HB 1589

1	A bill to be entitled
2	An act relating to elections; amending s. 97.012, F.S.;
3	revising the duties of the Secretary of State and the
4	Department of State relating to election laws; providing
5	for rulemaking; authorizing the Secretary of State to
6	delegate voter registration and records maintenance duties
7	to voter registration officials; providing that the
8	secretary has a duty to bring legal action to enforce the
9	performance of county supervisors of elections or other
10	officials performing duties relating to the Florida
11	Election Code; providing a prerequisite to bringing such
12	an action; providing venue; requiring that courts give
13	priority to such an action; providing penalties; providing
14	for the adoption of rules; amending s. 97.021, F.S.;
15	revising and providing definitions; amending s. 97.026,
16	F.S.; providing rulemaking authority to make forms
17	available in alternative formats and via the Internet;
18	removing a cross reference; amending s. 97.051, F.S.;
19	revising the oath taken by a person registering to vote;
20	amending s. 97.052, F.S.; requiring that the uniform
21	statewide voter registration application be accepted for
22	replacement of a voter information card and signature
23	update; revising the information the uniform statewide
24	voter registration application must contain and must
25	elicit from the applicant; providing for the failure of a
26	voter registration applicant to answer questions on the
27	voter registration application; amending s. 97.053, F.S.;
28	revising the criteria for completeness of a voter
29	registration application; specifying the possible valid
30	recipients of a mailed voter registration application;
31	revising the information needed on a voter registration
32	application to establish an applicant's eligibility;
33	providing for verification of authenticity of certain
34	voter registration application information; providing for
35	a provisional ballot to be provided to an applicant if the
36	application is not verified by a certain date; requiring a
37	voter registration official to enter all voter
38	registration applications into the voter registration
39	system within a certain time period and forward such
40	applications to the supervisor of elections; amending s.
41	97.0535, F.S.; providing for applicants who have no valid
42	Florida driver's license, identification card, or social
43	security number; amending s. 97.055, F.S.; specifying the
44	information updates permitted for purposes of an upcoming
45	election once registration books are closed; amending s.
46	97.057, F.S.; revising the voter registration procedure by
47	the Department of Highway Safety and Motor Vehicles;
48	amending s. 97.058, F.S.; revising duties of voter
49	registration agencies; amending s. 97.061, F.S.; revising
50	special registration procedures for electors requiring
51	assistance; amending s. 97.071, F.S.; redesignating the
52	registration identification card as the voter information
53	card; revising requirements for the contents of the card;
54	amending s. 97.073, F.S.; revising the procedure by which
55	an applicant must supply missing information on the voter
56	registration application; revising provisions relating to
57	cancellation of previous registration; amending s.
58	97.1031, F.S.; revising provisions relating to notice of
59	change of residence, name, or party affiliation; amending
60	s. 97.105, F.S., relating to establishment of the
61	permanent single registration system, to conform; amending
62	s. 98.015, F.S.; revising the duties of supervisors of
63	elections; creating s. 98.035, F.S.; establishing a
64	statewide voter registration system; requiring the
65	Secretary of State to be responsible for the
66	implementation, operation, and maintenance of the system;
67	prohibiting the department from contracting with any other
68	entity to operate the system; authorizing the department
69	to adopt rules relating to the access, use, and operation
70	of the system; amending s. 98.045, F.S.; revising
71	provisions relating to administration of voter
72	registration; providing for the responsibility of such
73	administration to be undertaken by the department in lieu
74	of supervisors of elections; specifying ineligibility
75	criteria; revising provisions relating to removal of
76	registered voters; revising provisions relating to public
77	records access and retention; providing for the
78	establishment of a statewide electronic database of valid
79	residential street addresses; authorizing the department
80	to adopt rules relating to certain voter registration
81	system forms; amending s. 98.065, F.S.; revising
82	provisions relating to registration records maintenance;
83	providing for change of address; providing limitations on
84	notice and renewal; requiring supervisors of elections to
85	certify to the department certain list maintenance
86	activities; providing penalties; amending s. 98.075, F.S.;
87	providing for registration records maintenance by the
88	department; providing procedures in cases involving
89	duplicate registration, deceased persons, adjudication of
90	mental incapacity, felony conviction, and other bases for
91	ineligibility; providing procedures for removal; requiring
92	supervisors of elections to certify to the department
93	certain registration records maintenance activities;
94	creating s. 98.0755, F.S.; providing for appeal of a
95	determination of ineligibility; providing for
96	jurisdiction, burden of proof, and trial costs; amending
97	s. 98.077, F.S.; revising provisions relating to updating
98	a voter's signature; amending s. 98.081, F.S., relating to
99	removal of names from the statewide voter registration
100	system, to conform; amending s. 98.093, F.S.; revising the
101	duty of officials to furnish lists of deceased persons,
102	persons adjudicated mentally incapacitated, and persons
103	convicted of a felony; creating s. 98.0981, F.S.;
104	requiring the department to establish and maintain a
105	statewide voter registration database and provide such
106	database to the Legislature; specifying the required
107	contents of the database; amending s. 98.212, F.S.,
108	relating to furnishing of statistical and other
109	information, to conform; amending s. 98.461, F.S.;
110	authorizing use of an electronic database as a precinct
111	register and use of an electronic device for voter
112	signatures and witness initials; amending s. 100.371,
113	F.S.; revising the procedure by which constitutional
114	amendments proposed by initiative shall be placed on the
115	ballot; amending s. 101.001, F.S.; revising requirements
116	of supervisors relating to precincts and precinct
117	boundaries; providing exceptions; amending s. 101.043,
118	F.S.; revising requirements and procedures relating to
119	identification required at polls; amending s. 101.045,
120	F.S., relating to provisions for residence or name change
121	at the polls, to conform; amending s. 101.048, F.S.,
122	relating to provisional ballots, to conform; amending s.
123	101.161, F.S.; correcting a cross reference; amending s.
124	101.56062, F.S., relating to standards for accessible
125	voting systems, to conform;  amending s. 101.5608, F.S.;
126	revising a provision relating to an elector's signature
127	provided with identification prior to voting; creating s.
128	101.573, F.S.; requiring supervisors of elections to file
129	precinct-level election results; requiring the Department
130	of State to adopt rules; amending s. 101.62, F.S.;
131	correcting a cross reference; amending ss. 101.64 and
132	101.657, F.S.; requiring that the supervisor of elections
133	indicate on each absentee or early voted ballot the
134	precinct of the voter; amending s. 101.663, F.S., relating
135	to change of residence, to conform; amending s. 101.6921,
136	F.S., relating to delivery of special absentee ballots to
137	certain first-time voters, to conform; amending s.
138	101.6923, F.S., relating to special absentee ballot
139	instructions for certain first-time voters, to conform;
140	amending s. 102.012, F.S., relating to conduct of
141	elections by inspectors and clerks, to conform; amending
142	s. 104.013, F.S., relating to unauthorized use,
143	possession, or destruction of voter information cards, to
144	conform; amending s. 106.34, F.S.; revising provisions
145	relating to certain candidate expenditure limits;
146	providing a definition; amending s. 196.141, F.S.,
147	relating to homestead exemptions and duties of property
148	appraisers, to conform; amending s. 120.54, F.S.;
149	including certain rules pertaining to the Florida Election
150	Code within the definition of emergency rules governing
151	public health, safety, or welfare during specified times;
152	repealing s. 98.055, F.S., relating to registration list
153	maintenance forms; repealing s. 98.095, F.S., relating to
154	county registers open to inspection and copies; repealing
155	s. 98.0977, F.S., relating to the statewide voter
156	registration database and its operation and maintenance;
157	repealing s. 98.0979, F.S., relating to inspection of the
158	statewide voter registration; repealing s. 98.101, F.S.,
159	relating to specifications for permanent registration
160	binders, files, and forms; repealing s. 98.181, F.S.,
161	relating to duty of the supervisor of elections to make up
162	indexes or records; repealing s. 98.231, F.S., relating to
163	duty of the supervisor of elections to furnish the
164	department the number of registered electors; repealing s.
165	98.451, F.S., relating to automation in processing
166	registration data; repealing s. 98.481, F.S., relating to
167	challenges to electors; repealing s. 101.635, F.S.,
168	relating to distribution of blocks of printed ballots;
169	providing effective dates.
170
171	Be It Enacted by the Legislature of the State of Florida:
172
173	Section 1.  Subsections (1), (2), and (11) of section
174	97.012, Florida Statutes, are amended, and subsection (14) is
175	added to said section, to read:
176	97.012  Secretary of State as chief election officer.--The
177	Secretary of State is the chief election officer of the state,
178	and it is his or her responsibility to:
179	(1)  Obtain and maintain uniformity in the application,
180	operation, and interpretation and implementation of the election
181	laws. In order to obtain and maintain uniformity in the
182	interpretation and implementation of the elections laws, the
183	Department of State may, pursuant to ss. 120.536(1) and 120.54,
184	adopt by rule uniform standards for the proper and equitable
185	interpretation and implementation of the requirements of
186	chapters 97 through 102 and 105 of the Florida Election Code.
187	(2)  Provide uniform standards for the proper and equitable
188	implementation of the registration laws by administrative rule
189	of the Department of State adopted pursuant to ss. 120.536(1)
190	and 120.54.
191	(11)  Create and administer maintain a statewide voter
192	registration system as required by the Help America Vote Act of
193	2002 database. The secretary may delegate voter registration
194	duties and records maintenance activities to voter registration
195	officials. Any responsibilities delegated by the secretary shall
196	be performed in accordance with state and federal law.
197	(14)  Bring and maintain such actions at law or in equity
198	by mandamus or injunction to enforce the performance of any
199	duties of a county supervisor of elections or any official
200	performing duties with respect to chapters 97 through 102 and
201	105 or to enforce compliance with a rule of the Department of
202	State adopted to interpret or implement any of those chapters.
203	(a)  Venue for such actions shall be in the Circuit Court
204	of Leon County.
205	(b)  When the secretary files an action under this section
206	and not more than 60 days remain before an election as defined
207	in s. 97.021, or during the time period after the election and
208	before certification of the election pursuant to s. 102.112 or
209	s. 102.121, the court, including an appellate court, shall set
210	an immediate hearing, giving the case priority over other
211	pending cases.
212	(c)  Prior to filing an action to enforce performance of
213	the duties of the supervisor of elections or any official
214	described in this subsection, the secretary or his or her
215	designee first must confer, or must make a good-faith attempt to
216	confer, with the supervisor of elections or the official to
217	ensure compliance with chapters 97 through 102 and 105 or the
218	rules of the Department of State adopted under any of those
219	chapters.
220	Section 2.  Subsection (13) of section 97.021, Florida
221	Statutes, is amended, present subsections (38) and (39) are
222	renumbered as subsections (39) and (40), respectively, and a new
223	subsection (38) is added to said section, to read:
224	97.021  Definitions.--For the purposes of this code, except
225	where the context clearly indicates otherwise, the term:
226	(13)  "Lists of registered electors" means names and
227	associated information copies of printed lists of registered
228	electors maintained by the department in the statewide voter
229	registration system or generated or derived from the statewide
230	voter registration system. Lists may be produced in printed or
231	electronic format, computer tapes or disks, or any other device
232	used by the supervisor of elections to maintain voter records.
233	(38)  "Voter registration official" means any supervisor of
234	elections or individual authorized by the Secretary of State to
235	accept voter registration applications and execute updates to
236	the statewide voter registration system.
237	Section 3.  Section 97.026, Florida Statutes, is amended to
238	read:
239	97.026  Forms to be available in alternative formats and
240	via the Internet.--It is the intent of the Legislature that all
241	forms required to be used in chapters 97-106 shall be made
242	available upon request, in alternative formats. Such forms shall
243	include absentee ballots as alternative formats for such ballots
244	become available and the Division of Elections is able to
245	certify systems that provide them. The department may, pursuant
246	to ss. 120.536(1) and 120.54, adopt rules to administer this
247	section. Whenever possible, such forms, with the exception of
248	absentee ballots, shall be made available by the Department of
249	State via the Internet. Sections that contain such forms
250	include, but are not limited to, ss. 97.051, 97.052, 97.053,
251	97.057, 97.058, 97.0583, 97.071, 97.073, 97.1031, 98.055,
252	98.075, 99.021, 100.361, 100.371, 101.045, 101.171, 101.20,
253	101.6103, 101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and
254	106.087.
255	Section 4.  Section 97.051, Florida Statutes, is amended to
256	read:
257	97.051  Oath upon registering.--A person registering to
258	vote must subscribe to the following oath: "I do solemnly swear
259	(or affirm) that I will protect and defend the Constitution of
260	the United States and the Constitution of the State of Florida,
261	that I am qualified to register as an elector under the
262	Constitution and laws of the State of Florida, and that all
263	information provided in this application is true I am a citizen
264	of the United States and a legal resident of Florida."
265	Section 5.  Section 97.052, Florida Statutes, is amended to
266	read:
267	97.052  Uniform statewide voter registration application.--
268	(1)  The department shall prescribe by rule a uniform
269	statewide voter registration application for use in this state.
270	(a)  The uniform statewide voter registration application
271	must be accepted for any one or more of the following purposes:
272	1.  Initial registration.
273	2.  Change of address.
274	3.  Change of party affiliation.
275	4.  Change of name.
276	5.  Replacement of a voter information registration
277	identification card.
278	6.  Signature update.
279	(b)  The department is responsible for printing the uniform
280	statewide voter registration application and the voter
281	registration application form prescribed by the Federal Election
282	Assistance Commission pursuant to federal law the National Voter
283	Registration Act of 1993. The applications and forms must be
284	distributed, upon request, to the following:
285	1.  Individuals seeking to register to vote or update a
286	voter registration record.
287	2.  Individuals or groups conducting voter registration
288	programs. A charge of 1 cent per application shall be assessed
289	on requests for 10,000 or more applications.
290	3.  The Department of Highway Safety and Motor Vehicles.
291	4.  Voter registration agencies.
292	5.  Armed forces recruitment offices.
293	6.  Qualifying educational institutions.
294	7.  Supervisors, who must make the applications and forms
295	available in the following manner:
296	a.  By distributing the applications and forms in their
297	offices to any individual or group.
298	b.  By distributing the applications and forms at other
299	locations designated by each supervisor.
300	c.  By mailing the applications and forms to applicants
301	upon the request of the applicant.
302	(c)  The uniform statewide voter registration application
303	may be reproduced by any private individual or group, provided
304	the reproduced application is in the same format as the
305	application prescribed by rule under this section.
306	(2)  The uniform statewide voter registration application
307	must be designed to elicit the following information from the
308	applicant:
309	(a)  Last, first, and middle Full name, including any
310	suffix.
311	(b)  Date of birth.
312	(c)  Address of legal residence.
313	(d)  Mailing address, if different.
314	(e)  County of legal residence.
315	(f)  Address of property for which the applicant has been
316	granted a homestead exemption, if any.
317	(f)(g)  Race or ethnicity that best describes the
318	applicant:
319	1.  American Indian or Alaskan Native.
320	2.  Asian or Pacific Islander.
321	3.  Black, not Hispanic.
322	4.  White, not Hispanic.
323	5.  Hispanic.
324	(g)(h)  State or country of birth.
325	(h)(i)  Sex.
326	(i)(j)  Party affiliation.
327	(j)(k)  Whether the applicant needs assistance in voting.
328	(k)(l)  Name and address where last registered.
329	(l)(m)  Last four digits of the applicant's social security
330	number.
331	(m)(n)  Florida driver's license number or the
332	identification number from a Florida identification card issued
333	under s. 322.051.
334	(n)  An indication, if applicable, that the applicant has
335	not been issued a Florida driver's license, a Florida
336	identification card, or a social security number.
337	(o)  Telephone number (optional).
338	(p)  Signature of applicant under penalty for false
339	swearing pursuant to s. 104.011, by which the person subscribes
340	to the oath required by s. 3, Art. VI of the State Constitution
341	and s. 97.051, and swears or affirms that the information
342	contained in the registration application is true.
343	(q)  Whether the application is being used for initial
344	registration, to update a voter registration record, or to
345	request a replacement voter information registration
346	identification card.
347	(r)  Whether the applicant is a citizen of the United
348	States by asking the question "Are you a citizen of the United
349	States of America?" and providing boxes for the applicant to
350	check to indicate whether the applicant is or is not a citizen
351	of the United States.
352	(s)  Whether That the applicant has not been convicted of a
353	felony, and or, if convicted, has had his or her civil rights
354	restored by including the statement "I affirm I am not a
355	convicted felon or, if I am, my rights relating to voting have
356	been restored." and providing a box for the applicant to check
357	to affirm the statement.
358	(t)  Whether That the applicant has not been adjudicated
359	mentally incapacitated with respect to voting or, if so
360	adjudicated, has had his or her right to vote restored by
361	including the statement "I affirm I have not been adjudicated
362	mentally incapacitated with respect to voting or, if I have, my
363	competency has been restored." and providing a box for the
364	applicant to check to affirm the statement.
365
366	The registration application form must be in plain language and
367	designed so that convicted felons whose civil rights have been
368	restored and persons who have been adjudicated mentally
369	incapacitated and have had their voting rights restored are not
370	required to reveal their prior conviction or adjudication.
371	(3)  The uniform statewide voter registration application
372	must also contain:
373	(a)  The oath required by s. 3, Art. VI of the State
374	Constitution and s. 97.051.
375	(b)  A statement specifying each eligibility requirement
376	under s. 97.041.
377	(c)  The penalties provided in s. 104.011 for false
378	swearing in connection with voter registration.
379	(d)  A statement that, if an applicant declines to register
380	to vote, the fact that the applicant has declined to register
381	will remain confidential and may be used only for voter
382	registration purposes.
383	(e)  A statement that informs the applicant who chooses to
384	register to vote or update a voter registration record that the
385	office at which the applicant submits a voter registration
386	application or updates a voter registration record will remain
387	confidential and may be used only for voter registration
388	purposes.
389	(f)  A statement that informs the applicant that any person
390	who has been granted a homestead exemption in this state, and
391	who registers to vote in any precinct other than the one in
392	which the property for which the homestead exemption has been
393	granted, shall have that information forwarded to the property
394	appraiser where such property is located, which may result in
395	the person's homestead exemption being terminated and the person
396	being subject to assessment of back taxes under s. 193.092,
397	unless the homestead granted the exemption is being maintained
398	as the permanent residence of a legal or natural dependent of
399	the owner and the owner resides elsewhere.
400	(f)(g)  A statement informing an the applicant who has not
401	been issued a Florida driver's license, a Florida identification
402	card, or a social security number that if the application form
403	is submitted by mail and the applicant is registering for the
404	first time in this state, the applicant will be required to
405	provide identification prior to voting the first time.
406	(4)  A supervisor may produce a voter registration
407	application that has the supervisor's direct mailing address if
408	the department has reviewed the application and determined that
409	it is substantially the same as the uniform statewide voter
410	registration application.
411	(5)  The voter registration application form prescribed by
412	the Federal Election Assistance Commission pursuant to federal
413	law the National Voter Registration Act of 1993 or the federal
414	postcard application must be accepted as an application for
415	registration in this state if the completed application or
416	postcard application contains the information required by the
417	constitution and laws of this state.
418	(6)  If a voter registration applicant fails to provide any
419	of the required information on the voter registration
420	application form, the supervisor shall notify the applicant of
421	the failure by mail within 5 business days after the supervisor
422	has the information available in the voter registration system.
423	The applicant shall have an opportunity to complete the
424	application form to vote in the next election up until the book
425	closing for that next election.
426	Section 6.  Section 97.053, Florida Statutes, is amended to
427	read:
428	97.053  Acceptance of voter registration applications.--
429	(1)  Voter registration applications, changes in
430	registration, and requests for a replacement voter information
431	registration identification card must be accepted in the office
432	of any supervisor, the division, a driver license office, a
433	voter registration agency, or an armed forces recruitment office
434	when hand delivered by the applicant or a third party during the
435	hours that office is open or when mailed.
436	(2)  A completed voter registration application is complete
437	and that contains the information necessary to establish an
438	applicant's eligibility pursuant to s. 97.041 becomes the
439	official voter registration record of that applicant when all
440	information necessary to establish the applicant's eligibility
441	pursuant to s. 97.041 is received by a voter registration
442	official and verified pursuant to subsection (6) the appropriate
443	supervisor. If the applicant fails to complete his or her voter
444	registration application prior to the date of book closing for
445	an election, then such applicant shall not be eligible to vote
446	in that election.
447	(3)  The registration date for a valid initial voter
448	registration application that has been hand delivered is the
449	date that the application is when received by a driver license
450	office, a voter registration agency, an armed forces recruitment
451	office, the division, or the office of any supervisor in the
452	state.
453	(4)  The registration date for a valid initial voter
454	registration application that has been mailed to a driver
455	license office, a voter registration agency, an armed forces
456	recruitment office, the division, or the office of any
457	supervisor in the state and bears a clear postmark is the date
458	of that the postmark. If an initial voter registration
459	application that has been mailed does not bear a postmark or if
460	the postmark is unclear, the registration date is the date the
461	application registration is received by any supervisor or the
462	division, unless it is received within 5 days after the closing
463	of the books for an election, excluding Saturdays, Sundays, and
464	legal holidays, in which case the registration date is the book-
465	closing date.
466	(5)(a)  A voter registration application is complete if it
467	contains the following information necessary to establish the
468	applicant's eligibility pursuant to s. 97.041:
469	1.  The applicant's name.
470	2.  The applicant's legal residence address.
471	3.  The applicant's date of birth.
472	4.  A mark in the checkbox affirming An indication that the
473	applicant is a citizen of the United States.
474	5.a.  The applicant's current and valid Florida driver's
475	license number or, the identification number from a Florida
476	identification card issued under s. 322.051, or
477	b.  If the applicant has not been issued a current and
478	valid Florida driver's license or a Florida identification card,
479	the last four digits of the applicant's social security number.
480
481	In case an applicant has not been issued a current and valid
482	Florida driver's license, Florida identification card, or social
483	security number, the applicant shall affirm this fact in the
484	manner prescribed in the uniform statewide voter registration
485	application.
486	6.  A mark in the checkbox affirming An indication that the
487	applicant has not been convicted of a felony or that, if
488	convicted, has had his or her civil rights restored.
489	7.  A mark in the checkbox affirming An indication that the
490	applicant has not been adjudicated mentally incapacitated with
491	respect to voting or that, if so adjudicated, has had his or her
492	right to vote restored.
493	8.  The original signature or a digital signature
494	transmitted by the Department of Highway Safety and Motor
495	Vehicles of the applicant swearing or affirming under the
496	penalty for false swearing pursuant to s. 104.011 that the
497	information contained in the registration application is true
498	and subscribing to the oath required by s. 3, Art. VI of the
499	State Constitution and s. 97.051.
500	(b)  An applicant who fails to designate party affiliation
501	must be registered without party affiliation. The supervisor
502	must notify the voter by mail that the voter has been registered
503	without party affiliation and that the voter may change party
504	affiliation as provided in s. 97.1031.
505	(6)  A voter registration application may be accepted as
506	valid only after the department has verified the authenticity or
507	nonexistence of the driver's license number, the Florida
508	identification card number, or the last four digits of the
509	social security number provided by the applicant. If a completed
510	voter registration application has been received by the book-
511	closing deadline but the driver's license number, the Florida
512	identification card number, or the last four digits of the
513	social security number provided by the applicant cannot be
514	verified prior to the applicant presenting himself or herself to
515	vote, the applicant shall be provided a provisional ballot. The
516	provisional ballot shall be counted only if the application is
517	verified by the end of the canvassing period or if the applicant
518	presents evidence to the supervisor of elections sufficient to
519	verify the authenticity of the driver's license number, Florida
520	identification card number, or last four digits of the social
521	security number provided on the application no later than 5 p.m.
522	of the third day following the election.
523	(7)  All voter registration applications received by a
524	voter registration official shall be entered into the statewide
525	voter registration system within 15 days after receipt. Once
526	entered, the application shall be immediately forwarded to the
527	appropriate supervisor of elections.
528	Section 7.  Subsections (1), (2), and (3) of section
529	97.0535, Florida Statutes, are amended to read:
530	97.0535  Special requirements for certain applicants.--
531	(1)  Each applicant who registers by mail and who has never
532	previously voted in the state and who the department has
533	verified has not been issued a current and valid Florida
534	driver's license, Florida identification card, or social
535	security number county shall be required to provide a copy of a
536	current and valid identification, as provided in subsection (3),
537	or indicate that he or she is exempt from the requirements prior
538	to voting. Such The applicant may provide the identification or
539	indication may be provided at the time of registering, or at any
540	time prior to voting for the first time in the state county. If
541	the voter registration application clearly provides information
542	from which a voter registration official the supervisor can
543	determine that the applicant meets at least one of the
544	exemptions in subsection (4), the voter registration official
545	supervisor shall make the notation on the registration records
546	of the statewide voter registration system and the applicant
547	shall not be required to provide the identification required by
548	this section further information that is required of first time
549	voters who register by mail.
550	(2)  The voter registration official supervisor of
551	elections shall, upon accepting the voter registration
552	application submitted pursuant to subsection (1) for an
553	applicant who registered by mail and who has not previously
554	voted in the county, determine if the applicant provided the
555	required identification at the time of registering. If the
556	required identification was not provided, the supervisor shall
557	notify the applicant that he or she must provide the
558	identification prior to voting the first time in the state
559	county.
560	(3)(a)  The following forms of identification shall be
561	considered current and valid if they contain the name and
562	photograph of the applicant and have not expired:
563	1.  Florida driver's license.
564	2.  Florida identification card issued by the Department of
565	Highway Safety and Motor Vehicles.
566	1.3.  United States passport.
567	2.4.  Employee badge or identification.
568	3.5.  Buyer's club identification.
569	4.6.  Debit or credit card.
570	5.7.  Military identification.
571	6.8.  Student identification.
572	7.9.  Retirement center identification.
573	8.10.  Neighborhood association identification.
574	11.  Entertainment identification.
575	9.12.  Public assistance identification.
576	(b)  The following forms of identification shall be
577	considered current and valid if they contain the name and
578	current residence address of the applicant:
579	1.  Utility bill.
580	2.  Bank statement.
581	3.  Government check.
582	4.  Paycheck.
583	5.  Other government document (excluding voter
584	identification card).
585	Section 8.  Subsection (1) of section 97.055, Florida
586	Statutes, is amended to read:
587	97.055  Registration books; when closed for an election.--
588	(1)  The registration books must be closed on the 29th day
589	before each election and must remain closed until after that
590	election. If an election is called and there are fewer than 29
591	days before that election, the registration books must be closed
592	immediately. When the registration books are closed for an
593	election, only updates to a voter's name, address, and signature
594	pursuant to ss. 98.077 and 101.045 will be permitted for
595	purposes of the upcoming election. Voter registration
596	applications and party changes must be accepted but only for the
597	purpose of subsequent elections. However, party changes received
598	between the book-closing date of the first primary election and
599	the date of the second primary election are not effective until
600	after the second primary election.
601	Section 9.  Section 97.057, Florida Statutes, is amended to
602	read:
603	97.057  Voter registration by the Department of Highway
604	Safety and Motor Vehicles.--
605	(1)  The Department of Highway Safety and Motor Vehicles
606	shall provide the opportunity to register to vote or to update a
607	voter registration record to each individual who comes to an
608	office of that department to:
609	(a)  Apply for or renew a driver's license;
610	(b)  Apply for or renew an identification card pursuant to
611	chapter 322; or
612	(c)  Change an address on an existing driver's license or
613	identification card.
614	(2)  The Department of Highway Safety and Motor Vehicles
615	shall:
616	(a)  Notify each individual, orally or in writing, that:
617	1.  Information gathered for the completion of a driver's
618	license or identification card application, renewal, or change
619	of address can be automatically transferred to a voter
620	registration application;
621	2.  If additional information and a signature are provided,
622	the voter registration application will be completed and sent to
623	the proper election authority;
624	3.  Information provided can also be used to update a voter
625	registration record;
626	4.  All declinations will remain confidential and may be
627	used only for voter registration purposes; and
628	5.  The particular driver license office in which the
629	person applies to register to vote or updates a voter
630	registration record will remain confidential and may be used
631	only for voter registration purposes.
632	(b)  Require a driver's license examiner to inquire orally,
633	or, if the applicant is hearing impaired, inquire in writing if
634	the applicant is hearing impaired, and whether the applicant
635	wishes to register to vote or update a voter registration record
636	during the completion of a driver's license or identification
637	card application, renewal, or change of address.
638	1.  If the applicant chooses to register to vote or to
639	update a voter registration record:
640	a.  All applicable information received by the Department
641	of Highway Safety and Motor Vehicles in the course of filling
642	out the forms necessary under subsection (1) must be transferred
643	to a voter registration application.;
644	b.  The additional necessary information must be obtained
645	by the driver's license examiner and must not duplicate any
646	information already obtained while completing the forms required
647	under subsection (1).; and
648	c.  A voter registration application with all of the
649	applicant's voter registration information required to establish
650	the applicant's eligibility pursuant to s. 97.041 must be
651	presented to the applicant to review and verify the voter
652	registration information received and provide an electronic
653	signature affirming the accuracy of the information provided
654	sign.
655	2.  If the applicant declines to register to vote, update
656	the applicant's voter registration record, or change the
657	applicant's address by either orally declining or by failing to
658	sign the voter registration application, the Department of
659	Highway Safety and Motor Vehicles must note such declination on
660	its records and shall forward the declination to the statewide
661	voter registration system keep the declination for 2 years but
662	must forward a copy of the unsigned voter registration
663	application within 5 days after receipt to the appropriate
664	supervisor of elections.
665	(3)  For the purpose of this section, the Department of
666	Highway Safety and Motor Vehicles, with the approval of the
667	Department of State, shall prescribe:
668	(a)  A voter registration application that is the same in
669	content, format, and size as the uniform statewide voter
670	registration application prescribed under s. 97.052; and
671	(b)  A form that will inform applicants under subsection
672	(1) of the information contained in paragraph (2)(a).
673	(4)  The Department of Highway Safety and Motor Vehicles
674	must electronically transmit forward completed voter
675	registration applications within 24 hours after receipt to the
676	statewide voter registration system. Completed paper voter
677	registration applications received by the Department of Highway
678	Safety and Motor Vehicles shall be forwarded within 5 days after
679	receipt to the supervisor of the county where the office that
680	processed or received that application is located.
681	(5)  The Department of Highway Safety and Motor Vehicles
682	must send, with each driver's license renewal extension
683	application authorized pursuant to s. 322.18(8), a uniform
684	statewide voter registration application, the voter registration
685	application prescribed under paragraph (3)(a), or a voter
686	registration application developed especially for the purposes
687	of this subsection by the Department of Highway Safety and Motor
688	Vehicles, with the approval of the Department of State, which
689	must meet the requirements of s. 97.052.
690	(6)  A person providing voter registration services for a
691	driver license office may not:
692	(a)  Seek to influence an applicant's political preference
693	or party registration;
694	(b)  Display any political preference or party allegiance;
695	(c)  Make any statement to an applicant or take any action
696	the purpose or effect of which is to discourage the applicant
697	from registering to vote; or
698	(d)  Disclose any applicant's voter registration
699	information except as needed for the administration of voter
700	registration.
701	(7)  The Department of Highway Safety and Motor Vehicles
702	shall compile lists, by county, of those individuals whose names
703	have been purged from its driver's license database because they
704	have been licensed in another state and shall provide those
705	lists annually to the appropriate supervisors.
706	(7)(8)  The Department of Highway Safety and Motor Vehicles
707	shall collect data determined necessary by the Department of
708	State for program evaluation and reporting to the Federal
709	Election Assistance Commission pursuant to federal law the
710	National Voter Registration Act of 1993.
711	(8)(9)  The Department of Highway Safety and Motor Vehicles
712	must ensure that all voter registration services provided by
713	driver license offices are in compliance with the Voting Rights
714	Act of 1965.
715	(9)  The Department of Highway Safety and Motor Vehicles
716	shall retain complete records of voter registration information
717	received, processed, and submitted to the statewide voter
718	registration system by the Department of Highway Safety and
719	Motor Vehicles. These records shall be for the explicit purpose
720	of supporting audit and accounting controls established to
721	ensure accurate and complete electronic transmission of records
722	between the statewide voter registration system and the
723	Department of Highway Safety and Motor Vehicles.
724	(10)  The department shall provide the Department of
725	Highway Safety and Motor Vehicles with an electronic database of
726	street addresses valid for use as the legal residence address as
727	required in s. 97.053(5). The Department of Highway Safety and
728	Motor Vehicles shall compare the address provided by the
729	applicant against the database of valid street addresses. If the
730	address provided by the applicant does not match a valid street
731	address in the database, the applicant will be asked to verify
732	the address provided. The Department of Highway Safety and Motor
733	Vehicles shall not reject any application for voter registration
734	for which a valid match cannot be made.
735	(11)  The Department of Highway Safety and Motor Vehicles
736	shall enter into an agreement with the department to match
737	information in the statewide voter registration system with
738	information in the database of the Department of Highway Safety
739	and Motor Vehicles to the extent required to verify the accuracy
740	of the driver's license number, Florida identification number,
741	or last four digits of the social security number provided on
742	applications for voter registration as required in s. 97.053.
743	(12)  The Department of Highway Safety and Motor Vehicles
744	shall enter into an agreement with the Commissioner of Social
745	Security as required by the Help America Vote Act of 2002 to
746	verify the last four digits of the social security number
747	provided in applications for voter registration as required in
748	s. 97.053.
749	Section 10.  Subsections (6), (7), and (9) of section
750	97.058, Florida Statutes, are amended to read:
751	97.058  Voter registration agencies.--
752	(6)  A voter registration agency must forward all completed
753	and incomplete voter registration applications within 5 days
754	after receipt to the supervisor of the county where the agency
755	that processed or received that application is located.
756	(7)  A voter registration agency must retain declinations
757	for a period of 2 years, during which time the declinations are
758	not considered a record of the client pursuant to the laws
759	governing the agency's records. However, a voter registration
760	agency must forward a copy of each incompleted voter
761	registration application within 5 days after receipt to the
762	appropriate supervisor of elections.
763	(9)  A voter registration agency must collect data
764	determined necessary by the department, as provided by rule, for
765	program evaluation and reporting to the Federal Election
766	Assistance Commission pursuant to federal law the National Voter
767	Registration Act of 1993.
768	Section 11.  Section 97.061, Florida Statutes, is amended
769	to read:
770	97.061  Special registration for electors requiring
771	assistance.--
772	(1)  Any person who is eligible to register and who is
773	unable to read or write or who, because of some disability,
774	needs assistance in voting shall upon that person's request be
775	registered by the supervisor under the procedure prescribed by
776	this section and shall be entitled to receive assistance at the
777	polls under the conditions prescribed by this section. The
778	department may adopt rules to administer this section.
779	(2)  If a person is qualified to register pursuant to this
780	section, the voter registration official supervisor shall note
781	in that person's registration record that the person needs
782	assistance in voting.
783	(3)  The precinct register generated by the supervisor
784	shall contain Upon registering any person pursuant to this
785	section, the supervisor must make a notation on the registration
786	books or records which are delivered to the polls on election
787	day that such person is eligible for assistance in voting, and
788	the supervisor may issue such person a special registration
789	identification card or make a some notation on the voter
790	information regular registration identification card that such
791	person is eligible for assistance in voting. Such person shall
792	be entitled to receive the assistance of two election officials
793	or some other person of his or her own choice, other than the
794	person's employer, the agent of the person's employer, or an
795	officer or agent of the person's union, without the necessity of
796	executing the "Declaration to Secure Assistance" prescribed in
797	s. 101.051. Such person shall notify the supervisor of any
798	change in his or her condition which makes it unnecessary for
799	him or her to receive assistance in voting.
800	Section 12.  Section 97.071, Florida Statutes, is amended
801	to read:
802	97.071  Voter information Registration identification
803	card.--
804	(1)  A voter information registration identification card
805	shall must be furnished by the supervisor to all registered
806	voters residing in the supervisor's county. The card may
807	registering under the permanent single registration system and
808	must contain:
809	(a)  Voter's registration number.
810	(b)  Date of registration.
811	(c)  Full name.
812	(d)  Party affiliation.
813	(e)  Date of birth.
814	(f)  Race or ethnicity, if provided by the applicant.
815	(g)  Sex, if provided by the applicant.
816	(f)(h)  Address of legal residence.
817	(g)(i)  Precinct number.
818	(h)(j)  Name of supervisor and contact information of
819	supervisor.
820	(k)  Place for voter's signature.
821	(i)(l)  Other information deemed necessary by the
822	supervisor department.
823	(2)  A voter may receive a replacement voter information of
824	a registration identification card by providing a signed,
825	written request for a replacement card to a voter registration
826	official the supervisor. Upon verification of registration, the
827	supervisor shall issue the voter a duplicate card without
828	charge.
829	(3)  In the case of a change of name, address, or party
830	affiliation, the supervisor shall must issue the voter a new
831	voter information registration identification card. However, a
832	voter information registration identification card indicating a
833	party affiliation change made between the book-closing date for
834	the first primary election and the date of the second primary
835	election may not be issued until after the second primary
836	election.
837	Section 13.  Section 97.073, Florida Statutes, is amended
838	to read:
839	97.073  Disposition of voter registration applications;
840	cancellation notice.--
841	(1)  The supervisor must notify each applicant of the
842	disposition of the applicant's voter registration application.
843	The notice must inform the applicant that the application has
844	been approved, is incomplete, has been denied, or is a duplicate
845	of a current registration. A voter information registration
846	identification card sent to an applicant constitutes notice of
847	approval of registration. If the application is incomplete, the
848	supervisor must request that the applicant supply the missing
849	information using a voter registration application signed by the
850	applicant in writing and sign a statement that the additional
851	information is true and correct. A notice of denial must inform
852	the applicant of the reason the application was denied.
853	(2)  Within 2 weeks after approval of a voter registration
854	application that indicates that the applicant was previously
855	registered in another state jurisdiction, the department
856	supervisor must notify the registration official in the prior
857	state jurisdiction that the applicant is now registered in this
858	state the supervisor's county.
859	Section 14.  Section 97.1031, Florida Statutes, is amended
860	to read:
861	97.1031  Notice of change of residence within the same
862	county, change of name, or change of party affiliation.--
863	(1)  When an elector moves from the address named on that
864	person's voter registration record to another address within the
865	same county, the elector must provide notification of such move
866	to the supervisor of elections of that county. The elector may
867	provide the supervisor a signed, written notice or may notify
868	the supervisor by telephone or electronic means. However,
869	notification of such move other than by signed, written notice
870	must include the elector's date of birth. An elector may also
871	provide notification to other voter registration officials as
872	provided in subsection (2). A voter information registration
873	identification card reflecting the new information address of
874	legal residence shall be issued to the elector as provided in
875	subsection (3)(4).
876	(2)  When an elector moves from the address named on that
877	person's voter registration record to another address in a
878	different county but within the state, the elector seeks to
879	change party affiliation, or the name of an elector is changed
880	by marriage or other legal process, the elector shall must
881	provide notice a signed, written notification of such change to
882	a voter registration official using a voter registration
883	application signed by the elector. A voter information the
884	supervisor and obtain a registration identification card
885	reflecting the new information shall be issued to the elector as
886	provided in subsection (3) name.
887	(3)  When an elector seeks to change party affiliation, the
888	elector must provide a signed, written notification of such
889	intent to the supervisor and obtain a registration
890	identification card reflecting the new party affiliation,
891	subject to the issuance restriction in s. 97.071(3).
892	(3)(4)  The voter registration official supervisor shall
893	make the necessary changes in the elector's records as soon as
894	practical upon receipt of such notice of a change of address of
895	legal residence, name, or party affiliation. The supervisor of
896	elections and shall issue the new voter information registration
897	identification card as required by s. 97.071(3).
898	Section 15.  Section 97.105, Florida Statutes, is amended
899	to read:
900	97.105  Permanent single registration system
901	established.--A permanent single registration system for the
902	registration of electors to qualify them to vote in all
903	elections is provided for the several counties and
904	municipalities. This system shall be put into use by all
905	municipalities and shall be in lieu of any other system of
906	municipal registration. Electors shall be registered pursuant to
907	in pursuance of this system by a voter registration official the
908	supervisor or by a deputy supervisor, and electors registered
909	shall not thereafter be required to register or reregister
910	except as provided by law.
911	Section 16.  Subsections (3), (10), and (11) of section
912	98.015, Florida Statutes, are amended, and subsection (12) is
913	added to said section, to read:
914	98.015  Supervisor of elections; election, tenure of
915	office, compensation, custody of books, office hours, successor,
916	seal; appointment of deputy supervisors; duties.--
917	(3)  The supervisor shall update voter registration
918	information, enter new voter registrations into the statewide
919	voter registration system, and act as is the official custodian
920	of documents received by the supervisor related to the
921	registration of electors and changes in voter registration
922	status of electors of the supervisor's county the registration
923	books and has the exclusive control of matters pertaining to
924	registration of electors.
925	(10)  Each supervisor shall must ensure that all voter
926	registration and list maintenance procedures conducted by such
927	supervisor are in compliance with any applicable requirements
928	prescribed by rule of the department through the statewide voter
929	registration system or prescribed by for that county under the
930	Voting Rights Act of 1965, the National Voter Registration Act
931	of 1993, or the Help America Vote Act of 2002.
932	(11)  Each supervisor shall ensure that any voter
933	registration system used by the supervisor for administering his
934	or her duties as a voter registration official complies with the
935	specifications and procedures established by rule of the
936	department and the statewide voter registration system Each
937	supervisor of elections shall forward to the property appraiser
938	for the county in which the homestead is claimed the name of the
939	person and the address of the homestead of each person who
940	registers to vote at an address other than that at which the
941	person claims a homestead exemption, as disclosed on the uniform
942	statewide voter registration application pursuant to s. 97.052.
943	(12)  Each supervisor shall maintain a list of valid
944	residential street addresses for purposes of verifying the legal
945	addresses of voters residing in the supervisor's county. The
946	supervisor shall make all reasonable efforts to coordinate with
947	county 911 service providers, property appraisers, the United
948	States Postal Service, or other agencies as necessary to ensure
949	the continued accuracy of such list. The supervisor shall
950	provide the list of valid residential addresses to the statewide
951	voter registration system in the manner and frequency specified
952	by rule of the department.
953	Section 17.  Section 98.035, Florida Statutes, is created
954	to read:
955	98.035  Statewide voter registration system;
956	implementation, operation, and maintenance.--
957	(1)  The Secretary of State, as chief election officer of
958	the state, shall be responsible for implementing, operating, and
959	maintaining, in a uniform and nondiscriminatory manner, a
960	single, uniform, official, centralized, interactive,
961	computerized statewide voter registration system as required by
962	the Help America Vote Act of 2002. The department may adopt
963	rules to administer this section.
964	(2)  The statewide voter registration system must contain
965	the name and registration information of every legally
966	registered voter in the state. All voters shall be assigned a
967	unique identifier. The system shall be the official list of
968	registered voters in the state and shall provide secured access
969	by authorized voter registration officials. The system shall
970	enable voter registration officials to provide, access, and
971	update voter registration information.
972	(3)  The department may not contract with any other entity
973	for the operation of the statewide voter registration system.
974	(4)  The implementation of the statewide voter registration
975	system shall not prevent any supervisor of elections from
976	acquiring, maintaining, or using any hardware or software
977	necessary or desirable to carry out the supervisor's
978	responsibilities related to the use of voter registration
979	information or the conduct of elections, provided that such
980	hardware or software does not conflict with the operation of the
981	statewide voter registration system.
982	(5)  The department may adopt rules governing the access,
983	use, and operation of the statewide voter registration system to
984	ensure security, uniformity, and integrity of the system.
985	Section 18.  Section 98.045, Florida Statutes, is amended
986	to read:
987	98.045  Administration of voter registration.--
988	(1)  ELIGIBILITY OF APPLICANT.--The Each supervisor must
989	ensure that any eligible applicant for voter registration is
990	registered to vote and that each application for voter
991	registration is processed in accordance with law. The supervisor
992	shall determine whether a voter registration applicant is
993	ineligible based on any of the following:
994	(a)  The failure to complete a voter registration
995	application as specified in s. 97.053.
996	(b)  The applicant is deceased.
997	(c)  The applicant has been convicted of a felony for which
998	his or her civil rights have not been restored.
999	(d)  The applicant has been adjudicated mentally
1000	incapacitated with respect to the right to vote and such right
1001	has not been restored.
1002	(e)  The applicant does not meet the age requirement
1003	pursuant to s. 97.041.
1004	(f)  The applicant is not a United States citizen.
1005	(g)  The applicant is a fictitious person.
1006	(h)  The applicant has provided an address of legal
1007	residence that is not his or her legal residence.
1008	(i)  The applicant has provided a driver's license number,
1009	Florida identification card number, or the last four digits of a
1010	social security number that is not verifiable by the department.
1011	(2)  REMOVAL OF REGISTERED VOTERS.--
1012	(a)  Once a voter is registered, the name of that voter may
1013	not be removed from the statewide voter registration system
1014	books except at the written request of the voter, by reason of
1015	the voter's conviction of a felony or adjudication as mentally
1016	incapacitated with respect to voting, by death of the voter, or
1017	pursuant to a registration list maintenance program or other
1018	registration list maintenance activity conducted pursuant to s.
1019	98.065 or, s. 98.075, or s. 98.0977.
1020	(b)(2)  Information received by a voter registration
1021	official supervisor from an election official in another state
1022	jurisdiction indicating that a registered voter in this state
1023	the supervisor's county has registered to vote in that other
1024	state jurisdiction shall be considered as a written request from
1025	the voter to have the voter's name removed from the statewide
1026	voter registration system books of the supervisor's county.
1027	(3)  PUBLIC RECORDS ACCESS AND RETENTION.--Notwithstanding
1028	the provisions of ss. 98.095 and 98.0977, Each supervisor shall
1029	maintain for at least 2 years, and make available for public
1030	inspection and copying, all records concerning implementation of
1031	registration list maintenance programs and activities conducted
1032	pursuant to ss. 98.065 and, 98.075, and 98.0977. The records
1033	must include lists of the name and address of each person to
1034	whom a an address confirmation final notice was sent and
1035	information as to whether each such person responded to the
1036	mailing, but may not include any information that is
1037	confidential or exempt from public records requirements under
1038	this code.
1039	(4)  STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
1040	STREET ADDRESSES.--
1041	(a)  The department shall compile and maintain a statewide
1042	electronic database of valid residential street addresses from
1043	the information provided by the supervisors of elections
1044	pursuant to s. 98.015. The department shall evaluate the
1045	information provided by the supervisors of elections to identify
1046	any duplicate addresses and any address that may overlap county
1047	boundaries.
1048	(b)  The department shall make the statewide database of
1049	valid street addresses available to the Department of Highway
1050	Safety and Motor Vehicles as provided in s. 97.057(10). The
1051	Department of Highway Safety and Motor Vehicles shall use the
1052	database for purposes of validating the legal residential
1053	addresses provided in voter registration applications received
1054	by the Department of Highway Safety and Motor Vehicles.
1055	(5)  FORMS.--The department may prescribe by rule forms
1056	necessary to conduct maintenance of records in the statewide
1057	voter registration system.
1058	Section 19.  Section 98.065, Florida Statutes, as amended
1059	by section 6 of chapter 2002-281, Laws of Florida, is amended to
1060	read:
1061	98.065  Registration list maintenance programs.--
1062	(1)  The supervisor must conduct a general registration
1063	list maintenance program to protect the integrity of the
1064	electoral process by ensuring the maintenance of accurate and
1065	current voter registration records in the statewide voter
1066	registration system. The program must be uniform,
1067	nondiscriminatory, and in compliance with the Voting Rights Act
1068	of 1965, the National Voter Registration Act of 1993, and the
1069	Help America Vote Act of 2002. As used in this subsection, the
1070	term "nondiscriminatory" applies to and includes persons with
1071	disabilities.
1072	(2)  A supervisor must incorporate one or more of the
1073	following procedures in the supervisor's biennial registration
1074	list maintenance program under which:
1075	(a)  Change-of-address information supplied by the United
1076	States Postal Service through its licensees is used to identify
1077	registered voters whose addresses might have changed;
1078	(b)  Change-of-address information is identified from
1079	returned nonforwardable return-if-undeliverable mail sent to all
1080	registered voters in the county; or
1081	(c)  Change-of-address information is identified from
1082	returned nonforwardable return-if-undeliverable address
1083	confirmation requests mailed to all registered voters who have
1084	not voted in the last 2 years and who did not make a written
1085	request that their registration records be updated during that
1086	time.
1087	(3)  A registration list maintenance program must be
1088	conducted by each supervisor, at a minimum, in each odd-numbered
1089	year and must be completed not later than 90 days prior to the
1090	date of any federal election. All list maintenance actions
1091	associated with each voter must be entered, tracked, and
1092	maintained in the statewide voter registration system.
1093	(4)(a)  If the supervisor receives change-of-address
1094	information pursuant to the activities conducted in subsection
1095	(2), from jury notices signed by the voter and returned to the
1096	courts, from the Department of Highway Safety and Motor
1097	Vehicles, or from other sources, which information indicates
1098	that the legal address of a registered voter might have changed,
1099	the supervisor shall send by forwardable return-if-undeliverable
1100	mail an address confirmation notice to the address at which the
1101	voter was last registered. A supervisor may also send an address
1102	confirmation notice to any voter who the supervisor has reason
1103	to believe has moved from his or her legal residence.
1104	(b)  The address confirmation notice shall contain a
1105	postage prepaid preaddressed return form on which:
1106	1.  If the voter has changed his or her address of legal
1107	residence to a location outside the state, the voter shall mark
1108	that the voter's legal residence has changed to a location
1109	outside the state. The form shall also include information on
1110	how to register in the new state in order to be eligible to
1111	vote. The form must be returned within 30 days after the date of
1112	the notice. The completed form shall constitute a request to be
1113	removed from the statewide voter registration system.
1114	2.  If the voter has changed his or her address of legal
1115	residence to a location inside the state, the voter shall set
1116	forth the updated or corrected address and submit the return
1117	form within 30 days after the date of the notice. The completed
1118	form shall constitute a request to update the statewide voter
1119	registration system with the updated or corrected address
1120	information.
1121	3.  If the voter has not changed his or her address of
1122	legal residence as printed on the address confirmation notice,
1123	the voter shall confirm that his or her address of legal
1124	residence has not changed and submit the form within 30 days
1125	after the date of the notice.
1126	(c)  The supervisor must designate as inactive all voters
1127	who have been sent an address confirmation notice and who have
1128	not returned the postage prepaid preaddressed return form within
1129	30 days or for which an address confirmation notice has been
1130	returned as undeliverable. Names on the inactive list may not be
1131	used to calculate the number of signatures needed on any
1132	petition. A voter on the inactive list may be restored to the
1133	active list of voters upon the voter updating his or her
1134	registration, requesting an absentee ballot, or appearing to
1135	vote. However, if the voter does not update his or her voter
1136	registration information, request an absentee ballot, or vote by
1137	the second general election after being placed on the inactive
1138	list, the voter's name shall be removed from the statewide voter
1139	registration system and the voter shall be required to
1140	reregister to have his or her name restored to the statewide
1141	voter registration system.
1142	(5)  A notice may not be issued pursuant to this section
1143	and a voter's name may not be removed from the statewide voter
1144	registration system later than 90 days prior to the date of a
1145	federal election. However, this section does not preclude the
1146	removal of the name of a voter from the statewide voter
1147	registration system at any time upon the voter's written
1148	request, by reason of the voter's death, or upon a determination
1149	of the voter's ineligibility as provided in s. 98.075(7).
1150	(6)(a)  No later than July 31 and January 31 of each year,
1151	the supervisor must certify to the department the list
1152	maintenance activities conducted during the first 6 months and
1153	the second 6 months of the year, respectively, including the
1154	number of address confirmation requests sent, the number of
1155	voters designated as inactive, and the number of voters removed
1156	from the statewide voter registration system.
1157	(b)  If, based on the certification provided pursuant to
1158	paragraph (a), the department determines that a supervisor has
1159	not conducted the list maintenance activities required by this
1160	section, the department shall conduct the appropriate list
1161	maintenance activities for that county. Failure to conduct list
1162	maintenance activities as required in this section constitutes a
1163	violation of s. 104.051. A voter's name may not be removed from
1164	the registration books later than 90 days prior to the date of a
1165	federal election. However, nothing in this section shall
1166	preclude the removal of the name of a voter from the voter
1167	registration books, at any time and without prior notification,
1168	upon the written request of the voter, by reason of conviction
1169	of the voter of a felony, by reason of adjudication of the voter
1170	as mentally incapacitated with respect to voting, by reason of
1171	the death of the voter, or upon a determination of ineligibility
1172	as provided in s. 98.075(3).
1173	(4)  If the supervisor receives change-of-address
1174	information from the United States Postal Service or its
1175	licensees or from jury notices signed by the voter and returned
1176	to the courts, which indicates that:
1177	(a)  The voter has moved within the supervisor's county,
1178	the supervisor must change the registration records to show the
1179	new address and must send the voter a notice of the change by
1180	forwardable mail, including a postage prepaid preaddressed
1181	return form with which the voter may verify or correct the
1182	address information.
1183	(b)  The voter has moved outside the supervisor's county,
1184	or contains no forwarding address, the supervisor shall send an
1185	address confirmation final notice and remove the name of the
1186	voter from the registration record if that voter did not:
1187	1.  Return the postage prepaid preaddressed return form;
1188	2.  Appear to vote;
1189	3.  Change the voter's registration; or
1190	4.  Request an absentee ballot
1191
1192	during the period beginning on the date when the address
1193	confirmation final notice was sent and ending on the day after
1194	the date of the second general election thereafter.
1195	(5)  The supervisor must designate as inactive all voters
1196	who have been sent an address confirmation final notice and who
1197	have not returned the postage prepaid preaddressed return form
1198	within 30 days. A voter on the inactive list must be allowed to
1199	vote and to change the voter's name or address of legal
1200	residence at the polls pursuant to s. 101.045. Names on the
1201	inactive list may not be used to calculate the number of
1202	signatures needed on any petition or the quantity of voting
1203	equipment needed.
1204	Section 20.  Section 98.075, Florida Statutes, is amended
1205	to read:
1206	(Substantial rewording of section. See
1207	s. 98.075, F.S., for present text.)
1208	98.075  Registration records maintenance activities;
1209	ineligibility determinations.--
1210	(1)  MAINTENANCE OF RECORDS.--The department shall protect
1211	the integrity of the electoral process by ensuring the
1212	maintenance of accurate and current voter registration records.
1213	List maintenance activities must be uniform, nondiscriminatory,
1214	and in compliance with the Voting Rights Act of 1965, the
1215	National Voter Registration Act of 1993, and the Help America
1216	Vote Act of 2002. The department may adopt by rule uniform
1217	standards and procedures to interpret and administer this
1218	section.
1219	(2)  DUPLICATE REGISTRATION.--The department shall identify
1220	those voters who are registered more than once or those
1221	applicants whose registration applications would result in
1222	duplicate registrations. The most recent application shall be
1223	deemed an update to the voter registration record.
1224	(3)  DECEASED PERSONS.--The department shall identify those
1225	registered voters who are deceased by comparing information on
1226	the lists of deceased persons received from the Department of
1227	Health as provided in s. 98.093. Upon receipt of such
1228	information through the statewide voter registration system, the
1229	supervisor shall remove the name of the registered voter.
1230	(4)  ADJUDICATION OF MENTAL INCAPACITY.--The department
1231	shall identify those registered voters who have been adjudicated
1232	mentally incapacitated with respect to voting and who have not
1233	had their voting rights restored by comparing information
1234	received from the clerk of the circuit court as provided in s.
1235	98.093. The department shall review such information and make an
1236	initial determination as to whether the information is credible
1237	and reliable. If the department determines that the information
1238	is credible and reliable, the department shall notify the
1239	supervisor and provide a copy of the supporting documentation
1240	indicating the potential ineligibility of the voter to be
1241	registered. Upon receipt of the notice that the department has
1242	made a determination of initial credibility and reliability, the
1243	supervisor shall adhere to the procedures set forth in
1244	subsection (7) prior to the removal of a registered voter from
1245	the statewide voter registration system.
1246	(5)  FELONY CONVICTION.--The department shall identify
1247	those registered voters who have been convicted of a felony and
1248	whose rights have not been restored by comparing information
1249	received from, but not limited to, a clerk of the circuit court,
1250	the Board of Executive Clemency, the Department of Corrections,
1251	the Department of Law Enforcement, or a United States Attorney's
1252	Office, as provided in s. 98.093. The department shall review
1253	such information and make an initial determination as to whether
1254	the information is credible and reliable. If the department
1255	determines that the information is credible and reliable, the
1256	department shall notify the supervisor and provide a copy of the
1257	supporting documentation indicating the potential ineligibility
1258	of the voter to be registered. Upon receipt of the notice that
1259	the department has made a determination of initial credibility
1260	and reliability, the supervisor shall adhere to the procedures
1261	set forth in subsection (7) prior to the removal of a registered
1262	voter's name from the statewide voter registration system.
1263	(6)  OTHER BASES FOR INELIGIBILITY.--If the department or
1264	supervisor receives information other than from the sources
1265	identified in subsections (2)-(5) that a registered voter does
1266	not meet the age requirement pursuant to s. 97.041, is not a
1267	United States citizen, is a fictitious person, or has listed a
1268	residence that is not his or her legal residence, the supervisor
1269	shall adhere to the procedures set forth in subsection (7) prior
1270	to the removal of a registered voter's name from the statewide
1271	voter registration system.
1272	(7)  PROCEDURES FOR REMOVAL.--
1273	(a)  If the supervisor receives notice or information
1274	pursuant to subsections (4)-(6), the supervisor of the county in
1275	which the voter is registered shall:
1276	1.  Notify the registered voter of his or her potential
1277	ineligibility by mail within 7 days after receipt of notice or
1278	information. The notice shall include:
1279	a.  A statement of the basis for the registered voter's
1280	potential ineligibility and a copy of any documentation upon
1281	which the potential ineligibility is based.
1282	b.  A statement that failure to respond within 30 days
1283	after receipt of the notice may result in a determination of
1284	ineligibility and in removal of the registered voter's name from
1285	the statewide voter registration system.
1286	c.  A return form that requires the registered voter to
1287	admit or deny the accuracy of the information underlying the
1288	potential ineligibility for purposes of a final determination by
1289	the supervisor.
1290	d.  A statement that, if the voter is denying the accuracy
1291	of the information underlying the potential ineligibility, the
1292	voter has a right to request a hearing for the purpose of
1293	determining eligibility.
1294	e.  Instructions for the registered voter to contact the
1295	supervisor of elections of the county in which the voter is
1296	registered if assistance is needed in resolving the matter.
1297	f.  Instructions for seeking restoration of civil rights
1298	following a felony conviction, if applicable.
1299	2.  If the mailed notice is returned as undeliverable, the
1300	supervisor shall publish notice once in a newspaper of general
1301	circulation in the county in which the voter was last
1302	registered. The notice shall contain the following:
1303	a.  The voter's name and address.
1304	b.  A statement that the voter is potentially ineligible to
1305	be registered to vote.
1306	c.  A statement that failure to respond within 30 days
1307	after the notice is published may result in a determination of
1308	ineligibility by the supervisor and removal of the registered
1309	voter's name from the statewide voter registration system.
1310	d.  An instruction for the voter to contact the supervisor
1311	no later than 30 days after the date of the published notice to
1312	receive information regarding the basis for the potential
1313	ineligibility and the procedure to resolve the matter.
1314	e.  An instruction to the voter that, if further assistance
1315	is needed, the voter should contact the supervisor of elections
1316	of the county in which the voter is registered.
1317	3.  If a registered voter fails to respond to a notice
1318	pursuant to subparagraph 1. or subparagraph 2., the supervisor
1319	shall make a final determination of the voter's eligibility. If
1320	the supervisor determines that the voter is ineligible, the
1321	supervisor shall remove the name of the registered voter from
1322	the statewide voter registration system. The supervisor shall
1323	notify the registered voter of the supervisor's determination
1324	and action.
1325	4.  If a registered voter responds to the notice pursuant
1326	to subparagraph 1. or subparagraph 2. and admits the accuracy of
1327	the information underlying the potential ineligibility, the
1328	supervisor shall make a final determination of ineligibility and
1329	shall remove the voter's name from the statewide voter
1330	registration system. The supervisor shall notify the registered
1331	voter of the supervisor's determination and action.
1332	5.  If a registered voter responds to the notice issued
1333	pursuant to subparagraph 1. or subparagraph 2. and denies the
1334	accuracy of the information underlying the potential
1335	ineligibility but does not request a hearing, the supervisor
1336	shall review the evidence and make a final determination of
1337	eligibility. If such registered voter requests a hearing, the
1338	supervisor shall send notice to the registered voter to attend a
1339	hearing at a time and place specified in the notice. Upon
1340	hearing all evidence presented at the hearing, the supervisor
1341	shall make a determination of eligibility. If the supervisor
1342	determines that the registered voter is ineligible, the
1343	supervisor shall remove the voter's name from the statewide
1344	voter registration system and notify the registered voter of the
1345	supervisor's determination and action.
1346	(b)  The following shall apply to this subsection:
1347	1.  All determinations of eligibility shall be based on a
1348	preponderance of the evidence.
1349	2.  All proceedings are exempt from the provisions of
1350	chapter 120.
1351	3.  Any notice shall be sent to the registered voter by
1352	certified mail, return receipt requested, or other means that
1353	provides a verification of receipt or shall be published in a
1354	newspaper of general circulation where the voter was last
1355	registered, whichever is applicable.
1356	4.  The supervisor shall remove the name of any registered
1357	voter from the statewide voter registration system only after
1358	the supervisor makes a final determination that the voter is
1359	ineligible to vote.
1360	5.  Any voter whose name has been removed from the
1361	statewide voter registration system pursuant to a determination
1362	of ineligibility may appeal that determination under the
1363	provisions of s. 98.0755.
1364	6.  Any voter whose name was removed from the statewide
1365	voter registration system on the basis of a determination of
1366	ineligibility who subsequently becomes eligible to vote must
1367	reregister in order to have his or her name restored to the
1368	statewide voter registration system.
1369	(8)  CERTIFICATION.--
1370	(a)  No later than July 31 and January 31 of each year, the
1371	supervisor shall certify to the department the activities
1372	conducted pursuant to this section during the first 6 months and
1373	the second 6 months of the year, respectively. The certification
1374	shall include the number of persons to whom notices were sent
1375	pursuant to subsection (7), the number of persons who responded
1376	to the notices, the number of notices returned as undeliverable,
1377	the number of notices published in the newspaper, the number of
1378	hearings conducted, and the number of persons removed from the
1379	statewide voter registration systems and the reasons for such
1380	removals.
1381	(b)  If, based on the certification provided pursuant to
1382	paragraph (a), the department determines that a supervisor has
1383	not satisfied the requirements of this section, the department
1384	shall satisfy the appropriate requirements for that county.
1385	Failure to satisfy the requirements of this section shall
1386	constitute a violation of s. 104.051.
1387	Section 21.  Section 98.0755, Florida Statutes, is created
1388	to read:
1389	98.0755  Appeal of determination of ineligibility.--Appeal
1390	of the supervisor's determination of ineligibility pursuant to
1391	s. 98.075(7) may be taken to the circuit court in and for the
1392	county where the person was registered. Notice of appeal must be
1393	filed within the time and in the manner provided by the Florida
1394	Rules of Appellate Procedure and acts as supersedeas. Trial in
1395	the circuit court is de novo and governed by the rules of that
1396	court. Unless the person can show that his or her name was
1397	erroneously or illegally removed from the statewide voter
1398	registration system, or that he or she is indigent, the person
1399	must bear the costs of the trial in the circuit court.
1400	Otherwise, the cost of the appeal must be paid by the supervisor
1401	of elections.
1402	Section 22.  Section 98.077, Florida Statutes, is amended
1403	to read:
1404	98.077  Update of voter signature.--
1405	(1)  A registered voter may update his or her signature on
1406	file in the statewide voter registration system at any time
1407	using a voter registration application submitted to a voter
1408	registration official.
1409	(2)  The department and supervisors supervisor of elections
1410	shall include in any correspondence, other than postcard
1411	notifications and notices relating to eligibility, sent to a
1412	provide to each registered voter information regarding of the
1413	county the opportunity to update his or her signature on file at
1414	the supervisor's office by providing notification of the ability
1415	to do so in any correspondence, other than postcard
1416	notifications, sent to the voter. The notice shall advise when,
1417	where, and how to update the voter's signature and shall provide
1418	the voter information on how to obtain a voter registration
1419	application form from a voter registration official the
1420	supervisor that can be returned to update the signature.
1421	(3)  In addition, At least once during each general
1422	election year, the supervisor shall publish in a newspaper of
1423	general circulation or other newspaper in the county deemed
1424	appropriate by the supervisor a notice specifying when, where,
1425	or how a voter can update his or her signature that is on file
1426	and or how a voter can obtain a voter registration application
1427	form from a voter registration official the supervisor to do so.
1428	(4)  All signature updates for use in verifying absentee
1429	and provisional ballots must be received by the appropriate
1430	supervisor of elections no later than the start of the
1431	canvassing of absentee ballots by the canvassing board. The
1432	signature on file at the start of the canvass of the absentees
1433	is the signature that shall be used in verifying the signature
1434	on the absentee and provisional ballot certificates.
1435	Section 23.  Section 98.081, Florida Statutes, is amended
1436	to read:
1437	98.081  Names removed from the statewide voter registration
1438	system books; restrictions on reregistering; recordkeeping;
1439	restoration of erroneously or illegally removed names.--
1440	(1)  Any person who requested that his or her name be
1441	removed from the statewide voter registration system books
1442	between the book-closing date of the first primary and the date
1443	of the second primary may not register in a different political
1444	party until after the date of the second primary election.
1445	(2)  When the name of any elector is removed from the
1446	statewide voter registration system books pursuant to s. 98.065
1447	or, s. 98.075, or s. 98.093, the elector's original registration
1448	application form shall be retained by the supervisor of
1449	elections having custody of the application filed alphabetically
1450	in the office of the supervisor. As alternatives, registrations
1451	removed from the statewide voter registration system books may
1452	be microfilmed and such microfilms substituted for the original
1453	registration applications forms; or, when voter registration
1454	information, including the voter's signature, is maintained
1455	digitally or on electronic, magnetic, or optic media, such
1456	stored information may be substituted for the original
1457	registration application form. Such microfilms or stored
1458	information shall be retained by the supervisor of elections
1459	having in the custody of the supervisor. In the event the
1460	original registration applications forms are microfilmed or
1461	maintained digitally or on electronic or other media, such
1462	originals may be destroyed in accordance with the schedule
1463	approved by the Bureau of Archives and Records Management of the
1464	Division of Library and Information Services of the department.
1465	(3)  When the name of any elector has been erroneously or
1466	illegally removed from the statewide voter registration system
1467	books, the name of the elector shall be restored by a voter
1468	registration official the supervisor upon satisfactory proof,
1469	even though the registration period for that election is closed.
1470	Section 24.  Section 98.093, Florida Statutes, is amended
1471	to read:
1472	98.093  Duty of officials to furnish lists of deceased
1473	persons, persons adjudicated mentally incapacitated, and persons
1474	convicted of a felony.--
1475	(1)  In order to ensure the maintenance of accurate and
1476	current voter registration records, it is necessary for the
1477	department to receive certain information from state and federal
1478	officials and entities. The department and supervisors of
1479	elections shall use the information provided from the sources in
1480	subsection (2) to maintain the voter registration records.
1481	(2)  To the maximum extent feasible, state and local
1482	government agencies shall facilitate provision of information
1483	and access to data to the department, including, but not limited
1484	to, databases that contain reliable criminal records and records
1485	of deceased persons. State and local government agencies that
1486	provide such data shall do so without charge if the direct cost
1487	incurred by those agencies is not significant.
1488	(a)  The Department of Health shall furnish monthly to the
1489	department each supervisor of elections a list containing the
1490	name, address, date of birth, date of death, social security
1491	number, race, and sex of each deceased person 17 years of age or
1492	older who was a resident of such supervisor's county.
1493	(b)(2)  Each clerk of the circuit court shall furnish
1494	monthly to the department, at least once each month, deliver to
1495	each supervisor of elections a list of those persons who have
1496	been adjudicated mentally incapacitated with respect to voting
1497	during the preceding calendar month, a list of those persons
1498	whose mental capacity with respect to voting has been restored
1499	during the preceding calendar month, and a list of those persons
1500	who have returned signed jury notices during the preceding
1501	months to the clerk of the circuit court indicating a change of
1502	address. Each list shall include stating the name, address, date
1503	of birth, race, and sex, and, whichever is available, the
1504	Florida driver's license number, Florida identification card
1505	number, or social security number of each such person convicted
1506	of a felony during the preceding calendar month who was a
1507	resident of that supervisor's county, a list stating the name,
1508	address, date of birth, race, and sex of each person adjudicated
1509	mentally incapacitated with respect to voting during the
1510	preceding calendar month who was a resident of that supervisor's
1511	county, and a list stating the name, address, date of birth,
1512	race, and sex of each person whose mental capacity with respect
1513	to voting has been restored who was a resident of that
1514	supervisor's county.
1515	(c)(3)  Upon receipt of information from the United States
1516	Attorney, listing persons convicted of a felony in federal
1517	court, the department shall use such information to identify
1518	registered voters or applicants for voter registration who may
1519	be potentially ineligible based on information provided in
1520	accordance with s. 98.075 immediately forward such information
1521	to the supervisor of elections for the county where the offender
1522	resides.
1523	(d)  From voter registration records provided from the
1524	statewide voter registration system, the Department of Law
1525	Enforcement shall identify, in a time and manner that enables
1526	the department to meet its obligations under state and federal
1527	law, those persons who have been convicted of a felony.
1528	(e)  The Board of Executive Clemency shall furnish monthly
1529	to the department a list of those persons granted clemency in
1530	the preceding month or any updates to prior records that have
1531	occurred in the preceding month. The list shall contain the
1532	Board of Executive Clemency case number, name, address, date of
1533	birth, race, sex, social security number, if available, and
1534	references to record identifiers assigned by the Department of
1535	Corrections, a unique identifier of each clemency case, and the
1536	effective date of clemency of each person.
1537	(f)  The Department of Corrections shall furnish monthly to
1538	the department a list of those persons transferred to the
1539	Department of Corrections in the preceding month or any updates
1540	to prior records that have occurred in the preceding month. The
1541	list shall contain the name, address, date of birth, race, sex,
1542	social security number, Department of Corrections record
1543	identification number, and associated Department of Law
1544	Enforcement felony conviction record number of each person.
1545	(g)  The Department of Highway Safety and Motor Vehicles
1546	shall furnish monthly to the department a list of those persons
1547	whose names have been removed from the driver's license database
1548	because they have been licensed in another state. The list shall
1549	contain the name, address, date of birth, sex, social security
1550	number, and driver's license number of each such person.
1551	(4)  Upon receipt of any such list, the supervisor shall
1552	remove from the registration books the name of any person listed
1553	who is deceased, convicted of a felony, or adjudicated mentally
1554	incapacitated with respect to voting. A person who has had his
1555	or her mental capacity with respect to voting restored or who
1556	has had his or her right to vote restored after conviction of a
1557	felony shall be required to reregister to have his or her name
1558	restored to the registration books.
1559	(3)(5)  Nothing in this section shall limit or restrict the
1560	supervisor in his or her duty to remove the names of such
1561	persons from the statewide voter registration system pursuant to
1562	s. 98.075(7) based upon books after verification of information
1563	received from other sources.
1564	Section 25.  Effective August 1, 2006, section 98.0981,
1565	Florida Statutes, is created to read:
1566	98.0981  Statewide voter registration database.--The
1567	department shall send to the Legislature in electronic format a
1568	file containing all voters qualified to vote in an election. The
1569	file shall contain a unique identifier of the voter; the
1570	information requested in the uniform statewide voter
1571	registration application pursuant to s. 97.052(2), except for
1572	such information that is by statute specifically identified as
1573	confidential or exempt from public records requirements; the
1574	date of registration; the representative district, senatorial
1575	district, congressional district, and precinct in which the
1576	voter resides; and whether the voter voted at the poll, by
1577	absentee ballot, or by early vote at a designated location, or
1578	whether the voter did not vote. If a person voted by absentee
1579	ballot and the ballot was not counted, the file shall contain
1580	the reason, where possible, that the ballot was not counted.
1581	This file shall be delivered within 60 days after an election to
1582	the Legislature.
1583	Section 26.  Section 98.212, Florida Statutes, is amended
1584	to read:
1585	98.212  Department and supervisors to furnish statistical
1586	and other information.--
1587	(1)(a)  Upon written request, the department and any
1588	supervisor of the respective counties supervisors shall, as
1589	promptly as possible, furnish to recognized public or private
1590	universities and senior colleges within the state, to state or
1591	county governmental agencies, and to recognized political party
1592	committees statistical information for the purpose of analyzing
1593	election returns and results.
1594	(b)  The department and any supervisor Supervisors may
1595	require reimbursement for any part or all of the actual expenses
1596	of supplying any information requested under paragraph (a). For
1597	the purposes of this subsection, the department and supervisors
1598	may use the services of any research and statistical personnel
1599	that may be supplied.
1600	(c)  Lists of names submitted to the department and any
1601	supervisor of the respective counties supervisors for indication
1602	of registration or nonregistration or of party affiliation shall
1603	be processed at any time at cost, except that in no case shall
1604	the charge exceed 10 cents for each name on which the
1605	information is furnished.
1606	(2)  The supervisors shall provide information as requested
1607	by the department for program evaluation and reporting to the
1608	Federal Election Assistance Commission pursuant to federal law
1609	the National Voter Registration Act of 1993.
1610	Section 27.  Section 98.461, Florida Statutes, is amended
1611	to read:
1612	98.461  Registration application form, precinct register;
1613	contents.--
1614	(1)  A registration application form, approved by the
1615	Department of State, containing the information required in s.
1616	97.052 shall be retained by the supervisor of elections of the
1617	county of the applicant's registration filed alphabetically in
1618	the office of the supervisor as the master list of electors of
1619	the county. However, the registration application forms may be
1620	microfilmed and such microfilm microfilms substituted for the
1621	original registration application forms; or, when voter
1622	registration information, including the voter's signature, is
1623	maintained digitally or on electronic, magnetic, or optic media,
1624	such stored information may be substituted for the original
1625	registration application form. Such microfilms or stored
1626	information shall be retained in the custody of the supervisor
1627	of elections of the county of the applicant's registration. In
1628	the event the original registration applications forms are
1629	microfilmed or maintained digitally or on electronic or other
1630	media, such originals may be destroyed in accordance with the
1631	schedule approved by the Bureau of Archives and Records
1632	Management of the Division of Library and Information Services
1633	of the Department of State. As an alternative, the information
1634	from the registration form, including the signature, may be
1635	electronically reproduced and stored as provided in s. 98.451.
1636	(2)  A computer printout or electronic database shall be
1637	used at the polls as a precinct register in lieu of the
1638	registration books. The precinct register shall contain the date
1639	of the election, the precinct number, and the following
1640	information concerning each registered elector: last name, first
1641	name, and middle name or initial, and suffix; party affiliation;
1642	residence address; registration number; date of birth; sex, if
1643	provided; race, if provided; whether the voter needs assistance
1644	in voting; and such other additional information as to readily
1645	identify the elector. The precinct register shall also contain a
1646	space for the elector's signature and a space for the initials
1647	of the witnessing clerk or inspector or an electronic device may
1648	be provided for this purpose.
1649	Section 28.  Effective January 1, 2007, section 100.371,
1650	Florida Statutes, as amended by section 9 of chapter 2002-281,
1651	Laws of Florida, is amended to read:
1652	100.371  Initiatives; procedure for placement on ballot.--
1653	(1)  Constitutional amendments proposed by initiative shall
1654	be placed on the ballot for the general election provided the
1655	initiative has been filed with occurring in excess of 90 days
1656	from the certification of ballot position by the Secretary of
1657	State no later than February 1 of the year the general election
1658	is held. A petition shall be deemed to be filed with the
1659	Secretary of State upon the date the secretary determines that
1660	the petition has been signed by the constitutionally required
1661	number of electors.
1662	(2)  Such certification shall be issued when the Secretary
1663	of State has received verification certificates from the
1664	supervisors of elections indicating that the requisite number
1665	and distribution of valid signatures of electors have been
1666	submitted to and verified by the supervisors. Every signature
1667	shall be dated when made and shall be valid for a period of 4
1668	years following such date, provided all other requirements of
1669	law are complied with.
1670	(2)(3)  The sponsor of an initiative amendment shall, prior
1671	to obtaining any signatures, register as a political committee
1672	pursuant to s. 106.03 and submit the text of the proposed
1673	amendment to the Secretary of State, with the form on which the
1674	signatures will be affixed, and shall obtain the approval of the
1675	Secretary of State of such form. The Secretary of State shall
1676	adopt rules pursuant to s. 120.54 prescribing the style and
1677	requirements of such form. Upon filing with the Secretary of
1678	State, the text of the proposed amendment and all forms filed in
1679	connection with this section must, upon request, be made
1680	available in alternative formats.
1681	(3)(4)  Each signature shall be dated when made and shall
1682	be valid for a period of 4 years following such date, provided
1683	all other requirements of law are met. The sponsor shall submit
1684	signed and dated forms to the appropriate supervisor of
1685	elections for verification as to the number of registered
1686	electors whose valid signatures appear thereon. The supervisor
1687	shall promptly verify the signatures upon payment of the fee
1688	required by s. 99.097. The supervisor shall promptly record each
1689	valid signature in the statewide voter registration system in
1690	the manner prescribed by the Secretary of State. The supervisor
1691	shall, upon request, advise the sponsor of an initiative of the
1692	number of signatures verified and recorded in the statewide
1693	voter registration system. Upon completion of verification, the
1694	supervisor shall execute a certificate indicating the total
1695	number of signatures checked, the number of signatures verified
1696	as valid and as being of registered electors, and the
1697	distribution by congressional district. This certificate shall
1698	be immediately transmitted to the Secretary of State. The
1699	supervisor shall retain the signature forms for at least 1 year
1700	following the election in which the issue appeared on the ballot
1701	or until the Division of Elections notifies the supervisors of
1702	elections that the committee which circulated the petition is no
1703	longer seeking to obtain ballot position.
1704	(4)(5)  The Secretary of State shall determine from the
1705	signatures verified by the verification certificates received
1706	from supervisors of elections and recorded in the statewide
1707	voter registration system the total number of verified valid
1708	signatures and the distribution of such signatures by
1709	congressional districts. Upon a determination that the requisite
1710	number and distribution of valid signatures have been obtained,
1711	the secretary shall issue a certificate of ballot position for
1712	that proposed amendment and shall assign a designating number
1713	pursuant to s. 101.161. A petition shall be deemed to be filed
1714	with the Secretary of State upon the date of the receipt by the
1715	secretary of a certificate or certificates from supervisors of
1716	elections indicating the petition has been signed by the
1717	constitutionally required number of electors.
1718	(5)(6)(a)  Within 45 days after receipt of a proposed
1719	revision or amendment to the State Constitution by initiative
1720	petition from the Secretary of State or, within 30 days after
1721	such receipt if receipt occurs 120 days or less before the
1722	election at which the question of ratifying the amendment will
1723	be presented, the Financial Impact Estimating Conference shall
1724	complete an analysis and financial impact statement to be placed
1725	on the ballot of the estimated increase or decrease in any
1726	revenues or costs to state or local governments resulting from
1727	the proposed initiative. The Financial Impact Estimating
1728	Conference shall submit the financial impact statement to the
1729	Attorney General and Secretary of State.
1730	(b)1.  The Financial Impact Estimating Conference shall
1731	provide an opportunity for any proponents or opponents of the
1732	initiative to submit information and may solicit information or
1733	analysis from any other entities or agencies, including the
1734	Office of Economic and Demographic Research. All meetings of the
1735	Financial Impact Estimating Conference shall be open to the
1736	public as provided in chapter 286.
1737	2.  The Financial Impact Estimating Conference is
1738	established to review, analyze, and estimate the financial
1739	impact of amendments to or revisions of the State Constitution
1740	proposed by initiative. The Financial Impact Estimating
1741	Conference shall consist of four principals: one person from the
1742	Executive Office of the Governor; the coordinator of the Office
1743	of Economic and Demographic Research, or his or her designee;
1744	one person from the professional staff of the Senate; and one
1745	person from the professional staff of the House of
1746	Representatives. Each principal shall have appropriate fiscal
1747	expertise in the subject matter of the initiative. A Financial
1748	Impact Estimating Conference may be appointed for each
1749	initiative.
1750	3.  Principals of the Financial Impact Estimating
1751	Conference shall reach a consensus or majority concurrence on a
1752	clear and unambiguous financial impact statement, no more than
1753	75 words in length, and immediately submit the statement to the
1754	Attorney General. Nothing in this subsection prohibits the
1755	Financial Impact Estimating Conference from setting forth a
1756	range of potential impacts in the financial impact statement.
1757	Any financial impact statement that a court finds not to be in
1758	accordance with this section shall be remanded solely to the
1759	Financial Impact Estimating Conference for redrafting. The
1760	Financial Impact Estimating Conference shall redraft the
1761	financial impact statement within 15 days.
1762	4.  If the members of the Financial Impact Estimating
1763	Conference are unable to agree on the statement required by this
1764	subsection, or if the Supreme Court has rejected the initial
1765	submission by the Financial Impact Estimating Conference and no
1766	redraft has been approved by the Supreme Court by 5 p.m. on the
1767	75th day before the election, the following statement shall
1768	appear on the ballot pursuant to s. 101.161(1): "The financial
1769	impact of this measure, if any, cannot be reasonably determined
1770	at this time."
1771	(c)  The financial impact statement must be separately
1772	contained and be set forth after the ballot summary as required
1773	in s. 101.161(1).
1774	(d)1.  Any financial impact statement that the Supreme
1775	Court finds not to be in accordance with this subsection shall
1776	be remanded solely to the Financial Impact Estimating Conference
1777	for redrafting, provided the court's advisory opinion is
1778	rendered at least 75 days before the election at which the
1779	question of ratifying the amendment will be presented. The
1780	Financial Impact Estimating Conference shall prepare and adopt a
1781	revised financial impact statement no later than 5 p.m. on the
1782	15th day after the date of the court's opinion.
1783	2.  If, by 5 p.m. on the 75th day before the election, the
1784	Supreme Court has not issued an advisory opinion on the initial
1785	financial impact statement prepared by the Financial Impact
1786	Estimating Conference for an initiative amendment that otherwise
1787	meets the legal requirements for ballot placement, the financial
1788	impact statement shall be deemed approved for placement on the
1789	ballot.
1790	3.  In addition to the financial impact statement required
1791	by this subsection, the Financial Impact Estimating Conference
1792	shall draft an initiative financial information statement. The
1793	initiative financial information statement should describe in
1794	greater detail than the financial impact statement any projected
1795	increase or decrease in revenues or costs that the state or
1796	local governments would likely experience if the ballot measure
1797	were approved. If appropriate, the initiative financial
1798	information statement may include both estimated dollar amounts
1799	and a description placing the estimated dollar amounts into
1800	context. The initiative financial information statement must
1801	include both a summary of not more than 500 words and additional
1802	detailed information that includes the assumptions that were
1803	made to develop the financial impacts, workpapers, and any other
1804	information deemed relevant by the Financial Impact Estimating
1805	Conference.
1806	4.  The Department of State shall have printed, and shall
1807	furnish to each supervisor of elections, a copy of the summary
1808	from the initiative financial information statements. The
1809	supervisors shall have the summary from the initiative financial
1810	information statements available at each polling place and at
1811	the main office of the supervisor of elections upon request.
1812	5.  The Secretary of State and the Office of Economic and
1813	Demographic Research shall make available on the Internet each
1814	initiative financial information statement in its entirety. In
1815	addition, each supervisor of elections whose office has a
1816	website shall post the summary from each initiative financial
1817	information statement on the website. Each supervisor shall
1818	include the Internet addresses for the information statements on
1819	the Secretary of State's and the Office of Economic and
1820	Demographic Research's websites in the publication or mailing
1821	required by s. 101.20.
1822	(6)(7)  The Department of State may adopt rules in
1823	accordance with s. 120.54 to carry out the provisions of
1824	subsections (1)-(5)(6).
1825	Section 29.  Subsection (3) of section 101.001, Florida
1826	Statutes, is amended to read:
1827	101.001  Precincts and polling places; boundaries.--
1828	(3)(a)  Each supervisor of elections shall maintain a
1829	suitable map drawn to a scale no smaller than 3 miles to the
1830	inch and clearly delineating all major observable features such
1831	as roads, streams, and railway lines and showing the current
1832	geographical boundaries of each precinct, representative
1833	district, and senatorial district, and other type of district in
1834	the county subject to the elections process in this code.
1835	(b)  The supervisor of elections shall notify the Secretary
1836	of State in writing within 30 days after of any reorganization
1837	of precincts and shall furnish a copy of the map showing the
1838	current geographical boundaries and designation of each new
1839	precinct. However, if precincts are composed of whole census
1840	blocks, the supervisor may furnish, in lieu of a copy of the
1841	map, a list, in an electronic format prescribed by the
1842	Department of State, associating each census block in the county
1843	with its precinct.
1844	(c)  Any precinct established or altered under the
1845	provisions of this section shall consist of areas bounded on all
1846	sides only by:
1847	1.  Visible features that are readily distinguishable upon
1848	the ground, such as streets, railroad tracks, streams, and
1849	lakes, and that are indicated upon current census maps, official
1850	Department of Transportation maps, official municipal maps,
1851	official county maps, or a combination of such maps;
1852	2.  The boundaries of public parks, public school grounds,
1853	or churches; or
1854	3.  The boundaries of counties and incorporated
1855	municipalities.
1856	(d)  Until July 1, 2012, a supervisor may apply for and
1857	obtain from the Secretary of State a waiver of the requirement
1858	in paragraph (c).
1859	Section 30.  Subsections (1) and (3) of section 101.043,
1860	Florida Statutes, are amended to read:
1861	101.043  Identification required at polls.--
1862	(1)  The precinct register, as prescribed in s. 98.461,
1863	shall be used at the polls in lieu of the registration books for
1864	the purpose of identifying the elector at the polls prior to
1865	allowing him or her to vote. The clerk or inspector shall
1866	require each elector, upon entering the polling place, to
1867	present one of the following a current and valid picture
1868	identifications:
1869	(a)  Florida driver's license.
1870	(b)  Florida identification card issued by the Department
1871	of Highway Safety and Motor Vehicles.
1872	(c)  United States passport.
1873	(d)  Employee badge or identification.
1874	(e)  Buyer's club identification.
1875	(f)  Debit or credit card.
1876	(g)  Military identification.
1877	(h)  Student identification.
1878	(i)  Retirement center identification.
1879	(j)  Neighborhood association identification.
1880	(k)  Public assistance identification as provided in s.
1881	97.0535(3)(a).
1882
1883	If the picture identification does not contain the signature of
1884	the voter, an additional identification that provides the
1885	voter's signature shall be required. The elector shall sign his
1886	or her name in the space provided on the precinct register or on
1887	an electronic device provided for recording the voter's
1888	signature., and The clerk or inspector shall compare the
1889	signature with that on the identification provided by the
1890	elector and enter his or her initials in the space provided on
1891	the precinct register or on an electronic device provided for
1892	that purpose and allow the elector to vote if the clerk or
1893	inspector is satisfied as to the identity of the elector.
1894	(3)  If the elector who fails to furnish the required
1895	identification is an elector subject to s. 97.0535 a first-time
1896	voter who registered by mail and has not provided the required
1897	identification to a voter registration official the supervisor
1898	of elections prior to election day, the elector shall be allowed
1899	to vote a provisional ballot. The canvassing board shall
1900	determine the validity of the ballot pursuant to s. 101.048(2).
1901	Section 31.  Subsections (2) and (3) of section 101.045,
1902	Florida Statutes, are amended to read:
1903	101.045  Electors must be registered in precinct;
1904	provisions for residence or name change.--
1905	(2)(a)  An elector who moves from the precinct within the
1906	county in which the elector is registered may be permitted to
1907	vote in the precinct to which he or she has moved his or her
1908	legal residence, provided such elector completes an affirmation
1909	in substantially the following form:
1910
1911	Change of Legal Residence of Registered
1912	Voter
1913
1914	Under penalties for false swearing, I,   (Name of voter)  ,
1915	swear (or affirm) that the former address of my legal residence
1916	was   (Address of legal residence)   in the municipality of
1917	_____, in _____ County, Florida, and I was registered to vote in
1918	the _____ precinct of _____ County, Florida; that I have not
1919	voted in the precinct of my former registration in this
1920	election; that I now reside at   (Address of legal residence)
1921	in the Municipality of _____, in _____ County, Florida, and am
1922	therefore eligible to vote in the _____ precinct of _____
1923	County, Florida; and I further swear (or affirm) that I am
1924	otherwise legally registered and entitled to vote.
1925
1926	(Signature of voter whose address of legal residence has
1927	changed)
1928
1929	(b)  An elector whose name changes because of marriage or
1930	other legal process may be permitted to vote, provided such
1931	elector completes an affirmation in substantially the following
1932	form:
1933
1934	Change of Name of Registered
1935	Voter
1936
1937	Under penalties for false swearing, I,   (New name of voter)  ,
1938	swear (or affirm) that my name has been changed because of
1939	marriage or other legal process. My former name and address of
1940	legal residence appear on the registration records books of
1941	precinct _____ as follows:
1942	Name
1943	Address
1944	Municipality
1945	County
1946	Florida, Zip
1947	My present name and address of legal residence are as follows:
1948	Name
1949	Address
1950	Municipality
1951	County
1952	Florida, Zip
1953	and I further swear (or affirm) that I am otherwise legally
1954	registered and entitled to vote.
1955
1956	(Signature of voter whose name has changed)
1957
1958	(c)  Such affirmation, when completed and presented at the
1959	precinct in which such elector is entitled to vote, and upon
1960	verification of the elector's registration, shall entitle such
1961	elector to vote as provided in this subsection. If the elector's
1962	eligibility to vote cannot be determined, he or she shall be
1963	entitled to vote a provisional ballot, subject to the
1964	requirements and procedures in s. 101.048. Upon receipt of an
1965	affirmation certifying a change in address of legal residence or
1966	name, the supervisor shall as soon as practicable make the
1967	necessary changes in the statewide voter registration system
1968	records of the county to indicate the change in address of legal
1969	residence or name of such elector.
1970	(d)  Instead of the affirmation contained in paragraph (a)
1971	or paragraph (b), an elector may complete a voter registration
1972	application that indicates the change of name or change of
1973	address of legal residence.
1974	(e)  A request for an absentee ballot pursuant to s. 101.62
1975	which indicates that the elector has had a change of address of
1976	legal residence from that in the supervisor's records shall be
1977	sufficient as the notice to the supervisor of change of address
1978	of legal residence required by this section. Upon receipt of
1979	such request for an absentee ballot from an elector who has
1980	changed his or her address of legal residence, the supervisor
1981	shall provide the elector with the proper ballot for the
1982	precinct in which the elector then has his or her legal
1983	residence.
1984	(3)  When an elector's name does not appear on the
1985	registration books of the election precinct in which the elector
1986	is registered, the elector may have his or her name restored if
1987	the supervisor is otherwise satisfied that the elector is
1988	validly registered, that the elector's name has been erroneously
1989	omitted from the books, and that the elector is entitled to have
1990	his or her name restored. The supervisor, if he or she is
1991	satisfied as to the elector's previous registration, shall allow
1992	such person to vote and shall thereafter issue a duplicate
1993	registration identification card.
1994	Section 32.  Subsection (1) of section 101.048, Florida
1995	Statutes, is amended to read:
1996	101.048  Provisional ballots.--
1997	(1)  At all elections, a voter claiming to be properly
1998	registered in the state county and eligible to vote at the
1999	precinct in the election, but whose eligibility cannot be
2000	determined, and other persons specified in the code shall be
2001	entitled to vote a provisional ballot. Once voted, the
2002	provisional ballot shall be placed in a secrecy envelope and
2003	thereafter sealed in a provisional ballot envelope. The
2004	provisional ballot shall be deposited in a ballot box. All
2005	provisional ballots shall remain sealed in their envelopes for
2006	return to the supervisor of elections. The department shall
2007	prescribe the form of the provisional ballot envelope.
2008	Section 33.  Effective January 1, 2007, subsection (1) of
2009	section 101.161, Florida Statutes, is amended to read:
2010	101.161  Referenda; ballots.--
2011	(1)  Whenever a constitutional amendment or other public
2012	measure is submitted to the vote of the people, the substance of
2013	such amendment or other public measure shall be printed in clear
2014	and unambiguous language on the ballot after the list of
2015	candidates, followed by the word "yes" and also by the word
2016	"no," and shall be styled in such a manner that a "yes" vote
2017	will indicate approval of the proposal and a "no" vote will
2018	indicate rejection. The wording of the substance of the
2019	amendment or other public measure and the ballot title to appear
2020	on the ballot shall be embodied in the joint resolution,
2021	constitutional revision commission proposal, constitutional
2022	convention proposal, taxation and budget reform commission
2023	proposal, or enabling resolution or ordinance. Except for
2024	amendments and ballot language proposed by joint resolution, the
2025	substance of the amendment or other public measure shall be an
2026	explanatory statement, not exceeding 75 words in length, of the
2027	chief purpose of the measure. In addition, for every amendment
2028	proposed by initiative, the ballot shall include, following the
2029	ballot summary, a separate financial impact statement concerning
2030	the measure prepared by the Financial Impact Estimating
2031	Conference in accordance with s. 100.371(5)(6). The ballot title
2032	shall consist of a caption, not exceeding 15 words in length, by
2033	which the measure is commonly referred to or spoken of.
2034	Section 34.  Subsection (2) of section 101.56062, Florida
2035	Statutes, as created by section 12 of chapter 2002-281, Laws of
2036	Florida, is amended to read:
2037	101.56062  Standards for accessible voting systems.--
2038	(2)  Such voting system must include at least one
2039	accessible voter interface device installed in each polling
2040	place precinct which meets the requirements of this section,
2041	except for paragraph (1)(d).
2042	Section 35.  Subsection (1) of section 101.5608, Florida
2043	Statutes, is amended to read:
2044	101.5608  Voting by electronic or electromechanical method;
2045	procedures.--
2046	(1)  Each elector desiring to vote shall be identified to
2047	the clerk or inspector of the election as a duly qualified
2048	elector of such election and shall sign his or her name on the
2049	in ink or indelible pencil to an identification blank, signature
2050	slip, precinct register, or other form or device provided by the
2051	supervisor ballot stub on which the ballot serial number may be
2052	recorded. The inspector shall compare the signature with the
2053	signature on the identification provided by the elector. If the
2054	inspector is reasonably sure that the person is entitled to
2055	vote, the inspector shall provide the person with a ballot.
2056	Section 36.  Effective August 1, 2006, section 101.573,
2057	Florida Statutes, is created to read:
2058	101.573  Record of votes by precinct.--
2059	(1)  Within 75 days after the date of a municipal election
2060	or runoff, whichever occurs later, a presidential preference
2061	primary, or a general election, the supervisor of elections
2062	shall file with the Department of State precinct-level election
2063	results for that election cycle, including any primary
2064	elections. Precinct-level election results shall record for each
2065	precinct the returns of ballots cast at the precinct location to
2066	which have been added the returns of absentee and early ballots
2067	cast by voters registered in the precinct.
2068	(2)  The Department of State shall adopt rules pursuant to
2069	ss. 120.536(1) and 120.54 prescribing the form by which
2070	supervisors of elections shall submit election results for each
2071	precinct.
2072	Section 37.  Effective January 1, 2007, paragraph (a) of
2073	subsection (4) of section 101.62, Florida Statutes, is amended
2074	to read:
2075	101.62  Request for absentee ballots.--
2076	(4)(a)  To each absent qualified elector overseas who has
2077	requested an absentee ballot, the supervisor of elections shall,
2078	not fewer than 35 days before the first primary election, mail
2079	an absentee ballot. Not fewer than 45 days before the second
2080	primary and general election, the supervisor of elections shall
2081	mail an advance absentee ballot to those persons requesting
2082	ballots for such elections. The advance absentee ballot for the
2083	second primary shall be the same as the first primary absentee
2084	ballot as to the names of candidates, except that for any
2085	offices where there are only two candidates, those offices and
2086	all political party executive committee offices shall be
2087	omitted. Except as provided in ss. 99.063(4) and 100.371(5)(6),
2088	the advance absentee ballot for the general election shall be as
2089	specified in s. 101.151, except that in the case of candidates
2090	of political parties where nominations were not made in the
2091	first primary, the names of the candidates placing first and
2092	second in the first primary election shall be printed on the
2093	advance absentee ballot. The advance absentee ballot or advance
2094	absentee ballot information booklet shall be of a different
2095	color for each election and also a different color from the
2096	absentee ballots for the first primary, second primary, and
2097	general election. The supervisor shall mail an advance absentee
2098	ballot for the second primary and general election to each
2099	qualified absent elector for whom a request is received until
2100	the absentee ballots are printed. The supervisor shall enclose
2101	with the advance second primary absentee ballot and advance
2102	general election absentee ballot an explanation stating that the
2103	absentee ballot for the election will be mailed as soon as it is
2104	printed; and, if both the advance absentee ballot and the
2105	absentee ballot for the election are returned in time to be
2106	counted, only the absentee ballot will be counted. The
2107	Department of State may prescribe by rule the requirements for
2108	preparing and mailing absentee ballots to absent qualified
2109	electors overseas.
2110	Section 38.  Subsection (3) is added to section 101.64,
2111	Florida Statutes, to read:
2112	101.64  Delivery of absentee ballots; envelopes; form.--
2113	(3)  The supervisor shall mark, code, indicate on, or
2114	otherwise track the precinct of the absent elector for each
2115	absentee ballot.
2116	Section 39.  Paragraph (a) of subsection (1) of section
2117	101.657, Florida Statutes, is amended to read:
2118	101.657  Early voting.--
2119	(1)(a)  The supervisor of elections shall allow an elector
2120	to vote early in the main or branch office of the supervisor by
2121	depositing the voted ballot in a voting device used by the
2122	supervisor to collect or tabulate ballots. The supervisor shall
2123	mark, code, indicate on, or otherwise track the voter's precinct
2124	for each early voted ballot. In order for a branch office to be
2125	used for early voting, it shall be a full-service facility of
2126	the supervisor and shall have been designated as such at least 1
2127	year prior to the election. The supervisor may designate any
2128	city hall or public library as early voting sites; however, if
2129	so designated, the sites must be geographically located so as to
2130	provide all voters in the county an equal opportunity to cast a
2131	ballot, insofar as is practicable. The results or tabulation may
2132	not be made before the close of the polls on election day.
2133	Section 40.  Section 101.663, Florida Statutes, is amended
2134	to read:
2135	101.663  Electors; change of residence to another state.--
2136	(1)  An elector who changes his or her residence to another
2137	county in Florida from the county in Florida in which he or she
2138	is registered as an elector after the books in the county to
2139	which the elector has changed his or her residence are closed
2140	for any general, primary, or special election shall be permitted
2141	to vote absentee in the county of his or her former residence in
2142	that election for President and Vice President, United States
2143	Senator, statewide offices, and statewide issues. Such person
2144	shall not be permitted to vote in the county of the person's
2145	former residence after the general election.
2146	(2)  An elector registered in this state who moves his or
2147	her permanent residence to another state and who is prohibited
2148	by the laws of that state from voting for the offices of
2149	President and Vice President of the United States shall be
2150	permitted to vote absentee in the county of his or her former
2151	residence for those offices.
2152	Section 41.  Subsection (1) of section 101.6921, Florida
2153	Statutes, is amended to read:
2154	101.6921  Delivery of special absentee ballot to certain
2155	first-time voters.--
2156	(1)  The provisions of this section apply to voters who are
2157	subject to the provisions of s. 97.0535 registered to vote by
2158	mail, who have not previously voted in the county, and who have
2159	not provided the identification or certification required by s.
2160	97.0535 by the time the absentee ballot is mailed.
2161	Section 42.  Section 101.6923, Florida Statutes, is amended
2162	to read:
2163	101.6923  Special absentee ballot instructions for certain
2164	first-time voters.--
2165	(1)  The provisions of this section apply to voters who are
2166	subject to the provisions of s. 97.0535 registered to vote by
2167	mail, who have not previously voted in the county, and who have
2168	not provided the identification or information required by s.
2169	97.0535 by the time the absentee ballot is mailed.
2170	(2)  A voter covered by this section shall be provided with
2171	the following printed instructions with his or her absentee
2172	ballot in substantially the following form:
2173
2174	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
2175	BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
2176	YOUR BALLOT NOT TO COUNT.
2177
2178	1.  In order to ensure that your absentee ballot will be
2179	counted, it should be completed and returned as soon as possible
2180	so that it can reach the supervisor of elections of the county
2181	in which your precinct is located no later than 7 p.m. on the
2182	date of the election.
2183	2.  Mark your ballot in secret as instructed on the ballot.
2184	You must mark your own ballot unless you are unable to do so
2185	because of blindness, disability, or inability to read or write.
2186	3.  Mark only the number of candidates or issue choices for
2187	a race as indicated on the ballot. If you are allowed to "Vote
2188	for One" candidate and you vote for more than one, your vote in
2189	that race will not be counted.
2190	4.  Place your marked ballot in the enclosed secrecy
2191	envelope and seal the envelope.
2192	5.  Insert the secrecy envelope into the enclosed envelope
2193	bearing the Voter's Certificate. Seal the envelope and
2194	completely fill out the Voter's Certificate on the back of the
2195	envelope.
2196	a.  You must sign your name on the line above (Voter's
2197	Signature).
2198	b.  If you are an overseas voter, you must include the date
2199	you signed the Voter's Certificate on the line above (Date) or
2200	your ballot may not be counted.
2201	6.  Unless you meet one of the exemptions in Item 7., you
2202	must make a copy of one of the following forms of
2203	identification:
2204	a.  Identification which must include your name and
2205	photograph: current and valid Florida driver's license; Florida
2206	identification card issued by the Department of Highway Safety
2207	and Motor Vehicles; United States passport; employee badge or
2208	identification; buyer's club identification card; debit or
2209	credit card; military identification; student identification;
2210	retirement center identification; neighborhood association
2211	identification; entertainment identification; or public
2212	assistance identification; or
2213	b.  Identification which shows your name and current
2214	residence address: current utility bill, bank statement,
2215	government check, paycheck, or government document (excluding
2216	voter identification card).
2217	7.  The identification requirements of Item 6. do not apply
2218	if you meet one of the following requirements:
2219	a.  You are 65 years of age or older.
2220	b.  You have a temporary or permanent physical disability.
2221	c.  You are a member of a uniformed service on active duty
2222	who, by reason of such active duty, will be absent from the
2223	county on election day.
2224	d.  You are a member of the Merchant Marine who, by reason
2225	of service in the Merchant Marine, will be absent from the
2226	county on election day.
2227	e.  You are the spouse or dependent of a member referred to
2228	in paragraph c. or paragraph d. who, by reason of the active
2229	duty or service of the member, will be absent from the county on
2230	election day.
2231	f.  You are currently residing outside the United States.
2232	8.  Place the envelope bearing the Voter's Certificate into
2233	the mailing envelope addressed to the supervisor. Insert a copy
2234	of your identification in the mailing envelope. DO NOT PUT YOUR
2235	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2236	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2237	BALLOT WILL NOT COUNT.
2238	9.  Mail, deliver, or have delivered the completed mailing
2239	envelope. Be sure there is sufficient postage if mailed.
2240	10.  FELONY NOTICE. It is a felony under Florida law to
2241	accept any gift, payment, or gratuity in exchange for your vote
2242	for a candidate. It is also a felony under Florida law to vote
2243	in an election using a false identity or false address, or under
2244	any other circumstances making your ballot false or fraudulent.
2245	Section 43.  Subsection (3) of section 102.012, Florida
2246	Statutes, is amended to read:
2247	102.012  Inspectors and clerks to conduct elections.--
2248	(3)  The supervisor shall furnish inspectors of election
2249	for each precinct with the list of registered electors for that
2250	precinct registration books divided alphabetically as will best
2251	facilitate the holding of an election. The supervisor shall also
2252	furnish to the inspectors of election at the polling place at
2253	each precinct in the supervisor's county a sufficient number of
2254	forms and blanks for use on election day.
2255	Section 44.  Subsections (1), (2), and (3) of section
2256	104.013, Florida Statutes, are amended to read:
2257	104.013  Unauthorized use, possession, or destruction of
2258	voter information registration identification card.--
2259	(1)  It is unlawful for any person knowingly to have in his
2260	or her possession any blank, forged, stolen, fictitious,
2261	counterfeit, or unlawfully issued voter information registration
2262	identification card unless possession by such person has been
2263	duly authorized by the supervisor.
2264	(2)  It is unlawful for any person to barter, trade, sell,
2265	or give away a voter information registration identification
2266	card unless said person has been duly authorized to issue a
2267	voter information registration identification card.
2268	(3)  It is unlawful for any person willfully to destroy or
2269	deface the information registration identification card of a
2270	duly registered voter.
2271	Section 45.  Section 106.34, Florida Statutes, is amended
2272	to read:
2273	106.34  Expenditure limits.--
2274	(1)  Any candidate for Governor and Lieutenant Governor or
2275	Cabinet officer who requests contributions from the Election
2276	Campaign Financing Trust Fund shall limit his or her total
2277	expenditures as follows:
2278	(a)  Governor and Lieutenant Governor: $2 for each Florida
2279	registered voter $5 million.
2280	(b)  Cabinet officer: $1 for each Florida registered voter
2281	$2 million.
2282	(2)  The expenditure limit for any candidate with primary
2283	election opposition only shall be 60 percent of the limit
2284	provided in subsection (1).
2285	(3)  For purposes of this section, "Florida registered
2286	voter" means a voter who is registered to vote in Florida as of
2287	June 30 of each odd-numbered year. The Division of Elections
2288	shall certify the total number of Florida registered voters no
2289	later than July 31 of each odd-numbered year. Such total number
2290	shall be calculated by adding the number of registered voters in
2291	each county as of June 30 of the year of the certification date.
2292	For the 2006 general election, the Division of Elections shall
2293	certify the total number of Florida registered voters by July
2294	31, 2005 The expenditure limit shall be adjusted by the
2295	Secretary of State quadrennially to reflect the rate of
2296	inflation or deflation as indicated in the Consumer Price Index
2297	for All Urban Consumers, U.S. City Average, All Items, 1967=100,
2298	or successor reports as reported by the United States Department
2299	of Labor, Bureau of Labor Statistics.
2300	(4)  For the purposes of this section, the term
2301	"expenditure" does not include the payment of compensation for
2302	legal and accounting services rendered on behalf of a candidate.
2303	Section 46.  Section 196.141, Florida Statutes, is amended
2304	to read:
2305	196.141  Homestead exemptions; duty of property
2306	appraiser.--
2307	(1)  The property appraiser shall examine each claim for
2308	exemption filed with or referred to him or her and shall allow
2309	the same, if found to be in accordance with law, by marking the
2310	same approved and by making the proper deductions on the tax
2311	books.
2312	(2)  The property appraiser shall examine each referral, of
2313	a person registering to vote at an address different from the
2314	one where the person has filed for a homestead exemption, which
2315	has been provided by a supervisor of elections pursuant to s.
2316	98.015. The property appraiser shall initiate procedures to
2317	terminate a person's homestead exemption and assess back taxes,
2318	if appropriate, if the person claiming such exemption is not
2319	entitled to the exemption under law.
2320	Section 47.  Paragraph (b) of subsection (4) of section
2321	120.54, Florida Statutes, is amended to read:
2322	120.54  Rulemaking.--
2323	(4)  EMERGENCY RULES.--
2324	(b)  Rules pertaining to the public health, safety, or
2325	welfare shall include rules pertaining to perishable
2326	agricultural commodities or rules pertaining to the
2327	interpretation and implementation of the requirements of
2328	chapters 97 through 102 and 105 of the Florida Election Code
2329	which are filed when not more than 60 days remain before an
2330	election as defined in s. 97.021 or which are filed during the
2331	time period after the election and before certification of the
2332	election pursuant to s. 102.112 or s. 102.121.
2333	Section 48.  Sections 98.055, 98.095, 98.0977, 98.0979,
2334	98.101, 98.181, 98.231, 98.451, 98.481, and 101.635, Florida
2335	Statutes, are repealed.
2336	Section 49.  Except as otherwise provided herein, this act
2337	shall take effect January 1, 2006.

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