HB 1589CS

CHAMBER ACTION




1The Ethics & Elections Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to elections; amending s. 97.012, F.S.;
7authorizing the Secretary of State to delegate voter
8registration and records maintenance duties to voter
9registration officials; amending s. 97.021, F.S.; revising
10and providing definitions; amending s. 97.026, F.S.;
11correcting a cross reference; amending s. 97.051, F.S.;
12revising the oath taken by a person registering to vote;
13amending s. 97.052, F.S.; requiring the uniform statewide
14voter registration application be accepted for replacement
15of a voter information card and signature update; revising
16the information the uniform statewide voter registration
17application must contain and must elicit from the
18applicant; amending s. 97.053, F.S.; revising the criteria
19for completeness of a voter registration application;
20specifying the possible valid recipients of a mailed voter
21registration application; revising the information needed
22on a voter registration application to establish an
23applicant's eligibility; providing for verification of
24authenticity of certain voter registration application
25information; providing for a provisional ballot to be
26provided to an applicant if the application is not
27verified by a certain date; requiring a voter registration
28official to enter all voter registration applications into
29the voter registration system within a certain time period
30and forward such applications to the supervisor of
31elections; amending s. 97.0535, F.S.; providing for
32applicants who have no valid Florida driver's license,
33identification card, or social security number; amending
34s. 97.055, F.S.; specifying the information updates
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;
44revising the required contents of the card; amending s.
4597.073, F.S.; revising the procedure by which an applicant
46must supply missing information on the voter registration
47application; revising provisions relating to cancellation
48of previous registration; amending s. 97.1031, F.S.;
49revising provisions relating to notice of change of
50residence, name, or party affiliation; amending s. 97.105,
51F.S., relating to establishment of the permanent single
52registration system, to conform; amending s. 98.015, F.S.;
53revising the duties of supervisors of elections; creating
54s. 98.035, F.S.; establishing a statewide voter
55registration system; requiring the Secretary of State to
56be responsible for the implementation, operation, and
57maintenance of the system; prohibiting the department from
58contracting with any other entity to operate the system;
59authorizing the department to adopt rules relating to the
60access, use, and operation of the system; amending s.
6198.045, F.S.; revising provisions relating to
62administration of voter registration; providing for the
63responsibility of such administration to be undertaken by
64the department in lieu of supervisors of elections;
65specifying ineligibility criteria; revising provisions
66relating to removal of registered voters; revising
67provisions relating to public records access and
68retention; providing for the establishment of a statewide
69electronic database of valid residential street addresses;
70authorizing the department to adopt rules relating to
71certain voter registration system forms; amending s.
7298.065, F.S.; revising provisions relating to registration
73records maintenance; providing for change of address;
74providing limitations on notice and renewal; requiring
75supervisors of elections to certify to the department
76certain list maintenance activities; providing penalties;
77amending s. 98.075, F.S.; providing for registration
78records maintenance by the department; providing for
79duplicate registration; providing for deceased persons;
80providing for adjudication of mental incapacity; providing
81for felony conviction; providing for other bases for
82ineligibility; providing procedures for removal; requiring
83supervisors of elections to certify to the department
84certain registration records maintenance activities;
85creating s. 98.0755, F.S.; providing for appeal of a
86determination of ineligibility; providing for
87jurisdiction, burden of proof, and trial costs; amending
88s. 98.077, F.S.; revising provisions relating to updating
89a voter's signature; amending s. 98.081, F.S., relating to
90removal of names from the statewide voter registration
91system, to conform; amending s. 98.093, F.S.; revising the
92duty of officials to furnish lists of deceased persons,
93persons adjudicated mentally incapacitated, and persons
94convicted of a felony; creating s. 98.0981, F.S.;
95requiring the department to establish and maintain a
96statewide voter registration database and provide such
97database to the Legislature; specifying the required
98contents of the database; amending s. 98.212, F.S.,
99relating to furnishing of statistical and other
100information, to conform; amending s. 98.461, F.S;
101authorizing use of an electronic database as a precinct
102register and use of an electronic device for voter
103signatures and witness initials; amending s. 100.371,
104F.S.; revising the procedure by which constitutional
105amendments proposed by initiative shall be placed on the
106ballot; amending s. 101.001, F.S.; providing requirements
107relating to maps of new precincts; revising procedural
108requirements of supervisors of elections relating to
109precincts and precinct maps; amending s. 101.043, F.S.;
110revising requirements and procedures relating to
111identification required at polls; amending s. 101.045,
112F.S., relating to provisions for residence or name change
113at the polls, to conform; amending s. 101.048, F.S.,
114relating to provisional ballots, to conform; amending s.
115101.161, F.S.; correcting a cross reference; amending s.
116101.56062, F.S., relating to standards for accessible
117voting systems, to conform;  amending s. 101.5608, F.S.;
118revising a provision relating to an elector's signature
119provided with identification prior to voting; amending s.
120101.5614, F.S.; providing for automatic tabulation of
121early voted ballots; including early voted ballots within
122the official return of an election; creating s. 101.573,
123F.S.; requiring supervisors of elections to file precinct-
124level election results; requiring the Department of State
125to adopt rules; amending s. 101.62, F.S.; correcting a
126cross reference; amending ss. 101.64 and 101.657, F.S.;
127requiring that the supervisor of elections indicate on
128each absentee or early voted ballot the precinct of the
129voter; amending s. 101.663, F.S., relating to change or
130residence, to conform; amending s. 101.6921, F.S.,
131relating to delivery of special absentee ballots to
132certain first-time voters, to conform; amending s.
133101.6923, F.S., relating to special absentee ballot
134instructions for certain first-time voters, to conform;
135amending s. 102.012, F.S., relating to conduct of
136elections by inspectors and clerks, to conform; amending
137s. 104.013, F.S., relating to unauthorized use,
138possession, or destruction of voter information cards, to
139conform; amending s. 106.23, F.S.; authorizing the
140Secretary of State to issue statements of interpretation
141on the election law in certain specified instances;
142providing for reconsideration and appeal of such
143statements; providing penalties for failure to comply with
144such statements; amending s. 196.141, F.S., relating to
145homestead exemptions and duties of property appraisers, to
146conform; repealing s. 98.055, F.S., relating to
147registration list maintenance forms; repealing s. 98.095,
148F.S., relating to county registers open to inspection and
149copies; repealing s. 98.0977, F.S., relating to the
150statewide voter registration database and its operation
151and maintenance; repealing s. 98.0979, F.S., relating to
152inspection of the statewide voter registration; repealing
153s. 98.101, F.S., relating to specifications for permanent
154registration binders, files, and forms; repealing s.
15598.181, F.S., relating to duty of the supervisor of
156elections to make up indexes or records; repealing s.
15798.231, F.S., relating to duty of the supervisor of
158elections to furnish the department the number of
159registered electors; repealing s. 98.451, F.S., relating
160to automation in processing registration data; repealing
161s. 98.481, F.S., relating to challenges to electors;
162repealing s. 101.635, F.S., relating to distribution of
163blocks of printed ballots; providing effective dates.
164
165Be It Enacted by the Legislature of the State of Florida:
166
167     Section 1.  Subsection (11) of section 97.012, Florida
168Statutes, is 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     (11)  Create and administer maintain a statewide voter
173registration system as required by the Help America Vote Act of
1742002 database. The secretary is authorized to delegate voter
175registration duties and records maintenance activities to voter
176registration officials. Any responsibilities delegated by the
177secretary shall be performed in accordance with state and
178federal law.
179     Section 2.  Subsection (13) of section 97.021, Florida
180Statutes, is amended, subsections (38) and (39) are renumbered
181as subsections (39) and (40), and a new subsection (38) is added
182to said section, to read:
183     97.021  Definitions.--For the purposes of this code, except
184where the context clearly indicates otherwise, the term:
185     (13)  "Lists of registered electors" means names and
186associated information copies of printed lists of registered
187electors maintained by the department in the statewide voter
188registration system or generated or derived from the statewide
189voter registration system. Lists may be produced in printed or
190electronic format, computer tapes or disks, or any other device
191used by the supervisor of elections to maintain voter records.
192     (38)  "Voter registration official" means any supervisor of
193elections or individual authorized by the Secretary of State to
194accept voter registration applications and execute updates to
195the statewide voter registration system.
196     Section 3.  Section 97.026, Florida Statutes, is amended to
197read:
198     97.026  Forms to be available in alternative formats and
199via the Internet.--It is the intent of the Legislature that all
200forms required to be used in chapters 97-106 shall be made
201available upon request, in alternative formats. Such forms shall
202include absentee ballots as alternative formats for such ballots
203become available and the Division of Elections is able to
204certify systems that provide them. Whenever possible, such
205forms, with the exception of absentee ballots, shall be made
206available by the Department of State via the Internet. Sections
207that contain such forms include, but are not limited to, ss.
20897.051, 97.052, 97.053, 97.057, 97.058, 97.0583, 97.071, 97.073,
20997.1031, 98.055, 98.075, 99.021, 100.361, 100.371, 101.045,
210101.171, 101.20, 101.6103, 101.62, 101.64, 101.65, 101.657,
211105.031, 106.023, and 106.087.
212     Section 4.  Section 97.051, Florida Statutes, is amended to
213read:
214     97.051  Oath upon registering.--A person registering to
215vote must subscribe to the following oath: "I do solemnly swear
216(or affirm) that I will protect and defend the Constitution of
217the United States and the Constitution of the State of Florida,
218that I am qualified to register as an elector under the
219Constitution and laws of the State of Florida, and that all
220information provided in this application is true I am a citizen
221of the United States and a legal resident of Florida."
222     Section 5.  Section 97.052, Florida Statutes, is amended to
223read:
224     97.052  Uniform statewide voter registration application.--
225     (1)  The department shall prescribe a uniform statewide
226voter registration application for use in this state.
227     (a)  The uniform statewide voter registration application
228must be accepted for any one or more of the following purposes:
229     1.  Initial registration.
230     2.  Change of address.
231     3.  Change of party affiliation.
232     4.  Change of name.
233     5.  Replacement of a voter information registration
234identification card.
235     6.  Signature update.
236     (b)  The department is responsible for printing the uniform
237statewide voter registration application and the voter
238registration application form prescribed by the Federal Election
239Assistance Commission pursuant to federal law the National Voter
240Registration Act of 1993. The applications and forms must be
241distributed, upon request, to the following:
242     1.  Individuals seeking to register to vote or update a
243voter registration record.
244     2.  Individuals or groups conducting voter registration
245programs. A charge of 1 cent per application shall be assessed
246on requests for 10,000 or more applications.
247     3.  The Department of Highway Safety and Motor Vehicles.
248     4.  Voter registration agencies.
249     5.  Armed forces recruitment offices.
250     6.  Qualifying educational institutions.
251     7.  Supervisors, who must make the applications and forms
252available in the following manner:
253     a.  By distributing the applications and forms in their
254offices to any individual or group.
255     b.  By distributing the applications and forms at other
256locations designated by each supervisor.
257     c.  By mailing the applications and forms to applicants
258upon the request of the applicant.
259     (c)  The uniform statewide voter registration application
260may be reproduced by any private individual or group, provided
261the reproduced application is in the same format as the
262application prescribed under this section.
263     (2)  The uniform statewide voter registration application
264must be designed to elicit the following information from the
265applicant:
266     (a)  Last, first, and middle Full name, including any
267suffix.
268     (b)  Date of birth.
269     (c)  Address of legal residence.
270     (d)  Mailing address, if different.
271     (e)  County of legal residence.
272     (f)  Address of property for which the applicant has been
273granted a homestead exemption, if any.
274     (f)(g)  Race or ethnicity that best describes the
275applicant:
276     1.  American Indian or Alaskan Native.
277     2.  Asian or Pacific Islander.
278     3.  Black, not Hispanic.
279     4.  White, not Hispanic.
280     5.  Hispanic.
281     (g)(h)  State or country of birth.
282     (h)(i)  Sex.
283     (i)(j)  Party affiliation.
284     (j)(k)  Whether the applicant needs assistance in voting.
285     (k)(l)  Name and address where last registered.
286     (l)(m)  Last four digits of the applicant's social security
287number.
288     (m)(n)  Florida driver's license number or the
289identification number from a Florida identification card issued
290under s. 322.051.
291     (n)  An indication, if applicable, that the applicant has
292not been issued a Florida driver's license, a Florida
293identification card, or a social security number.
294     (o)  Telephone number (optional).
295     (p)  Signature of applicant under penalty for false
296swearing pursuant to s. 104.011, by which the person subscribes
297to the oath required by s. 3, Art. VI of the State Constitution
298and s. 97.051, and swears or affirms that the information
299contained in the registration application is true.
300     (q)  Whether the application is being used for initial
301registration, to update a voter registration record, or to
302request a replacement voter information registration
303identification card.
304     (r)  Whether the applicant is a citizen of the United
305States by asking the question "Are you a citizen of the United
306States of America?" and providing boxes for the applicant to
307check to indicate whether the applicant is or is not a citizen
308of the United States.
309     (s)  Whether That the applicant has not been convicted of a
310felony, and or, if convicted, has had his or her civil rights
311restored by including the statement "I affirm I am not a
312convicted felon or, if I am, my rights relating to voting have
313been restored." and providing a box for the applicant to check
314to affirm the statement.
315     (t)  Whether That the applicant has not been adjudicated
316mentally incapacitated with respect to voting or, if so
317adjudicated, has had his or her right to vote restored by
318including the statement "I affirm I have not been adjudicated
319mentally incapacitated with respect to voting or, if I have, my
320competency has been restored." and providing a box for the
321applicant to check to affirm the statement.
322
323The registration application form must be in plain language and
324designed so that convicted felons whose civil rights have been
325restored and persons who have been adjudicated mentally
326incapacitated and have had their voting rights restored are not
327required to reveal their prior conviction or adjudication.
328     (3)  The uniform statewide voter registration application
329must also contain:
330     (a)  The oath required by s. 3, Art. VI of the State
331Constitution and s. 97.051.
332     (b)  A statement specifying each eligibility requirement
333under s. 97.041.
334     (c)  The penalties provided in s. 104.011 for false
335swearing in connection with voter registration.
336     (d)  A statement that, if an applicant declines to register
337to vote, the fact that the applicant has declined to register
338will remain confidential and may be used only for voter
339registration purposes.
340     (e)  A statement that informs the applicant who chooses to
341register to vote or update a voter registration record that the
342office at which the applicant submits a voter registration
343application or updates a voter registration record will remain
344confidential and may be used only for voter registration
345purposes.
346     (f)  A statement that informs the applicant that any person
347who has been granted a homestead exemption in this state, and
348who registers to vote in any precinct other than the one in
349which the property for which the homestead exemption has been
350granted, shall have that information forwarded to the property
351appraiser where such property is located, which may result in
352the person's homestead exemption being terminated and the person
353being subject to assessment of back taxes under s. 193.092,
354unless the homestead granted the exemption is being maintained
355as the permanent residence of a legal or natural dependent of
356the owner and the owner resides elsewhere.
357     (f)(g)  A statement informing an the applicant who has not
358been issued a Florida driver's license, a Florida identification
359card, or a social security number that if the application form
360is submitted by mail and the applicant is registering for the
361first time in this state, the applicant will be required to
362provide identification prior to voting the first time.
363     (4)  A supervisor may produce a voter registration
364application that has the supervisor's direct mailing address if
365the department has reviewed the application and determined that
366it is substantially the same as the uniform statewide voter
367registration application.
368     (5)  The voter registration application form prescribed by
369the Federal Election Assistance Commission pursuant to federal
370law the National Voter Registration Act of 1993 or the federal
371postcard application must be accepted as an application for
372registration in this state if the completed application or
373postcard application contains the information required by the
374constitution and laws of this state.
375     Section 6.  Section 97.053, Florida Statutes, is amended to
376read:
377     97.053  Acceptance of voter registration applications.--
378     (1)  Voter registration applications, changes in
379registration, and requests for a replacement voter information
380registration identification card must be accepted in the office
381of any supervisor, the division, a driver license office, a
382voter registration agency, or an armed forces recruitment office
383when hand delivered by the applicant or a third party during the
384hours that office is open or when mailed.
385     (2)  A completed voter registration application is complete
386and that contains the information necessary to establish an
387applicant's eligibility pursuant to s. 97.041 becomes the
388official voter registration record of that applicant when all
389information necessary to establish the applicant's eligibility
390pursuant to s. 97.041 is received by a voter registration
391official and verified pursuant to subsection (6) the appropriate
392supervisor. If the applicant fails to complete his or her voter
393registration application prior to the date of book closing for
394an election, then such applicant shall not be eligible to vote
395in that election.
396     (3)  The registration date for a valid initial voter
397registration application that has been hand delivered is the
398date that the application is when received by a driver license
399office, a voter registration agency, an armed forces recruitment
400office, the division, or the office of any supervisor in the
401state.
402     (4)  The registration date for a valid initial voter
403registration application that has been mailed to a driver
404license office, a voter registration agency, an armed forces
405recruitment office, the division, or the office of any
406supervisor in the state and bears a clear postmark is that the
407date of the postmark. If an initial voter registration
408application that has been mailed does not bear a postmark or if
409the postmark is unclear, the registration date is the date the
410application registration is received by any supervisor or the
411division, unless it is received within 5 days after the closing
412of the books for an election, excluding Saturdays, Sundays, and
413legal holidays, in which case the registration date is the book-
414closing date.
415     (5)(a)  A voter registration application is complete if it
416contains all information necessary to establish the applicant's
417eligibility pursuant to s. 97.041, including:
418     1.  The applicant's name.
419     2.  The applicant's legal residence address.
420     3.  The applicant's date of birth.
421     4.  A mark in the checkbox affirming An indication that the
422applicant is a citizen of the United States.
423     5.a.  The applicant's current and valid Florida driver's
424license number or, the identification number from a Florida
425identification card issued under s. 322.051, or
426     b.  If the applicant has not been issued a current and
427valid Florida driver's license or a Florida identification card,
428the last four digits of the applicant's social security number.
429     c.  In case an applicant has not been issued a current and
430valid Florida driver's license, Florida identification card, or
431social security number, the applicant shall affirm this fact in
432the manner prescribed in the uniform statewide voter
433registration application.
434     6.  A mark in the checkbox affirming An indication that the
435applicant has not been convicted of a felony or that, if
436convicted, has had his or her civil rights restored.
437     7.  A mark in the checkbox affirming An indication that the
438applicant has not been adjudicated mentally incapacitated with
439respect to voting or that, if so adjudicated, has had his or her
440right to vote restored.
441     8.  Original signature or a digital signature transmitted
442by the Department of Highway Safety and Motor Vehicles of the
443applicant swearing or affirming under the penalty for false
444swearing pursuant to s. 104.011 that the information contained
445in the registration application is true and subscribing to the
446oath required by s. 3, Art. VI of the State Constitution and s.
44797.051.
448     (b)  An applicant who fails to designate party affiliation
449must be registered without party affiliation. The supervisor
450must notify the voter by mail that the voter has been registered
451without party affiliation and that the voter may change party
452affiliation as provided in s. 97.1031.
453     (6)  A voter registration application may be accepted as
454valid only after the department has verified the authenticity or
455nonexistence of the driver's license number, the Florida
456identification card number, or the last four digits of the
457social security number provided by the applicant. If a completed
458voter registration application has been received by the book-
459closing deadline but the driver's license number, the Florida
460identification card number, or the last four digits of the
461social security number provided by the applicant cannot be
462verified prior to the applicant presenting himself or herself to
463vote, the applicant shall be provided a provisional ballot. The
464provisional ballot shall only be counted if the application is
465verified by the end of the canvassing period or if the applicant
466presents evidence to the supervisor of elections sufficient to
467verify the authenticity of the driver's license number, Florida
468identification card number, or last four digits of the social
469security number provided on the application no later than 5 p.m.
470of the third day following the election.
471     (7)  All voter registration applications received by a
472voter registration official shall be entered into the statewide
473voter registration system within 15 days after receipt. Once
474entered, the application shall be immediately forwarded to the
475appropriate supervisor of elections.
476     Section 7.  Subsections (1), (2), and (3) of section
47797.0535, Florida Statutes, are amended to read:
478     97.0535  Special requirements for certain applicants.--
479     (1)  Each applicant who registers by mail and who has never
480previously voted in the state and who the department has
481verified has not been issued a current and valid Florida
482driver's license, Florida identification card, or social
483security number county shall be required to provide a copy of a
484current and valid identification, as provided in subsection (3),
485or indicate that he or she is exempt from the requirements prior
486to voting. Such The applicant may provide the identification or
487indication may be provided at the time of registering, or at any
488time prior to voting for the first time in the state county. If
489the voter registration application clearly provides information
490from which a voter registration official the supervisor can
491determine that the applicant meets at least one of the
492exemptions in subsection (4), the voter registration official
493supervisor shall make the notation on the registration records
494of the statewide voter registration system and the applicant
495shall not be required to provide the identification required by
496this section further information that is required of first time
497voters who register by mail.
498     (2)  The voter registration official supervisor of
499elections shall, upon accepting the voter registration
500application submitted pursuant to subsection (1) for an
501applicant who registered by mail and who has not previously
502voted in the county, determine if the applicant provided the
503required identification at the time of registering. If the
504required identification was not provided, the supervisor shall
505notify the applicant that he or she must provide the
506identification prior to voting the first time in the state
507county.
508     (3)(a)  The following forms of identification shall be
509considered current and valid if they contain the name and
510photograph of the applicant and have not expired:
511     1.  Florida driver's license.
512     2.  Florida identification card issued by the Department of
513Highway Safety and Motor Vehicles.
514     1.3.  United States passport.
515     2.4.  Employee badge or identification.
516     3.5.  Buyer's club identification.
517     4.6.  Debit or credit card.
518     5.7.  Military identification.
519     6.8.  Student identification.
520     7.9.  Retirement center identification.
521     8.10.  Neighborhood association identification.
522     9.11.  Entertainment identification.
523     10.12.  Public assistance identification.
524     (b)  The following forms of identification shall be
525considered current and valid if they contain the name and
526current residence address of the applicant:
527     1.  Utility bill.
528     2.  Bank statement.
529     3.  Government check.
530     4.  Paycheck.
531     5.  Other government document (excluding voter
532identification card).
533     Section 8.  Subsection (1) of section 97.055, Florida
534Statutes, is amended to read:
535     97.055  Registration books; when closed for an election.--
536     (1)  The registration books must be closed on the 29th day
537before each election and must remain closed until after that
538election. If an election is called and there are fewer than 29
539days before that election, the registration books must be closed
540immediately. When the registration books are closed for an
541election, only updates to a voter's name, address, and signature
542pursuant to ss. 98.077 and 101.045 will be permitted for
543purposes of the upcoming election. Voter registration
544applications and party changes must be accepted but only for the
545purpose of subsequent elections. However, party changes received
546between the book-closing date of the first primary election and
547the date of the second primary election are not effective until
548after the second primary election.
549     Section 9.  Section 97.057, Florida Statutes, is amended to
550read:
551     97.057  Voter registration by the Department of Highway
552Safety and Motor Vehicles.--
553     (1)  The Department of Highway Safety and Motor Vehicles
554shall provide the opportunity to register to vote or to update a
555voter registration record to each individual who comes to an
556office of that department to:
557     (a)  Apply for or renew a driver's license;
558     (b)  Apply for or renew an identification card pursuant to
559chapter 322; or
560     (c)  Change an address on an existing driver's license or
561identification card.
562     (2)  The Department of Highway Safety and Motor Vehicles
563shall:
564     (a)  Notify each individual, orally or in writing, that:
565     1.  Information gathered for the completion of a driver's
566license or identification card application, renewal, or change
567of address can be automatically transferred to a voter
568registration application;
569     2.  If additional information and a signature are provided,
570the voter registration application will be completed and sent to
571the proper election authority;
572     3.  Information provided can also be used to update a voter
573registration record;
574     4.  All declinations will remain confidential and may be
575used only for voter registration purposes; and
576     5.  The particular driver license office in which the
577person applies to register to vote or updates a voter
578registration record will remain confidential and may be used
579only for voter registration purposes.
580     (b)  Require a driver's license examiner to inquire orally,
581or, if the applicant is hearing impaired, inquire in writing if
582the applicant is hearing impaired, and whether the applicant
583wishes to register to vote or update a voter registration record
584during the completion of a driver's license or identification
585card application, renewal, or change of address.
586     1.  If the applicant chooses to register to vote or to
587update a voter registration record:
588     a.  All applicable information received by the Department
589of Highway Safety and Motor Vehicles in the course of filling
590out the forms necessary under subsection (1) must be transferred
591to a voter registration application.;
592     b.  The additional necessary information must be obtained
593by the driver's license examiner and must not duplicate any
594information already obtained while completing the forms required
595under subsection (1).; and
596     c.  A voter registration application with all of the
597applicant's voter registration information required to establish
598the applicant's eligibility pursuant to s. 97.041 must be
599presented to the applicant to review and verify the voter
600registration information received and provide an electronic
601signature affirming the accuracy of the information provided
602sign.
603     2.  If the applicant declines to register to vote, update
604the applicant's voter registration record, or change the
605applicant's address by either orally declining or by failing to
606sign the voter registration application, the Department of
607Highway Safety and Motor Vehicles must note such declination on
608its records and shall forward the declination to the statewide
609voter registration system keep the declination for 2 years but
610must forward a copy of the unsigned voter registration
611application within 5 days after receipt to the appropriate
612supervisor of elections.
613     (3)  For the purpose of this section, the Department of
614Highway Safety and Motor Vehicles, with the approval of the
615Department of State, shall prescribe:
616     (a)  A voter registration application that is the same in
617content, format, and size as the uniform statewide voter
618registration application prescribed under s. 97.052; and
619     (b)  A form that will inform applicants under subsection
620(1) of the information contained in paragraph (2)(a).
621     (4)  The Department of Highway Safety and Motor Vehicles
622must electronically transmit forward completed voter
623registration applications within 24 hours after receipt to the
624statewide voter registration system. Completed paper voter
625registration applications received by the Department of Highway
626Safety and Motor Vehicles shall be forwarded within 5 days after
627receipt to the supervisor of the county where the office that
628processed or received that application is located.
629     (5)  The Department of Highway Safety and Motor Vehicles
630must send, with each driver's license renewal extension
631application authorized pursuant to s. 322.18(8), a uniform
632statewide voter registration application, the voter registration
633application prescribed under paragraph (3)(a), or a voter
634registration application developed especially for the purposes
635of this subsection by the Department of Highway Safety and Motor
636Vehicles, with the approval of the Department of State, which
637must meet the requirements of s. 97.052.
638     (6)  A person providing voter registration services for a
639driver license office may not:
640     (a)  Seek to influence an applicant's political preference
641or party registration;
642     (b)  Display any political preference or party allegiance;
643     (c)  Make any statement to an applicant or take any action
644the purpose or effect of which is to discourage the applicant
645from registering to vote; or
646     (d)  Disclose any applicant's voter registration
647information except as needed for the administration of voter
648registration.
649     (7)  The Department of Highway Safety and Motor Vehicles
650shall compile lists, by county, of those individuals whose names
651have been purged from its driver's license database because they
652have been licensed in another state and shall provide those
653lists annually to the appropriate supervisors.
654     (7)(8)  The Department of Highway Safety and Motor Vehicles
655shall collect data determined necessary by the Department of
656State for program evaluation and reporting to the Federal
657Election Assistance Commission pursuant to federal law the
658National Voter Registration Act of 1993.
659     (8)(9)  The Department of Highway Safety and Motor Vehicles
660must ensure that all voter registration services provided by
661driver license offices are in compliance with the Voting Rights
662Act of 1965.
663     (9)  The Department of Highway Safety and Motor Vehicles
664shall retain complete records of voter registration information
665received, processed, and submitted to the statewide voter
666registration system by the Department of Highway Safety and
667Motor Vehicles. These records shall be for the explicit purpose
668of supporting audit and accounting controls established to
669ensure accurate and complete electronic transmission of records
670between the statewide voter registration system and the
671Department of Highway Safety and Motor Vehicles.
672     (10)  The department shall provide the Department of
673Highway Safety and Motor Vehicles with an electronic database of
674street addresses valid for use as the legal residence address as
675required in s. 97.053(5). The Department of Highway Safety and
676Motor Vehicles shall compare the address provided by the
677applicant against the database of valid street addresses. If the
678address provided by the applicant does not match a valid street
679address in the database, the applicant will be asked to verify
680the address provided. The Department of Highway Safety and Motor
681Vehicles shall not reject any application for voter registration
682for which a valid match cannot be made.
683     (11)  The Department of Highway Safety and Motor Vehicles
684shall enter into an agreement with the department to match
685information in the statewide voter registration system with
686information in the database of the Department of Highway Safety
687and Motor Vehicles to the extent required to verify the accuracy
688of the driver's license number, Florida identification number,
689or last four digits of the social security number provided on
690applications for voter registration as required in s. 97.053.
691     (12)  The Department of Highway Safety and Motor Vehicles
692shall enter into an agreement with the Commissioner of Social
693Security as required by the Help America Vote Act of 2002 to
694verify the last four digits of the social security number
695provided in applications for voter registration as required in
696s. 97.053.
697     Section 10.  Subsections (6), (7), and (9) of section
69897.058, Florida Statutes, are amended to read:
699     97.058  Voter registration agencies.--
700     (6)  A voter registration agency must forward all completed
701and incomplete voter registration applications within 5 days
702after receipt to the supervisor of the county where the agency
703that processed or received that application is located.
704     (7)  A voter registration agency must retain declinations
705for a period of 2 years, during which time the declinations are
706not considered a record of the client pursuant to the laws
707governing the agency's records. However, a voter registration
708agency must forward a copy of each incompleted voter
709registration application within 5 days after receipt to the
710appropriate supervisor of elections.
711     (9)  A voter registration agency must collect data
712determined necessary by the department for program evaluation
713and reporting to the Federal Election Assistance Commission
714pursuant to federal law the National Voter Registration Act of
7151993.
716     Section 11.  Section 97.061, Florida Statutes, is amended
717to read:
718     97.061  Special registration for electors requiring
719assistance.--
720     (1)  Any person who is eligible to register and who is
721unable to read or write or who, because of some disability,
722needs assistance in voting shall upon that person's request be
723registered by the supervisor under the procedure prescribed by
724this section and shall be entitled to receive assistance at the
725polls under the conditions prescribed by this section.
726     (2)  If a person is qualified to register pursuant to this
727section, the voter registration official supervisor shall note
728in that person's registration record that the person needs
729assistance in voting.
730     (3)  The precinct register generated by the supervisor
731shall contain Upon registering any person pursuant to this
732section, the supervisor must make a notation on the registration
733books or records which are delivered to the polls on election
734day that such person is eligible for assistance in voting, and
735the supervisor may issue such person a special registration
736identification card or make a some notation on the voter
737information regular registration identification card that such
738person is eligible for assistance in voting. Such person shall
739be entitled to receive the assistance of two election officials
740or some other person of his or her own choice, other than the
741person's employer, the agent of the person's employer, or an
742officer or agent of the person's union, without the necessity of
743executing the "Declaration to Secure Assistance" prescribed in
744s. 101.051. Such person shall notify the supervisor of any
745change in his or her condition which makes it unnecessary for
746him or her to receive assistance in voting.
747     Section 12.  Section 97.071, Florida Statutes, is amended
748to read:
749     97.071  Voter information Registration identification
750card.--
751     (1)  A voter information registration identification card
752shall must be furnished by the supervisor to all registered
753voters residing in the supervisor's county. The card may
754registering under the permanent single registration system and
755must contain:
756     (a)  Voter's registration number.
757     (b)  Date of registration.
758     (c)  Full name.
759     (d)  Party affiliation.
760     (e)  Date of birth.
761     (f)  Race or ethnicity, if provided by the applicant.
762     (g)  Sex, if provided by the applicant.
763     (f)(h)  Address of legal residence.
764     (g)(i)  Precinct number.
765     (h)(j)  Name of supervisor and contact information of
766supervisor.
767     (k)  Place for voter's signature.
768     (i)(l)  Other information deemed necessary by the
769supervisor department.
770     (2)  A voter may receive a replacement voter information of
771a registration identification card by providing a signed,
772written request for a replacement card to a voter registration
773official the supervisor. Upon verification of registration, the
774supervisor shall issue the voter a duplicate card without
775charge.
776     (3)  In the case of a change of name, address, or party
777affiliation, the supervisor shall must issue the voter a new
778voter information registration identification card. However, a
779voter information registration identification card indicating a
780party affiliation change made between the book-closing date for
781the first primary election and the date of the second primary
782election may not be issued until after the second primary
783election.
784     Section 13.  Section 97.073, Florida Statutes, is amended
785to read:
786     97.073  Disposition of voter registration applications;
787cancellation notice.--
788     (1)  The supervisor must notify each applicant of the
789disposition of the applicant's voter registration application.
790The notice must inform the applicant that the application has
791been approved, is incomplete, has been denied, or is a duplicate
792of a current registration. A voter information registration
793identification card sent to an applicant constitutes notice of
794approval of registration. If the application is incomplete, the
795supervisor must request that the applicant supply the missing
796information using a voter registration application signed by the
797applicant in writing and sign a statement that the additional
798information is true and correct. A notice of denial must inform
799the applicant of the reason the application was denied.
800     (2)  Within 2 weeks after approval of a voter registration
801application that indicates that the applicant was previously
802registered in another state jurisdiction, the department
803supervisor must notify the registration official in the prior
804state jurisdiction that the applicant is now registered in this
805state the supervisor's county.
806     Section 14.  Section 97.1031, Florida Statutes, is amended
807to read:
808     97.1031  Notice of change of residence within the same
809county, change of name, or change of party affiliation.--
810     (1)  When an elector moves from the address named on that
811person's voter registration record to another address within the
812state or changes his or her name by marriage or other legal
813process same county, the elector shall submit the new
814information to a voter registration official using a voter
815registration application signed by the elector must provide
816notification of such move to the supervisor of elections of that
817county. The elector may provide the supervisor a signed, written
818notice or may notify the supervisor by telephone or electronic
819means. However, notification of such move other than by signed,
820written notice must include the elector's date of birth. A voter
821information registration identification card reflecting the new
822information address of legal residence shall be issued to the
823elector as provided in subsection (3)(4).
824     (2)  When the name of an elector is changed by marriage or
825other legal process, the elector must provide a signed, written
826notification of such change to the supervisor and obtain a
827registration identification card reflecting the new name.
828     (2)(3)  When an elector seeks to change party affiliation,
829the elector shall must provide notice a signed, written
830notification of such intent to a voter registration official
831using a voter registration application signed by the elector. A
832voter information the supervisor and obtain a registration
833identification card reflecting the new party affiliation shall
834be issued by the supervisor to the elector, subject to the
835issuance restriction in s. 97.071(3).
836     (3)(4)  The voter registration official supervisor shall
837make the necessary changes in the elector's records as soon as
838practical upon receipt of such notice of a change of address of
839legal residence, name, or party affiliation and shall issue the
840new voter information registration identification card as
841required by s. 97.071(3).
842     Section 15.  Section 97.105, Florida Statutes, is amended
843to read:
844     97.105  Permanent single registration system
845established.--A permanent single registration system for the
846registration of electors to qualify them to vote in all
847elections is provided for the several counties and
848municipalities. This system shall be put into use by all
849municipalities and shall be in lieu of any other system of
850municipal registration. Electors shall be registered pursuant to
851in pursuance of this system by a voter registration official the
852supervisor or by a deputy supervisor, and electors registered
853shall not thereafter be required to register or reregister
854except as provided by law.
855     Section 16.  Subsections (3), (10), and (11) of section
85698.015, Florida Statutes, are amended, and subsection (12) is
857added to said section, to read:
858     98.015  Supervisor of elections; election, tenure of
859office, compensation, custody of books, office hours, successor,
860seal; appointment of deputy supervisors; duties.--
861     (3)  The supervisor is required to update voter
862registration information and enter new voter registrations into
863the statewide voter registration system and to act as the
864official custodian of documents received by the supervisor
865related to the registration of electors and changes in voter
866registration status of electors of the supervisor's county the
867registration books and has the exclusive control of matters
868pertaining to registration of electors.
869     (10)  Each supervisor shall must ensure that all voter
870registration and list maintenance procedures conducted by such
871supervisor are in compliance with any applicable requirements
872prescribed by the department through the statewide voter
873registration system or prescribed by for that county under the
874Voting Rights Act of 1965, the National Voter Registration Act
875of 1993, and the Help America Vote Act of 2002.
876     (11)  Each supervisor shall ensure that any voter
877registration system used by the supervisor for administering his
878or her duties as a voter registration official complies with the
879specifications and procedures established by the department and
880the statewide voter registration system Each supervisor of
881elections shall forward to the property appraiser for the county
882in which the homestead is claimed the name of the person and the
883address of the homestead of each person who registers to vote at
884an address other than that at which the person claims a
885homestead exemption, as disclosed on the uniform statewide voter
886registration application pursuant to s. 97.052.
887     (12)  Each supervisor shall maintain a list of valid
888residential street addresses for purposes of verifying the legal
889addresses of voters residing in the supervisor's county. The
890supervisor shall make all reasonable efforts to coordinate with
891county 911 service providers, property appraisers, the United
892States Postal Service, or other agencies as necessary to ensure
893the continued accuracy of such list. The supervisor shall
894provide the list of valid residential addresses to the statewide
895voter registration system in the manner and frequency specified
896by the department.
897     Section 17.  Section 98.035, Florida Statutes, is created
898to read:
899     98.035  Statewide voter registration system;
900implementation, operation, and maintenance.--
901     (1)  The Secretary of State, as chief election officer of
902the state, shall be responsible for implementing, operating, and
903maintaining, in a uniform and nondiscriminatory manner, a
904single, uniform, official, centralized, interactive,
905computerized statewide voter registration system as required by
906the Help America Vote Act of 2002.
907     (2)  The statewide voter registration system shall contain
908the name and registration information of every legally
909registered voter in the state. All voters shall be assigned a
910unique identifier. The system shall be the official list of
911registered voters in the state and shall provide secured access
912by authorized voter registration officials. The system shall
913enable voter registration officials to provide, access, and
914update voter registration information.
915     (3)  The department shall not contract with any other
916entity for the operation of the statewide voter registration
917system.
918     (4)  The implementation of the statewide voter registration
919system shall not prevent any supervisor of elections from
920acquiring, maintaining, or using any hardware or software
921necessary or desirable to carry out the supervisor's
922responsibilities related to the use of voter registration
923information or the conduct of elections, provided that such
924hardware or software does not conflict with the operation of the
925statewide voter registration system.
926     (5)  The department may adopt rules governing the access,
927use, and operation of the statewide voter registration system to
928ensure security, uniformity, and integrity of the system.
929     Section 18.  Section 98.045, Florida Statutes, is amended
930to read:
931     98.045  Administration of voter registration.--
932     (1)  ELIGIBILITY OF APPLICANT.--The department Each
933supervisor must ensure that any eligible applicant for voter
934registration is registered to vote and that each application for
935voter registration is processed in accordance with law. The
936department shall determine whether a voter registration
937applicant is ineligible based on any of the following:
938     (a)  The failure to complete a voter registration
939application as specified in s. 97.053.
940     (b)  The applicant is deceased.
941     (c)  The applicant has been convicted of a felony for which
942his or her civil rights have not been restored.
943     (d)  The applicant has been adjudicated mentally
944incapacitated with respect to the right to vote and such right
945has not been restored.
946     (e)  The applicant does not meet the age requirement
947pursuant to s. 97.041.
948     (f)  The applicant is not a United States citizen.
949     (g)  The applicant is a fictitious person.
950     (h)  The applicant has provided an address of legal
951residence that is not his or her legal residence.
952     (i)  The applicant has provided a driver's license number,
953Florida identification card number, or the last four digits of a
954social security number that is not verifiable by the department.
955     (2)  REMOVAL OF REGISTERED VOTERS.--
956     (a)  Once a voter is registered, the name of that voter may
957not be removed from the statewide voter registration system
958books except at the written request of the voter, by reason of
959the voter's conviction of a felony or adjudication as mentally
960incapacitated with respect to voting, by death of the voter, or
961pursuant to a registration list maintenance program or other
962registration list maintenance activity conducted pursuant to s.
96398.065 or, s. 98.075, or s. 98.0977.
964     (b)(2)  Information received by a voter registration
965official supervisor from an election official in another state
966jurisdiction indicating that a registered voter in this state
967the supervisor's county has registered to vote in that other
968state jurisdiction shall be considered as a written request from
969the voter to have the voter's name removed from the statewide
970voter registration system books of the supervisor's county.
971     (3)  PUBLIC RECORDS ACCESS AND RETENTION.--Notwithstanding
972the provisions of ss. 98.095 and 98.0977, Each supervisor shall
973maintain for at least 2 years, and make available for public
974inspection and copying, all records concerning implementation of
975registration list maintenance programs and activities conducted
976pursuant to ss. 98.065 and, 98.075, and 98.0977. The records
977must include lists of the name and address of each person to
978whom a an address confirmation final notice was sent and
979information as to whether each such person responded to the
980mailing, but may not include any information that is
981confidential or exempt from public records requirements under
982this code.
983     (4)  STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
984STREET ADDRESSES.--
985     (a)  The department shall compile and maintain a statewide
986electronic database of valid residential street addresses from
987the information provided by the supervisors of elections
988pursuant to s. 98.015. The department shall evaluate the
989information provided by the supervisors of elections to identify
990any duplicate addresses and any address that may overlap county
991boundaries.
992     (b)  The department shall make the statewide database of
993valid street addresses available to the Department of Highway
994Safety and Motor Vehicles as provided for in s. 97.057(10). The
995Department of Highway Safety and Motor Vehicles shall use the
996database for purposes of validating the legal residential
997addresses provided in voter registration applications received
998by the Department of Highway Safety and Motor Vehicles.
999     (5)  FORMS.--The department may prescribe by rule forms
1000necessary to conduct maintenance of records in the statewide
1001voter registration system.
1002     Section 19.  Section 98.065, Florida Statutes, as amended
1003by chapter 2002-281, Laws of Florida, is amended to read:
1004     98.065  Registration list maintenance programs.--
1005     (1)  The supervisor must conduct a general registration
1006list maintenance program to protect the integrity of the
1007electoral process by ensuring the maintenance of accurate and
1008current voter registration records in the statewide voter
1009registration system. The program must be uniform,
1010nondiscriminatory, and in compliance with the Voting Rights Act
1011of 1965, the National Voter Registration Act of 1993, and the
1012Help America Vote Act of 2002. As used in this subsection, the
1013term "nondiscriminatory" applies to and includes persons with
1014disabilities.
1015     (2)  A supervisor must incorporate one or more of the
1016following procedures in the supervisor's biennial registration
1017list maintenance program under which:
1018     (a)  Change-of-address information supplied by the United
1019States Postal Service through its licensees is used to identify
1020registered voters whose addresses might have changed;
1021     (b)  Change-of-address information is identified from
1022returned nonforwardable return-if-undeliverable mail sent to all
1023registered voters in the county; or
1024     (c)  Change-of-address information is identified from
1025returned nonforwardable return-if-undeliverable address
1026confirmation requests mailed to all registered voters who have
1027not voted in the last 2 years and who did not make a written
1028request that their registration records be updated during that
1029time.
1030     (3)  A registration list maintenance program must be
1031conducted by each supervisor, at a minimum, in each odd-numbered
1032year and must be completed not later than 90 days prior to the
1033date of any federal election. All list maintenance actions
1034associated with each voter must be entered, tracked, and
1035maintained in the statewide voter registration system.
1036     (4)(a)  If the supervisor receives change-of-address
1037information pursuant to the activities conducted in subsection
1038(2), from jury notices signed by the voter and returned to the
1039courts, from the Department of Highway Safety and Motor
1040Vehicles, or from other sources, which information indicates
1041that the legal address of a registered voter might have changed,
1042the supervisor shall send by forwardable return-if-undeliverable
1043mail an address confirmation notice to the address at which the
1044voter was last registered. A supervisor may also send an address
1045confirmation notice to any voter who the supervisor has reason
1046to believe has moved from his or her legal residence.
1047     (b)  The address confirmation notice shall contain a
1048postage prepaid preaddressed return form on which:
1049     1.  If the voter has changed his or her address of legal
1050residence to a location outside the state, the voter shall mark
1051that the voter's legal residence has changed to a location
1052outside the state. The form shall also include information on
1053how to register in the new state in order to be eligible to
1054vote. The form must be returned within 30 days after the date of
1055the notice. The completed form shall constitute a request to be
1056removed from the statewide voter registration system.
1057     2.  If the voter has changed his or her address of legal
1058residence to a location inside the state, the voter shall set
1059forth the updated or corrected address and submit the return
1060form within 30 days after the date of the notice. The completed
1061form shall constitute a request to update the statewide voter
1062registration system with the updated or corrected address
1063information.
1064     3.  If the voter has not changed his or her address of
1065legal residence as printed on the address confirmation notice,
1066the voter shall confirm that his or her address of legal
1067residence has not changed and submit the form within 30 days
1068after the date of the notice.
1069     (c)  The supervisor must designate as inactive all voters
1070who have been sent an address confirmation notice and who have
1071not returned the postage prepaid preaddressed return form within
107230 days or for which an address confirmation notice has been
1073returned as undeliverable. Names on the inactive list may not be
1074used to calculate the number of signatures needed on any
1075petition. A voter on the inactive list may be restored to the
1076active list of voters upon the voter updating his or her
1077registration, requesting an absentee ballot, or appearing to
1078vote. However, if the voter does not update his or her voter
1079registration information, request an absentee ballot, or vote by
1080the second general election after being placed on the inactive
1081list, the voter's name shall be removed from the statewide voter
1082registration system and the voter shall be required to
1083reregister to have his or her name restored to the statewide
1084voter registration system.
1085     (5)  No notice may be issued pursuant to this section and
1086no voter's name may be removed from the statewide voter
1087registration system later than 90 days prior to the date of a
1088federal election. However, nothing in this section shall
1089preclude the removal of the name of a voter from the statewide
1090voter registration system at any time upon the voter's written
1091request, by reason of the voter's death, or upon a determination
1092of the voter's ineligibility as provided in s. 98.075(7).
1093     (6)(a)  No later than July 31 and January 31 of each year,
1094the supervisor must certify to the department the list
1095maintenance activities conducted during the first 6 months and
1096the second 6 months of the year, respectively, including the
1097number of address confirmation requests sent, the number of
1098voters designated as inactive, and the number of voters removed
1099from the statewide voter registration system.
1100     (b)  If, based on the certification provided pursuant to
1101paragraph (a), the department determines that a supervisor has
1102not conducted the list maintenance activities as required by
1103this section, the department shall conduct the appropriate list
1104maintenance activities for that county. Failure to conduct list
1105maintenance activities as required in this section shall
1106constitute a violation of s. 104.051. A voter's name may not be
1107removed from the registration books later than 90 days prior to
1108the date of a federal election. However, nothing in this section
1109shall preclude the removal of the name of a voter from the voter
1110registration books, at any time and without prior notification,
1111upon the written request of the voter, by reason of conviction
1112of the voter of a felony, by reason of adjudication of the voter
1113as mentally incapacitated with respect to voting, by reason of
1114the death of the voter, or upon a determination of ineligibility
1115as provided in s. 98.075(3).
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)  CERTIFICATION.--
1313     (a)  No later than July 31 and January 31 of each year, the
1314supervisor shall certify to the department the activities
1315conducted pursuant to this section during the first 6 months and
1316the second 6 months of the year, respectively. The certification
1317shall include the number of persons to whom notices were sent
1318pursuant to subsection (7), the number of persons who responded
1319to the notices, the number of notices returned as undeliverable,
1320the number of notices published in the newspaper, the number of
1321hearings conducted, and the number of persons removed from the
1322statewide voter registration systems and the reasons for such
1323removals.
1324     (b)  If, based on the certification provided pursuant to
1325paragraph (a), the department determines that a supervisor has
1326not satisfied the requirements of this section, the department
1327shall satisfy the appropriate requirements for that county.
1328Failure to satisfy the requirements of this section shall
1329constitute a violation of s. 104.051.
1330     Section 21.  Section 98.0755, Florida Statutes, is created
1331to read:
1332     98.0755  Appeal of determination of ineligibility.--Appeal
1333of the supervisor's determination of ineligibility pursuant to
1334s. 98.075(7) may be taken to the circuit court in and for the
1335county where the person was registered. Notice of appeal must be
1336filed within the time and in the manner provided by the Florida
1337Rules of Appellate Procedure and acts as supersedeas. Trial in
1338the circuit court is de novo and governed by the rules of that
1339court. Unless the person can show that his or her name was
1340erroneously or illegally removed from the statewide voter
1341registration system, or that he or she is indigent, the person
1342must bear the costs of the trial in the circuit court.
1343Otherwise, the cost of the appeal must be paid by the supervisor
1344of elections.
1345     Section 22.  Section 98.077, Florida Statutes, is amended
1346to read:
1347     98.077  Update of voter signature.--
1348     (1)  A registered voter may update his or her signature on
1349file in the statewide voter registration system at any time
1350using a voter registration application submitted to a voter
1351registration official.
1352     (2)  The department and supervisors supervisor of elections
1353shall include in any correspondence, other than postcard
1354notifications and notices relating to eligibility, sent to a
1355provide to each registered voter information regarding of the
1356county the opportunity to update his or her signature on file at
1357the supervisor's office by providing notification of the ability
1358to do so in any correspondence, other than postcard
1359notifications, sent to the voter. The notice shall advise when,
1360where, and how to update the voter's signature and shall provide
1361the voter information on how to obtain a voter registration
1362application form from a voter registration official the
1363supervisor that can be returned to update the signature.
1364     (3)  In addition, At least once during each general
1365election year, the supervisor shall publish in a newspaper of
1366general circulation or other newspaper in the county deemed
1367appropriate by the supervisor a notice specifying when, where,
1368or how a voter can update his or her signature that is on file
1369or how a voter can obtain a voter registration application form
1370from a voter registration official the supervisor to do so.
1371     (4)  All signature updates for use in verifying absentee
1372and provisional ballots must be received by the appropriate
1373supervisor of elections no later than the start of the
1374canvassing of absentee ballots by the canvassing board. The
1375signature on file at the start of the canvass of the absentees
1376is the signature that shall be used in verifying the signature
1377on the absentee and provisional ballot certificates.
1378     Section 23.  Section 98.081, Florida Statutes, is amended
1379to read:
1380     98.081  Names removed from the statewide voter registration
1381system books; restrictions on reregistering; recordkeeping;
1382restoration of erroneously or illegally removed names.--
1383     (1)  Any person who requested that his or her name be
1384removed from the statewide voter registration system books
1385between the book-closing date of the first primary and the date
1386of the second primary may not register in a different political
1387party until after the date of the second primary election.
1388     (2)  When the name of any elector is removed from the
1389statewide voter registration system books pursuant to s. 98.065
1390or, s. 98.075, or s. 98.093, the elector's original registration
1391application form shall be retained by the supervisor of
1392elections having custody of the application filed alphabetically
1393in the office of the supervisor. As alternatives, registrations
1394removed from the statewide voter registration system books may
1395be microfilmed and such microfilms substituted for the original
1396registration applications forms; or, when voter registration
1397information, including the voter's signature, is maintained
1398digitally or on electronic, magnetic, or optic media, such
1399stored information may be substituted for the original
1400registration application form. Such microfilms or stored
1401information shall be retained by the supervisor of elections
1402having in the custody of the supervisor. In the event the
1403original registration applications forms are microfilmed or
1404maintained digitally or on electronic or other media, such
1405originals may be destroyed in accordance with the schedule
1406approved by the Bureau of Archives and Records Management of the
1407Division of Library and Information Services of the department.
1408     (3)  When the name of any elector has been erroneously or
1409illegally removed from the statewide voter registration system
1410books, the name of the elector shall be restored by a voter
1411registration official the supervisor upon satisfactory proof,
1412even though the registration period for that election is closed.
1413     Section 24.  Section 98.093, Florida Statutes, is amended
1414to read:
1415     98.093  Duty of officials to furnish lists of deceased
1416persons, persons adjudicated mentally incapacitated, and persons
1417convicted of a felony.--
1418     (1)  In order to ensure the maintenance of accurate and
1419current voter registration records, it is necessary for the
1420department to receive certain information from state and federal
1421officials and entities. The department shall use the information
1422provided from the sources in subsection (2) to maintain the
1423voter registration records.
1424     (2)  To the maximum extent feasible, state and local
1425government agencies shall facilitate provision of information
1426and access to data to the department, including, but not limited
1427to, databases that contain reliable criminal records and records
1428of deceased persons. State and local government agencies that
1429provide such data shall do so without charge if the direct cost
1430incurred by those agencies is not significant.
1431     (a)  The Department of Health shall furnish monthly to the
1432department each supervisor of elections a list containing the
1433name, address, date of birth, date of death, social security
1434number, race, and sex of each deceased person 17 years of age or
1435older who was a resident of such supervisor's county.
1436     (b)(2)  Each clerk of the circuit court shall furnish
1437monthly to the department, at least once each month, deliver to
1438each supervisor of elections a list of those persons who have
1439been adjudicated mentally incapacitated with respect to voting
1440during the preceding calendar month, a list of those persons
1441whose mental capacity with respect to voting has been restored
1442during the preceding calendar month, and a list of those persons
1443who have returned signed jury notices during the preceding
1444months to the clerk of the circuit court indicating a change of
1445address. Each list shall include stating the name, address, date
1446of birth, race, and sex, and, whichever is available, the
1447Florida driver's license number, Florida identification card
1448number, or social security number of each such person convicted
1449of a felony during the preceding calendar month who was a
1450resident of that supervisor's county, a list stating the name,
1451address, date of birth, race, and sex of each person adjudicated
1452mentally incapacitated with respect to voting during the
1453preceding calendar month who was a resident of that supervisor's
1454county, and a list stating the name, address, date of birth,
1455race, and sex of each person whose mental capacity with respect
1456to voting has been restored who was a resident of that
1457supervisor's county.
1458     (c)(3)  Upon receipt of information from the United States
1459Attorney, listing persons convicted of a felony in federal
1460court, the department shall use such information to identify
1461registered voters or applicants for voter registration who may
1462be potentially ineligible based on information provided in
1463accordance with s. 98.075 immediately forward such information
1464to the supervisor of elections for the county where the offender
1465resides.
1466     (d)  The Department of Law Enforcement shall furnish
1467monthly to the department a list of those persons who have been
1468convicted of a felony in the preceding month or any updates to
1469prior records that may have occurred in the preceding month. The
1470list shall contain the name, address, date of birth, race, sex,
1471date of conviction, county of conviction, social security
1472number, and a unique identifier of each conviction of each
1473person.
1474     (e)  The Board of Executive Clemency shall furnish monthly
1475to the department a list of those persons granted clemency in
1476the preceding month or any updates to prior records that may
1477have occurred in the preceding month. The list shall contain the
1478Board of Executive Clemency case number, name, address, date of
1479birth, race, sex, and, where available, the social security
1480number, references to record identifiers assigned by the
1481Department of Corrections, a unique identifier of each clemency
1482case, and the effective date of clemency of each person.
1483     (f)  The Department of Corrections shall furnish monthly to
1484the department a list of those persons transferred to the
1485Department of Corrections in the preceding month or any updates
1486to prior records that may have occurred in the preceding month.
1487The list shall contain the name, address, date of birth, race,
1488sex, social security number, Department of Corrections record
1489identification number, and associated Department of Law
1490Enforcement felony conviction record number of each person.
1491     (g)  The Department of Highway Safety and Motor Vehicles
1492shall furnish monthly to the department a list of those persons
1493whose names have been removed from the driver's license database
1494because they have been licensed in another state. The list shall
1495contain the name, address, date of birth, sex, social security
1496number, and driver's license number of each such person.
1497     (4)  Upon receipt of any such list, the supervisor shall
1498remove from the registration books the name of any person listed
1499who is deceased, convicted of a felony, or adjudicated mentally
1500incapacitated with respect to voting. A person who has had his
1501or her mental capacity with respect to voting restored or who
1502has had his or her right to vote restored after conviction of a
1503felony shall be required to reregister to have his or her name
1504restored to the registration books.
1505     (3)(5)  Nothing in this section shall limit or restrict the
1506department in its duty or the supervisor in his or her duty to
1507remove the names of such persons from the statewide voter
1508registration system pursuant to s. 98.075(7) based upon books
1509after verification of information received from other sources.
1510     Section 25.  Effective August 1, 2006, section 98.0981,
1511Florida Statutes, is created to read:
1512     98.0981  Statewide voter registration database.--The
1513department shall send to the Legislature in electronic format a
1514file containing all voters qualified to vote in an election. The
1515file shall contain a unique identifier of the voter; the
1516information requested in the uniform statewide voter
1517registration application pursuant to s. 97.052(2), except for
1518such information that is by statute specifically identified as
1519confidential or exempt from public records requirements; the
1520date of registration; the representative district, senatorial
1521district, congressional district, and precinct in which the
1522voter resides; and whether the voter voted at the poll, by
1523absentee ballot, or by early vote at a designated location, or
1524whether the voter did not vote. If a person voted by absentee
1525ballot and the ballot was not counted, the file shall contain
1526the reason, where possible, that the ballot was not counted.
1527This file shall be delivered within 60 days after an election to
1528the Legislature.
1529     Section 26.  Section 98.212, Florida Statutes, is amended
1530to read:
1531     98.212  Department and supervisors to furnish statistical
1532and other information.--
1533     (1)(a)  Upon written request, the department and any
1534supervisor of the respective counties supervisors shall, as
1535promptly as possible, furnish to recognized public or private
1536universities and senior colleges within the state, to state or
1537county governmental agencies, and to recognized political party
1538committees statistical information for the purpose of analyzing
1539election returns and results.
1540     (b)  The department and any supervisor Supervisors may
1541require reimbursement for any part or all of the actual expenses
1542of supplying any information requested under paragraph (a). For
1543the purposes of this subsection, the department and supervisors
1544may use the services of any research and statistical personnel
1545that may be supplied.
1546     (c)  Lists of names submitted to the department and any
1547supervisor of the respective counties supervisors for indication
1548of registration or nonregistration or of party affiliation shall
1549be processed at any time at cost, except that in no case shall
1550the charge exceed 10 cents for each name on which the
1551information is furnished.
1552     (2)  The supervisors shall provide information as requested
1553by the department for program evaluation and reporting to the
1554Federal Election Assistance Commission pursuant to federal law
1555the National Voter Registration Act of 1993.
1556     Section 27.  Section 98.461, Florida Statutes, is amended
1557to read:
1558     98.461  Registration application form, precinct register;
1559contents.--
1560     (1)  A registration application form, approved by the
1561Department of State, containing the information required in s.
156297.052 shall be retained by the supervisor of elections of the
1563county of the applicant's registration filed alphabetically in
1564the office of the supervisor as the master list of electors of
1565the county. However, the registration application forms may be
1566microfilmed and such microfilm microfilms substituted for the
1567original registration application forms; or, when voter
1568registration information, including the voter's signature, is
1569maintained digitally or on electronic, magnetic, or optic media,
1570such stored information may be substituted for the original
1571registration application form. Such microfilms or stored
1572information shall be retained in the custody of the supervisor
1573of elections of the county of the applicant's registration. In
1574the event the original registration applications forms are
1575microfilmed or maintained digitally or on electronic or other
1576media, such originals may be destroyed in accordance with the
1577schedule approved by the Bureau of Archives and Records
1578Management of the Division of Library and Information Services
1579of the Department of State. As an alternative, the information
1580from the registration form, including the signature, may be
1581electronically reproduced and stored as provided in s. 98.451.
1582     (2)  A computer printout or electronic database shall be
1583used at the polls as a precinct register in lieu of the
1584registration books. The precinct register shall contain the date
1585of the election, the precinct number, and the following
1586information concerning each registered elector: last name, first
1587name, and middle name or initial, and suffix; party affiliation;
1588residence address; registration number; date of birth; sex, if
1589provided; race, if provided; whether the voter needs assistance
1590in voting; and such other additional information as to readily
1591identify the elector. The precinct register shall also contain a
1592space for the elector's signature and a space for the initials
1593of the witnessing clerk or inspector or an electronic device may
1594be provided for this purpose.
1595     Section 28.  Effective January 1, 2007, section 100.371,
1596Florida Statutes, is amended to read:
1597     100.371  Initiatives; procedure for placement on ballot.--
1598     (1)  Constitutional amendments proposed by initiative shall
1599be placed on the ballot for the general election provided the
1600initiative has been filed with occurring in excess of 90 days
1601from the certification of ballot position by the Secretary of
1602State no later than February 1 of the year the general election
1603is held. A petition shall be deemed to be filed with the
1604Secretary of State upon the date the secretary determines that
1605the petition has been signed by the constitutionally required
1606number of electors.
1607     (2)  Such certification shall be issued when the Secretary
1608of State has received verification certificates from the
1609supervisors of elections indicating that the requisite number
1610and distribution of valid signatures of electors have been
1611submitted to and verified by the supervisors. Every signature
1612shall be dated when made and shall be valid for a period of 4
1613years following such date, provided all other requirements of
1614law are complied with.
1615     (2)(3)  The sponsor of an initiative amendment shall, prior
1616to obtaining any signatures, register as a political committee
1617pursuant to s. 106.03 and submit the text of the proposed
1618amendment to the Secretary of State, with the form on which the
1619signatures will be affixed, and shall obtain the approval of the
1620Secretary of State of such form. The Secretary of State shall
1621promulgate rules pursuant to s. 120.54 prescribing the style and
1622requirements of such form.
1623     (3)(4)  Each signature shall be dated when made and shall
1624be valid for a period of 4 years following such date, provided
1625all other requirements of law are met. The sponsor shall submit
1626signed and dated forms to the appropriate supervisor of
1627elections for verification as to the number of registered
1628electors whose valid signatures appear thereon. The supervisor
1629shall promptly verify the signatures upon payment of the fee
1630required by s. 99.097. The supervisor shall promptly record each
1631valid signature in the statewide voter registration system in
1632the manner prescribed by the Secretary of State. Upon completion
1633of verification, the supervisor shall execute a certificate
1634indicating the total number of signatures checked, the number of
1635signatures verified as valid and as being of registered
1636electors, and the distribution by congressional district. This
1637certificate shall be immediately transmitted to the Secretary of
1638State. The supervisor shall retain the signature forms for at
1639least 1 year following the election in which the issue appeared
1640on the ballot or until the Division of Elections notifies the
1641supervisors of elections that the committee which circulated the
1642petition is no longer seeking to obtain ballot position.
1643     (4)(5)  The Secretary of State shall determine from the
1644signatures verified by the verification certificates received
1645from supervisors of elections and recorded in the statewide
1646voter registration system the total number of verified valid
1647signatures and the distribution of such signatures by
1648congressional districts. Upon a determination that the requisite
1649number and distribution of valid signatures have been obtained,
1650the secretary shall issue a certificate of ballot position for
1651that proposed amendment and shall assign a designating number
1652pursuant to s. 101.161. A petition shall be deemed to be filed
1653with the Secretary of State upon the date of the receipt by the
1654secretary of a certificate or certificates from supervisors of
1655elections indicating the petition has been signed by the
1656constitutionally required number of electors.
1657     (5)(6)(a)  Within 45 days after receipt of a proposed
1658revision or amendment to the State Constitution by initiative
1659petition from the Secretary of State or, within 30 days after
1660such receipt if receipt occurs 120 days or less before the
1661election at which the question of ratifying the amendment will
1662be presented, the Financial Impact Estimating Conference shall
1663complete an analysis and financial impact statement to be placed
1664on the ballot of the estimated increase or decrease in any
1665revenues or costs to state or local governments resulting from
1666the proposed initiative. The Financial Impact Estimating
1667Conference shall submit the financial impact statement to the
1668Attorney General and Secretary of State.
1669     (b)1.  The Financial Impact Estimating Conference shall
1670provide an opportunity for any proponents or opponents of the
1671initiative to submit information and may solicit information or
1672analysis from any other entities or agencies, including the
1673Office of Economic and Demographic Research. All meetings of the
1674Financial Impact Estimating Conference shall be open to the
1675public as provided in chapter 286.
1676     2.  The Financial Impact Estimating Conference is
1677established to review, analyze, and estimate the financial
1678impact of amendments to or revisions of the State Constitution
1679proposed by initiative. The Financial Impact Estimating
1680Conference shall consist of four principals: one person from the
1681Executive Office of the Governor; the coordinator of the Office
1682of Economic and Demographic Research, or his or her designee;
1683one person from the professional staff of the Senate; and one
1684person from the professional staff of the House of
1685Representatives. Each principal shall have appropriate fiscal
1686expertise in the subject matter of the initiative. A Financial
1687Impact Estimating Conference may be appointed for each
1688initiative.
1689     3.  Principals of the Financial Impact Estimating
1690Conference shall reach a consensus or majority concurrence on a
1691clear and unambiguous financial impact statement, no more than
169275 words in length, and immediately submit the statement to the
1693Attorney General. Nothing in this subsection prohibits the
1694Financial Impact Estimating Conference from setting forth a
1695range of potential impacts in the financial impact statement.
1696Any financial impact statement that a court finds not to be in
1697accordance with this section shall be remanded solely to the
1698Financial Impact Estimating Conference for redrafting. The
1699Financial Impact Estimating Conference shall redraft the
1700financial impact statement within 15 days.
1701     4.  If the members of the Financial Impact Estimating
1702Conference are unable to agree on the statement required by this
1703subsection, or if the Supreme Court has rejected the initial
1704submission by the Financial Impact Estimating Conference and no
1705redraft has been approved by the Supreme Court by 5 p.m. on the
170675th day before the election, the following statement shall
1707appear on the ballot pursuant to s. 101.161(1): "The financial
1708impact of this measure, if any, cannot be reasonably determined
1709at this time."
1710     (c)  The financial impact statement must be separately
1711contained and be set forth after the ballot summary as required
1712in s. 101.161(1).
1713     (d)1.  Any financial impact statement that the Supreme
1714Court finds not to be in accordance with this subsection shall
1715be remanded solely to the Financial Impact Estimating Conference
1716for redrafting, provided the court's advisory opinion is
1717rendered at least 75 days before the election at which the
1718question of ratifying the amendment will be presented. The
1719Financial Impact Estimating Conference shall prepare and adopt a
1720revised financial impact statement no later than 5 p.m. on the
172115th day after the date of the court's opinion.
1722     2.  If, by 5 p.m. on the 75th day before the election, the
1723Supreme Court has not issued an advisory opinion on the initial
1724financial impact statement prepared by the Financial Impact
1725Estimating Conference for an initiative amendment that otherwise
1726meets the legal requirements for ballot placement, the financial
1727impact statement shall be deemed approved for placement on the
1728ballot.
1729     3.  In addition to the financial impact statement required
1730by this subsection, the Financial Impact Estimating Conference
1731shall draft an initiative financial information statement. The
1732initiative financial information statement should describe in
1733greater detail than the financial impact statement any projected
1734increase or decrease in revenues or costs that the state or
1735local governments would likely experience if the ballot measure
1736were approved. If appropriate, the initiative financial
1737information statement may include both estimated dollar amounts
1738and a description placing the estimated dollar amounts into
1739context. The initiative financial information statement must
1740include both a summary of not more than 500 words and additional
1741detailed information that includes the assumptions that were
1742made to develop the financial impacts, workpapers, and any other
1743information deemed relevant by the Financial Impact Estimating
1744Conference.
1745     4.  The Department of State shall have printed, and shall
1746furnish to each supervisor of elections, a copy of the summary
1747from the initiative financial information statements. The
1748supervisors shall have the summary from the initiative financial
1749information statements available at each polling place and at
1750the main office of the supervisor of elections upon request.
1751     5.  The Secretary of State and the Office of Economic and
1752Demographic Research shall make available on the Internet each
1753initiative financial information statement in its entirety. In
1754addition, each supervisor of elections whose office has a
1755website shall post the summary from each initiative financial
1756information statement on the website. Each supervisor shall
1757include the Internet addresses for the information statements on
1758the Secretary of State's and the Office of Economic and
1759Demographic Research's websites in the publication or mailing
1760required by s. 101.20.
1761     (6)(7)  The Department of State may adopt rules in
1762accordance with s. 120.54 to carry out the provisions of
1763subsections (1)-(5)(6).
1764     Section 29.  Effective August 1, 2006, subsection (3) of
1765section 101.001, Florida Statutes, is amended to read:
1766     101.001  Precincts and polling places; boundaries.--
1767     (3)  Each supervisor of elections shall maintain a suitable
1768map drawn to a scale no smaller than 3 miles to the inch and
1769clearly delineating all major observable features such as roads,
1770streams, and railway lines and showing the current geographical
1771boundaries of each precinct, representative district, and
1772senatorial district, and other type of district in the county
1773subject to the elections process in this code. On maps of new
1774precincts, a delineation of area shall also be included for each
1775precinct employing the official census county divisions, tracts,
1776block numbering areas, block groups, and blocks used by the
1777United States Department of Commerce, Bureau of the Census, and
1778adopted by the state for the delineation of representative
1779districts pursuant to s. 10.00001. The supervisor of elections
1780shall notify the Secretary of State in writing within 30 days
1781after of any new reorganization of precincts and shall furnish a
1782copy of the map showing the current geographical boundaries and
1783designation of each new precinct and a delineation of the census
1784blocks included in each precinct. Until January 1, 2012, any
1785supervisor may apply for and obtain from the Secretary of State
1786a waiver of the requirement to delineate precincts by census
1787geography.
1788     Section 30.  Subsections (1) and (3) of section 101.043,
1789Florida Statutes, are amended to read:
1790     101.043  Identification required at polls.--
1791     (1)  The precinct register, as prescribed in s. 98.461,
1792shall be used at the polls in lieu of the registration books for
1793the purpose of identifying the elector at the polls prior to
1794allowing him or her to vote. The clerk or inspector shall
1795require each elector, upon entering the polling place, to
1796present one of the following a current and valid picture
1797identifications:
1798     (a)  Florida driver's license.
1799     (b)  Florida identification card issued by the Department
1800of Highway Safety and Motor Vehicles.
1801     (c)  United States passport.
1802     (d)  Employee badge or identification.
1803     (e)  Buyer's club identification.
1804     (f)  Debit or credit card.
1805     (g)  Military identification.
1806     (h)  Student identification.
1807     (i)  Retirement center identification.
1808     (j)  Neighborhood association identification.
1809     (k)  Entertainment identification.
1810     (l)  Public assistance identification as provided in s.
181197.0535(3)(a).
1812
1813If the picture identification does not contain the signature of
1814the voter, an additional identification that provides the
1815voter's signature shall be required. The elector shall sign his
1816or her name in the space provided on the precinct register or on
1817an electronic device provided for recording the voter's
1818signature., and The clerk or inspector shall compare the
1819signature with that on the identification provided by the
1820elector and enter his or her initials in the space provided on
1821the precinct register or on an electronic device provided for
1822that purpose and allow the elector to vote if the clerk or
1823inspector is satisfied as to the identity of the elector.
1824     (3)  If the elector who fails to furnish the required
1825identification is an elector subject to s. 97.0535 a first-time
1826voter who registered by mail and has not provided the required
1827identification to a voter registration official the supervisor
1828of elections prior to election day, the elector shall be allowed
1829to vote a provisional ballot. The canvassing board shall
1830determine the validity of the ballot pursuant to s. 101.048(2).
1831     Section 31.  Subsections (2) and (3) of section 101.045,
1832Florida Statutes, are amended to read:
1833     101.045  Electors must be registered in precinct;
1834provisions for residence or name change.--
1835     (2)(a)  An elector who moves from the precinct within the
1836county in which the elector is registered may be permitted to
1837vote in the precinct to which he or she has moved his or her
1838legal residence, provided such elector completes an affirmation
1839in substantially the following form:
1840
1841
Change of Legal Residence of Registered
1842
Voter
1843
1844Under penalties for false swearing, I,   (Name of voter)  ,
1845swear (or affirm) that the former address of my legal residence
1846was   (Address of legal residence)   in the municipality of
1847_____, in _____ County, Florida, and I was registered to vote in
1848the _____ precinct of _____ County, Florida; that I have not
1849voted in the precinct of my former registration in this
1850election; that I now reside at   (Address of legal residence)  
1851in the Municipality of _____, in _____ County, Florida, and am
1852therefore eligible to vote in the _____ precinct of _____
1853County, Florida; and I further swear (or affirm) that I am
1854otherwise legally registered and entitled to vote.
1855
1856  (Signature of voter whose address of legal residence has
1857changed)
1858
1859     (b)  An elector whose name changes because of marriage or
1860other legal process may be permitted to vote, provided such
1861elector completes an affirmation in substantially the following
1862form:
1863
1864
Change of Name of Registered
1865
Voter
1866
1867Under penalties for false swearing, I,   (New name of voter)  ,
1868swear (or affirm) that my name has been changed because of
1869marriage or other legal process. My former name and address of
1870legal residence appear on the registration records books of
1871precinct _____ as follows:
1872Name
1873Address
1874Municipality
1875County
1876Florida, Zip
1877My present name and address of legal residence are as follows:
1878Name
1879Address
1880Municipality
1881County
1882Florida, Zip
1883and I further swear (or affirm) that I am otherwise legally
1884registered and entitled to vote.
1885
1886  (Signature of voter whose name has changed)
1887
1888     (c)  Such affirmation, when completed and presented at the
1889precinct in which such elector is entitled to vote, and upon
1890verification of the elector's registration, shall entitle such
1891elector to vote as provided in this subsection. If the elector's
1892eligibility to vote cannot be determined, he or she shall be
1893entitled to vote a provisional ballot, subject to the
1894requirements and procedures in s. 101.048. Upon receipt of an
1895affirmation certifying a change in address of legal residence or
1896name, the supervisor shall as soon as practicable make the
1897necessary changes in the statewide voter registration system
1898records of the county to indicate the change in address of legal
1899residence or name of such elector.
1900     (d)  Instead of the affirmation contained in paragraph (a)
1901or paragraph (b), an elector may complete a voter registration
1902application that indicates the change of name or change of
1903address of legal residence.
1904     (e)  A request for an absentee ballot pursuant to s. 101.62
1905which indicates that the elector has had a change of address of
1906legal residence from that in the supervisor's records shall be
1907sufficient as the notice to the supervisor of change of address
1908of legal residence required by this section. Upon receipt of
1909such request for an absentee ballot from an elector who has
1910changed his or her address of legal residence, the supervisor
1911shall provide the elector with the proper ballot for the
1912precinct in which the elector then has his or her legal
1913residence.
1914     (3)  When an elector's name does not appear on the
1915registration books of the election precinct in which the elector
1916is registered, the elector may have his or her name restored if
1917the supervisor is otherwise satisfied that the elector is
1918validly registered, that the elector's name has been erroneously
1919omitted from the books, and that the elector is entitled to have
1920his or her name restored. The supervisor, if he or she is
1921satisfied as to the elector's previous registration, shall allow
1922such person to vote and shall thereafter issue a duplicate
1923registration identification card.
1924     Section 32.  Subsection (1) of section 101.048, Florida
1925Statutes, is amended to read:
1926     101.048  Provisional ballots.--
1927     (1)  At all elections, a voter claiming to be properly
1928registered in the state county and eligible to vote at the
1929precinct in the election, but whose eligibility cannot be
1930determined, and other persons specified in the code shall be
1931entitled to vote a provisional ballot. Once voted, the
1932provisional ballot shall be placed in a secrecy envelope and
1933thereafter sealed in a provisional ballot envelope. The
1934provisional ballot shall be deposited in a ballot box. All
1935provisional ballots shall remain sealed in their envelopes for
1936return to the supervisor of elections. The department shall
1937prescribe the form of the provisional ballot envelope.
1938     Section 33.  Subsection (1) of section 101.161, Florida
1939Statutes, is amended to read:
1940     101.161  Referenda; ballots.--
1941     (1)  Whenever a constitutional amendment or other public
1942measure is submitted to the vote of the people, the substance of
1943such amendment or other public measure shall be printed in clear
1944and unambiguous language on the ballot after the list of
1945candidates, followed by the word "yes" and also by the word
1946"no," and shall be styled in such a manner that a "yes" vote
1947will indicate approval of the proposal and a "no" vote will
1948indicate rejection. The wording of the substance of the
1949amendment or other public measure and the ballot title to appear
1950on the ballot shall be embodied in the joint resolution,
1951constitutional revision commission proposal, constitutional
1952convention proposal, taxation and budget reform commission
1953proposal, or enabling resolution or ordinance. Except for
1954amendments and ballot language proposed by joint resolution, the
1955substance of the amendment or other public measure shall be an
1956explanatory statement, not exceeding 75 words in length, of the
1957chief purpose of the measure. In addition, for every amendment
1958proposed by initiative, the ballot shall include, following the
1959ballot summary, a separate financial impact statement concerning
1960the measure prepared by the Financial Impact Estimating
1961Conference in accordance with s. 100.371(5)(6). The ballot title
1962shall consist of a caption, not exceeding 15 words in length, by
1963which the measure is commonly referred to or spoken of.
1964     Section 34.  Subsection (2) of section 101.56062, Florida
1965Statutes, as created by chapter 2002-281, Laws of Florida, is
1966amended to read:
1967     101.56062  Standards for accessible voting systems.--
1968     (2)  Such voting system must include at least one
1969accessible voter interface device installed in each polling
1970place precinct which meets the requirements of this section,
1971except for paragraph (1)(d).
1972     Section 35.  Subsection (1) of section 101.5608, Florida
1973Statutes, is amended to read:
1974     101.5608  Voting by electronic or electromechanical method;
1975procedures.--
1976     (1)  Each elector desiring to vote shall be identified to
1977the clerk or inspector of the election as a duly qualified
1978elector of such election and shall sign his or her name on the
1979in ink or indelible pencil to an identification blank, signature
1980slip, precinct register, or other form or device provided by the
1981supervisor ballot stub on which the ballot serial number may be
1982recorded. The inspector shall compare the signature with the
1983signature on the identification provided by the elector. If the
1984inspector is reasonably sure that the person is entitled to
1985vote, the inspector shall provide the person with a ballot.
1986     Section 36.  Subsections (7) and (8) of section 101.5614,
1987Florida Statutes, are amended to read:
1988     101.5614  Canvass of returns.--
1989     (7)  Absentee ballots and early voted ballots shall may be
1990counted by automatic tabulating equipment if they have been
1991marked in a manner that which will enable them to be properly
1992counted by such equipment and aggregated with the results for
1993each precinct.
1994     (8)  The return printed by the automatic tabulating
1995equipment, to which has been added the return of write-in,
1996absentee, early, and manually counted votes and votes from
1997provisional ballots, shall constitute the official return of the
1998election upon certification by the canvassing board. Upon
1999completion of the count, the returns shall be open to the
2000public. A copy of the returns may be posted at the central
2001counting place or at the office of the supervisor of elections
2002in lieu of the posting of returns at individual precincts.
2003     Section 37.  Effective August 1, 2006, section 101.573,
2004Florida Statutes, is created to read:
2005     101.573  Record of votes by precinct.--
2006     (1)  Within 75 days after the date of a municipal election
2007or runoff, whichever occurs later, a presidential preference
2008primary, or a general election, the supervisor of elections
2009shall file with the Department of State precinct-level election
2010results for that election cycle. Precinct-level election results
2011shall record for each precinct the returns tabulated at the
2012precinct location to which have been added the returns for the
2013precinct of absentee and early votes.
2014     (2)  The Department of State shall adopt rules pursuant to
2015ss. 120.536(1) and 120.54 prescribing the form by which
2016supervisors of elections shall submit election results for each
2017precinct.
2018     Section 38.  Paragraph (a) of subsection (4) of section
2019101.62, Florida Statutes, is amended to read:
2020     101.62  Request for absentee ballots.--
2021     (4)(a)  To each absent qualified elector overseas who has
2022requested an absentee ballot, the supervisor of elections shall,
2023not fewer than 35 days before the first primary election, mail
2024an absentee ballot. Not fewer than 45 days before the second
2025primary and general election, the supervisor of elections shall
2026mail an advance absentee ballot to those persons requesting
2027ballots for such elections. The advance absentee ballot for the
2028second primary shall be the same as the first primary absentee
2029ballot as to the names of candidates, except that for any
2030offices where there are only two candidates, those offices and
2031all political party executive committee offices shall be
2032omitted. Except as provided in ss. 99.063(4) and 100.371(5)(6),
2033the advance absentee ballot for the general election shall be as
2034specified in s. 101.151, except that in the case of candidates
2035of political parties where nominations were not made in the
2036first primary, the names of the candidates placing first and
2037second in the first primary election shall be printed on the
2038advance absentee ballot. The advance absentee ballot or advance
2039absentee ballot information booklet shall be of a different
2040color for each election and also a different color from the
2041absentee ballots for the first primary, second primary, and
2042general election. The supervisor shall mail an advance absentee
2043ballot for the second primary and general election to each
2044qualified absent elector for whom a request is received until
2045the absentee ballots are printed. The supervisor shall enclose
2046with the advance second primary absentee ballot and advance
2047general election absentee ballot an explanation stating that the
2048absentee ballot for the election will be mailed as soon as it is
2049printed; and, if both the advance absentee ballot and the
2050absentee ballot for the election are returned in time to be
2051counted, only the absentee ballot will be counted. The
2052Department of State may prescribe by rule the requirements for
2053preparing and mailing absentee ballots to absent qualified
2054electors overseas.
2055     Section 39.  Subsection (3) is added to section 101.64,
2056Florida Statutes, to read:
2057     101.64  Delivery of absentee ballots; envelopes; form.--
2058     (3)  The supervisor shall mark, code, track, or otherwise
2059indicate on each absentee ballot the precinct of the absent
2060elector.
2061     Section 40.  Paragraph (a) of subsection (1) of section
2062101.657, Florida Statutes, is amended to read:
2063     101.657  Early voting.--
2064     (1)(a)  The supervisor of elections shall allow an elector
2065to vote early in the main or branch office of the supervisor by
2066depositing the voted ballot in a voting device used by the
2067supervisor to collect or tabulate ballots. The supervisor shall
2068mark, code, track, or otherwise indicate on each early voted
2069ballot the precinct to which the ballot corresponds. In order
2070for a branch office to be used for early voting, it shall be a
2071full-service facility of the supervisor and shall have been
2072designated as such at least 1 year prior to the election. The
2073supervisor may designate any city hall or public library as
2074early voting sites; however, if so designated, the sites must be
2075geographically located so as to provide all voters in the county
2076an equal opportunity to cast a ballot, insofar as is
2077practicable. The results or tabulation may not be made before
2078the close of the polls on election day.
2079     Section 41.  Section 101.663, Florida Statutes, is amended
2080to read:
2081     101.663  Electors; change of residence to another state.--
2082     (1)  An elector who changes his or her residence to another
2083county in Florida from the county in Florida in which he or she
2084is registered as an elector after the books in the county to
2085which the elector has changed his or her residence are closed
2086for any general, primary, or special election shall be permitted
2087to vote absentee in the county of his or her former residence in
2088that election for President and Vice President, United States
2089Senator, statewide offices, and statewide issues. Such person
2090shall not be permitted to vote in the county of the person's
2091former residence after the general election.
2092     (2)  An elector registered in this state who moves his or
2093her permanent residence to another state and who is prohibited
2094by the laws of that state from voting for the offices of
2095President and Vice President of the United States shall be
2096permitted to vote absentee in the county of his or her former
2097residence for those offices.
2098     Section 42.  Subsection (1) of section 101.6921, Florida
2099Statutes, is amended to read:
2100     101.6921  Delivery of special absentee ballot to certain
2101first-time voters.--
2102     (1)  The provisions of this section apply to voters who are
2103subject to the provisions of s. 97.0535 registered to vote by
2104mail, who have not previously voted in the county, and who have
2105not provided the identification or certification required by s.
210697.0535 by the time the absentee ballot is mailed.
2107     Section 43.  Section 101.6923, Florida Statutes, is amended
2108to read:
2109     101.6923  Special absentee ballot instructions for certain
2110first-time voters.--
2111     (1)  The provisions of this section apply to voters who are
2112subject to the provisions of s. 97.0535 registered to vote by
2113mail, who have not previously voted in the county, and who have
2114not provided the identification or information required by s.
211597.0535 by the time the absentee ballot is mailed.
2116     (2)  A voter covered by this section shall be provided with
2117the following printed instructions with his or her absentee
2118ballot in substantially the following form:
2119
2120READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
2121BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
2122YOUR BALLOT NOT TO COUNT.
2123
2124     1.  In order to ensure that your absentee ballot will be
2125counted, it should be completed and returned as soon as possible
2126so that it can reach the supervisor of elections of the county
2127in which your precinct is located no later than 7 p.m. on the
2128date of the election.
2129     2.  Mark your ballot in secret as instructed on the ballot.
2130You must mark your own ballot unless you are unable to do so
2131because of blindness, disability, or inability to read or write.
2132     3.  Mark only the number of candidates or issue choices for
2133a race as indicated on the ballot. If you are allowed to "Vote
2134for One" candidate and you vote for more than one, your vote in
2135that race will not be counted.
2136     4.  Place your marked ballot in the enclosed secrecy
2137envelope and seal the envelope.
2138     5.  Insert the secrecy envelope into the enclosed envelope
2139bearing the Voter's Certificate. Seal the envelope and
2140completely fill out the Voter's Certificate on the back of the
2141envelope.
2142     a.  You must sign your name on the line above (Voter's
2143Signature).
2144     b.  If you are an overseas voter, you must include the date
2145you signed the Voter's Certificate on the line above (Date) or
2146your ballot may not be counted.
2147     6.  Unless you meet one of the exemptions in Item 7., you
2148must make a copy of one of the following forms of
2149identification:
2150     a.  Identification which must include your name and
2151photograph: current and valid Florida driver's license; Florida
2152identification card issued by the Department of Highway Safety
2153and Motor Vehicles; United States passport; employee badge or
2154identification; buyer's club identification card; debit or
2155credit card; military identification; student identification;
2156retirement center identification; neighborhood association
2157identification; entertainment identification; or public
2158assistance identification; or
2159     b.  Identification which shows your name and current
2160residence address: current utility bill, bank statement,
2161government check, paycheck, or government document (excluding
2162voter identification card).
2163     7.  The identification requirements of Item 6. do not apply
2164if you meet one of the following requirements:
2165     a.  You are 65 years of age or older.
2166     b.  You have a temporary or permanent physical disability.
2167     c.  You are a member of a uniformed service on active duty
2168who, by reason of such active duty, will be absent from the
2169county on election day.
2170     d.  You are a member of the Merchant Marine who, by reason
2171of service in the Merchant Marine, will be absent from the
2172county on election day.
2173     e.  You are the spouse or dependent of a member referred to
2174in paragraph c. or paragraph d. who, by reason of the active
2175duty or service of the member, will be absent from the county on
2176election day.
2177     f.  You are currently residing outside the United States.
2178     8.  Place the envelope bearing the Voter's Certificate into
2179the mailing envelope addressed to the supervisor. Insert a copy
2180of your identification in the mailing envelope. DO NOT PUT YOUR
2181IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2182INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2183BALLOT WILL NOT COUNT.
2184     9.  Mail, deliver, or have delivered the completed mailing
2185envelope. Be sure there is sufficient postage if mailed.
2186     10.  FELONY NOTICE. It is a felony under Florida law to
2187accept any gift, payment, or gratuity in exchange for your vote
2188for a candidate. It is also a felony under Florida law to vote
2189in an election using a false identity or false address, or under
2190any other circumstances making your ballot false or fraudulent.
2191     Section 44.  Subsection (3) of section 102.012, Florida
2192Statutes, is amended to read:
2193     102.012  Inspectors and clerks to conduct elections.--
2194     (3)  The supervisor shall furnish inspectors of election
2195for each precinct with the list of registered electors for that
2196precinct registration books divided alphabetically as will best
2197facilitate the holding of an election. The supervisor shall also
2198furnish to the inspectors of election at the polling place at
2199each precinct in the supervisor's county a sufficient number of
2200forms and blanks for use on election day.
2201     Section 45.  Subsections (1), (2), and (3) of section
2202104.013, Florida Statutes, are amended to read:
2203     104.013  Unauthorized use, possession, or destruction of
2204voter information registration identification card.--
2205     (1)  It is unlawful for any person knowingly to have in his
2206or her possession any blank, forged, stolen, fictitious,
2207counterfeit, or unlawfully issued voter information registration
2208identification card unless possession by such person has been
2209duly authorized by the supervisor.
2210     (2)  It is unlawful for any person to barter, trade, sell,
2211or give away a voter information registration identification
2212card unless said person has been duly authorized to issue a
2213voter information registration identification card.
2214     (3)  It is unlawful for any person willfully to destroy or
2215deface the information registration identification card of a
2216duly registered voter.
2217     Section 46.  Section 106.23, Florida Statutes, is amended
2218to read:
2219     106.23  Powers of the Division of Elections.--
2220     (1)  In order to carry out the responsibilities prescribed
2221by s. 106.22, the Division of Elections is empowered to subpoena
2222and bring before its duly authorized representatives any person
2223in the state, or any person doing business in the state, or any
2224person who has filed or is required to have filed any
2225application, document, papers, or other information with an
2226office or agency of this state or a political subdivision
2227thereof and to require the production of any papers, books, or
2228other records relevant to any investigation, including the
2229records and accounts of any bank or trust company doing business
2230in this state. Duly authorized representatives of the division
2231are empowered to administer all oaths and affirmations in the
2232manner prescribed by law to witnesses who shall appear before
2233them concerning any relevant matter. Should any witness fail to
2234respond to the lawful subpoena of the division or, having
2235responded, fail to answer all lawful inquiries or to turn over
2236evidence that has been subpoenaed, the division may file a
2237complaint before any circuit court of the state setting up such
2238failure on the part of the witness. On the filing of such
2239complaint, the court shall take jurisdiction of the witness and
2240the subject matter of said complaint and shall direct the
2241witness to respond to all lawful questions and to produce all
2242documentary evidence in the witness's possession which is
2243lawfully demanded. The failure of any witness to comply with
2244such order of the court shall constitute a direct and criminal
2245contempt of court, and the court shall punish said witness
2246accordingly. However, the refusal by a witness to answer
2247inquiries or turn over evidence on the basis that such testimony
2248or material will tend to incriminate such witness shall not be
2249deemed refusal to comply with the provisions of this chapter.
2250     (2)  The Division of Elections shall provide advisory
2251opinions when requested by any supervisor of elections,
2252candidate, local officer having election-related duties,
2253political party, political committee, committee of continuous
2254existence, or other person or organization engaged in political
2255activity, relating to any provisions or possible violations of
2256Florida election laws with respect to actions such supervisor,
2257candidate, local officer having election-related duties,
2258political party, committee, person, or organization has taken or
2259proposes to take. Requests for advisory opinions must be
2260submitted in accordance with rules adopted by the Department of
2261State. A written record of all such opinions issued by the
2262division, sequentially numbered, dated, and indexed by subject
2263matter, shall be retained. A copy shall be sent to said person
2264or organization upon request. Any such person or organization,
2265acting in good faith upon such an advisory opinion, shall not be
2266subject to any criminal penalty provided for in this chapter.
2267The opinion, until amended or revoked, shall be binding on any
2268person or organization who sought the opinion or with reference
2269to whom the opinion was sought, unless material facts were
2270omitted or misstated in the request for the advisory opinion.
2271     (3)(a)  If the Secretary of State finds that a lack of
2272uniformity in the application of the provisions of the Florida
2273Election Code or rules adopted thereunder exists within the
2274state, the secretary, through the Division of Elections, shall
2275have the authority to issue a statement of interpretation of the
2276election laws to the supervisors of elections, the county
2277canvassing boards, or any other officials performing election-
2278related duties or responsibilities pursuant to the Florida
2279Election Code. A statement issued pursuant to this subsection
2280shall describe the basis for the determination that a lack of
2281uniformity exists in the application of the Florida Election
2282Code or the rules adopted thereunder and shall provide direction
2283as to the statutory requirements of the Florida Election Code
2284and any applicable rules with regard to the matter in which the
2285lack of uniformity exists. Such statement shall constitute the
2286Secretary of State's official interpretation of the provisions
2287of the Florida Election Code or the rules adopted thereunder for
2288the purpose of maintaining the uniform application, operation,
2289and interpretation of the election laws as required by s.
229097.012(1). Such statement shall be binding on supervisors of
2291elections, county canvassing boards, and other officials
2292performing election-related duties or responsibilities pursuant
2293to the Florida Election Code upon issuance and shall remain
2294binding unless amended or revoked by the secretary or set aside
2295by a court of competent jurisdiction or unless the relevant
2296provisions of the Florida Election Code or the rules adopted
2297thereunder upon which the interpretation is based are repealed.
2298     (b)  Within 5 days after the issuance of a statement, any
2299supervisor of elections, county canvassing board member, or
2300other official subject to the statement may request
2301reconsideration of the statement by the Secretary of State. Such
2302request must be in writing and shall specify the legal and
2303factual basis upon which the request for reconsideration is
2304made. The foregoing constitutes a condition precedent for any
2305supervisor of elections, county canvassing board member, or
2306other official subject to a statement to file an appeal pursuant
2307to paragraph (c). Within 3 business days after receipt of the
2308written request for reconsideration, the division shall issue a
2309response granting or denying the request for reconsideration.
2310Such response shall uphold the statement in its entirety, modify
2311the statement, or rescind the statement. If the response
2312modifies the statement, the response shall constitute a new
2313statement of interpretation for purposes of paragraphs (a) and
2314(c). If more than one properly filed request for reconsideration
2315is received, the division may consolidate the requests for the
2316purpose of granting or denying such requests.
2317     (c)  Within 20 days after the issuance of a statement, any
2318supervisor of elections, county canvassing board member, or
2319other official subject to the statement may file a notice of
2320appeal or petition for review in accordance with the Florida
2321Rules of Appellate Procedure with the First District Court of
2322Appeals. The court shall only set aside the statement when it
2323finds that the statement is clearly erroneous or inconsistent
2324with prior statements of interpretations issued pursuant to this
2325subsection and deviation therefrom is not explained by the
2326secretary. In the event that the court sets aside a statement
2327issued pursuant to this subsection, the court shall remand its
2328decision to the secretary, who shall issue a revised statement
2329consistent with the ruling of the court.
2330     (d)  The secretary shall be the only proper party defendant
2331to any action brought challenging the validity or legality of
2332any statement issued by the secretary. Any person acting in good
2333faith in conformity with a statement issued by the secretary
2334shall not be subject to civil suit for such action or any
2335criminal penalty provided for in this chapter.
2336     (e)  Any supervisor of elections, county canvassing board
2337member, or other official having election-related duties who
2338willfully fails to comply with a binding statement issued
2339pursuant to this subsection shall be subject to the penalties
2340contained in s. 104.051(2). Only the secretary may file a
2341complaint with the Florida Elections Commission alleging willful
2342failure to follow a binding statement. A member of a county
2343canvassing board shall not be subject to the penalties contained
2344in s. 104.051(2) if the member was not on the prevailing side of
2345a vote of the county canvassing board that is contrary to a
2346binding statement.
2347     (4)  A written record of all advisory opinions and
2348statements of interpretation of the election laws issued by the
2349Division of Elections, sequentially numbered, dated, and indexed
2350by subject matter, shall be retained. A copy shall be sent to
2351any person or organization upon request.
2352     (5)  Advisory opinions or statements of interpretation of
2353the election laws are exempt from the provisions of chapter 120.
2354     Section 47.  Section 196.141, Florida Statutes, is amended
2355to read:
2356     196.141  Homestead exemptions; duty of property
2357appraiser.--
2358     (1)  The property appraiser shall examine each claim for
2359exemption filed with or referred to him or her and shall allow
2360the same, if found to be in accordance with law, by marking the
2361same approved and by making the proper deductions on the tax
2362books.
2363     (2)  The property appraiser shall examine each referral, of
2364a person registering to vote at an address different from the
2365one where the person has filed for a homestead exemption, which
2366has been provided by a supervisor of elections pursuant to s.
236798.015. The property appraiser shall initiate procedures to
2368terminate a person's homestead exemption and assess back taxes,
2369if appropriate, if the person claiming such exemption is not
2370entitled to the exemption under law.
2371     Section 48.  Sections 98.055, 98.095, 98.0977, 98.0979,
237298.101, 98.181, 98.231, 98.451, 98.481, and 101.635, Florida
2373Statutes, are repealed.
2374     Section 49.  Except as otherwise provided herein, this act
2375shall take effect January 1, 2006.


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