HB 1589

CS

CHAMBER ACTION

1	The State Administration Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to elections; amending s. 97.012, F.S.;
7	authorizing the Secretary of State to delegate voter
8	registration and records maintenance duties to voter
9	registration officials; amending s. 97.021, F.S.; revising
10	and providing definitions; amending s. 97.026, F.S.;
11	correcting a cross reference; amending s. 97.051, F.S.;
12	revising the oath taken by a person registering to vote;
13	amending s. 97.052, F.S.; requiring the uniform statewide
14	voter registration application be accepted for replacement
15	of a voter information card and signature update; revising
16	the information the uniform statewide voter registration
17	application must contain and must elicit from the
18	applicant; amending s. 97.053, F.S.; revising the criteria
19	for completeness of a voter registration application;
20	specifying the possible valid recipients of a mailed voter
21	registration application; revising the information needed
22	on a voter registration application to establish an
23	applicant's eligibility; providing for verification of
24	authenticity of certain voter registration application
25	information; providing for a provisional ballot to be
26	provided to an applicant if the application is not
27	verified by a certain date; requiring a voter registration
28	official to enter all voter registration applications into
29	the voter registration system within a certain time period
30	and forward such applications to the supervisor of
31	elections; amending s. 97.0535, F.S.; providing for
32	applicants who have no valid Florida driver's license,
33	identification card, or social security number; amending
34	s. 97.055, F.S.; specifying the information updates
35	permitted for purposes of an upcoming election once
36	registration books are closed; amending s. 97.057, F.S.;
37	revising the voter registration procedure by the
38	Department of Highway Safety and Motor Vehicles; amending
39	s. 97.058, F.S.; revising duties of voter registration
40	agencies; amending s. 97.061, F.S.; revising special
41	registration procedures for electors requiring assistance;
42	amending s. 97.071, F.S.; redesignating the registration
43	identification card as the voter information card;
44	revising the required contents of the card; amending s.
45	97.073, F.S.; revising the procedure by which an applicant
46	must supply missing information on the voter registration
47	application; revising provisions relating to cancellation
48	of previous registration; amending s. 97.1031, F.S.;
49	revising provisions relating to notice of change of
50	residence, name, or party affiliation; amending s. 97.105,
51	F.S., relating to establishment of the permanent single
52	registration system, to conform; amending s. 98.015, F.S.;
53	revising the duties of supervisors of elections; creating
54	s. 98.035, F.S.; establishing a statewide voter
55	registration system; requiring the Secretary of State to
56	be responsible for the implementation, operation, and
57	maintenance of the system; prohibiting the department from
58	contracting with any other entity to operate the system;
59	authorizing the department to adopt rules relating to the
60	access, use, and operation of the system; amending s.
61	98.045, F.S.; revising provisions relating to
62	administration of voter registration; providing for the
63	responsibility of such administration to be undertaken by
64	the department in lieu of supervisors of elections;
65	specifying ineligibility criteria; revising provisions
66	relating to removal of registered voters; revising
67	provisions relating to public records access and
68	retention; providing for the establishment of a statewide
69	electronic database of valid residential street addresses;
70	authorizing the department to adopt rules relating to
71	certain voter registration system forms; amending s.
72	98.065, F.S.; revising provisions relating to registration
73	records maintenance; providing for change of address;
74	providing limitations on notice and renewal; requiring
75	supervisors of elections to certify to the department
76	certain list maintenance activities; providing penalties;
77	amending s. 98.075, F.S.; providing for registration
78	records maintenance by the department; providing for
79	duplicate registration; providing for deceased persons;
80	providing for adjudication of mental incapacity; providing
81	for felony conviction; providing for other bases for
82	ineligibility; providing procedures for removal; requiring
83	supervisors of elections to certify to the department
84	certain registration records maintenance activities;
85	creating s. 98.0755, F.S.; providing for appeal of a
86	determination of ineligibility; providing for
87	jurisdiction, burden of proof, and trial costs; amending
88	s. 98.077, F.S.; revising provisions relating to updating
89	a voter's signature; amending s. 98.081, F.S., relating to
90	removal of names from the statewide voter registration
91	system, to conform; amending s. 98.093, F.S.; revising the
92	duty of officials to furnish lists of deceased persons,
93	persons adjudicated mentally incapacitated, and persons
94	convicted of a felony; creating s. 98.0981, F.S.;
95	requiring the department to establish and maintain a
96	statewide voter registration database and provide such
97	database to the Legislature; specifying the required
98	contents of the database; amending s. 98.212, F.S.,
99	relating to furnishing of statistical and other
100	information, to conform; amending s. 98.461, F.S;
101	authorizing use of an electronic database as a precinct
102	register and use of an electronic device for voter
103	signatures and witness initials; amending s. 100.371,
104	F.S.; revising the procedure by which constitutional
105	amendments proposed by initiative shall be placed on the
106	ballot; amending s. 101.001, F.S.; providing requirements
107	relating to maps of new precincts; revising procedural
108	requirements of supervisors of elections relating to
109	precincts and precinct maps; amending s. 101.043, F.S.;
110	revising requirements and procedures relating to
111	identification required at polls; amending s. 101.045,
112	F.S., relating to provisions for residence or name change
113	at the polls, to conform; amending s. 101.048, F.S.,
114	relating to provisional ballots, to conform; amending s.
115	101.161, F.S.; correcting a cross reference; amending s.
116	101.56062, F.S., relating to standards for accessible
117	voting systems, to conform;  amending s. 101.5608, F.S.;
118	revising a provision relating to an elector's signature
119	provided with identification prior to voting; amending s.
120	101.5614, F.S.; providing for automatic tabulation of
121	early voted ballots; including early voted ballots within
122	the official return of an election; creating s. 101.573,
123	F.S.; requiring supervisors of elections to file precinct-
124	level election results; requiring the Department of State
125	to adopt rules; amending s. 101.62, F.S.; correcting a
126	cross reference; amending ss. 101.64 and 101.657, F.S.;
127	requiring that the supervisor of elections indicate on
128	each absentee or early voted ballot the precinct of the
129	voter; amending s. 101.663, F.S., relating to change or
130	residence, to conform; amending s. 101.6921, F.S.,
131	relating to delivery of special absentee ballots to
132	certain first-time voters, to conform; amending s.
133	101.6923, F.S., relating to special absentee ballot
134	instructions for certain first-time voters, to conform;
135	amending s. 102.012, F.S., relating to conduct of
136	elections by inspectors and clerks, to conform; amending
137	s. 104.013, F.S., relating to unauthorized use,
138	possession, or destruction of voter information cards, to
139	conform; amending s. 106.23, F.S.; authorizing the
140	Secretary of State to issue statements of interpretation
141	on the election law in certain specified instances;
142	providing for reconsideration and appeal of such
143	statements; providing penalties for failure to comply with
144	such statements; amending s. 196.141, F.S., relating to
145	homestead exemptions and duties of property appraisers, to
146	conform; repealing s. 98.055, F.S., relating to
147	registration list maintenance forms; repealing s. 98.095,
148	F.S., relating to county registers open to inspection and
149	copies; repealing s. 98.0977, F.S., relating to the
150	statewide voter registration database and its operation
151	and maintenance; repealing s. 98.0979, F.S., relating to
152	inspection of the statewide voter registration; repealing
153	s. 98.101, F.S., relating to specifications for permanent
154	registration binders, files, and forms; repealing s.
155	98.181, F.S., relating to duty of the supervisor of
156	elections to make up indexes or records; repealing s.
157	98.231, F.S., relating to duty of the supervisor of
158	elections to furnish the department the number of
159	registered electors; repealing s. 98.451, F.S., relating
160	to automation in processing registration data; repealing
161	s. 98.481, F.S., relating to challenges to electors;
162	repealing s. 101.635, F.S., relating to distribution of
163	blocks of printed ballots; providing effective dates.
164
165	Be It Enacted by the Legislature of the State of Florida:
166
167	Section 1.  Subsection (11) of section 97.012, Florida
168	Statutes, is amended to read:
169	97.012  Secretary of State as chief election officer.--The
170	Secretary of State is the chief election officer of the state,
171	and it is his or her responsibility to:
172	(11)  Create and administer maintain a statewide voter
173	registration system as required by the Help America Vote Act of
174	2002 database. The secretary is authorized to delegate voter
175	registration duties and records maintenance activities to voter
176	registration officials. Any responsibilities delegated by the
177	secretary shall be performed in accordance with state and
178	federal law.
179	Section 2.  Subsection (13) of section 97.021, Florida
180	Statutes, is amended, subsections (38) and (39) are renumbered
181	as subsections (39) and (40), and a new subsection (38) is added
182	to said section, to read:
183	97.021  Definitions.--For the purposes of this code, except
184	where the context clearly indicates otherwise, the term:
185	(13)  "Lists of registered electors" means names and
186	associated information copies of printed lists of registered
187	electors maintained by the department in the statewide voter
188	registration system or generated or derived from the statewide
189	voter registration system. Lists may be produced in printed or
190	electronic format, computer tapes or disks, or any other device
191	used by the supervisor of elections to maintain voter records.
192	(38)  "Voter registration official" means any supervisor of
193	elections or individual authorized by the Secretary of State to
194	accept voter registration applications and execute updates to
195	the statewide voter registration system.
196	Section 3.  Section 97.026, Florida Statutes, is amended to
197	read:
198	97.026  Forms to be available in alternative formats and
199	via the Internet.--It is the intent of the Legislature that all
200	forms required to be used in chapters 97-106 shall be made
201	available upon request, in alternative formats. Such forms shall
202	include absentee ballots as alternative formats for such ballots
203	become available and the Division of Elections is able to
204	certify systems that provide them. Whenever possible, such
205	forms, with the exception of absentee ballots, shall be made
206	available by the Department of State via the Internet. Sections
207	that contain such forms include, but are not limited to, ss.
208	97.051, 97.052, 97.053, 97.057, 97.058, 97.0583, 97.071, 97.073,
209	97.1031, 98.055, 98.075, 99.021, 100.361, 100.371, 101.045,
210	101.171, 101.20, 101.6103, 101.62, 101.64, 101.65, 101.657,
211	105.031, 106.023, and 106.087.
212	Section 4.  Section 97.051, Florida Statutes, is amended to
213	read:
214	97.051  Oath upon registering.--A person registering to
215	vote must subscribe to the following oath: "I do solemnly swear
216	(or affirm) that I will protect and defend the Constitution of
217	the United States and the Constitution of the State of Florida,
218	that I am qualified to register as an elector under the
219	Constitution and laws of the State of Florida, and that all
220	information provided in this application is true I am a citizen
221	of the United States and a legal resident of Florida."
222	Section 5.  Section 97.052, Florida Statutes, is amended to
223	read:
224	97.052  Uniform statewide voter registration application.--
225	(1)  The department shall prescribe a uniform statewide
226	voter registration application for use in this state.
227	(a)  The uniform statewide voter registration application
228	must 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
234	identification card.
235	6.  Signature update.
236	(b)  The department is responsible for printing the uniform
237	statewide voter registration application and the voter
238	registration application form prescribed by the Federal Election
239	Assistance Commission pursuant to federal law the National Voter
240	Registration Act of 1993. The applications and forms must be
241	distributed, upon request, to the following:
242	1.  Individuals seeking to register to vote or update a
243	voter registration record.
244	2.  Individuals or groups conducting voter registration
245	programs. A charge of 1 cent per application shall be assessed
246	on 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
252	available in the following manner:
253	a.  By distributing the applications and forms in their
254	offices to any individual or group.
255	b.  By distributing the applications and forms at other
256	locations designated by each supervisor.
257	c.  By mailing the applications and forms to applicants
258	upon the request of the applicant.
259	(c)  The uniform statewide voter registration application
260	may be reproduced by any private individual or group, provided
261	the reproduced application is in the same format as the
262	application prescribed under this section.
263	(2)  The uniform statewide voter registration application
264	must be designed to elicit the following information from the
265	applicant:
266	(a)  Last, first, and middle Full name, including any
267	suffix.
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
273	granted a homestead exemption, if any.
274	(f)(g)  Race or ethnicity that best describes the
275	applicant:
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
287	number.
288	(m)(n)  Florida driver's license number or the
289	identification number from a Florida identification card issued
290	under s. 322.051.
291	(n)  An indication, if applicable, that the applicant has
292	not been issued a Florida driver's license, a Florida
293	identification card, or a social security number.
294	(o)  Telephone number (optional).
295	(p)  Signature of applicant under penalty for false
296	swearing pursuant to s. 104.011, by which the person subscribes
297	to the oath required by s. 3, Art. VI of the State Constitution
298	and s. 97.051, and swears or affirms that the information
299	contained in the registration application is true.
300	(q)  Whether the application is being used for initial
301	registration, to update a voter registration record, or to
302	request a replacement voter information registration
303	identification card.
304	(r)  Whether the applicant is a citizen of the United
305	States by asking the question "Are you a citizen of the United
306	States of America?" and providing boxes for the applicant to
307	check to indicate whether the applicant is or is not a citizen
308	of the United States.
309	(s)  Whether That the applicant has not been convicted of a
310	felony, and or, if convicted, has had his or her civil rights
311	restored by including the statement "I affirm I am not a
312	convicted felon or, if I am, my rights relating to voting have
313	been restored." and providing a box for the applicant to check
314	to affirm the statement.
315	(t)  Whether That the applicant has not been adjudicated
316	mentally incapacitated with respect to voting or, if so
317	adjudicated, has had his or her right to vote restored by
318	including the statement "I affirm I have not been adjudicated
319	mentally incapacitated with respect to voting or, if I have, my
320	competency has been restored." and providing a box for the
321	applicant to check to affirm the statement.
322
323	The registration application form must be in plain language and
324	designed so that convicted felons whose civil rights have been
325	restored and persons who have been adjudicated mentally
326	incapacitated and have had their voting rights restored are not
327	required to reveal their prior conviction or adjudication.
328	(3)  The uniform statewide voter registration application
329	must also contain:
330	(a)  The oath required by s. 3, Art. VI of the State
331	Constitution and s. 97.051.
332	(b)  A statement specifying each eligibility requirement
333	under s. 97.041.
334	(c)  The penalties provided in s. 104.011 for false
335	swearing in connection with voter registration.
336	(d)  A statement that, if an applicant declines to register
337	to vote, the fact that the applicant has declined to register
338	will remain confidential and may be used only for voter
339	registration purposes.
340	(e)  A statement that informs the applicant who chooses to
341	register to vote or update a voter registration record that the
342	office at which the applicant submits a voter registration
343	application or updates a voter registration record will remain
344	confidential and may be used only for voter registration
345	purposes.
346	(f)  A statement that informs the applicant that any person
347	who has been granted a homestead exemption in this state, and
348	who registers to vote in any precinct other than the one in
349	which the property for which the homestead exemption has been
350	granted, shall have that information forwarded to the property
351	appraiser where such property is located, which may result in
352	the person's homestead exemption being terminated and the person
353	being subject to assessment of back taxes under s. 193.092,
354	unless the homestead granted the exemption is being maintained
355	as the permanent residence of a legal or natural dependent of
356	the owner and the owner resides elsewhere.
357	(f)(g)  A statement informing an the applicant who has not
358	been issued a Florida driver's license, a Florida identification
359	card, or a social security number that if the application form
360	is submitted by mail and the applicant is registering for the
361	first time in this state, the applicant will be required to
362	provide identification prior to voting the first time.
363	(4)  A supervisor may produce a voter registration
364	application that has the supervisor's direct mailing address if
365	the department has reviewed the application and determined that
366	it is substantially the same as the uniform statewide voter
367	registration application.
368	(5)  The voter registration application form prescribed by
369	the Federal Election Assistance Commission pursuant to federal
370	law the National Voter Registration Act of 1993 or the federal
371	postcard application must be accepted as an application for
372	registration in this state if the completed application or
373	postcard application contains the information required by the
374	constitution and laws of this state.
375	Section 6.  Section 97.053, Florida Statutes, is amended to
376	read:
377	97.053  Acceptance of voter registration applications.--
378	(1)  Voter registration applications, changes in
379	registration, and requests for a replacement voter information
380	registration identification card must be accepted in the office
381	of any supervisor, the division, a driver license office, a
382	voter registration agency, or an armed forces recruitment office
383	when hand delivered by the applicant or a third party during the
384	hours that office is open or when mailed.
385	(2)  A completed voter registration application is complete
386	and that contains the information necessary to establish an
387	applicant's eligibility pursuant to s. 97.041 becomes the
388	official voter registration record of that applicant when all
389	information necessary to establish the applicant's eligibility
390	pursuant to s. 97.041 is received by a voter registration
391	official and verified pursuant to subsection (6) the appropriate
392	supervisor. If the applicant fails to complete his or her voter
393	registration application prior to the date of book closing for
394	an election, then such applicant shall not be eligible to vote
395	in that election.
396	(3)  The registration date for a valid initial voter
397	registration application that has been hand delivered is the
398	date that the application is when received by a driver license
399	office, a voter registration agency, an armed forces recruitment
400	office, the division, or the office of any supervisor in the
401	state.
402	(4)  The registration date for a valid initial voter
403	registration application that has been mailed to a driver
404	license office, a voter registration agency, an armed forces
405	recruitment office, the division, or the office of any
406	supervisor in the state and bears a clear postmark is that the
407	date of the postmark. If an initial voter registration
408	application that has been mailed does not bear a postmark or if
409	the postmark is unclear, the registration date is the date the
410	application registration is received by any supervisor or the
411	division, unless it is received within 5 days after the closing
412	of the books for an election, excluding Saturdays, Sundays, and
413	legal holidays, in which case the registration date is the book-
414	closing date.
415	(5)(a)  A voter registration application is complete if it
416	contains all information necessary to establish the applicant's
417	eligibility 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
422	applicant is a citizen of the United States.
423	5.a.  The applicant's current and valid Florida driver's
424	license number or, the identification number from a Florida
425	identification card issued under s. 322.051, or
426	b.  If the applicant has not been issued a current and
427	valid Florida driver's license or a Florida identification card,
428	the last four digits of the applicant's social security number.
429	c.  In case an applicant has not been issued a current and
430	valid Florida driver's license, Florida identification card, or
431	social security number, the applicant shall affirm this fact in
432	the manner prescribed in the uniform statewide voter
433	registration application.
434	6.  A mark in the checkbox affirming An indication that the
435	applicant has not been convicted of a felony or that, if
436	convicted, has had his or her civil rights restored.
437	7.  A mark in the checkbox affirming An indication that the
438	applicant has not been adjudicated mentally incapacitated with
439	respect to voting or that, if so adjudicated, has had his or her
440	right to vote restored.
441	8.  Original signature or a digital signature transmitted
442	by the Department of Highway Safety and Motor Vehicles of the
443	applicant swearing or affirming under the penalty for false
444	swearing pursuant to s. 104.011 that the information contained
445	in the registration application is true and subscribing to the
446	oath required by s. 3, Art. VI of the State Constitution and s.
447	97.051.
448	(b)  An applicant who fails to designate party affiliation
449	must be registered without party affiliation. The supervisor
450	must notify the voter by mail that the voter has been registered
451	without party affiliation and that the voter may change party
452	affiliation as provided in s. 97.1031.
453	(6)  A voter registration application may be accepted as
454	valid only after the department has verified the authenticity or
455	nonexistence of the driver's license number, the Florida
456	identification card number, or the last four digits of the
457	social security number provided by the applicant. If a completed
458	voter registration application has been received by the book-
459	closing deadline but the driver's license number, the Florida
460	identification card number, or the last four digits of the
461	social security number provided by the applicant cannot be
462	verified prior to the applicant presenting himself or herself to
463	vote, the applicant shall be provided a provisional ballot. The
464	provisional ballot shall only be counted if the application is
465	verified by the end of the canvassing period or if the applicant
466	presents evidence to the supervisor of elections sufficient to
467	verify the authenticity of the driver's license number, Florida
468	identification card number, or last four digits of the social
469	security number provided on the application no later than 5 p.m.
470	of the third day following the election.
471	(7)  All voter registration applications received by a
472	voter registration official shall be entered into the statewide
473	voter registration system within 15 days after receipt. Once
474	entered, the application shall be immediately forwarded to the
475	appropriate supervisor of elections.
476	Section 7.  Subsections (1), (2), and (3) of section
477	97.0535, 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
480	previously voted in the state and who the department has
481	verified has not been issued a current and valid Florida
482	driver's license, Florida identification card, or social
483	security number county shall be required to provide a copy of a
484	current and valid identification, as provided in subsection (3),
485	or indicate that he or she is exempt from the requirements prior
486	to voting. Such The applicant may provide the identification or
487	indication may be provided at the time of registering, or at any
488	time prior to voting for the first time in the state county. If
489	the voter registration application clearly provides information
490	from which a voter registration official the supervisor can
491	determine that the applicant meets at least one of the
492	exemptions in subsection (4), the voter registration official
493	supervisor shall make the notation on the registration records
494	of the statewide voter registration system and the applicant
495	shall not be required to provide the identification required by
496	this section further information that is required of first time
497	voters who register by mail.
498	(2)  The voter registration official supervisor of
499	elections shall, upon accepting the voter registration
500	application submitted pursuant to subsection (1) for an
501	applicant who registered by mail and who has not previously
502	voted in the county, determine if the applicant provided the
503	required identification at the time of registering. If the
504	required identification was not provided, the supervisor shall
505	notify the applicant that he or she must provide the
506	identification prior to voting the first time in the state
507	county.
508	(3)(a)  The following forms of identification shall be
509	considered current and valid if they contain the name and
510	photograph of the applicant and have not expired:
511	1.  Florida driver's license.
512	2.  Florida identification card issued by the Department of
513	Highway 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	11.  Entertainment identification.
523	9.12.  Public assistance identification.
524	(b)  The following forms of identification shall be
525	considered current and valid if they contain the name and
526	current 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
532	identification card).
533	Section 8.  Subsection (1) of section 97.055, Florida
534	Statutes, 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
537	before each election and must remain closed until after that
538	election. If an election is called and there are fewer than 29
539	days before that election, the registration books must be closed
540	immediately. When the registration books are closed for an
541	election, only updates to a voter's name, address, and signature
542	pursuant to ss. 98.077 and 101.045 will be permitted for
543	purposes of the upcoming election. Voter registration
544	applications and party changes must be accepted but only for the
545	purpose of subsequent elections. However, party changes received
546	between the book-closing date of the first primary election and
547	the date of the second primary election are not effective until
548	after the second primary election.
549	Section 9.  Section 97.057, Florida Statutes, is amended to
550	read:
551	97.057  Voter registration by the Department of Highway
552	Safety and Motor Vehicles.--
553	(1)  The Department of Highway Safety and Motor Vehicles
554	shall provide the opportunity to register to vote or to update a
555	voter registration record to each individual who comes to an
556	office 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
559	chapter 322; or
560	(c)  Change an address on an existing driver's license or
561	identification card.
562	(2)  The Department of Highway Safety and Motor Vehicles
563	shall:
564	(a)  Notify each individual, orally or in writing, that:
565	1.  Information gathered for the completion of a driver's
566	license or identification card application, renewal, or change
567	of address can be automatically transferred to a voter
568	registration application;
569	2.  If additional information and a signature are provided,
570	the voter registration application will be completed and sent to
571	the proper election authority;
572	3.  Information provided can also be used to update a voter
573	registration record;
574	4.  All declinations will remain confidential and may be
575	used only for voter registration purposes; and
576	5.  The particular driver license office in which the
577	person applies to register to vote or updates a voter
578	registration record will remain confidential and may be used
579	only for voter registration purposes.
580	(b)  Require a driver's license examiner to inquire orally,
581	or, if the applicant is hearing impaired, inquire in writing if
582	the applicant is hearing impaired, and whether the applicant
583	wishes to register to vote or update a voter registration record
584	during the completion of a driver's license or identification
585	card application, renewal, or change of address.
586	1.  If the applicant chooses to register to vote or to
587	update a voter registration record:
588	a.  All applicable information received by the Department
589	of Highway Safety and Motor Vehicles in the course of filling
590	out the forms necessary under subsection (1) must be transferred
591	to a voter registration application.;
592	b.  The additional necessary information must be obtained
593	by the driver's license examiner and must not duplicate any
594	information already obtained while completing the forms required
595	under subsection (1).; and
596	c.  A voter registration application with all of the
597	applicant's voter registration information required to establish
598	the applicant's eligibility pursuant to s. 97.041 must be
599	presented to the applicant to review and verify the voter
600	registration information received and provide an electronic
601	signature affirming the accuracy of the information provided
602	sign.
603	2.  If the applicant declines to register to vote, update
604	the applicant's voter registration record, or change the
605	applicant's address by either orally declining or by failing to
606	sign the voter registration application, the Department of
607	Highway Safety and Motor Vehicles must note such declination on
608	its records and shall forward the declination to the statewide
609	voter registration system keep the declination for 2 years but
610	must forward a copy of the unsigned voter registration
611	application within 5 days after receipt to the appropriate
612	supervisor of elections.
613	(3)  For the purpose of this section, the Department of
614	Highway Safety and Motor Vehicles, with the approval of the
615	Department of State, shall prescribe:
616	(a)  A voter registration application that is the same in
617	content, format, and size as the uniform statewide voter
618	registration 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
622	must electronically transmit forward completed voter
623	registration applications within 24 hours after receipt to the
624	statewide voter registration system. Completed paper voter
625	registration applications received by the Department of Highway
626	Safety and Motor Vehicles shall be forwarded within 5 days after
627	receipt to the supervisor of the county where the office that
628	processed or received that application is located.
629	(5)  The Department of Highway Safety and Motor Vehicles
630	must send, with each driver's license renewal extension
631	application authorized pursuant to s. 322.18(8), a uniform
632	statewide voter registration application, the voter registration
633	application prescribed under paragraph (3)(a), or a voter
634	registration application developed especially for the purposes
635	of this subsection by the Department of Highway Safety and Motor
636	Vehicles, with the approval of the Department of State, which
637	must meet the requirements of s. 97.052.
638	(6)  A person providing voter registration services for a
639	driver license office may not:
640	(a)  Seek to influence an applicant's political preference
641	or party registration;
642	(b)  Display any political preference or party allegiance;
643	(c)  Make any statement to an applicant or take any action
644	the purpose or effect of which is to discourage the applicant
645	from registering to vote; or
646	(d)  Disclose any applicant's voter registration
647	information except as needed for the administration of voter
648	registration.
649	(7)  The Department of Highway Safety and Motor Vehicles
650	shall compile lists, by county, of those individuals whose names
651	have been purged from its driver's license database because they
652	have been licensed in another state and shall provide those
653	lists annually to the appropriate supervisors.
654	(7)(8)  The Department of Highway Safety and Motor Vehicles
655	shall collect data determined necessary by the Department of
656	State for program evaluation and reporting to the Federal
657	Election Assistance Commission pursuant to federal law the
658	National Voter Registration Act of 1993.
659	(8)(9)  The Department of Highway Safety and Motor Vehicles
660	must ensure that all voter registration services provided by
661	driver license offices are in compliance with the Voting Rights
662	Act of 1965.
663	(9)  The Department of Highway Safety and Motor Vehicles
664	shall retain complete records of voter registration information
665	received, processed, and submitted to the statewide voter
666	registration system by the Department of Highway Safety and
667	Motor Vehicles. These records shall be for the explicit purpose
668	of supporting audit and accounting controls established to
669	ensure accurate and complete electronic transmission of records
670	between the statewide voter registration system and the
671	Department of Highway Safety and Motor Vehicles.
672	(10)  The department shall provide the Department of
673	Highway Safety and Motor Vehicles with an electronic database of
674	street addresses valid for use as the legal residence address as
675	required in s. 97.053(5). The Department of Highway Safety and
676	Motor Vehicles shall compare the address provided by the
677	applicant against the database of valid street addresses. If the
678	address provided by the applicant does not match a valid street
679	address in the database, the applicant will be asked to verify
680	the address provided. The Department of Highway Safety and Motor
681	Vehicles shall not reject any application for voter registration
682	for which a valid match cannot be made.
683	(11)  The Department of Highway Safety and Motor Vehicles
684	shall enter into an agreement with the department to match
685	information in the statewide voter registration system with
686	information in the database of the Department of Highway Safety
687	and Motor Vehicles to the extent required to verify the accuracy
688	of the driver's license number, Florida identification number,
689	or last four digits of the social security number provided on
690	applications for voter registration as required in s. 97.053.
691	(12)  The Department of Highway Safety and Motor Vehicles
692	shall enter into an agreement with the Commissioner of Social
693	Security as required by the Help America Vote Act of 2002 to
694	verify the last four digits of the social security number
695	provided in applications for voter registration as required in
696	s. 97.053.
697	Section 10.  Subsections (6), (7), and (9) of section
698	97.058, Florida Statutes, are amended to read:
699	97.058  Voter registration agencies.--
700	(6)  A voter registration agency must forward all completed
701	and incomplete voter registration applications within 5 days
702	after receipt to the supervisor of the county where the agency
703	that processed or received that application is located.
704	(7)  A voter registration agency must retain declinations
705	for a period of 2 years, during which time the declinations are
706	not considered a record of the client pursuant to the laws
707	governing the agency's records. However, a voter registration
708	agency must forward a copy of each incompleted voter
709	registration application within 5 days after receipt to the
710	appropriate supervisor of elections.
711	(9)  A voter registration agency must collect data
712	determined necessary by the department for program evaluation
713	and reporting to the Federal Election Assistance Commission
714	pursuant to federal law the National Voter Registration Act of
715	1993.
716	Section 11.  Section 97.061, Florida Statutes, is amended
717	to read:
718	97.061  Special registration for electors requiring
719	assistance.--
720	(1)  Any person who is eligible to register and who is
721	unable to read or write or who, because of some disability,
722	needs assistance in voting shall upon that person's request be
723	registered by the supervisor under the procedure prescribed by
724	this section and shall be entitled to receive assistance at the
725	polls under the conditions prescribed by this section.
726	(2)  If a person is qualified to register pursuant to this
727	section, the voter registration official supervisor shall note
728	in that person's registration record that the person needs
729	assistance in voting.
730	(3)  The precinct register generated by the supervisor
731	shall contain Upon registering any person pursuant to this
732	section, the supervisor must make a notation on the registration
733	books or records which are delivered to the polls on election
734	day that such person is eligible for assistance in voting, and
735	the supervisor may issue such person a special registration
736	identification card or make a some notation on the voter
737	information regular registration identification card that such
738	person is eligible for assistance in voting. Such person shall
739	be entitled to receive the assistance of two election officials
740	or some other person of his or her own choice, other than the
741	person's employer, the agent of the person's employer, or an
742	officer or agent of the person's union, without the necessity of
743	executing the "Declaration to Secure Assistance" prescribed in
744	s. 101.051. Such person shall notify the supervisor of any
745	change in his or her condition which makes it unnecessary for
746	him or her to receive assistance in voting.
747	Section 12.  Section 97.071, Florida Statutes, is amended
748	to read:
749	97.071  Voter information Registration identification
750	card.--
751	(1)  A voter information registration identification card
752	shall must be furnished by the supervisor to all registered
753	voters residing in the supervisor's county. The card may
754	registering under the permanent single registration system and
755	must 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
766	supervisor.
767	(k)  Place for voter's signature.
768	(i)(l)  Other information deemed necessary by the
769	supervisor department.
770	(2)  A voter may receive a replacement voter information of
771	a registration identification card by providing a signed,
772	written request for a replacement card to a voter registration
773	official the supervisor. Upon verification of registration, the
774	supervisor shall issue the voter a duplicate card without
775	charge.
776	(3)  In the case of a change of name, address, or party
777	affiliation, the supervisor shall must issue the voter a new
778	voter information registration identification card. However, a
779	voter information registration identification card indicating a
780	party affiliation change made between the book-closing date for
781	the first primary election and the date of the second primary
782	election may not be issued until after the second primary
783	election.
784	Section 13.  Section 97.073, Florida Statutes, is amended
785	to read:
786	97.073  Disposition of voter registration applications;
787	cancellation notice.--
788	(1)  The supervisor must notify each applicant of the
789	disposition of the applicant's voter registration application.
790	The notice must inform the applicant that the application has
791	been approved, is incomplete, has been denied, or is a duplicate
792	of a current registration. A voter information registration
793	identification card sent to an applicant constitutes notice of
794	approval of registration. If the application is incomplete, the
795	supervisor must request that the applicant supply the missing
796	information using a voter registration application signed by the
797	applicant in writing and sign a statement that the additional
798	information is true and correct. A notice of denial must inform
799	the applicant of the reason the application was denied.
800	(2)  Within 2 weeks after approval of a voter registration
801	application that indicates that the applicant was previously
802	registered in another state jurisdiction, the department
803	supervisor must notify the registration official in the prior
804	state jurisdiction that the applicant is now registered in this
805	state the supervisor's county.
806	Section 14.  Section 97.1031, Florida Statutes, is amended
807	to read:
808	97.1031  Notice of change of residence within the same
809	county, change of name, or change of party affiliation.--
810	(1)  When an elector moves from the address named on that
811	person's voter registration record to another address within the
812	state or changes his or her name by marriage or other legal
813	process same county, the elector shall submit the new
814	information to a voter registration official using a voter
815	registration application signed by the elector must provide
816	notification of such move to the supervisor of elections of that
817	county. The elector may provide the supervisor a signed, written
818	notice or may notify the supervisor by telephone or electronic
819	means. However, notification of such move other than by signed,
820	written notice must include the elector's date of birth. A voter
821	information registration identification card reflecting the new
822	information address of legal residence shall be issued to the
823	elector as provided in subsection (3)(4).
824	(2)  When the name of an elector is changed by marriage or
825	other legal process, the elector must provide a signed, written
826	notification of such change to the supervisor and obtain a
827	registration identification card reflecting the new name.
828	(2)(3)  When an elector seeks to change party affiliation,
829	the elector shall must provide notice a signed, written
830	notification of such intent to a voter registration official
831	using a voter registration application signed by the elector. A
832	voter information the supervisor and obtain a registration
833	identification card reflecting the new party affiliation shall
834	be issued by the supervisor to the elector, subject to the
835	issuance restriction in s. 97.071(3).
836	(3)(4)  The voter registration official supervisor shall
837	make the necessary changes in the elector's records as soon as
838	practical upon receipt of such notice of a change of address of
839	legal residence, name, or party affiliation and shall issue the
840	new voter information registration identification card as
841	required by s. 97.071(3).
842	Section 15.  Section 97.105, Florida Statutes, is amended
843	to read:
844	97.105  Permanent single registration system
845	established.--A permanent single registration system for the
846	registration of electors to qualify them to vote in all
847	elections is provided for the several counties and
848	municipalities. This system shall be put into use by all
849	municipalities and shall be in lieu of any other system of
850	municipal registration. Electors shall be registered pursuant to
851	in pursuance of this system by a voter registration official the
852	supervisor or by a deputy supervisor, and electors registered
853	shall not thereafter be required to register or reregister
854	except as provided by law.
855	Section 16.  Subsections (3), (10), and (11) of section
856	98.015, Florida Statutes, are amended, and subsection (12) is
857	added to said section, to read:
858	98.015  Supervisor of elections; election, tenure of
859	office, compensation, custody of books, office hours, successor,
860	seal; appointment of deputy supervisors; duties.--
861	(3)  The supervisor is required to update voter
862	registration information and enter new voter registrations into
863	the statewide voter registration system and to act as the
864	official custodian of documents received by the supervisor
865	related to the registration of electors and changes in voter
866	registration status of electors of the supervisor's county the
867	registration books and has the exclusive control of matters
868	pertaining to registration of electors.
869	(10)  Each supervisor shall must ensure that all voter
870	registration and list maintenance procedures conducted by such
871	supervisor are in compliance with any applicable requirements
872	prescribed by the department through the statewide voter
873	registration system or prescribed by for that county under the
874	Voting Rights Act of 1965, the National Voter Registration Act
875	of 1993, and the Help America Vote Act of 2002.
876	(11)  Each supervisor shall ensure that any voter
877	registration system used by the supervisor for administering his
878	or her duties as a voter registration official complies with the
879	specifications and procedures established by the department and
880	the statewide voter registration system Each supervisor of
881	elections shall forward to the property appraiser for the county
882	in which the homestead is claimed the name of the person and the
883	address of the homestead of each person who registers to vote at
884	an address other than that at which the person claims a
885	homestead exemption, as disclosed on the uniform statewide voter
886	registration application pursuant to s. 97.052.
887	(12)  Each supervisor shall maintain a list of valid
888	residential street addresses for purposes of verifying the legal
889	addresses of voters residing in the supervisor's county. The
890	supervisor shall make all reasonable efforts to coordinate with
891	county 911 service providers, property appraisers, the United
892	States Postal Service, or other agencies as necessary to ensure
893	the continued accuracy of such list. The supervisor shall
894	provide the list of valid residential addresses to the statewide
895	voter registration system in the manner and frequency specified
896	by the department.
897	Section 17.  Section 98.035, Florida Statutes, is created
898	to read:
899	98.035  Statewide voter registration system;
900	implementation, operation, and maintenance.--
901	(1)  The Secretary of State, as chief election officer of
902	the state, shall be responsible for implementing, operating, and
903	maintaining, in a uniform and nondiscriminatory manner, a
904	single, uniform, official, centralized, interactive,
905	computerized statewide voter registration system as required by
906	the Help America Vote Act of 2002.
907	(2)  The statewide voter registration system shall contain
908	the name and registration information of every legally
909	registered voter in the state. All voters shall be assigned a
910	unique identifier. The system shall be the official list of
911	registered voters in the state and shall provide secured access
912	by authorized voter registration officials. The system shall
913	enable voter registration officials to provide, access, and
914	update voter registration information.
915	(3)  The department shall not contract with any other
916	entity for the operation of the statewide voter registration
917	system.
918	(4)  The implementation of the statewide voter registration
919	system shall not prevent any supervisor of elections from
920	acquiring, maintaining, or using any hardware or software
921	necessary or desirable to carry out the supervisor's
922	responsibilities related to the use of voter registration
923	information or the conduct of elections, provided that such
924	hardware or software does not conflict with the operation of the
925	statewide voter registration system.
926	(5)  The department may adopt rules governing the access,
927	use, and operation of the statewide voter registration system to
928	ensure security, uniformity, and integrity of the system.
929	Section 18.  Section 98.045, Florida Statutes, is amended
930	to read:
931	98.045  Administration of voter registration.--
932	(1)  ELIGIBILITY OF APPLICANT.--The department Each
933	supervisor must ensure that any eligible applicant for voter
934	registration is registered to vote and that each application for
935	voter registration is processed in accordance with law. The
936	department shall determine whether a voter registration
937	applicant is ineligible based on any of the following:
938	(a)  The failure to complete a voter registration
939	application as specified in s. 97.053.
940	(b)  The applicant is deceased.
941	(c)  The applicant has been convicted of a felony for which
942	his or her civil rights have not been restored.
943	(d)  The applicant has been adjudicated mentally
944	incapacitated with respect to the right to vote and such right
945	has not been restored.
946	(e)  The applicant does not meet the age requirement
947	pursuant 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
951	residence that is not his or her legal residence.
952	(i)  The applicant has provided a driver's license number,
953	Florida identification card number, or the last four digits of a
954	social 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
957	not be removed from the statewide voter registration system
958	books except at the written request of the voter, by reason of
959	the voter's conviction of a felony or adjudication as mentally
960	incapacitated with respect to voting, by death of the voter, or
961	pursuant to a registration list maintenance program or other
962	registration list maintenance activity conducted pursuant to s.
963	98.065 or, s. 98.075, or s. 98.0977.
964	(b)(2)  Information received by a voter registration
965	official supervisor from an election official in another state
966	jurisdiction indicating that a registered voter in this state
967	the supervisor's county has registered to vote in that other
968	state jurisdiction shall be considered as a written request from
969	the voter to have the voter's name removed from the statewide
970	voter registration system books of the supervisor's county.
971	(3)  PUBLIC RECORDS ACCESS AND RETENTION.--Notwithstanding
972	the provisions of ss. 98.095 and 98.0977, Each supervisor shall
973	maintain for at least 2 years, and make available for public
974	inspection and copying, all records concerning implementation of
975	registration list maintenance programs and activities conducted
976	pursuant to ss. 98.065 and, 98.075, and 98.0977. The records
977	must include lists of the name and address of each person to
978	whom a an address confirmation final notice was sent and
979	information as to whether each such person responded to the
980	mailing, but may not include any information that is
981	confidential or exempt from public records requirements under
982	this code.
983	(4)  STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
984	STREET ADDRESSES.--
985	(a)  The department shall compile and maintain a statewide
986	electronic database of valid residential street addresses from
987	the information provided by the supervisors of elections
988	pursuant to s. 98.015. The department shall evaluate the
989	information provided by the supervisors of elections to identify
990	any duplicate addresses and any address that may overlap county
991	boundaries.
992	(b)  The department shall make the statewide database of
993	valid street addresses available to the Department of Highway
994	Safety and Motor Vehicles as provided for in s. 97.057(10). The
995	Department of Highway Safety and Motor Vehicles shall use the
996	database for purposes of validating the legal residential
997	addresses provided in voter registration applications received
998	by the Department of Highway Safety and Motor Vehicles.
999	(5)  FORMS.--The department may prescribe by rule forms
1000	necessary to conduct maintenance of records in the statewide
1001	voter registration system.
1002	Section 19.  Section 98.065, Florida Statutes, as amended
1003	by 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
1006	list maintenance program to protect the integrity of the
1007	electoral process by ensuring the maintenance of accurate and
1008	current voter registration records in the statewide voter
1009	registration system. The program must be uniform,
1010	nondiscriminatory, and in compliance with the Voting Rights Act
1011	of 1965, the National Voter Registration Act of 1993, and the
1012	Help America Vote Act of 2002. As used in this subsection, the
1013	term "nondiscriminatory" applies to and includes persons with
1014	disabilities.
1015	(2)  A supervisor must incorporate one or more of the
1016	following procedures in the supervisor's biennial registration
1017	list maintenance program under which:
1018	(a)  Change-of-address information supplied by the United
1019	States Postal Service through its licensees is used to identify
1020	registered voters whose addresses might have changed;
1021	(b)  Change-of-address information is identified from
1022	returned nonforwardable return-if-undeliverable mail sent to all
1023	registered voters in the county; or
1024	(c)  Change-of-address information is identified from
1025	returned nonforwardable return-if-undeliverable address
1026	confirmation requests mailed to all registered voters who have
1027	not voted in the last 2 years and who did not make a written
1028	request that their registration records be updated during that
1029	time.
1030	(3)  A registration list maintenance program must be
1031	conducted by each supervisor, at a minimum, in each odd-numbered
1032	year and must be completed not later than 90 days prior to the
1033	date of any federal election. All list maintenance actions
1034	associated with each voter must be entered, tracked, and
1035	maintained in the statewide voter registration system.
1036	(4)(a)  If the supervisor receives change-of-address
1037	information pursuant to the activities conducted in subsection
1038	(2), from jury notices signed by the voter and returned to the
1039	courts, from the Department of Highway Safety and Motor
1040	Vehicles, or from other sources, which information indicates
1041	that the legal address of a registered voter might have changed,
1042	the supervisor shall send by forwardable return-if-undeliverable
1043	mail an address confirmation notice to the address at which the
1044	voter was last registered. A supervisor may also send an address
1045	confirmation notice to any voter who the supervisor has reason
1046	to believe has moved from his or her legal residence.
1047	(b)  The address confirmation notice shall contain a
1048	postage prepaid preaddressed return form on which:
1049	1.  If the voter has changed his or her address of legal
1050	residence to a location outside the state, the voter shall mark
1051	that the voter's legal residence has changed to a location
1052	outside the state. The form shall also include information on
1053	how to register in the new state in order to be eligible to
1054	vote. The form must be returned within 30 days after the date of
1055	the notice. The completed form shall constitute a request to be
1056	removed from the statewide voter registration system.
1057	2.  If the voter has changed his or her address of legal
1058	residence to a location inside the state, the voter shall set
1059	forth the updated or corrected address and submit the return
1060	form within 30 days after the date of the notice. The completed
1061	form shall constitute a request to update the statewide voter
1062	registration system with the updated or corrected address
1063	information.
1064	3.  If the voter has not changed his or her address of
1065	legal residence as printed on the address confirmation notice,
1066	the voter shall confirm that his or her address of legal
1067	residence has not changed and submit the form within 30 days
1068	after the date of the notice.
1069	(c)  The supervisor must designate as inactive all voters
1070	who have been sent an address confirmation notice and who have
1071	not returned the postage prepaid preaddressed return form within
1072	30 days or for which an address confirmation notice has been
1073	returned as undeliverable. Names on the inactive list may not be
1074	used to calculate the number of signatures needed on any
1075	petition. A voter on the inactive list may be restored to the
1076	active list of voters upon the voter updating his or her
1077	registration, requesting an absentee ballot, or appearing to
1078	vote. However, if the voter does not update his or her voter
1079	registration information, request an absentee ballot, or vote by
1080	the second general election after being placed on the inactive
1081	list, the voter's name shall be removed from the statewide voter
1082	registration system and the voter shall be required to
1083	reregister to have his or her name restored to the statewide
1084	voter registration system.
1085	(5)  No notice may be issued pursuant to this section and
1086	no voter's name may be removed from the statewide voter
1087	registration system later than 90 days prior to the date of a
1088	federal election. However, nothing in this section shall
1089	preclude the removal of the name of a voter from the statewide
1090	voter registration system at any time upon the voter's written
1091	request, by reason of the voter's death, or upon a determination
1092	of 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,
1094	the supervisor must certify to the department the list
1095	maintenance activities conducted during the first 6 months and
1096	the second 6 months of the year, respectively, including the
1097	number of address confirmation requests sent, the number of
1098	voters designated as inactive, and the number of voters removed
1099	from the statewide voter registration system.
1100	(b)  If, based on the certification provided pursuant to
1101	paragraph (a), the department determines that a supervisor has
1102	not conducted the list maintenance activities as required by
1103	this section, the department shall conduct the appropriate list
1104	maintenance activities for that county. Failure to conduct list
1105	maintenance activities as required in this section shall
1106	constitute a violation of s. 104.051. A voter's name may not be
1107	removed from the registration books later than 90 days prior to
1108	the date of a federal election. However, nothing in this section
1109	shall preclude the removal of the name of a voter from the voter
1110	registration books, at any time and without prior notification,
1111	upon the written request of the voter, by reason of conviction
1112	of the voter of a felony, by reason of adjudication of the voter
1113	as mentally incapacitated with respect to voting, by reason of
1114	the death of the voter, or upon a determination of ineligibility
1115	as provided in s. 98.075(3).
1116	(4)  If the supervisor receives change-of-address
1117	information from the United States Postal Service or its
1118	licensees or from jury notices signed by the voter and returned
1119	to the courts, which indicates that:
1120	(a)  The voter has moved within the supervisor's county,
1121	the supervisor must change the registration records to show the
1122	new address and must send the voter a notice of the change by
1123	forwardable mail, including a postage prepaid preaddressed
1124	return form with which the voter may verify or correct the
1125	address information.
1126	(b)  The voter has moved outside the supervisor's county,
1127	or contains no forwarding address, the supervisor shall send an
1128	address confirmation final notice and remove the name of the
1129	voter 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
1135	during the period beginning on the date when the address
1136	confirmation final notice was sent and ending on the day after
1137	the date of the second general election thereafter.
1138	(5)  The supervisor must designate as inactive all voters
1139	who have been sent an address confirmation final notice and who
1140	have not returned the postage prepaid preaddressed return form
1141	within 30 days. A voter on the inactive list must be allowed to
1142	vote and to change the voter's name or address of legal
1143	residence at the polls pursuant to s. 101.045. Names on the
1144	inactive list may not be used to calculate the number of
1145	signatures needed on any petition or the quantity of voting
1146	equipment needed.
1147	Section 20.  Section 98.075, Florida Statutes, is amended
1148	to read:
1149	(Substantial rewording of section. See
1150	s. 98.075, F.S., for present text)
1151	98.075  Registration records maintenance activities;
1152	ineligibility determinations.--
1153	(1)  MAINTENANCE OF RECORDS.--The department shall protect
1154	the integrity of the electoral process by ensuring the
1155	maintenance of accurate and current voter registration records.
1156	List maintenance activities must be uniform, nondiscriminatory,
1157	and in compliance with the Voting Rights Act of 1965, the
1158	National Voter Registration Act of 1993, and the Help America
1159	Vote Act of 2002.
1160	(2)  DUPLICATE REGISTRATION.--The department shall identify
1161	those voters who are registered more than once or those
1162	applicants whose registration applications would result in
1163	duplicate registrations. The most recent application shall be
1164	deemed an update to the voter registration record.
1165	(3)  DECEASED PERSONS.--The department shall identify those
1166	registered voters who are deceased by comparing information on
1167	the lists of deceased persons received from the Department of
1168	Health as provided in s. 98.093. Upon receipt of such
1169	information through the statewide voter registration system, the
1170	supervisor shall remove the name of the registered voter.
1171	(4)  ADJUDICATION OF MENTAL INCAPACITY.--The department
1172	shall identify those registered voters who have been adjudicated
1173	mentally incapacitated with respect to voting and who have not
1174	had their voting rights restored by comparing information
1175	received from the clerk of the circuit court as provided in s.
1176	98.093. The department shall review such information and make an
1177	initial determination as to whether the information is credible
1178	and reliable. If the department determines that the information
1179	is credible and reliable, the department shall notify the
1180	supervisor and provide a copy of the supporting documentation
1181	indicating the potential ineligibility of the voter to be
1182	registered. Upon receipt of the notice that the department has
1183	made a determination of initial credibility and reliability, the
1184	supervisor shall adhere to the procedures set forth in
1185	subsection (7) prior to the removal of a registered voter from
1186	the statewide voter registration system.
1187	(5)  FELONY CONVICTION.--The department shall identify
1188	those registered voters who have been convicted of a felony and
1189	whose rights have not been restored by comparing information
1190	received from, but not limited to, a clerk of the circuit court,
1191	the Board of Executive Clemency, the Department of Corrections,
1192	the Department of Law Enforcement, and a United States
1193	Attorney's Office, as provided in s. 98.093. The department
1194	shall review such information and make an initial determination
1195	as to whether the information is credible and reliable. If the
1196	department determines that the information is credible and
1197	reliable, the department shall notify the supervisor and provide
1198	a copy of the supporting documentation indicating the potential
1199	ineligibility of the voter to be registered. Upon receipt of the
1200	notice that the department has made a determination of initial
1201	credibility and reliability, the supervisor shall adhere to the
1202	procedures set forth in subsection (7) prior to the removal of a
1203	registered voter's name from the statewide voter registration
1204	system.
1205	(6)  OTHER BASES FOR INELIGIBILITY.--If the department or
1206	voter registration official receives information other than from
1207	the sources identified in subsections (2)-(5) that a registered
1208	voter does not meet the age requirement pursuant to s. 97.041,
1209	is not a United States citizen, is a fictitious person, or has
1210	listed a residence that is not his or her legal residence, the
1211	supervisor shall adhere to the procedures set forth in
1212	subsection (7) prior to the removal of a registered voter's name
1213	from the statewide voter registration system.
1214	(7)  PROCEDURES FOR REMOVAL.--
1215	(a)  If the supervisor receives notice or information
1216	pursuant to subsections (4)-(6), the supervisor of the county in
1217	which the voter is registered shall:
1218	1.  Notify the registered voter of his or her potential
1219	ineligibility by mail within 7 days after receipt of notice or
1220	information. The notice shall include:
1221	a.  A statement of the basis for the registered voter's
1222	potential ineligibility and a copy of any documentation upon
1223	which the potential ineligibility is based.
1224	b.  A statement that failure to respond within 30 days
1225	after receipt of the notice may result in a determination of
1226	ineligibility and in the removal of the registered voter's name
1227	from the statewide voter registration system.
1228	c.  A return form that requires the registered voter to
1229	admit or deny the accuracy of the information underlying the
1230	potential ineligibility for purposes of a final determination by
1231	the supervisor.
1232	d.  A statement that, if the voter is denying the accuracy
1233	of the information underlying the potential ineligibility, the
1234	voter has a right to request a hearing for the purpose of
1235	determining eligibility.
1236	e.  Instructions for the registered voter to contact the
1237	supervisor of elections of the county in which the voter is
1238	registered if assistance is needed in resolving the matter.
1239	f.  Instructions for seeking restoration of civil rights
1240	following a felony conviction, if applicable.
1241	2.  If the mailed notice is returned as undeliverable, the
1242	supervisor shall publish notice once in a newspaper of general
1243	circulation in the county in which the voter was last
1244	registered. 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
1247	be registered to vote.
1248	c.  A statement that failure to respond within 30 days from
1249	the published notice may result in a determination of
1250	ineligibility by the supervisor and the removal of the
1251	registered voter's name from the statewide voter registration
1252	system.
1253	d.  An instruction for the voter to contact the supervisor
1254	no later than 30 days from the date of the published notice to
1255	receive information regarding the basis for the potential
1256	ineligibility and the procedure to resolve the matter.
1257	e.  An instruction to the voter that, if further assistance
1258	is needed, the voter should contact the supervisor of elections
1259	of the county in which the voter is registered.
1260	3.  If a registered voter fails to respond to a notice
1261	pursuant to subparagraph 1. or subparagraph 2., the supervisor
1262	shall make a final determination of the voter's eligibility. If
1263	the supervisor determines that the voter is ineligible, the
1264	supervisor shall remove the name of the registered voter from
1265	the statewide voter registration system. The supervisor shall
1266	notify the registered voter of his or her determination and
1267	action.
1268	4.  If a registered voter responds to the notice pursuant
1269	to subparagraph 1. or subparagraph 2. and admits the accuracy of
1270	the information underlying the potential ineligibility, the
1271	supervisor shall make a final determination of ineligibility and
1272	shall remove the voter's name from the statewide voter
1273	registration system. The supervisor shall notify the registered
1274	voter of his or her determination and action.
1275	5.  If a registered voter responds to the notice issued
1276	pursuant to subparagraph 1. or subparagraph 2. and denies the
1277	accuracy of the information underlying the potential
1278	ineligibility but does not request a hearing, the supervisor
1279	shall review the evidence and make a final determination of
1280	eligibility. If such registered voter requests a hearing, the
1281	supervisor shall send notice to the registered voter to attend a
1282	hearing at a time and place specified in the notice. Upon
1283	hearing all evidence presented at the hearing, the supervisor
1284	shall make a determination of eligibility. If the supervisor
1285	determines that the registered voter is ineligible, the
1286	supervisor shall remove the voter's name from the statewide
1287	voter registration system and notify the registered voter of his
1288	or her determination and action.
1289	(b)  The following shall apply to this subsection:
1290	1.  All determinations of eligibility shall be based on a
1291	preponderance of the evidence.
1292	2.  All proceedings are exempt from the provisions of
1293	chapter 120.
1294	3.  Any notice shall be sent by certified mail, return
1295	receipt requested, or other means that provides a verification
1296	of receipt to the registered voter or by publication in a
1297	newspaper of general circulation where the voter was last
1298	registered, whichever is applicable.
1299	4.  The supervisor shall remove the name of any registered
1300	voter from the statewide voter registration system only after
1301	the supervisor makes a final determination that the voter is
1302	ineligible.
1303	5.  Any voter whose name has been removed from the
1304	statewide voter registration system pursuant to a determination
1305	of ineligibility may appeal that determination under the
1306	provisions of s. 98.0755.
1307	6.  Any voter whose name was removed from the statewide
1308	voter registration system on the basis of a determination of
1309	ineligibility who subsequently becomes eligible to vote shall be
1310	required to reregister to have his or her name restored to the
1311	statewide voter registration system.
1312	(8)  CERTIFICATION.--
1313	(a)  No later than July 31 and January 31 of each year, the
1314	supervisor shall certify to the department the activities
1315	conducted pursuant to this section during the first 6 months and
1316	the second 6 months of the year, respectively. The certification
1317	shall include the number of persons to whom notices were sent
1318	pursuant to subsection (7), the number of persons who responded
1319	to the notices, the number of notices returned as undeliverable,
1320	the number of notices published in the newspaper, the number of
1321	hearings conducted, and the number of persons removed from the
1322	statewide voter registration systems and the reasons for such
1323	removals.
1324	(b)  If, based on the certification provided pursuant to
1325	paragraph (a), the department determines that a supervisor has
1326	not satisfied the requirements of this section, the department
1327	shall satisfy the appropriate requirements for that county.
1328	Failure to satisfy the requirements of this section shall
1329	constitute a violation of s. 104.051.
1330	Section 21.  Section 98.0755, Florida Statutes, is created
1331	to read:
1332	98.0755  Appeal of determination of ineligibility.--Appeal
1333	of the supervisor's determination of ineligibility pursuant to
1334	s. 98.075(7) may be taken to the circuit court in and for the
1335	county where the person was registered. Notice of appeal must be
1336	filed within the time and in the manner provided by the Florida
1337	Rules of Appellate Procedure and acts as supersedeas. Trial in
1338	the circuit court is de novo and governed by the rules of that
1339	court. Unless the person can show that his or her name was
1340	erroneously or illegally removed from the statewide voter
1341	registration system, or that he or she is indigent, the person
1342	must bear the costs of the trial in the circuit court.
1343	Otherwise, the cost of the appeal must be paid by the supervisor
1344	of elections.
1345	Section 22.  Section 98.077, Florida Statutes, is amended
1346	to read:
1347	98.077  Update of voter signature.--
1348	(1)  A registered voter may update his or her signature on
1349	file in the statewide voter registration system at any time
1350	using a voter registration application submitted to a voter
1351	registration official.
1352	(2)  The department and supervisors supervisor of elections
1353	shall include in any correspondence, other than postcard
1354	notifications and notices relating to eligibility, sent to a
1355	provide to each registered voter information regarding of the
1356	county the opportunity to update his or her signature on file at
1357	the supervisor's office by providing notification of the ability
1358	to do so in any correspondence, other than postcard
1359	notifications, sent to the voter. The notice shall advise when,
1360	where, and how to update the voter's signature and shall provide
1361	the voter information on how to obtain a voter registration
1362	application form from a voter registration official the
1363	supervisor that can be returned to update the signature.
1364	(3)  In addition, At least once during each general
1365	election year, the supervisor shall publish in a newspaper of
1366	general circulation or other newspaper in the county deemed
1367	appropriate by the supervisor a notice specifying when, where,
1368	or how a voter can update his or her signature that is on file
1369	or how a voter can obtain a voter registration application form
1370	from a voter registration official the supervisor to do so.
1371	(4)  All signature updates for use in verifying absentee
1372	and provisional ballots must be received by the appropriate
1373	supervisor of elections no later than the start of the
1374	canvassing of absentee ballots by the canvassing board. The
1375	signature on file at the start of the canvass of the absentees
1376	is the signature that shall be used in verifying the signature
1377	on the absentee and provisional ballot certificates.
1378	Section 23.  Section 98.081, Florida Statutes, is amended
1379	to read:
1380	98.081  Names removed from the statewide voter registration
1381	system books; restrictions on reregistering; recordkeeping;
1382	restoration of erroneously or illegally removed names.--
1383	(1)  Any person who requested that his or her name be
1384	removed from the statewide voter registration system books
1385	between the book-closing date of the first primary and the date
1386	of the second primary may not register in a different political
1387	party until after the date of the second primary election.
1388	(2)  When the name of any elector is removed from the
1389	statewide voter registration system books pursuant to s. 98.065
1390	or, s. 98.075, or s. 98.093, the elector's original registration
1391	application form shall be retained by the supervisor of
1392	elections having custody of the application filed alphabetically
1393	in the office of the supervisor. As alternatives, registrations
1394	removed from the statewide voter registration system books may
1395	be microfilmed and such microfilms substituted for the original
1396	registration applications forms; or, when voter registration
1397	information, including the voter's signature, is maintained
1398	digitally or on electronic, magnetic, or optic media, such
1399	stored information may be substituted for the original
1400	registration application form. Such microfilms or stored
1401	information shall be retained by the supervisor of elections
1402	having in the custody of the supervisor. In the event the
1403	original registration applications forms are microfilmed or
1404	maintained digitally or on electronic or other media, such
1405	originals may be destroyed in accordance with the schedule
1406	approved by the Bureau of Archives and Records Management of the
1407	Division of Library and Information Services of the department.
1408	(3)  When the name of any elector has been erroneously or
1409	illegally removed from the statewide voter registration system
1410	books, the name of the elector shall be restored by a voter
1411	registration official the supervisor upon satisfactory proof,
1412	even though the registration period for that election is closed.
1413	Section 24.  Section 98.093, Florida Statutes, is amended
1414	to read:
1415	98.093  Duty of officials to furnish lists of deceased
1416	persons, persons adjudicated mentally incapacitated, and persons
1417	convicted of a felony.--
1418	(1)  In order to ensure the maintenance of accurate and
1419	current voter registration records, it is necessary for the
1420	department to receive certain information from state and federal
1421	officials and entities. The department shall use the information
1422	provided from the sources in subsection (2) to maintain the
1423	voter registration records.
1424	(2)  To the maximum extent feasible, state and local
1425	government agencies shall facilitate provision of information
1426	and access to data to the department, including, but not limited
1427	to, databases that contain reliable criminal records and records
1428	of deceased persons. State and local government agencies that
1429	provide such data shall do so without charge if the direct cost
1430	incurred by those agencies is not significant.
1431	(a)  The Department of Health shall furnish monthly to the
1432	department each supervisor of elections a list containing the
1433	name, address, date of birth, date of death, social security
1434	number, race, and sex of each deceased person 17 years of age or
1435	older who was a resident of such supervisor's county.
1436	(b)(2)  Each clerk of the circuit court shall furnish
1437	monthly to the department, at least once each month, deliver to
1438	each supervisor of elections a list of those persons who have
1439	been adjudicated mentally incapacitated with respect to voting
1440	during the preceding calendar month, a list of those persons
1441	whose mental capacity with respect to voting has been restored
1442	during the preceding calendar month, and a list of those persons
1443	who have returned signed jury notices during the preceding
1444	months to the clerk of the circuit court indicating a change of
1445	address. Each list shall include stating the name, address, date
1446	of birth, race, and sex, and, whichever is available, the
1447	Florida driver's license number, Florida identification card
1448	number, or social security number of each such person convicted
1449	of a felony during the preceding calendar month who was a
1450	resident of that supervisor's county, a list stating the name,
1451	address, date of birth, race, and sex of each person adjudicated
1452	mentally incapacitated with respect to voting during the
1453	preceding calendar month who was a resident of that supervisor's
1454	county, and a list stating the name, address, date of birth,
1455	race, and sex of each person whose mental capacity with respect
1456	to voting has been restored who was a resident of that
1457	supervisor's county.
1458	(c)(3)  Upon receipt of information from the United States
1459	Attorney, listing persons convicted of a felony in federal
1460	court, the department shall use such information to identify
1461	registered voters or applicants for voter registration who may
1462	be potentially ineligible based on information provided in
1463	accordance with s. 98.075 immediately forward such information
1464	to the supervisor of elections for the county where the offender
1465	resides.
1466	(d)  The Department of Law Enforcement shall furnish
1467	monthly to the department a list of those persons who have been
1468	convicted of a felony in the preceding month or any updates to
1469	prior records that may have occurred in the preceding month. The
1470	list shall contain the name, address, date of birth, race, sex,
1471	date of conviction, county of conviction, social security
1472	number, and a unique identifier of each conviction of each
1473	person.
1474	(e)  The Board of Executive Clemency shall furnish monthly
1475	to the department a list of those persons granted clemency in
1476	the preceding month or any updates to prior records that may
1477	have occurred in the preceding month. The list shall contain the
1478	Board of Executive Clemency case number, name, address, date of
1479	birth, race, sex, and, where available, the social security
1480	number, references to record identifiers assigned by the
1481	Department of Corrections, a unique identifier of each clemency
1482	case, and the effective date of clemency of each person.
1483	(f)  The Department of Corrections shall furnish monthly to
1484	the department a list of those persons transferred to the
1485	Department of Corrections in the preceding month or any updates
1486	to prior records that may have occurred in the preceding month.
1487	The list shall contain the name, address, date of birth, race,
1488	sex, social security number, Department of Corrections record
1489	identification number, and associated Department of Law
1490	Enforcement felony conviction record number of each person.
1491	(g)  The Department of Highway Safety and Motor Vehicles
1492	shall furnish monthly to the department a list of those persons
1493	whose names have been removed from the driver's license database
1494	because they have been licensed in another state. The list shall
1495	contain the name, address, date of birth, sex, social security
1496	number, and driver's license number of each such person.
1497	(4)  Upon receipt of any such list, the supervisor shall
1498	remove from the registration books the name of any person listed
1499	who is deceased, convicted of a felony, or adjudicated mentally
1500	incapacitated with respect to voting. A person who has had his
1501	or her mental capacity with respect to voting restored or who
1502	has had his or her right to vote restored after conviction of a
1503	felony shall be required to reregister to have his or her name
1504	restored to the registration books.
1505	(3)(5)  Nothing in this section shall limit or restrict the
1506	department in its duty or the supervisor in his or her duty to
1507	remove the names of such persons from the statewide voter
1508	registration system pursuant to s. 98.075(7) based upon books
1509	after verification of information received from other sources.
1510	Section 25.  Effective August 1, 2006, section 98.0981,
1511	Florida Statutes, is created to read:
1512	98.0981  Statewide voter registration database.--The
1513	department shall send to the Legislature in electronic format a
1514	file containing all voters qualified to vote in an election. The
1515	file shall contain a unique identifier of the voter; the
1516	information requested in the uniform statewide voter
1517	registration application pursuant to s. 97.052(2), except for
1518	such information that is by statute specifically identified as
1519	confidential or exempt from public records requirements; the
1520	date of registration; the representative district, senatorial
1521	district, congressional district, and precinct in which the
1522	voter resides; and whether the voter voted at the poll, by
1523	absentee ballot, or by early vote at a designated location, or
1524	whether the voter did not vote. If a person voted by absentee
1525	ballot and the ballot was not counted, the file shall contain
1526	the reason, where possible, that the ballot was not counted.
1527	This file shall be delivered within 60 days after an election to
1528	the Legislature.
1529	Section 26.  Section 98.212, Florida Statutes, is amended
1530	to read:
1531	98.212  Department and supervisors to furnish statistical
1532	and other information.--
1533	(1)(a)  Upon written request, the department and any
1534	supervisor of the respective counties supervisors shall, as
1535	promptly as possible, furnish to recognized public or private
1536	universities and senior colleges within the state, to state or
1537	county governmental agencies, and to recognized political party
1538	committees statistical information for the purpose of analyzing
1539	election returns and results.
1540	(b)  The department and any supervisor Supervisors may
1541	require reimbursement for any part or all of the actual expenses
1542	of supplying any information requested under paragraph (a). For
1543	the purposes of this subsection, the department and supervisors
1544	may use the services of any research and statistical personnel
1545	that may be supplied.
1546	(c)  Lists of names submitted to the department and any
1547	supervisor of the respective counties supervisors for indication
1548	of registration or nonregistration or of party affiliation shall
1549	be processed at any time at cost, except that in no case shall
1550	the charge exceed 10 cents for each name on which the
1551	information is furnished.
1552	(2)  The supervisors shall provide information as requested
1553	by the department for program evaluation and reporting to the
1554	Federal Election Assistance Commission pursuant to federal law
1555	the National Voter Registration Act of 1993.
1556	Section 27.  Section 98.461, Florida Statutes, is amended
1557	to read:
1558	98.461  Registration application form, precinct register;
1559	contents.--
1560	(1)  A registration application form, approved by the
1561	Department of State, containing the information required in s.
1562	97.052 shall be retained by the supervisor of elections of the
1563	county of the applicant's registration filed alphabetically in
1564	the office of the supervisor as the master list of electors of
1565	the county. However, the registration application forms may be
1566	microfilmed and such microfilm microfilms substituted for the
1567	original registration application forms; or, when voter
1568	registration information, including the voter's signature, is
1569	maintained digitally or on electronic, magnetic, or optic media,
1570	such stored information may be substituted for the original
1571	registration application form. Such microfilms or stored
1572	information shall be retained in the custody of the supervisor
1573	of elections of the county of the applicant's registration. In
1574	the event the original registration applications forms are
1575	microfilmed or maintained digitally or on electronic or other
1576	media, such originals may be destroyed in accordance with the
1577	schedule approved by the Bureau of Archives and Records
1578	Management of the Division of Library and Information Services
1579	of the Department of State. As an alternative, the information
1580	from the registration form, including the signature, may be
1581	electronically reproduced and stored as provided in s. 98.451.
1582	(2)  A computer printout or electronic database shall be
1583	used at the polls as a precinct register in lieu of the
1584	registration books. The precinct register shall contain the date
1585	of the election, the precinct number, and the following
1586	information concerning each registered elector: last name, first
1587	name, and middle name or initial, and suffix; party affiliation;
1588	residence address; registration number; date of birth; sex, if
1589	provided; race, if provided; whether the voter needs assistance
1590	in voting; and such other additional information as to readily
1591	identify the elector. The precinct register shall also contain a
1592	space for the elector's signature and a space for the initials
1593	of the witnessing clerk or inspector or an electronic device may
1594	be provided for this purpose.
1595	Section 28.  Effective January 1, 2007, section 100.371,
1596	Florida Statutes, is amended to read:
1597	100.371  Initiatives; procedure for placement on ballot.--
1598	(1)  Constitutional amendments proposed by initiative shall
1599	be placed on the ballot for the general election provided the
1600	initiative has been filed with occurring in excess of 90 days
1601	from the certification of ballot position by the Secretary of
1602	State no later than February 1 of the year the general election
1603	is held. A petition shall be deemed to be filed with the
1604	Secretary of State upon the date the secretary determines that
1605	the petition has been signed by the constitutionally required
1606	number of electors.
1607	(2)  Such certification shall be issued when the Secretary
1608	of State has received verification certificates from the
1609	supervisors of elections indicating that the requisite number
1610	and distribution of valid signatures of electors have been
1611	submitted to and verified by the supervisors. Every signature
1612	shall be dated when made and shall be valid for a period of 4
1613	years following such date, provided all other requirements of
1614	law are complied with.
1615	(2)(3)  The sponsor of an initiative amendment shall, prior
1616	to obtaining any signatures, register as a political committee
1617	pursuant to s. 106.03 and submit the text of the proposed
1618	amendment to the Secretary of State, with the form on which the
1619	signatures will be affixed, and shall obtain the approval of the
1620	Secretary of State of such form. The Secretary of State shall
1621	promulgate rules pursuant to s. 120.54 prescribing the style and
1622	requirements of such form.
1623	(3)(4)  Each signature shall be dated when made and shall
1624	be valid for a period of 4 years following such date, provided
1625	all other requirements of law are met. The sponsor shall submit
1626	signed and dated forms to the appropriate supervisor of
1627	elections for verification as to the number of registered
1628	electors whose valid signatures appear thereon. The supervisor
1629	shall promptly verify the signatures upon payment of the fee
1630	required by s. 99.097. The supervisor shall promptly record each
1631	valid signature in the statewide voter registration system in
1632	the manner prescribed by the Secretary of State. Upon completion
1633	of verification, the supervisor shall execute a certificate
1634	indicating the total number of signatures checked, the number of
1635	signatures verified as valid and as being of registered
1636	electors, and the distribution by congressional district. This
1637	certificate shall be immediately transmitted to the Secretary of
1638	State. The supervisor shall retain the signature forms for at
1639	least 1 year following the election in which the issue appeared
1640	on the ballot or until the Division of Elections notifies the
1641	supervisors of elections that the committee which circulated the
1642	petition is no longer seeking to obtain ballot position.
1643	(4)(5)  The Secretary of State shall determine from the
1644	signatures verified by the verification certificates received
1645	from supervisors of elections and recorded in the statewide
1646	voter registration system the total number of verified valid
1647	signatures and the distribution of such signatures by
1648	congressional districts. Upon a determination that the requisite
1649	number and distribution of valid signatures have been obtained,
1650	the secretary shall issue a certificate of ballot position for
1651	that proposed amendment and shall assign a designating number
1652	pursuant to s. 101.161. A petition shall be deemed to be filed
1653	with the Secretary of State upon the date of the receipt by the
1654	secretary of a certificate or certificates from supervisors of
1655	elections indicating the petition has been signed by the
1656	constitutionally required number of electors.
1657	(5)(6)(a)  Within 45 days after receipt of a proposed
1658	revision or amendment to the State Constitution by initiative
1659	petition from the Secretary of State or, within 30 days after
1660	such receipt if receipt occurs 120 days or less before the
1661	election at which the question of ratifying the amendment will
1662	be presented, the Financial Impact Estimating Conference shall
1663	complete an analysis and financial impact statement to be placed
1664	on the ballot of the estimated increase or decrease in any
1665	revenues or costs to state or local governments resulting from
1666	the proposed initiative. The Financial Impact Estimating
1667	Conference shall submit the financial impact statement to the
1668	Attorney General and Secretary of State.
1669	(b)1.  The Financial Impact Estimating Conference shall
1670	provide an opportunity for any proponents or opponents of the
1671	initiative to submit information and may solicit information or
1672	analysis from any other entities or agencies, including the
1673	Office of Economic and Demographic Research. All meetings of the
1674	Financial Impact Estimating Conference shall be open to the
1675	public as provided in chapter 286.
1676	2.  The Financial Impact Estimating Conference is
1677	established to review, analyze, and estimate the financial
1678	impact of amendments to or revisions of the State Constitution
1679	proposed by initiative. The Financial Impact Estimating
1680	Conference shall consist of four principals: one person from the
1681	Executive Office of the Governor; the coordinator of the Office
1682	of Economic and Demographic Research, or his or her designee;
1683	one person from the professional staff of the Senate; and one
1684	person from the professional staff of the House of
1685	Representatives. Each principal shall have appropriate fiscal
1686	expertise in the subject matter of the initiative. A Financial
1687	Impact Estimating Conference may be appointed for each
1688	initiative.
1689	3.  Principals of the Financial Impact Estimating
1690	Conference shall reach a consensus or majority concurrence on a
1691	clear and unambiguous financial impact statement, no more than
1692	75 words in length, and immediately submit the statement to the
1693	Attorney General. Nothing in this subsection prohibits the
1694	Financial Impact Estimating Conference from setting forth a
1695	range of potential impacts in the financial impact statement.
1696	Any financial impact statement that a court finds not to be in
1697	accordance with this section shall be remanded solely to the
1698	Financial Impact Estimating Conference for redrafting. The
1699	Financial Impact Estimating Conference shall redraft the
1700	financial impact statement within 15 days.
1701	4.  If the members of the Financial Impact Estimating
1702	Conference are unable to agree on the statement required by this
1703	subsection, or if the Supreme Court has rejected the initial
1704	submission by the Financial Impact Estimating Conference and no
1705	redraft has been approved by the Supreme Court by 5 p.m. on the
1706	75th day before the election, the following statement shall
1707	appear on the ballot pursuant to s. 101.161(1): "The financial
1708	impact of this measure, if any, cannot be reasonably determined
1709	at this time."
1710	(c)  The financial impact statement must be separately
1711	contained and be set forth after the ballot summary as required
1712	in s. 101.161(1).
1713	(d)1.  Any financial impact statement that the Supreme
1714	Court finds not to be in accordance with this subsection shall
1715	be remanded solely to the Financial Impact Estimating Conference
1716	for redrafting, provided the court's advisory opinion is
1717	rendered at least 75 days before the election at which the
1718	question of ratifying the amendment will be presented. The
1719	Financial Impact Estimating Conference shall prepare and adopt a
1720	revised financial impact statement no later than 5 p.m. on the
1721	15th day after the date of the court's opinion.
1722	2.  If, by 5 p.m. on the 75th day before the election, the
1723	Supreme Court has not issued an advisory opinion on the initial
1724	financial impact statement prepared by the Financial Impact
1725	Estimating Conference for an initiative amendment that otherwise
1726	meets the legal requirements for ballot placement, the financial
1727	impact statement shall be deemed approved for placement on the
1728	ballot.
1729	3.  In addition to the financial impact statement required
1730	by this subsection, the Financial Impact Estimating Conference
1731	shall draft an initiative financial information statement. The
1732	initiative financial information statement should describe in
1733	greater detail than the financial impact statement any projected
1734	increase or decrease in revenues or costs that the state or
1735	local governments would likely experience if the ballot measure
1736	were approved. If appropriate, the initiative financial
1737	information statement may include both estimated dollar amounts
1738	and a description placing the estimated dollar amounts into
1739	context. The initiative financial information statement must
1740	include both a summary of not more than 500 words and additional
1741	detailed information that includes the assumptions that were
1742	made to develop the financial impacts, workpapers, and any other
1743	information deemed relevant by the Financial Impact Estimating
1744	Conference.
1745	4.  The Department of State shall have printed, and shall
1746	furnish to each supervisor of elections, a copy of the summary
1747	from the initiative financial information statements. The
1748	supervisors shall have the summary from the initiative financial
1749	information statements available at each polling place and at
1750	the main office of the supervisor of elections upon request.
1751	5.  The Secretary of State and the Office of Economic and
1752	Demographic Research shall make available on the Internet each
1753	initiative financial information statement in its entirety. In
1754	addition, each supervisor of elections whose office has a
1755	website shall post the summary from each initiative financial
1756	information statement on the website. Each supervisor shall
1757	include the Internet addresses for the information statements on
1758	the Secretary of State's and the Office of Economic and
1759	Demographic Research's websites in the publication or mailing
1760	required by s. 101.20.
1761	(6)(7)  The Department of State may adopt rules in
1762	accordance with s. 120.54 to carry out the provisions of
1763	subsections (1)-(5)(6).
1764	Section 29.  Effective August 1, 2006, subsection (3) of
1765	section 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
1768	map drawn to a scale no smaller than 3 miles to the inch and
1769	clearly delineating all major observable features such as roads,
1770	streams, and railway lines and showing the current geographical
1771	boundaries of each precinct, representative district, and
1772	senatorial district, and other type of district in the county
1773	subject to the elections process in this code. On maps of new
1774	precincts, a delineation of area shall also be included for each
1775	precinct employing the official census county divisions, tracts,
1776	block numbering areas, block groups, and blocks used by the
1777	United States Department of Commerce, Bureau of the Census, and
1778	adopted by the state for the delineation of representative
1779	districts pursuant to s. 10.00001. The supervisor of elections
1780	shall notify the Secretary of State in writing within 30 days
1781	after of any new reorganization of precincts and shall furnish a
1782	copy of the map showing the current geographical boundaries and
1783	designation of each new precinct and a delineation of the census
1784	blocks included in each precinct. Until January 1, 2012, any
1785	supervisor may apply for and obtain from the Secretary of State
1786	a waiver of the requirement to delineate precincts by census
1787	geography.
1788	Section 30.  Subsections (1) and (3) of section 101.043,
1789	Florida Statutes, are amended to read:
1790	101.043  Identification required at polls.--
1791	(1)  The precinct register, as prescribed in s. 98.461,
1792	shall be used at the polls in lieu of the registration books for
1793	the purpose of identifying the elector at the polls prior to
1794	allowing him or her to vote. The clerk or inspector shall
1795	require each elector, upon entering the polling place, to
1796	present one of the following a current and valid picture
1797	identifications:
1798	(a)  Florida driver's license.
1799	(b)  Florida identification card issued by the Department
1800	of 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)  Public assistance identification as provided in s.
1810	97.0535(3)(a).
1811
1812	If the picture identification does not contain the signature of
1813	the voter, an additional identification that provides the
1814	voter's signature shall be required. The elector shall sign his
1815	or her name in the space provided on the precinct register or on
1816	an electronic device provided for recording the voter's
1817	signature., and The clerk or inspector shall compare the
1818	signature with that on the identification provided by the
1819	elector and enter his or her initials in the space provided on
1820	the precinct register or on an electronic device provided for
1821	that purpose and allow the elector to vote if the clerk or
1822	inspector is satisfied as to the identity of the elector.
1823	(3)  If the elector who fails to furnish the required
1824	identification is an elector subject to s. 97.0535 a first-time
1825	voter who registered by mail and has not provided the required
1826	identification to a voter registration official the supervisor
1827	of elections prior to election day, the elector shall be allowed
1828	to vote a provisional ballot. The canvassing board shall
1829	determine the validity of the ballot pursuant to s. 101.048(2).
1830	Section 31.  Subsections (2) and (3) of section 101.045,
1831	Florida Statutes, are amended to read:
1832	101.045  Electors must be registered in precinct;
1833	provisions for residence or name change.--
1834	(2)(a)  An elector who moves from the precinct within the
1835	county in which the elector is registered may be permitted to
1836	vote in the precinct to which he or she has moved his or her
1837	legal residence, provided such elector completes an affirmation
1838	in substantially the following form:
1839
1840	Change of Legal Residence of Registered
1841	Voter
1842
1843	Under penalties for false swearing, I,   (Name of voter)  ,
1844	swear (or affirm) that the former address of my legal residence
1845	was   (Address of legal residence)   in the municipality of
1846	_____, in _____ County, Florida, and I was registered to vote in
1847	the _____ precinct of _____ County, Florida; that I have not
1848	voted in the precinct of my former registration in this
1849	election; that I now reside at   (Address of legal residence)
1850	in the Municipality of _____, in _____ County, Florida, and am
1851	therefore eligible to vote in the _____ precinct of _____
1852	County, Florida; and I further swear (or affirm) that I am
1853	otherwise legally registered and entitled to vote.
1854
1855	(Signature of voter whose address of legal residence has
1856	changed)
1857
1858	(b)  An elector whose name changes because of marriage or
1859	other legal process may be permitted to vote, provided such
1860	elector completes an affirmation in substantially the following
1861	form:
1862
1863	Change of Name of Registered
1864	Voter
1865
1866	Under penalties for false swearing, I,   (New name of voter)  ,
1867	swear (or affirm) that my name has been changed because of
1868	marriage or other legal process. My former name and address of
1869	legal residence appear on the registration records books of
1870	precinct _____ as follows:
1871	Name
1872	Address
1873	Municipality
1874	County
1875	Florida, Zip
1876	My present name and address of legal residence are as follows:
1877	Name
1878	Address
1879	Municipality
1880	County
1881	Florida, Zip
1882	and I further swear (or affirm) that I am otherwise legally
1883	registered and entitled to vote.
1884
1885	(Signature of voter whose name has changed)
1886
1887	(c)  Such affirmation, when completed and presented at the
1888	precinct in which such elector is entitled to vote, and upon
1889	verification of the elector's registration, shall entitle such
1890	elector to vote as provided in this subsection. If the elector's
1891	eligibility to vote cannot be determined, he or she shall be
1892	entitled to vote a provisional ballot, subject to the
1893	requirements and procedures in s. 101.048. Upon receipt of an
1894	affirmation certifying a change in address of legal residence or
1895	name, the supervisor shall as soon as practicable make the
1896	necessary changes in the statewide voter registration system
1897	records of the county to indicate the change in address of legal
1898	residence or name of such elector.
1899	(d)  Instead of the affirmation contained in paragraph (a)
1900	or paragraph (b), an elector may complete a voter registration
1901	application that indicates the change of name or change of
1902	address of legal residence.
1903	(e)  A request for an absentee ballot pursuant to s. 101.62
1904	which indicates that the elector has had a change of address of
1905	legal residence from that in the supervisor's records shall be
1906	sufficient as the notice to the supervisor of change of address
1907	of legal residence required by this section. Upon receipt of
1908	such request for an absentee ballot from an elector who has
1909	changed his or her address of legal residence, the supervisor
1910	shall provide the elector with the proper ballot for the
1911	precinct in which the elector then has his or her legal
1912	residence.
1913	(3)  When an elector's name does not appear on the
1914	registration books of the election precinct in which the elector
1915	is registered, the elector may have his or her name restored if
1916	the supervisor is otherwise satisfied that the elector is
1917	validly registered, that the elector's name has been erroneously
1918	omitted from the books, and that the elector is entitled to have
1919	his or her name restored. The supervisor, if he or she is
1920	satisfied as to the elector's previous registration, shall allow
1921	such person to vote and shall thereafter issue a duplicate
1922	registration identification card.
1923	Section 32.  Subsection (1) of section 101.048, Florida
1924	Statutes, is amended to read:
1925	101.048  Provisional ballots.--
1926	(1)  At all elections, a voter claiming to be properly
1927	registered in the state county and eligible to vote at the
1928	precinct in the election, but whose eligibility cannot be
1929	determined, and other persons specified in the code shall be
1930	entitled to vote a provisional ballot. Once voted, the
1931	provisional ballot shall be placed in a secrecy envelope and
1932	thereafter sealed in a provisional ballot envelope. The
1933	provisional ballot shall be deposited in a ballot box. All
1934	provisional ballots shall remain sealed in their envelopes for
1935	return to the supervisor of elections. The department shall
1936	prescribe the form of the provisional ballot envelope.
1937	Section 33.  Subsection (1) of section 101.161, Florida
1938	Statutes, is amended to read:
1939	101.161  Referenda; ballots.--
1940	(1)  Whenever a constitutional amendment or other public
1941	measure is submitted to the vote of the people, the substance of
1942	such amendment or other public measure shall be printed in clear
1943	and unambiguous language on the ballot after the list of
1944	candidates, followed by the word "yes" and also by the word
1945	"no," and shall be styled in such a manner that a "yes" vote
1946	will indicate approval of the proposal and a "no" vote will
1947	indicate rejection. The wording of the substance of the
1948	amendment or other public measure and the ballot title to appear
1949	on the ballot shall be embodied in the joint resolution,
1950	constitutional revision commission proposal, constitutional
1951	convention proposal, taxation and budget reform commission
1952	proposal, or enabling resolution or ordinance. Except for
1953	amendments and ballot language proposed by joint resolution, the
1954	substance of the amendment or other public measure shall be an
1955	explanatory statement, not exceeding 75 words in length, of the
1956	chief purpose of the measure. In addition, for every amendment
1957	proposed by initiative, the ballot shall include, following the
1958	ballot summary, a separate financial impact statement concerning
1959	the measure prepared by the Financial Impact Estimating
1960	Conference in accordance with s. 100.371(5)(6). The ballot title
1961	shall consist of a caption, not exceeding 15 words in length, by
1962	which the measure is commonly referred to or spoken of.
1963	Section 34.  Subsection (2) of section 101.56062, Florida
1964	Statutes, as created by chapter 2002-281, Laws of Florida, is
1965	amended to read:
1966	101.56062  Standards for accessible voting systems.--
1967	(2)  Such voting system must include at least one
1968	accessible voter interface device installed in each polling
1969	place precinct which meets the requirements of this section,
1970	except for paragraph (1)(d).
1971	Section 35.  Subsection (1) of section 101.5608, Florida
1972	Statutes, is amended to read:
1973	101.5608  Voting by electronic or electromechanical method;
1974	procedures.--
1975	(1)  Each elector desiring to vote shall be identified to
1976	the clerk or inspector of the election as a duly qualified
1977	elector of such election and shall sign his or her name on the
1978	in ink or indelible pencil to an identification blank, signature
1979	slip, precinct register, or other form or device provided by the
1980	supervisor ballot stub on which the ballot serial number may be
1981	recorded. The inspector shall compare the signature with the
1982	signature on the identification provided by the elector. If the
1983	inspector is reasonably sure that the person is entitled to
1984	vote, the inspector shall provide the person with a ballot.
1985	Section 36.  Subsections (7) and (8) of section 101.5614,
1986	Florida Statutes, are amended to read:
1987	101.5614  Canvass of returns.--
1988	(7)  Absentee ballots and early voted ballots shall may be
1989	counted by automatic tabulating equipment if they have been
1990	marked in a manner that which will enable them to be properly
1991	counted by such equipment and aggregated with the results for
1992	each precinct.
1993	(8)  The return printed by the automatic tabulating
1994	equipment, to which has been added the return of write-in,
1995	absentee, early, and manually counted votes and votes from
1996	provisional ballots, shall constitute the official return of the
1997	election upon certification by the canvassing board. Upon
1998	completion of the count, the returns shall be open to the
1999	public. A copy of the returns may be posted at the central
2000	counting place or at the office of the supervisor of elections
2001	in lieu of the posting of returns at individual precincts.
2002	Section 37.  Effective August 1, 2006, section 101.573,
2003	Florida Statutes, is created to read:
2004	101.573  Record of votes by precinct.--
2005	(1)  Within 75 days after the date of a municipal election
2006	or runoff, whichever occurs later, a presidential preference
2007	primary, or a general election, the supervisor of elections
2008	shall file with the Department of State precinct-level election
2009	results for that election cycle. Precinct-level election results
2010	shall record for each precinct the returns tabulated at the
2011	precinct location to which have been added the returns for the
2012	precinct of absentee and early votes.
2013	(2)  The Department of State shall adopt rules pursuant to
2014	ss. 120.536(1) and 120.54 prescribing the form by which
2015	supervisors of elections shall submit election results for each
2016	precinct.
2017	Section 38.  Paragraph (a) of subsection (4) of section
2018	101.62, Florida Statutes, is amended to read:
2019	101.62  Request for absentee ballots.--
2020	(4)(a)  To each absent qualified elector overseas who has
2021	requested an absentee ballot, the supervisor of elections shall,
2022	not fewer than 35 days before the first primary election, mail
2023	an absentee ballot. Not fewer than 45 days before the second
2024	primary and general election, the supervisor of elections shall
2025	mail an advance absentee ballot to those persons requesting
2026	ballots for such elections. The advance absentee ballot for the
2027	second primary shall be the same as the first primary absentee
2028	ballot as to the names of candidates, except that for any
2029	offices where there are only two candidates, those offices and
2030	all political party executive committee offices shall be
2031	omitted. Except as provided in ss. 99.063(4) and 100.371(5)(6),
2032	the advance absentee ballot for the general election shall be as
2033	specified in s. 101.151, except that in the case of candidates
2034	of political parties where nominations were not made in the
2035	first primary, the names of the candidates placing first and
2036	second in the first primary election shall be printed on the
2037	advance absentee ballot. The advance absentee ballot or advance
2038	absentee ballot information booklet shall be of a different
2039	color for each election and also a different color from the
2040	absentee ballots for the first primary, second primary, and
2041	general election. The supervisor shall mail an advance absentee
2042	ballot for the second primary and general election to each
2043	qualified absent elector for whom a request is received until
2044	the absentee ballots are printed. The supervisor shall enclose
2045	with the advance second primary absentee ballot and advance
2046	general election absentee ballot an explanation stating that the
2047	absentee ballot for the election will be mailed as soon as it is
2048	printed; and, if both the advance absentee ballot and the
2049	absentee ballot for the election are returned in time to be
2050	counted, only the absentee ballot will be counted. The
2051	Department of State may prescribe by rule the requirements for
2052	preparing and mailing absentee ballots to absent qualified
2053	electors overseas.
2054	Section 39.  Subsection (3) is added to section 101.64,
2055	Florida Statutes, to read:
2056	101.64  Delivery of absentee ballots; envelopes; form.--
2057	(3)  The supervisor shall mark, code, track, or otherwise
2058	indicate on each absentee ballot the precinct of the absent
2059	elector.
2060	Section 40.  Paragraph (a) of subsection (1) of section
2061	101.657, Florida Statutes, is amended to read:
2062	101.657  Early voting.--
2063	(1)(a)  The supervisor of elections shall allow an elector
2064	to vote early in the main or branch office of the supervisor by
2065	depositing the voted ballot in a voting device used by the
2066	supervisor to collect or tabulate ballots. The supervisor shall
2067	mark, code, track, or otherwise indicate on each early voted
2068	ballot the precinct to which the ballot corresponds. In order
2069	for a branch office to be used for early voting, it shall be a
2070	full-service facility of the supervisor and shall have been
2071	designated as such at least 1 year prior to the election. The
2072	supervisor may designate any city hall or public library as
2073	early voting sites; however, if so designated, the sites must be
2074	geographically located so as to provide all voters in the county
2075	an equal opportunity to cast a ballot, insofar as is
2076	practicable. The results or tabulation may not be made before
2077	the close of the polls on election day.
2078	Section 41.  Section 101.663, Florida Statutes, is amended
2079	to read:
2080	101.663  Electors; change of residence to another state.--
2081	(1)  An elector who changes his or her residence to another
2082	county in Florida from the county in Florida in which he or she
2083	is registered as an elector after the books in the county to
2084	which the elector has changed his or her residence are closed
2085	for any general, primary, or special election shall be permitted
2086	to vote absentee in the county of his or her former residence in
2087	that election for President and Vice President, United States
2088	Senator, statewide offices, and statewide issues. Such person
2089	shall not be permitted to vote in the county of the person's
2090	former residence after the general election.
2091	(2)  An elector registered in this state who moves his or
2092	her permanent residence to another state and who is prohibited
2093	by the laws of that state from voting for the offices of
2094	President and Vice President of the United States shall be
2095	permitted to vote absentee in the county of his or her former
2096	residence for those offices.
2097	Section 42.  Subsection (1) of section 101.6921, Florida
2098	Statutes, is amended to read:
2099	101.6921  Delivery of special absentee ballot to certain
2100	first-time voters.--
2101	(1)  The provisions of this section apply to voters who are
2102	subject to the provisions of s. 97.0535 registered to vote by
2103	mail, who have not previously voted in the county, and who have
2104	not provided the identification or certification required by s.
2105	97.0535 by the time the absentee ballot is mailed.
2106	Section 43.  Section 101.6923, Florida Statutes, is amended
2107	to read:
2108	101.6923  Special absentee ballot instructions for certain
2109	first-time voters.--
2110	(1)  The provisions of this section apply to voters who are
2111	subject to the provisions of s. 97.0535 registered to vote by
2112	mail, who have not previously voted in the county, and who have
2113	not provided the identification or information required by s.
2114	97.0535 by the time the absentee ballot is mailed.
2115	(2)  A voter covered by this section shall be provided with
2116	the following printed instructions with his or her absentee
2117	ballot in substantially the following form:
2118
2119	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
2120	BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
2121	YOUR BALLOT NOT TO COUNT.
2122
2123	1.  In order to ensure that your absentee ballot will be
2124	counted, it should be completed and returned as soon as possible
2125	so that it can reach the supervisor of elections of the county
2126	in which your precinct is located no later than 7 p.m. on the
2127	date of the election.
2128	2.  Mark your ballot in secret as instructed on the ballot.
2129	You must mark your own ballot unless you are unable to do so
2130	because of blindness, disability, or inability to read or write.
2131	3.  Mark only the number of candidates or issue choices for
2132	a race as indicated on the ballot. If you are allowed to "Vote
2133	for One" candidate and you vote for more than one, your vote in
2134	that race will not be counted.
2135	4.  Place your marked ballot in the enclosed secrecy
2136	envelope and seal the envelope.
2137	5.  Insert the secrecy envelope into the enclosed envelope
2138	bearing the Voter's Certificate. Seal the envelope and
2139	completely fill out the Voter's Certificate on the back of the
2140	envelope.
2141	a.  You must sign your name on the line above (Voter's
2142	Signature).
2143	b.  If you are an overseas voter, you must include the date
2144	you signed the Voter's Certificate on the line above (Date) or
2145	your ballot may not be counted.
2146	6.  Unless you meet one of the exemptions in Item 7., you
2147	must make a copy of one of the following forms of
2148	identification:
2149	a.  Identification which must include your name and
2150	photograph: current and valid Florida driver's license; Florida
2151	identification card issued by the Department of Highway Safety
2152	and Motor Vehicles; United States passport; employee badge or
2153	identification; buyer's club identification card; debit or
2154	credit card; military identification; student identification;
2155	retirement center identification; neighborhood association
2156	identification; entertainment identification; or public
2157	assistance identification; or
2158	b.  Identification which shows your name and current
2159	residence address: current utility bill, bank statement,
2160	government check, paycheck, or government document (excluding
2161	voter identification card).
2162	7.  The identification requirements of Item 6. do not apply
2163	if you meet one of the following requirements:
2164	a.  You are 65 years of age or older.
2165	b.  You have a temporary or permanent physical disability.
2166	c.  You are a member of a uniformed service on active duty
2167	who, by reason of such active duty, will be absent from the
2168	county on election day.
2169	d.  You are a member of the Merchant Marine who, by reason
2170	of service in the Merchant Marine, will be absent from the
2171	county on election day.
2172	e.  You are the spouse or dependent of a member referred to
2173	in paragraph c. or paragraph d. who, by reason of the active
2174	duty or service of the member, will be absent from the county on
2175	election day.
2176	f.  You are currently residing outside the United States.
2177	8.  Place the envelope bearing the Voter's Certificate into
2178	the mailing envelope addressed to the supervisor. Insert a copy
2179	of your identification in the mailing envelope. DO NOT PUT YOUR
2180	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2181	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2182	BALLOT WILL NOT COUNT.
2183	9.  Mail, deliver, or have delivered the completed mailing
2184	envelope. Be sure there is sufficient postage if mailed.
2185	10.  FELONY NOTICE. It is a felony under Florida law to
2186	accept any gift, payment, or gratuity in exchange for your vote
2187	for a candidate. It is also a felony under Florida law to vote
2188	in an election using a false identity or false address, or under
2189	any other circumstances making your ballot false or fraudulent.
2190	Section 44.  Subsection (3) of section 102.012, Florida
2191	Statutes, is amended to read:
2192	102.012  Inspectors and clerks to conduct elections.--
2193	(3)  The supervisor shall furnish inspectors of election
2194	for each precinct with the list of registered electors for that
2195	precinct registration books divided alphabetically as will best
2196	facilitate the holding of an election. The supervisor shall also
2197	furnish to the inspectors of election at the polling place at
2198	each precinct in the supervisor's county a sufficient number of
2199	forms and blanks for use on election day.
2200	Section 45.  Subsections (1), (2), and (3) of section
2201	104.013, Florida Statutes, are amended to read:
2202	104.013  Unauthorized use, possession, or destruction of
2203	voter information registration identification card.--
2204	(1)  It is unlawful for any person knowingly to have in his
2205	or her possession any blank, forged, stolen, fictitious,
2206	counterfeit, or unlawfully issued voter information registration
2207	identification card unless possession by such person has been
2208	duly authorized by the supervisor.
2209	(2)  It is unlawful for any person to barter, trade, sell,
2210	or give away a voter information registration identification
2211	card unless said person has been duly authorized to issue a
2212	voter information registration identification card.
2213	(3)  It is unlawful for any person willfully to destroy or
2214	deface the information registration identification card of a
2215	duly registered voter.
2216	Section 46.  Section 106.23, Florida Statutes, is amended
2217	to read:
2218	106.23  Powers of the Division of Elections.--
2219	(1)  In order to carry out the responsibilities prescribed
2220	by s. 106.22, the Division of Elections is empowered to subpoena
2221	and bring before its duly authorized representatives any person
2222	in the state, or any person doing business in the state, or any
2223	person who has filed or is required to have filed any
2224	application, document, papers, or other information with an
2225	office or agency of this state or a political subdivision
2226	thereof and to require the production of any papers, books, or
2227	other records relevant to any investigation, including the
2228	records and accounts of any bank or trust company doing business
2229	in this state. Duly authorized representatives of the division
2230	are empowered to administer all oaths and affirmations in the
2231	manner prescribed by law to witnesses who shall appear before
2232	them concerning any relevant matter. Should any witness fail to
2233	respond to the lawful subpoena of the division or, having
2234	responded, fail to answer all lawful inquiries or to turn over
2235	evidence that has been subpoenaed, the division may file a
2236	complaint before any circuit court of the state setting up such
2237	failure on the part of the witness. On the filing of such
2238	complaint, the court shall take jurisdiction of the witness and
2239	the subject matter of said complaint and shall direct the
2240	witness to respond to all lawful questions and to produce all
2241	documentary evidence in the witness's possession which is
2242	lawfully demanded. The failure of any witness to comply with
2243	such order of the court shall constitute a direct and criminal
2244	contempt of court, and the court shall punish said witness
2245	accordingly. However, the refusal by a witness to answer
2246	inquiries or turn over evidence on the basis that such testimony
2247	or material will tend to incriminate such witness shall not be
2248	deemed refusal to comply with the provisions of this chapter.
2249	(2)  The Division of Elections shall provide advisory
2250	opinions when requested by any supervisor of elections,
2251	candidate, local officer having election-related duties,
2252	political party, political committee, committee of continuous
2253	existence, or other person or organization engaged in political
2254	activity, relating to any provisions or possible violations of
2255	Florida election laws with respect to actions such supervisor,
2256	candidate, local officer having election-related duties,
2257	political party, committee, person, or organization has taken or
2258	proposes to take. Requests for advisory opinions must be
2259	submitted in accordance with rules adopted by the Department of
2260	State. A written record of all such opinions issued by the
2261	division, sequentially numbered, dated, and indexed by subject
2262	matter, shall be retained. A copy shall be sent to said person
2263	or organization upon request. Any such person or organization,
2264	acting in good faith upon such an advisory opinion, shall not be
2265	subject to any criminal penalty provided for in this chapter.
2266	The opinion, until amended or revoked, shall be binding on any
2267	person or organization who sought the opinion or with reference
2268	to whom the opinion was sought, unless material facts were
2269	omitted or misstated in the request for the advisory opinion.
2270	(3)(a)  If the Secretary of State finds that a lack of
2271	uniformity in the application of the provisions of the Florida
2272	Election Code or rules adopted thereunder exists within the
2273	state, the secretary, through the Division of Elections, shall
2274	have the authority to issue a statement of interpretation of the
2275	election laws to the supervisors of elections, the county
2276	canvassing boards, or any other officials performing election-
2277	related duties or responsibilities pursuant to the Florida
2278	Election Code. A statement issued pursuant to this subsection
2279	shall describe the basis for the determination that a lack of
2280	uniformity exists in the application of the Florida Election
2281	Code or the rules adopted thereunder and shall provide direction
2282	as to the statutory requirements of the Florida Election Code
2283	and any applicable rules with regard to the matter in which the
2284	lack of uniformity exists. Such statement shall constitute the
2285	Secretary of State's official interpretation of the provisions
2286	of the Florida Election Code or the rules adopted thereunder for
2287	the purpose of maintaining the uniform application, operation,
2288	and interpretation of the election laws as required by s.
2289	97.012(1). Such statement shall be binding on supervisors of
2290	elections, county canvassing boards, and other officials
2291	performing election-related duties or responsibilities pursuant
2292	to the Florida Election Code upon issuance and shall remain
2293	binding unless amended or revoked by the secretary or set aside
2294	by a court of competent jurisdiction or unless the relevant
2295	provisions of the Florida Election Code or the rules adopted
2296	thereunder upon which the interpretation is based are repealed.
2297	(b)  Within 5 days after the issuance of a statement, any
2298	supervisor of elections, county canvassing board member, or
2299	other official subject to the statement may request
2300	reconsideration of the statement by the Secretary of State. Such
2301	request must be in writing and shall specify the legal and
2302	factual basis upon which the request for reconsideration is
2303	made. The foregoing constitutes a condition precedent for any
2304	supervisor of elections, county canvassing board member, or
2305	other official subject to a statement to file an appeal pursuant
2306	to paragraph (c). Within 3 business days after receipt of the
2307	written request for reconsideration, the division shall issue a
2308	response granting or denying the request for reconsideration.
2309	Such response shall uphold the statement in its entirety, modify
2310	the statement, or rescind the statement. If the response
2311	modifies the statement, the response shall constitute a new
2312	statement of interpretation for purposes of paragraphs (a) and
2313	(c). If more than one properly filed request for reconsideration
2314	is received, the division may consolidate the requests for the
2315	purpose of granting or denying such requests.
2316	(c)  Within 20 days after the issuance of a statement, any
2317	supervisor of elections, county canvassing board member, or
2318	other official subject to the statement may file a notice of
2319	appeal or petition for review in accordance with the Florida
2320	Rules of Appellate Procedure with the First District Court of
2321	Appeals. The court shall only set aside the statement when it
2322	finds that the statement is clearly erroneous or inconsistent
2323	with prior statements of interpretations issued pursuant to this
2324	subsection and deviation therefrom is not explained by the
2325	secretary. In the event that the court sets aside a statement
2326	issued pursuant to this subsection, the court shall remand its
2327	decision to the secretary, who shall issue a revised statement
2328	consistent with the ruling of the court.
2329	(d)  The secretary shall be the only proper party defendant
2330	to any action brought challenging the validity or legality of
2331	any statement issued by the secretary. Any person acting in good
2332	faith in conformity with a statement issued by the secretary
2333	shall not be subject to civil suit for such action or any
2334	criminal penalty provided for in this chapter.
2335	(e)  Any supervisor of elections, county canvassing board
2336	member, or other official having election-related duties who
2337	willfully fails to comply with a binding statement issued
2338	pursuant to this subsection shall be subject to the penalties
2339	contained in s. 104.051(2). Only the secretary may file a
2340	complaint with the Florida Elections Commission alleging willful
2341	failure to follow a binding statement. A member of a county
2342	canvassing board shall not be subject to the penalties contained
2343	in s. 104.051(2) if the member was not on the prevailing side of
2344	a vote of the county canvassing board that is contrary to a
2345	binding statement.
2346	(4)  A written record of all advisory opinions and
2347	statements of interpretation of the election laws issued by the
2348	Division of Elections, sequentially numbered, dated, and indexed
2349	by subject matter, shall be retained. A copy shall be sent to
2350	any person or organization upon request.
2351	(5)  Advisory opinions or statements of interpretation of
2352	the election laws are exempt from the provisions of chapter 120.
2353	Section 47.  Section 196.141, Florida Statutes, is amended
2354	to read:
2355	196.141  Homestead exemptions; duty of property
2356	appraiser.--
2357	(1)  The property appraiser shall examine each claim for
2358	exemption filed with or referred to him or her and shall allow
2359	the same, if found to be in accordance with law, by marking the
2360	same approved and by making the proper deductions on the tax
2361	books.
2362	(2)  The property appraiser shall examine each referral, of
2363	a person registering to vote at an address different from the
2364	one where the person has filed for a homestead exemption, which
2365	has been provided by a supervisor of elections pursuant to s.
2366	98.015. The property appraiser shall initiate procedures to
2367	terminate a person's homestead exemption and assess back taxes,
2368	if appropriate, if the person claiming such exemption is not
2369	entitled to the exemption under law.
2370	Section 48.  Sections 98.055, 98.095, 98.0977, 98.0979,
2371	98.101, 98.181, 98.231, 98.451, 98.481, and 101.635, Florida
2372	Statutes, are repealed.
2373	Section 49.  Except as otherwise provided herein, this act
2374	shall take effect January 1, 2006.

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