  Section 98.035, Florida Statutes, is created
895to read:
896     98.035  Statewide voter registration system;
897implementation, operation, and maintenance.--
898     (1)  The Secretary of State, as chief election officer of
899the state, shall be responsible for implementing, operating, and
900maintaining, in a uniform and nondiscriminatory manner, a
901single, uniform, official, centralized, interactive,
902computerized statewide voter registration system as required by
903the Help America Vote Act of 2002.
904     (2)  The statewide voter registration system shall contain
905the name and registration information of every legally
906registered voter in the state. All voters shall be assigned a
907unique identifier. The system shall be the official list of
908registered voters in the state and shall provide secured access
909by authorized voter registration officials. The system shall
910enable voter registration officials to provide, access, and
911update voter registration information.
912     (3)  The department shall not contract with any private
913entity for the operation of the statewide voter registration
914system.
915     (4)  The implementation of the statewide voter registration
916system shall not prevent any supervisor of elections from
917acquiring, maintaining, or using any hardware or software
918necessary or desirable to carry out the supervisor's
919responsibilities related to the use of voter registration
920information or the conduct of elections, provided that such
921hardware or software does not conflict with the operation of the
922statewide voter registration system.
923     (5)  The department may adopt rules governing the access,
924use, and operation of the statewide voter registration system to
925ensure security, uniformity, and integrity of the system.
926     Section 18.  Section 98.045, Florida Statutes, is amended
927to read:
928     98.045  Administration of voter registration.--
929     (1)  ELIGIBILITY OF APPLICANT.--The department Each
930supervisor must ensure that any eligible applicant for voter
931registration is registered to vote and that each application for
932voter registration is processed in accordance with law. The
933department shall determine whether a voter registration
934applicant is ineligible based on any of the following:
935     (a)  The failure to complete a voter registration
936application as specified in s. 97.053.
937     (b)  The applicant is deceased.
938     (c)  The applicant has been convicted of a felony for which
939his or her civil rights have not been restored.
940     (d)  The applicant has been adjudicated mentally
941incapacitated with respect to the right to vote and such right
942has not been restored.
943     (e)  The applicant does not meet the age requirement
944pursuant to s. 97.041.
945     (f)  The applicant is not a United States citizen.
946     (g)  The applicant is a fictitious person.
947     (h)  The applicant has provided an address of legal
948residence that is not his or her legal residence.
949     (i)  The applicant has provided a driver's license number,
950Florida identification card number, or the last four digits of a
951social security number that is not verifiable by the department.
952     (2) REMOVAL OF REGISTERED VOTERS.--
953     (a)  Once a voter is registered, the name of that voter may
954not be removed from the statewide voter registration system
955books except at the written request of the voter, by reason of
956the voter's conviction of a felony or adjudication as mentally
957incapacitated with respect to voting, by death of the voter, or
958pursuant to a registration list maintenance program or other
959registration list maintenance activity conducted pursuant to s.
96098.065 or, s. 98.075, or s. 98.0977.
961     (b)(2)  Information received by a voter registration
962official supervisor from an election official in another state
963jurisdiction indicating that a registered voter in this state
964the supervisor's county has registered to vote in that other
965state jurisdiction shall be considered as a written request from
966the voter to have the voter's name removed from the statewide
967voter registration system books of the supervisor's county.
968     (3)  PUBLIC RECORDS ACCESS AND RETENTION.--Each voter
969registration official Notwithstanding the provisions of ss.
97098.095 and 98.0977, each supervisor shall maintain for at least
9712 years, and make available for public inspection and copying,
972all records concerning implementation of registration list
973maintenance programs and activities conducted pursuant to ss.
97498.065 and, 98.075, and 98.0977. The records must include lists
975of the name and address of each person to whom a an address
976confirmation final notice was sent and information as to whether
977each such person responded to the mailing, but may not include
978any information that is confidential or exempt from public
979records requirements under this code.
980     (4)  STATEWIDE ELECTRONIC DATABASE OF VALID STREET
981ADDRESSES.--
982     (a)  The department shall compile and maintain a statewide
983electronic database of valid street addresses; make all
984reasonable efforts to coordinate with county 911, property
985appraisers, the Department of Revenue, the United States Postal
986Service, or other agencies as necessary to ensure the continued
987accuracy of such lists; and evaluate the information to identify
988any duplicate addresses and any address that may overlap county
989boundaries.
990     (b)  The department shall make the statewide database of
991valid street addresses available to the Department of Highway
992Safety and Motor Vehicles as provided for in s. 97.057(10). The
993Department of Highway Safety and Motor Vehicles shall use the
994database for purposes of validating the legal residential
995addresses provided in voter registration applications received
996by the Department of Highway Safety and Motor Vehicles.
997     (5)  FORMS.--The department may prescribe by rule forms
998necessary to conduct maintenance of records in the statewide
999voter registration system.
1000     Section 19.  Section 98.065, Florida Statutes, as amended
1001by chapter 2002-281, Laws of Florida, is amended to read:
1002     98.065  Registration list maintenance programs.--
1003     (1)  The supervisor must conduct a general registration
1004list maintenance program to protect the integrity of the
1005electoral process by ensuring the maintenance of accurate and
1006current voter registration records in the statewide voter
1007registration system. The program must be uniform,
1008nondiscriminatory, and in compliance with the Voting Rights Act
1009of 1965, the National Voter Registration Act of 1993, and the
1010Help America Vote Act of 2002. As used in this subsection, the
1011term "nondiscriminatory" applies to and includes persons with
1012disabilities.
1013     (2)  A supervisor must incorporate one or more of the
1014following procedures in the supervisor's biennial registration
1015list maintenance program under which:
1016     (a)  Change-of-address information supplied by the United
1017States Postal Service through its licensees is used to identify
1018registered voters whose addresses might have changed;
1019     (b)  Change-of-address information is identified from
1020returned nonforwardable return-if-undeliverable mail sent to all
1021registered voters in the county; or
1022     (c)  Change-of-address information is identified from
1023returned nonforwardable return-if-undeliverable address
1024confirmation requests mailed to all registered voters who have
1025not voted in the last 2 years and who did not make a written
1026request that their registration records be updated during that
1027time.
1028     (3)  A registration list maintenance program must be
1029conducted by each supervisor, at a minimum, in each odd-numbered
1030year and must be completed not later than 90 days prior to the
1031date of any federal election. A voter's name may not be removed
1032from the statewide voter registration system books later than 90
1033days prior to the date of a federal election. However, nothing
1034in this section shall preclude the removal of the name of a
1035voter from the statewide voter registration system books, at any
1036time and without prior notification, upon the written request of
1037the voter, by reason of conviction of the voter of a felony, by
1038reason of adjudication of the voter as mentally incapacitated
1039with respect to voting, by reason of the death of the voter, or
1040upon a determination of ineligibility as provided in s.
104198.075(3). All list maintenance actions associated with each
1042voter must be entered, tracked, and maintained in the statewide
1043voter registration system.
1044     (4)(a)  If the supervisor receives change-of-address
1045information pursuant to the activities conducted in subsection
1046(2), from jury notices signed by the voter and returned to the
1047courts, from the Department of Highway Safety and Motor
1048Vehicles, or from other sources, which information indicates
1049that the legal address of a registered voter might have changed,
1050the supervisor shall send by forwardable return-if-undeliverable
1051mail an address confirmation notice to the address at which the
1052voter was last registered. A supervisor may also send an address
1053confirmation notice to any voter who the supervisor has reason
1054to believe has moved from his or her legal residence.
1055(b)  The address confirmation notice shall contain a
1056postage prepaid preaddressed return form on which:
10571.  If the voter has changed his or her address of legal
1058residence to a location outside the state, the voter shall mark
1059that the voter's legal residence has changed to a location
1060outside the state. The form shall also include information on
1061how to register in the new state in order to be eligible to
1062vote. The form must be returned within 30 days after the date of
1063the notice. The completed form shall constitute a request to be
1064removed from the statewide voter registration system.
10652.  If the voter has changed his or her address of legal
1066residence to a location inside the state, the voter shall set
1067forth the updated or corrected address and submit the return
1068form within 30 days after the date of the notice. The completed
1069form shall constitute a request to update the statewide voter
1070registration system with the updated or corrected address
1071information.
10723.  If the voter has not changed his or her address of
1073legal residence as printed on the address confirmation notice,
1074the voter shall confirm that his or her address of legal
1075residence has not changed and submit the form within 30 days
1076after the date of the notice.
1077(c)  The supervisor must designate as inactive all voters
1078who have been sent an address confirmation notice and who have
1079not returned the postage prepaid preaddressed return form within
108030 days or for which an address confirmation notice has been
1081returned as undeliverable. Names on the inactive list may not be
1082used to calculate the number of signatures needed on any
1083petition. A voter on the inactive list may be restored to the
1084active list of voters upon the voter updating his or her
1085registration, requesting an absentee ballot, or appearing to
1086vote. However, if the voter does not update his or her voter
1087registration information, request an absentee ballot, or vote by
1088the second general election after being placed on the inactive
1089list, the voter's name shall be removed from the statewide voter
1090registration system and the voter shall be required to
1091reregister to have his or her name restored to the statewide
1092voter registration system.
1093(5)  No notice may be issued pursuant to this section and
1094no voter's name may be removed from the statewide voter
1095registration system later than 90 days prior to the date of a
1096federal election. However, nothing in this section shall
1097preclude the removal of the name of a voter from the statewide
1098voter registration system at any time upon the voter's written
1099request, by reason of the voter's death, or upon a determination
1100of the voter's ineligibility as provided in s. 98.075(7).
1101(6)(a)  No later than July 31 and January 31 of each year,
1102the supervisor must certify to the department the list
1103maintenance activities conducted during the first 6 months and
1104the second 6 months of the year, respectively, including the
1105number of address confirmation requests sent, the number of
1106address confirmation final notices sent, the number of voters
1107designated as inactive, and the number of voters removed from
1108the statewide voter registration system.
1109(b)  If, based on the certification provided pursuant to
1110paragraph (a), the department determines that a supervisor has
1111not conducted the list maintenance activities as required by
1112this section, the department shall conduct the appropriate list
1113maintenance activities for that county. Failure to conduct list
1114maintenance activities as required in this section shall
1115constitute a violation of s. 104.051.
1116     (4)  If the supervisor receives change-of-address
1117information from the United States Postal Service or its
1118licensees or from jury notices signed by the voter and returned
1119to the courts, which indicates that:
1120     (a)  The voter has moved within the supervisor's county,
1121the supervisor must change the registration records to show the
1122new address and must send the voter a notice of the change by
1123forwardable mail, including a postage prepaid preaddressed
1124return form with which the voter may verify or correct the
1125address information.
1126     (b)  The voter has moved outside the supervisor's county,
1127or contains no forwarding address, the supervisor shall send an
1128address confirmation final notice and remove the name of the
1129voter from the registration record if that voter did not:
1130     1.  Return the postage prepaid preaddressed return form;
1131     2.  Appear to vote;
1132     3.  Change the voter's registration; or
1133     4.  Request an absentee ballot
1134
1135during the period beginning on the date when the address
1136confirmation final notice was sent and ending on the day after
1137the date of the second general election thereafter.
1138     (5)  The supervisor must designate as inactive all voters
1139who have been sent an address confirmation final notice and who
1140have not returned the postage prepaid preaddressed return form
1141within 30 days. A voter on the inactive list must be allowed to
1142vote and to change the voter's name or address of legal
1143residence at the polls pursuant to s. 101.045. Names on the
1144inactive list may not be used to calculate the number of
1145signatures needed on any petition or the quantity of voting
1146equipment needed.
1147     Section 20.  Section 98.075, Florida Statutes, is amended
1148to read:
1149(Substantial rewording of section. See
1150s. 98.075, F.S., for present text)
1151     98.075  Registration records maintenance activities;
1152ineligibility determinations.--
1153     (1)  MAINTENANCE OF RECORDS.--The department shall protect
1154the integrity of the electoral process by ensuring the
1155maintenance of accurate and current voter registration records.
1156List maintenance activities must be uniform, nondiscriminatory,
1157and in compliance with the Voting Rights Act of 1965, the
1158National Voter Registration Act of 1993, and the Help America
1159Vote Act of 2002.
1160     (2)  DUPLICATE REGISTRATION.--The department shall identify
1161those voters who are registered more than once or those
1162applicants whose registration applications would result in
1163duplicate registrations. The most recent application shall be
1164deemed an update to the voter registration record.
1165     (3)  DECEASED PERSONS.--The department shall identify those
1166registered voters who are deceased by comparing information on
1167the lists of deceased persons received from the Department of
1168Health as provided in s. 98.093. Upon receipt of such
1169information through the statewide voter registration system, the
1170supervisor shall remove the name of the registered voter.
1171     (4)  ADJUDICATION OF MENTAL INCAPACITY.--The department
1172shall identify those registered voters who have been adjudicated
1173mentally incapacitated with respect to voting and who have not
1174had their voting rights restored by comparing information
1175received from the clerk of the circuit court as provided in s.
117698.093. The department shall review such information and make an
1177initial determination as to whether the information is credible
1178and reliable. If the department determines that the information
1179is credible and reliable, the department shall notify the
1180supervisor and provide a copy of the supporting documentation
1181indicating the potential ineligibility of the voter to be
1182registered. Upon receipt of the notice that the department has
1183made a determination of initial credibility and reliability, the
1184supervisor shall adhere to the procedures set forth in
1185subsection (7) prior to the removal of a registered voter from
1186the statewide voter registration system.
1187     (5)  FELONY CONVICTION.--The department shall identify
1188those registered voters who have been convicted of a felony and
1189whose rights have not been restored by comparing information
1190received from, but not limited to, a clerk of the circuit court,
1191the Board of Executive Clemency, the Department of Corrections,
1192the Department of Law Enforcement, and a United States
1193Attorney's Office, as provided in s. 98.093. The department
1194shall review such information and make an initial determination
1195as to whether the information is credible and reliable. If the
1196department determines that the information is credible and
1197reliable, the department shall notify the supervisor and provide
1198a copy of the supporting documentation indicating the potential
1199ineligibility of the voter to be registered. Upon receipt of the
1200notice that the department has made a determination of initial
1201credibility and reliability, the supervisor shall adhere to the
1202procedures set forth in subsection (7) prior to the removal of a
1203registered voter's name from the statewide voter registration
1204system.
1205     (6)  OTHER BASES FOR INELIGIBILITY.--If the department or
1206voter registration official receives information other than from
1207the sources identified in subsections (2)-(5) that a registered
1208voter does not meet the age requirement pursuant to s. 97.041,
1209is not a United States citizen, is a fictitious person, or has
1210listed a residence that is not his or her legal residence, the
1211supervisor shall adhere to the procedures set forth in
1212subsection (7) prior to the removal of a registered voter's name
1213from the statewide voter registration system.
1214     (7)  PROCEDURES FOR REMOVAL.--
1215     (a)  If the supervisor receives notice or information
1216pursuant to subsections (4)-(6), the supervisor of the county in
1217which the voter is registered shall:
1218     1.  Notify the registered voter of his or her potential
1219ineligibility by mail within 7 days after receipt of notice or
1220information. The notice shall include:
1221     a.  A statement of the basis for the registered voter's
1222potential ineligibility and a copy of any documentation upon
1223which the potential ineligibility is based.
1224     b.  A statement that failure to respond within 30 days
1225after receipt of the notice may result in a determination of
1226ineligibility and in the removal of the registered voter's name
1227from the statewide voter registration system.
1228     c.  A return form that requires the registered voter to
1229admit or deny the accuracy of the information underlying the
1230potential ineligibility for purposes of a final determination by
1231the supervisor.
1232     d.  A statement that, if the voter is denying the accuracy
1233of the information underlying the potential ineligibility, the
1234voter has a right to request a hearing for the purpose of
1235determining eligibility.
1236     e.  Instructions for the registered voter to contact the
1237supervisor of elections of the county in which the voter is
1238registered if assistance is needed in resolving the matter.
1239     f.  Instructions for seeking restoration of civil rights
1240following a felony conviction, if applicable.
1241     2.  If the mailed notice is returned as undeliverable, the
1242supervisor shall publish notice once in a newspaper of general
1243circulation in the county in which the voter was last
1244registered. The notice shall contain the following:
1245     a.  The voter's name and address.
1246     b.  A statement that the voter is potentially ineligible to
1247be registered to vote.
1248     c.  A statement that failure to respond within 30 days from
1249the published notice may result in a determination of
1250ineligibility by the supervisor and the removal of the
1251registered voter's name from the statewide voter registration
1252system.
1253     d.  An instruction for the voter to contact the supervisor
1254no later than 30 days from the date of the published notice to
1255receive information regarding the basis for the potential
1256ineligibility and the procedure to resolve the matter.
1257     e.  An instruction to the voter that, if further assistance
1258is needed, the voter should contact the supervisor of elections
1259of the county in which the voter is registered.
1260     3.  If a registered voter fails to respond to a notice
1261pursuant to subparagraph 1. or subparagraph 2., the supervisor
1262shall make a final determination of the voter's eligibility. If
1263the supervisor determines that the voter is ineligible, the
1264supervisor shall remove the name of the registered voter from
1265the statewide voter registration system. The supervisor shall
1266notify the registered voter of his or her determination and
1267action.
1268     4.  If a registered voter responds to the notice pursuant
1269to subparagraph 1. or subparagraph 2. and admits the accuracy of
1270the information underlying the potential ineligibility, the
1271supervisor shall make a final determination of ineligibility and
1272shall remove the voter's name from the statewide voter
1273registration system. The supervisor shall notify the registered
1274voter of his or her determination and action.
1275     5.  If a registered voter responds to the notice issued
1276pursuant to subparagraph 1. or subparagraph 2. and denies the
1277accuracy of the information underlying the potential
1278ineligibility but does not request a hearing, the supervisor
1279shall review the evidence and make a final determination of
1280eligibility. If such registered voter requests a hearing, the
1281supervisor shall send notice to the registered voter to attend a
1282hearing at a time and place specified in the notice. Upon
1283hearing all evidence presented at the hearing, the supervisor
1284shall make a determination of eligibility. If the supervisor
1285determines that the registered voter is ineligible, the
1286supervisor shall remove the voter's name from the statewide
1287voter registration system and notify the registered voter of his
1288or her determination and action.
1289     (b)  The following shall apply to this subsection:
1290     1.  All determinations of eligibility shall be based on a
1291preponderance of the evidence.
1292     2.  All proceedings are exempt from the provisions of
1293chapter 120.
1294     3.  Any notice shall be sent by certified mail, return
1295receipt requested, or other means that provides a verification
1296of receipt to the registered voter or by publication in a
1297newspaper of general circulation where the voter was last
1298registered, whichever is applicable.
1299     4.  The supervisor shall remove the name of any registered
1300voter from the statewide voter registration system only after
1301the supervisor makes a final determination that the voter is
1302ineligible.
1303     5.  Any voter whose name has been removed from the
1304statewide voter registration system pursuant to a determination
1305of ineligibility may appeal that determination under the
1306provisions of s. 98.0755.
1307     6.  Any voter whose name was removed from the statewide
1308voter registration system on the basis of a determination of
1309ineligibility who subsequently becomes eligible to vote shall be
1310required to reregister to have his or her name restored to the
1311statewide voter registration system.
1312     (8)(a)  No later than July 31 and January 31 of each year,
1313the supervisor shall certify to the department the activities
1314conducted pursuant to this section during the first 6 months and
1315the second 6 months of the year, respectively. The certification
1316shall include the number of persons to whom notices were sent
1317pursuant to subsection (7), the number of persons who responded
1318to the notices, the number of notices returned as undeliverable,
1319the number of notices published in the newspaper, the number of
1320hearings conducted, and the number of persons removed from the
1321statewide voter registration systems and the reasons for such
1322removals.
1323     (b)  If, based on the certification provided pursuant to
1324paragraph (a), the department determines that a supervisor has
1325not satisfied the requirements of this section, the department
1326shall satisfy the appropriate requirements for that county.
1327Failure to satisfy the requirements of this section shall
1328constitute a violation of s. 104.051.
1329     Section 21.  Section 98.0755, Florida Statutes, is created
1330to read:
1331     98.0755  Appeal of determination of ineligibility.--Appeal
1332of the department's determination of ineligibility pursuant to
1333s. 98.075(7) may be taken to the circuit court in and for the
1334county where the person was registered. Notice of appeal must be
1335filed within the time and in the manner provided by the Florida
1336Rules of Appellate Procedure and acts as supersedeas. Trial in
1337the circuit court is de novo and governed by the rules of that
1338court. Unless the person can show that his or her name was
1339erroneously or illegally removed from the statewide voter
1340registration system, or that he or she is indigent, the person
1341must bear the costs of the trial in the circuit court.
1342Otherwise, the cost of the appeal must be paid by the
1343department.
1344     Section 22.  Section 98.077, Florida Statutes, is amended
1345to read:
1346     98.077  Update of voter signature.--
1347     (1)  A registered voter may update his or her signature on
1348file in the statewide voter registration system at any time
1349using a voter registration application submitted to a voter
1350registration official.
1351     (2)  The department and supervisors supervisor of elections
1352shall include in any correspondence, other than postcard
1353notifications and notices relating to eligibility, sent to a
1354provide to each registered voter information regarding of the
1355county the opportunity to update his or her signature on file at
1356the supervisor's office by providing notification of the ability
1357to do so in any correspondence, other than postcard
1358notifications, sent to the voter. The notice shall advise when,
1359where, and how to update the voter's signature and shall provide
1360the voter information on how to obtain a voter registration
1361application form from a voter registration official the
1362supervisor that can be returned to update the signature.
1363     (3)  In addition, At least once during each general
1364election year, the supervisor shall publish in a newspaper of
1365general circulation or other newspaper in the county deemed
1366appropriate by the supervisor a notice specifying when, where,
1367or how a voter can update his or her signature that is on file
1368or how a voter can obtain a voter registration application form
1369from a voter registration official the supervisor to do so.
1370     (4)  All signature updates for use in verifying absentee
1371and provisional ballots must be received by the appropriate
1372supervisor of elections no later than the start of the
1373canvassing of absentee ballots by the canvassing board. The
1374signature on file at the start of the canvass of the absentees
1375is the signature that shall be used in verifying the signature
1376on the absentee and provisional ballot certificates.
1377     Section 23.  Section 98.081, Florida Statutes, is amended
1378to read:
1379     98.081  Names removed from the statewide voter registration
1380system books; restrictions on reregistering; recordkeeping;
1381restoration of erroneously or illegally removed names.--
1382     (1)  Any person who requested that his or her name be
1383removed from the statewide voter registration system books
1384between the book-closing date of the first primary and the date
1385of the second primary may not register in a different political
1386party until after the date of the second primary election.
1387     (2)  When the name of any elector is removed from the
1388statewide voter registration system books pursuant to s. 98.065
1389or, s. 98.075, or s. 98.093, the elector's original registration
1390application form shall be retained by the voter registration
1391official having custody of the application filed alphabetically
1392in the office of the supervisor. As alternatives, registrations
1393removed from the statewide voter registration system books may
1394be microfilmed and such microfilms substituted for the original
1395registration applications forms; or, when voter registration
1396information, including the voter's signature, is maintained
1397digitally or on electronic, magnetic, or optic media, such
1398stored information may be substituted for the original
1399registration application form. Such microfilms or stored
1400information shall be retained by the voter registration official
1401having in the custody of the supervisor. In the event the
1402original registration applications forms are microfilmed or
1403maintained digitally or on electronic or other media, such
1404originals may be destroyed in accordance with the schedule
1405approved by the Bureau of Archives and Records Management of the
1406Division of Library and Information Services of the department.
1407     (3)  When the name of any elector has been erroneously or
1408illegally removed from the statewide voter registration system
1409books, the name of the elector shall be restored by a voter
1410registration official the supervisor upon satisfactory proof,
1411even though the registration period for that election is closed.
1412     Section 24.  Section 98.093, Florida Statutes, is amended
1413to read:
1414     98.093  Duty of officials to furnish lists of deceased
1415persons, persons adjudicated mentally incapacitated, and persons
1416convicted of a felony.--
1417     (1)  In order to ensure the maintenance of accurate and
1418current voter registration records, it is necessary for the
1419department to receive certain information from state and federal
1420officials and entities. The department shall use the information
1421provided from the sources in subsection (2) to maintain the
1422voter registration records.
1423     (2)  To the maximum extent feasible, state and local
1424government agencies shall facilitate provision of information
1425and access to data to the department, including, but not limited
1426to, databases that contain reliable criminal records and records
1427of deceased persons. State and local government agencies that
1428provide such data shall do so without charge if the direct cost
1429incurred by those agencies is not significant.
1430     (a)  The Department of Health shall furnish monthly to the
1431department each supervisor of elections a list containing the
1432name, address, date of birth, date of death, social security
1433number, race, and sex of each deceased person 17 years of age or
1434older who was a resident of such supervisor's county.
1435     (b)(2)  Each clerk of the circuit court shall furnish
1436monthly to the department, at least once each month, deliver to
1437each supervisor of elections a list of those persons who have
1438been adjudicated mentally incapacitated with respect to voting
1439during the preceding calendar month, a list of those persons
1440whose mental capacity with respect to voting has been restored
1441during the preceding calendar month, and a list of those persons
1442who have returned signed jury notices during the preceding
1443months to the clerk of the circuit court indicating a change of
1444address. Each list shall include stating the name, address, date
1445of birth, race, and sex, and, whichever is available, the
1446Florida driver's license number, Florida identification card
1447number, or social security number of each such person convicted
1448of a felony during the preceding calendar month who was a
1449resident of that supervisor's county, a list stating the name,
1450address, date of birth, race, and sex of each person adjudicated
1451mentally incapacitated with respect to voting during the
1452preceding calendar month who was a resident of that supervisor's
1453county, and a list stating the name, address, date of birth,
1454race, and sex of each person whose mental capacity with respect
1455to voting has been restored who was a resident of that
1456supervisor's county.
1457     (c)(3)  Upon receipt of information from the United States
1458Attorney, listing persons convicted of a felony in federal
1459court, the department shall use such information to identify
1460registered voters or applicants for voter registration who may
1461be potentially ineligible based on information provided in
1462accordance with s. 98.075 immediately forward such information
1463to the supervisor of elections for the county where the offender
1464resides.
1465     (d)  The Department of Law Enforcement shall furnish
1466monthly to the department a list of those persons who have been
1467convicted of a felony in the preceding month or any updates to
1468prior records that may have occurred in the preceding month. The
1469list shall contain the name, address, date of birth, race, sex,
1470date of conviction, county of conviction, social security
1471number, and a unique identifier of each conviction of each
1472person.
1473     (e)  The Board of Executive Clemency shall furnish monthly
1474to the department a list of those persons granted clemency in
1475the preceding month or any updates to prior records that may
1476have occurred in the preceding month. The list shall contain the
1477Board of Executive Clemency case number, name, address, date of
1478birth, race, sex, and, where available, the social security
1479number, references to record identifiers assigned by the
1480Department of Corrections, a unique identifier of each clemency
1481case, and the effective date of clemency of each person.
1482     (f)  The Department of Corrections shall furnish monthly to
1483the department a list of those persons transferred to the
1484Department of Corrections in the preceding month or any updates
1485to prior records that may have occurred in the preceding month.
1486The list shall contain the name, address, date of birth, race,
1487sex, social security number, Department of Corrections record
1488identification number, and associated Department of Law
1489Enforcement felony conviction record number of each person.
1490     (g)  The Department of Highway Safety and Motor Vehicles
1491shall furnish monthly to the department a list of those persons
1492whose names have been removed from the driver's license database
1493because they have been licensed in another state. The list shall
1494contain the name, address, date of birth, sex, social security
1495number, and driver's license number of each such person.
1496     (4)  Upon receipt of any such list, the supervisor shall
1497remove from the registration books the name of any person listed
1498who is deceased, convicted of a felony, or adjudicated mentally
1499incapacitated with respect to voting. A person who has had his
1500or her mental capacity with respect to voting restored or who
1501has had his or her right to vote restored after conviction of a
1502felony shall be required to reregister to have his or her name
1503restored to the registration books.
1504     (3)(5)  Nothing in this section shall limit or restrict the
1505department in its duty or the supervisor in his or her duty to
1506remove the names of such persons from the statewide voter
1507registration system pursuant to s. 98.075(7) based upon books
1508after verification of information received from other sources.
1509     Section 25.  Section 98.0981, Florida Statutes, is created
1510to read:
1511     98.0981  Statewide voter registration database;
1512preservation.--
1513     (1)  The department shall send to the Legislature in
1514electronic format a file containing all voters qualified as of
1515the close of books for an election to vote in such election. The
1516file shall contain a unique identifier of the voter; the
1517information requested in the uniform statewide voter
1518registration application pursuant to s. 97.052(2); the date of
1519registration; the representative district, senatorial district,
1520congressional district, and precinct in which the voter resides;
1521the ballot design used by the voter; and whether the voter voted
1522at the poll, by absentee ballot, or by early vote at a
1523designated location, or whether the voter did not vote. If a
1524person voted by absentee ballot and the ballot was not counted,
1525the file shall contain the reason the ballot was not counted.
1526This file shall be delivered within 60 days after an election to
1527the Legislature.
1528     (2)  The department shall certify whether the totals in the
1529file pursuant to subsection (1) match the published totals of
1530votes as certified by the canvassing boards. If the totals do
1531not match, the department shall give a report to the Legislature
1532explaining why the totals do not match.
1533     Section 26.  Section 98.212, Florida Statutes, is amended
1534to read:
1535     98.212  Department and supervisors to furnish statistical
1536and other information.--
1537     (1)(a)  Upon written request, the department and any
1538supervisor of the respective counties supervisors shall, as
1539promptly as possible, furnish to recognized public or private
1540universities and senior colleges within the state, to state or
1541county governmental agencies, and to recognized political party
1542committees statistical information for the purpose of analyzing
1543election returns and results.
1544     (b)  The department and any supervisor Supervisors may
1545require reimbursement for any part or all of the actual expenses
1546of supplying any information requested under paragraph (a). For
1547the purposes of this subsection, the department and supervisors
1548may use the services of any research and statistical personnel
1549that may be supplied.
1550     (c)  Lists of names submitted to the department and any
1551supervisor of the respective counties supervisors for indication
1552of registration or nonregistration or of party affiliation shall
1553be processed at any time at cost, except that in no case shall
1554the charge exceed 10 cents for each name on which the
1555information is furnished.
1556     (2)  The supervisors shall provide information as requested
1557by the department for program evaluation and reporting to the
1558Federal Election Assistance Commission pursuant to federal law
1559the National Voter Registration Act of 1993.
1560     Section 27.  Section 98.461, Florida Statutes, is amended
1561to read:
1562     98.461  Registration application form, precinct register;
1563contents.--
1564     (1)  A registration application form, approved by the
1565Department of State, containing the information required in s.
156697.052 shall be retained by the voter registration official
1567receiving the application filed alphabetically in the office of
1568the supervisor as the master list of electors of the county.
1569However, the registration application forms may be microfilmed
1570and such microfilm microfilms substituted for the original
1571registration application forms; or, when voter registration
1572information, including the voter's signature, is maintained
1573digitally or on electronic, magnetic, or optic media, such
1574stored information may be substituted for the original
1575registration application form. Such microfilms or stored
1576information shall be retained in the custody of the voter
1577registration official receiving the applications supervisor of
1578elections. In the event the original registration applications
1579forms are microfilmed or maintained digitally or on electronic
1580or other media, such originals may be destroyed in accordance
1581with the schedule approved by the Bureau of Archives and Records
1582Management of the Division of Library and Information Services
1583of the Department of State. As an alternative, the information
1584from the registration form, including the signature, may be
1585electronically reproduced and stored as provided in s. 98.451.
1586     (2)  A computer printout or electronic database shall be
1587used at the polls as a precinct register in lieu of the
1588registration books. The precinct register shall contain the date
1589of the election, the precinct number, and the following
1590information concerning each registered elector: last name, first
1591name, and middle name or initial, and suffix; party affiliation;
1592residence address; registration number; date of birth; sex, if
1593provided; race, if provided; whether the voter needs assistance
1594in voting; and such other additional information as to readily
1595identify the elector. The precinct register shall also contain a
1596space for the elector's signature and a space for the initials
1597of the witnessing clerk or inspector or an electronic device may
1598be provided for this purpose.
1599     Section 28.  Effective January 1, 2007, section 100.371,
1600Florida Statutes, is amended to read:
1601     100.371  Initiatives; procedure for placement on ballot.--
1602     (1)  Constitutional amendments proposed by initiative shall
1603be placed on the ballot for the general election provided the
1604initiative has been filed with occurring in excess of 90 days
1605from the certification of ballot position by the Secretary of
1606State no later than February 1 of the year the general election
1607is held. A petition shall be deemed to be filed with the
1608Secretary of State upon the date the secretary determines that
1609the petition has been signed by the constitutionally required
1610number of electors.
1611     (2)  Such certification shall be issued when the Secretary
1612of State has received verification certificates from the
1613supervisors of elections indicating that the requisite number
1614and distribution of valid signatures of electors have been
1615submitted to and verified by the supervisors. Every signature
1616shall be dated when made and shall be valid for a period of 4
1617years following such date, provided all other requirements of
1618law are complied with.
1619     (2)(3)  The sponsor of an initiative amendment shall, prior
1620to obtaining any signatures, register as a political committee
1621pursuant to s. 106.03 and submit the text of the proposed
1622amendment to the Secretary of State, with the form on which the
1623signatures will be affixed, and shall obtain the approval of the
1624Secretary of State of such form. The Secretary of State shall
1625promulgate rules pursuant to s. 120.54 prescribing the style and
1626requirements of such form.
1627     (3)(4)  Each signature shall be dated when made and shall
1628be valid for a period of 4 years following such date, provided
1629all other requirements of law are met. The sponsor shall submit
1630signed and dated forms to the appropriate supervisor of
1631elections for verification as to the number of registered
1632electors whose valid signatures appear thereon. The supervisor
1633shall promptly verify the signatures upon payment of the fee
1634required by s. 99.097. The supervisor shall promptly record each
1635valid signature in the statewide voter registration system in
1636the manner prescribed by the Secretary of State. Upon completion
1637of verification, the supervisor shall execute a certificate
1638indicating the total number of signatures checked, the number of
1639signatures verified as valid and as being of registered
1640electors, and the distribution by congressional district. This
1641certificate shall be immediately transmitted to the Secretary of
1642State. The supervisor shall retain the signature forms for at
1643least 1 year following the election in which the issue appeared
1644on the ballot or until the Division of Elections notifies the
1645supervisors of elections that the committee which circulated the
1646petition is no longer seeking to obtain ballot position.
1647     (4)(5)  The Secretary of State shall determine from the
1648signatures verified by the verification certificates received
1649from supervisors of elections and recorded in the statewide
1650voter registration system the total number of verified valid
1651signatures and the distribution of such signatures by
1652congressional districts. Upon a determination that the requisite
1653number and distribution of valid signatures have been obtained,
1654the secretary shall issue a certificate of ballot position for
1655that proposed amendment and shall assign a designating number
1656pursuant to s. 101.161. A petition shall be deemed to be filed
1657with the Secretary of State upon the date of the receipt by the
1658secretary of a certificate or certificates from supervisors of
1659elections indicating the petition has been signed by the
1660constitutionally required number of electors.
1661     (5)(6)(a)  Within 45 days after receipt of a proposed
1662revision or amendment to the State Constitution by initiative
1663petition from the Secretary of State or, within 30 days after
1664such receipt if receipt occurs 120 days or less before the
1665election at which the question of ratifying the amendment will
1666be presented, the Financial Impact Estimating Conference shall
1667complete an analysis and financial impact statement to be placed
1668on the ballot of the estimated increase or decrease in any
1669revenues or costs to state or local governments resulting from
1670the proposed initiative. The Financial Impact Estimating
1671Conference shall submit the financial impact statement to the
1672Attorney General and Secretary of State.
1673     (b)1.  The Financial Impact Estimating Conference shall
1674provide an opportunity for any proponents or opponents of the
1675initiative to submit information and may solicit information or
1676analysis from any other entities or agencies, including the
1677Office of Economic and Demographic Research. All meetings of the
1678Financial Impact Estimating Conference shall be open to the
1679public as provided in chapter 286.
1680     2.  The Financial Impact Estimating Conference is
1681established to review, analyze, and estimate the financial
1682impact of amendments to or revisions of the State Constitution
1683proposed by initiative. The Financial Impact Estimating
1684Conference shall consist of four principals: one person from the
1685Executive Office of the Governor; the coordinator of the Office
1686of Economic and Demographic Research, or his or her designee;
1687one person from the professional staff of the Senate; and one
1688person from the professional staff of the House of
1689Representatives. Each principal shall have appropriate fiscal
1690expertise in the subject matter of the initiative. A Financial
1691Impact Estimating Conference may be appointed for each
1692initiative.
1693     3.  Principals of the Financial Impact Estimating
1694Conference shall reach a consensus or majority concurrence on a
1695clear and unambiguous financial impact statement, no more than
169675 words in length, and immediately submit the statement to the
1697Attorney General. Nothing in this subsection prohibits the
1698Financial Impact Estimating Conference from setting forth a
1699range of potential impacts in the financial impact statement.
1700Any financial impact statement that a court finds not to be in
1701accordance with this section shall be remanded solely to the
1702Financial Impact Estimating Conference for redrafting. The
1703Financial Impact Estimating Conference shall redraft the
1704financial impact statement within 15 days.
1705     4.  If the members of the Financial Impact Estimating
1706Conference are unable to agree on the statement required by this
1707subsection, or if the Supreme Court has rejected the initial
1708submission by the Financial Impact Estimating Conference and no
1709redraft has been approved by the Supreme Court by 5 p.m. on the
171075th day before the election, the following statement shall
1711appear on the ballot pursuant to s. 101.161(1): "The financial
1712impact of this measure, if any, cannot be reasonably determined
1713at this time."
1714     (c)  The financial impact statement must be separately
1715contained and be set forth after the ballot summary as required
1716in s. 101.161(1).
1717     (d)1.  Any financial impact statement that the Supreme
1718Court finds not to be in accordance with this subsection shall
1719be remanded solely to the Financial Impact Estimating Conference
1720for redrafting, provided the court's advisory opinion is
1721rendered at least 75 days before the election at which the
1722question of ratifying the amendment will be presented. The
1723Financial Impact Estimating Conference shall prepare and adopt a
1724revised financial impact statement no later than 5 p.m. on the
172515th day after the date of the court's opinion.
1726     2.  If, by 5 p.m. on the 75th day before the election, the
1727Supreme Court has not issued an advisory opinion on the initial
1728financial impact statement prepared by the Financial Impact
1729Estimating Conference for an initiative amendment that otherwise
1730meets the legal requirements for ballot placement, the financial
1731impact statement shall be deemed approved for placement on the
1732ballot.
1733     3.  In addition to the financial impact statement required
1734by this subsection, the Financial Impact Estimating Conference
1735shall draft an initiative financial information statement. The
1736initiative financial information statement should describe in
1737greater detail than the financial impact statement any projected
1738increase or decrease in revenues or costs that the state or
1739local governments would likely experience if the ballot measure
1740were approved. If appropriate, the initiative financial
1741information statement may include both estimated dollar amounts
1742and a description placing the estimated dollar amounts into
1743context. The initiative financial information statement must
1744include both a summary of not more than 500 words and additional
1745detailed information that includes the assumptions that were
1746made to develop the financial impacts, workpapers, and any other
1747information deemed relevant by the Financial Impact Estimating
1748Conference.
1749     4.  The Department of State shall have printed, and shall
1750furnish to each supervisor of elections, a copy of the summary
1751from the initiative financial information statements. The
1752supervisors shall have the summary from the initiative financial
1753information statements available at each polling place and at
1754the main office of the supervisor of elections upon request.
1755     5.  The Secretary of State and the Office of Economic and
1756Demographic Research shall make available on the Internet each
1757initiative financial information statement in its entirety. In
1758addition, each supervisor of elections whose office has a
1759website shall post the summary from each initiative financial
1760information statement on the website. Each supervisor shall
1761include the Internet addresses for the information statements on
1762the Secretary of State's and the Office of Economic and
1763Demographic Research's websites in the publication or mailing
1764required by s. 101.20.
1765     (6)(7)  The Department of State may adopt rules in
1766accordance with s. 120.54 to carry out the provisions of
1767subsections (1)-(5)(6).
1768     Section 29.  Subsection (3) of section 101.001, Florida
1769Statutes, is amended to read:
1770     101.001  Precincts and polling places; boundaries.--
1771     (3)  Each supervisor of elections shall maintain a suitable
1772map drawn to a scale no smaller than 3 miles to the inch and
1773clearly delineating all major observable features such as roads,
1774streams, and railway lines and showing the current geographical
1775boundaries of each precinct, representative district, and
1776senatorial district, and other type of district in the county
1777subject to the elections process in this code. On maps of new
1778precincts, a delineation of area shall also be included for each
1779precinct employing the official census county divisions, tracts,
1780block numbering areas, block groups, and blocks used by the
1781United States Department of Commerce, Bureau of the Census, and
1782adopted by the state for the delineation of representative
1783districts pursuant to s. 10.00001. The supervisor of elections
1784shall notify the Secretary of State in writing within 30 days
1785after of any new reorganization of precincts and shall furnish a
1786copy of the map showing the current geographical boundaries and
1787designation of each new precinct and a delineation of the census
1788blocks included in each precinct.
1789     Section 30.  Subsections (1) and (3) of section 101.043,
1790Florida Statutes, are amended to read:
1791     101.043  Identification required at polls.--
1792     (1)  The precinct register, as prescribed in s. 98.461,
1793shall be used at the polls in lieu of the registration books for
1794the purpose of identifying the elector at the polls prior to
1795allowing him or her to vote. The clerk or inspector shall
1796require each elector, upon entering the polling place, to
1797present one of the following a current and valid picture
1798identifications:
1799     (a)  Florida driver's license.
1800     (b)  Florida identification card issued by the Department
1801of Highway Safety and Motor Vehicles.
1802     (c)  United States passport.
1803     (d)  Employee badge or identification.
1804     (e)  Buyer's club identification.
1805     (f)  Debit or credit card.
1806     (g)  Military identification.
1807     (h)  Student identification.
1808     (i)  Retirement center identification.
1809     (j)  Neighborhood association identification.
1810     (k)  Entertainment identification.
1811     (l)  Public assistance identification as provided in s.
181297.0535(3)(a).
1813
1814If the picture identification does not contain the signature of
1815the voter, an additional identification that provides the
1816voter's signature shall be required. The elector shall sign his
1817or her name in the space provided on the precinct register or on
1818an electronic device provided for recording the voter's
1819signature., and The clerk or inspector shall compare the
1820signature with that on the identification provided by the
1821elector and enter his or her initials in the space provided on
1822the precinct register or on an electronic device provided for
1823that purpose and allow the elector to vote if the clerk or
1824inspector is satisfied as to the identity of the elector.
1825     (3)  If the elector who fails to furnish the required
1826identification is an elector subject to s. 97.0535 a first-time
1827voter who registered by mail and has not provided the required
1828identification to a voter registration official the supervisor
1829of elections prior to election day, the elector shall be allowed
1830to vote a provisional ballot. The canvassing board shall
1831determine the validity of the ballot pursuant to s. 101.048(2).
1832     Section 31.  Subsections (2) and (3) of section 101.045,
1833Florida Statutes, are amended to read:
1834     101.045  Electors must be registered in precinct;
1835provisions for residence or name change.--
1836     (2)(a)  An elector who moves from the precinct within the
1837county in which the elector is registered may be permitted to
1838vote in the precinct to which he or she has moved his or her
1839legal residence, provided such elector completes an affirmation
1840in substantially the following form:
1841
1842
Change of Legal Residence of Registered
1843
Voter
1844
1845Under penalties for false swearing, I,   (Name of voter)  ,
1846swear (or affirm) that the former address of my legal residence
1847was   (Address of legal residence)   in the municipality of
1848_____, in _____ County, Florida, and I was registered to vote in
1849the _____ precinct of _____ County, Florida; that I have not
1850voted in the precinct of my former registration in this
1851election; that I now reside at   (Address of legal residence)  
1852in the Municipality of _____, in _____ County, Florida, and am
1853therefore eligible to vote in the _____ precinct of _____
1854County, Florida; and I further swear (or affirm) that I am
1855otherwise legally registered and entitled to vote.
1856
1857  (Signature of voter whose address of legal residence has
1858changed)
1859
1860     (b)  An elector whose name changes because of marriage or
1861other legal process may be permitted to vote, provided such
1862elector completes an affirmation in substantially the following
1863form:
1864
1865
Change of Name of Registered
1866
Voter
1867
1868Under penalties for false swearing, I,   (New name of voter)  ,
1869swear (or affirm) that my name has been changed because of
1870marriage or other legal process. My former name and address of
1871legal residence appear on the registration records books of
1872precinct _____ as follows:
1873Name
1874Address
1875Municipality
1876County
1877Florida, Zip
1878My present name and address of legal residence are as follows:
1879Name
1880Address
1881Municipality
1882County
1883Florida, Zip
1884and I further swear (or affirm) that I am otherwise legally
1885registered and entitled to vote.
1886
1887  (Signature of voter whose name has changed)
1888
1889     (c)  Such affirmation, when completed and presented at the
1890precinct in which such elector is entitled to vote, and upon
1891verification of the elector's registration, shall entitle such
1892elector to vote as provided in this subsection. If the elector's
1893eligibility to vote cannot be determined, he or she shall be
1894entitled to vote a provisional ballot, subject to the
1895requirements and procedures in s. 101.048. Upon receipt of an
1896affirmation certifying a change in address of legal residence or
1897name, the supervisor shall as soon as practicable make the
1898necessary changes in the statewide voter registration system
1899records of the county to indicate the change in address of legal
1900residence or name of such elector.
1901     (d)  Instead of the affirmation contained in paragraph (a)
1902or paragraph (b), an elector may complete a voter registration
1903application that indicates the change of name or change of
1904address of legal residence.
1905     (e)  A request for an absentee ballot pursuant to s. 101.62
1906which indicates that the elector has had a change of address of
1907legal residence from that in the supervisor's records shall be
1908sufficient as the notice to the supervisor of change of address
1909of legal residence required by this section. Upon receipt of
1910such request for an absentee ballot from an elector who has
1911changed his or her address of legal residence, the supervisor
1912shall provide the elector with the proper ballot for the
1913precinct in which the elector then has his or her legal
1914residence.
1915     (3)  When an elector's name does not appear on the
1916registration books of the election precinct in which the elector
1917is registered, the elector may have his or her name restored if
1918the supervisor is otherwise satisfied that the elector is
1919validly registered, that the elector's name has been erroneously
1920omitted from the books, and that the elector is entitled to have
1921his or her name restored. The supervisor, if he or she is
1922satisfied as to the elector's previous registration, shall allow
1923such person to vote and shall thereafter issue a duplicate
1924registration identification card.
1925     Section 32.  Subsection (1) of section 101.048, Florida
1926Statutes, is amended to read:
1927     101.048  Provisional ballots.--
1928     (1)  At all elections, a voter claiming to be properly
1929registered in the state county and eligible to vote at the
1930precinct in the election, but whose eligibility cannot be
1931determined, and other persons specified in the code shall be
1932entitled to vote a provisional ballot. Once voted, the
1933provisional ballot shall be placed in a secrecy envelope and
1934thereafter sealed in a provisional ballot envelope. The
1935provisional ballot shall be deposited in a ballot box. All
1936provisional ballots shall remain sealed in their envelopes for
1937return to the supervisor of elections. The department shall
1938prescribe the form of the provisional ballot envelope.
1939     Section 33.  Subsection (1) of section 101.161, Florida
1940Statutes, is amended to read:
1941     101.161  Referenda; ballots.--
1942     (1)  Whenever a constitutional amendment or other public
1943measure is submitted to the vote of the people, the substance of
1944such amendment or other public measure shall be printed in clear
1945and unambiguous language on the ballot after the list of
1946candidates, followed by the word "yes" and also by the word
1947"no," and shall be styled in such a manner that a "yes" vote
1948will indicate approval of the proposal and a "no" vote will
1949indicate rejection. The wording of the substance of the
1950amendment or other public measure and the ballot title to appear
1951on the ballot shall be embodied in the joint resolution,
1952constitutional revision commission proposal, constitutional
1953convention proposal, taxation and budget reform commission
1954proposal, or enabling resolution or ordinance. Except for
1955amendments and ballot language proposed by joint resolution, the
1956substance of the amendment or other public measure shall be an
1957explanatory statement, not exceeding 75 words in length, of the
1958chief purpose of the measure. In addition, for every amendment
1959proposed by initiative, the ballot shall include, following the
1960ballot summary, a separate financial impact statement concerning
1961the measure prepared by the Financial Impact Estimating
1962Conference in accordance with s. 100.371(5)(6). The ballot title
1963shall consist of a caption, not exceeding 15 words in length, by
1964which the measure is commonly referred to or spoken of.
1965     Section 34.  Subsection (1) of section 101.5608, Florida
1966Statutes, is amended to read:
1967     101.5608  Voting by electronic or electromechanical method;
1968procedures.--
1969     (1)  Each elector desiring to vote shall be identified to
1970the clerk or inspector of the election as a duly qualified
1971elector of such election and shall sign his or her name on the
1972in ink or indelible pencil to an identification blank, signature
1973slip, precinct register, or other form or device provided by the
1974supervisor ballot stub on which the ballot serial number may be
1975recorded. The inspector shall compare the signature with the
1976signature on the identification provided by the elector. If the
1977inspector is reasonably sure that the person is entitled to
1978vote, the inspector shall provide the person with a ballot.
1979     Section 35.  Paragraph (a) of subsection (4) of section
1980101.62, Florida Statutes, is amended to read:
1981     101.62  Request for absentee ballots.--
1982     (4)(a)  To each absent qualified elector overseas who has
1983requested an absentee ballot, the supervisor of elections shall,
1984not fewer than 35 days before the first primary election, mail
1985an absentee ballot. Not fewer than 45 days before the second
1986primary and general election, the supervisor of elections shall
1987mail an advance absentee ballot to those persons requesting
1988ballots for such elections. The advance absentee ballot for the
1989second primary shall be the same as the first primary absentee
1990ballot as to the names of candidates, except that for any
1991offices where there are only two candidates, those offices and
1992all political party executive committee offices shall be
1993omitted. Except as provided in ss. 99.063(4) and 100.371(5)(6),
1994the advance absentee ballot for the general election shall be as
1995specified in s. 101.151, except that in the case of candidates
1996of political parties where nominations were not made in the
1997first primary, the names of the candidates placing first and
1998second in the first primary election shall be printed on the
1999advance absentee ballot. The advance absentee ballot or advance
2000absentee ballot information booklet shall be of a different
2001color for each election and also a different color from the
2002absentee ballots for the first primary, second primary, and
2003general election. The supervisor shall mail an advance absentee
2004ballot for the second primary and general election to each
2005qualified absent elector for whom a request is received until
2006the absentee ballots are printed. The supervisor shall enclose
2007with the advance second primary absentee ballot and advance
2008general election absentee ballot an explanation stating that the
2009absentee ballot for the election will be mailed as soon as it is
2010printed; and, if both the advance absentee ballot and the
2011absentee ballot for the election are returned in time to be
2012counted, only the absentee ballot will be counted. The
2013Department of State may prescribe by rule the requirements for
2014preparing and mailing absentee ballots to absent qualified
2015electors overseas.
2016     Section 36.  Section 101.663, Florida Statutes, is amended
2017to read:
2018     101.663  Electors; change of residence to another state.--
2019     (1)  An elector who changes his or her residence to another
2020county in Florida from the county in Florida in which he or she
2021is registered as an elector after the books in the county to
2022which the elector has changed his or her residence are closed
2023for any general, primary, or special election shall be permitted
2024to vote absentee in the county of his or her former residence in
2025that election for President and Vice President, United States
2026Senator, statewide offices, and statewide issues. Such person
2027shall not be permitted to vote in the county of the person's
2028former residence after the general election.
2029     (2)  An elector registered in this state who moves his or
2030her permanent residence to another state and who is prohibited
2031by the laws of that state from voting for the offices of
2032President and Vice President of the United States shall be
2033permitted to vote absentee in the county of his or her former
2034residence for those offices.
2035     Section 37.  Subsection (1) of section 101.6921, Florida
2036Statutes, is amended to read:
2037     101.6921  Delivery of special absentee ballot to certain
2038first-time voters.--
2039     (1)  The provisions of this section apply to voters who are
2040subject to the provisions of s. 97.0535 registered to vote by
2041mail, who have not previously voted in the county, and who have
2042not provided the identification or certification required by s.
204397.0535 by the time the absentee ballot is mailed.
2044     Section 38.  Section 101.6923, Florida Statutes, is amended
2045to read:
2046     101.6923  Special absentee ballot instructions for certain
2047first-time voters.--
2048     (1)  The provisions of this section apply to voters who are
2049subject to the provisions of s. 97.0535 registered to vote by
2050mail, who have not previously voted in the county, and who have
2051not provided the identification or information required by s.
205297.0535 by the time the absentee ballot is mailed.
2053     (2)  A voter covered by this section shall be provided with
2054the following printed instructions with his or her absentee
2055ballot in substantially the following form:
2056
2057READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
2058BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
2059YOUR BALLOT NOT TO COUNT.
2060
2061     1.  In order to ensure that your absentee ballot will be
2062counted, it should be completed and returned as soon as possible
2063so that it can reach the supervisor of elections of the county
2064in which your precinct is located no later than 7 p.m. on the
2065date of the election.
2066     2.  Mark your ballot in secret as instructed on the ballot.
2067You must mark your own ballot unless you are unable to do so
2068because of blindness, disability, or inability to read or write.
2069     3.  Mark only the number of candidates or issue choices for
2070a race as indicated on the ballot. If you are allowed to "Vote
2071for One" candidate and you vote for more than one, your vote in
2072that race will not be counted.
2073     4.  Place your marked ballot in the enclosed secrecy
2074envelope and seal the envelope.
2075     5.  Insert the secrecy envelope into the enclosed envelope
2076bearing the Voter's Certificate. Seal the envelope and
2077completely fill out the Voter's Certificate on the back of the
2078envelope.
2079     a.  You must sign your name on the line above (Voter's
2080Signature).
2081     b.  If you are an overseas voter, you must include the date
2082you signed the Voter's Certificate on the line above (Date) or
2083your ballot may not be counted.
2084     6.  Unless you meet one of the exemptions in Item 7., you
2085must make a copy of one of the following forms of
2086identification:
2087     a.  Identification which must include your name and
2088photograph: current and valid Florida driver's license; Florida
2089identification card issued by the Department of Highway Safety
2090and Motor Vehicles; United States passport; employee badge or
2091identification; buyer's club identification card; debit or
2092credit card; military identification; student identification;
2093retirement center identification; neighborhood association
2094identification; entertainment identification; or public
2095assistance identification; or
2096     b.  Identification which shows your name and current
2097residence address: current utility bill, bank statement,
2098government check, paycheck, or government document (excluding
2099voter identification card).
2100     7.  The identification requirements of Item 6. do not apply
2101if you meet one of the following requirements:
2102     a.  You are 65 years of age or older.
2103     b.  You have a temporary or permanent physical disability.
2104     c.  You are a member of a uniformed service on active duty
2105who, by reason of such active duty, will be absent from the
2106county on election day.
2107     d.  You are a member of the Merchant Marine who, by reason
2108of service in the Merchant Marine, will be absent from the
2109county on election day.
2110     e.  You are the spouse or dependent of a member referred to
2111in paragraph c. or paragraph d. who, by reason of the active
2112duty or service of the member, will be absent from the county on
2113election day.
2114     f.  You are currently residing outside the United States.
2115     8.  Place the envelope bearing the Voter's Certificate into
2116the mailing envelope addressed to the supervisor. Insert a copy
2117of your identification in the mailing envelope. DO NOT PUT YOUR
2118IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2119INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2120BALLOT WILL NOT COUNT.
2121     9.  Mail, deliver, or have delivered the completed mailing
2122envelope. Be sure there is sufficient postage if mailed.
2123     10.  FELONY NOTICE. It is a felony under Florida law to
2124accept any gift, payment, or gratuity in exchange for your vote
2125for a candidate. It is also a felony under Florida law to vote
2126in an election using a false identity or false address, or under
2127any other circumstances making your ballot false or fraudulent.
2128     Section 39.  Subsection (3) of section 102.012, Florida
2129Statutes, is amended to read:
2130     102.012  Inspectors and clerks to conduct elections.--
2131     (3)  The supervisor shall furnish inspectors of election
2132for each precinct with the list of registered electors for that
2133precinct registration books divided alphabetically as will best
2134facilitate the holding of an election. The supervisor shall also
2135furnish to the inspectors of election at the polling place at
2136each precinct in the supervisor's county a sufficient number of
2137forms and blanks for use on election day.
2138     Section 40.  Section 102.151, Florida Statutes, is amended
2139to read:
2140     102.151  County canvassing board to issue certificates;
2141supervisor to give notice to Department of State.--
2142     (1)  The county canvassing board shall make and sign
2143duplicate certificates containing the total number of votes cast
2144for each person nominated or elected, the names of persons for
2145whom such votes were cast, and the number of votes cast for each
2146candidate or nominee. One of such certificates which relates to
2147offices for which the candidates or nominees have been voted for
2148in more than one county shall be immediately transmitted to the
2149Department of State, and the second copy filed in the
2150supervisor's office. The supervisor shall transmit to the
2151Department of State, immediately after the county canvassing
2152board has canvassed the returns of the election, a list
2153containing the names of all county and district officers
2154nominated or elected, the office for which each was nominated or
2155elected, and the mailing address of each.
2156     (2)  The county canvassing board shall record and transmit
2157to the Department of State by electronically readable means the
2158total number of votes cast for each person nominated or elected,
2159the names of persons for whom such votes were cast, the number
2160of votes cast for each candidate or nominee, and the number of
2161people not voting for any candidate. This information shall give
2162the total numbers by precinct and specify whether votes were
2163cast at the poll, by absentee ballot, or by early voting. In the
2164event that less than 10 electors are recorded to have voted for
2165any person nominated or elected by any method of voting in a
2166precinct, the numbers of votes for each candidate for that
2167precinct shall be combined with an adjoining precinct to
2168preserve the secrecy of the ballot.
2169     Section 41.  Subsections (1), (2), and (3) of section
2170104.013, Florida Statutes, are amended to read:
2171     104.013  Unauthorized use, possession, or destruction of
2172voter information registration identification card.--
2173     (1)  It is unlawful for any person knowingly to have in his
2174or her possession any blank, forged, stolen, fictitious,
2175counterfeit, or unlawfully issued voter information registration
2176identification card unless possession by such person has been
2177duly authorized by the supervisor.
2178     (2)  It is unlawful for any person to barter, trade, sell,
2179or give away a voter information registration identification
2180card unless said person has been duly authorized to issue a
2181voter information registration identification card.
2182     (3)  It is unlawful for any person willfully to destroy or
2183deface the information registration identification card of a
2184duly registered voter.
2185     Section 42.  Subsection (5) is added to section 104.051,
2186Florida Statutes, to read:
2187     104.051  Violations; neglect of duty; corrupt practices.--
2188     (5)(a)  Any supervisor or member of a county canvassing
2189board who willfully fails to follow a binding directive issued
2190pursuant to s. 97.012 shall be subject to a civil penalty of up
2191to $1,000 per violation, which fine shall be paid out of the
2192personal funds of the supervisor or member of the county
2193canvassing board. Only the Secretary of State may file a
2194complaint to the Florida Elections Commission alleging willful
2195failure to follow a binding directive.
2196     (b)  A member of a canvassing board shall not be liable for
2197a civil penalty under this section if the member was not on the
2198prevailing side of a vote of the canvassing board that is
2199contrary to a binding directive.
2200     (c)  The Senate in its discretion may review and modify any
2201civil penalty imposed by the Florida Elections Commission for
2202failure to follow a binding directive during the next regular
2203legislative session occurring within 1 year after the date that
2204the penalty was imposed.
2205     Section 43.  Paragraph (d) is added to subsection (15) of
2206section 120.52, Florida Statutes, to read:
2207     120.52  Definitions.--As used in this act:
2208     (15)  "Rule" means each agency statement of general
2209applicability that implements, interprets, or prescribes law or
2210policy or describes the procedure or practice requirements of an
2211agency and includes any form which imposes any requirement or
2212solicits any information not specifically required by statute or
2213by an existing rule. The term also includes the amendment or
2214repeal of a rule. The term does not include:
2215     (d)  Advisory opinions issued by the Department of State
2216pursuant to s. 106.23(2) and directives issued by the Secretary
2217of State pursuant to s. 97.012(1).
2218     Section 44.  Section 196.141, Florida Statutes, is amended
2219to read:
2220     196.141  Homestead exemptions; duty of property
2221appraiser.--
2222     (1)  The property appraiser shall examine each claim for
2223exemption filed with or referred to him or her and shall allow
2224the same, if found to be in accordance with law, by marking the
2225same approved and by making the proper deductions on the tax
2226books.
2227     (2)  The property appraiser shall examine each referral, of
2228a person registering to vote at an address different from the
2229one where the person has filed for a homestead exemption, which
2230has been provided by a supervisor of elections pursuant to s.
223198.015. The property appraiser shall initiate procedures to
2232terminate a person's homestead exemption and assess back taxes,
2233if appropriate, if the person claiming such exemption is not
2234entitled to the exemption under law.
2235     Section 45.  Sections 98.055, 98.095, 98.0977, 98.0979,
223698.101, 98.181, 98.231, 98.451, 98.481, and 101.635, Florida
2237Statutes, are repealed.
2238     Section 46.  Except as otherwise provided herein, this act
2239shall take effect January 1, 2006.


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