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. 106.0705, F.S.; providing for the
145	timely filing of certain reports; amending s. 106.34,
146	F.S.; revising provisions relating to certain candidate
147	expenditure limits; providing a definition; amending s.
148	196.141, F.S., relating to homestead exemptions and duties
149	of property appraisers, to conform; amending s. 120.54,
150	F.S.; including certain rules pertaining to the Florida
151	Election Code within the definition of emergency rules
152	governing public health, safety, or welfare during
153	specified times; amending s. 99.061, F.S.; revising
154	provisions relating to the method of qualifying for
155	nomination to the office of the state attorney or public
156	defender; repealing s. 98.055, F.S., relating to
157	registration list maintenance forms; repealing s. 98.095,
158	F.S., relating to county registers open to inspection and
159	copies; repealing s. 98.0977, F.S., relating to the
160	statewide voter registration database and its operation
161	and maintenance; repealing s. 98.0979, F.S., relating to
162	inspection of the statewide voter registration; repealing
163	s. 98.101, F.S., relating to specifications for permanent
164	registration binders, files, and forms; repealing s.
165	98.181, F.S., relating to duty of the supervisor of
166	elections to make up indexes or records; repealing s.
167	98.231, F.S., relating to duty of the supervisor of
168	elections to furnish the department the number of
169	registered electors; repealing s. 98.451, F.S., relating
170	to automation in processing registration data; repealing
171	s. 98.481, F.S., relating to challenges to electors;
172	repealing s. 101.635, F.S., relating to distribution of
173	blocks of printed ballots; providing effective dates.
174
175	Be It Enacted by the Legislature of the State of Florida:
176
177	Section 1.  Subsections (1), (2), and (11) of section
178	97.012, Florida Statutes, are amended, and subsection (14) is
179	added to said section, to read:
180	97.012  Secretary of State as chief election officer.--The
181	Secretary of State is the chief election officer of the state,
182	and it is his or her responsibility to:
183	(1)  Obtain and maintain uniformity in the application,
184	operation, and interpretation and implementation of the election
185	laws. In order to obtain and maintain uniformity in the
186	interpretation and implementation of the elections laws, the
187	Department of State may, pursuant to ss. 120.536(1) and 120.54,
188	adopt by rule uniform standards for the proper and equitable
189	interpretation and implementation of the requirements of
190	chapters 97 through 102 and 105 of the Florida Election Code.
191	(2)  Provide uniform standards for the proper and equitable
192	implementation of the registration laws by administrative rule
193	of the Department of State adopted pursuant to ss. 120.536(1)
194	and 120.54.
195	(11)  Create and administer maintain a statewide voter
196	registration system as required by the Help America Vote Act of
197	2002 database. The secretary may delegate voter registration
198	duties and records maintenance activities to voter registration
199	officials. Any responsibilities delegated by the secretary shall
200	be performed in accordance with state and federal law.
201	(14)  Bring and maintain such actions at law or in equity
202	by mandamus or injunction to enforce the performance of any
203	duties of a county supervisor of elections or any official
204	performing duties with respect to chapters 97 through 102 and
205	105 or to enforce compliance with a rule of the Department of
206	State adopted to interpret or implement any of those chapters.
207	(a)  Venue for such actions shall be in the Circuit Court
208	of Leon County.
209	(b)  When the secretary files an action under this section
210	and not more than 60 days remain before an election as defined
211	in s. 97.021, or during the time period after the election and
212	before certification of the election pursuant to s. 102.112 or
213	s. 102.121, the court, including an appellate court, shall set
214	an immediate hearing, giving the case priority over other
215	pending cases.
216	(c)  Prior to filing an action to enforce performance of
217	the duties of the supervisor of elections or any official
218	described in this subsection, the secretary or his or her
219	designee first must confer, or must make a good-faith attempt to
220	confer, with the supervisor of elections or the official to
221	ensure compliance with chapters 97 through 102 and 105 or the
222	rules of the Department of State adopted under any of those
223	chapters.
224	Section 2.  Subsection (13) of section 97.021, Florida
225	Statutes, is amended, present subsections (38) and (39) are
226	renumbered as subsections (39) and (40), respectively, and a new
227	subsection (38) is added to said section, to read:
228	97.021  Definitions.--For the purposes of this code, except
229	where the context clearly indicates otherwise, the term:
230	(13)  "Lists of registered electors" means names and
231	associated information copies of printed lists of registered
232	electors maintained by the department in the statewide voter
233	registration system or generated or derived from the statewide
234	voter registration system. Lists may be produced in printed or
235	electronic format, computer tapes or disks, or any other device
236	used by the supervisor of elections to maintain voter records.
237	(38)  "Voter registration official" means any supervisor of
238	elections or individual authorized by the Secretary of State to
239	accept voter registration applications and execute updates to
240	the statewide voter registration system.
241	Section 3.  Section 97.026, Florida Statutes, is amended to
242	read:
243	97.026  Forms to be available in alternative formats and
244	via the Internet.--It is the intent of the Legislature that all
245	forms required to be used in chapters 97-106 shall be made
246	available upon request, in alternative formats. Such forms shall
247	include absentee ballots as alternative formats for such ballots
248	become available and the Division of Elections is able to
249	certify systems that provide them. The department may, pursuant
250	to ss. 120.536(1) and 120.54, adopt rules to administer this
251	section. Whenever possible, such forms, with the exception of
252	absentee ballots, shall be made available by the Department of
253	State via the Internet. Sections that contain such forms
254	include, but are not limited to, ss. 97.051, 97.052, 97.053,
255	97.057, 97.058, 97.0583, 97.071, 97.073, 97.1031, 98.055,
256	98.075, 99.021, 100.361, 100.371, 101.045, 101.171, 101.20,
257	101.6103, 101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and
258	106.087.
259	Section 4.  Section 97.051, Florida Statutes, is amended to
260	read:
261	97.051  Oath upon registering.--A person registering to
262	vote must subscribe to the following oath: "I do solemnly swear
263	(or affirm) that I will protect and defend the Constitution of
264	the United States and the Constitution of the State of Florida,
265	that I am qualified to register as an elector under the
266	Constitution and laws of the State of Florida, and that all
267	information provided in this application is true I am a citizen
268	of the United States and a legal resident of Florida."
269	Section 5.  Section 97.052, Florida Statutes, is amended to
270	read:
271	97.052  Uniform statewide voter registration application.--
272	(1)  The department shall prescribe by rule a uniform
273	statewide voter registration application for use in this state.
274	(a)  The uniform statewide voter registration application
275	must be accepted for any one or more of the following purposes:
276	1.  Initial registration.
277	2.  Change of address.
278	3.  Change of party affiliation.
279	4.  Change of name.
280	5.  Replacement of a voter information registration
281	identification card.
282	6.  Signature update.
283	(b)  The department is responsible for printing the uniform
284	statewide voter registration application and the voter
285	registration application form prescribed by the Federal Election
286	Assistance Commission pursuant to federal law the National Voter
287	Registration Act of 1993. The applications and forms must be
288	distributed, upon request, to the following:
289	1.  Individuals seeking to register to vote or update a
290	voter registration record.
291	2.  Individuals or groups conducting voter registration
292	programs. A charge of 1 cent per application shall be assessed
293	on requests for 10,000 or more applications.
294	3.  The Department of Highway Safety and Motor Vehicles.
295	4.  Voter registration agencies.
296	5.  Armed forces recruitment offices.
297	6.  Qualifying educational institutions.
298	7.  Supervisors, who must make the applications and forms
299	available in the following manner:
300	a.  By distributing the applications and forms in their
301	offices to any individual or group.
302	b.  By distributing the applications and forms at other
303	locations designated by each supervisor.
304	c.  By mailing the applications and forms to applicants
305	upon the request of the applicant.
306	(c)  The uniform statewide voter registration application
307	may be reproduced by any private individual or group, provided
308	the reproduced application is in the same format as the
309	application prescribed by rule under this section.
310	(2)  The uniform statewide voter registration application
311	must be designed to elicit the following information from the
312	applicant:
313	(a)  Last, first, and middle Full name, including any
314	suffix.
315	(b)  Date of birth.
316	(c)  Address of legal residence.
317	(d)  Mailing address, if different.
318	(e)  County of legal residence.
319	(f)  Address of property for which the applicant has been
320	granted a homestead exemption, if any.
321	(f)(g)  Race or ethnicity that best describes the
322	applicant:
323	1.  American Indian or Alaskan Native.
324	2.  Asian or Pacific Islander.
325	3.  Black, not Hispanic.
326	4.  White, not Hispanic.
327	5.  Hispanic.
328	(g)(h)  State or country of birth.
329	(h)(i)  Sex.
330	(i)(j)  Party affiliation.
331	(j)(k)  Whether the applicant needs assistance in voting.
332	(k)(l)  Name and address where last registered.
333	(l)(m)  Last four digits of the applicant's social security
334	number.
335	(m)(n)  Florida driver's license number or the
336	identification number from a Florida identification card issued
337	under s. 322.051.
338	(n)  An indication, if applicable, that the applicant has
339	not been issued a Florida driver's license, a Florida
340	identification card, or a social security number.
341	(o)  Telephone number (optional).
342	(p)  Signature of applicant under penalty for false
343	swearing pursuant to s. 104.011, by which the person subscribes
344	to the oath required by s. 3, Art. VI of the State Constitution
345	and s. 97.051, and swears or affirms that the information
346	contained in the registration application is true.
347	(q)  Whether the application is being used for initial
348	registration, to update a voter registration record, or to
349	request a replacement voter information registration
350	identification card.
351	(r)  Whether the applicant is a citizen of the United
352	States by asking the question "Are you a citizen of the United
353	States of America?" and providing boxes for the applicant to
354	check to indicate whether the applicant is or is not a citizen
355	of the United States.
356	(s)  Whether That the applicant has not been convicted of a
357	felony, and or, if convicted, has had his or her civil rights
358	restored by including the statement "I affirm I am not a
359	convicted felon or, if I am, my rights relating to voting have
360	been restored." and providing a box for the applicant to check
361	to affirm the statement.
362	(t)  Whether That the applicant has not been adjudicated
363	mentally incapacitated with respect to voting or, if so
364	adjudicated, has had his or her right to vote restored by
365	including the statement "I affirm I have not been adjudicated
366	mentally incapacitated with respect to voting or, if I have, my
367	competency has been restored." and providing a box for the
368	applicant to check to affirm the statement.
369
370	The registration application form must be in plain language and
371	designed so that convicted felons whose civil rights have been
372	restored and persons who have been adjudicated mentally
373	incapacitated and have had their voting rights restored are not
374	required to reveal their prior conviction or adjudication.
375	(3)  The uniform statewide voter registration application
376	must also contain:
377	(a)  The oath required by s. 3, Art. VI of the State
378	Constitution and s. 97.051.
379	(b)  A statement specifying each eligibility requirement
380	under s. 97.041.
381	(c)  The penalties provided in s. 104.011 for false
382	swearing in connection with voter registration.
383	(d)  A statement that, if an applicant declines to register
384	to vote, the fact that the applicant has declined to register
385	will remain confidential and may be used only for voter
386	registration purposes.
387	(e)  A statement that informs the applicant who chooses to
388	register to vote or update a voter registration record that the
389	office at which the applicant submits a voter registration
390	application or updates a voter registration record will remain
391	confidential and may be used only for voter registration
392	purposes.
393	(f)  A statement that informs the applicant that any person
394	who has been granted a homestead exemption in this state, and
395	who registers to vote in any precinct other than the one in
396	which the property for which the homestead exemption has been
397	granted, shall have that information forwarded to the property
398	appraiser where such property is located, which may result in
399	the person's homestead exemption being terminated and the person
400	being subject to assessment of back taxes under s. 193.092,
401	unless the homestead granted the exemption is being maintained
402	as the permanent residence of a legal or natural dependent of
403	the owner and the owner resides elsewhere.
404	(f)(g)  A statement informing an the applicant who has not
405	been issued a Florida driver's license, a Florida identification
406	card, or a social security number that if the application form
407	is submitted by mail and the applicant is registering for the
408	first time in this state, the applicant will be required to
409	provide identification prior to voting the first time.
410	(4)  A supervisor may produce a voter registration
411	application that has the supervisor's direct mailing address if
412	the department has reviewed the application and determined that
413	it is substantially the same as the uniform statewide voter
414	registration application.
415	(5)  The voter registration application form prescribed by
416	the Federal Election Assistance Commission pursuant to federal
417	law the National Voter Registration Act of 1993 or the federal
418	postcard application must be accepted as an application for
419	registration in this state if the completed application or
420	postcard application contains the information required by the
421	constitution and laws of this state.
422	(6)  If a voter registration applicant fails to provide any
423	of the required information on the voter registration
424	application form, the supervisor shall notify the applicant of
425	the failure by mail within 5 business days after the supervisor
426	has the information available in the voter registration system.
427	The applicant shall have an opportunity to complete the
428	application form to vote in the next election up until the book
429	closing for that next election.
430	Section 6.  Section 97.053, Florida Statutes, is amended to
431	read:
432	97.053  Acceptance of voter registration applications.--
433	(1)  Voter registration applications, changes in
434	registration, and requests for a replacement voter information
435	registration identification card must be accepted in the office
436	of any supervisor, the division, a driver license office, a
437	voter registration agency, or an armed forces recruitment office
438	when hand delivered by the applicant or a third party during the
439	hours that office is open or when mailed.
440	(2)  A completed voter registration application is complete
441	and that contains the information necessary to establish an
442	applicant's eligibility pursuant to s. 97.041 becomes the
443	official voter registration record of that applicant when all
444	information necessary to establish the applicant's eligibility
445	pursuant to s. 97.041 is received by a voter registration
446	official and verified pursuant to subsection (6) the appropriate
447	supervisor. If the applicant fails to complete his or her voter
448	registration application prior to the date of book closing for
449	an election, then such applicant shall not be eligible to vote
450	in that election.
451	(3)  The registration date for a valid initial voter
452	registration application that has been hand delivered is the
453	date that the application is when received by a driver license
454	office, a voter registration agency, an armed forces recruitment
455	office, the division, or the office of any supervisor in the
456	state.
457	(4)  The registration date for a valid initial voter
458	registration application that has been mailed to a driver
459	license office, a voter registration agency, an armed forces
460	recruitment office, the division, or the office of any
461	supervisor in the state and bears a clear postmark is the date
462	of that the postmark. If an initial voter registration
463	application that has been mailed does not bear a postmark or if
464	the postmark is unclear, the registration date is the date the
465	application registration is received by any supervisor or the
466	division, unless it is received within 5 days after the closing
467	of the books for an election, excluding Saturdays, Sundays, and
468	legal holidays, in which case the registration date is the book-
469	closing date.
470	(5)(a)  A voter registration application is complete if it
471	contains the following information necessary to establish the
472	applicant's eligibility pursuant to s. 97.041:
473	1.  The applicant's name.
474	2.  The applicant's legal residence address.
475	3.  The applicant's date of birth.
476	4.  A mark in the checkbox affirming An indication that the
477	applicant is a citizen of the United States.
478	5.a.  The applicant's current and valid Florida driver's
479	license number or, the identification number from a Florida
480	identification card issued under s. 322.051, or
481	b.  If the applicant has not been issued a current and
482	valid Florida driver's license or a Florida identification card,
483	the last four digits of the applicant's social security number.
484
485	In case an applicant has not been issued a current and valid
486	Florida driver's license, Florida identification card, or social
487	security number, the applicant shall affirm this fact in the
488	manner prescribed in the uniform statewide voter registration
489	application.
490	6.  A mark in the checkbox affirming An indication that the
491	applicant has not been convicted of a felony or that, if
492	convicted, has had his or her civil rights restored.
493	7.  A mark in the checkbox affirming An indication that the
494	applicant has not been adjudicated mentally incapacitated with
495	respect to voting or that, if so adjudicated, has had his or her
496	right to vote restored.
497	8.  The original signature or a digital signature
498	transmitted by the Department of Highway Safety and Motor
499	Vehicles of the applicant swearing or affirming under the
500	penalty for false swearing pursuant to s. 104.011 that the
501	information contained in the registration application is true
502	and subscribing to the oath required by s. 3, Art. VI of the
503	State Constitution and s. 97.051.
504	(b)  An applicant who fails to designate party affiliation
505	must be registered without party affiliation. The supervisor
506	must notify the voter by mail that the voter has been registered
507	without party affiliation and that the voter may change party
508	affiliation as provided in s. 97.1031.
509	(6)  A voter registration application may be accepted as
510	valid only after the department has verified the authenticity or
511	nonexistence of 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. If a completed
514	voter registration application has been received by the book-
515	closing deadline but the driver's license number, the Florida
516	identification card number, or the last four digits of the
517	social security number provided by the applicant cannot be
518	verified prior to the applicant presenting himself or herself to
519	vote, the applicant shall be provided a provisional ballot. The
520	provisional ballot shall be counted only if the application is
521	verified by the end of the canvassing period or if the applicant
522	presents evidence to the supervisor of elections sufficient to
523	verify the authenticity of the driver's license number, Florida
524	identification card number, or last four digits of the social
525	security number provided on the application no later than 5 p.m.
526	of the third day following the election.
527	(7)  All voter registration applications received by a
528	voter registration official shall be entered into the statewide
529	voter registration system within 15 days after receipt. Once
530	entered, the application shall be immediately forwarded to the
531	appropriate supervisor of elections.
532	Section 7.  Subsections (1), (2), and (3) of section
533	97.0535, Florida Statutes, are amended to read:
534	97.0535  Special requirements for certain applicants.--
535	(1)  Each applicant who registers by mail and who has never
536	previously voted in the state and who the department has
537	verified has not been issued a current and valid Florida
538	driver's license, Florida identification card, or social
539	security number county shall be required to provide a copy of a
540	current and valid identification, as provided in subsection (3),
541	or indicate that he or she is exempt from the requirements prior
542	to voting. Such The applicant may provide the identification or
543	indication may be provided at the time of registering, or at any
544	time prior to voting for the first time in the state county. If
545	the voter registration application clearly provides information
546	from which a voter registration official the supervisor can
547	determine that the applicant meets at least one of the
548	exemptions in subsection (4), the voter registration official
549	supervisor shall make the notation on the registration records
550	of the statewide voter registration system and the applicant
551	shall not be required to provide the identification required by
552	this section further information that is required of first time
553	voters who register by mail.
554	(2)  The voter registration official supervisor of
555	elections shall, upon accepting the voter registration
556	application submitted pursuant to subsection (1) for an
557	applicant who registered by mail and who has not previously
558	voted in the county, determine if the applicant provided the
559	required identification at the time of registering. If the
560	required identification was not provided, the supervisor shall
561	notify the applicant that he or she must provide the
562	identification prior to voting the first time in the state
563	county.
564	(3)(a)  The following forms of identification shall be
565	considered current and valid if they contain the name and
566	photograph of the applicant and have not expired:
567	1.  Florida driver's license.
568	2.  Florida identification card issued by the Department of
569	Highway Safety and Motor Vehicles.
570	1.3.  United States passport.
571	2.4.  Employee badge or identification.
572	3.5.  Buyer's club identification.
573	4.6.  Debit or credit card.
574	5.7.  Military identification.
575	6.8.  Student identification.
576	7.9.  Retirement center identification.
577	8.10.  Neighborhood association identification.
578	11.  Entertainment identification.
579	9.12.  Public assistance identification.
580	(b)  The following forms of identification shall be
581	considered current and valid if they contain the name and
582	current residence address of the applicant:
583	1.  Utility bill.
584	2.  Bank statement.
585	3.  Government check.
586	4.  Paycheck.
587	5.  Other government document (excluding voter
588	identification card).
589	Section 8.  Subsection (1) of section 97.055, Florida
590	Statutes, is amended to read:
591	97.055  Registration books; when closed for an election.--
592	(1)  The registration books must be closed on the 29th day
593	before each election and must remain closed until after that
594	election. If an election is called and there are fewer than 29
595	days before that election, the registration books must be closed
596	immediately. When the registration books are closed for an
597	election, only updates to a voter's name, address, and signature
598	pursuant to ss. 98.077 and 101.045 will be permitted for
599	purposes of the upcoming election. Voter registration
600	applications and party changes must be accepted but only for the
601	purpose of subsequent elections. However, party changes received
602	between the book-closing date of the first primary election and
603	the date of the second primary election are not effective until
604	after the second primary election.
605	Section 9.  Section 97.057, Florida Statutes, is amended to
606	read:
607	97.057  Voter registration by the Department of Highway
608	Safety and Motor Vehicles.--
609	(1)  The Department of Highway Safety and Motor Vehicles
610	shall provide the opportunity to register to vote or to update a
611	voter registration record to each individual who comes to an
612	office of that department to:
613	(a)  Apply for or renew a driver's license;
614	(b)  Apply for or renew an identification card pursuant to
615	chapter 322; or
616	(c)  Change an address on an existing driver's license or
617	identification card.
618	(2)  The Department of Highway Safety and Motor Vehicles
619	shall:
620	(a)  Notify each individual, orally or in writing, that:
621	1.  Information gathered for the completion of a driver's
622	license or identification card application, renewal, or change
623	of address can be automatically transferred to a voter
624	registration application;
625	2.  If additional information and a signature are provided,
626	the voter registration application will be completed and sent to
627	the proper election authority;
628	3.  Information provided can also be used to update a voter
629	registration record;
630	4.  All declinations will remain confidential and may be
631	used only for voter registration purposes; and
632	5.  The particular driver license office in which the
633	person applies to register to vote or updates a voter
634	registration record will remain confidential and may be used
635	only for voter registration purposes.
636	(b)  Require a driver's license examiner to inquire orally,
637	or, if the applicant is hearing impaired, inquire in writing if
638	the applicant is hearing impaired, and whether the applicant
639	wishes to register to vote or update a voter registration record
640	during the completion of a driver's license or identification
641	card application, renewal, or change of address.
642	1.  If the applicant chooses to register to vote or to
643	update a voter registration record:
644	a.  All applicable information received by the Department
645	of Highway Safety and Motor Vehicles in the course of filling
646	out the forms necessary under subsection (1) must be transferred
647	to a voter registration application.;
648	b.  The additional necessary information must be obtained
649	by the driver's license examiner and must not duplicate any
650	information already obtained while completing the forms required
651	under subsection (1).; and
652	c.  A voter registration application with all of the
653	applicant's voter registration information required to establish
654	the applicant's eligibility pursuant to s. 97.041 must be
655	presented to the applicant to review and verify the voter
656	registration information received and provide an electronic
657	signature affirming the accuracy of the information provided
658	sign.
659	2.  If the applicant declines to register to vote, update
660	the applicant's voter registration record, or change the
661	applicant's address by either orally declining or by failing to
662	sign the voter registration application, the Department of
663	Highway Safety and Motor Vehicles must note such declination on
664	its records and shall forward the declination to the statewide
665	voter registration system keep the declination for 2 years but
666	must forward a copy of the unsigned voter registration
667	application within 5 days after receipt to the appropriate
668	supervisor of elections.
669	(3)  For the purpose of this section, the Department of
670	Highway Safety and Motor Vehicles, with the approval of the
671	Department of State, shall prescribe:
672	(a)  A voter registration application that is the same in
673	content, format, and size as the uniform statewide voter
674	registration application prescribed under s. 97.052; and
675	(b)  A form that will inform applicants under subsection
676	(1) of the information contained in paragraph (2)(a).
677	(4)  The Department of Highway Safety and Motor Vehicles
678	must electronically transmit forward completed voter
679	registration applications within 24 hours after receipt to the
680	statewide voter registration system. Completed paper voter
681	registration applications received by the Department of Highway
682	Safety and Motor Vehicles shall be forwarded within 5 days after
683	receipt to the supervisor of the county where the office that
684	processed or received that application is located.
685	(5)  The Department of Highway Safety and Motor Vehicles
686	must send, with each driver's license renewal extension
687	application authorized pursuant to s. 322.18(8), a uniform
688	statewide voter registration application, the voter registration
689	application prescribed under paragraph (3)(a), or a voter
690	registration application developed especially for the purposes
691	of this subsection by the Department of Highway Safety and Motor
692	Vehicles, with the approval of the Department of State, which
693	must meet the requirements of s. 97.052.
694	(6)  A person providing voter registration services for a
695	driver license office may not:
696	(a)  Seek to influence an applicant's political preference
697	or party registration;
698	(b)  Display any political preference or party allegiance;
699	(c)  Make any statement to an applicant or take any action
700	the purpose or effect of which is to discourage the applicant
701	from registering to vote; or
702	(d)  Disclose any applicant's voter registration
703	information except as needed for the administration of voter
704	registration.
705	(7)  The Department of Highway Safety and Motor Vehicles
706	shall compile lists, by county, of those individuals whose names
707	have been purged from its driver's license database because they
708	have been licensed in another state and shall provide those
709	lists annually to the appropriate supervisors.
710	(7)(8)  The Department of Highway Safety and Motor Vehicles
711	shall collect data determined necessary by the Department of
712	State for program evaluation and reporting to the Federal
713	Election Assistance Commission pursuant to federal law the
714	National Voter Registration Act of 1993.
715	(8)(9)  The Department of Highway Safety and Motor Vehicles
716	must ensure that all voter registration services provided by
717	driver license offices are in compliance with the Voting Rights
718	Act of 1965.
719	(9)  The Department of Highway Safety and Motor Vehicles
720	shall retain complete records of voter registration information
721	received, processed, and submitted to the statewide voter
722	registration system by the Department of Highway Safety and
723	Motor Vehicles. These records shall be for the explicit purpose
724	of supporting audit and accounting controls established to
725	ensure accurate and complete electronic transmission of records
726	between the statewide voter registration system and the
727	Department of Highway Safety and Motor Vehicles.
728	(10)  The department shall provide the Department of
729	Highway Safety and Motor Vehicles with an electronic database of
730	street addresses valid for use as the legal residence address as
731	required in s. 97.053(5). The Department of Highway Safety and
732	Motor Vehicles shall compare the address provided by the
733	applicant against the database of valid street addresses. If the
734	address provided by the applicant does not match a valid street
735	address in the database, the applicant will be asked to verify
736	the address provided. The Department of Highway Safety and Motor
737	Vehicles shall not reject any application for voter registration
738	for which a valid match cannot be made.
739	(11)  The Department of Highway Safety and Motor Vehicles
740	shall enter into an agreement with the department to match
741	information in the statewide voter registration system with
742	information in the database of the Department of Highway Safety
743	and Motor Vehicles to the extent required to verify the accuracy
744	of the driver's license number, Florida identification number,
745	or last four digits of the social security number provided on
746	applications for voter registration as required in s. 97.053.
747	(12)  The Department of Highway Safety and Motor Vehicles
748	shall enter into an agreement with the Commissioner of Social
749	Security as required by the Help America Vote Act of 2002 to
750	verify the last four digits of the social security number
751	provided in applications for voter registration as required in
752	s. 97.053.
753	Section 10.  Subsections (6), (7), and (9) of section
754	97.058, Florida Statutes, are amended to read:
755	97.058  Voter registration agencies.--
756	(6)  A voter registration agency must forward all completed
757	and incomplete voter registration applications within 5 days
758	after receipt to the supervisor of the county where the agency
759	that processed or received that application is located.
760	(7)  A voter registration agency must retain declinations
761	for a period of 2 years, during which time the declinations are
762	not considered a record of the client pursuant to the laws
763	governing the agency's records. However, a voter registration
764	agency must forward a copy of each incompleted voter
765	registration application within 5 days after receipt to the
766	appropriate supervisor of elections.
767	(9)  A voter registration agency must collect data
768	determined necessary by the department, as provided by rule, for
769	program evaluation and reporting to the Federal Election
770	Assistance Commission pursuant to federal law the National Voter
771	Registration Act of 1993.
772	Section 11.  Section 97.061, Florida Statutes, is amended
773	to read:
774	97.061  Special registration for electors requiring
775	assistance.--
776	(1)  Any person who is eligible to register and who is
777	unable to read or write or who, because of some disability,
778	needs assistance in voting shall upon that person's request be
779	registered by the supervisor under the procedure prescribed by
780	this section and shall be entitled to receive assistance at the
781	polls under the conditions prescribed by this section. The
782	department may adopt rules to administer this section.
783	(2)  If a person is qualified to register pursuant to this
784	section, the voter registration official supervisor shall note
785	in that person's registration record that the person needs
786	assistance in voting.
787	(3)  The precinct register generated by the supervisor
788	shall contain Upon registering any person pursuant to this
789	section, the supervisor must make a notation on the registration
790	books or records which are delivered to the polls on election
791	day that such person is eligible for assistance in voting, and
792	the supervisor may issue such person a special registration
793	identification card or make a some notation on the voter
794	information regular registration identification card that such
795	person is eligible for assistance in voting. Such person shall
796	be entitled to receive the assistance of two election officials
797	or some other person of his or her own choice, other than the
798	person's employer, the agent of the person's employer, or an
799	officer or agent of the person's union, without the necessity of
800	executing the "Declaration to Secure Assistance" prescribed in
801	s. 101.051. Such person shall notify the supervisor of any
802	change in his or her condition which makes it unnecessary for
803	him or her to receive assistance in voting.
804	Section 12.  Section 97.071, Florida Statutes, is amended
805	to read:
806	97.071  Voter information Registration identification
807	card.--
808	(1)  A voter information registration identification card
809	shall must be furnished by the supervisor to all registered
810	voters residing in the supervisor's county. The card may
811	registering under the permanent single registration system and
812	must contain:
813	(a)  Voter's registration number.
814	(b)  Date of registration.
815	(c)  Full name.
816	(d)  Party affiliation.
817	(e)  Date of birth.
818	(f)  Race or ethnicity, if provided by the applicant.
819	(g)  Sex, if provided by the applicant.
820	(f)(h)  Address of legal residence.
821	(g)(i)  Precinct number.
822	(h)(j)  Name of supervisor and contact information of
823	supervisor.
824	(k)  Place for voter's signature.
825	(i)(l)  Other information deemed necessary by the
826	supervisor department.
827	(2)  A voter may receive a replacement voter information of
828	a registration identification card by providing a signed,
829	written request for a replacement card to a voter registration
830	official the supervisor. Upon verification of registration, the
831	supervisor shall issue the voter a duplicate card without
832	charge.
833	(3)  In the case of a change of name, address, or party
834	affiliation, the supervisor shall must issue the voter a new
835	voter information registration identification card. However, a
836	voter information registration identification card indicating a
837	party affiliation change made between the book-closing date for
838	the first primary election and the date of the second primary
839	election may not be issued until after the second primary
840	election.
841	Section 13.  Section 97.073, Florida Statutes, is amended
842	to read:
843	97.073  Disposition of voter registration applications;
844	cancellation notice.--
845	(1)  The supervisor must notify each applicant of the
846	disposition of the applicant's voter registration application.
847	The notice must inform the applicant that the application has
848	been approved, is incomplete, has been denied, or is a duplicate
849	of a current registration. A voter information registration
850	identification card sent to an applicant constitutes notice of
851	approval of registration. If the application is incomplete, the
852	supervisor must request that the applicant supply the missing
853	information using a voter registration application signed by the
854	applicant in writing and sign a statement that the additional
855	information is true and correct. A notice of denial must inform
856	the applicant of the reason the application was denied.
857	(2)  Within 2 weeks after approval of a voter registration
858	application that indicates that the applicant was previously
859	registered in another state jurisdiction, the department
860	supervisor must notify the registration official in the prior
861	state jurisdiction that the applicant is now registered in this
862	state the supervisor's county.
863	Section 14.  Section 97.1031, Florida Statutes, is amended
864	to read:
865	97.1031  Notice of change of residence within the same
866	county, change of name, or change of party affiliation.--
867	(1)  When an elector moves from the address named on that
868	person's voter registration record to another address within the
869	same county, the elector must provide notification of such move
870	to the supervisor of elections of that county. The elector may
871	provide the supervisor a signed, written notice or may notify
872	the supervisor by telephone or electronic means. However,
873	notification of such move other than by signed, written notice
874	must include the elector's date of birth. An elector may also
875	provide notification to other voter registration officials as
876	provided in subsection (2). A voter information registration
877	identification card reflecting the new information address of
878	legal residence shall be issued to the elector as provided in
879	subsection (3)(4).
880	(2)  When an elector moves from the address named on that
881	person's voter registration record to another address in a
882	different county but within the state, the elector seeks to
883	change party affiliation, or the name of an elector is changed
884	by marriage or other legal process, the elector shall must
885	provide notice a signed, written notification of such change to
886	a voter registration official using a voter registration
887	application signed by the elector. A voter information the
888	supervisor and obtain a registration identification card
889	reflecting the new information shall be issued to the elector as
890	provided in subsection (3) name.
891	(3)  When an elector seeks to change party affiliation, the
892	elector must provide a signed, written notification of such
893	intent to the supervisor and obtain a registration
894	identification card reflecting the new party affiliation,
895	subject to the issuance restriction in s. 97.071(3).
896	(3)(4)  The voter registration official supervisor shall
897	make the necessary changes in the elector's records as soon as
898	practical upon receipt of such notice of a change of address of
899	legal residence, name, or party affiliation. The supervisor of
900	elections and shall issue the new voter information registration
901	identification card as required by s. 97.071(3).
902	Section 15.  Section 97.105, Florida Statutes, is amended
903	to read:
904	97.105  Permanent single registration system
905	established.--A permanent single registration system for the
906	registration of electors to qualify them to vote in all
907	elections is provided for the several counties and
908	municipalities. This system shall be put into use by all
909	municipalities and shall be in lieu of any other system of
910	municipal registration. Electors shall be registered pursuant to
911	in pursuance of this system by a voter registration official the
912	supervisor or by a deputy supervisor, and electors registered
913	shall not thereafter be required to register or reregister
914	except as provided by law.
915	Section 16.  Subsections (3), (10), and (11) of section
916	98.015, Florida Statutes, are amended, and subsection (12) is
917	added to said section, to read:
918	98.015  Supervisor of elections; election, tenure of
919	office, compensation, custody of books, office hours, successor,
920	seal; appointment of deputy supervisors; duties.--
921	(3)  The supervisor shall update voter registration
922	information, enter new voter registrations into the statewide
923	voter registration system, and act as is the official custodian
924	of documents received by the supervisor related to the
925	registration of electors and changes in voter registration
926	status of electors of the supervisor's county the registration
927	books and has the exclusive control of matters pertaining to
928	registration of electors.
929	(10)  Each supervisor shall must ensure that all voter
930	registration and list maintenance procedures conducted by such
931	supervisor are in compliance with any applicable requirements
932	prescribed by rule of the department through the statewide voter
933	registration system or prescribed by for that county under the
934	Voting Rights Act of 1965, the National Voter Registration Act
935	of 1993, or the Help America Vote Act of 2002.
936	(11)  Each supervisor shall ensure that any voter
937	registration system used by the supervisor for administering his
938	or her duties as a voter registration official complies with the
939	specifications and procedures established by rule of the
940	department and the statewide voter registration system Each
941	supervisor of elections shall forward to the property appraiser
942	for the county in which the homestead is claimed the name of the
943	person and the address of the homestead of each person who
944	registers to vote at an address other than that at which the
945	person claims a homestead exemption, as disclosed on the uniform
946	statewide voter registration application pursuant to s. 97.052.
947	(12)  Each supervisor shall maintain a list of valid
948	residential street addresses for purposes of verifying the legal
949	addresses of voters residing in the supervisor's county. The
950	supervisor shall make all reasonable efforts to coordinate with
951	county 911 service providers, property appraisers, the United
952	States Postal Service, or other agencies as necessary to ensure
953	the continued accuracy of such list. The supervisor shall
954	provide the list of valid residential addresses to the statewide
955	voter registration system in the manner and frequency specified
956	by rule of the department.
957	Section 17.  Section 98.035, Florida Statutes, is created
958	to read:
959	98.035  Statewide voter registration system;
960	implementation, operation, and maintenance.--
961	(1)  The Secretary of State, as chief election officer of
962	the state, shall be responsible for implementing, operating, and
963	maintaining, in a uniform and nondiscriminatory manner, a
964	single, uniform, official, centralized, interactive,
965	computerized statewide voter registration system as required by
966	the Help America Vote Act of 2002. The department may adopt
967	rules to administer this section.
968	(2)  The statewide voter registration system must contain
969	the name and registration information of every legally
970	registered voter in the state. All voters shall be assigned a
971	unique identifier. The system shall be the official list of
972	registered voters in the state and shall provide secured access
973	by authorized voter registration officials. The system shall
974	enable voter registration officials to provide, access, and
975	update voter registration information.
976	(3)  The department may not contract with any other entity
977	for the operation of the statewide voter registration system.
978	(4)  The implementation of the statewide voter registration
979	system shall not prevent any supervisor of elections from
980	acquiring, maintaining, or using any hardware or software
981	necessary or desirable to carry out the supervisor's
982	responsibilities related to the use of voter registration
983	information or the conduct of elections, provided that such
984	hardware or software does not conflict with the operation of the
985	statewide voter registration system.
986	(5)  The department may adopt rules governing the access,
987	use, and operation of the statewide voter registration system to
988	ensure security, uniformity, and integrity of the system.
989	Section 18.  Section 98.045, Florida Statutes, is amended
990	to read:
991	98.045  Administration of voter registration.--
992	(1)  ELIGIBILITY OF APPLICANT.--The Each supervisor must
993	ensure that any eligible applicant for voter registration is
994	registered to vote and that each application for voter
995	registration is processed in accordance with law. The supervisor
996	shall determine whether a voter registration applicant is
997	ineligible based on any of the following:
998	(a)  The failure to complete a voter registration
999	application as specified in s. 97.053.
1000	(b)  The applicant is deceased.
1001	(c)  The applicant has been convicted of a felony for which
1002	his or her civil rights have not been restored.
1003	(d)  The applicant has been adjudicated mentally
1004	incapacitated with respect to the right to vote and such right
1005	has not been restored.
1006	(e)  The applicant does not meet the age requirement
1007	pursuant to s. 97.041.
1008	(f)  The applicant is not a United States citizen.
1009	(g)  The applicant is a fictitious person.
1010	(h)  The applicant has provided an address of legal
1011	residence that is not his or her legal residence.
1012	(i)  The applicant has provided a driver's license number,
1013	Florida identification card number, or the last four digits of a
1014	social security number that is not verifiable by the department.
1015	(2)  REMOVAL OF REGISTERED VOTERS.--
1016	(a)  Once a voter is registered, the name of that voter may
1017	not be removed from the statewide voter registration system
1018	books except at the written request of the voter, by reason of
1019	the voter's conviction of a felony or adjudication as mentally
1020	incapacitated with respect to voting, by death of the voter, or
1021	pursuant to a registration list maintenance program or other
1022	registration list maintenance activity conducted pursuant to s.
1023	98.065 or, s. 98.075, or s. 98.0977.
1024	(b)(2)  Information received by a voter registration
1025	official supervisor from an election official in another state
1026	jurisdiction indicating that a registered voter in this state
1027	the supervisor's county has registered to vote in that other
1028	state jurisdiction shall be considered as a written request from
1029	the voter to have the voter's name removed from the statewide
1030	voter registration system books of the supervisor's county.
1031	(3)  PUBLIC RECORDS ACCESS AND RETENTION.--Notwithstanding
1032	the provisions of ss. 98.095 and 98.0977, Each supervisor shall
1033	maintain for at least 2 years, and make available for public
1034	inspection and copying, all records concerning implementation of
1035	registration list maintenance programs and activities conducted
1036	pursuant to ss. 98.065 and, 98.075, and 98.0977. The records
1037	must include lists of the name and address of each person to
1038	whom a an address confirmation final notice was sent and
1039	information as to whether each such person responded to the
1040	mailing, but may not include any information that is
1041	confidential or exempt from public records requirements under
1042	this code.
1043	(4)  STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
1044	STREET ADDRESSES.--
1045	(a)  The department shall compile and maintain a statewide
1046	electronic database of valid residential street addresses from
1047	the information provided by the supervisors of elections
1048	pursuant to s. 98.015. The department shall evaluate the
1049	information provided by the supervisors of elections to identify
1050	any duplicate addresses and any address that may overlap county
1051	boundaries.
1052	(b)  The department shall make the statewide database of
1053	valid street addresses available to the Department of Highway
1054	Safety and Motor Vehicles as provided in s. 97.057(10). The
1055	Department of Highway Safety and Motor Vehicles shall use the
1056	database for purposes of validating the legal residential
1057	addresses provided in voter registration applications received
1058	by the Department of Highway Safety and Motor Vehicles.
1059	(5)  FORMS.--The department may prescribe by rule forms
1060	necessary to conduct maintenance of records in the statewide
1061	voter registration system.
1062	Section 19.  Section 98.065, Florida Statutes, as amended
1063	by section 6 of chapter 2002-281, Laws of Florida, is amended to
1064	read:
1065	98.065  Registration list maintenance programs.--
1066	(1)  The supervisor must conduct a general registration
1067	list maintenance program to protect the integrity of the
1068	electoral process by ensuring the maintenance of accurate and
1069	current voter registration records in the statewide voter
1070	registration system. The program must be uniform,
1071	nondiscriminatory, and in compliance with the Voting Rights Act
1072	of 1965, the National Voter Registration Act of 1993, and the
1073	Help America Vote Act of 2002. As used in this subsection, the
1074	term "nondiscriminatory" applies to and includes persons with
1075	disabilities.
1076	(2)  A supervisor must incorporate one or more of the
1077	following procedures in the supervisor's biennial registration
1078	list maintenance program under which:
1079	(a)  Change-of-address information supplied by the United
1080	States Postal Service through its licensees is used to identify
1081	registered voters whose addresses might have changed;
1082	(b)  Change-of-address information is identified from
1083	returned nonforwardable return-if-undeliverable mail sent to all
1084	registered voters in the county; or
1085	(c)  Change-of-address information is identified from
1086	returned nonforwardable return-if-undeliverable address
1087	confirmation requests mailed to all registered voters who have
1088	not voted in the last 2 years and who did not make a written
1089	request that their registration records be updated during that
1090	time.
1091	(3)  A registration list maintenance program must be
1092	conducted by each supervisor, at a minimum, in each odd-numbered
1093	year and must be completed not later than 90 days prior to the
1094	date of any federal election. All list maintenance actions
1095	associated with each voter must be entered, tracked, and
1096	maintained in the statewide voter registration system.
1097	(4)(a)  If the supervisor receives change-of-address
1098	information pursuant to the activities conducted in subsection
1099	(2), from jury notices signed by the voter and returned to the
1100	courts, from the Department of Highway Safety and Motor
1101	Vehicles, or from other sources, which information indicates
1102	that the legal address of a registered voter might have changed,
1103	the supervisor shall send by forwardable return-if-undeliverable
1104	mail an address confirmation notice to the address at which the
1105	voter was last registered. A supervisor may also send an address
1106	confirmation notice to any voter who the supervisor has reason
1107	to believe has moved from his or her legal residence.
1108	(b)  The address confirmation notice shall contain a
1109	postage prepaid preaddressed return form on which:
1110	1.  If the voter has changed his or her address of legal
1111	residence to a location outside the state, the voter shall mark
1112	that the voter's legal residence has changed to a location
1113	outside the state. The form shall also include information on
1114	how to register in the new state in order to be eligible to
1115	vote. The form must be returned within 30 days after the date of
1116	the notice. The completed form shall constitute a request to be
1117	removed from the statewide voter registration system.
1118	2.  If the voter has changed his or her address of legal
1119	residence to a location inside the state, the voter shall set
1120	forth the updated or corrected address and submit the return
1121	form within 30 days after the date of the notice. The completed
1122	form shall constitute a request to update the statewide voter
1123	registration system with the updated or corrected address
1124	information.
1125	3.  If the voter has not changed his or her address of
1126	legal residence as printed on the address confirmation notice,
1127	the voter shall confirm that his or her address of legal
1128	residence has not changed and submit the form within 30 days
1129	after the date of the notice.
1130	(c)  The supervisor must designate as inactive all voters
1131	who have been sent an address confirmation notice and who have
1132	not returned the postage prepaid preaddressed return form within
1133	30 days or for which an address confirmation notice has been
1134	returned as undeliverable. Names on the inactive list may not be
1135	used to calculate the number of signatures needed on any
1136	petition. A voter on the inactive list may be restored to the
1137	active list of voters upon the voter updating his or her
1138	registration, requesting an absentee ballot, or appearing to
1139	vote. However, if the voter does not update his or her voter
1140	registration information, request an absentee ballot, or vote by
1141	the second general election after being placed on the inactive
1142	list, the voter's name shall be removed from the statewide voter
1143	registration system and the voter shall be required to
1144	reregister to have his or her name restored to the statewide
1145	voter registration system.
1146	(5)  A notice may not be issued pursuant to this section
1147	and a voter's name may not be removed from the statewide voter
1148	registration system later than 90 days prior to the date of a
1149	federal election. However, this section does not preclude the
1150	removal of the name of a voter from the statewide voter
1151	registration system at any time upon the voter's written
1152	request, by reason of the voter's death, or upon a determination
1153	of the voter's ineligibility as provided in s. 98.075(7).
1154	(6)(a)  No later than July 31 and January 31 of each year,
1155	the supervisor must certify to the department the list
1156	maintenance activities conducted during the first 6 months and
1157	the second 6 months of the year, respectively, including the
1158	number of address confirmation requests sent, the number of
1159	voters designated as inactive, and the number of voters removed
1160	from the statewide voter registration system.
1161	(b)  If, based on the certification provided pursuant to
1162	paragraph (a), the department determines that a supervisor has
1163	not conducted the list maintenance activities required by this
1164	section, the department shall conduct the appropriate list
1165	maintenance activities for that county. Failure to conduct list
1166	maintenance activities as required in this section constitutes a
1167	violation of s. 104.051. A voter's name may not be removed from
1168	the registration books later than 90 days prior to the date of a
1169	federal election. However, nothing in this section shall
1170	preclude the removal of the name of a voter from the voter
1171	registration books, at any time and without prior notification,
1172	upon the written request of the voter, by reason of conviction
1173	of the voter of a felony, by reason of adjudication of the voter
1174	as mentally incapacitated with respect to voting, by reason of
1175	the death of the voter, or upon a determination of ineligibility
1176	as provided in s. 98.075(3).
1177	(4)  If the supervisor receives change-of-address
1178	information from the United States Postal Service or its
1179	licensees or from jury notices signed by the voter and returned
1180	to the courts, which indicates that:
1181	(a)  The voter has moved within the supervisor's county,
1182	the supervisor must change the registration records to show the
1183	new address and must send the voter a notice of the change by
1184	forwardable mail, including a postage prepaid preaddressed
1185	return form with which the voter may verify or correct the
1186	address information.
1187	(b)  The voter has moved outside the supervisor's county,
1188	or contains no forwarding address, the supervisor shall send an
1189	address confirmation final notice and remove the name of the
1190	voter from the registration record if that voter did not:
1191	1.  Return the postage prepaid preaddressed return form;
1192	2.  Appear to vote;
1193	3.  Change the voter's registration; or
1194	4.  Request an absentee ballot
1195
1196	during the period beginning on the date when the address
1197	confirmation final notice was sent and ending on the day after
1198	the date of the second general election thereafter.
1199	(5)  The supervisor must designate as inactive all voters
1200	who have been sent an address confirmation final notice and who
1201	have not returned the postage prepaid preaddressed return form
1202	within 30 days. A voter on the inactive list must be allowed to
1203	vote and to change the voter's name or address of legal
1204	residence at the polls pursuant to s. 101.045. Names on the
1205	inactive list may not be used to calculate the number of
1206	signatures needed on any petition or the quantity of voting
1207	equipment needed.
1208	Section 20.  Section 98.075, Florida Statutes, is amended
1209	to read:
1210	(Substantial rewording of section. See
1211	s. 98.075, F.S., for present text.)
1212	98.075  Registration records maintenance activities;
1213	ineligibility determinations.--
1214	(1)  MAINTENANCE OF RECORDS.--The department shall protect
1215	the integrity of the electoral process by ensuring the
1216	maintenance of accurate and current voter registration records.
1217	List maintenance activities must be uniform, nondiscriminatory,
1218	and in compliance with the Voting Rights Act of 1965, the
1219	National Voter Registration Act of 1993, and the Help America
1220	Vote Act of 2002. The department may adopt by rule uniform
1221	standards and procedures to interpret and administer this
1222	section.
1223	(2)  DUPLICATE REGISTRATION.--The department shall identify
1224	those voters who are registered more than once or those
1225	applicants whose registration applications would result in
1226	duplicate registrations. The most recent application shall be
1227	deemed an update to the voter registration record.
1228	(3)  DECEASED PERSONS.--The department shall identify those
1229	registered voters who are deceased by comparing information on
1230	the lists of deceased persons received from the Department of
1231	Health as provided in s. 98.093. Upon receipt of such
1232	information through the statewide voter registration system, the
1233	supervisor shall remove the name of the registered voter.
1234	(4)  ADJUDICATION OF MENTAL INCAPACITY.--The department
1235	shall identify those registered voters who have been adjudicated
1236	mentally incapacitated with respect to voting and who have not
1237	had their voting rights restored by comparing information
1238	received from the clerk of the circuit court as provided in s.
1239	98.093. The department shall review such information and make an
1240	initial determination as to whether the information is credible
1241	and reliable. If the department determines that the information
1242	is credible and reliable, the department shall notify the
1243	supervisor and provide a copy of the supporting documentation
1244	indicating the potential ineligibility of the voter to be
1245	registered. Upon receipt of the notice that the department has
1246	made a determination of initial credibility and reliability, the
1247	supervisor shall adhere to the procedures set forth in
1248	subsection (7) prior to the removal of a registered voter from
1249	the statewide voter registration system.
1250	(5)  FELONY CONVICTION.--The department shall identify
1251	those registered voters who have been convicted of a felony and
1252	whose rights have not been restored by comparing information
1253	received from, but not limited to, a clerk of the circuit court,
1254	the Board of Executive Clemency, the Department of Corrections,
1255	the Department of Law Enforcement, or a United States Attorney's
1256	Office, as provided in s. 98.093. The department shall review
1257	such information and make an initial determination as to whether
1258	the information is credible and reliable. If the department
1259	determines that the information is credible and reliable, the
1260	department shall notify the supervisor and provide a copy of the
1261	supporting documentation indicating the potential ineligibility
1262	of the voter to be registered. Upon receipt of the notice that
1263	the department has made a determination of initial credibility
1264	and reliability, the supervisor shall adhere to the procedures
1265	set forth in subsection (7) prior to the removal of a registered
1266	voter's name from the statewide voter registration system.
1267	(6)  OTHER BASES FOR INELIGIBILITY.--If the department or
1268	supervisor receives information other than from the sources
1269	identified in subsections (2)-(5) that a registered voter does
1270	not meet the age requirement pursuant to s. 97.041, is not a
1271	United States citizen, is a fictitious person, or has listed a
1272	residence that is not his or her legal residence, the supervisor
1273	shall adhere to the procedures set forth in subsection (7) prior
1274	to the removal of a registered voter's name from the statewide
1275	voter registration system.
1276	(7)  PROCEDURES FOR REMOVAL.--
1277	(a)  If the supervisor receives notice or information
1278	pursuant to subsections (4)-(6), the supervisor of the county in
1279	which the voter is registered shall:
1280	1.  Notify the registered voter of his or her potential
1281	ineligibility by mail within 7 days after receipt of notice or
1282	information. The notice shall include:
1283	a.  A statement of the basis for the registered voter's
1284	potential ineligibility and a copy of any documentation upon
1285	which the potential ineligibility is based.
1286	b.  A statement that failure to respond within 30 days
1287	after receipt of the notice may result in a determination of
1288	ineligibility and in removal of the registered voter's name from
1289	the statewide voter registration system.
1290	c.  A return form that requires the registered voter to
1291	admit or deny the accuracy of the information underlying the
1292	potential ineligibility for purposes of a final determination by
1293	the supervisor.
1294	d.  A statement that, if the voter is denying the accuracy
1295	of the information underlying the potential ineligibility, the
1296	voter has a right to request a hearing for the purpose of
1297	determining eligibility.
1298	e.  Instructions for the registered voter to contact the
1299	supervisor of elections of the county in which the voter is
1300	registered if assistance is needed in resolving the matter.
1301	f.  Instructions for seeking restoration of civil rights
1302	following a felony conviction, if applicable.
1303	2.  If the mailed notice is returned as undeliverable, the
1304	supervisor shall publish notice once in a newspaper of general
1305	circulation in the county in which the voter was last
1306	registered. The notice shall contain the following:
1307	a.  The voter's name and address.
1308	b.  A statement that the voter is potentially ineligible to
1309	be registered to vote.
1310	c.  A statement that failure to respond within 30 days
1311	after the notice is published may result in a determination of
1312	ineligibility by the supervisor and removal of the registered
1313	voter's name from the statewide voter registration system.
1314	d.  An instruction for the voter to contact the supervisor
1315	no later than 30 days after the date of the published notice to
1316	receive information regarding the basis for the potential
1317	ineligibility and the procedure to resolve the matter.
1318	e.  An instruction to the voter that, if further assistance
1319	is needed, the voter should contact the supervisor of elections
1320	of the county in which the voter is registered.
1321	3.  If a registered voter fails to respond to a notice
1322	pursuant to subparagraph 1. or subparagraph 2., the supervisor
1323	shall make a final determination of the voter's eligibility. If
1324	the supervisor determines that the voter is ineligible, the
1325	supervisor shall remove the name of the registered voter from
1326	the statewide voter registration system. The supervisor shall
1327	notify the registered voter of the supervisor's determination
1328	and action.
1329	4.  If a registered voter responds to the notice pursuant
1330	to subparagraph 1. or subparagraph 2. and admits the accuracy of
1331	the information underlying the potential ineligibility, the
1332	supervisor shall make a final determination of ineligibility and
1333	shall remove the voter's name from the statewide voter
1334	registration system. The supervisor shall notify the registered
1335	voter of the supervisor's determination and action.
1336	5.  If a registered voter responds to the notice issued
1337	pursuant to subparagraph 1. or subparagraph 2. and denies the
1338	accuracy of the information underlying the potential
1339	ineligibility but does not request a hearing, the supervisor
1340	shall review the evidence and make a final determination of
1341	eligibility. If such registered voter requests a hearing, the
1342	supervisor shall send notice to the registered voter to attend a
1343	hearing at a time and place specified in the notice. Upon
1344	hearing all evidence presented at the hearing, the supervisor
1345	shall make a determination of eligibility. If the supervisor
1346	determines that the registered voter is ineligible, the
1347	supervisor shall remove the voter's name from the statewide
1348	voter registration system and notify the registered voter of the
1349	supervisor's determination and action.
1350	(b)  The following shall apply to this subsection:
1351	1.  All determinations of eligibility shall be based on a
1352	preponderance of the evidence.
1353	2.  All proceedings are exempt from the provisions of
1354	chapter 120.
1355	3.  Any notice shall be sent to the registered voter by
1356	certified mail, return receipt requested, or other means that
1357	provides a verification of receipt or shall be published in a
1358	newspaper of general circulation where the voter was last
1359	registered, whichever is applicable.
1360	4.  The supervisor shall remove the name of any registered
1361	voter from the statewide voter registration system only after
1362	the supervisor makes a final determination that the voter is
1363	ineligible to vote.
1364	5.  Any voter whose name has been removed from the
1365	statewide voter registration system pursuant to a determination
1366	of ineligibility may appeal that determination under the
1367	provisions of s. 98.0755.
1368	6.  Any voter whose name was removed from the statewide
1369	voter registration system on the basis of a determination of
1370	ineligibility who subsequently becomes eligible to vote must
1371	reregister in order to have his or her name restored to the
1372	statewide voter registration system.
1373	(8)  CERTIFICATION.--
1374	(a)  No later than July 31 and January 31 of each year, the
1375	supervisor shall certify to the department the activities
1376	conducted pursuant to this section during the first 6 months and
1377	the second 6 months of the year, respectively. The certification
1378	shall include the number of persons to whom notices were sent
1379	pursuant to subsection (7), the number of persons who responded
1380	to the notices, the number of notices returned as undeliverable,
1381	the number of notices published in the newspaper, the number of
1382	hearings conducted, and the number of persons removed from the
1383	statewide voter registration systems and the reasons for such
1384	removals.
1385	(b)  If, based on the certification provided pursuant to
1386	paragraph (a), the department determines that a supervisor has
1387	not satisfied the requirements of this section, the department
1388	shall satisfy the appropriate requirements for that county.
1389	Failure to satisfy the requirements of this section shall
1390	constitute a violation of s. 104.051.
1391	Section 21.  Section 98.0755, Florida Statutes, is created
1392	to read:
1393	98.0755  Appeal of determination of ineligibility.--Appeal
1394	of the supervisor's determination of ineligibility pursuant to
1395	s. 98.075(7) may be taken to the circuit court in and for the
1396	county where the person was registered. Notice of appeal must be
1397	filed within the time and in the manner provided by the Florida
1398	Rules of Appellate Procedure and acts as supersedeas. Trial in
1399	the circuit court is de novo and governed by the rules of that
1400	court. Unless the person can show that his or her name was
1401	erroneously or illegally removed from the statewide voter
1402	registration system, or that he or she is indigent, the person
1403	must bear the costs of the trial in the circuit court.
1404	Otherwise, the cost of the appeal must be paid by the supervisor
1405	of elections.
1406	Section 22.  Section 98.077, Florida Statutes, is amended
1407	to read:
1408	98.077  Update of voter signature.--
1409	(1)  A registered voter may update his or her signature on
1410	file in the statewide voter registration system at any time
1411	using a voter registration application submitted to a voter
1412	registration official.
1413	(2)  The department and supervisors supervisor of elections
1414	shall include in any correspondence, other than postcard
1415	notifications and notices relating to eligibility, sent to a
1416	provide to each registered voter information regarding of the
1417	county the opportunity to update his or her signature on file at
1418	the supervisor's office by providing notification of the ability
1419	to do so in any correspondence, other than postcard
1420	notifications, sent to the voter. The notice shall advise when,
1421	where, and how to update the voter's signature and shall provide
1422	the voter information on how to obtain a voter registration
1423	application form from a voter registration official the
1424	supervisor that can be returned to update the signature.
1425	(3)  In addition, At least once during each general
1426	election year, the supervisor shall publish in a newspaper of
1427	general circulation or other newspaper in the county deemed
1428	appropriate by the supervisor a notice specifying when, where,
1429	or how a voter can update his or her signature that is on file
1430	and or how a voter can obtain a voter registration application
1431	form from a voter registration official the supervisor to do so.
1432	(4)  All signature updates for use in verifying absentee
1433	and provisional ballots must be received by the appropriate
1434	supervisor of elections no later than the start of the
1435	canvassing of absentee ballots by the canvassing board. The
1436	signature on file at the start of the canvass of the absentees
1437	is the signature that shall be used in verifying the signature
1438	on the absentee and provisional ballot certificates.
1439	Section 23.  Section 98.081, Florida Statutes, is amended
1440	to read:
1441	98.081  Names removed from the statewide voter registration
1442	system books; restrictions on reregistering; recordkeeping;
1443	restoration of erroneously or illegally removed names.--
1444	(1)  Any person who requested that his or her name be
1445	removed from the statewide voter registration system books
1446	between the book-closing date of the first primary and the date
1447	of the second primary may not register in a different political
1448	party until after the date of the second primary election.
1449	(2)  When the name of any elector is removed from the
1450	statewide voter registration system books pursuant to s. 98.065
1451	or, s. 98.075, or s. 98.093, the elector's original registration
1452	application form shall be retained by the supervisor of
1453	elections having custody of the application filed alphabetically
1454	in the office of the supervisor. As alternatives, registrations
1455	removed from the statewide voter registration system books may
1456	be microfilmed and such microfilms substituted for the original
1457	registration applications forms; or, when voter registration
1458	information, including the voter's signature, is maintained
1459	digitally or on electronic, magnetic, or optic media, such
1460	stored information may be substituted for the original
1461	registration application form. Such microfilms or stored
1462	information shall be retained by the supervisor of elections
1463	having in the custody of the supervisor. In the event the
1464	original registration applications forms are microfilmed or
1465	maintained digitally or on electronic or other media, such
1466	originals may be destroyed in accordance with the schedule
1467	approved by the Bureau of Archives and Records Management of the
1468	Division of Library and Information Services of the department.
1469	(3)  When the name of any elector has been erroneously or
1470	illegally removed from the statewide voter registration system
1471	books, the name of the elector shall be restored by a voter
1472	registration official the supervisor upon satisfactory proof,
1473	even though the registration period for that election is closed.
1474	Section 24.  Section 98.093, Florida Statutes, is amended
1475	to read:
1476	98.093  Duty of officials to furnish lists of deceased
1477	persons, persons adjudicated mentally incapacitated, and persons
1478	convicted of a felony.--
1479	(1)  In order to ensure the maintenance of accurate and
1480	current voter registration records, it is necessary for the
1481	department to receive certain information from state and federal
1482	officials and entities. The department and supervisors of
1483	elections shall use the information provided from the sources in
1484	subsection (2) to maintain the voter registration records.
1485	(2)  To the maximum extent feasible, state and local
1486	government agencies shall facilitate provision of information
1487	and access to data to the department, including, but not limited
1488	to, databases that contain reliable criminal records and records
1489	of deceased persons. State and local government agencies that
1490	provide such data shall do so without charge if the direct cost
1491	incurred by those agencies is not significant.
1492	(a)  The Department of Health shall furnish monthly to the
1493	department each supervisor of elections a list containing the
1494	name, address, date of birth, date of death, social security
1495	number, race, and sex of each deceased person 17 years of age or
1496	older who was a resident of such supervisor's county.
1497	(b)(2)  Each clerk of the circuit court shall furnish
1498	monthly to the department, at least once each month, deliver to
1499	each supervisor of elections a list of those persons who have
1500	been adjudicated mentally incapacitated with respect to voting
1501	during the preceding calendar month, a list of those persons
1502	whose mental capacity with respect to voting has been restored
1503	during the preceding calendar month, and a list of those persons
1504	who have returned signed jury notices during the preceding
1505	months to the clerk of the circuit court indicating a change of
1506	address. Each list shall include stating the name, address, date
1507	of birth, race, and sex, and, whichever is available, the
1508	Florida driver's license number, Florida identification card
1509	number, or social security number of each such person convicted
1510	of a felony during the preceding calendar month who was a
1511	resident of that supervisor's county, a list stating the name,
1512	address, date of birth, race, and sex of each person adjudicated
1513	mentally incapacitated with respect to voting during the
1514	preceding calendar month who was a resident of that supervisor's
1515	county, and a list stating the name, address, date of birth,
1516	race, and sex of each person whose mental capacity with respect
1517	to voting has been restored who was a resident of that
1518	supervisor's county.
1519	(c)(3)  Upon receipt of information from the United States
1520	Attorney, listing persons convicted of a felony in federal
1521	court, the department shall use such information to identify
1522	registered voters or applicants for voter registration who may
1523	be potentially ineligible based on information provided in
1524	accordance with s. 98.075 immediately forward such information
1525	to the supervisor of elections for the county where the offender
1526	resides.
1527	(d)  From voter registration records provided from the
1528	statewide voter registration system, the Department of Law
1529	Enforcement shall identify, in a time and manner that enables
1530	the department to meet its obligations under state and federal
1531	law, those persons who have been convicted of a felony.
1532	(e)  The Board of Executive Clemency shall furnish monthly
1533	to the department a list of those persons granted clemency in
1534	the preceding month or any updates to prior records that have
1535	occurred in the preceding month. The list shall contain the
1536	Board of Executive Clemency case number, name, address, date of
1537	birth, race, sex, social security number, if available, and
1538	references to record identifiers assigned by the Department of
1539	Corrections, a unique identifier of each clemency case, and the
1540	effective date of clemency of each person.
1541	(f)  The Department of Corrections shall furnish monthly to
1542	the department a list of those persons transferred to the
1543	Department of Corrections in the preceding month or any updates
1544	to prior records that have occurred in the preceding month. The
1545	list shall contain the name, address, date of birth, race, sex,
1546	social security number, Department of Corrections record
1547	identification number, and associated Department of Law
1548	Enforcement felony conviction record number of each person.
1549	(g)  The Department of Highway Safety and Motor Vehicles
1550	shall furnish monthly to the department a list of those persons
1551	whose names have been removed from the driver's license database
1552	because they have been licensed in another state. The list shall
1553	contain the name, address, date of birth, sex, social security
1554	number, and driver's license number of each such person.
1555	(4)  Upon receipt of any such list, the supervisor shall
1556	remove from the registration books the name of any person listed
1557	who is deceased, convicted of a felony, or adjudicated mentally
1558	incapacitated with respect to voting. A person who has had his
1559	or her mental capacity with respect to voting restored or who
1560	has had his or her right to vote restored after conviction of a
1561	felony shall be required to reregister to have his or her name
1562	restored to the registration books.
1563	(3)(5)  Nothing in this section shall limit or restrict the
1564	supervisor in his or her duty to remove the names of such
1565	persons from the statewide voter registration system pursuant to
1566	s. 98.075(7) based upon books after verification of information
1567	received from other sources.
1568	Section 25.  Effective August 1, 2006, section 98.0981,
1569	Florida Statutes, is created to read:
1570	98.0981  Statewide voter registration database.--The
1571	department shall send to the Legislature in electronic format a
1572	file containing all voters qualified to vote in an election. The
1573	file shall contain a unique identifier of the voter; the
1574	information requested in the uniform statewide voter
1575	registration application pursuant to s. 97.052(2), except for
1576	such information that is by statute specifically identified as
1577	confidential or exempt from public records requirements; the
1578	date of registration; the representative district, senatorial
1579	district, congressional district, and precinct in which the
1580	voter resides; and whether the voter voted at the poll, by
1581	absentee ballot, or by early vote at a designated location, or
1582	whether the voter did not vote. If a person voted by absentee
1583	ballot and the ballot was not counted, the file shall contain
1584	the reason, where possible, that the ballot was not counted.
1585	This file shall be delivered within 60 days after an election to
1586	the Legislature.
1587	Section 26.  Section 98.212, Florida Statutes, is amended
1588	to read:
1589	98.212  Department and supervisors to furnish statistical
1590	and other information.--
1591	(1)(a)  Upon written request, the department and any
1592	supervisor of the respective counties supervisors shall, as
1593	promptly as possible, furnish to recognized public or private
1594	universities and senior colleges within the state, to state or
1595	county governmental agencies, and to recognized political party
1596	committees statistical information for the purpose of analyzing
1597	election returns and results.
1598	(b)  The department and any supervisor Supervisors may
1599	require reimbursement for any part or all of the actual expenses
1600	of supplying any information requested under paragraph (a). For
1601	the purposes of this subsection, the department and supervisors
1602	may use the services of any research and statistical personnel
1603	that may be supplied.
1604	(c)  Lists of names submitted to the department and any
1605	supervisor of the respective counties supervisors for indication
1606	of registration or nonregistration or of party affiliation shall
1607	be processed at any time at cost, except that in no case shall
1608	the charge exceed 10 cents for each name on which the
1609	information is furnished.
1610	(2)  The supervisors shall provide information as requested
1611	by the department for program evaluation and reporting to the
1612	Federal Election Assistance Commission pursuant to federal law
1613	the National Voter Registration Act of 1993.
1614	Section 27.  Section 98.461, Florida Statutes, is amended
1615	to read:
1616	98.461  Registration application form, precinct register;
1617	contents.--
1618	(1)  A registration application form, approved by the
1619	Department of State, containing the information required in s.
1620	97.052 shall be retained by the supervisor of elections of the
1621	county of the applicant's registration filed alphabetically in
1622	the office of the supervisor as the master list of electors of
1623	the county. However, the registration application forms may be
1624	microfilmed and such microfilm microfilms substituted for the
1625	original registration application forms; or, when voter
1626	registration information, including the voter's signature, is
1627	maintained digitally or on electronic, magnetic, or optic media,
1628	such stored information may be substituted for the original
1629	registration application form. Such microfilms or stored
1630	information shall be retained in the custody of the supervisor
1631	of elections of the county of the applicant's registration. In
1632	the event the original registration applications forms are
1633	microfilmed or maintained digitally or on electronic or other
1634	media, such originals may be destroyed in accordance with the
1635	schedule approved by the Bureau of Archives and Records
1636	Management of the Division of Library and Information Services
1637	of the Department of State. As an alternative, the information
1638	from the registration form, including the signature, may be
1639	electronically reproduced and stored as provided in s. 98.451.
1640	(2)  A computer printout or electronic database shall be
1641	used at the polls as a precinct register in lieu of the
1642	registration books. The precinct register shall contain the date
1643	of the election, the precinct number, and the following
1644	information concerning each registered elector: last name, first
1645	name, and middle name or initial, and suffix; party affiliation;
1646	residence address; registration number; date of birth; sex, if
1647	provided; race, if provided; whether the voter needs assistance
1648	in voting; and such other additional information as to readily
1649	identify the elector. The precinct register shall also contain a
1650	space for the elector's signature and a space for the initials
1651	of the witnessing clerk or inspector or an electronic device may
1652	be provided for this purpose.
1653	Section 28.  Effective January 1, 2007, section 100.371,
1654	Florida Statutes, as amended by section 9 of chapter 2002-281,
1655	Laws of Florida, is amended to read:
1656	100.371  Initiatives; procedure for placement on ballot.--
1657	(1)  Constitutional amendments proposed by initiative shall
1658	be placed on the ballot for the general election provided the
1659	initiative has been filed with occurring in excess of 90 days
1660	from the certification of ballot position by the Secretary of
1661	State no later than February 1 of the year the general election
1662	is held. A petition shall be deemed to be filed with the
1663	Secretary of State upon the date the secretary determines that
1664	the petition has been signed by the constitutionally required
1665	number of electors.
1666	(2)  Such certification shall be issued when the Secretary
1667	of State has received verification certificates from the
1668	supervisors of elections indicating that the requisite number
1669	and distribution of valid signatures of electors have been
1670	submitted to and verified by the supervisors. Every signature
1671	shall be dated when made and shall be valid for a period of 4
1672	years following such date, provided all other requirements of
1673	law are complied with.
1674	(2)(3)  The sponsor of an initiative amendment shall, prior
1675	to obtaining any signatures, register as a political committee
1676	pursuant to s. 106.03 and submit the text of the proposed
1677	amendment to the Secretary of State, with the form on which the
1678	signatures will be affixed, and shall obtain the approval of the
1679	Secretary of State of such form. The Secretary of State shall
1680	adopt rules pursuant to s. 120.54 prescribing the style and
1681	requirements of such form. Upon filing with the Secretary of
1682	State, the text of the proposed amendment and all forms filed in
1683	connection with this section must, upon request, be made
1684	available in alternative formats.
1685	(3)(4)  Each signature shall be dated when made and shall
1686	be valid for a period of 4 years following such date, provided
1687	all other requirements of law are met. The sponsor shall submit
1688	signed and dated forms to the appropriate supervisor of
1689	elections for verification as to the number of registered
1690	electors whose valid signatures appear thereon. The supervisor
1691	shall promptly verify the signatures upon payment of the fee
1692	required by s. 99.097. The supervisor shall promptly record each
1693	valid signature in the statewide voter registration system in
1694	the manner prescribed by the Secretary of State. The supervisor
1695	shall, upon request, advise the sponsor of an initiative of the
1696	number of signatures verified and recorded in the statewide
1697	voter registration system. Upon completion of verification, the
1698	supervisor shall execute a certificate indicating the total
1699	number of signatures checked, the number of signatures verified
1700	as valid and as being of registered electors, and the
1701	distribution by congressional district. This certificate shall
1702	be immediately transmitted to the Secretary of State. The
1703	supervisor shall retain the signature forms for at least 1 year
1704	following the election in which the issue appeared on the ballot
1705	or until the Division of Elections notifies the supervisors of
1706	elections that the committee which circulated the petition is no
1707	longer seeking to obtain ballot position.
1708	(4)(5)  The Secretary of State shall determine from the
1709	signatures verified by the verification certificates received
1710	from supervisors of elections and recorded in the statewide
1711	voter registration system the total number of verified valid
1712	signatures and the distribution of such signatures by
1713	congressional districts. Upon a determination that the requisite
1714	number and distribution of valid signatures have been obtained,
1715	the secretary shall issue a certificate of ballot position for
1716	that proposed amendment and shall assign a designating number
1717	pursuant to s. 101.161. A petition shall be deemed to be filed
1718	with the Secretary of State upon the date of the receipt by the
1719	secretary of a certificate or certificates from supervisors of
1720	elections indicating the petition has been signed by the
1721	constitutionally required number of electors.
1722	(5)(6)(a)  Within 45 days after receipt of a proposed
1723	revision or amendment to the State Constitution by initiative
1724	petition from the Secretary of State or, within 30 days after
1725	such receipt if receipt occurs 120 days or less before the
1726	election at which the question of ratifying the amendment will
1727	be presented, the Financial Impact Estimating Conference shall
1728	complete an analysis and financial impact statement to be placed
1729	on the ballot of the estimated increase or decrease in any
1730	revenues or costs to state or local governments resulting from
1731	the proposed initiative. The Financial Impact Estimating
1732	Conference shall submit the financial impact statement to the
1733	Attorney General and Secretary of State.
1734	(b)1.  The Financial Impact Estimating Conference shall
1735	provide an opportunity for any proponents or opponents of the
1736	initiative to submit information and may solicit information or
1737	analysis from any other entities or agencies, including the
1738	Office of Economic and Demographic Research. All meetings of the
1739	Financial Impact Estimating Conference shall be open to the
1740	public as provided in chapter 286.
1741	2.  The Financial Impact Estimating Conference is
1742	established to review, analyze, and estimate the financial
1743	impact of amendments to or revisions of the State Constitution
1744	proposed by initiative. The Financial Impact Estimating
1745	Conference shall consist of four principals: one person from the
1746	Executive Office of the Governor; the coordinator of the Office
1747	of Economic and Demographic Research, or his or her designee;
1748	one person from the professional staff of the Senate; and one
1749	person from the professional staff of the House of
1750	Representatives. Each principal shall have appropriate fiscal
1751	expertise in the subject matter of the initiative. A Financial
1752	Impact Estimating Conference may be appointed for each
1753	initiative.
1754	3.  Principals of the Financial Impact Estimating
1755	Conference shall reach a consensus or majority concurrence on a
1756	clear and unambiguous financial impact statement, no more than
1757	75 words in length, and immediately submit the statement to the
1758	Attorney General. Nothing in this subsection prohibits the
1759	Financial Impact Estimating Conference from setting forth a
1760	range of potential impacts in the financial impact statement.
1761	Any financial impact statement that a court finds not to be in
1762	accordance with this section shall be remanded solely to the
1763	Financial Impact Estimating Conference for redrafting. The
1764	Financial Impact Estimating Conference shall redraft the
1765	financial impact statement within 15 days.
1766	4.  If the members of the Financial Impact Estimating
1767	Conference are unable to agree on the statement required by this
1768	subsection, or if the Supreme Court has rejected the initial
1769	submission by the Financial Impact Estimating Conference and no
1770	redraft has been approved by the Supreme Court by 5 p.m. on the
1771	75th day before the election, the following statement shall
1772	appear on the ballot pursuant to s. 101.161(1): "The financial
1773	impact of this measure, if any, cannot be reasonably determined
1774	at this time."
1775	(c)  The financial impact statement must be separately
1776	contained and be set forth after the ballot summary as required
1777	in s. 101.161(1).
1778	(d)1.  Any financial impact statement that the Supreme
1779	Court finds not to be in accordance with this subsection shall
1780	be remanded solely to the Financial Impact Estimating Conference
1781	for redrafting, provided the court's advisory opinion is
1782	rendered at least 75 days before the election at which the
1783	question of ratifying the amendment will be presented. The
1784	Financial Impact Estimating Conference shall prepare and adopt a
1785	revised financial impact statement no later than 5 p.m. on the
1786	15th day after the date of the court's opinion.
1787	2.  If, by 5 p.m. on the 75th day before the election, the
1788	Supreme Court has not issued an advisory opinion on the initial
1789	financial impact statement prepared by the Financial Impact
1790	Estimating Conference for an initiative amendment that otherwise
1791	meets the legal requirements for ballot placement, the financial
1792	impact statement shall be deemed approved for placement on the
1793	ballot.
1794	3.  In addition to the financial impact statement required
1795	by this subsection, the Financial Impact Estimating Conference
1796	shall draft an initiative financial information statement. The
1797	initiative financial information statement should describe in
1798	greater detail than the financial impact statement any projected
1799	increase or decrease in revenues or costs that the state or
1800	local governments would likely experience if the ballot measure
1801	were approved. If appropriate, the initiative financial
1802	information statement may include both estimated dollar amounts
1803	and a description placing the estimated dollar amounts into
1804	context. The initiative financial information statement must
1805	include both a summary of not more than 500 words and additional
1806	detailed information that includes the assumptions that were
1807	made to develop the financial impacts, workpapers, and any other
1808	information deemed relevant by the Financial Impact Estimating
1809	Conference.
1810	4.  The Department of State shall have printed, and shall
1811	furnish to each supervisor of elections, a copy of the summary
1812	from the initiative financial information statements. The
1813	supervisors shall have the summary from the initiative financial
1814	information statements available at each polling place and at
1815	the main office of the supervisor of elections upon request.
1816	5.  The Secretary of State and the Office of Economic and
1817	Demographic Research shall make available on the Internet each
1818	initiative financial information statement in its entirety. In
1819	addition, each supervisor of elections whose office has a
1820	website shall post the summary from each initiative financial
1821	information statement on the website. Each supervisor shall
1822	include the Internet addresses for the information statements on
1823	the Secretary of State's and the Office of Economic and
1824	Demographic Research's websites in the publication or mailing
1825	required by s. 101.20.
1826	(6)(7)  The Department of State may adopt rules in
1827	accordance with s. 120.54 to carry out the provisions of
1828	subsections (1)-(5)(6).
1829	Section 29.  Subsection (3) of section 101.001, Florida
1830	Statutes, is amended to read:
1831	101.001  Precincts and polling places; boundaries.--
1832	(3)(a)  Each supervisor of elections shall maintain a
1833	suitable map drawn to a scale no smaller than 3 miles to the
1834	inch and clearly delineating all major observable features such
1835	as roads, streams, and railway lines and showing the current
1836	geographical boundaries of each precinct, representative
1837	district, and senatorial district, and other type of district in
1838	the county subject to the elections process in this code.
1839	(b)  The supervisor of elections shall notify the Secretary
1840	of State in writing within 30 days after of any reorganization
1841	of precincts and shall furnish a copy of the map showing the
1842	current geographical boundaries and designation of each new
1843	precinct. However, if precincts are composed of whole census
1844	blocks, the supervisor may furnish, in lieu of a copy of the
1845	map, a list, in an electronic format prescribed by the
1846	Department of State, associating each census block in the county
1847	with its precinct.
1848	(c)  Any precinct established or altered under the
1849	provisions of this section shall consist of areas bounded on all
1850	sides only by:
1851	1.  Visible features that are readily distinguishable upon
1852	the ground, such as streets, railroad tracks, streams, and
1853	lakes, and that are indicated upon current census maps, official
1854	Department of Transportation maps, official municipal maps,
1855	official county maps, or a combination of such maps;
1856	2.  The boundaries of public parks, public school grounds,
1857	or churches; or
1858	3.  The boundaries of counties and incorporated
1859	municipalities.
1860	(d)  Until July 1, 2012, a supervisor may apply for and
1861	obtain from the Secretary of State a waiver of the requirement
1862	in paragraph (c).
1863	Section 30.  Subsections (1) and (3) of section 101.043,
1864	Florida Statutes, are amended to read:
1865	101.043  Identification required at polls.--
1866	(1)  The precinct register, as prescribed in s. 98.461,
1867	shall be used at the polls in lieu of the registration books for
1868	the purpose of identifying the elector at the polls prior to
1869	allowing him or her to vote. The clerk or inspector shall
1870	require each elector, upon entering the polling place, to
1871	present one of the following a current and valid picture
1872	identifications:
1873	(a)  Florida driver's license.
1874	(b)  Florida identification card issued by the Department
1875	of Highway Safety and Motor Vehicles.
1876	(c)  United States passport.
1877	(d)  Employee badge or identification.
1878	(e)  Buyer's club identification.
1879	(f)  Debit or credit card.
1880	(g)  Military identification.
1881	(h)  Student identification.
1882	(i)  Retirement center identification.
1883	(j)  Neighborhood association identification.
1884	(k)  Public assistance identification as provided in s.
1885	97.0535(3)(a).
1886
1887	If the picture identification does not contain the signature of
1888	the voter, an additional identification that provides the
1889	voter's signature shall be required. The elector shall sign his
1890	or her name in the space provided on the precinct register or on
1891	an electronic device provided for recording the voter's
1892	signature., and The clerk or inspector shall compare the
1893	signature with that on the identification provided by the
1894	elector and enter his or her initials in the space provided on
1895	the precinct register or on an electronic device provided for
1896	that purpose and allow the elector to vote if the clerk or
1897	inspector is satisfied as to the identity of the elector.
1898	(3)  If the elector who fails to furnish the required
1899	identification is an elector subject to s. 97.0535 a first-time
1900	voter who registered by mail and has not provided the required
1901	identification to a voter registration official the supervisor
1902	of elections prior to election day, the elector shall be allowed
1903	to vote a provisional ballot. The canvassing board shall
1904	determine the validity of the ballot pursuant to s. 101.048(2).
1905	Section 31.  Subsections (2) and (3) of section 101.045,
1906	Florida Statutes, are amended to read:
1907	101.045  Electors must be registered in precinct;
1908	provisions for residence or name change.--
1909	(2)(a)  An elector who moves from the precinct within the
1910	county in which the elector is registered may be permitted to
1911	vote in the precinct to which he or she has moved his or her
1912	legal residence, provided such elector completes an affirmation
1913	in substantially the following form:
1914
1915	Change of Legal Residence of Registered
1916	Voter
1917
1918	Under penalties for false swearing, I,   (Name of voter)  ,
1919	swear (or affirm) that the former address of my legal residence
1920	was   (Address of legal residence)   in the municipality of
1921	_____, in _____ County, Florida, and I was registered to vote in
1922	the _____ precinct of _____ County, Florida; that I have not
1923	voted in the precinct of my former registration in this
1924	election; that I now reside at   (Address of legal residence)
1925	in the Municipality of _____, in _____ County, Florida, and am
1926	therefore eligible to vote in the _____ precinct of _____
1927	County, Florida; and I further swear (or affirm) that I am
1928	otherwise legally registered and entitled to vote.
1929
1930	(Signature of voter whose address of legal residence has
1931	changed)
1932
1933	(b)  An elector whose name changes because of marriage or
1934	other legal process may be permitted to vote, provided such
1935	elector completes an affirmation in substantially the following
1936	form:
1937
1938	Change of Name of Registered
1939	Voter
1940
1941	Under penalties for false swearing, I,   (New name of voter)  ,
1942	swear (or affirm) that my name has been changed because of
1943	marriage or other legal process. My former name and address of
1944	legal residence appear on the registration records books of
1945	precinct _____ as follows:
1946	Name
1947	Address
1948	Municipality
1949	County
1950	Florida, Zip
1951	My present name and address of legal residence are as follows:
1952	Name
1953	Address
1954	Municipality
1955	County
1956	Florida, Zip
1957	and I further swear (or affirm) that I am otherwise legally
1958	registered and entitled to vote.
1959
1960	(Signature of voter whose name has changed)
1961
1962	(c)  Such affirmation, when completed and presented at the
1963	precinct in which such elector is entitled to vote, and upon
1964	verification of the elector's registration, shall entitle such
1965	elector to vote as provided in this subsection. If the elector's
1966	eligibility to vote cannot be determined, he or she shall be
1967	entitled to vote a provisional ballot, subject to the
1968	requirements and procedures in s. 101.048. Upon receipt of an
1969	affirmation certifying a change in address of legal residence or
1970	name, the supervisor shall as soon as practicable make the
1971	necessary changes in the statewide voter registration system
1972	records of the county to indicate the change in address of legal
1973	residence or name of such elector.
1974	(d)  Instead of the affirmation contained in paragraph (a)
1975	or paragraph (b), an elector may complete a voter registration
1976	application that indicates the change of name or change of
1977	address of legal residence.
1978	(e)  A request for an absentee ballot pursuant to s. 101.62
1979	which indicates that the elector has had a change of address of
1980	legal residence from that in the supervisor's records shall be
1981	sufficient as the notice to the supervisor of change of address
1982	of legal residence required by this section. Upon receipt of
1983	such request for an absentee ballot from an elector who has
1984	changed his or her address of legal residence, the supervisor
1985	shall provide the elector with the proper ballot for the
1986	precinct in which the elector then has his or her legal
1987	residence.
1988	(3)  When an elector's name does not appear on the
1989	registration books of the election precinct in which the elector
1990	is registered, the elector may have his or her name restored if
1991	the supervisor is otherwise satisfied that the elector is
1992	validly registered, that the elector's name has been erroneously
1993	omitted from the books, and that the elector is entitled to have
1994	his or her name restored. The supervisor, if he or she is
1995	satisfied as to the elector's previous registration, shall allow
1996	such person to vote and shall thereafter issue a duplicate
1997	registration identification card.
1998	Section 32.  Subsection (1) of section 101.048, Florida
1999	Statutes, is amended to read:
2000	101.048  Provisional ballots.--
2001	(1)  At all elections, a voter claiming to be properly
2002	registered in the state county and eligible to vote at the
2003	precinct in the election, but whose eligibility cannot be
2004	determined, and other persons specified in the code shall be
2005	entitled to vote a provisional ballot. Once voted, the
2006	provisional ballot shall be placed in a secrecy envelope and
2007	thereafter sealed in a provisional ballot envelope. The
2008	provisional ballot shall be deposited in a ballot box. All
2009	provisional ballots shall remain sealed in their envelopes for
2010	return to the supervisor of elections. The department shall
2011	prescribe the form of the provisional ballot envelope.
2012	Section 33.  Effective January 1, 2007, subsection (1) of
2013	section 101.161, Florida Statutes, is amended to read:
2014	101.161  Referenda; ballots.--
2015	(1)  Whenever a constitutional amendment or other public
2016	measure is submitted to the vote of the people, the substance of
2017	such amendment or other public measure shall be printed in clear
2018	and unambiguous language on the ballot after the list of
2019	candidates, followed by the word "yes" and also by the word
2020	"no," and shall be styled in such a manner that a "yes" vote
2021	will indicate approval of the proposal and a "no" vote will
2022	indicate rejection. The wording of the substance of the
2023	amendment or other public measure and the ballot title to appear
2024	on the ballot shall be embodied in the joint resolution,
2025	constitutional revision commission proposal, constitutional
2026	convention proposal, taxation and budget reform commission
2027	proposal, or enabling resolution or ordinance. Except for
2028	amendments and ballot language proposed by joint resolution, the
2029	substance of the amendment or other public measure shall be an
2030	explanatory statement, not exceeding 75 words in length, of the
2031	chief purpose of the measure. In addition, for every amendment
2032	proposed by initiative, the ballot shall include, following the
2033	ballot summary, a separate financial impact statement concerning
2034	the measure prepared by the Financial Impact Estimating
2035	Conference in accordance with s. 100.371(5)(6). The ballot title
2036	shall consist of a caption, not exceeding 15 words in length, by
2037	which the measure is commonly referred to or spoken of.
2038	Section 34.  Subsection (2) of section 101.56062, Florida
2039	Statutes, as created by section 12 of chapter 2002-281, Laws of
2040	Florida, is amended to read:
2041	101.56062  Standards for accessible voting systems.--
2042	(2)  Such voting system must include at least one
2043	accessible voter interface device installed in each polling
2044	place precinct which meets the requirements of this section,
2045	except for paragraph (1)(d).
2046	Section 35.  Subsection (1) of section 101.5608, Florida
2047	Statutes, is amended to read:
2048	101.5608  Voting by electronic or electromechanical method;
2049	procedures.--
2050	(1)  Each elector desiring to vote shall be identified to
2051	the clerk or inspector of the election as a duly qualified
2052	elector of such election and shall sign his or her name on the
2053	in ink or indelible pencil to an identification blank, signature
2054	slip, precinct register, or other form or device provided by the
2055	supervisor ballot stub on which the ballot serial number may be
2056	recorded. The inspector shall compare the signature with the
2057	signature on the identification provided by the elector. If the
2058	inspector is reasonably sure that the person is entitled to
2059	vote, the inspector shall provide the person with a ballot.
2060	Section 36.  Effective August 1, 2006, section 101.573,
2061	Florida Statutes, is created to read:
2062	101.573  Record of votes by precinct.--
2063	(1)  Within 75 days after the date of a municipal election
2064	or runoff, whichever occurs later, a presidential preference
2065	primary, or a general election, the supervisor of elections
2066	shall file with the Department of State precinct-level election
2067	results for that election cycle, including any primary
2068	elections. Precinct-level election results shall record for each
2069	precinct the returns of ballots cast at the precinct location to
2070	which have been added the returns of absentee and early ballots
2071	cast by voters registered in the precinct.
2072	(2)  The Department of State shall adopt rules pursuant to
2073	ss. 120.536(1) and 120.54 prescribing the form by which
2074	supervisors of elections shall submit election results for each
2075	precinct.
2076	Section 37.  Effective January 1, 2007, paragraph (a) of
2077	subsection (4) of section 101.62, Florida Statutes, is amended
2078	to read:
2079	101.62  Request for absentee ballots.--
2080	(4)(a)  To each absent qualified elector overseas who has
2081	requested an absentee ballot, the supervisor of elections shall,
2082	not fewer than 35 days before the first primary election, mail
2083	an absentee ballot. Not fewer than 45 days before the second
2084	primary and general election, the supervisor of elections shall
2085	mail an advance absentee ballot to those persons requesting
2086	ballots for such elections. The advance absentee ballot for the
2087	second primary shall be the same as the first primary absentee
2088	ballot as to the names of candidates, except that for any
2089	offices where there are only two candidates, those offices and
2090	all political party executive committee offices shall be
2091	omitted. Except as provided in ss. 99.063(4) and 100.371(5)(6),
2092	the advance absentee ballot for the general election shall be as
2093	specified in s. 101.151, except that in the case of candidates
2094	of political parties where nominations were not made in the
2095	first primary, the names of the candidates placing first and
2096	second in the first primary election shall be printed on the
2097	advance absentee ballot. The advance absentee ballot or advance
2098	absentee ballot information booklet shall be of a different
2099	color for each election and also a different color from the
2100	absentee ballots for the first primary, second primary, and
2101	general election. The supervisor shall mail an advance absentee
2102	ballot for the second primary and general election to each
2103	qualified absent elector for whom a request is received until
2104	the absentee ballots are printed. The supervisor shall enclose
2105	with the advance second primary absentee ballot and advance
2106	general election absentee ballot an explanation stating that the
2107	absentee ballot for the election will be mailed as soon as it is
2108	printed; and, if both the advance absentee ballot and the
2109	absentee ballot for the election are returned in time to be
2110	counted, only the absentee ballot will be counted. The
2111	Department of State may prescribe by rule the requirements for
2112	preparing and mailing absentee ballots to absent qualified
2113	electors overseas.
2114	Section 38.  Subsection (3) is added to section 101.64,
2115	Florida Statutes, to read:
2116	101.64  Delivery of absentee ballots; envelopes; form.--
2117	(3)  The supervisor shall mark, code, indicate on, or
2118	otherwise track the precinct of the absent elector for each
2119	absentee ballot.
2120	Section 39.  Paragraph (a) of subsection (1) of section
2121	101.657, Florida Statutes, is amended to read:
2122	101.657  Early voting.--
2123	(1)(a)  The supervisor of elections shall allow an elector
2124	to vote early in the main or branch office of the supervisor by
2125	depositing the voted ballot in a voting device used by the
2126	supervisor to collect or tabulate ballots. The supervisor shall
2127	mark, code, indicate on, or otherwise track the voter's precinct
2128	for each early voted ballot. In order for a branch office to be
2129	used for early voting, it shall be a full-service facility of
2130	the supervisor and shall have been designated as such at least 1
2131	year prior to the election. The supervisor may designate any
2132	city hall or public library as early voting sites; however, if
2133	so designated, the sites must be geographically located so as to
2134	provide all voters in the county an equal opportunity to cast a
2135	ballot, insofar as is practicable. The results or tabulation may
2136	not be made before the close of the polls on election day.
2137	Section 40.  Section 101.663, Florida Statutes, is amended
2138	to read:
2139	101.663  Electors; change of residence to another state.--
2140	(1)  An elector who changes his or her residence to another
2141	county in Florida from the county in Florida in which he or she
2142	is registered as an elector after the books in the county to
2143	which the elector has changed his or her residence are closed
2144	for any general, primary, or special election shall be permitted
2145	to vote absentee in the county of his or her former residence in
2146	that election for President and Vice President, United States
2147	Senator, statewide offices, and statewide issues. Such person
2148	shall not be permitted to vote in the county of the person's
2149	former residence after the general election.
2150	(2)  An elector registered in this state who moves his or
2151	her permanent residence to another state and who is prohibited
2152	by the laws of that state from voting for the offices of
2153	President and Vice President of the United States shall be
2154	permitted to vote absentee in the county of his or her former
2155	residence for those offices.
2156	Section 41.  Subsection (1) of section 101.6921, Florida
2157	Statutes, is amended to read:
2158	101.6921  Delivery of special absentee ballot to certain
2159	first-time voters.--
2160	(1)  The provisions of this section apply to voters who are
2161	subject to the provisions of s. 97.0535 registered to vote by
2162	mail, who have not previously voted in the county, and who have
2163	not provided the identification or certification required by s.
2164	97.0535 by the time the absentee ballot is mailed.
2165	Section 42.  Section 101.6923, Florida Statutes, is amended
2166	to read:
2167	101.6923  Special absentee ballot instructions for certain
2168	first-time voters.--
2169	(1)  The provisions of this section apply to voters who are
2170	subject to the provisions of s. 97.0535 registered to vote by
2171	mail, who have not previously voted in the county, and who have
2172	not provided the identification or information required by s.
2173	97.0535 by the time the absentee ballot is mailed.
2174	(2)  A voter covered by this section shall be provided with
2175	the following printed instructions with his or her absentee
2176	ballot in substantially the following form:
2177
2178	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
2179	BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
2180	YOUR BALLOT NOT TO COUNT.
2181
2182	1.  In order to ensure that your absentee ballot will be
2183	counted, it should be completed and returned as soon as possible
2184	so that it can reach the supervisor of elections of the county
2185	in which your precinct is located no later than 7 p.m. on the
2186	date of the election.
2187	2.  Mark your ballot in secret as instructed on the ballot.
2188	You must mark your own ballot unless you are unable to do so
2189	because of blindness, disability, or inability to read or write.
2190	3.  Mark only the number of candidates or issue choices for
2191	a race as indicated on the ballot. If you are allowed to "Vote
2192	for One" candidate and you vote for more than one, your vote in
2193	that race will not be counted.
2194	4.  Place your marked ballot in the enclosed secrecy
2195	envelope and seal the envelope.
2196	5.  Insert the secrecy envelope into the enclosed envelope
2197	bearing the Voter's Certificate. Seal the envelope and
2198	completely fill out the Voter's Certificate on the back of the
2199	envelope.
2200	a.  You must sign your name on the line above (Voter's
2201	Signature).
2202	b.  If you are an overseas voter, you must include the date
2203	you signed the Voter's Certificate on the line above (Date) or
2204	your ballot may not be counted.
2205	6.  Unless you meet one of the exemptions in Item 7., you
2206	must make a copy of one of the following forms of
2207	identification:
2208	a.  Identification which must include your name and
2209	photograph: current and valid Florida driver's license; Florida
2210	identification card issued by the Department of Highway Safety
2211	and Motor Vehicles; United States passport; employee badge or
2212	identification; buyer's club identification card; debit or
2213	credit card; military identification; student identification;
2214	retirement center identification; neighborhood association
2215	identification; entertainment identification; or public
2216	assistance identification; or
2217	b.  Identification which shows your name and current
2218	residence address: current utility bill, bank statement,
2219	government check, paycheck, or government document (excluding
2220	voter identification card).
2221	7.  The identification requirements of Item 6. do not apply
2222	if you meet one of the following requirements:
2223	a.  You are 65 years of age or older.
2224	b.  You have a temporary or permanent physical disability.
2225	c.  You are a member of a uniformed service on active duty
2226	who, by reason of such active duty, will be absent from the
2227	county on election day.
2228	d.  You are a member of the Merchant Marine who, by reason
2229	of service in the Merchant Marine, will be absent from the
2230	county on election day.
2231	e.  You are the spouse or dependent of a member referred to
2232	in paragraph c. or paragraph d. who, by reason of the active
2233	duty or service of the member, will be absent from the county on
2234	election day.
2235	f.  You are currently residing outside the United States.
2236	8.  Place the envelope bearing the Voter's Certificate into
2237	the mailing envelope addressed to the supervisor. Insert a copy
2238	of your identification in the mailing envelope. DO NOT PUT YOUR
2239	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2240	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2241	BALLOT WILL NOT COUNT.
2242	9.  Mail, deliver, or have delivered the completed mailing
2243	envelope. Be sure there is sufficient postage if mailed.
2244	10.  FELONY NOTICE. It is a felony under Florida law to
2245	accept any gift, payment, or gratuity in exchange for your vote
2246	for a candidate. It is also a felony under Florida law to vote
2247	in an election using a false identity or false address, or under
2248	any other circumstances making your ballot false or fraudulent.
2249	Section 43.  Subsection (3) of section 102.012, Florida
2250	Statutes, is amended to read:
2251	102.012  Inspectors and clerks to conduct elections.--
2252	(3)  The supervisor shall furnish inspectors of election
2253	for each precinct with the list of registered electors for that
2254	precinct registration books divided alphabetically as will best
2255	facilitate the holding of an election. The supervisor shall also
2256	furnish to the inspectors of election at the polling place at
2257	each precinct in the supervisor's county a sufficient number of
2258	forms and blanks for use on election day.
2259	Section 44.  Subsections (1), (2), and (3) of section
2260	104.013, Florida Statutes, are amended to read:
2261	104.013  Unauthorized use, possession, or destruction of
2262	voter information registration identification card.--
2263	(1)  It is unlawful for any person knowingly to have in his
2264	or her possession any blank, forged, stolen, fictitious,
2265	counterfeit, or unlawfully issued voter information registration
2266	identification card unless possession by such person has been
2267	duly authorized by the supervisor.
2268	(2)  It is unlawful for any person to barter, trade, sell,
2269	or give away a voter information registration identification
2270	card unless said person has been duly authorized to issue a
2271	voter information registration identification card.
2272	(3)  It is unlawful for any person willfully to destroy or
2273	deface the information registration identification card of a
2274	duly registered voter.
2275	Section 45.  Subsection (7) is added to section 106.0705,
2276	Florida Statutes, to read:
2277	106.0705  Electronic filing of campaign treasurer's
2278	reports.--
2279	(7)  Notwithstanding anything in law to the contrary, any
2280	report required to have been filed under this section for the
2281	period ended March 31, 2005, shall be deemed to have been timely
2282	filed if the report is filed under this section on or before
2283	June 1, 2005.
2284	Section 46.  Section 106.34, Florida Statutes, is amended
2285	to read:
2286	106.34  Expenditure limits.--
2287	(1)  Any candidate for Governor and Lieutenant Governor or
2288	Cabinet officer who requests contributions from the Election
2289	Campaign Financing Trust Fund shall limit his or her total
2290	expenditures as follows:
2291	(a)  Governor and Lieutenant Governor: $2 for each Florida
2292	registered voter $5 million.
2293	(b)  Cabinet officer: $1 for each Florida registered voter
2294	$2 million.
2295	(2)  The expenditure limit for any candidate with primary
2296	election opposition only shall be 60 percent of the limit
2297	provided in subsection (1).
2298	(3)  For purposes of this section, "Florida registered
2299	voter" means a voter who is registered to vote in Florida as of
2300	June 30 of each odd-numbered year. The Division of Elections
2301	shall certify the total number of Florida registered voters no
2302	later than July 31 of each odd-numbered year. Such total number
2303	shall be calculated by adding the number of registered voters in
2304	each county as of June 30 of the year of the certification date.
2305	For the 2006 general election, the Division of Elections shall
2306	certify the total number of Florida registered voters by July
2307	31, 2005 The expenditure limit shall be adjusted by the
2308	Secretary of State quadrennially to reflect the rate of
2309	inflation or deflation as indicated in the Consumer Price Index
2310	for All Urban Consumers, U.S. City Average, All Items, 1967=100,
2311	or successor reports as reported by the United States Department
2312	of Labor, Bureau of Labor Statistics.
2313	(4)  For the purposes of this section, the term
2314	"expenditure" does not include the payment of compensation for
2315	legal and accounting services rendered on behalf of a candidate.
2316	Section 47.  Section 196.141, Florida Statutes, is amended
2317	to read:
2318	196.141  Homestead exemptions; duty of property
2319	appraiser.--
2320	(1)  The property appraiser shall examine each claim for
2321	exemption filed with or referred to him or her and shall allow
2322	the same, if found to be in accordance with law, by marking the
2323	same approved and by making the proper deductions on the tax
2324	books.
2325	(2)  The property appraiser shall examine each referral, of
2326	a person registering to vote at an address different from the
2327	one where the person has filed for a homestead exemption, which
2328	has been provided by a supervisor of elections pursuant to s.
2329	98.015. The property appraiser shall initiate procedures to
2330	terminate a person's homestead exemption and assess back taxes,
2331	if appropriate, if the person claiming such exemption is not
2332	entitled to the exemption under law.
2333	Section 48.  Paragraph (b) of subsection (4) of section
2334	120.54, Florida Statutes, is amended to read:
2335	120.54  Rulemaking.--
2336	(4)  EMERGENCY RULES.--
2337	(b)  Rules pertaining to the public health, safety, or
2338	welfare shall include rules pertaining to perishable
2339	agricultural commodities or rules pertaining to the
2340	interpretation and implementation of the requirements of
2341	chapters 97 through 102 and 105 of the Florida Election Code
2342	which are filed when not more than 60 days remain before an
2343	election as defined in s. 97.021 or which are filed during the
2344	time period after the election and before certification of the
2345	election pursuant to s. 102.112 or s. 102.121.
2346	Section 49.  Subsection (1) of section 99.061, Florida
2347	Statutes, is amended to read:
2348	99.061  Method of qualifying for nomination or election to
2349	federal, state, county, or district office.--
2350	(1)  The provisions of any special act to the contrary
2351	notwithstanding, each person seeking to qualify for nomination
2352	or election to a federal, state, or multicounty district office,
2353	other than election to a judicial office as defined in chapter
2354	105 or the office of school board member, shall file his or her
2355	qualification papers with, and pay the qualifying fee, which
2356	shall consist of the filing fee and election assessment, and
2357	party assessment, if any has been levied, to, the Department of
2358	State, or qualify by the alternative method with the Department
2359	of State, at any time after noon of the 1st day for qualifying,
2360	which shall be as follows: the 120th day prior to the first
2361	primary, but not later than noon of the 116th day prior to the
2362	date of the first primary, for persons seeking to qualify for
2363	nomination or election to federal office or the office of the
2364	state attorney or public defender; and noon of the 50th day
2365	prior to the first primary, but not later than noon of the 46th
2366	day prior to the date of the first primary, for persons seeking
2367	to qualify for nomination or election to a state or multicounty
2368	district office other than the office of state attorney or
2369	public defender.
2370	Section 50.  Sections 98.055, 98.095, 98.0977, 98.0979,
2371	98.101, 98.181, 98.231, 98.451, 98.481, and 101.635, Florida
2372	Statutes, are repealed.
2373	Section 51.  Except as otherwise provided herein, this act
2374	shall take effect January 1, 2006.

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