HB 1589

A bill to be entitled
2An act relating to elections; amending s. 97.012, F.S.;
3revising the duties of the Secretary of State and the
4Department of State relating to election laws; providing
5for rulemaking; authorizing the Secretary of State to
6delegate voter registration and records maintenance duties
7to voter registration officials; providing that the
8secretary has a duty to bring legal action to enforce the
9performance of county supervisors of elections or other
10officials performing duties relating to the Florida
11Election Code; providing a prerequisite to bringing such
12an action; providing venue; requiring that courts give
13priority to such an action; providing penalties; providing
14for the adoption of rules; amending s. 97.021, F.S.;
15revising and providing definitions; amending s. 97.026,
16F.S.; providing rulemaking authority to make forms
17available in alternative formats and via the Internet;
18removing a cross reference; amending s. 97.051, F.S.;
19revising the oath taken by a person registering to vote;
20amending s. 97.052, F.S.; requiring that the uniform
21statewide voter registration application be accepted for
22replacement of a voter information card and signature
23update; revising the information the uniform statewide
24voter registration application must contain and must
25elicit from the applicant; providing for the failure of a
26voter registration applicant to answer questions on the
27voter registration application; amending s. 97.053, F.S.;
28revising the criteria for completeness of a voter
29registration application; specifying the possible valid
30recipients of a mailed voter registration application;
31revising the information needed on a voter registration
32application to establish an applicant's eligibility;
33providing for verification of authenticity of certain
34voter registration application information; providing for
35a provisional ballot to be provided to an applicant if the
36application is not verified by a certain date; requiring a
37voter registration official to enter all voter
38registration applications into the voter registration
39system within a certain time period and forward such
40applications to the supervisor of elections; amending s.
4197.0535, F.S.; providing for applicants who have no valid
42Florida driver's license, identification card, or social
43security number; amending s. 97.055, F.S.; specifying the
44information updates permitted for purposes of an upcoming
45election once registration books are closed; amending s.
4697.057, F.S.; revising the voter registration procedure by
47the Department of Highway Safety and Motor Vehicles;
48amending s. 97.058, F.S.; revising duties of voter
49registration agencies; amending s. 97.061, F.S.; revising
50special registration procedures for electors requiring
51assistance; amending s. 97.071, F.S.; redesignating the
52registration identification card as the voter information
53card; revising requirements for the contents of the card;
54amending s. 97.073, F.S.; revising the procedure by which
55an applicant must supply missing information on the voter
56registration application; revising provisions relating to
57cancellation of previous registration; amending s.
5897.1031, F.S.; revising provisions relating to notice of
59change of residence, name, or party affiliation; amending
60s. 97.105, F.S., relating to establishment of the
61permanent single registration system, to conform; amending
62s. 98.015, F.S.; revising the duties of supervisors of
63elections; creating s. 98.035, F.S.; establishing a
64statewide voter registration system; requiring the
65Secretary of State to be responsible for the
66implementation, operation, and maintenance of the system;
67prohibiting the department from contracting with any other
68entity to operate the system; authorizing the department
69to adopt rules relating to the access, use, and operation
70of the system; amending s. 98.045, F.S.; revising
71provisions relating to administration of voter
72registration; providing for the responsibility of such
73administration to be undertaken by the department in lieu
74of supervisors of elections; specifying ineligibility
75criteria; revising provisions relating to removal of
76registered voters; revising provisions relating to public
77records access and retention; providing for the
78establishment of a statewide electronic database of valid
79residential street addresses; authorizing the department
80to adopt rules relating to certain voter registration
81system forms; amending s. 98.065, F.S.; revising
82provisions relating to registration records maintenance;
83providing for change of address; providing limitations on
84notice and renewal; requiring supervisors of elections to
85certify to the department certain list maintenance
86activities; providing penalties; amending s. 98.075, F.S.;
87providing for registration records maintenance by the
88department; providing procedures in cases involving
89duplicate registration, deceased persons, adjudication of
90mental incapacity, felony conviction, and other bases for
91ineligibility; providing procedures for removal; requiring
92supervisors of elections to certify to the department
93certain registration records maintenance activities;
94creating s. 98.0755, F.S.; providing for appeal of a
95determination of ineligibility; providing for
96jurisdiction, burden of proof, and trial costs; amending
97s. 98.077, F.S.; revising provisions relating to updating
98a voter's signature; amending s. 98.081, F.S., relating to
99removal of names from the statewide voter registration
100system, to conform; amending s. 98.093, F.S.; revising the
101duty of officials to furnish lists of deceased persons,
102persons adjudicated mentally incapacitated, and persons
103convicted of a felony; creating s. 98.0981, F.S.;
104requiring the department to establish and maintain a
105statewide voter registration database and provide such
106database to the Legislature; specifying the required
107contents of the database; amending s. 98.212, F.S.,
108relating to furnishing of statistical and other
109information, to conform; amending s. 98.461, F.S.;
110authorizing use of an electronic database as a precinct
111register and use of an electronic device for voter
112signatures and witness initials; amending s. 100.371,
113F.S.; revising the procedure by which constitutional
114amendments proposed by initiative shall be placed on the
115ballot; amending s. 101.001, F.S.; revising requirements
116of supervisors relating to precincts and precinct
117boundaries; providing exceptions; amending s. 101.043,
118F.S.; revising requirements and procedures relating to
119identification required at polls; amending s. 101.045,
120F.S., relating to provisions for residence or name change
121at the polls, to conform; amending s. 101.048, F.S.,
122relating to provisional ballots, to conform; amending s.
123101.161, F.S.; correcting a cross reference; amending s.
124101.56062, F.S., relating to standards for accessible
125voting systems, to conform;  amending s. 101.5608, F.S.;
126revising a provision relating to an elector's signature
127provided with identification prior to voting; creating s.
128101.573, F.S.; requiring supervisors of elections to file
129precinct-level election results; requiring the Department
130of State to adopt rules; amending s. 101.62, F.S.;
131correcting a cross reference; amending ss. 101.64 and
132101.657, F.S.; requiring that the supervisor of elections
133indicate on each absentee or early voted ballot the
134precinct of the voter; amending s. 101.663, F.S., relating
135to change of residence, to conform; amending s. 101.6921,
136F.S., relating to delivery of special absentee ballots to
137certain first-time voters, to conform; amending s.
138101.6923, F.S., relating to special absentee ballot
139instructions for certain first-time voters, to conform;
140amending s. 102.012, F.S., relating to conduct of
141elections by inspectors and clerks, to conform; amending
142s. 104.013, F.S., relating to unauthorized use,
143possession, or destruction of voter information cards, to
144conform; amending s. 106.0705, F.S.; providing for the
145timely filing of certain reports; amending s. 106.34,
146F.S.; revising provisions relating to certain candidate
147expenditure limits; providing a definition; amending s.
148196.141, F.S., relating to homestead exemptions and duties
149of property appraisers, to conform; amending s. 120.54,
150F.S.; including certain rules pertaining to the Florida
151Election Code within the definition of emergency rules
152governing public health, safety, or welfare during
153specified times; amending s. 99.061, F.S.; revising
154provisions relating to the method of qualifying for
155nomination to the office of the state attorney or public
156defender; repealing s. 98.055, F.S., relating to
157registration list maintenance forms; repealing s. 98.095,
158F.S., relating to county registers open to inspection and
159copies; repealing s. 98.0977, F.S., relating to the
160statewide voter registration database and its operation
161and maintenance; repealing s. 98.0979, F.S., relating to
162inspection of the statewide voter registration; repealing
163s. 98.101, F.S., relating to specifications for permanent
164registration binders, files, and forms; repealing s.
16598.181, F.S., relating to duty of the supervisor of
166elections to make up indexes or records; repealing s.
16798.231, F.S., relating to duty of the supervisor of
168elections to furnish the department the number of
169registered electors; repealing s. 98.451, F.S., relating
170to automation in processing registration data; repealing
171s. 98.481, F.S., relating to challenges to electors;
172repealing s. 101.635, F.S., relating to distribution of
173blocks of printed ballots; providing effective dates.
175Be It Enacted by the Legislature of the State of Florida:
177     Section 1.  Subsections (1), (2), and (11) of section
17897.012, Florida Statutes, are amended, and subsection (14) is
179added to said section, to read:
180     97.012  Secretary of State as chief election officer.--The
181Secretary of State is the chief election officer of the state,
182and it is his or her responsibility to:
183     (1)  Obtain and maintain uniformity in the application,
184operation, and interpretation and implementation of the election
185laws. In order to obtain and maintain uniformity in the
186interpretation and implementation of the elections laws, the
187Department of State may, pursuant to ss. 120.536(1) and 120.54,
188adopt by rule uniform standards for the proper and equitable
189interpretation and implementation of the requirements of
190chapters 97 through 102 and 105 of the Florida Election Code.
191     (2)  Provide uniform standards for the proper and equitable
192implementation of the registration laws by administrative rule
193of the Department of State adopted pursuant to ss. 120.536(1)
194and 120.54.
195     (11)  Create and administer maintain a statewide voter
196registration system as required by the Help America Vote Act of
1972002 database. The secretary may delegate voter registration
198duties and records maintenance activities to voter registration
199officials. Any responsibilities delegated by the secretary shall
200be performed in accordance with state and federal law.
201     (14)  Bring and maintain such actions at law or in equity
202by mandamus or injunction to enforce the performance of any
203duties of a county supervisor of elections or any official
204performing duties with respect to chapters 97 through 102 and
205105 or to enforce compliance with a rule of the Department of
206State adopted to interpret or implement any of those chapters.
207     (a)  Venue for such actions shall be in the Circuit Court
208of Leon County.
209     (b)  When the secretary files an action under this section
210and not more than 60 days remain before an election as defined
211in s. 97.021, or during the time period after the election and
212before certification of the election pursuant to s. 102.112 or
213s. 102.121, the court, including an appellate court, shall set
214an immediate hearing, giving the case priority over other
215pending cases.
216     (c)  Prior to filing an action to enforce performance of
217the duties of the supervisor of elections or any official
218described in this subsection, the secretary or his or her
219designee first must confer, or must make a good-faith attempt to
220confer, with the supervisor of elections or the official to
221ensure compliance with chapters 97 through 102 and 105 or the
222rules of the Department of State adopted under any of those
224     Section 2.  Subsection (13) of section 97.021, Florida
225Statutes, is amended, present subsections (38) and (39) are
226renumbered as subsections (39) and (40), respectively, and a new
227subsection (38) is added to said section, to read:
228     97.021  Definitions.--For the purposes of this code, except
229where the context clearly indicates otherwise, the term:
230     (13)  "Lists of registered electors" means names and
231associated information copies of printed lists of registered
232electors maintained by the department in the statewide voter
233registration system or generated or derived from the statewide
234voter registration system. Lists may be produced in printed or
235electronic format, computer tapes or disks, or any other device
236used by the supervisor of elections to maintain voter records.
237     (38)  "Voter registration official" means any supervisor of
238elections or individual authorized by the Secretary of State to
239accept voter registration applications and execute updates to
240the statewide voter registration system.
241     Section 3.  Section 97.026, Florida Statutes, is amended to
243     97.026  Forms to be available in alternative formats and
244via the Internet.--It is the intent of the Legislature that all
245forms required to be used in chapters 97-106 shall be made
246available upon request, in alternative formats. Such forms shall
247include absentee ballots as alternative formats for such ballots
248become available and the Division of Elections is able to
249certify systems that provide them. The department may, pursuant
250to ss. 120.536(1) and 120.54, adopt rules to administer this
251section. Whenever possible, such forms, with the exception of
252absentee ballots, shall be made available by the Department of
253State via the Internet. Sections that contain such forms
254include, but are not limited to, ss. 97.051, 97.052, 97.053,
25597.057, 97.058, 97.0583, 97.071, 97.073, 97.1031, 98.055,
25698.075, 99.021, 100.361, 100.371, 101.045, 101.171, 101.20,
257101.6103, 101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and
259     Section 4.  Section 97.051, Florida Statutes, is amended to
261     97.051  Oath upon registering.--A person registering to
262vote must subscribe to the following oath: "I do solemnly swear
263(or affirm) that I will protect and defend the Constitution of
264the United States and the Constitution of the State of Florida,
265that I am qualified to register as an elector under the
266Constitution and laws of the State of Florida, and that all
267information provided in this application is true I am a citizen
268of the United States and a legal resident of Florida."
269     Section 5.  Section 97.052, Florida Statutes, is amended to
271     97.052  Uniform statewide voter registration application.--
272     (1)  The department shall prescribe by rule a uniform
273statewide voter registration application for use in this state.
274     (a)  The uniform statewide voter registration application
275must 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
281identification card.
282     6.  Signature update.
283     (b)  The department is responsible for printing the uniform
284statewide voter registration application and the voter
285registration application form prescribed by the Federal Election
286Assistance Commission pursuant to federal law the National Voter
287Registration Act of 1993. The applications and forms must be
288distributed, upon request, to the following:
289     1.  Individuals seeking to register to vote or update a
290voter registration record.
291     2.  Individuals or groups conducting voter registration
292programs. A charge of 1 cent per application shall be assessed
293on 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
299available in the following manner:
300     a.  By distributing the applications and forms in their
301offices to any individual or group.
302     b.  By distributing the applications and forms at other
303locations designated by each supervisor.
304     c.  By mailing the applications and forms to applicants
305upon the request of the applicant.
306     (c)  The uniform statewide voter registration application
307may be reproduced by any private individual or group, provided
308the reproduced application is in the same format as the
309application prescribed by rule under this section.
310     (2)  The uniform statewide voter registration application
311must be designed to elicit the following information from the
313     (a)  Last, first, and middle Full name, including any
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
320granted a homestead exemption, if any.
321     (f)(g)  Race or ethnicity that best describes the
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
335     (m)(n)  Florida driver's license number or the
336identification number from a Florida identification card issued
337under s. 322.051.
338     (n)  An indication, if applicable, that the applicant has
339not been issued a Florida driver's license, a Florida
340identification card, or a social security number.
341     (o)  Telephone number (optional).
342     (p)  Signature of applicant under penalty for false
343swearing pursuant to s. 104.011, by which the person subscribes
344to the oath required by s. 3, Art. VI of the State Constitution
345and s. 97.051, and swears or affirms that the information
346contained in the registration application is true.
347     (q)  Whether the application is being used for initial
348registration, to update a voter registration record, or to
349request a replacement voter information registration
350identification card.
351     (r)  Whether the applicant is a citizen of the United
352States by asking the question "Are you a citizen of the United
353States of America?" and providing boxes for the applicant to
354check to indicate whether the applicant is or is not a citizen
355of the United States.
356     (s)  Whether That the applicant has not been convicted of a
357felony, and or, if convicted, has had his or her civil rights
358restored by including the statement "I affirm I am not a
359convicted felon or, if I am, my rights relating to voting have
360been restored." and providing a box for the applicant to check
361to affirm the statement.
362     (t)  Whether That the applicant has not been adjudicated
363mentally incapacitated with respect to voting or, if so
364adjudicated, has had his or her right to vote restored by
365including the statement "I affirm I have not been adjudicated
366mentally incapacitated with respect to voting or, if I have, my
367competency has been restored." and providing a box for the
368applicant to check to affirm the statement.
370The registration application form must be in plain language and
371designed so that convicted felons whose civil rights have been
372restored and persons who have been adjudicated mentally
373incapacitated and have had their voting rights restored are not
374required to reveal their prior conviction or adjudication.
375     (3)  The uniform statewide voter registration application
376must also contain:
377     (a)  The oath required by s. 3, Art. VI of the State
378Constitution and s. 97.051.
379     (b)  A statement specifying each eligibility requirement
380under s. 97.041.
381     (c)  The penalties provided in s. 104.011 for false
382swearing in connection with voter registration.
383     (d)  A statement that, if an applicant declines to register
384to vote, the fact that the applicant has declined to register
385will remain confidential and may be used only for voter
386registration purposes.
387     (e)  A statement that informs the applicant who chooses to
388register to vote or update a voter registration record that the
389office at which the applicant submits a voter registration
390application or updates a voter registration record will remain
391confidential and may be used only for voter registration
393     (f)  A statement that informs the applicant that any person
394who has been granted a homestead exemption in this state, and
395who registers to vote in any precinct other than the one in
396which the property for which the homestead exemption has been
397granted, shall have that information forwarded to the property
398appraiser where such property is located, which may result in
399the person's homestead exemption being terminated and the person
400being subject to assessment of back taxes under s. 193.092,
401unless the homestead granted the exemption is being maintained
402as the permanent residence of a legal or natural dependent of
403the owner and the owner resides elsewhere.
404     (f)(g)  A statement informing an the applicant who has not
405been issued a Florida driver's license, a Florida identification
406card, or a social security number that if the application form
407is submitted by mail and the applicant is registering for the
408first time in this state, the applicant will be required to
409provide identification prior to voting the first time.
410     (4)  A supervisor may produce a voter registration
411application that has the supervisor's direct mailing address if
412the department has reviewed the application and determined that
413it is substantially the same as the uniform statewide voter
414registration application.
415     (5)  The voter registration application form prescribed by
416the Federal Election Assistance Commission pursuant to federal
417law the National Voter Registration Act of 1993 or the federal
418postcard application must be accepted as an application for
419registration in this state if the completed application or
420postcard application contains the information required by the
421constitution and laws of this state.
422     (6)  If a voter registration applicant fails to provide any
423of the required information on the voter registration
424application form, the supervisor shall notify the applicant of
425the failure by mail within 5 business days after the supervisor
426has the information available in the voter registration system.
427The applicant shall have an opportunity to complete the
428application form to vote in the next election up until the book
429closing for that next election.
430     Section 6.  Section 97.053, Florida Statutes, is amended to
432     97.053  Acceptance of voter registration applications.--
433     (1)  Voter registration applications, changes in
434registration, and requests for a replacement voter information
435registration identification card must be accepted in the office
436of any supervisor, the division, a driver license office, a
437voter registration agency, or an armed forces recruitment office
438when hand delivered by the applicant or a third party during the
439hours that office is open or when mailed.
440     (2)  A completed voter registration application is complete
441and that contains the information necessary to establish an
442applicant's eligibility pursuant to s. 97.041 becomes the
443official voter registration record of that applicant when all
444information necessary to establish the applicant's eligibility
445pursuant to s. 97.041 is received by a voter registration
446official and verified pursuant to subsection (6) the appropriate
447supervisor. If the applicant fails to complete his or her voter
448registration application prior to the date of book closing for
449an election, then such applicant shall not be eligible to vote
450in that election.
451     (3)  The registration date for a valid initial voter
452registration application that has been hand delivered is the
453date that the application is when received by a driver license
454office, a voter registration agency, an armed forces recruitment
455office, the division, or the office of any supervisor in the
457     (4)  The registration date for a valid initial voter
458registration application that has been mailed to a driver
459license office, a voter registration agency, an armed forces
460recruitment office, the division, or the office of any
461supervisor in the state and bears a clear postmark is the date
462of that the postmark. If an initial voter registration
463application that has been mailed does not bear a postmark or if
464the postmark is unclear, the registration date is the date the
465application registration is received by any supervisor or the
466division, unless it is received within 5 days after the closing
467of the books for an election, excluding Saturdays, Sundays, and
468legal holidays, in which case the registration date is the book-
469closing date.
470     (5)(a)  A voter registration application is complete if it
471contains the following information necessary to establish the
472applicant'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
477applicant is a citizen of the United States.
478     5.a.  The applicant's current and valid Florida driver's
479license number or, the identification number from a Florida
480identification card issued under s. 322.051, or
481     b.  If the applicant has not been issued a current and
482valid Florida driver's license or a Florida identification card,
483the last four digits of the applicant's social security number.
485In case an applicant has not been issued a current and valid
486Florida driver's license, Florida identification card, or social
487security number, the applicant shall affirm this fact in the
488manner prescribed in the uniform statewide voter registration
490     6.  A mark in the checkbox affirming An indication that the
491applicant has not been convicted of a felony or that, if
492convicted, has had his or her civil rights restored.
493     7.  A mark in the checkbox affirming An indication that the
494applicant has not been adjudicated mentally incapacitated with
495respect to voting or that, if so adjudicated, has had his or her
496right to vote restored.
497     8.  The original signature or a digital signature
498transmitted by the Department of Highway Safety and Motor
499Vehicles of the applicant swearing or affirming under the
500penalty for false swearing pursuant to s. 104.011 that the
501information contained in the registration application is true
502and subscribing to the oath required by s. 3, Art. VI of the
503State Constitution and s. 97.051.
504     (b)  An applicant who fails to designate party affiliation
505must be registered without party affiliation. The supervisor
506must notify the voter by mail that the voter has been registered
507without party affiliation and that the voter may change party
508affiliation as provided in s. 97.1031.
509     (6)  A voter registration application may be accepted as
510valid only after the department has verified the authenticity or
511nonexistence of the driver's license number, the Florida
512identification card number, or the last four digits of the
513social security number provided by the applicant. If a completed
514voter registration application has been received by the book-
515closing deadline but the driver's license number, the Florida
516identification card number, or the last four digits of the
517social security number provided by the applicant cannot be
518verified prior to the applicant presenting himself or herself to
519vote, the applicant shall be provided a provisional ballot. The
520provisional ballot shall be counted only if the application is
521verified by the end of the canvassing period or if the applicant
522presents evidence to the supervisor of elections sufficient to
523verify the authenticity of the driver's license number, Florida
524identification card number, or last four digits of the social
525security number provided on the application no later than 5 p.m.
526of the third day following the election.
527     (7)  All voter registration applications received by a
528voter registration official shall be entered into the statewide
529voter registration system within 15 days after receipt. Once
530entered, the application shall be immediately forwarded to the
531appropriate supervisor of elections.
532     Section 7.  Subsections (1), (2), and (3) of section
53397.0535, 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
536previously voted in the state and who the department has
537verified has not been issued a current and valid Florida
538driver's license, Florida identification card, or social
539security number county shall be required to provide a copy of a
540current and valid identification, as provided in subsection (3),
541or indicate that he or she is exempt from the requirements prior
542to voting. Such The applicant may provide the identification or
543indication may be provided at the time of registering, or at any
544time prior to voting for the first time in the state county. If
545the voter registration application clearly provides information
546from which a voter registration official the supervisor can
547determine that the applicant meets at least one of the
548exemptions in subsection (4), the voter registration official
549supervisor shall make the notation on the registration records
550of the statewide voter registration system and the applicant
551shall not be required to provide the identification required by
552this section further information that is required of first time
553voters who register by mail.
554     (2)  The voter registration official supervisor of
555elections shall, upon accepting the voter registration
556application submitted pursuant to subsection (1) for an
557applicant who registered by mail and who has not previously
558voted in the county, determine if the applicant provided the
559required identification at the time of registering. If the
560required identification was not provided, the supervisor shall
561notify the applicant that he or she must provide the
562identification prior to voting the first time in the state
564     (3)(a)  The following forms of identification shall be
565considered current and valid if they contain the name and
566photograph of the applicant and have not expired:
567     1.  Florida driver's license.
568     2.  Florida identification card issued by the Department of
569Highway 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
581considered current and valid if they contain the name and
582current 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
588identification card).
589     Section 8.  Subsection (1) of section 97.055, Florida
590Statutes, 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
593before each election and must remain closed until after that
594election. If an election is called and there are fewer than 29
595days before that election, the registration books must be closed
596immediately. When the registration books are closed for an
597election, only updates to a voter's name, address, and signature
598pursuant to ss. 98.077 and 101.045 will be permitted for
599purposes of the upcoming election. Voter registration
600applications and party changes must be accepted but only for the
601purpose of subsequent elections. However, party changes received
602between the book-closing date of the first primary election and
603the date of the second primary election are not effective until
604after the second primary election.
605     Section 9.  Section 97.057, Florida Statutes, is amended to
607     97.057  Voter registration by the Department of Highway
608Safety and Motor Vehicles.--
609     (1)  The Department of Highway Safety and Motor Vehicles
610shall provide the opportunity to register to vote or to update a
611voter registration record to each individual who comes to an
612office 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
615chapter 322; or
616     (c)  Change an address on an existing driver's license or
617identification card.
618     (2)  The Department of Highway Safety and Motor Vehicles
620     (a)  Notify each individual, orally or in writing, that:
621     1.  Information gathered for the completion of a driver's
622license or identification card application, renewal, or change
623of address can be automatically transferred to a voter
624registration application;
625     2.  If additional information and a signature are provided,
626the voter registration application will be completed and sent to
627the proper election authority;
628     3.  Information provided can also be used to update a voter
629registration record;
630     4.  All declinations will remain confidential and may be
631used only for voter registration purposes; and
632     5.  The particular driver license office in which the
633person applies to register to vote or updates a voter
634registration record will remain confidential and may be used
635only for voter registration purposes.
636     (b)  Require a driver's license examiner to inquire orally,
637or, if the applicant is hearing impaired, inquire in writing if
638the applicant is hearing impaired, and whether the applicant
639wishes to register to vote or update a voter registration record
640during the completion of a driver's license or identification
641card application, renewal, or change of address.
642     1.  If the applicant chooses to register to vote or to
643update a voter registration record:
644     a.  All applicable information received by the Department
645of Highway Safety and Motor Vehicles in the course of filling
646out the forms necessary under subsection (1) must be transferred
647to a voter registration application.;
648     b.  The additional necessary information must be obtained
649by the driver's license examiner and must not duplicate any
650information already obtained while completing the forms required
651under subsection (1).; and
652     c.  A voter registration application with all of the
653applicant's voter registration information required to establish
654the applicant's eligibility pursuant to s. 97.041 must be
655presented to the applicant to review and verify the voter
656registration information received and provide an electronic
657signature affirming the accuracy of the information provided
659     2.  If the applicant declines to register to vote, update
660the applicant's voter registration record, or change the
661applicant's address by either orally declining or by failing to
662sign the voter registration application, the Department of
663Highway Safety and Motor Vehicles must note such declination on
664its records and shall forward the declination to the statewide
665voter registration system keep the declination for 2 years but
666must forward a copy of the unsigned voter registration
667application within 5 days after receipt to the appropriate
668supervisor of elections.
669     (3)  For the purpose of this section, the Department of
670Highway Safety and Motor Vehicles, with the approval of the
671Department of State, shall prescribe:
672     (a)  A voter registration application that is the same in
673content, format, and size as the uniform statewide voter
674registration 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
678must electronically transmit forward completed voter
679registration applications within 24 hours after receipt to the
680statewide voter registration system. Completed paper voter
681registration applications received by the Department of Highway
682Safety and Motor Vehicles shall be forwarded within 5 days after
683receipt to the supervisor of the county where the office that
684processed or received that application is located.
685     (5)  The Department of Highway Safety and Motor Vehicles
686must send, with each driver's license renewal extension
687application authorized pursuant to s. 322.18(8), a uniform
688statewide voter registration application, the voter registration
689application prescribed under paragraph (3)(a), or a voter
690registration application developed especially for the purposes
691of this subsection by the Department of Highway Safety and Motor
692Vehicles, with the approval of the Department of State, which
693must meet the requirements of s. 97.052.
694     (6)  A person providing voter registration services for a
695driver license office may not:
696     (a)  Seek to influence an applicant's political preference
697or party registration;
698     (b)  Display any political preference or party allegiance;
699     (c)  Make any statement to an applicant or take any action
700the purpose or effect of which is to discourage the applicant
701from registering to vote; or
702     (d)  Disclose any applicant's voter registration
703information except as needed for the administration of voter
705     (7)  The Department of Highway Safety and Motor Vehicles
706shall compile lists, by county, of those individuals whose names
707have been purged from its driver's license database because they
708have been licensed in another state and shall provide those
709lists annually to the appropriate supervisors.
710     (7)(8)  The Department of Highway Safety and Motor Vehicles
711shall collect data determined necessary by the Department of
712State for program evaluation and reporting to the Federal
713Election Assistance Commission pursuant to federal law the
714National Voter Registration Act of 1993.
715     (8)(9)  The Department of Highway Safety and Motor Vehicles
716must ensure that all voter registration services provided by
717driver license offices are in compliance with the Voting Rights
718Act of 1965.
719     (9)  The Department of Highway Safety and Motor Vehicles
720shall retain complete records of voter registration information
721received, processed, and submitted to the statewide voter
722registration system by the Department of Highway Safety and
723Motor Vehicles. These records shall be for the explicit purpose
724of supporting audit and accounting controls established to
725ensure accurate and complete electronic transmission of records
726between the statewide voter registration system and the
727Department of Highway Safety and Motor Vehicles.
728     (10)  The department shall provide the Department of
729Highway Safety and Motor Vehicles with an electronic database of
730street addresses valid for use as the legal residence address as
731required in s. 97.053(5). The Department of Highway Safety and
732Motor Vehicles shall compare the address provided by the
733applicant against the database of valid street addresses. If the
734address provided by the applicant does not match a valid street
735address in the database, the applicant will be asked to verify
736the address provided. The Department of Highway Safety and Motor
737Vehicles shall not reject any application for voter registration
738for which a valid match cannot be made.
739     (11)  The Department of Highway Safety and Motor Vehicles
740shall enter into an agreement with the department to match
741information in the statewide voter registration system with
742information in the database of the Department of Highway Safety
743and Motor Vehicles to the extent required to verify the accuracy
744of the driver's license number, Florida identification number,
745or last four digits of the social security number provided on
746applications for voter registration as required in s. 97.053.
747     (12)  The Department of Highway Safety and Motor Vehicles
748shall enter into an agreement with the Commissioner of Social
749Security as required by the Help America Vote Act of 2002 to
750verify the last four digits of the social security number
751provided in applications for voter registration as required in
752s. 97.053.
753     Section 10.  Subsections (6), (7), and (9) of section
75497.058, Florida Statutes, are amended to read:
755     97.058  Voter registration agencies.--
756     (6)  A voter registration agency must forward all completed
757and incomplete voter registration applications within 5 days
758after receipt to the supervisor of the county where the agency
759that processed or received that application is located.
760     (7)  A voter registration agency must retain declinations
761for a period of 2 years, during which time the declinations are
762not considered a record of the client pursuant to the laws
763governing the agency's records. However, a voter registration
764agency must forward a copy of each incompleted voter
765registration application within 5 days after receipt to the
766appropriate supervisor of elections.
767     (9)  A voter registration agency must collect data
768determined necessary by the department, as provided by rule, for
769program evaluation and reporting to the Federal Election
770Assistance Commission pursuant to federal law the National Voter
771Registration Act of 1993.
772     Section 11.  Section 97.061, Florida Statutes, is amended
773to read:
774     97.061  Special registration for electors requiring
776     (1)  Any person who is eligible to register and who is
777unable to read or write or who, because of some disability,
778needs assistance in voting shall upon that person's request be
779registered by the supervisor under the procedure prescribed by
780this section and shall be entitled to receive assistance at the
781polls under the conditions prescribed by this section. The
782department may adopt rules to administer this section.
783     (2)  If a person is qualified to register pursuant to this
784section, the voter registration official supervisor shall note
785in that person's registration record that the person needs
786assistance in voting.
787     (3)  The precinct register generated by the supervisor
788shall contain Upon registering any person pursuant to this
789section, the supervisor must make a notation on the registration
790books or records which are delivered to the polls on election
791day that such person is eligible for assistance in voting, and
792the supervisor may issue such person a special registration
793identification card or make a some notation on the voter
794information regular registration identification card that such
795person is eligible for assistance in voting. Such person shall
796be entitled to receive the assistance of two election officials
797or some other person of his or her own choice, other than the
798person's employer, the agent of the person's employer, or an
799officer or agent of the person's union, without the necessity of
800executing the "Declaration to Secure Assistance" prescribed in
801s. 101.051. Such person shall notify the supervisor of any
802change in his or her condition which makes it unnecessary for
803him or her to receive assistance in voting.
804     Section 12.  Section 97.071, Florida Statutes, is amended
805to read:
806     97.071  Voter information Registration identification
808     (1)  A voter information registration identification card
809shall must be furnished by the supervisor to all registered
810voters residing in the supervisor's county. The card may
811registering under the permanent single registration system and
812must 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
824     (k)  Place for voter's signature.
825     (i)(l)  Other information deemed necessary by the
826supervisor department.
827     (2)  A voter may receive a replacement voter information of
828a registration identification card by providing a signed,
829written request for a replacement card to a voter registration
830official the supervisor. Upon verification of registration, the
831supervisor shall issue the voter a duplicate card without
833     (3)  In the case of a change of name, address, or party
834affiliation, the supervisor shall must issue the voter a new
835voter information registration identification card. However, a
836voter information registration identification card indicating a
837party affiliation change made between the book-closing date for
838the first primary election and the date of the second primary
839election may not be issued until after the second primary
841     Section 13.  Section 97.073, Florida Statutes, is amended
842to read:
843     97.073  Disposition of voter registration applications;
844cancellation notice.--
845     (1)  The supervisor must notify each applicant of the
846disposition of the applicant's voter registration application.
847The notice must inform the applicant that the application has
848been approved, is incomplete, has been denied, or is a duplicate
849of a current registration. A voter information registration
850identification card sent to an applicant constitutes notice of
851approval of registration. If the application is incomplete, the
852supervisor must request that the applicant supply the missing
853information using a voter registration application signed by the
854applicant in writing and sign a statement that the additional
855information is true and correct. A notice of denial must inform
856the applicant of the reason the application was denied.
857     (2)  Within 2 weeks after approval of a voter registration
858application that indicates that the applicant was previously
859registered in another state jurisdiction, the department
860supervisor must notify the registration official in the prior
861state jurisdiction that the applicant is now registered in this
862state the supervisor's county.
863     Section 14.  Section 97.1031, Florida Statutes, is amended
864to read:
865     97.1031  Notice of change of residence within the same
866county, change of name, or change of party affiliation.--
867     (1)  When an elector moves from the address named on that
868person's voter registration record to another address within the
869same county, the elector must provide notification of such move
870to the supervisor of elections of that county. The elector may
871provide the supervisor a signed, written notice or may notify
872the supervisor by telephone or electronic means. However,
873notification of such move other than by signed, written notice
874must include the elector's date of birth. An elector may also
875provide notification to other voter registration officials as
876provided in subsection (2). A voter information registration
877identification card reflecting the new information address of
878legal residence shall be issued to the elector as provided in
879subsection (3)(4).
880     (2)  When an elector moves from the address named on that
881person's voter registration record to another address in a
882different county but within the state, the elector seeks to
883change party affiliation, or the name of an elector is changed
884by marriage or other legal process, the elector shall must
885provide notice a signed, written notification of such change to
886a voter registration official using a voter registration
887application signed by the elector. A voter information the
888supervisor and obtain a registration identification card
889reflecting the new information shall be issued to the elector as
890provided in subsection (3) name.
891     (3)  When an elector seeks to change party affiliation, the
892elector must provide a signed, written notification of such
893intent to the supervisor and obtain a registration
894identification card reflecting the new party affiliation,
895subject to the issuance restriction in s. 97.071(3).
896     (3)(4)  The voter registration official supervisor shall
897make the necessary changes in the elector's records as soon as
898practical upon receipt of such notice of a change of address of
899legal residence, name, or party affiliation. The supervisor of
900elections and shall issue the new voter information registration
901identification card as required by s. 97.071(3).
902     Section 15.  Section 97.105, Florida Statutes, is amended
903to read:
904     97.105  Permanent single registration system
905established.--A permanent single registration system for the
906registration of electors to qualify them to vote in all
907elections is provided for the several counties and
908municipalities. This system shall be put into use by all
909municipalities and shall be in lieu of any other system of
910municipal registration. Electors shall be registered pursuant to
911in pursuance of this system by a voter registration official the
912supervisor or by a deputy supervisor, and electors registered
913shall not thereafter be required to register or reregister
914except as provided by law.
915     Section 16.  Subsections (3), (10), and (11) of section
91698.015, Florida Statutes, are amended, and subsection (12) is
917added to said section, to read:
918     98.015  Supervisor of elections; election, tenure of
919office, compensation, custody of books, office hours, successor,
920seal; appointment of deputy supervisors; duties.--
921     (3)  The supervisor shall update voter registration
922information, enter new voter registrations into the statewide
923voter registration system, and act as is the official custodian
924of documents received by the supervisor related to the
925registration of electors and changes in voter registration
926status of electors of the supervisor's county the registration
927books and has the exclusive control of matters pertaining to
928registration of electors.
929     (10)  Each supervisor shall must ensure that all voter
930registration and list maintenance procedures conducted by such
931supervisor are in compliance with any applicable requirements
932prescribed by rule of the department through the statewide voter
933registration system or prescribed by for that county under the
934Voting Rights Act of 1965, the National Voter Registration Act
935of 1993, or the Help America Vote Act of 2002.
936     (11)  Each supervisor shall ensure that any voter
937registration system used by the supervisor for administering his
938or her duties as a voter registration official complies with the
939specifications and procedures established by rule of the
940department and the statewide voter registration system Each
941supervisor of elections shall forward to the property appraiser
942for the county in which the homestead is claimed the name of the
943person and the address of the homestead of each person who
944registers to vote at an address other than that at which the
945person claims a homestead exemption, as disclosed on the uniform
946statewide voter registration application pursuant to s. 97.052.
947     (12)  Each supervisor shall maintain a list of valid
948residential street addresses for purposes of verifying the legal
949addresses of voters residing in the supervisor's county. The
950supervisor shall make all reasonable efforts to coordinate with
951county 911 service providers, property appraisers, the United
952States Postal Service, or other agencies as necessary to ensure
953the continued accuracy of such list. The supervisor shall
954provide the list of valid residential addresses to the statewide
955voter registration system in the manner and frequency specified
956by rule of the department.
957     Section 17.  Section 98.035, Florida Statutes, is created
958to read:
959     98.035  Statewide voter registration system;
960implementation, operation, and maintenance.--
961     (1)  The Secretary of State, as chief election officer of
962the state, shall be responsible for implementing, operating, and
963maintaining, in a uniform and nondiscriminatory manner, a
964single, uniform, official, centralized, interactive,
965computerized statewide voter registration system as required by
966the Help America Vote Act of 2002. The department may adopt
967rules to administer this section.
968     (2)  The statewide voter registration system must contain
969the name and registration information of every legally
970registered voter in the state. All voters shall be assigned a
971unique identifier. The system shall be the official list of
972registered voters in the state and shall provide secured access
973by authorized voter registration officials. The system shall
974enable voter registration officials to provide, access, and
975update voter registration information.
976     (3)  The department may not contract with any other entity
977for the operation of the statewide voter registration system.
978     (4)  The implementation of the statewide voter registration
979system shall not prevent any supervisor of elections from
980acquiring, maintaining, or using any hardware or software
981necessary or desirable to carry out the supervisor's
982responsibilities related to the use of voter registration
983information or the conduct of elections, provided that such
984hardware or software does not conflict with the operation of the
985statewide voter registration system.
986     (5)  The department may adopt rules governing the access,
987use, and operation of the statewide voter registration system to
988ensure security, uniformity, and integrity of the system.
989     Section 18.  Section 98.045, Florida Statutes, is amended
990to read:
991     98.045  Administration of voter registration.--
992     (1)  ELIGIBILITY OF APPLICANT.--The Each supervisor must
993ensure that any eligible applicant for voter registration is
994registered to vote and that each application for voter
995registration is processed in accordance with law. The supervisor
996shall determine whether a voter registration applicant is
997ineligible based on any of the following:
998     (a)  The failure to complete a voter registration
999application as specified in s. 97.053.
1000     (b)  The applicant is deceased.
1001     (c)  The applicant has been convicted of a felony for which
1002his or her civil rights have not been restored.
1003     (d)  The applicant has been adjudicated mentally
1004incapacitated with respect to the right to vote and such right
1005has not been restored.
1006     (e)  The applicant does not meet the age requirement
1007pursuant 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
1011residence that is not his or her legal residence.
1012     (i)  The applicant has provided a driver's license number,
1013Florida identification card number, or the last four digits of a
1014social security number that is not verifiable by the department.
1016     (a)  Once a voter is registered, the name of that voter may
1017not be removed from the statewide voter registration system
1018books except at the written request of the voter, by reason of
1019the voter's conviction of a felony or adjudication as mentally
1020incapacitated with respect to voting, by death of the voter, or
1021pursuant to a registration list maintenance program or other
1022registration list maintenance activity conducted pursuant to s.
102398.065 or, s. 98.075, or s. 98.0977.
1024     (b)(2)  Information received by a voter registration
1025official supervisor from an election official in another state
1026jurisdiction indicating that a registered voter in this state
1027the supervisor's county has registered to vote in that other
1028state jurisdiction shall be considered as a written request from
1029the voter to have the voter's name removed from the statewide
1030voter registration system books of the supervisor's county.
1031     (3)  PUBLIC RECORDS ACCESS AND RETENTION.--Notwithstanding
1032the provisions of ss. 98.095 and 98.0977, Each supervisor shall
1033maintain for at least 2 years, and make available for public
1034inspection and copying, all records concerning implementation of
1035registration list maintenance programs and activities conducted
1036pursuant to ss. 98.065 and, 98.075, and 98.0977. The records
1037must include lists of the name and address of each person to
1038whom a an address confirmation final notice was sent and
1039information as to whether each such person responded to the
1040mailing, but may not include any information that is
1041confidential or exempt from public records requirements under
1042this code.
1045     (a)  The department shall compile and maintain a statewide
1046electronic database of valid residential street addresses from
1047the information provided by the supervisors of elections
1048pursuant to s. 98.015. The department shall evaluate the
1049information provided by the supervisors of elections to identify
1050any duplicate addresses and any address that may overlap county
1052     (b)  The department shall make the statewide database of
1053valid street addresses available to the Department of Highway
1054Safety and Motor Vehicles as provided in s. 97.057(10). The
1055Department of Highway Safety and Motor Vehicles shall use the
1056database for purposes of validating the legal residential
1057addresses provided in voter registration applications received
1058by the Department of Highway Safety and Motor Vehicles.
1059     (5)  FORMS.--The department may prescribe by rule forms
1060necessary to conduct maintenance of records in the statewide
1061voter registration system.
1062     Section 19.  Section 98.065, Florida Statutes, as amended
1063by section 6 of chapter 2002-281, Laws of Florida, is amended to
1065     98.065  Registration list maintenance programs.--
1066     (1)  The supervisor must conduct a general registration
1067list maintenance program to protect the integrity of the
1068electoral process by ensuring the maintenance of accurate and
1069current voter registration records in the statewide voter
1070registration system. The program must be uniform,
1071nondiscriminatory, and in compliance with the Voting Rights Act
1072of 1965, the National Voter Registration Act of 1993, and the
1073Help America Vote Act of 2002. As used in this subsection, the
1074term "nondiscriminatory" applies to and includes persons with
1076     (2)  A supervisor must incorporate one or more of the
1077following procedures in the supervisor's biennial registration
1078list maintenance program under which:
1079     (a)  Change-of-address information supplied by the United
1080States Postal Service through its licensees is used to identify
1081registered voters whose addresses might have changed;
1082     (b)  Change-of-address information is identified from
1083returned nonforwardable return-if-undeliverable mail sent to all
1084registered voters in the county; or
1085     (c)  Change-of-address information is identified from
1086returned nonforwardable return-if-undeliverable address
1087confirmation requests mailed to all registered voters who have
1088not voted in the last 2 years and who did not make a written
1089request that their registration records be updated during that
1091     (3)  A registration list maintenance program must be
1092conducted by each supervisor, at a minimum, in each odd-numbered
1093year and must be completed not later than 90 days prior to the
1094date of any federal election. All list maintenance actions
1095associated with each voter must be entered, tracked, and
1096maintained in the statewide voter registration system.
1097     (4)(a)  If the supervisor receives change-of-address
1098information pursuant to the activities conducted in subsection
1099(2), from jury notices signed by the voter and returned to the
1100courts, from the Department of Highway Safety and Motor
1101Vehicles, or from other sources, which information indicates
1102that the legal address of a registered voter might have changed,
1103the supervisor shall send by forwardable return-if-undeliverable
1104mail an address confirmation notice to the address at which the
1105voter was last registered. A supervisor may also send an address
1106confirmation notice to any voter who the supervisor has reason
1107to believe has moved from his or her legal residence.
1108     (b)  The address confirmation notice shall contain a
1109postage prepaid preaddressed return form on which:
1110     1.  If the voter has changed his or her address of legal
1111residence to a location outside the state, the voter shall mark
1112that the voter's legal residence has changed to a location
1113outside the state. The form shall also include information on
1114how to register in the new state in order to be eligible to
1115vote. The form must be returned within 30 days after the date of
1116the notice. The completed form shall constitute a request to be
1117removed from the statewide voter registration system.
1118     2.  If the voter has changed his or her address of legal
1119residence to a location inside the state, the voter shall set
1120forth the updated or corrected address and submit the return
1121form within 30 days after the date of the notice. The completed
1122form shall constitute a request to update the statewide voter
1123registration system with the updated or corrected address
1125     3.  If the voter has not changed his or her address of
1126legal residence as printed on the address confirmation notice,
1127the voter shall confirm that his or her address of legal
1128residence has not changed and submit the form within 30 days
1129after the date of the notice.
1130     (c)  The supervisor must designate as inactive all voters
1131who have been sent an address confirmation notice and who have
1132not returned the postage prepaid preaddressed return form within
113330 days or for which an address confirmation notice has been
1134returned as undeliverable. Names on the inactive list may not be
1135used to calculate the number of signatures needed on any
1136petition. A voter on the inactive list may be restored to the
1137active list of voters upon the voter updating his or her
1138registration, requesting an absentee ballot, or appearing to
1139vote. However, if the voter does not update his or her voter
1140registration information, request an absentee ballot, or vote by
1141the second general election after being placed on the inactive
1142list, the voter's name shall be removed from the statewide voter
1143registration system and the voter shall be required to
1144reregister to have his or her name restored to the statewide
1145voter registration system.
1146     (5)  A notice may not be issued pursuant to this section
1147and a voter's name may not be removed from the statewide voter
1148registration system later than 90 days prior to the date of a
1149federal election. However, this section does not preclude the
1150removal of the name of a voter from the statewide voter
1151registration system at any time upon the voter's written
1152request, by reason of the voter's death, or upon a determination
1153of 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,
1155the supervisor must certify to the department the list
1156maintenance activities conducted during the first 6 months and
1157the second 6 months of the year, respectively, including the
1158number of address confirmation requests sent, the number of
1159voters designated as inactive, and the number of voters removed
1160from the statewide voter registration system.
1161     (b)  If, based on the certification provided pursuant to
1162paragraph (a), the department determines that a supervisor has
1163not conducted the list maintenance activities required by this
1164section, the department shall conduct the appropriate list
1165maintenance activities for that county. Failure to conduct list
1166maintenance activities as required in this section constitutes a
1167violation of s. 104.051. A voter's name may not be removed from
1168the registration books later than 90 days prior to the date of a
1169federal election. However, nothing in this section shall
1170preclude the removal of the name of a voter from the voter
1171registration books, at any time and without prior notification,
1172upon the written request of the voter, by reason of conviction
1173of the voter of a felony, by reason of adjudication of the voter
1174as mentally incapacitated with respect to voting, by reason of
1175the death of the voter, or upon a determination of ineligibility
1176as provided in s. 98.075(3).
1177     (4)  If the supervisor receives change-of-address
1178information from the United States Postal Service or its
1179licensees or from jury notices signed by the voter and returned
1180to the courts, which indicates that:
1181     (a)  The voter has moved within the supervisor's county,
1182the supervisor must change the registration records to show the
1183new address and must send the voter a notice of the change by
1184forwardable mail, including a postage prepaid preaddressed
1185return form with which the voter may verify or correct the
1186address information.
1187     (b)  The voter has moved outside the supervisor's county,
1188or contains no forwarding address, the supervisor shall send an
1189address confirmation final notice and remove the name of the
1190voter 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
1196during the period beginning on the date when the address
1197confirmation final notice was sent and ending on the day after
1198the date of the second general election thereafter.
1199     (5)  The supervisor must designate as inactive all voters
1200who have been sent an address confirmation final notice and who
1201have not returned the postage prepaid preaddressed return form
1202within 30 days. A voter on the inactive list must be allowed to
1203vote and to change the voter's name or address of legal
1204residence at the polls pursuant to s. 101.045. Names on the
1205inactive list may not be used to calculate the number of
1206signatures needed on any petition or the quantity of voting
1207equipment needed.
1208     Section 20.  Section 98.075, Florida Statutes, is amended
1209to read:
1210(Substantial rewording of section. See
1211s. 98.075, F.S., for present text.)
1212     98.075  Registration records maintenance activities;
1213ineligibility determinations.--
1214     (1)  MAINTENANCE OF RECORDS.--The department shall protect
1215the integrity of the electoral process by ensuring the
1216maintenance of accurate and current voter registration records.
1217List maintenance activities must be uniform, nondiscriminatory,
1218and in compliance with the Voting Rights Act of 1965, the
1219National Voter Registration Act of 1993, and the Help America
1220Vote Act of 2002. The department may adopt by rule uniform
1221standards and procedures to interpret and administer this
1223     (2)  DUPLICATE REGISTRATION.--The department shall identify
1224those voters who are registered more than once or those
1225applicants whose registration applications would result in
1226duplicate registrations. The most recent application shall be
1227deemed an update to the voter registration record.
1228     (3)  DECEASED PERSONS.--The department shall identify those
1229registered voters who are deceased by comparing information on
1230the lists of deceased persons received from the Department of
1231Health as provided in s. 98.093. Upon receipt of such
1232information through the statewide voter registration system, the
1233supervisor shall remove the name of the registered voter.
1234     (4)  ADJUDICATION OF MENTAL INCAPACITY.--The department
1235shall identify those registered voters who have been adjudicated
1236mentally incapacitated with respect to voting and who have not
1237had their voting rights restored by comparing information
1238received from the clerk of the circuit court as provided in s.
123998.093. The department shall review such information and make an
1240initial determination as to whether the information is credible
1241and reliable. If the department determines that the information
1242is credible and reliable, the department shall notify the
1243supervisor and provide a copy of the supporting documentation
1244indicating the potential ineligibility of the voter to be
1245registered. Upon receipt of the notice that the department has
1246made a determination of initial credibility and reliability, the
1247supervisor shall adhere to the procedures set forth in
1248subsection (7) prior to the removal of a registered voter from
1249the statewide voter registration system.
1250     (5)  FELONY CONVICTION.--The department shall identify
1251those registered voters who have been convicted of a felony and
1252whose rights have not been restored by comparing information
1253received from, but not limited to, a clerk of the circuit court,
1254the Board of Executive Clemency, the Department of Corrections,
1255the Department of Law Enforcement, or a United States Attorney's
1256Office, as provided in s. 98.093. The department shall review
1257such information and make an initial determination as to whether
1258the information is credible and reliable. If the department
1259determines that the information is credible and reliable, the
1260department shall notify the supervisor and provide a copy of the
1261supporting documentation indicating the potential ineligibility
1262of the voter to be registered. Upon receipt of the notice that
1263the department has made a determination of initial credibility
1264and reliability, the supervisor shall adhere to the procedures
1265set forth in subsection (7) prior to the removal of a registered
1266voter's name from the statewide voter registration system.
1267     (6)  OTHER BASES FOR INELIGIBILITY.--If the department or
1268supervisor receives information other than from the sources
1269identified in subsections (2)-(5) that a registered voter does
1270not meet the age requirement pursuant to s. 97.041, is not a
1271United States citizen, is a fictitious person, or has listed a
1272residence that is not his or her legal residence, the supervisor
1273shall adhere to the procedures set forth in subsection (7) prior
1274to the removal of a registered voter's name from the statewide
1275voter registration system.
1277     (a)  If the supervisor receives notice or information
1278pursuant to subsections (4)-(6), the supervisor of the county in
1279which the voter is registered shall:
1280     1.  Notify the registered voter of his or her potential
1281ineligibility by mail within 7 days after receipt of notice or
1282information. The notice shall include:
1283     a.  A statement of the basis for the registered voter's
1284potential ineligibility and a copy of any documentation upon
1285which the potential ineligibility is based.
1286     b.  A statement that failure to respond within 30 days
1287after receipt of the notice may result in a determination of
1288ineligibility and in removal of the registered voter's name from
1289the statewide voter registration system.
1290     c.  A return form that requires the registered voter to
1291admit or deny the accuracy of the information underlying the
1292potential ineligibility for purposes of a final determination by
1293the supervisor.
1294     d.  A statement that, if the voter is denying the accuracy
1295of the information underlying the potential ineligibility, the
1296voter has a right to request a hearing for the purpose of
1297determining eligibility.
1298     e.  Instructions for the registered voter to contact the
1299supervisor of elections of the county in which the voter is
1300registered if assistance is needed in resolving the matter.
1301     f.  Instructions for seeking restoration of civil rights
1302following a felony conviction, if applicable.
1303     2.  If the mailed notice is returned as undeliverable, the
1304supervisor shall publish notice once in a newspaper of general
1305circulation in the county in which the voter was last
1306registered. 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
1309be registered to vote.
1310     c.  A statement that failure to respond within 30 days
1311after the notice is published may result in a determination of
1312ineligibility by the supervisor and removal of the registered
1313voter's name from the statewide voter registration system.
1314     d.  An instruction for the voter to contact the supervisor
1315no later than 30 days after the date of the published notice to
1316receive information regarding the basis for the potential
1317ineligibility and the procedure to resolve the matter.
1318     e.  An instruction to the voter that, if further assistance
1319is needed, the voter should contact the supervisor of elections
1320of the county in which the voter is registered.
1321     3.  If a registered voter fails to respond to a notice
1322pursuant to subparagraph 1. or subparagraph 2., the supervisor
1323shall make a final determination of the voter's eligibility. If
1324the supervisor determines that the voter is ineligible, the
1325supervisor shall remove the name of the registered voter from
1326the statewide voter registration system. The supervisor shall
1327notify the registered voter of the supervisor's determination
1328and action.
1329     4.  If a registered voter responds to the notice pursuant
1330to subparagraph 1. or subparagraph 2. and admits the accuracy of
1331the information underlying the potential ineligibility, the
1332supervisor shall make a final determination of ineligibility and
1333shall remove the voter's name from the statewide voter
1334registration system. The supervisor shall notify the registered
1335voter of the supervisor's determination and action.
1336     5.  If a registered voter responds to the notice issued
1337pursuant to subparagraph 1. or subparagraph 2. and denies the
1338accuracy of the information underlying the potential
1339ineligibility but does not request a hearing, the supervisor
1340shall review the evidence and make a final determination of
1341eligibility. If such registered voter requests a hearing, the
1342supervisor shall send notice to the registered voter to attend a
1343hearing at a time and place specified in the notice. Upon
1344hearing all evidence presented at the hearing, the supervisor
1345shall make a determination of eligibility. If the supervisor
1346determines that the registered voter is ineligible, the
1347supervisor shall remove the voter's name from the statewide
1348voter registration system and notify the registered voter of the
1349supervisor's determination and action.
1350     (b)  The following shall apply to this subsection:
1351     1.  All determinations of eligibility shall be based on a
1352preponderance of the evidence.
1353     2.  All proceedings are exempt from the provisions of
1354chapter 120.
1355     3.  Any notice shall be sent to the registered voter by
1356certified mail, return receipt requested, or other means that
1357provides a verification of receipt or shall be published in a
1358newspaper of general circulation where the voter was last
1359registered, whichever is applicable.
1360     4.  The supervisor shall remove the name of any registered
1361voter from the statewide voter registration system only after
1362the supervisor makes a final determination that the voter is
1363ineligible to vote.
1364     5.  Any voter whose name has been removed from the
1365statewide voter registration system pursuant to a determination
1366of ineligibility may appeal that determination under the
1367provisions of s. 98.0755.
1368     6.  Any voter whose name was removed from the statewide
1369voter registration system on the basis of a determination of
1370ineligibility who subsequently becomes eligible to vote must
1371reregister in order to have his or her name restored to the
1372statewide voter registration system.
1373     (8)  CERTIFICATION.--
1374     (a)  No later than July 31 and January 31 of each year, the
1375supervisor shall certify to the department the activities
1376conducted pursuant to this section during the first 6 months and
1377the second 6 months of the year, respectively. The certification
1378shall include the number of persons to whom notices were sent
1379pursuant to subsection (7), the number of persons who responded
1380to the notices, the number of notices returned as undeliverable,
1381the number of notices published in the newspaper, the number of
1382hearings conducted, and the number of persons removed from the
1383statewide voter registration systems and the reasons for such
1385     (b)  If, based on the certification provided pursuant to
1386paragraph (a), the department determines that a supervisor has
1387not satisfied the requirements of this section, the department
1388shall satisfy the appropriate requirements for that county.
1389Failure to satisfy the requirements of this section shall
1390constitute a violation of s. 104.051.
1391     Section 21.  Section 98.0755, Florida Statutes, is created
1392to read:
1393     98.0755  Appeal of determination of ineligibility.--Appeal
1394of the supervisor's determination of ineligibility pursuant to
1395s. 98.075(7) may be taken to the circuit court in and for the
1396county where the person was registered. Notice of appeal must be
1397filed within the time and in the manner provided by the Florida
1398Rules of Appellate Procedure and acts as supersedeas. Trial in
1399the circuit court is de novo and governed by the rules of that
1400court. Unless the person can show that his or her name was
1401erroneously or illegally removed from the statewide voter
1402registration system, or that he or she is indigent, the person
1403must bear the costs of the trial in the circuit court.
1404Otherwise, the cost of the appeal must be paid by the supervisor
1405of elections.
1406     Section 22.  Section 98.077, Florida Statutes, is amended
1407to read:
1408     98.077  Update of voter signature.--
1409     (1)  A registered voter may update his or her signature on
1410file in the statewide voter registration system at any time
1411using a voter registration application submitted to a voter
1412registration official.
1413     (2)  The department and supervisors supervisor of elections
1414shall include in any correspondence, other than postcard
1415notifications and notices relating to eligibility, sent to a
1416provide to each registered voter information regarding of the
1417county the opportunity to update his or her signature on file at
1418the supervisor's office by providing notification of the ability
1419to do so in any correspondence, other than postcard
1420notifications, sent to the voter. The notice shall advise when,
1421where, and how to update the voter's signature and shall provide
1422the voter information on how to obtain a voter registration
1423application form from a voter registration official the
1424supervisor that can be returned to update the signature.
1425     (3)  In addition, At least once during each general
1426election year, the supervisor shall publish in a newspaper of
1427general circulation or other newspaper in the county deemed
1428appropriate by the supervisor a notice specifying when, where,
1429or how a voter can update his or her signature that is on file
1430and or how a voter can obtain a voter registration application
1431form from a voter registration official the supervisor to do so.
1432     (4)  All signature updates for use in verifying absentee
1433and provisional ballots must be received by the appropriate
1434supervisor of elections no later than the start of the
1435canvassing of absentee ballots by the canvassing board. The
1436signature on file at the start of the canvass of the absentees
1437is the signature that shall be used in verifying the signature
1438on the absentee and provisional ballot certificates.
1439     Section 23.  Section 98.081, Florida Statutes, is amended
1440to read:
1441     98.081  Names removed from the statewide voter registration
1442system books; restrictions on reregistering; recordkeeping;
1443restoration of erroneously or illegally removed names.--
1444     (1)  Any person who requested that his or her name be
1445removed from the statewide voter registration system books
1446between the book-closing date of the first primary and the date
1447of the second primary may not register in a different political
1448party until after the date of the second primary election.
1449     (2)  When the name of any elector is removed from the
1450statewide voter registration system books pursuant to s. 98.065
1451or, s. 98.075, or s. 98.093, the elector's original registration
1452application form shall be retained by the supervisor of
1453elections having custody of the application filed alphabetically
1454in the office of the supervisor. As alternatives, registrations
1455removed from the statewide voter registration system books may
1456be microfilmed and such microfilms substituted for the original
1457registration applications forms; or, when voter registration
1458information, including the voter's signature, is maintained
1459digitally or on electronic, magnetic, or optic media, such
1460stored information may be substituted for the original
1461registration application form. Such microfilms or stored
1462information shall be retained by the supervisor of elections
1463having in the custody of the supervisor. In the event the
1464original registration applications forms are microfilmed or
1465maintained digitally or on electronic or other media, such
1466originals may be destroyed in accordance with the schedule
1467approved by the Bureau of Archives and Records Management of the
1468Division of Library and Information Services of the department.
1469     (3)  When the name of any elector has been erroneously or
1470illegally removed from the statewide voter registration system
1471books, the name of the elector shall be restored by a voter
1472registration official the supervisor upon satisfactory proof,
1473even though the registration period for that election is closed.
1474     Section 24.  Section 98.093, Florida Statutes, is amended
1475to read:
1476     98.093  Duty of officials to furnish lists of deceased
1477persons, persons adjudicated mentally incapacitated, and persons
1478convicted of a felony.--
1479     (1)  In order to ensure the maintenance of accurate and
1480current voter registration records, it is necessary for the
1481department to receive certain information from state and federal
1482officials and entities. The department and supervisors of
1483elections shall use the information provided from the sources in
1484subsection (2) to maintain the voter registration records.
1485     (2)  To the maximum extent feasible, state and local
1486government agencies shall facilitate provision of information
1487and access to data to the department, including, but not limited
1488to, databases that contain reliable criminal records and records
1489of deceased persons. State and local government agencies that
1490provide such data shall do so without charge if the direct cost
1491incurred by those agencies is not significant.
1492     (a)  The Department of Health shall furnish monthly to the
1493department each supervisor of elections a list containing the
1494name, address, date of birth, date of death, social security
1495number, race, and sex of each deceased person 17 years of age or
1496older who was a resident of such supervisor's county.
1497     (b)(2)  Each clerk of the circuit court shall furnish
1498monthly to the department, at least once each month, deliver to
1499each supervisor of elections a list of those persons who have
1500been adjudicated mentally incapacitated with respect to voting
1501during the preceding calendar month, a list of those persons
1502whose mental capacity with respect to voting has been restored
1503during the preceding calendar month, and a list of those persons
1504who have returned signed jury notices during the preceding
1505months to the clerk of the circuit court indicating a change of
1506address. Each list shall include stating the name, address, date
1507of birth, race, and sex, and, whichever is available, the
1508Florida driver's license number, Florida identification card
1509number, or social security number of each such person convicted
1510of a felony during the preceding calendar month who was a
1511resident of that supervisor's county, a list stating the name,
1512address, date of birth, race, and sex of each person adjudicated
1513mentally incapacitated with respect to voting during the
1514preceding calendar month who was a resident of that supervisor's
1515county, and a list stating the name, address, date of birth,
1516race, and sex of each person whose mental capacity with respect
1517to voting has been restored who was a resident of that
1518supervisor's county.
1519     (c)(3)  Upon receipt of information from the United States
1520Attorney, listing persons convicted of a felony in federal
1521court, the department shall use such information to identify
1522registered voters or applicants for voter registration who may
1523be potentially ineligible based on information provided in
1524accordance with s. 98.075 immediately forward such information
1525to the supervisor of elections for the county where the offender
1527     (d)  From voter registration records provided from the
1528statewide voter registration system, the Department of Law
1529Enforcement shall identify, in a time and manner that enables
1530the department to meet its obligations under state and federal
1531law, those persons who have been convicted of a felony.
1532     (e)  The Board of Executive Clemency shall furnish monthly
1533to the department a list of those persons granted clemency in
1534the preceding month or any updates to prior records that have
1535occurred in the preceding month. The list shall contain the
1536Board of Executive Clemency case number, name, address, date of
1537birth, race, sex, social security number, if available, and
1538references to record identifiers assigned by the Department of
1539Corrections, a unique identifier of each clemency case, and the
1540effective date of clemency of each person.
1541     (f)  The Department of Corrections shall furnish monthly to
1542the department a list of those persons transferred to the
1543Department of Corrections in the preceding month or any updates
1544to prior records that have occurred in the preceding month. The
1545list shall contain the name, address, date of birth, race, sex,
1546social security number, Department of Corrections record
1547identification number, and associated Department of Law
1548Enforcement felony conviction record number of each person.
1549     (g)  The Department of Highway Safety and Motor Vehicles
1550shall furnish monthly to the department a list of those persons
1551whose names have been removed from the driver's license database
1552because they have been licensed in another state. The list shall
1553contain the name, address, date of birth, sex, social security
1554number, and driver's license number of each such person.
1555     (4)  Upon receipt of any such list, the supervisor shall
1556remove from the registration books the name of any person listed
1557who is deceased, convicted of a felony, or adjudicated mentally
1558incapacitated with respect to voting. A person who has had his
1559or her mental capacity with respect to voting restored or who
1560has had his or her right to vote restored after conviction of a
1561felony shall be required to reregister to have his or her name
1562restored to the registration books.
1563     (3)(5)  Nothing in this section shall limit or restrict the
1564supervisor in his or her duty to remove the names of such
1565persons from the statewide voter registration system pursuant to
1566s. 98.075(7) based upon books after verification of information
1567received from other sources.
1568     Section 25.  Effective August 1, 2006, section 98.0981,
1569Florida Statutes, is created to read:
1570     98.0981  Statewide voter registration database.--The
1571department shall send to the Legislature in electronic format a
1572file containing all voters qualified to vote in an election. The
1573file shall contain a unique identifier of the voter; the
1574information requested in the uniform statewide voter
1575registration application pursuant to s. 97.052(2), except for
1576such information that is by statute specifically identified as
1577confidential or exempt from public records requirements; the
1578date of registration; the representative district, senatorial
1579district, congressional district, and precinct in which the
1580voter resides; and whether the voter voted at the poll, by
1581absentee ballot, or by early vote at a designated location, or
1582whether the voter did not vote. If a person voted by absentee
1583ballot and the ballot was not counted, the file shall contain
1584the reason, where possible, that the ballot was not counted.
1585This file shall be delivered within 60 days after an election to
1586the Legislature.
1587     Section 26.  Section 98.212, Florida Statutes, is amended
1588to read:
1589     98.212  Department and supervisors to furnish statistical
1590and other information.--
1591     (1)(a)  Upon written request, the department and any
1592supervisor of the respective counties supervisors shall, as
1593promptly as possible, furnish to recognized public or private
1594universities and senior colleges within the state, to state or
1595county governmental agencies, and to recognized political party
1596committees statistical information for the purpose of analyzing
1597election returns and results.
1598     (b)  The department and any supervisor Supervisors may
1599require reimbursement for any part or all of the actual expenses
1600of supplying any information requested under paragraph (a). For
1601the purposes of this subsection, the department and supervisors
1602may use the services of any research and statistical personnel
1603that may be supplied.
1604     (c)  Lists of names submitted to the department and any
1605supervisor of the respective counties supervisors for indication
1606of registration or nonregistration or of party affiliation shall
1607be processed at any time at cost, except that in no case shall
1608the charge exceed 10 cents for each name on which the
1609information is furnished.
1610     (2)  The supervisors shall provide information as requested
1611by the department for program evaluation and reporting to the
1612Federal Election Assistance Commission pursuant to federal law
1613the National Voter Registration Act of 1993.
1614     Section 27.  Section 98.461, Florida Statutes, is amended
1615to read:
1616     98.461  Registration application form, precinct register;
1618     (1)  A registration application form, approved by the
1619Department of State, containing the information required in s.
162097.052 shall be retained by the supervisor of elections of the
1621county of the applicant's registration filed alphabetically in
1622the office of the supervisor as the master list of electors of
1623the county. However, the registration application forms may be
1624microfilmed and such microfilm microfilms substituted for the
1625original registration application forms; or, when voter
1626registration information, including the voter's signature, is
1627maintained digitally or on electronic, magnetic, or optic media,
1628such stored information may be substituted for the original
1629registration application form. Such microfilms or stored
1630information shall be retained in the custody of the supervisor
1631of elections of the county of the applicant's registration. In
1632the event the original registration applications forms are
1633microfilmed or maintained digitally or on electronic or other
1634media, such originals may be destroyed in accordance with the
1635schedule approved by the Bureau of Archives and Records
1636Management of the Division of Library and Information Services
1637of the Department of State. As an alternative, the information
1638from the registration form, including the signature, may be
1639electronically reproduced and stored as provided in s. 98.451.
1640     (2)  A computer printout or electronic database shall be
1641used at the polls as a precinct register in lieu of the
1642registration books. The precinct register shall contain the date
1643of the election, the precinct number, and the following
1644information concerning each registered elector: last name, first
1645name, and middle name or initial, and suffix; party affiliation;
1646residence address; registration number; date of birth; sex, if
1647provided; race, if provided; whether the voter needs assistance
1648in voting; and such other additional information as to readily
1649identify the elector. The precinct register shall also contain a
1650space for the elector's signature and a space for the initials
1651of the witnessing clerk or inspector or an electronic device may
1652be provided for this purpose.
1653     Section 28.  Effective January 1, 2007, section 100.371,
1654Florida Statutes, as amended by section 9 of chapter 2002-281,
1655Laws of Florida, is amended to read:
1656     100.371  Initiatives; procedure for placement on ballot.--
1657     (1)  Constitutional amendments proposed by initiative shall
1658be placed on the ballot for the general election provided the
1659initiative has been filed with occurring in excess of 90 days
1660from the certification of ballot position by the Secretary of
1661State no later than February 1 of the year the general election
1662is held. A petition shall be deemed to be filed with the
1663Secretary of State upon the date the secretary determines that
1664the petition has been signed by the constitutionally required
1665number of electors.
1666     (2)  Such certification shall be issued when the Secretary
1667of State has received verification certificates from the
1668supervisors of elections indicating that the requisite number
1669and distribution of valid signatures of electors have been
1670submitted to and verified by the supervisors. Every signature
1671shall be dated when made and shall be valid for a period of 4
1672years following such date, provided all other requirements of
1673law are complied with.
1674     (2)(3)  The sponsor of an initiative amendment shall, prior
1675to obtaining any signatures, register as a political committee
1676pursuant to s. 106.03 and submit the text of the proposed
1677amendment to the Secretary of State, with the form on which the
1678signatures will be affixed, and shall obtain the approval of the
1679Secretary of State of such form. The Secretary of State shall
1680adopt rules pursuant to s. 120.54 prescribing the style and
1681requirements of such form. Upon filing with the Secretary of
1682State, the text of the proposed amendment and all forms filed in
1683connection with this section must, upon request, be made
1684available in alternative formats.
1685     (3)(4)  Each signature shall be dated when made and shall
1686be valid for a period of 4 years following such date, provided
1687all other requirements of law are met. The sponsor shall submit
1688signed and dated forms to the appropriate supervisor of
1689elections for verification as to the number of registered
1690electors whose valid signatures appear thereon. The supervisor
1691shall promptly verify the signatures upon payment of the fee
1692required by s. 99.097. The supervisor shall promptly record each
1693valid signature in the statewide voter registration system in
1694the manner prescribed by the Secretary of State. The supervisor
1695shall, upon request, advise the sponsor of an initiative of the
1696number of signatures verified and recorded in the statewide
1697voter registration system. Upon completion of verification, the
1698supervisor shall execute a certificate indicating the total
1699number of signatures checked, the number of signatures verified
1700as valid and as being of registered electors, and the
1701distribution by congressional district. This certificate shall
1702be immediately transmitted to the Secretary of State. The
1703supervisor shall retain the signature forms for at least 1 year
1704following the election in which the issue appeared on the ballot
1705or until the Division of Elections notifies the supervisors of
1706elections that the committee which circulated the petition is no
1707longer seeking to obtain ballot position.
1708     (4)(5)  The Secretary of State shall determine from the
1709signatures verified by the verification certificates received
1710from supervisors of elections and recorded in the statewide
1711voter registration system the total number of verified valid
1712signatures and the distribution of such signatures by
1713congressional districts. Upon a determination that the requisite
1714number and distribution of valid signatures have been obtained,
1715the secretary shall issue a certificate of ballot position for
1716that proposed amendment and shall assign a designating number
1717pursuant to s. 101.161. A petition shall be deemed to be filed
1718with the Secretary of State upon the date of the receipt by the
1719secretary of a certificate or certificates from supervisors of
1720elections indicating the petition has been signed by the
1721constitutionally required number of electors.
1722     (5)(6)(a)  Within 45 days after receipt of a proposed
1723revision or amendment to the State Constitution by initiative
1724petition from the Secretary of State or, within 30 days after
1725such receipt if receipt occurs 120 days or less before the
1726election at which the question of ratifying the amendment will
1727be presented, the Financial Impact Estimating Conference shall
1728complete an analysis and financial impact statement to be placed
1729on the ballot of the estimated increase or decrease in any
1730revenues or costs to state or local governments resulting from
1731the proposed initiative. The Financial Impact Estimating
1732Conference shall submit the financial impact statement to the
1733Attorney General and Secretary of State.
1734     (b)1.  The Financial Impact Estimating Conference shall
1735provide an opportunity for any proponents or opponents of the
1736initiative to submit information and may solicit information or
1737analysis from any other entities or agencies, including the
1738Office of Economic and Demographic Research. All meetings of the
1739Financial Impact Estimating Conference shall be open to the
1740public as provided in chapter 286.
1741     2.  The Financial Impact Estimating Conference is
1742established to review, analyze, and estimate the financial
1743impact of amendments to or revisions of the State Constitution
1744proposed by initiative. The Financial Impact Estimating
1745Conference shall consist of four principals: one person from the
1746Executive Office of the Governor; the coordinator of the Office
1747of Economic and Demographic Research, or his or her designee;
1748one person from the professional staff of the Senate; and one
1749person from the professional staff of the House of
1750Representatives. Each principal shall have appropriate fiscal
1751expertise in the subject matter of the initiative. A Financial
1752Impact Estimating Conference may be appointed for each
1754     3.  Principals of the Financial Impact Estimating
1755Conference shall reach a consensus or majority concurrence on a
1756clear and unambiguous financial impact statement, no more than
175775 words in length, and immediately submit the statement to the
1758Attorney General. Nothing in this subsection prohibits the
1759Financial Impact Estimating Conference from setting forth a
1760range of potential impacts in the financial impact statement.
1761Any financial impact statement that a court finds not to be in
1762accordance with this section shall be remanded solely to the
1763Financial Impact Estimating Conference for redrafting. The
1764Financial Impact Estimating Conference shall redraft the
1765financial impact statement within 15 days.
1766     4.  If the members of the Financial Impact Estimating
1767Conference are unable to agree on the statement required by this
1768subsection, or if the Supreme Court has rejected the initial
1769submission by the Financial Impact Estimating Conference and no
1770redraft has been approved by the Supreme Court by 5 p.m. on the
177175th day before the election, the following statement shall
1772appear on the ballot pursuant to s. 101.161(1): "The financial
1773impact of this measure, if any, cannot be reasonably determined
1774at this time."
1775     (c)  The financial impact statement must be separately
1776contained and be set forth after the ballot summary as required
1777in s. 101.161(1).
1778     (d)1.  Any financial impact statement that the Supreme
1779Court finds not to be in accordance with this subsection shall
1780be remanded solely to the Financial Impact Estimating Conference
1781for redrafting, provided the court's advisory opinion is
1782rendered at least 75 days before the election at which the
1783question of ratifying the amendment will be presented. The
1784Financial Impact Estimating Conference shall prepare and adopt a
1785revised financial impact statement no later than 5 p.m. on the
178615th day after the date of the court's opinion.
1787     2.  If, by 5 p.m. on the 75th day before the election, the
1788Supreme Court has not issued an advisory opinion on the initial
1789financial impact statement prepared by the Financial Impact
1790Estimating Conference for an initiative amendment that otherwise
1791meets the legal requirements for ballot placement, the financial
1792impact statement shall be deemed approved for placement on the
1794     3.  In addition to the financial impact statement required
1795by this subsection, the Financial Impact Estimating Conference
1796shall draft an initiative financial information statement. The
1797initiative financial information statement should describe in
1798greater detail than the financial impact statement any projected
1799increase or decrease in revenues or costs that the state or
1800local governments would likely experience if the ballot measure
1801were approved. If appropriate, the initiative financial
1802information statement may include both estimated dollar amounts
1803and a description placing the estimated dollar amounts into
1804context. The initiative financial information statement must
1805include both a summary of not more than 500 words and additional
1806detailed information that includes the assumptions that were
1807made to develop the financial impacts, workpapers, and any other
1808information deemed relevant by the Financial Impact Estimating
1810     4.  The Department of State shall have printed, and shall
1811furnish to each supervisor of elections, a copy of the summary
1812from the initiative financial information statements. The
1813supervisors shall have the summary from the initiative financial
1814information statements available at each polling place and at
1815the main office of the supervisor of elections upon request.
1816     5.  The Secretary of State and the Office of Economic and
1817Demographic Research shall make available on the Internet each
1818initiative financial information statement in its entirety. In
1819addition, each supervisor of elections whose office has a
1820website shall post the summary from each initiative financial
1821information statement on the website. Each supervisor shall
1822include the Internet addresses for the information statements on
1823the Secretary of State's and the Office of Economic and
1824Demographic Research's websites in the publication or mailing
1825required by s. 101.20.
1826     (6)(7)  The Department of State may adopt rules in
1827accordance with s. 120.54 to carry out the provisions of
1828subsections (1)-(5)(6).
1829     Section 29.  Subsection (3) of section 101.001, Florida
1830Statutes, is amended to read:
1831     101.001  Precincts and polling places; boundaries.--
1832     (3)(a)  Each supervisor of elections shall maintain a
1833suitable map drawn to a scale no smaller than 3 miles to the
1834inch and clearly delineating all major observable features such
1835as roads, streams, and railway lines and showing the current
1836geographical boundaries of each precinct, representative
1837district, and senatorial district, and other type of district in
1838the county subject to the elections process in this code.
1839     (b)  The supervisor of elections shall notify the Secretary
1840of State in writing within 30 days after of any reorganization
1841of precincts and shall furnish a copy of the map showing the
1842current geographical boundaries and designation of each new
1843precinct. However, if precincts are composed of whole census
1844blocks, the supervisor may furnish, in lieu of a copy of the
1845map, a list, in an electronic format prescribed by the
1846Department of State, associating each census block in the county
1847with its precinct.
1848     (c)  Any precinct established or altered under the
1849provisions of this section shall consist of areas bounded on all
1850sides only by:
1851     1.  Visible features that are readily distinguishable upon
1852the ground, such as streets, railroad tracks, streams, and
1853lakes, and that are indicated upon current census maps, official
1854Department of Transportation maps, official municipal maps,
1855official county maps, or a combination of such maps;
1856     2.  The boundaries of public parks, public school grounds,
1857or churches; or
1858     3.  The boundaries of counties and incorporated
1860     (d)  Until July 1, 2012, a supervisor may apply for and
1861obtain from the Secretary of State a waiver of the requirement
1862in paragraph (c).
1863     Section 30.  Subsections (1) and (3) of section 101.043,
1864Florida Statutes, are amended to read:
1865     101.043  Identification required at polls.--
1866     (1)  The precinct register, as prescribed in s. 98.461,
1867shall be used at the polls in lieu of the registration books for
1868the purpose of identifying the elector at the polls prior to
1869allowing him or her to vote. The clerk or inspector shall
1870require each elector, upon entering the polling place, to
1871present one of the following a current and valid picture
1873     (a)  Florida driver's license.
1874     (b)  Florida identification card issued by the Department
1875of 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.
1887If the picture identification does not contain the signature of
1888the voter, an additional identification that provides the
1889voter's signature shall be required. The elector shall sign his
1890or her name in the space provided on the precinct register or on
1891an electronic device provided for recording the voter's
1892signature., and The clerk or inspector shall compare the
1893signature with that on the identification provided by the
1894elector and enter his or her initials in the space provided on
1895the precinct register or on an electronic device provided for
1896that purpose and allow the elector to vote if the clerk or
1897inspector is satisfied as to the identity of the elector.
1898     (3)  If the elector who fails to furnish the required
1899identification is an elector subject to s. 97.0535 a first-time
1900voter who registered by mail and has not provided the required
1901identification to a voter registration official the supervisor
1902of elections prior to election day, the elector shall be allowed
1903to vote a provisional ballot. The canvassing board shall
1904determine the validity of the ballot pursuant to s. 101.048(2).
1905     Section 31.  Subsections (2) and (3) of section 101.045,
1906Florida Statutes, are amended to read:
1907     101.045  Electors must be registered in precinct;
1908provisions for residence or name change.--
1909     (2)(a)  An elector who moves from the precinct within the
1910county in which the elector is registered may be permitted to
1911vote in the precinct to which he or she has moved his or her
1912legal residence, provided such elector completes an affirmation
1913in substantially the following form:
Change of Legal Residence of Registered
1918Under penalties for false swearing, I,   (Name of voter)  ,
1919swear (or affirm) that the former address of my legal residence
1920was   (Address of legal residence)   in the municipality of
1921_____, in _____ County, Florida, and I was registered to vote in
1922the _____ precinct of _____ County, Florida; that I have not
1923voted in the precinct of my former registration in this
1924election; that I now reside at   (Address of legal residence)  
1925in the Municipality of _____, in _____ County, Florida, and am
1926therefore eligible to vote in the _____ precinct of _____
1927County, Florida; and I further swear (or affirm) that I am
1928otherwise legally registered and entitled to vote.
1930  (Signature of voter whose address of legal residence has
1933     (b)  An elector whose name changes because of marriage or
1934other legal process may be permitted to vote, provided such
1935elector completes an affirmation in substantially the following
Change of Name of Registered
1941Under penalties for false swearing, I,   (New name of voter)  ,
1942swear (or affirm) that my name has been changed because of
1943marriage or other legal process. My former name and address of
1944legal residence appear on the registration records books of
1945precinct _____ as follows:
1950Florida, Zip
1951My present name and address of legal residence are as follows:
1956Florida, Zip
1957and I further swear (or affirm) that I am otherwise legally
1958registered and entitled to vote.
1960  (Signature of voter whose name has changed)
1962     (c)  Such affirmation, when completed and presented at the
1963precinct in which such elector is entitled to vote, and upon
1964verification of the elector's registration, shall entitle such
1965elector to vote as provided in this subsection. If the elector's
1966eligibility to vote cannot be determined, he or she shall be
1967entitled to vote a provisional ballot, subject to the
1968requirements and procedures in s. 101.048. Upon receipt of an
1969affirmation certifying a change in address of legal residence or
1970name, the supervisor shall as soon as practicable make the
1971necessary changes in the statewide voter registration system
1972records of the county to indicate the change in address of legal
1973residence or name of such elector.
1974     (d)  Instead of the affirmation contained in paragraph (a)
1975or paragraph (b), an elector may complete a voter registration
1976application that indicates the change of name or change of
1977address of legal residence.
1978     (e)  A request for an absentee ballot pursuant to s. 101.62
1979which indicates that the elector has had a change of address of
1980legal residence from that in the supervisor's records shall be
1981sufficient as the notice to the supervisor of change of address
1982of legal residence required by this section. Upon receipt of
1983such request for an absentee ballot from an elector who has
1984changed his or her address of legal residence, the supervisor
1985shall provide the elector with the proper ballot for the
1986precinct in which the elector then has his or her legal
1988     (3)  When an elector's name does not appear on the
1989registration books of the election precinct in which the elector
1990is registered, the elector may have his or her name restored if
1991the supervisor is otherwise satisfied that the elector is
1992validly registered, that the elector's name has been erroneously
1993omitted from the books, and that the elector is entitled to have
1994his or her name restored. The supervisor, if he or she is
1995satisfied as to the elector's previous registration, shall allow
1996such person to vote and shall thereafter issue a duplicate
1997registration identification card.
1998     Section 32.  Subsection (1) of section 101.048, Florida
1999Statutes, is amended to read:
2000     101.048  Provisional ballots.--
2001     (1)  At all elections, a voter claiming to be properly
2002registered in the state county and eligible to vote at the
2003precinct in the election, but whose eligibility cannot be
2004determined, and other persons specified in the code shall be
2005entitled to vote a provisional ballot. Once voted, the
2006provisional ballot shall be placed in a secrecy envelope and
2007thereafter sealed in a provisional ballot envelope. The
2008provisional ballot shall be deposited in a ballot box. All
2009provisional ballots shall remain sealed in their envelopes for
2010return to the supervisor of elections. The department shall
2011prescribe the form of the provisional ballot envelope.
2012     Section 33.  Effective January 1, 2007, subsection (1) of
2013section 101.161, Florida Statutes, is amended to read:
2014     101.161  Referenda; ballots.--
2015     (1)  Whenever a constitutional amendment or other public
2016measure is submitted to the vote of the people, the substance of
2017such amendment or other public measure shall be printed in clear
2018and unambiguous language on the ballot after the list of
2019candidates, followed by the word "yes" and also by the word
2020"no," and shall be styled in such a manner that a "yes" vote
2021will indicate approval of the proposal and a "no" vote will
2022indicate rejection. The wording of the substance of the
2023amendment or other public measure and the ballot title to appear
2024on the ballot shall be embodied in the joint resolution,
2025constitutional revision commission proposal, constitutional
2026convention proposal, taxation and budget reform commission
2027proposal, or enabling resolution or ordinance. Except for
2028amendments and ballot language proposed by joint resolution, the
2029substance of the amendment or other public measure shall be an
2030explanatory statement, not exceeding 75 words in length, of the
2031chief purpose of the measure. In addition, for every amendment
2032proposed by initiative, the ballot shall include, following the
2033ballot summary, a separate financial impact statement concerning
2034the measure prepared by the Financial Impact Estimating
2035Conference in accordance with s. 100.371(5)(6). The ballot title
2036shall consist of a caption, not exceeding 15 words in length, by
2037which the measure is commonly referred to or spoken of.
2038     Section 34.  Subsection (2) of section 101.56062, Florida
2039Statutes, as created by section 12 of chapter 2002-281, Laws of
2040Florida, is amended to read:
2041     101.56062  Standards for accessible voting systems.--
2042     (2)  Such voting system must include at least one
2043accessible voter interface device installed in each polling
2044place precinct which meets the requirements of this section,
2045except for paragraph (1)(d).
2046     Section 35.  Subsection (1) of section 101.5608, Florida
2047Statutes, is amended to read:
2048     101.5608  Voting by electronic or electromechanical method;
2050     (1)  Each elector desiring to vote shall be identified to
2051the clerk or inspector of the election as a duly qualified
2052elector of such election and shall sign his or her name on the
2053in ink or indelible pencil to an identification blank, signature
2054slip, precinct register, or other form or device provided by the
2055supervisor ballot stub on which the ballot serial number may be
2056recorded. The inspector shall compare the signature with the
2057signature on the identification provided by the elector. If the
2058inspector is reasonably sure that the person is entitled to
2059vote, the inspector shall provide the person with a ballot.
2060     Section 36.  Effective August 1, 2006, section 101.573,
2061Florida 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
2064or runoff, whichever occurs later, a presidential preference
2065primary, or a general election, the supervisor of elections
2066shall file with the Department of State precinct-level election
2067results for that election cycle, including any primary
2068elections. Precinct-level election results shall record for each
2069precinct the returns of ballots cast at the precinct location to
2070which have been added the returns of absentee and early ballots
2071cast by voters registered in the precinct.
2072     (2)  The Department of State shall adopt rules pursuant to
2073ss. 120.536(1) and 120.54 prescribing the form by which
2074supervisors of elections shall submit election results for each
2076     Section 37.  Effective January 1, 2007, paragraph (a) of
2077subsection (4) of section 101.62, Florida Statutes, is amended
2078to read:
2079     101.62  Request for absentee ballots.--
2080     (4)(a)  To each absent qualified elector overseas who has
2081requested an absentee ballot, the supervisor of elections shall,
2082not fewer than 35 days before the first primary election, mail
2083an absentee ballot. Not fewer than 45 days before the second
2084primary and general election, the supervisor of elections shall
2085mail an advance absentee ballot to those persons requesting
2086ballots for such elections. The advance absentee ballot for the
2087second primary shall be the same as the first primary absentee
2088ballot as to the names of candidates, except that for any
2089offices where there are only two candidates, those offices and
2090all political party executive committee offices shall be
2091omitted. Except as provided in ss. 99.063(4) and 100.371(5)(6),
2092the advance absentee ballot for the general election shall be as
2093specified in s. 101.151, except that in the case of candidates
2094of political parties where nominations were not made in the
2095first primary, the names of the candidates placing first and
2096second in the first primary election shall be printed on the
2097advance absentee ballot. The advance absentee ballot or advance
2098absentee ballot information booklet shall be of a different
2099color for each election and also a different color from the
2100absentee ballots for the first primary, second primary, and
2101general election. The supervisor shall mail an advance absentee
2102ballot for the second primary and general election to each
2103qualified absent elector for whom a request is received until
2104the absentee ballots are printed. The supervisor shall enclose
2105with the advance second primary absentee ballot and advance
2106general election absentee ballot an explanation stating that the
2107absentee ballot for the election will be mailed as soon as it is
2108printed; and, if both the advance absentee ballot and the
2109absentee ballot for the election are returned in time to be
2110counted, only the absentee ballot will be counted. The
2111Department of State may prescribe by rule the requirements for
2112preparing and mailing absentee ballots to absent qualified
2113electors overseas.
2114     Section 38.  Subsection (3) is added to section 101.64,
2115Florida Statutes, to read:
2116     101.64  Delivery of absentee ballots; envelopes; form.--
2117     (3)  The supervisor shall mark, code, indicate on, or
2118otherwise track the precinct of the absent elector for each
2119absentee ballot.
2120     Section 39.  Paragraph (a) of subsection (1) of section
2121101.657, Florida Statutes, is amended to read:
2122     101.657  Early voting.--
2123     (1)(a)  The supervisor of elections shall allow an elector
2124to vote early in the main or branch office of the supervisor by
2125depositing the voted ballot in a voting device used by the
2126supervisor to collect or tabulate ballots. The supervisor shall
2127mark, code, indicate on, or otherwise track the voter's precinct
2128for each early voted ballot. In order for a branch office to be
2129used for early voting, it shall be a full-service facility of
2130the supervisor and shall have been designated as such at least 1
2131year prior to the election. The supervisor may designate any
2132city hall or public library as early voting sites; however, if
2133so designated, the sites must be geographically located so as to
2134provide all voters in the county an equal opportunity to cast a
2135ballot, insofar as is practicable. The results or tabulation may
2136not be made before the close of the polls on election day.
2137     Section 40.  Section 101.663, Florida Statutes, is amended
2138to read:
2139     101.663  Electors; change of residence to another state.--
2140     (1)  An elector who changes his or her residence to another
2141county in Florida from the county in Florida in which he or she
2142is registered as an elector after the books in the county to
2143which the elector has changed his or her residence are closed
2144for any general, primary, or special election shall be permitted
2145to vote absentee in the county of his or her former residence in
2146that election for President and Vice President, United States
2147Senator, statewide offices, and statewide issues. Such person
2148shall not be permitted to vote in the county of the person's
2149former residence after the general election.
2150     (2)  An elector registered in this state who moves his or
2151her permanent residence to another state and who is prohibited
2152by the laws of that state from voting for the offices of
2153President and Vice President of the United States shall be
2154permitted to vote absentee in the county of his or her former
2155residence for those offices.
2156     Section 41.  Subsection (1) of section 101.6921, Florida
2157Statutes, is amended to read:
2158     101.6921  Delivery of special absentee ballot to certain
2159first-time voters.--
2160     (1)  The provisions of this section apply to voters who are
2161subject to the provisions of s. 97.0535 registered to vote by
2162mail, who have not previously voted in the county, and who have
2163not provided the identification or certification required by s.
216497.0535 by the time the absentee ballot is mailed.
2165     Section 42.  Section 101.6923, Florida Statutes, is amended
2166to read:
2167     101.6923  Special absentee ballot instructions for certain
2168first-time voters.--
2169     (1)  The provisions of this section apply to voters who are
2170subject to the provisions of s. 97.0535 registered to vote by
2171mail, who have not previously voted in the county, and who have
2172not provided the identification or information required by s.
217397.0535 by the time the absentee ballot is mailed.
2174     (2)  A voter covered by this section shall be provided with
2175the following printed instructions with his or her absentee
2176ballot in substantially the following form:
2182     1.  In order to ensure that your absentee ballot will be
2183counted, it should be completed and returned as soon as possible
2184so that it can reach the supervisor of elections of the county
2185in which your precinct is located no later than 7 p.m. on the
2186date of the election.
2187     2.  Mark your ballot in secret as instructed on the ballot.
2188You must mark your own ballot unless you are unable to do so
2189because of blindness, disability, or inability to read or write.
2190     3.  Mark only the number of candidates or issue choices for
2191a race as indicated on the ballot. If you are allowed to "Vote
2192for One" candidate and you vote for more than one, your vote in
2193that race will not be counted.
2194     4.  Place your marked ballot in the enclosed secrecy
2195envelope and seal the envelope.
2196     5.  Insert the secrecy envelope into the enclosed envelope
2197bearing the Voter's Certificate. Seal the envelope and
2198completely fill out the Voter's Certificate on the back of the
2200     a.  You must sign your name on the line above (Voter's
2202     b.  If you are an overseas voter, you must include the date
2203you signed the Voter's Certificate on the line above (Date) or
2204your ballot may not be counted.
2205     6.  Unless you meet one of the exemptions in Item 7., you
2206must make a copy of one of the following forms of
2208     a.  Identification which must include your name and
2209photograph: current and valid Florida driver's license; Florida
2210identification card issued by the Department of Highway Safety
2211and Motor Vehicles; United States passport; employee badge or
2212identification; buyer's club identification card; debit or
2213credit card; military identification; student identification;
2214retirement center identification; neighborhood association
2215identification; entertainment identification; or public
2216assistance identification; or
2217     b.  Identification which shows your name and current
2218residence address: current utility bill, bank statement,
2219government check, paycheck, or government document (excluding
2220voter identification card).
2221     7.  The identification requirements of Item 6. do not apply
2222if 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
2226who, by reason of such active duty, will be absent from the
2227county on election day.
2228     d.  You are a member of the Merchant Marine who, by reason
2229of service in the Merchant Marine, will be absent from the
2230county on election day.
2231     e.  You are the spouse or dependent of a member referred to
2232in paragraph c. or paragraph d. who, by reason of the active
2233duty or service of the member, will be absent from the county on
2234election day.
2235     f.  You are currently residing outside the United States.
2236     8.  Place the envelope bearing the Voter's Certificate into
2237the mailing envelope addressed to the supervisor. Insert a copy
2238of your identification in the mailing envelope. DO NOT PUT YOUR
2242     9.  Mail, deliver, or have delivered the completed mailing
2243envelope. Be sure there is sufficient postage if mailed.
2244     10.  FELONY NOTICE. It is a felony under Florida law to
2245accept any gift, payment, or gratuity in exchange for your vote
2246for a candidate. It is also a felony under Florida law to vote
2247in an election using a false identity or false address, or under
2248any other circumstances making your ballot false or fraudulent.
2249     Section 43.  Subsection (3) of section 102.012, Florida
2250Statutes, is amended to read:
2251     102.012  Inspectors and clerks to conduct elections.--
2252     (3)  The supervisor shall furnish inspectors of election
2253for each precinct with the list of registered electors for that
2254precinct registration books divided alphabetically as will best
2255facilitate the holding of an election. The supervisor shall also
2256furnish to the inspectors of election at the polling place at
2257each precinct in the supervisor's county a sufficient number of
2258forms and blanks for use on election day.
2259     Section 44.  Subsections (1), (2), and (3) of section
2260104.013, Florida Statutes, are amended to read:
2261     104.013  Unauthorized use, possession, or destruction of
2262voter information registration identification card.--
2263     (1)  It is unlawful for any person knowingly to have in his
2264or her possession any blank, forged, stolen, fictitious,
2265counterfeit, or unlawfully issued voter information registration
2266identification card unless possession by such person has been
2267duly authorized by the supervisor.
2268     (2)  It is unlawful for any person to barter, trade, sell,
2269or give away a voter information registration identification
2270card unless said person has been duly authorized to issue a
2271voter information registration identification card.
2272     (3)  It is unlawful for any person willfully to destroy or
2273deface the information registration identification card of a
2274duly registered voter.
2275     Section 45.  Subsection (7) is added to section 106.0705,
2276Florida Statutes, to read:
2277     106.0705  Electronic filing of campaign treasurer's
2279     (7)  Notwithstanding anything in law to the contrary, any
2280report required to have been filed under this section for the
2281period ended March 31, 2005, shall be deemed to have been timely
2282filed if the report is filed under this section on or before
2283June 1, 2005.
2284     Section 46.  Section 106.34, Florida Statutes, is amended
2285to read:
2286     106.34  Expenditure limits.--
2287     (1)  Any candidate for Governor and Lieutenant Governor or
2288Cabinet officer who requests contributions from the Election
2289Campaign Financing Trust Fund shall limit his or her total
2290expenditures as follows:
2291     (a)  Governor and Lieutenant Governor: $2 for each Florida
2292registered 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
2296election opposition only shall be 60 percent of the limit
2297provided in subsection (1).
2298     (3)  For purposes of this section, "Florida registered
2299voter" means a voter who is registered to vote in Florida as of
2300June 30 of each odd-numbered year. The Division of Elections
2301shall certify the total number of Florida registered voters no
2302later than July 31 of each odd-numbered year. Such total number
2303shall be calculated by adding the number of registered voters in
2304each county as of June 30 of the year of the certification date.
2305For the 2006 general election, the Division of Elections shall
2306certify the total number of Florida registered voters by July
230731, 2005 The expenditure limit shall be adjusted by the
2308Secretary of State quadrennially to reflect the rate of
2309inflation or deflation as indicated in the Consumer Price Index
2310for All Urban Consumers, U.S. City Average, All Items, 1967=100,
2311or successor reports as reported by the United States Department
2312of 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
2315legal and accounting services rendered on behalf of a candidate.
2316     Section 47.  Section 196.141, Florida Statutes, is amended
2317to read:
2318     196.141  Homestead exemptions; duty of property
2320     (1)  The property appraiser shall examine each claim for
2321exemption filed with or referred to him or her and shall allow
2322the same, if found to be in accordance with law, by marking the
2323same approved and by making the proper deductions on the tax
2325     (2)  The property appraiser shall examine each referral, of
2326a person registering to vote at an address different from the
2327one where the person has filed for a homestead exemption, which
2328has been provided by a supervisor of elections pursuant to s.
232998.015. The property appraiser shall initiate procedures to
2330terminate a person's homestead exemption and assess back taxes,
2331if appropriate, if the person claiming such exemption is not
2332entitled to the exemption under law.
2333     Section 48.  Paragraph (b) of subsection (4) of section
2334120.54, Florida Statutes, is amended to read:
2335     120.54  Rulemaking.--
2336     (4)  EMERGENCY RULES.--
2337     (b)  Rules pertaining to the public health, safety, or
2338welfare shall include rules pertaining to perishable
2339agricultural commodities or rules pertaining to the
2340interpretation and implementation of the requirements of
2341chapters 97 through 102 and 105 of the Florida Election Code
2342which are filed when not more than 60 days remain before an
2343election as defined in s. 97.021 or which are filed during the
2344time period after the election and before certification of the
2345election pursuant to s. 102.112 or s. 102.121.
2346     Section 49.  Subsection (1) of section 99.061, Florida
2347Statutes, is amended to read:
2348     99.061  Method of qualifying for nomination or election to
2349federal, state, county, or district office.--
2350     (1)  The provisions of any special act to the contrary
2351notwithstanding, each person seeking to qualify for nomination
2352or election to a federal, state, or multicounty district office,
2353other than election to a judicial office as defined in chapter
2354105 or the office of school board member, shall file his or her
2355qualification papers with, and pay the qualifying fee, which
2356shall consist of the filing fee and election assessment, and
2357party assessment, if any has been levied, to, the Department of
2358State, or qualify by the alternative method with the Department
2359of State, at any time after noon of the 1st day for qualifying,
2360which shall be as follows: the 120th day prior to the first
2361primary, but not later than noon of the 116th day prior to the
2362date of the first primary, for persons seeking to qualify for
2363nomination or election to federal office or the office of the
2364state attorney or public defender; and noon of the 50th day
2365prior to the first primary, but not later than noon of the 46th
2366day prior to the date of the first primary, for persons seeking
2367to qualify for nomination or election to a state or multicounty
2368district office other than the office of state attorney or
2369public defender.
2370     Section 50.  Sections 98.055, 98.095, 98.0977, 98.0979,
237198.101, 98.181, 98.231, 98.451, 98.481, and 101.635, Florida
2372Statutes, are repealed.
2373     Section 51.  Except as otherwise provided herein, this act
2374shall take effect January 1, 2006.

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