1 | A bill to be entitled |
2 | An act relating to elections; amending s. 97.012, F.S.; |
3 | revising the duties of the Secretary of State and the |
4 | Department of State relating to election laws; providing |
5 | for rulemaking; authorizing the Secretary of State to |
6 | delegate voter registration and records maintenance duties |
7 | to voter registration officials; providing that the |
8 | secretary has a duty to bring legal action to enforce the |
9 | performance of county supervisors of elections or other |
10 | officials performing duties relating to the Florida |
11 | Election Code; providing a prerequisite to bringing such |
12 | an action; providing venue; requiring that courts give |
13 | priority to such an action; providing penalties; providing |
14 | for the adoption of rules; amending s. 97.021, F.S.; |
15 | revising and providing definitions; amending s. 97.026, |
16 | F.S.; providing rulemaking authority to make forms |
17 | available in alternative formats and via the Internet; |
18 | correcting a cross-reference; amending s. 97.051, F.S.; |
19 | revising the oath taken by a person registering to vote; |
20 | amending s. 97.052, F.S.; requiring that the uniform |
21 | statewide voter registration application be accepted for |
22 | replacement of a voter information card and signature |
23 | update; revising the information the uniform statewide |
24 | voter registration application must contain and must |
25 | elicit from the applicant; providing for the failure of a |
26 | voter registration applicant to answer questions on the |
27 | voter registration application; amending s. 97.053, F.S.; |
28 | revising the criteria for completeness of a voter |
29 | registration application; specifying the possible valid |
30 | recipients of a mailed voter registration application; |
31 | revising the information needed on a voter registration |
32 | application to establish an applicant's eligibility; |
33 | providing for verification of authenticity of certain |
34 | voter registration application information; providing for |
35 | a provisional ballot to be provided to an applicant if the |
36 | application is not verified by a certain date; requiring a |
37 | voter registration official to enter all voter |
38 | registration applications into the voter registration |
39 | system within a certain time period and forward such |
40 | applications to the supervisor of elections; amending s. |
41 | 97.0535, F.S.; providing for applicants who have no valid |
42 | Florida driver's license, identification card, or social |
43 | security number; amending s. 97.055, F.S.; specifying the |
44 | information updates permitted for purposes of an upcoming |
45 | election once registration books are closed; amending s. |
46 | 97.057, F.S.; revising the voter registration procedure by |
47 | the Department of Highway Safety and Motor Vehicles; |
48 | amending s. 97.058, F.S.; revising duties of voter |
49 | registration agencies; amending s. 97.061, F.S.; revising |
50 | special registration procedures for electors requiring |
51 | assistance; amending s. 97.071, F.S.; redesignating the |
52 | registration identification card as the voter information |
53 | card; revising the required contents of the card; deleting |
54 | provisions relating to the second primary; amending s. |
55 | 97.073, F.S.; revising the procedure by which an applicant |
56 | must supply missing information on the voter registration |
57 | application; revising provisions relating to cancellation |
58 | of previous registration; amending s. 97.1031, F.S.; |
59 | revising provisions relating to notice of change of |
60 | residence, name, or party affiliation; amending s. 97.105, |
61 | F.S., relating to establishment of the permanent single |
62 | registration system, to conform; amending s. 98.015, F.S.; |
63 | revising the duties of supervisors of elections; creating |
64 | s. 98.035, F.S.; establishing a statewide voter |
65 | registration system; requiring the Secretary of State to |
66 | be responsible for the implementation, operation, and |
67 | maintenance of the system; prohibiting the department from |
68 | contracting with any other entity to operate the system; |
69 | authorizing the department to adopt rules relating to the |
70 | access, use, and operation of the system; amending s. |
71 | 98.045, F.S.; revising provisions relating to |
72 | administration of voter registration; providing for the |
73 | responsibility of such administration to be undertaken by |
74 | the department in lieu of supervisors of elections; |
75 | specifying ineligibility criteria; revising provisions |
76 | relating to removal of registered voters; revising |
77 | provisions relating to public records access and |
78 | retention; providing for the establishment of a statewide |
79 | electronic database of valid residential street addresses; |
80 | authorizing the department to adopt rules relating to |
81 | certain voter registration system forms; amending s. |
82 | 98.065, F.S.; revising provisions relating to registration |
83 | records maintenance; providing for change of address; |
84 | providing limitations on notice and renewal; requiring |
85 | supervisors of elections to certify to the department |
86 | certain list maintenance activities; providing penalties; |
87 | amending s. 98.075, F.S.; providing for registration |
88 | records maintenance by the department; providing |
89 | procedures in cases involving duplicate registration, |
90 | deceased persons, adjudication of mental incapacity, |
91 | felony conviction, and other bases for ineligibility; |
92 | providing procedures for removal; requiring supervisors of |
93 | elections to certify to the department certain |
94 | registration records maintenance activities; creating s. |
95 | 98.0755, F.S.; providing for appeal of a determination of |
96 | ineligibility; providing for jurisdiction, burden of |
97 | proof, and trial costs; amending s. 98.077, F.S.; revising |
98 | provisions relating to updating a voter's signature; |
99 | amending s. 98.081, F.S., relating to removal of names |
100 | from the statewide voter registration system, to conform; |
101 | deleting provisions relating to the second primary; |
102 | amending s. 98.093, F.S.; revising the duty of officials |
103 | to furnish lists of deceased persons, persons adjudicated |
104 | mentally incapacitated, and persons convicted of a felony; |
105 | creating 98.0981, F.S.; requiring the department to |
106 | furnish certain voter information to the Legislature; |
107 | amending s. 98.212, F.S., relating to furnishing of |
108 | statistical and other information, to conform; amending s. |
109 | 98.461, F.S.; authorizing use of an electronic database as |
110 | a precinct register and use of an electronic device for |
111 | voter signatures and witness initials; amending s. |
112 | 100.371, F.S.; revising the procedure by which |
113 | constitutional amendments proposed by initiative shall be |
114 | placed on the ballot; amending s. 101.001, F.S.; revising |
115 | requirements of supervisors relating to precincts and |
116 | precinct boundaries; providing exceptions; amending s. |
117 | 101.043, F.S.; revising requirements and procedures |
118 | relating to identification required at polls; amending s. |
119 | 101.045, F.S., relating to provisions for residence or |
120 | name change at the polls, to conform; amending s. 101.048, |
121 | F.S., relating to provisional ballots, to conform; |
122 | amending s. 101.161, F.S.; conforming a cross-reference; |
123 | amending s. 101.56062, F.S., relating to standards for |
124 | accessible voting systems, to conform; amending s. |
125 | 101.5608, F.S.; revising a provision relating to an |
126 | elector's signature provided with identification prior to |
127 | voting; creating s. 101.573, F.S.; requiring supervisors |
128 | of elections to file precinct-level election results; |
129 | requiring the Department of State to adopt rules; amending |
130 | s. 101.62, F.S.; conforming a cross-reference; amending |
131 | ss. 101.64 and 101.657, F.S.; requiring that the |
132 | supervisor of elections indicate on each absentee or early |
133 | voted ballot the precinct of the voter; amending s. |
134 | 101.663, F.S., relating to change of residence, to |
135 | conform; amending s. 101.6921, F.S., relating to delivery |
136 | of special absentee ballots to certain first-time voters, |
137 | to conform; amending s. 101.6923, F.S., relating to |
138 | special absentee ballot instructions for certain first- |
139 | time voters, to conform; amending s. 102.012, F.S., |
140 | relating to conduct of elections by inspectors and clerks, |
141 | to conform; amending s. 104.013, F.S., relating to |
142 | unauthorized use, possession, or destruction of voter |
143 | information cards, to conform; amending s. 106.0705, F.S.; |
144 | providing for the timely filing of certain reports; |
145 | amending s. 106.08; providing for contribution limits to |
146 | statewide candidates; amending s. 106.33, F.S.; increasing |
147 | certain contribution limits; amending s. 106.34, F.S.; |
148 | revising provisions relating to certain candidate |
149 | expenditure limits; providing a definition; amending s. |
150 | 196.141, F.S., relating to homestead exemptions and duties |
151 | of property appraisers, to conform; amending s. 120.54, |
152 | F.S.; including certain rules pertaining to the Florida |
153 | Election Code within the definition of emergency rules |
154 | governing public health, safety, or welfare; amending s. |
155 | 99.061, F.S.; providing the method of qualifying for |
156 | nomination to the office of the state attorney or public |
157 | defender; amending s. 322.142, F.S.; providing for |
158 | disclosure of certain confidential driver's license |
159 | information to the department under certain circumstances; |
160 | making it a third-degree felony to participate in certain |
161 | exchanges associated with voting by absentee ballot; |
162 | repealing s. 104.047(1), F.S., relating to criminal |
163 | penalties for participation in certain exchanges |
164 | associated with voting by absentee ballot; repealing s. |
165 | 98.055, F.S., relating to registration list maintenance |
166 | forms; repealing s. 98.095, F.S., relating to county |
167 | registers open to inspection and copies; repealing s. |
168 | 98.0977, F.S., relating to the statewide voter |
169 | registration database and its operation and maintenance; |
170 | repealing s. 98.0979, F.S., relating to inspection of the |
171 | statewide voter registration; repealing s. 98.101, F.S., |
172 | relating to specifications for permanent registration |
173 | binders, files, and forms; repealing s. 98.181, F.S., |
174 | relating to duty of the supervisor of elections to make up |
175 | indexes or records; repealing s. 98.231, F.S., relating to |
176 | duty of the supervisor of elections to furnish the |
177 | department the number of registered electors; repealing s. |
178 | 98.451, F.S., relating to automation in processing |
179 | registration data; repealing s. 98.481, F.S., relating to |
180 | challenges to electors; repealing s. 101.635, F.S., |
181 | relating to distribution of blocks of printed ballots; |
182 | providing effective dates. |
183 |
|
184 | Be It Enacted by the Legislature of the State of Florida: |
185 |
|
186 | Section 1. Subsections (1), (2), and (11) of section |
187 | 97.012, Florida Statutes, are amended, and subsection (14) is |
188 | added to that section, to read: |
189 | 97.012 Secretary of State as chief election officer.--The |
190 | Secretary of State is the chief election officer of the state, |
191 | and it is his or her responsibility to: |
192 | (1) Obtain and maintain uniformity in the application, |
193 | operation, and interpretation and implementation of the election |
194 | laws. In order to obtain and maintain uniformity in the |
195 | interpretation and implementation of the elections laws, the |
196 | Department of State may, pursuant to ss. 120.536(1) and 120.54, |
197 | adopt by rule uniform standards for the proper and equitable |
198 | interpretation and implementation of the requirements of |
199 | chapters 97 through 102 and 105 of the Election Code. |
200 | (2) Provide uniform standards for the proper and equitable |
201 | implementation of the registration laws by administrative rule |
202 | of the Department of State adopted pursuant to ss. 120.536(1) |
203 | and 120.54. |
204 | (11) Create and administer maintain a statewide voter |
205 | registration system as required by the Help America Vote Act of |
206 | 2002 database. The secretary may delegate voter registration |
207 | duties and records maintenance activities to voter registration |
208 | officials. Any responsibilities delegated by the secretary shall |
209 | be performed in accordance with state and federal law. |
210 | (14) Bring and maintain such actions at law or in equity |
211 | by mandamus or injunction to enforce the performance of any |
212 | duties of a county supervisor of elections or any official |
213 | performing duties with respect to chapters 97 through 102 and |
214 | 105 or to enforce compliance with a rule of the Department of |
215 | State adopted to interpret or implement any of those chapters. |
216 | (a) Venue for such actions shall be in the Circuit Court |
217 | of Leon County. |
218 | (b) When the secretary files an action under this section |
219 | and not more than 60 days remain before an election as defined |
220 | in s. 97.021, or during the time period after the election and |
221 | before certification of the election pursuant to s. 102.112 or |
222 | s. 102.121, the court, including an appellate court, shall set |
223 | an immediate hearing, giving the case priority over other |
224 | pending cases. |
225 | (c) Prior to filing an action to enforce performance of |
226 | the duties of the supervisor of elections or any official |
227 | described in this subsection, the secretary or his or her |
228 | designee first must confer, or must make a good-faith attempt to |
229 | confer, with the supervisor of elections or the official to |
230 | ensure compliance with chapters 97 through 102 and 105 or the |
231 | rules of the Department of State adopted under any of those |
232 | chapters. |
233 | Section 2. Subsection (13) of section 97.021, Florida |
234 | Statutes, is amended, present subsections (38) and (39) are |
235 | renumbered as subsections (39) and (40), respectively, and a new |
236 | subsection (38) is added to that section, to read: |
237 | 97.021 Definitions.--For the purposes of this code, except |
238 | where the context clearly indicates otherwise, the term: |
239 | (13) "Lists of registered electors" means names and |
240 | associated information copies of printed lists of registered |
241 | electors maintained by the department in the statewide voter |
242 | registration system or generated or derived from the statewide |
243 | voter registration system. Lists may be produced in printed or |
244 | electronic format, computer tapes or disks, or any other device |
245 | used by the supervisor of elections to maintain voter records. |
246 | (38) "Voter registration official" means any supervisor of |
247 | elections or individual authorized by the Secretary of State to |
248 | accept voter registration applications and execute updates to |
249 | the statewide voter registration system. |
250 | Section 3. Section 97.026, Florida Statutes, is amended to |
251 | read: |
252 | 97.026 Forms to be available in alternative formats and |
253 | via the Internet.--It is the intent of the Legislature that all |
254 | forms required to be used in chapters 97-106 shall be made |
255 | available upon request, in alternative formats. Such forms shall |
256 | include absentee ballots as alternative formats for such ballots |
257 | become available and the Division of Elections is able to |
258 | certify systems that provide them. The department may, pursuant |
259 | to ss. 120.536(1) and 120.54, adopt rules to administer this |
260 | section. Whenever possible, such forms, with the exception of |
261 | absentee ballots, shall be made available by the Department of |
262 | State via the Internet. Sections that contain such forms |
263 | include, but are not limited to, ss. 97.051, 97.052, 97.053, |
264 | 97.057, 97.058, 97.0583, 97.071, 97.073, 97.1031, 98.055, |
265 | 98.075, 99.021, 100.361, 100.371, 101.045, 101.171, 101.20, |
266 | 101.6103, 101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and |
267 | 106.087. |
268 | Section 4. Section 97.051, Florida Statutes, is amended to |
269 | read: |
270 | 97.051 Oath upon registering.--A person registering to |
271 | vote must subscribe to the following oath: "I do solemnly swear |
272 | (or affirm) that I will protect and defend the Constitution of |
273 | the United States and the Constitution of the State of Florida, |
274 | that I am qualified to register as an elector under the |
275 | Constitution and laws of the State of Florida, and that all |
276 | information provided in this application is true I am a citizen |
277 | of the United States and a legal resident of Florida." |
278 | Section 5. Section 97.052, Florida Statutes, is amended to |
279 | read: |
280 | 97.052 Uniform statewide voter registration application.-- |
281 | (1) The department shall prescribe by rule a uniform |
282 | statewide voter registration application for use in this state. |
283 | (a) The uniform statewide voter registration application |
284 | must be accepted for any one or more of the following purposes: |
285 | 1. Initial registration. |
286 | 2. Change of address. |
287 | 3. Change of party affiliation. |
288 | 4. Change of name. |
289 | 5. Replacement of a voter information registration |
290 | identification card. |
291 | 6. Signature update. |
292 | (b) The department is responsible for printing the uniform |
293 | statewide voter registration application and the voter |
294 | registration application form prescribed by the Federal Election |
295 | Assistance Commission pursuant to federal law the National Voter |
296 | Registration Act of 1993. The applications and forms must be |
297 | distributed, upon request, to the following: |
298 | 1. Individuals seeking to register to vote or update a |
299 | voter registration record. |
300 | 2. Individuals or groups conducting voter registration |
301 | programs. A charge of 1 cent per application shall be assessed |
302 | on requests for 10,000 or more applications. |
303 | 3. The Department of Highway Safety and Motor Vehicles. |
304 | 4. Voter registration agencies. |
305 | 5. Armed forces recruitment offices. |
306 | 6. Qualifying educational institutions. |
307 | 7. Supervisors, who must make the applications and forms |
308 | available in the following manner: |
309 | a. By distributing the applications and forms in their |
310 | offices to any individual or group. |
311 | b. By distributing the applications and forms at other |
312 | locations designated by each supervisor. |
313 | c. By mailing the applications and forms to applicants |
314 | upon the request of the applicant. |
315 | (c) The uniform statewide voter registration application |
316 | may be reproduced by any private individual or group, provided |
317 | the reproduced application is in the same format as the |
318 | application prescribed by rule under this section. |
319 | (2) The uniform statewide voter registration application |
320 | must be designed to elicit the following information from the |
321 | applicant: |
322 | (a) Last, first, and middle Full name, including any |
323 | suffix. |
324 | (b) Date of birth. |
325 | (c) Address of legal residence. |
326 | (d) Mailing address, if different. |
327 | (e) County of legal residence. |
328 | (f) Address of property for which the applicant has been |
329 | granted a homestead exemption, if any. |
330 | (f)(g) Race or ethnicity that best describes the |
331 | applicant: |
332 | 1. American Indian or Alaskan Native. |
333 | 2. Asian or Pacific Islander. |
334 | 3. Black, not Hispanic. |
335 | 4. White, not Hispanic. |
336 | 5. Hispanic. |
337 | (g)(h) State or country of birth. |
338 | (h)(i) Sex. |
339 | (i)(j) Party affiliation. |
340 | (j)(k) Whether the applicant needs assistance in voting. |
341 | (k)(l) Name and address where last registered. |
342 | (l)(m) Last four digits of the applicant's social security |
343 | number. |
344 | (m)(n) Florida driver's license number or the |
345 | identification number from a Florida identification card issued |
346 | under s. 322.051. |
347 | (n) An indication, if applicable, that the applicant has |
348 | not been issued a Florida driver's license, a Florida |
349 | identification card, or a social security number. |
350 | (o) Telephone number (optional). |
351 | (p) Signature of applicant under penalty for false |
352 | swearing pursuant to s. 104.011, by which the person subscribes |
353 | to the oath required by s. 3, Art. VI of the State Constitution |
354 | and s. 97.051, and swears or affirms that the information |
355 | contained in the registration application is true. |
356 | (q) Whether the application is being used for initial |
357 | registration, to update a voter registration record, or to |
358 | request a replacement voter information registration |
359 | identification card. |
360 | (r) Whether the applicant is a citizen of the United |
361 | States by asking the question "Are you a citizen of the United |
362 | States of America?" and providing boxes for the applicant to |
363 | check to indicate whether the applicant is or is not a citizen |
364 | of the United States. |
365 | (s) Whether That the applicant has not been convicted of a |
366 | felony, and or, if convicted, has had his or her civil rights |
367 | restored by including the statement "I affirm I am not a |
368 | convicted felon or, if I am, my rights relating to voting have |
369 | been restored." and providing a box for the applicant to check |
370 | to affirm the statement. |
371 | (t) Whether That the applicant has not been adjudicated |
372 | mentally incapacitated with respect to voting or, if so |
373 | adjudicated, has had his or her right to vote restored by |
374 | including the statement "I affirm I have not been adjudicated |
375 | mentally incapacitated with respect to voting or, if I have, my |
376 | competency has been restored." and providing a box for the |
377 | applicant to check to affirm the statement. |
378 |
|
379 | The registration application form must be in plain language and |
380 | designed so that convicted felons whose civil rights have been |
381 | restored and persons who have been adjudicated mentally |
382 | incapacitated and have had their voting rights restored are not |
383 | required to reveal their prior conviction or adjudication. |
384 | (3) The uniform statewide voter registration application |
385 | must also contain: |
386 | (a) The oath required by s. 3, Art. VI of the State |
387 | Constitution and s. 97.051. |
388 | (b) A statement specifying each eligibility requirement |
389 | under s. 97.041. |
390 | (c) The penalties provided in s. 104.011 for false |
391 | swearing in connection with voter registration. |
392 | (d) A statement that, if an applicant declines to register |
393 | to vote, the fact that the applicant has declined to register |
394 | will remain confidential and may be used only for voter |
395 | registration purposes. |
396 | (e) A statement that informs the applicant who chooses to |
397 | register to vote or update a voter registration record that the |
398 | office at which the applicant submits a voter registration |
399 | application or updates a voter registration record will remain |
400 | confidential and may be used only for voter registration |
401 | purposes. |
402 | (f) A statement that informs the applicant that any person |
403 | who has been granted a homestead exemption in this state, and |
404 | who registers to vote in any precinct other than the one in |
405 | which the property for which the homestead exemption has been |
406 | granted, shall have that information forwarded to the property |
407 | appraiser where such property is located, which may result in |
408 | the person's homestead exemption being terminated and the person |
409 | being subject to assessment of back taxes under s. 193.092, |
410 | unless the homestead granted the exemption is being maintained |
411 | as the permanent residence of a legal or natural dependent of |
412 | the owner and the owner resides elsewhere. |
413 | (f)(g) A statement informing an the applicant who has not |
414 | been issued a Florida driver's license, a Florida identification |
415 | card, or a social security number that if the application form |
416 | is submitted by mail and the applicant is registering for the |
417 | first time in this state, the applicant will be required to |
418 | provide identification prior to voting the first time. |
419 | (4) A supervisor may produce a voter registration |
420 | application that has the supervisor's direct mailing address if |
421 | the department has reviewed the application and determined that |
422 | it is substantially the same as the uniform statewide voter |
423 | registration application. |
424 | (5) The voter registration application form prescribed by |
425 | the Federal Election Assistance Commission pursuant to federal |
426 | law the National Voter Registration Act of 1993 or the federal |
427 | postcard application must be accepted as an application for |
428 | registration in this state if the completed application or |
429 | postcard application contains the information required by the |
430 | constitution and laws of this state. |
431 | (6) If a voter registration applicant fails to provide any |
432 | of the required information on the voter registration |
433 | application form, the supervisor shall notify the applicant of |
434 | the failure by mail within 5 business days after the supervisor |
435 | has the information available in the voter registration system. |
436 | The applicant shall have an opportunity to complete the |
437 | application form to vote in the next election up until the book |
438 | closing for that next election. |
439 | Section 6. Section 97.053, Florida Statutes, is amended to |
440 | read: |
441 | 97.053 Acceptance of voter registration applications.-- |
442 | (1) Voter registration applications, changes in |
443 | registration, and requests for a replacement voter information |
444 | registration identification card must be accepted in the office |
445 | of any supervisor, the division, a driver license office, a |
446 | voter registration agency, or an armed forces recruitment office |
447 | when hand delivered by the applicant or a third party during the |
448 | hours that office is open or when mailed. |
449 | (2) A completed voter registration application is complete |
450 | and that contains the information necessary to establish an |
451 | applicant's eligibility pursuant to s. 97.041 becomes the |
452 | official voter registration record of that applicant when all |
453 | information necessary to establish the applicant's eligibility |
454 | pursuant to s. 97.041 is received by a voter registration |
455 | official and verified pursuant to subsection (6) the appropriate |
456 | supervisor. If the applicant fails to complete his or her voter |
457 | registration application prior to the date of book closing for |
458 | an election, then such applicant shall not be eligible to vote |
459 | in that election. |
460 | (3) The registration date for a valid initial voter |
461 | registration application that has been hand delivered is the |
462 | date that the application is when received by a driver license |
463 | office, a voter registration agency, an armed forces recruitment |
464 | office, the division, or the office of any supervisor in the |
465 | state. |
466 | (4) The registration date for a valid initial voter |
467 | registration application that has been mailed to a driver |
468 | license office, a voter registration agency, an armed forces |
469 | recruitment office, the division, or the office of any |
470 | supervisor in the state and bears a clear postmark is the date |
471 | of that the postmark. If an initial voter registration |
472 | application that has been mailed does not bear a postmark or if |
473 | the postmark is unclear, the registration date is the date the |
474 | application registration is received by any supervisor or the |
475 | division, unless it is received within 5 days after the closing |
476 | of the books for an election, excluding Saturdays, Sundays, and |
477 | legal holidays, in which case the registration date is the book- |
478 | closing date. |
479 | (5)(a) A voter registration application is complete if it |
480 | contains the following information necessary to establish the |
481 | applicant's eligibility pursuant to s. 97.041, including: |
482 | 1. The applicant's name. |
483 | 2. The applicant's legal residence address. |
484 | 3. The applicant's date of birth. |
485 | 4. A mark in the checkbox affirming An indication that the |
486 | applicant is a citizen of the United States. |
487 | 5.a. The applicant's current and valid Florida driver's |
488 | license number or, the identification number from a Florida |
489 | identification card issued under s. 322.051, or |
490 | b. If the applicant has not been issued a current and |
491 | valid Florida driver's license or a Florida identification card, |
492 | the last four digits of the applicant's social security number. |
493 |
|
494 | In case an applicant has not been issued a current and valid |
495 | Florida driver's license, Florida identification card, or social |
496 | security number, the applicant shall affirm this fact in the |
497 | manner prescribed in the uniform statewide voter registration |
498 | application. |
499 | 6. A mark in the checkbox affirming An indication that the |
500 | applicant has not been convicted of a felony or that, if |
501 | convicted, has had his or her civil rights restored. |
502 | 7. A mark in the checkbox affirming An indication that the |
503 | applicant has not been adjudicated mentally incapacitated with |
504 | respect to voting or that, if so adjudicated, has had his or her |
505 | right to vote restored. |
506 | 8. The original signature or a digital signature |
507 | transmitted by the Department of Highway Safety and Motor |
508 | Vehicles of the applicant swearing or affirming under the |
509 | penalty for false swearing pursuant to s. 104.011 that the |
510 | information contained in the registration application is true |
511 | and subscribing to the oath required by s. 3, Art. VI of the |
512 | State Constitution and s. 97.051. |
513 | (b) An applicant who fails to designate party affiliation |
514 | must be registered without party affiliation. The supervisor |
515 | must notify the voter by mail that the voter has been registered |
516 | without party affiliation and that the voter may change party |
517 | affiliation as provided in s. 97.1031. |
518 | (6) A voter registration application may be accepted as |
519 | valid only after the department has verified the authenticity or |
520 | nonexistence of the driver's license number, the Florida |
521 | identification card number, or the last four digits of the |
522 | social security number provided by the applicant. If a completed |
523 | voter registration application has been received by the book- |
524 | closing deadline but the driver's license number, the Florida |
525 | identification card number, or the last four digits of the |
526 | social security number provided by the applicant cannot be |
527 | verified prior to the applicant presenting himself or herself to |
528 | vote, the applicant shall be provided a provisional ballot. The |
529 | provisional ballot shall be counted only if the application is |
530 | verified by the end of the canvassing period or if the applicant |
531 | presents evidence to the supervisor of elections sufficient to |
532 | verify the authenticity of the driver's license number, Florida |
533 | identification card number, or last four digits of the social |
534 | security number provided on the application no later than 5 p.m. |
535 | of the third day following the election. |
536 | (7) All voter registration applications received by a |
537 | voter registration official shall be entered into the statewide |
538 | voter registration system within 15 days after receipt. Once |
539 | entered, the application shall be immediately forwarded to the |
540 | appropriate supervisor of elections. |
541 | Section 7. Subsections (1), (2), and (3) of section |
542 | 97.0535, Florida Statutes, are amended to read: |
543 | 97.0535 Special requirements for certain applicants.-- |
544 | (1) Each applicant who registers by mail and who has never |
545 | previously voted in the state and who the department has |
546 | verified has not been issued a current and valid Florida |
547 | driver's license, Florida identification card, or social |
548 | security number county shall be required to provide a copy of a |
549 | current and valid identification, as provided in subsection (3), |
550 | or indicate that he or she is exempt from the requirements prior |
551 | to voting. Such The applicant may provide the identification or |
552 | indication may be provided at the time of registering, or at any |
553 | time prior to voting for the first time in the state county. If |
554 | the voter registration application clearly provides information |
555 | from which a voter registration official the supervisor can |
556 | determine that the applicant meets at least one of the |
557 | exemptions in subsection (4), the voter registration official |
558 | supervisor shall make the notation on the registration records |
559 | of the statewide voter registration system and the applicant |
560 | shall not be required to provide the identification required by |
561 | this section further information that is required of first time |
562 | voters who register by mail. |
563 | (2) The voter registration official supervisor of |
564 | elections shall, upon accepting the voter registration |
565 | application submitted pursuant to subsection (1) for an |
566 | applicant who registered by mail and who has not previously |
567 | voted in the county, determine if the applicant provided the |
568 | required identification at the time of registering. If the |
569 | required identification was not provided, the supervisor shall |
570 | notify the applicant that he or she must provide the |
571 | identification prior to voting the first time in the state |
572 | county. |
573 | (3)(a) The following forms of identification shall be |
574 | considered current and valid if they contain the name and |
575 | photograph of the applicant and have not expired: |
576 | 1. Florida driver's license. |
577 | 2. Florida identification card issued by the Department of |
578 | Highway Safety and Motor Vehicles. |
579 | 1.3. United States passport. |
580 | 2.4. Employee badge or identification. |
581 | 3.5. Buyer's club identification. |
582 | 4.6. Debit or credit card. |
583 | 5.7. Military identification. |
584 | 6.8. Student identification. |
585 | 7.9. Retirement center identification. |
586 | 8.10. Neighborhood association identification. |
587 | 11. Entertainment identification. |
588 | 9.12. Public assistance identification. |
589 | (b) The following forms of identification shall be |
590 | considered current and valid if they contain the name and |
591 | current residence address of the applicant: |
592 | 1. Utility bill. |
593 | 2. Bank statement. |
594 | 3. Government check. |
595 | 4. Paycheck. |
596 | 5. Other government document (excluding voter |
597 | identification card). |
598 | Section 8. Subsection (1) of section 97.055, Florida |
599 | Statutes, is amended to read: |
600 | 97.055 Registration books; when closed for an election.-- |
601 | (1) The registration books must be closed on the 29th day |
602 | before each election and must remain closed until after that |
603 | election. If an election is called and there are fewer than 29 |
604 | days before that election, the registration books must be closed |
605 | immediately. When the registration books are closed for an |
606 | election, only updates to a voter's name, address, and signature |
607 | pursuant to ss. 98.077 and 101.045 will be permitted for |
608 | purposes of the upcoming election. Voter registration |
609 | applications and party changes must be accepted but only for the |
610 | purpose of subsequent elections. However, party changes received |
611 | between the book-closing date of the first primary election and |
612 | the date of the second primary election are not effective until |
613 | after the second primary election. |
614 | Section 9. Section 97.057, Florida Statutes, is amended to |
615 | read: |
616 | 97.057 Voter registration by the Department of Highway |
617 | Safety and Motor Vehicles.-- |
618 | (1) The Department of Highway Safety and Motor Vehicles |
619 | shall provide the opportunity to register to vote or to update a |
620 | voter registration record to each individual who comes to an |
621 | office of that department to: |
622 | (a) Apply for or renew a driver's license; |
623 | (b) Apply for or renew an identification card pursuant to |
624 | chapter 322; or |
625 | (c) Change an address on an existing driver's license or |
626 | identification card. |
627 | (2) The Department of Highway Safety and Motor Vehicles |
628 | shall: |
629 | (a) Notify each individual, orally or in writing, that: |
630 | 1. Information gathered for the completion of a driver's |
631 | license or identification card application, renewal, or change |
632 | of address can be automatically transferred to a voter |
633 | registration application; |
634 | 2. If additional information and a signature are provided, |
635 | the voter registration application will be completed and sent to |
636 | the proper election authority; |
637 | 3. Information provided can also be used to update a voter |
638 | registration record; |
639 | 4. All declinations will remain confidential and may be |
640 | used only for voter registration purposes; and |
641 | 5. The particular driver license office in which the |
642 | person applies to register to vote or updates a voter |
643 | registration record will remain confidential and may be used |
644 | only for voter registration purposes. |
645 | (b) Require a driver's license examiner to inquire orally, |
646 | or, if the applicant is hearing impaired, inquire in writing if |
647 | the applicant is hearing impaired, and whether the applicant |
648 | wishes to register to vote or update a voter registration record |
649 | during the completion of a driver's license or identification |
650 | card application, renewal, or change of address. |
651 | 1. If the applicant chooses to register to vote or to |
652 | update a voter registration record: |
653 | a. All applicable information received by the Department |
654 | of Highway Safety and Motor Vehicles in the course of filling |
655 | out the forms necessary under subsection (1) must be transferred |
656 | to a voter registration application.; |
657 | b. The additional necessary information must be obtained |
658 | by the driver's license examiner and must not duplicate any |
659 | information already obtained while completing the forms required |
660 | under subsection (1).; and |
661 | c. A voter registration application with all of the |
662 | applicant's voter registration information required to establish |
663 | the applicant's eligibility pursuant to s. 97.041 must be |
664 | presented to the applicant to review and verify the voter |
665 | registration information received and provide an electronic |
666 | signature affirming the accuracy of the information provided |
667 | sign. |
668 | 2. If the applicant declines to register to vote, update |
669 | the applicant's voter registration record, or change the |
670 | applicant's address by either orally declining or by failing to |
671 | sign the voter registration application, the Department of |
672 | Highway Safety and Motor Vehicles must note such declination on |
673 | its records and shall forward the declination to the statewide |
674 | voter registration system keep the declination for 2 years but |
675 | must forward a copy of the unsigned voter registration |
676 | application within 5 days after receipt to the appropriate |
677 | supervisor of elections. |
678 | (3) For the purpose of this section, the Department of |
679 | Highway Safety and Motor Vehicles, with the approval of the |
680 | Department of State, shall prescribe: |
681 | (a) A voter registration application that is the same in |
682 | content, format, and size as the uniform statewide voter |
683 | registration application prescribed under s. 97.052; and |
684 | (b) A form that will inform applicants under subsection |
685 | (1) of the information contained in paragraph (2)(a). |
686 | (4) The Department of Highway Safety and Motor Vehicles |
687 | must electronically transmit forward completed voter |
688 | registration applications within 24 hours after receipt to the |
689 | statewide voter registration system. Completed paper voter |
690 | registration applications received by the Department of Highway |
691 | Safety and Motor Vehicles shall be forwarded within 5 days after |
692 | receipt to the supervisor of the county where the office that |
693 | processed or received that application is located. |
694 | (5) The Department of Highway Safety and Motor Vehicles |
695 | must send, with each driver's license renewal extension |
696 | application authorized pursuant to s. 322.18(8), a uniform |
697 | statewide voter registration application, the voter registration |
698 | application prescribed under paragraph (3)(a), or a voter |
699 | registration application developed especially for the purposes |
700 | of this subsection by the Department of Highway Safety and Motor |
701 | Vehicles, with the approval of the Department of State, which |
702 | must meet the requirements of s. 97.052. |
703 | (6) A person providing voter registration services for a |
704 | driver license office may not: |
705 | (a) Seek to influence an applicant's political preference |
706 | or party registration; |
707 | (b) Display any political preference or party allegiance; |
708 | (c) Make any statement to an applicant or take any action |
709 | the purpose or effect of which is to discourage the applicant |
710 | from registering to vote; or |
711 | (d) Disclose any applicant's voter registration |
712 | information except as needed for the administration of voter |
713 | registration. |
714 | (7) The Department of Highway Safety and Motor Vehicles |
715 | shall compile lists, by county, of those individuals whose names |
716 | have been purged from its driver's license database because they |
717 | have been licensed in another state and shall provide those |
718 | lists annually to the appropriate supervisors. |
719 | (7)(8) The Department of Highway Safety and Motor Vehicles |
720 | shall collect data determined necessary by the Department of |
721 | State for program evaluation and reporting to the Federal |
722 | Election Assistance Commission pursuant to federal law the |
723 | National Voter Registration Act of 1993. |
724 | (8)(9) The Department of Highway Safety and Motor Vehicles |
725 | must ensure that all voter registration services provided by |
726 | driver license offices are in compliance with the Voting Rights |
727 | Act of 1965. |
728 | (9) The Department of Highway Safety and Motor Vehicles |
729 | shall retain complete records of voter registration information |
730 | received, processed, and submitted to the statewide voter |
731 | registration system by the Department of Highway Safety and |
732 | Motor Vehicles. These records shall be for the explicit purpose |
733 | of supporting audit and accounting controls established to |
734 | ensure accurate and complete electronic transmission of records |
735 | between the statewide voter registration system and the |
736 | Department of Highway Safety and Motor Vehicles. |
737 | (10) The department shall provide the Department of |
738 | Highway Safety and Motor Vehicles with an electronic database of |
739 | street addresses valid for use as the legal residence address as |
740 | required in s. 97.053(5). The Department of Highway Safety and |
741 | Motor Vehicles shall compare the address provided by the |
742 | applicant against the database of valid street addresses. If the |
743 | address provided by the applicant does not match a valid street |
744 | address in the database, the applicant will be asked to verify |
745 | the address provided. The Department of Highway Safety and Motor |
746 | Vehicles shall not reject any application for voter registration |
747 | for which a valid match cannot be made. |
748 | (11) The Department of Highway Safety and Motor Vehicles |
749 | shall enter into an agreement with the department to match |
750 | information in the statewide voter registration system with |
751 | information in the database of the Department of Highway Safety |
752 | and Motor Vehicles to the extent required to verify the accuracy |
753 | of the driver's license number, Florida identification number, |
754 | or last four digits of the social security number provided on |
755 | applications for voter registration as required in s. 97.053. |
756 | (12) The Department of Highway Safety and Motor Vehicles |
757 | shall enter into an agreement with the Commissioner of Social |
758 | Security as required by the Help America Vote Act of 2002 to |
759 | verify the last four digits of the social security number |
760 | provided in applications for voter registration as required in |
761 | s. 97.053. |
762 | Section 10. Subsections (6), (7), and (9) of section |
763 | 97.058, Florida Statutes, are amended to read: |
764 | 97.058 Voter registration agencies.-- |
765 | (6) A voter registration agency must forward all completed |
766 | and incomplete voter registration applications within 5 days |
767 | after receipt to the supervisor of the county where the agency |
768 | that processed or received that application is located. |
769 | (7) A voter registration agency must retain declinations |
770 | for a period of 2 years, during which time the declinations are |
771 | not considered a record of the client pursuant to the laws |
772 | governing the agency's records. However, a voter registration |
773 | agency must forward a copy of each incompleted voter |
774 | registration application within 5 days after receipt to the |
775 | appropriate supervisor of elections. |
776 | (9) A voter registration agency must collect data |
777 | determined necessary by the department, as provided by rule, for |
778 | program evaluation and reporting to the Federal Election |
779 | Assistance Commission pursuant to federal law the National Voter |
780 | Registration Act of 1993. |
781 | Section 11. Section 97.061, Florida Statutes, is amended |
782 | to read: |
783 | 97.061 Special registration for electors requiring |
784 | assistance.-- |
785 | (1) Any person who is eligible to register and who is |
786 | unable to read or write or who, because of some disability, |
787 | needs assistance in voting shall upon that person's request be |
788 | registered by the supervisor under the procedure prescribed by |
789 | this section and shall be entitled to receive assistance at the |
790 | polls under the conditions prescribed by this section. The |
791 | department may adopt rules to administer this section. |
792 | (2) If a person is qualified to register pursuant to this |
793 | section, the voter registration official supervisor shall note |
794 | in that person's registration record that the person needs |
795 | assistance in voting. |
796 | (3) The precinct register generated by the supervisor |
797 | shall contain Upon registering any person pursuant to this |
798 | section, the supervisor must make a notation on the registration |
799 | books or records which are delivered to the polls on election |
800 | day that such person is eligible for assistance in voting, and |
801 | the supervisor may issue such person a special registration |
802 | identification card or make a some notation on the voter |
803 | information regular registration identification card that such |
804 | person is eligible for assistance in voting. Such person shall |
805 | be entitled to receive the assistance of two election officials |
806 | or some other person of his or her own choice, other than the |
807 | person's employer, the agent of the person's employer, or an |
808 | officer or agent of the person's union, without the necessity of |
809 | executing the "Declaration to Secure Assistance" prescribed in |
810 | s. 101.051. Such person shall notify the supervisor of any |
811 | change in his or her condition which makes it unnecessary for |
812 | him or her to receive assistance in voting. |
813 | Section 12. Section 97.071, Florida Statutes, is amended |
814 | to read: |
815 | 97.071 Voter information Registration identification |
816 | card.-- |
817 | (1) A voter information registration identification card |
818 | shall must be furnished by the supervisor to all registered |
819 | voters residing in the supervisor's county. The card registering |
820 | under the permanent single registration system and must contain: |
821 | (a) Voter's registration number. |
822 | (b) Date of registration. |
823 | (c) Full name. |
824 | (d) Party affiliation. |
825 | (e) Date of birth. |
826 | (f) Race or ethnicity, if provided by the applicant. |
827 | (g) Sex, if provided by the applicant. |
828 | (f)(h) Address of legal residence. |
829 | (g)(i) Precinct number. |
830 | (h)(j) Name of supervisor and contact information of |
831 | supervisor. |
832 | (k) Place for voter's signature. |
833 | (i)(l) Other information deemed necessary by the |
834 | supervisor department. |
835 | (2) A voter may receive a replacement voter information of |
836 | a registration identification card by providing a signed, |
837 | written request for a replacement card to a voter registration |
838 | official the supervisor. Upon verification of registration, the |
839 | supervisor shall issue the voter a duplicate card without |
840 | charge. |
841 | (3) In the case of a change of name, address, or party |
842 | affiliation, the supervisor shall must issue the voter a new |
843 | voter information registration identification card. However, a |
844 | voter information registration identification card indicating a |
845 | party affiliation change made between the book-closing date for |
846 | the first primary election and the date of the second primary |
847 | election may not be issued until after the second primary |
848 | election. |
849 | Section 13. Section 97.073, Florida Statutes, is amended |
850 | to read: |
851 | 97.073 Disposition of voter registration applications; |
852 | cancellation notice.-- |
853 | (1) The supervisor must notify each applicant of the |
854 | disposition of the applicant's voter registration application. |
855 | The notice must inform the applicant that the application has |
856 | been approved, is incomplete, has been denied, or is a duplicate |
857 | of a current registration. A voter information registration |
858 | identification card sent to an applicant constitutes notice of |
859 | approval of registration. If the application is incomplete, the |
860 | supervisor must request that the applicant supply the missing |
861 | information using a voter registration application signed by the |
862 | applicant in writing and sign a statement that the additional |
863 | information is true and correct. A notice of denial must inform |
864 | the applicant of the reason the application was denied. |
865 | (2) Within 2 weeks after approval of a voter registration |
866 | application that indicates that the applicant was previously |
867 | registered in another state jurisdiction, the department |
868 | supervisor must notify the registration official in the prior |
869 | state jurisdiction that the applicant is now registered in this |
870 | state the supervisor's county. |
871 | Section 14. Section 97.1031, Florida Statutes, is amended |
872 | to read: |
873 | 97.1031 Notice of change of residence within the same |
874 | county, change of name, or change of party affiliation.-- |
875 | (1) When an elector moves from the address named on that |
876 | person's voter registration record to another address within the |
877 | same county, the elector must provide notification of such move |
878 | to the supervisor of elections of that county. The elector may |
879 | provide the supervisor a signed, written notice or may notify |
880 | the supervisor by telephone or electronic means. However, |
881 | notification of such move other than by signed, written notice |
882 | must include the elector's date of birth. An elector may also |
883 | provide notification to other voter registration officials as |
884 | provided in subsection (2). A voter information registration |
885 | identification card reflecting the new information address of |
886 | legal residence shall be issued to the elector as provided in |
887 | subsection (3)(4). |
888 | (2) When an elector moves from the address named on that |
889 | person's voter registration record to another address in a |
890 | different county but within the state, the elector seeks to |
891 | change party affiliation, or the name of an elector is changed |
892 | by marriage or other legal process, the elector shall must |
893 | provide notice a signed, written notification of such change to |
894 | a voter registration official using a voter registration |
895 | application signed by the elector. A voter information the |
896 | supervisor and obtain a registration identification card |
897 | reflecting the new information shall be issued to the elector as |
898 | provided in subsection (3) name. |
899 | (3) When an elector seeks to change party affiliation, the |
900 | elector must provide a signed, written notification of such |
901 | intent to the supervisor and obtain a registration |
902 | identification card reflecting the new party affiliation, |
903 | subject to the issuance restriction in s. 97.071(3). |
904 | (3)(4) The voter registration official supervisor shall |
905 | make the necessary changes in the elector's records as soon as |
906 | practical upon receipt of such notice of a change of address of |
907 | legal residence, name, or party affiliation. The supervisor of |
908 | elections and shall issue the new voter information registration |
909 | identification card as required by s. 97.071(3). |
910 | Section 15. Section 97.105, Florida Statutes, is amended |
911 | to read: |
912 | 97.105 Permanent single registration system established.-- |
913 | A permanent single registration system for the registration of |
914 | electors to qualify them to vote in all elections is provided |
915 | for the several counties and municipalities. This system shall |
916 | be put into use by all municipalities and shall be in lieu of |
917 | any other system of municipal registration. Electors shall be |
918 | registered pursuant to in pursuance of this system by a voter |
919 | registration official the supervisor or by a deputy supervisor, |
920 | and electors registered shall not thereafter be required to |
921 | register or reregister except as provided by law. |
922 | Section 16. Subsections (3), (10), and (11) of section |
923 | 98.015, Florida Statutes, are amended, and subsection (12) is |
924 | added to that section, to read: |
925 | 98.015 Supervisor of elections; election, tenure of |
926 | office, compensation, custody of books, office hours, successor, |
927 | seal; appointment of deputy supervisors; duties.-- |
928 | (3) The supervisor shall update voter registration |
929 | information, enter new voter registrations into the statewide |
930 | voter registration system, and act as is the official custodian |
931 | of documents received by the supervisor related to the |
932 | registration of electors and changes in voter registration |
933 | status of electors of the supervisor's county the registration |
934 | books and has the exclusive control of matters pertaining to |
935 | registration of electors. |
936 | (10) Each supervisor shall must ensure that all voter |
937 | registration and list maintenance procedures conducted by such |
938 | supervisor are in compliance with any applicable requirements |
939 | prescribed by rule of the department through the statewide voter |
940 | registration system or prescribed by for that county under the |
941 | Voting Rights Act of 1965, the National Voter Registration Act |
942 | of 1993, or the Help America Vote Act of 2002. |
943 | (11) Each supervisor shall ensure that any voter |
944 | registration system used by the supervisor for administering his |
945 | or her duties as a voter registration official complies with the |
946 | specifications and procedures established by rule of the |
947 | department and the statewide voter registration system Each |
948 | supervisor of elections shall forward to the property appraiser |
949 | for the county in which the homestead is claimed the name of the |
950 | person and the address of the homestead of each person who |
951 | registers to vote at an address other than that at which the |
952 | person claims a homestead exemption, as disclosed on the uniform |
953 | statewide voter registration application pursuant to s. 97.052. |
954 | (12) Each supervisor shall maintain a list of valid |
955 | residential street addresses for purposes of verifying the legal |
956 | addresses of voters residing in the supervisor's county. The |
957 | supervisor shall make all reasonable efforts to coordinate with |
958 | county 911 service providers, property appraisers, the United |
959 | States Postal Service, or other agencies as necessary to ensure |
960 | the continued accuracy of such list. The supervisor shall |
961 | provide the list of valid residential addresses to the statewide |
962 | voter registration system in the manner and frequency specified |
963 | by rule of the department. |
964 | Section 17. Section 98.035, Florida Statutes, is created |
965 | to read: |
966 | 98.035 Statewide voter registration system; |
967 | implementation, operation, and maintenance.-- |
968 | (1) The Secretary of State, as chief election officer of |
969 | the state, shall be responsible for implementing, operating, and |
970 | maintaining, in a uniform and nondiscriminatory manner, a |
971 | single, uniform, official, centralized, interactive, |
972 | computerized statewide voter registration system as required by |
973 | the Help America Vote Act of 2002. The department may adopt |
974 | rules to administer this section. |
975 | (2) The statewide voter registration system must contain |
976 | the name and registration information of every legally |
977 | registered voter in the state. All voters shall be assigned a |
978 | unique identifier. The system shall be the official list of |
979 | registered voters in the state and shall provide secured access |
980 | by authorized voter registration officials. The system shall |
981 | enable voter registration officials to provide, access, and |
982 | update voter registration information. |
983 | (3) The department may not contract with any other entity |
984 | for the operation of the statewide voter registration system. |
985 | (4) The implementation of the statewide voter registration |
986 | system shall not prevent any supervisor of elections from |
987 | acquiring, maintaining, or using any hardware or software |
988 | necessary or desirable to carry out the supervisor's |
989 | responsibilities related to the use of voter registration |
990 | information or the conduct of elections, provided that such |
991 | hardware or software does not conflict with the operation of the |
992 | statewide voter registration system. |
993 | (5) The department may adopt rules governing the access, |
994 | use, and operation of the statewide voter registration system to |
995 | ensure security, uniformity, and integrity of the system. |
996 | Section 18. Section 98.045, Florida Statutes, is amended |
997 | to read: |
998 | 98.045 Administration of voter registration.-- |
999 | (1) ELIGIBILITY OF APPLICANT.--The Each supervisor must |
1000 | ensure that any eligible applicant for voter registration is |
1001 | registered to vote and that each application for voter |
1002 | registration is processed in accordance with law. The supervisor |
1003 | shall determine whether a voter registration applicant is |
1004 | ineligible based on any of the following: |
1005 | (a) The failure to complete a voter registration |
1006 | application as specified in s. 97.053. |
1007 | (b) The applicant is deceased. |
1008 | (c) The applicant has been convicted of a felony for which |
1009 | his or her civil rights have not been restored. |
1010 | (d) The applicant has been adjudicated mentally |
1011 | incapacitated with respect to the right to vote and such right |
1012 | has not been restored. |
1013 | (e) The applicant does not meet the age requirement |
1014 | pursuant to s. 97.041. |
1015 | (f) The applicant is not a United States citizen. |
1016 | (g) The applicant is a fictitious person. |
1017 | (h) The applicant has provided an address of legal |
1018 | residence that is not his or her legal residence. |
1019 | (i) The applicant has provided a driver's license number, |
1020 | Florida identification card number, or the last four digits of a |
1021 | social security number that is not verifiable by the department. |
1022 | (2) REMOVAL OF REGISTERED VOTERS.-- |
1023 | (a) Once a voter is registered, the name of that voter may |
1024 | not be removed from the statewide voter registration system |
1025 | books except at the written request of the voter, by reason of |
1026 | the voter's conviction of a felony or adjudication as mentally |
1027 | incapacitated with respect to voting, by death of the voter, or |
1028 | pursuant to a registration list maintenance program or other |
1029 | registration list maintenance activity conducted pursuant to s. |
1030 | 98.065 or, s. 98.075, or s. 98.0977. |
1031 | (b)(2) Information received by a voter registration |
1032 | official supervisor from an election official in another state |
1033 | jurisdiction indicating that a registered voter in this state |
1034 | the supervisor's county has registered to vote in that other |
1035 | state jurisdiction shall be considered as a written request from |
1036 | the voter to have the voter's name removed from the statewide |
1037 | voter registration system books of the supervisor's county. |
1038 | (3) PUBLIC RECORDS ACCESS AND RETENTION.--Notwithstanding |
1039 | the provisions of ss. 98.095 and 98.0977, Each supervisor shall |
1040 | maintain for at least 2 years, and make available for public |
1041 | inspection and copying, all records concerning implementation of |
1042 | registration list maintenance programs and activities conducted |
1043 | pursuant to ss. 98.065 and, 98.075, and 98.0977. The records |
1044 | must include lists of the name and address of each person to |
1045 | whom a an address confirmation final notice was sent and |
1046 | information as to whether each such person responded to the |
1047 | mailing, but may not include any information that is |
1048 | confidential or exempt from public records requirements under |
1049 | this code. |
1050 | (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL |
1051 | STREET ADDRESSES.-- |
1052 | (a) The department shall compile and maintain a statewide |
1053 | electronic database of valid residential street addresses from |
1054 | the information provided by the supervisors of elections |
1055 | pursuant to s. 98.015. The department shall evaluate the |
1056 | information provided by the supervisors of elections to identify |
1057 | any duplicate addresses and any address that may overlap county |
1058 | boundaries. |
1059 | (b) The department shall make the statewide database of |
1060 | valid street addresses available to the Department of Highway |
1061 | Safety and Motor Vehicles as provided in s. 97.057(10). The |
1062 | Department of Highway Safety and Motor Vehicles shall use the |
1063 | database for purposes of validating the legal residential |
1064 | addresses provided in voter registration applications received |
1065 | by the Department of Highway Safety and Motor Vehicles. |
1066 | (5) FORMS.--The department may prescribe by rule forms |
1067 | necessary to conduct maintenance of records in the statewide |
1068 | voter registration system. |
1069 | Section 19. Section 98.065, Florida Statutes, as amended |
1070 | by chapter 2002-281, Laws of Florida, is amended to read: |
1071 | 98.065 Registration list maintenance programs.-- |
1072 | (1) The supervisor must conduct a general registration |
1073 | list maintenance program to protect the integrity of the |
1074 | electoral process by ensuring the maintenance of accurate and |
1075 | current voter registration records in the statewide voter |
1076 | registration system. The program must be uniform, |
1077 | nondiscriminatory, and in compliance with the Voting Rights Act |
1078 | of 1965, the National Voter Registration Act of 1993, and the |
1079 | Help America Vote Act of 2002. As used in this subsection, the |
1080 | term "nondiscriminatory" applies to and includes persons with |
1081 | disabilities. |
1082 | (2) A supervisor must incorporate one or more of the |
1083 | following procedures in the supervisor's biennial registration |
1084 | list maintenance program under which: |
1085 | (a) Change-of-address information supplied by the United |
1086 | States Postal Service through its licensees is used to identify |
1087 | registered voters whose addresses might have changed; |
1088 | (b) Change-of-address information is identified from |
1089 | returned nonforwardable return-if-undeliverable mail sent to all |
1090 | registered voters in the county; or |
1091 | (c) Change-of-address information is identified from |
1092 | returned nonforwardable return-if-undeliverable address |
1093 | confirmation requests mailed to all registered voters who have |
1094 | not voted in the last 2 years and who did not make a written |
1095 | request that their registration records be updated during that |
1096 | time. |
1097 | (3) A registration list maintenance program must be |
1098 | conducted by each supervisor, at a minimum, in each odd-numbered |
1099 | year and must be completed not later than 90 days prior to the |
1100 | date of any federal election. All list maintenance actions |
1101 | associated with each voter must be entered, tracked, and |
1102 | maintained in the statewide voter registration system. |
1103 | (4)(a) If the supervisor receives change-of-address |
1104 | information pursuant to the activities conducted in subsection |
1105 | (2), from jury notices signed by the voter and returned to the |
1106 | courts, from the Department of Highway Safety and Motor |
1107 | Vehicles, or from other sources, which information indicates |
1108 | that the legal address of a registered voter might have changed, |
1109 | the supervisor shall send by forwardable return-if-undeliverable |
1110 | mail an address confirmation notice to the address at which the |
1111 | voter was last registered. A supervisor may also send an address |
1112 | confirmation notice to any voter who the supervisor has reason |
1113 | to believe has moved from his or her legal residence. |
1114 | (b) The address confirmation notice shall contain a |
1115 | postage prepaid preaddressed return form on which: |
1116 | 1. If the voter has changed his or her address of legal |
1117 | residence to a location outside the state, the voter shall mark |
1118 | that the voter's legal residence has changed to a location |
1119 | outside the state. The form shall also include information on |
1120 | how to register in the new state in order to be eligible to |
1121 | vote. The form must be returned within 30 days after the date of |
1122 | the notice. The completed form shall constitute a request to be |
1123 | removed from the statewide voter registration system. |
1124 | 2. If the voter has changed his or her address of legal |
1125 | residence to a location inside the state, the voter shall set |
1126 | forth the updated or corrected address and submit the return |
1127 | form within 30 days after the date of the notice. The completed |
1128 | form shall constitute a request to update the statewide voter |
1129 | registration system with the updated or corrected address |
1130 | information. |
1131 | 3. If the voter has not changed his or her address of |
1132 | legal residence as printed on the address confirmation notice, |
1133 | the voter shall confirm that his or her address of legal |
1134 | residence has not changed and submit the form within 30 days |
1135 | after the date of the notice. |
1136 | (c) The supervisor must designate as inactive all voters |
1137 | who have been sent an address confirmation notice and who have |
1138 | not returned the postage prepaid preaddressed return form within |
1139 | 30 days or for which an address confirmation notice has been |
1140 | returned as undeliverable. Names on the inactive list may not be |
1141 | used to calculate the number of signatures needed on any |
1142 | petition. A voter on the inactive list may be restored to the |
1143 | active list of voters upon the voter updating his or her |
1144 | registration, requesting an absentee ballot, or appearing to |
1145 | vote. However, if the voter does not update his or her voter |
1146 | registration information, request an absentee ballot, or vote by |
1147 | the second general election after being placed on the inactive |
1148 | list, the voter's name shall be removed from the statewide voter |
1149 | registration system and the voter shall be required to |
1150 | reregister to have his or her name restored to the statewide |
1151 | voter registration system. |
1152 | (5) A notice may not be issued pursuant to this section |
1153 | and a voter's name may not be removed from the statewide voter |
1154 | registration system later than 90 days prior to the date of a |
1155 | federal election. However, this section does not preclude the |
1156 | removal of the name of a voter from the statewide voter |
1157 | registration system at any time upon the voter's written |
1158 | request, by reason of the voter's death, or upon a determination |
1159 | of the voter's ineligibility as provided in s. 98.075(7). |
1160 | (6)(a) No later than July 31 and January 31 of each year, |
1161 | the supervisor must certify to the department the list |
1162 | maintenance activities conducted during the first 6 months and |
1163 | the second 6 months of the year, respectively, including the |
1164 | number of address confirmation requests sent, the number of |
1165 | voters designated as inactive, and the number of voters removed |
1166 | from the statewide voter registration system. |
1167 | (b) If, based on the certification provided pursuant to |
1168 | paragraph (a), the department determines that a supervisor has |
1169 | not conducted the list maintenance activities required by this |
1170 | section, the department shall conduct the appropriate list |
1171 | maintenance activities for that county. Failure to conduct list |
1172 | maintenance activities as required in this section constitutes a |
1173 | violation of s. 104.051. A voter's name may not be removed from |
1174 | the registration books later than 90 days prior to the date of a |
1175 | federal election. However, nothing in this section shall |
1176 | preclude the removal of the name of a voter from the voter |
1177 | registration books, at any time and without prior notification, |
1178 | upon the written request of the voter, by reason of conviction |
1179 | of the voter of a felony, by reason of adjudication of the voter |
1180 | as mentally incapacitated with respect to voting, by reason of |
1181 | the death of the voter, or upon a determination of ineligibility |
1182 | as provided in s. 98.075(3). |
1183 | (4) If the supervisor receives change-of-address |
1184 | information from the United States Postal Service or its |
1185 | licensees or from jury notices signed by the voter and returned |
1186 | to the courts, which indicates that: |
1187 | (a) The voter has moved within the supervisor's county, |
1188 | the supervisor must change the registration records to show the |
1189 | new address and must send the voter a notice of the change by |
1190 | forwardable mail, including a postage prepaid preaddressed |
1191 | return form with which the voter may verify or correct the |
1192 | address information. |
1193 | (b) The voter has moved outside the supervisor's county, |
1194 | or contains no forwarding address, the supervisor shall send an |
1195 | address confirmation final notice and remove the name of the |
1196 | voter from the registration record if that voter did not: |
1197 | 1. Return the postage prepaid preaddressed return form; |
1198 | 2. Appear to vote; |
1199 | 3. Change the voter's registration; or |
1200 | 4. Request an absentee ballot |
1201 |
|
1202 | during the period beginning on the date when the address |
1203 | confirmation final notice was sent and ending on the day after |
1204 | the date of the second general election thereafter. |
1205 | (5) The supervisor must designate as inactive all voters |
1206 | who have been sent an address confirmation final notice and who |
1207 | have not returned the postage prepaid preaddressed return form |
1208 | within 30 days. A voter on the inactive list must be allowed to |
1209 | vote and to change the voter's name or address of legal |
1210 | residence at the polls pursuant to s. 101.045. Names on the |
1211 | inactive list may not be used to calculate the number of |
1212 | signatures needed on any petition or the quantity of voting |
1213 | equipment needed. |
1214 | Section 20. Section 98.075, Florida Statutes, is amended |
1215 | to read: |
1216 | (Substantial rewording of section. See |
1217 | s. 98.075, F.S., for present text.) |
1218 | 98.075 Registration records maintenance activities; |
1219 | ineligibility determinations.-- |
1220 | (1) MAINTENANCE OF RECORDS.--The department shall protect |
1221 | the integrity of the electoral process by ensuring the |
1222 | maintenance of accurate and current voter registration records. |
1223 | List maintenance activities must be uniform, nondiscriminatory, |
1224 | and in compliance with the Voting Rights Act of 1965, the |
1225 | National Voter Registration Act of 1993, and the Help America |
1226 | Vote Act of 2002. The department may adopt by rule uniform |
1227 | standards and procedures to interpret and administer this |
1228 | section. |
1229 | (2) DUPLICATE REGISTRATION.--The department shall identify |
1230 | those voters who are registered more than once or those |
1231 | applicants whose registration applications would result in |
1232 | duplicate registrations. The most recent application shall be |
1233 | deemed an update to the voter registration record. |
1234 | (3) DECEASED PERSONS.--The department shall identify those |
1235 | registered voters who are deceased by comparing information on |
1236 | the lists of deceased persons received from the Department of |
1237 | Health as provided in s. 98.093. Upon receipt of such |
1238 | information through the statewide voter registration system, the |
1239 | supervisor shall remove the name of the registered voter. |
1240 | (4) ADJUDICATION OF MENTAL INCAPACITY.--The department |
1241 | shall identify those registered voters who have been adjudicated |
1242 | mentally incapacitated with respect to voting and who have not |
1243 | had their voting rights restored by comparing information |
1244 | received from the clerk of the circuit court as provided in s. |
1245 | 98.093. The department shall review such information and make an |
1246 | initial determination as to whether the information is credible |
1247 | and reliable. If the department determines that the information |
1248 | is credible and reliable, the department shall notify the |
1249 | supervisor and provide a copy of the supporting documentation |
1250 | indicating the potential ineligibility of the voter to be |
1251 | registered. Upon receipt of the notice that the department has |
1252 | made a determination of initial credibility and reliability, the |
1253 | supervisor shall adhere to the procedures set forth in |
1254 | subsection (7) prior to the removal of a registered voter from |
1255 | the statewide voter registration system. |
1256 | (5) FELONY CONVICTION.--The department shall identify |
1257 | those registered voters who have been convicted of a felony and |
1258 | whose rights have not been restored by comparing information |
1259 | received from, but not limited to, a clerk of the circuit court, |
1260 | the Board of Executive Clemency, the Department of Corrections, |
1261 | the Department of Law Enforcement, or a United States Attorney's |
1262 | Office, as provided in s. 98.093. The department shall review |
1263 | such information and make an initial determination as to whether |
1264 | the information is credible and reliable. If the department |
1265 | determines that the information is credible and reliable, the |
1266 | department shall notify the supervisor and provide a copy of the |
1267 | supporting documentation indicating the potential ineligibility |
1268 | of the voter to be registered. Upon receipt of the notice that |
1269 | the department has made a determination of initial credibility |
1270 | and reliability, the supervisor shall adhere to the procedures |
1271 | set forth in subsection (7) prior to the removal of a registered |
1272 | voter's name from the statewide voter registration system. |
1273 | (6) OTHER BASES FOR INELIGIBILITY.--If the department or |
1274 | supervisor receives information other than from the sources |
1275 | identified in subsections (2)-(5) that a registered voter does |
1276 | not meet the age requirement pursuant to s. 97.041, is not a |
1277 | United States citizen, is a fictitious person, or has listed a |
1278 | residence that is not his or her legal residence, the supervisor |
1279 | shall adhere to the procedures set forth in subsection (7) prior |
1280 | to the removal of a registered voter's name from the statewide |
1281 | voter registration system. |
1282 | (7) PROCEDURES FOR REMOVAL.-- |
1283 | (a) If the supervisor receives notice or information |
1284 | pursuant to subsections (4)-(6), the supervisor of the county in |
1285 | which the voter is registered shall: |
1286 | 1. Notify the registered voter of his or her potential |
1287 | ineligibility by mail within 7 days after receipt of notice or |
1288 | information. The notice shall include: |
1289 | a. A statement of the basis for the registered voter's |
1290 | potential ineligibility and a copy of any documentation upon |
1291 | which the potential ineligibility is based. |
1292 | b. A statement that failure to respond within 30 days |
1293 | after receipt of the notice may result in a determination of |
1294 | ineligibility and in removal of the registered voter's name from |
1295 | the statewide voter registration system. |
1296 | c. A return form that requires the registered voter to |
1297 | admit or deny the accuracy of the information underlying the |
1298 | potential ineligibility for purposes of a final determination by |
1299 | the supervisor. |
1300 | d. A statement that, if the voter is denying the accuracy |
1301 | of the information underlying the potential ineligibility, the |
1302 | voter has a right to request a hearing for the purpose of |
1303 | determining eligibility. |
1304 | e. Instructions for the registered voter to contact the |
1305 | supervisor of elections of the county in which the voter is |
1306 | registered if assistance is needed in resolving the matter. |
1307 | f. Instructions for seeking restoration of civil rights |
1308 | following a felony conviction, if applicable. |
1309 | 2. If the mailed notice is returned as undeliverable, the |
1310 | supervisor shall publish notice once in a newspaper of general |
1311 | circulation in the county in which the voter was last |
1312 | registered. The notice shall contain the following: |
1313 | a. The voter's name and address. |
1314 | b. A statement that the voter is potentially ineligible to |
1315 | be registered to vote. |
1316 | c. A statement that failure to respond within 30 days |
1317 | after the notice is published may result in a determination of |
1318 | ineligibility by the supervisor and removal of the registered |
1319 | voter's name from the statewide voter registration system. |
1320 | d. An instruction for the voter to contact the supervisor |
1321 | no later than 30 days after the date of the published notice to |
1322 | receive information regarding the basis for the potential |
1323 | ineligibility and the procedure to resolve the matter. |
1324 | e. An instruction to the voter that, if further assistance |
1325 | is needed, the voter should contact the supervisor of elections |
1326 | of the county in which the voter is registered. |
1327 | 3. If a registered voter fails to respond to a notice |
1328 | pursuant to subparagraph 1. or subparagraph 2., the supervisor |
1329 | shall make a final determination of the voter's eligibility. If |
1330 | the supervisor determines that the voter is ineligible, the |
1331 | supervisor shall remove the name of the registered voter from |
1332 | the statewide voter registration system. The supervisor shall |
1333 | notify the registered voter of the supervisor's determination |
1334 | and action. |
1335 | 4. If a registered voter responds to the notice pursuant |
1336 | to subparagraph 1. or subparagraph 2. and admits the accuracy of |
1337 | the information underlying the potential ineligibility, the |
1338 | supervisor shall make a final determination of ineligibility and |
1339 | shall remove the voter's name from the statewide voter |
1340 | registration system. The supervisor shall notify the registered |
1341 | voter of the supervisor's determination and action. |
1342 | 5. If a registered voter responds to the notice issued |
1343 | pursuant to subparagraph 1. or subparagraph 2. and denies the |
1344 | accuracy of the information underlying the potential |
1345 | ineligibility but does not request a hearing, the supervisor |
1346 | shall review the evidence and make a final determination of |
1347 | eligibility. If such registered voter requests a hearing, the |
1348 | supervisor shall send notice to the registered voter to attend a |
1349 | hearing at a time and place specified in the notice. Upon |
1350 | hearing all evidence presented at the hearing, the supervisor |
1351 | shall make a determination of eligibility. If the supervisor |
1352 | determines that the registered voter is ineligible, the |
1353 | supervisor shall remove the voter's name from the statewide |
1354 | voter registration system and notify the registered voter of the |
1355 | supervisor's determination and action. |
1356 | (b) The following shall apply to this subsection: |
1357 | 1. All determinations of eligibility shall be based on a |
1358 | preponderance of the evidence. |
1359 | 2. All proceedings are exempt from the provisions of |
1360 | chapter 120. |
1361 | 3. Any notice shall be sent to the registered voter by |
1362 | certified mail, return receipt requested, or other means that |
1363 | provides a verification of receipt or shall be published in a |
1364 | newspaper of general circulation where the voter was last |
1365 | registered, whichever is applicable. |
1366 | 4. The supervisor shall remove the name of any registered |
1367 | voter from the statewide voter registration system only after |
1368 | the supervisor makes a final determination that the voter is |
1369 | ineligible to vote. |
1370 | 5. Any voter whose name has been removed from the |
1371 | statewide voter registration system pursuant to a determination |
1372 | of ineligibility may appeal that determination under the |
1373 | provisions of s. 98.0755. |
1374 | 6. Any voter whose name was removed from the statewide |
1375 | voter registration system on the basis of a determination of |
1376 | ineligibility who subsequently becomes eligible to vote must |
1377 | reregister in order to have his or her name restored to the |
1378 | statewide voter registration system. |
1379 | (8) CERTIFICATION.-- |
1380 | (a) No later than July 31 and January 31 of each year, the |
1381 | supervisor shall certify to the department the activities |
1382 | conducted pursuant to this section during the first 6 months and |
1383 | the second 6 months of the year, respectively. The certification |
1384 | shall include the number of persons to whom notices were sent |
1385 | pursuant to subsection (7), the number of persons who responded |
1386 | to the notices, the number of notices returned as undeliverable, |
1387 | the number of notices published in the newspaper, the number of |
1388 | hearings conducted, and the number of persons removed from the |
1389 | statewide voter registration systems and the reasons for such |
1390 | removals. |
1391 | (b) If, based on the certification provided pursuant to |
1392 | paragraph (a), the department determines that a supervisor has |
1393 | not satisfied the requirements of this section, the department |
1394 | shall satisfy the appropriate requirements for that county. |
1395 | Failure to satisfy the requirements of this section shall |
1396 | constitute a violation of s. 104.051. |
1397 | Section 21. Section 98.0755, Florida Statutes, is created |
1398 | to read: |
1399 | 98.0755 Appeal of determination of ineligibility.--Appeal |
1400 | of the supervisor's determination of ineligibility pursuant to |
1401 | s. 98.075(7) may be taken to the circuit court in and for the |
1402 | county where the person was registered. Notice of appeal must be |
1403 | filed within the time and in the manner provided by the Florida |
1404 | Rules of Appellate Procedure and acts as supersedeas. Trial in |
1405 | the circuit court is de novo and governed by the rules of that |
1406 | court. Unless the person can show that his or her name was |
1407 | erroneously or illegally removed from the statewide voter |
1408 | registration system, or that he or she is indigent, the person |
1409 | must bear the costs of the trial in the circuit court. |
1410 | Otherwise, the cost of the appeal must be paid by the supervisor |
1411 | of elections. |
1412 | Section 22. Section 98.077, Florida Statutes, is amended |
1413 | to read: |
1414 | 98.077 Update of voter signature.-- |
1415 | (1) A registered voter may update his or her signature on |
1416 | file in the statewide voter registration system at any time |
1417 | using a voter registration application submitted to a voter |
1418 | registration official. |
1419 | (2) The department and supervisors supervisor of elections |
1420 | shall include in any correspondence, other than postcard |
1421 | notifications and notices relating to eligibility, sent to a |
1422 | provide to each registered voter information regarding of the |
1423 | county the opportunity to update his or her signature on file at |
1424 | the supervisor's office by providing notification of the ability |
1425 | to do so in any correspondence, other than postcard |
1426 | notifications, sent to the voter. The notice shall advise when, |
1427 | where, and how to update the voter's signature and shall provide |
1428 | the voter information on how to obtain a voter registration |
1429 | application form from a voter registration official which the |
1430 | supervisor that can be returned to update the signature. |
1431 | (3) In addition, At least once during each general |
1432 | election year, the supervisor shall publish in a newspaper of |
1433 | general circulation or other newspaper in the county deemed |
1434 | appropriate by the supervisor a notice specifying when, where, |
1435 | or how a voter can update his or her signature that is on file |
1436 | and or how a voter can obtain a voter registration application |
1437 | form from a voter registration official the supervisor to do so. |
1438 | (4) All signature updates for use in verifying absentee |
1439 | and provisional ballots must be received by the appropriate |
1440 | supervisor of elections no later than the start of the |
1441 | canvassing of absentee ballots by the canvassing board. The |
1442 | signature on file at the start of the canvass of the absentees |
1443 | is the signature that shall be used in verifying the signature |
1444 | on the absentee and provisional ballot certificates. |
1445 | Section 23. Section 98.081, Florida Statutes, is amended |
1446 | to read: |
1447 | 98.081 Names removed from the statewide voter registration |
1448 | system books; restrictions on reregistering; recordkeeping; |
1449 | restoration of erroneously or illegally removed names.-- |
1450 | (1) Any person who requested that his or her name be |
1451 | removed from the statewide voter registration system books |
1452 | between the book-closing date of the first primary and the date |
1453 | of the second primary may not register in a different political |
1454 | party until after the date of the second primary election. |
1455 | (2) When the name of any elector is removed from the |
1456 | statewide voter registration system books pursuant to s. 98.065 |
1457 | or, s. 98.075, or s. 98.093, the elector's original registration |
1458 | application form shall be retained by the supervisor of |
1459 | elections having custody of the application filed alphabetically |
1460 | in the office of the supervisor. As alternatives, registrations |
1461 | removed from the statewide voter registration system books may |
1462 | be microfilmed and such microfilms substituted for the original |
1463 | registration applications forms; or, when voter registration |
1464 | information, including the voter's signature, is maintained |
1465 | digitally or on electronic, magnetic, or optic media, such |
1466 | stored information may be substituted for the original |
1467 | registration application form. Such microfilms or stored |
1468 | information shall be retained by the supervisor of elections |
1469 | having in the custody of the supervisor. In the event the |
1470 | original registration applications forms are microfilmed or |
1471 | maintained digitally or on electronic or other media, such |
1472 | originals may be destroyed in accordance with the schedule |
1473 | approved by the Bureau of Archives and Records Management of the |
1474 | Division of Library and Information Services of the department. |
1475 | (3) When the name of any elector has been erroneously or |
1476 | illegally removed from the statewide voter registration system |
1477 | books, the name of the elector shall be restored by a voter |
1478 | registration official the supervisor upon satisfactory proof, |
1479 | even though the registration period for that election is closed. |
1480 | Section 24. Section 98.093, Florida Statutes, is amended |
1481 | to read: |
1482 | 98.093 Duty of officials to furnish lists of deceased |
1483 | persons, persons adjudicated mentally incapacitated, and persons |
1484 | convicted of a felony.-- |
1485 | (1) In order to ensure the maintenance of accurate and |
1486 | current voter registration records, it is necessary for the |
1487 | department to receive certain information from state and federal |
1488 | officials and entities. The department and supervisors of |
1489 | elections shall use the information provided from the sources in |
1490 | subsection (2) to maintain the voter registration records. |
1491 | (2) To the maximum extent feasible, state and local |
1492 | government agencies shall facilitate provision of information |
1493 | and access to data to the department, including, but not limited |
1494 | to, databases that contain reliable criminal records and records |
1495 | of deceased persons. State and local government agencies that |
1496 | provide such data shall do so without charge if the direct cost |
1497 | incurred by those agencies is not significant. |
1498 | (a) The Department of Health shall furnish monthly to the |
1499 | department each supervisor of elections a list containing the |
1500 | name, address, date of birth, date of death, social security |
1501 | number, race, and sex of each deceased person 17 years of age or |
1502 | older who was a resident of such supervisor's county. |
1503 | (b)(2) Each clerk of the circuit court shall furnish |
1504 | monthly to the department, at least once each month, deliver to |
1505 | each supervisor of elections a list of those persons who have |
1506 | been adjudicated mentally incapacitated with respect to voting |
1507 | during the preceding calendar month, a list of those persons |
1508 | whose mental capacity with respect to voting has been restored |
1509 | during the preceding calendar month, and a list of those persons |
1510 | who have returned signed jury notices during the preceding |
1511 | months to the clerk of the circuit court indicating a change of |
1512 | address. Each list shall include stating the name, address, date |
1513 | of birth, race, and sex, and, whichever is available, the |
1514 | Florida driver's license number, Florida identification card |
1515 | number, or social security number of each such person convicted |
1516 | of a felony during the preceding calendar month who was a |
1517 | resident of that supervisor's county, a list stating the name, |
1518 | address, date of birth, race, and sex of each person adjudicated |
1519 | mentally incapacitated with respect to voting during the |
1520 | preceding calendar month who was a resident of that supervisor's |
1521 | county, and a list stating the name, address, date of birth, |
1522 | race, and sex of each person whose mental capacity with respect |
1523 | to voting has been restored who was a resident of that |
1524 | supervisor's county. |
1525 | (c)(3) Upon receipt of information from the United States |
1526 | Attorney, listing persons convicted of a felony in federal |
1527 | court, the department shall use such information to identify |
1528 | registered voters or applicants for voter registration who may |
1529 | be potentially ineligible based on information provided in |
1530 | accordance with s. 98.075 immediately forward such information |
1531 | to the supervisor of elections for the county where the offender |
1532 | resides. |
1533 | (d) The Department of Law Enforcement shall identify those |
1534 | persons who have been convicted of a felony who appear in the |
1535 | voter registration records supplied by the statewide voter |
1536 | registration system, in a time and manner that enables the |
1537 | department to meet its obligations under state and federal law. |
1538 | (e) The Board of Executive Clemency shall furnish monthly |
1539 | to the department a list of those persons granted clemency in |
1540 | the preceding month or any updates to prior records which have |
1541 | occurred in the preceding month. The list shall contain the |
1542 | Board of Executive Clemency case number, name, address, date of |
1543 | birth, race, sex, social security number, if available, and |
1544 | references to record identifiers assigned by the Department of |
1545 | Corrections, a unique identifier of each clemency case, and the |
1546 | effective date of clemency of each person. |
1547 | (f) The Department of Corrections shall furnish monthly to |
1548 | the department a list of those persons transferred to the |
1549 | Department of Corrections in the preceding month or any updates |
1550 | to prior records which have occurred in the preceding month. The |
1551 | list shall contain the name, address, date of birth, race, sex, |
1552 | social security number, Department of Corrections record |
1553 | identification number, and associated Department of Law |
1554 | Enforcement felony conviction record number of each person. |
1555 | (g) The Department of Highway Safety and Motor Vehicles |
1556 | shall furnish monthly to the department a list of those persons |
1557 | whose names have been removed from the driver's license database |
1558 | because they have been licensed in another state. The list shall |
1559 | contain the name, address, date of birth, sex, social security |
1560 | number, and driver's license number of each such person. |
1561 | (4) Upon receipt of any such list, the supervisor shall |
1562 | remove from the registration books the name of any person listed |
1563 | who is deceased, convicted of a felony, or adjudicated mentally |
1564 | incapacitated with respect to voting. A person who has had his |
1565 | or her mental capacity with respect to voting restored or who |
1566 | has had his or her right to vote restored after conviction of a |
1567 | felony shall be required to reregister to have his or her name |
1568 | restored to the registration books. |
1569 | (3)(5) Nothing in this section shall limit or restrict the |
1570 | supervisor in his or her duty to remove the names of such |
1571 | persons from the statewide voter registration system pursuant to |
1572 | s. 98.075(7) based upon books after verification of information |
1573 | received from other sources. |
1574 | Section 25. Effective August 1, 2006, section 98.0981, |
1575 | Florida Statutes, is created to read: |
1576 | 98.0981 Statewide voter registration database.--Within 75 |
1577 | days after a general election or within 15 days after all |
1578 | supervisors of elections have updated voter history information, |
1579 | whichever occurs later, the department shall send to the |
1580 | President of the Senate, the Speaker of the House of |
1581 | Representatives, the Senate Minority Leader, and the House |
1582 | Minority Leader a report in electronic format of all voters |
1583 | qualified to vote in the election or primary. The report shall |
1584 | include for each voter the code used by the department to |
1585 | uniquely identify the voter; all information provided in the |
1586 | uniform statewide voter registration application pursuant to s. |
1587 | 97.052(2), except what is specifically identified as |
1588 | confidential or exempt from public-records requirements; the |
1589 | date of registration; the representative district, senatorial |
1590 | district, congressional district, and precinct in which the |
1591 | voter resides; and whether the voter voted at the precinct |
1592 | location, voted by early vote, voted by absentee ballot, |
1593 | attempted to vote by absentee ballot that was not counted, |
1594 | attempted to vote by provisional ballot that was not counted, or |
1595 | did not vote. |
1596 | Section 26. Section 98.212, Florida Statutes, is amended |
1597 | to read: |
1598 | 98.212 Department and supervisors to furnish statistical |
1599 | and other information.-- |
1600 | (1)(a) Upon written request, the department and any |
1601 | supervisor of the respective counties supervisors shall, as |
1602 | promptly as possible, furnish to recognized public or private |
1603 | universities and senior colleges within the state, to state or |
1604 | county governmental agencies, and to recognized political party |
1605 | committees statistical information for the purpose of analyzing |
1606 | election returns and results. |
1607 | (b) The department and any supervisor Supervisors may |
1608 | require reimbursement for any part or all of the actual expenses |
1609 | of supplying any information requested under paragraph (a). For |
1610 | the purposes of this subsection, the department and supervisors |
1611 | may use the services of any research and statistical personnel |
1612 | that may be supplied. |
1613 | (c) Lists of names submitted to the department and any |
1614 | supervisor of the respective counties supervisors for indication |
1615 | of registration or nonregistration or of party affiliation shall |
1616 | be processed at any time at cost, except that in no case shall |
1617 | the charge exceed 10 cents for each name on which the |
1618 | information is furnished. |
1619 | (2) The supervisors shall provide information as requested |
1620 | by the department for program evaluation and reporting to the |
1621 | Federal Election Assistance Commission pursuant to federal law |
1622 | the National Voter Registration Act of 1993. |
1623 | Section 27. Section 98.461, Florida Statutes, is amended |
1624 | to read: |
1625 | 98.461 Registration application form, precinct register; |
1626 | contents.-- |
1627 | (1) A registration application form, approved by the |
1628 | Department of State, containing the information required in s. |
1629 | 97.052 shall be retained by the supervisor of elections of the |
1630 | county of the applicant's registration filed alphabetically in |
1631 | the office of the supervisor as the master list of electors of |
1632 | the county. However, the registration application forms may be |
1633 | microfilmed and such microfilm microfilms substituted for the |
1634 | original registration application forms; or, when voter |
1635 | registration information, including the voter's signature, is |
1636 | maintained digitally or on electronic, magnetic, or optic media, |
1637 | such stored information may be substituted for the original |
1638 | registration application form. Such microfilms or stored |
1639 | information shall be retained in the custody of the supervisor |
1640 | of elections of the county of the applicant's registration. In |
1641 | the event the original registration applications forms are |
1642 | microfilmed or maintained digitally or on electronic or other |
1643 | media, such originals may be destroyed in accordance with the |
1644 | schedule approved by the Bureau of Archives and Records |
1645 | Management of the Division of Library and Information Services |
1646 | of the Department of State. As an alternative, the information |
1647 | from the registration form, including the signature, may be |
1648 | electronically reproduced and stored as provided in s. 98.451. |
1649 | (2) A computer printout or electronic database shall be |
1650 | used at the polls as a precinct register in lieu of the |
1651 | registration books. The precinct register shall contain the date |
1652 | of the election, the precinct number, and the following |
1653 | information concerning each registered elector: last name, first |
1654 | name, and middle name or initial, and suffix; party affiliation; |
1655 | residence address; registration number; date of birth; sex, if |
1656 | provided; race, if provided; whether the voter needs assistance |
1657 | in voting; and such other additional information as to readily |
1658 | identify the elector. The precinct register shall also contain a |
1659 | space for the elector's signature and a space for the initials |
1660 | of the witnessing clerk or inspector or an electronic device may |
1661 | be provided for this purpose. |
1662 | Section 28. Effective January 1, 2007, section 100.371, |
1663 | Florida Statutes, as amended by section 9 of chapter 2002-281, |
1664 | Laws of Florida, is amended to read: |
1665 | 100.371 Initiatives; procedure for placement on ballot.-- |
1666 | (1) Constitutional amendments proposed by initiative shall |
1667 | be placed on the ballot for the general election provided the |
1668 | initiative has been filed with occurring in excess of 90 days |
1669 | from the certification of ballot position by the Secretary of |
1670 | State no later than February 1 of the year the general election |
1671 | is held. A petition shall be deemed to be filed with the |
1672 | Secretary of State upon the date the secretary determines that |
1673 | the petition has been signed by the constitutionally required |
1674 | number of electors. |
1675 | (2) Such certification shall be issued when the Secretary |
1676 | of State has received verification certificates from the |
1677 | supervisors of elections indicating that the requisite number |
1678 | and distribution of valid signatures of electors have been |
1679 | submitted to and verified by the supervisors. Every signature |
1680 | shall be dated when made and shall be valid for a period of 4 |
1681 | years following such date, provided all other requirements of |
1682 | law are complied with. |
1683 | (2)(3) The sponsor of an initiative amendment shall, prior |
1684 | to obtaining any signatures, register as a political committee |
1685 | pursuant to s. 106.03 and submit the text of the proposed |
1686 | amendment to the Secretary of State, with the form on which the |
1687 | signatures will be affixed, and shall obtain the approval of the |
1688 | Secretary of State of such form. The Secretary of State shall |
1689 | adopt rules pursuant to s. 120.54 prescribing the style and |
1690 | requirements of such form. Upon filing with the Secretary of |
1691 | State, the text of the proposed amendment and all forms filed in |
1692 | connection with this section must, upon request, be made |
1693 | available in alternative formats. |
1694 | (3)(4) Each signature shall be dated when made and shall |
1695 | be valid for a period of 4 years following such date, provided |
1696 | all other requirements of law are met. The sponsor shall submit |
1697 | signed and dated forms to the appropriate supervisor of |
1698 | elections for verification as to the number of registered |
1699 | electors whose valid signatures appear thereon. The supervisor |
1700 | shall promptly verify the signatures upon payment of the fee |
1701 | required by s. 99.097. The supervisor shall promptly record each |
1702 | valid signature in the statewide voter registration system in |
1703 | the manner prescribed by the Secretary of State. Upon completion |
1704 | of verification, the supervisor shall execute a certificate |
1705 | indicating the total number of signatures checked, the number of |
1706 | signatures verified as valid and as being of registered |
1707 | electors, and the distribution by congressional district. This |
1708 | certificate shall be immediately transmitted to the Secretary of |
1709 | State. The supervisor shall retain the signature forms for at |
1710 | least 1 year following the election in which the issue appeared |
1711 | on the ballot or until the Division of Elections notifies the |
1712 | supervisors of elections that the committee which circulated the |
1713 | petition is no longer seeking to obtain ballot position. |
1714 | (4)(5) The Secretary of State shall determine from the |
1715 | signatures verified by the verification certificates received |
1716 | from supervisors of elections and recorded in the statewide |
1717 | voter registration system the total number of verified valid |
1718 | signatures and the distribution of such signatures by |
1719 | congressional districts. Upon a determination that the requisite |
1720 | number and distribution of valid signatures have been obtained, |
1721 | the secretary shall issue a certificate of ballot position for |
1722 | that proposed amendment and shall assign a designating number |
1723 | pursuant to s. 101.161. A petition shall be deemed to be filed |
1724 | with the Secretary of State upon the date of the receipt by the |
1725 | secretary of a certificate or certificates from supervisors of |
1726 | elections indicating the petition has been signed by the |
1727 | constitutionally required number of electors. |
1728 | (5)(6)(a) Within 45 days after receipt of a proposed |
1729 | revision or amendment to the State Constitution by initiative |
1730 | petition from the Secretary of State or, within 30 days after |
1731 | such receipt if receipt occurs 120 days or less before the |
1732 | election at which the question of ratifying the amendment will |
1733 | be presented, the Financial Impact Estimating Conference shall |
1734 | complete an analysis and financial impact statement to be placed |
1735 | on the ballot of the estimated increase or decrease in any |
1736 | revenues or costs to state or local governments resulting from |
1737 | the proposed initiative. The Financial Impact Estimating |
1738 | Conference shall submit the financial impact statement to the |
1739 | Attorney General and Secretary of State. |
1740 | (b)1. The Financial Impact Estimating Conference shall |
1741 | provide an opportunity for any proponents or opponents of the |
1742 | initiative to submit information and may solicit information or |
1743 | analysis from any other entities or agencies, including the |
1744 | Office of Economic and Demographic Research. All meetings of the |
1745 | Financial Impact Estimating Conference shall be open to the |
1746 | public as provided in chapter 286. |
1747 | 2. The Financial Impact Estimating Conference is |
1748 | established to review, analyze, and estimate the financial |
1749 | impact of amendments to or revisions of the State Constitution |
1750 | proposed by initiative. The Financial Impact Estimating |
1751 | Conference shall consist of four principals: one person from the |
1752 | Executive Office of the Governor; the coordinator of the Office |
1753 | of Economic and Demographic Research, or his or her designee; |
1754 | one person from the professional staff of the Senate; and one |
1755 | person from the professional staff of the House of |
1756 | Representatives. Each principal shall have appropriate fiscal |
1757 | expertise in the subject matter of the initiative. A Financial |
1758 | Impact Estimating Conference may be appointed for each |
1759 | initiative. |
1760 | 3. Principals of the Financial Impact Estimating |
1761 | Conference shall reach a consensus or majority concurrence on a |
1762 | clear and unambiguous financial impact statement, no more than |
1763 | 75 words in length, and immediately submit the statement to the |
1764 | Attorney General. Nothing in this subsection prohibits the |
1765 | Financial Impact Estimating Conference from setting forth a |
1766 | range of potential impacts in the financial impact statement. |
1767 | Any financial impact statement that a court finds not to be in |
1768 | accordance with this section shall be remanded solely to the |
1769 | Financial Impact Estimating Conference for redrafting. The |
1770 | Financial Impact Estimating Conference shall redraft the |
1771 | financial impact statement within 15 days. |
1772 | 4. If the members of the Financial Impact Estimating |
1773 | Conference are unable to agree on the statement required by this |
1774 | subsection, or if the Supreme Court has rejected the initial |
1775 | submission by the Financial Impact Estimating Conference and no |
1776 | redraft has been approved by the Supreme Court by 5 p.m. on the |
1777 | 75th day before the election, the following statement shall |
1778 | appear on the ballot pursuant to s. 101.161(1): "The financial |
1779 | impact of this measure, if any, cannot be reasonably determined |
1780 | at this time." |
1781 | (c) The financial impact statement must be separately |
1782 | contained and be set forth after the ballot summary as required |
1783 | in s. 101.161(1). |
1784 | (d)1. Any financial impact statement that the Supreme |
1785 | Court finds not to be in accordance with this subsection shall |
1786 | be remanded solely to the Financial Impact Estimating Conference |
1787 | for redrafting, provided the court's advisory opinion is |
1788 | rendered at least 75 days before the election at which the |
1789 | question of ratifying the amendment will be presented. The |
1790 | Financial Impact Estimating Conference shall prepare and adopt a |
1791 | revised financial impact statement no later than 5 p.m. on the |
1792 | 15th day after the date of the court's opinion. |
1793 | 2. If, by 5 p.m. on the 75th day before the election, the |
1794 | Supreme Court has not issued an advisory opinion on the initial |
1795 | financial impact statement prepared by the Financial Impact |
1796 | Estimating Conference for an initiative amendment that otherwise |
1797 | meets the legal requirements for ballot placement, the financial |
1798 | impact statement shall be deemed approved for placement on the |
1799 | ballot. |
1800 | 3. In addition to the financial impact statement required |
1801 | by this subsection, the Financial Impact Estimating Conference |
1802 | shall draft an initiative financial information statement. The |
1803 | initiative financial information statement should describe in |
1804 | greater detail than the financial impact statement any projected |
1805 | increase or decrease in revenues or costs that the state or |
1806 | local governments would likely experience if the ballot measure |
1807 | were approved. If appropriate, the initiative financial |
1808 | information statement may include both estimated dollar amounts |
1809 | and a description placing the estimated dollar amounts into |
1810 | context. The initiative financial information statement must |
1811 | include both a summary of not more than 500 words and additional |
1812 | detailed information that includes the assumptions that were |
1813 | made to develop the financial impacts, workpapers, and any other |
1814 | information deemed relevant by the Financial Impact Estimating |
1815 | Conference. |
1816 | 4. The Department of State shall have printed, and shall |
1817 | furnish to each supervisor of elections, a copy of the summary |
1818 | from the initiative financial information statements. The |
1819 | supervisors shall have the summary from the initiative financial |
1820 | information statements available at each polling place and at |
1821 | the main office of the supervisor of elections upon request. |
1822 | 5. The Secretary of State and the Office of Economic and |
1823 | Demographic Research shall make available on the Internet each |
1824 | initiative financial information statement in its entirety. In |
1825 | addition, each supervisor of elections whose office has a |
1826 | website shall post the summary from each initiative financial |
1827 | information statement on the website. Each supervisor shall |
1828 | include the Internet addresses for the information statements on |
1829 | the Secretary of State's and the Office of Economic and |
1830 | Demographic Research's websites in the publication or mailing |
1831 | required by s. 101.20. |
1832 | (6)(7) The Department of State may adopt rules in |
1833 | accordance with s. 120.54 to carry out the provisions of |
1834 | subsections (1)-(5) (1)-(6). |
1835 | Section 29. Subsection (3) of section 101.001, Florida |
1836 | Statutes, is amended to read: |
1837 | 101.001 Precincts and polling places; boundaries.-- |
1838 | (3)(a) Each supervisor of elections shall maintain a |
1839 | suitable map drawn to a scale no smaller than 3 miles to the |
1840 | inch and clearly delineating all major observable features such |
1841 | as roads, streams, and railway lines and showing the current |
1842 | geographical boundaries of each precinct, representative |
1843 | district, and senatorial district, and other type of district in |
1844 | the county subject to the elections process in this code. |
1845 | (b) The supervisor of elections shall notify the Secretary |
1846 | of State in writing within 30 days after of any reorganization |
1847 | of precincts and shall furnish a copy of the map showing the |
1848 | current geographical boundaries and designation of each new |
1849 | precinct. However, if precincts are composed of whole census |
1850 | blocks, the supervisor may furnish, in lieu of a copy of the |
1851 | map, a list, in an electronic format prescribed by the |
1852 | Department of State, associating each census block in the county |
1853 | with its precinct. |
1854 | (c) Any precinct established or altered under the |
1855 | provisions of this section shall consist of areas bounded on all |
1856 | sides only by: |
1857 | 1. Census block boundaries from the most recent United |
1858 | States Census; |
1859 | 2. Governmental unit boundaries reported in the most |
1860 | recent Boundary and Annexation Survey published by the United |
1861 | States Census Bureau; |
1862 | 3. Visible features that are readily distinguishable upon |
1863 | the ground, such as streets, railroads, tracks, streams, and |
1864 | lakes, and that are indicated upon current census maps, official |
1865 | Department of Transportation maps, official municipal maps, |
1866 | official county maps, or a combination of such maps; |
1867 | 4. Boundaries of public parks, public school grounds, or |
1868 | churches; or |
1869 | 5. Boundaries of counties, incorporated municipalities, or |
1870 | other political subdivisions that meet criteria established by |
1871 | the United States Census Bureau for block boundaries. |
1872 | (d) Until July 1, 2012, a supervisor may apply for and |
1873 | obtain from the Secretary of State a waiver of the requirement |
1874 | in paragraph (c). |
1875 | Section 30. Subsections (1) and (3) of section 101.043, |
1876 | Florida Statutes, are amended to read: |
1877 | 101.043 Identification required at polls.-- |
1878 | (1) The precinct register, as prescribed in s. 98.461, |
1879 | shall be used at the polls in lieu of the registration books for |
1880 | the purpose of identifying the elector at the polls prior to |
1881 | allowing him or her to vote. The clerk or inspector shall |
1882 | require each elector, upon entering the polling place, to |
1883 | present one of the following a current and valid picture |
1884 | identifications: |
1885 | (a) Florida driver's license. |
1886 | (b) Florida identification card issued by the Department |
1887 | of Highway Safety and Motor Vehicles. |
1888 | (c) United States passport. |
1889 | (d) Employee badge or identification. |
1890 | (e) Buyer's club identification. |
1891 | (f) Debit or credit card. |
1892 | (g) Military identification. |
1893 | (h) Student identification. |
1894 | (i) Retirement center identification. |
1895 | (j) Neighborhood association identification. |
1896 | (k) Public assistance identification as provided in s. |
1897 | 97.0535(3)(a). |
1898 |
|
1899 | If the picture identification does not contain the signature of |
1900 | the voter, an additional identification that provides the |
1901 | voter's signature shall be required. The elector shall sign his |
1902 | or her name in the space provided on the precinct register or on |
1903 | an electronic device provided for recording the voter's |
1904 | signature., and The clerk or inspector shall compare the |
1905 | signature with that on the identification provided by the |
1906 | elector and enter his or her initials in the space provided on |
1907 | the precinct register or on an electronic device provided for |
1908 | that purpose and allow the elector to vote if the clerk or |
1909 | inspector is satisfied as to the identity of the elector. |
1910 | (3) If the elector who fails to furnish the required |
1911 | identification is an elector subject to s. 97.0535 a first-time |
1912 | voter who registered by mail and has not provided the required |
1913 | identification to a voter registration official the supervisor |
1914 | of elections prior to election day, the elector shall be allowed |
1915 | to vote a provisional ballot. The canvassing board shall |
1916 | determine the validity of the ballot pursuant to s. 101.048(2). |
1917 | Section 31. Subsections (2) and (3) of section 101.045, |
1918 | Florida Statutes, are amended to read: |
1919 | 101.045 Electors must be registered in precinct; |
1920 | provisions for residence or name change.-- |
1921 | (2)(a) An elector who moves from the precinct within the |
1922 | county in which the elector is registered may be permitted to |
1923 | vote in the precinct to which he or she has moved his or her |
1924 | legal residence, provided such elector completes an affirmation |
1925 | in substantially the following form: |
1926 | Change of Legal Residence of Registered |
1927 | Voter |
1928 |
|
1929 | Under penalties for false swearing, I, (Name of voter) , swear |
1930 | (or affirm) that the former address of my legal residence was |
1931 | (Address of legal residence) in the municipality of _____, in |
1932 | _____ County, Florida, and I was registered to vote in the _____ |
1933 | precinct of _____ County, Florida; that I have not voted in the |
1934 | precinct of my former registration in this election; that I now |
1935 | reside at (Address of legal residence) in the Municipality of |
1936 | _____, in _____ County, Florida, and am therefore eligible to |
1937 | vote in the _____ precinct of _____ County, Florida; and I |
1938 | further swear (or affirm) that I am otherwise legally registered |
1939 | and entitled to vote. |
1940 | (Signature of voter whose address of legal |
1941 | residence has changed) |
1942 | (b) An elector whose name changes because of marriage or |
1943 | other legal process may be permitted to vote, provided such |
1944 | elector completes an affirmation in substantially the following |
1945 | form: |
1946 | Change of Name of Registered |
1947 | Voter |
1948 |
|
1949 | Under penalties for false swearing, I, (New name of voter) , |
1950 | swear (or affirm) that my name has been changed |
1951 | because of marriage or other legal process. My former name and |
1952 | address of legal residence appear on the registration records |
1953 | books of precinct _____ as follows: |
1954 | Name |
1955 | Address |
1956 | Municipality |
1957 | County |
1958 | Florida, Zip |
1959 | My present name and address of legal residence are as follows: |
1960 | Name |
1961 | Address |
1962 | Municipality |
1963 | County |
1964 | Florida, Zip |
1965 | and I further swear (or affirm) that I am otherwise legally |
1966 | registered and entitled to vote. |
1967 | (Signature of voter whose name has changed) |
1968 | (c) Such affirmation, when completed and presented at the |
1969 | precinct in which such elector is entitled to vote, and upon |
1970 | verification of the elector's registration, shall entitle such |
1971 | elector to vote as provided in this subsection. If the elector's |
1972 | eligibility to vote cannot be determined, he or she shall be |
1973 | entitled to vote a provisional ballot, subject to the |
1974 | requirements and procedures in s. 101.048. Upon receipt of an |
1975 | affirmation certifying a change in address of legal residence or |
1976 | name, the supervisor shall as soon as practicable make the |
1977 | necessary changes in the statewide voter registration system |
1978 | records of the county to indicate the change in address of legal |
1979 | residence or name of such elector. |
1980 | (d) Instead of the affirmation contained in paragraph (a) |
1981 | or paragraph (b), an elector may complete a voter registration |
1982 | application that indicates the change of name or change of |
1983 | address of legal residence. |
1984 | (e) A request for an absentee ballot pursuant to s. 101.62 |
1985 | which indicates that the elector has had a change of address of |
1986 | legal residence from that in the supervisor's records shall be |
1987 | sufficient as the notice to the supervisor of change of address |
1988 | of legal residence required by this section. Upon receipt of |
1989 | such request for an absentee ballot from an elector who has |
1990 | changed his or her address of legal residence, the supervisor |
1991 | shall provide the elector with the proper ballot for the |
1992 | precinct in which the elector then has his or her legal |
1993 | residence. |
1994 | (3) When an elector's name does not appear on the |
1995 | registration books of the election precinct in which the elector |
1996 | is registered, the elector may have his or her name restored if |
1997 | the supervisor is otherwise satisfied that the elector is |
1998 | validly registered, that the elector's name has been erroneously |
1999 | omitted from the books, and that the elector is entitled to have |
2000 | his or her name restored. The supervisor, if he or she is |
2001 | satisfied as to the elector's previous registration, shall allow |
2002 | such person to vote and shall thereafter issue a duplicate |
2003 | registration identification card. |
2004 | Section 32. Subsection (1) of section 101.048, Florida |
2005 | Statutes, is amended to read: |
2006 | 101.048 Provisional ballots.-- |
2007 | (1) At all elections, a voter claiming to be properly |
2008 | registered in the state county and eligible to vote at the |
2009 | precinct in the election, but whose eligibility cannot be |
2010 | determined, and other persons specified in the code shall be |
2011 | entitled to vote a provisional ballot. Once voted, the |
2012 | provisional ballot shall be placed in a secrecy envelope and |
2013 | thereafter sealed in a provisional ballot envelope. The |
2014 | provisional ballot shall be deposited in a ballot box. All |
2015 | provisional ballots shall remain sealed in their envelopes for |
2016 | return to the supervisor of elections. The department shall |
2017 | prescribe the form of the provisional ballot envelope. |
2018 | Section 33. Effective January 1, 2007, subsection (1) of |
2019 | section 101.161, Florida Statutes, is amended to read: |
2020 | 101.161 Referenda; ballots.-- |
2021 | (1) Whenever a constitutional amendment or other public |
2022 | measure is submitted to the vote of the people, the substance of |
2023 | such amendment or other public measure shall be printed in clear |
2024 | and unambiguous language on the ballot after the list of |
2025 | candidates, followed by the word "yes" and also by the word |
2026 | "no," and shall be styled in such a manner that a "yes" vote |
2027 | will indicate approval of the proposal and a "no" vote will |
2028 | indicate rejection. The wording of the substance of the |
2029 | amendment or other public measure and the ballot title to appear |
2030 | on the ballot shall be embodied in the joint resolution, |
2031 | constitutional revision commission proposal, constitutional |
2032 | convention proposal, taxation and budget reform commission |
2033 | proposal, or enabling resolution or ordinance. Except for |
2034 | amendments and ballot language proposed by joint resolution, the |
2035 | substance of the amendment or other public measure shall be an |
2036 | explanatory statement, not exceeding 75 words in length, of the |
2037 | chief purpose of the measure. In addition, for every amendment |
2038 | proposed by initiative, the ballot shall include, following the |
2039 | ballot summary, a separate financial impact statement concerning |
2040 | the measure prepared by the Financial Impact Estimating |
2041 | Conference in accordance with s. 100.371(5)(6). The ballot title |
2042 | shall consist of a caption, not exceeding 15 words in length, by |
2043 | which the measure is commonly referred to or spoken of. |
2044 | Section 34. Subsection (2) of section 101.56062, Florida |
2045 | Statutes, as created by chapter 2002-281, Laws of Florida, is |
2046 | amended to read: |
2047 | 101.56062 Standards for accessible voting systems.-- |
2048 | (2) Such voting system must include at least one |
2049 | accessible voter interface device installed in each polling |
2050 | place precinct which meets the requirements of this section, |
2051 | except for paragraph (1)(d). |
2052 | Section 35. Subsection (1) of section 101.5608, Florida |
2053 | Statutes, is amended to read: |
2054 | 101.5608 Voting by electronic or electromechanical method; |
2055 | procedures.-- |
2056 | (1) Each elector desiring to vote shall be identified to |
2057 | the clerk or inspector of the election as a duly qualified |
2058 | elector of such election and shall sign his or her name on the |
2059 | in ink or indelible pencil to an identification blank, signature |
2060 | slip, precinct register, or other form or device provided by the |
2061 | supervisor ballot stub on which the ballot serial number may be |
2062 | recorded. The inspector shall compare the signature with the |
2063 | signature on the identification provided by the elector. If the |
2064 | inspector is reasonably sure that the person is entitled to |
2065 | vote, the inspector shall provide the person with a ballot. |
2066 | Section 36. Effective August 1, 2006, section 101.573, |
2067 | Florida Statutes, is created to read: |
2068 | 101.573 Record of votes by precinct.-- |
2069 | (1) Within 75 days after the date of a municipal election |
2070 | or runoff, whichever occurs later, a presidential preference |
2071 | primary, or a general election, the supervisor of elections |
2072 | shall file with the Department of State precinct-level election |
2073 | results for that election cycle, including any primary |
2074 | elections. Precinct-level election results shall record for each |
2075 | precinct the returns of ballots cast at the precinct location to |
2076 | which have been added the returns of absentee and early ballots |
2077 | cast by voters registered in the precinct. |
2078 | (2) The Department of State shall adopt rules pursuant to |
2079 | ss. 120.536(1) and 120.54 prescribing the form by which |
2080 | supervisors of elections shall submit election results for each |
2081 | precinct. |
2082 | Section 37. Effective January 1, 2007, paragraph (a) of |
2083 | subsection (4) of section 101.62, Florida Statutes, is amended |
2084 | to read: |
2085 | 101.62 Request for absentee ballots.-- |
2086 | (4)(a) To each absent qualified elector overseas who has |
2087 | requested an absentee ballot, the supervisor of elections shall, |
2088 | not fewer than 35 days before the first primary election, mail |
2089 | an absentee ballot. Not fewer than 45 days before the second |
2090 | primary and general election, the supervisor of elections shall |
2091 | mail an advance absentee ballot to those persons requesting |
2092 | ballots for such elections. The advance absentee ballot for the |
2093 | second primary shall be the same as the first primary absentee |
2094 | ballot as to the names of candidates, except that for any |
2095 | offices where there are only two candidates, those offices and |
2096 | all political party executive committee offices shall be |
2097 | omitted. Except as provided in ss. 99.063(4) and 100.371(5)(6), |
2098 | the advance absentee ballot for the general election shall be as |
2099 | specified in s. 101.151, except that in the case of candidates |
2100 | of political parties where nominations were not made in the |
2101 | first primary, the names of the candidates placing first and |
2102 | second in the first primary election shall be printed on the |
2103 | advance absentee ballot. The advance absentee ballot or advance |
2104 | absentee ballot information booklet shall be of a different |
2105 | color for each election and also a different color from the |
2106 | absentee ballots for the first primary, second primary, and |
2107 | general election. The supervisor shall mail an advance absentee |
2108 | ballot for the second primary and general election to each |
2109 | qualified absent elector for whom a request is received until |
2110 | the absentee ballots are printed. The supervisor shall enclose |
2111 | with the advance second primary absentee ballot and advance |
2112 | general election absentee ballot an explanation stating that the |
2113 | absentee ballot for the election will be mailed as soon as it is |
2114 | printed; and, if both the advance absentee ballot and the |
2115 | absentee ballot for the election are returned in time to be |
2116 | counted, only the absentee ballot will be counted. The |
2117 | Department of State may prescribe by rule the requirements for |
2118 | preparing and mailing absentee ballots to absent qualified |
2119 | electors overseas. |
2120 | Section 38. Subsection (3) is added to section 101.64, |
2121 | Florida Statutes, to read: |
2122 | 101.64 Delivery of absentee ballots; envelopes; form.-- |
2123 | (3) The supervisor shall mark, code, indicate on, or |
2124 | otherwise track the precinct of the absent elector for each |
2125 | absentee ballot. |
2126 | Section 39. Paragraph (a) of subsection (1) of section |
2127 | 101.657, Florida Statutes, is amended to read: |
2128 | 101.657 Early voting.-- |
2129 | (1)(a) The supervisor of elections shall allow an elector |
2130 | to vote early in the main or branch office of the supervisor by |
2131 | depositing the voted ballot in a voting device used by the |
2132 | supervisor to collect or tabulate ballots. The supervisor shall |
2133 | mark, code, indicate on, or otherwise track the voter's precinct |
2134 | for each early voted ballot. In order for a branch office to be |
2135 | used for early voting, it shall be a full-service facility of |
2136 | the supervisor and shall have been designated as such at least 1 |
2137 | year prior to the election. The supervisor may designate any |
2138 | city hall or public library as early voting sites; however, if |
2139 | so designated, the sites must be geographically located so as to |
2140 | provide all voters in the county an equal opportunity to cast a |
2141 | ballot, insofar as is practicable. The results or tabulation may |
2142 | not be made before the close of the polls on election day. |
2143 | Section 40. Section 101.663, Florida Statutes, is amended |
2144 | to read: |
2145 | 101.663 Electors; change of residence to another state.-- |
2146 | (1) An elector who changes his or her residence to another |
2147 | county in Florida from the county in Florida in which he or she |
2148 | is registered as an elector after the books in the county to |
2149 | which the elector has changed his or her residence are closed |
2150 | for any general, primary, or special election shall be permitted |
2151 | to vote absentee in the county of his or her former residence in |
2152 | that election for President and Vice President, United States |
2153 | Senator, statewide offices, and statewide issues. Such person |
2154 | shall not be permitted to vote in the county of the person's |
2155 | former residence after the general election. |
2156 | (2) An elector registered in this state who moves his or |
2157 | her permanent residence to another state and who is prohibited |
2158 | by the laws of that state from voting for the offices of |
2159 | President and Vice President of the United States shall be |
2160 | permitted to vote absentee in the county of his or her former |
2161 | residence for those offices. |
2162 | Section 41. Subsection (1) of section 101.6921, Florida |
2163 | Statutes, is amended to read: |
2164 | 101.6921 Delivery of special absentee ballot to certain |
2165 | first-time voters.-- |
2166 | (1) The provisions of this section apply to voters who are |
2167 | subject to the provisions of s. 97.0535 registered to vote by |
2168 | mail, who have not previously voted in the county, and who have |
2169 | not provided the identification or certification required by s. |
2170 | 97.0535 by the time the absentee ballot is mailed. |
2171 | Section 42. Section 101.6923, Florida Statutes, is amended |
2172 | to read: |
2173 | 101.6923 Special absentee ballot instructions for certain |
2174 | first-time voters.-- |
2175 | (1) The provisions of this section apply to voters who are |
2176 | subject to the provisions of s. 97.0535 registered to vote by |
2177 | mail, who have not previously voted in the county, and who have |
2178 | not provided the identification or information required by s. |
2179 | 97.0535 by the time the absentee ballot is mailed. |
2180 | (2) A voter covered by this section shall be provided with |
2181 | the following printed instructions with his or her absentee |
2182 | ballot in substantially the following form: |
2183 |
|
2184 | READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING |
2185 | YOUR BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS |
2186 | MAY CAUSE YOUR BALLOT NOT TO COUNT. |
2187 | 1. In order to ensure that your absentee ballot will be |
2188 | counted, it should be completed and returned as soon as possible |
2189 | so that it can reach the supervisor of elections of the county |
2190 | in which your precinct is located no later than 7 p.m. on the |
2191 | date of the election. |
2192 | 2. Mark your ballot in secret as instructed on the ballot. |
2193 | You must mark your own ballot unless you are unable to do so |
2194 | because of blindness, disability, or inability to read or write. |
2195 | 3. Mark only the number of candidates or issue choices for |
2196 | a race as indicated on the ballot. If you are allowed to "Vote |
2197 | for One" candidate and you vote for more than one, your vote in |
2198 | that race will not be counted. |
2199 | 4. Place your marked ballot in the enclosed secrecy |
2200 | envelope and seal the envelope. |
2201 | 5. Insert the secrecy envelope into the enclosed envelope |
2202 | bearing the Voter's Certificate. Seal the envelope and |
2203 | completely fill out the Voter's Certificate on the back of the |
2204 | envelope. |
2205 | a. You must sign your name on the line above (Voter's |
2206 | Signature). |
2207 | b. If you are an overseas voter, you must include the date |
2208 | you signed the Voter's Certificate on the line above (Date) or |
2209 | your ballot may not be counted. |
2210 | 6. Unless you meet one of the exemptions in Item 7., you |
2211 | must make a copy of one of the following forms of |
2212 | identification: |
2213 | a. Identification which must include your name and |
2214 | photograph: current and valid Florida driver's license; Florida |
2215 | identification card issued by the Department of Highway Safety |
2216 | and Motor Vehicles; United States passport; employee badge or |
2217 | identification; buyer's club identification card; debit or |
2218 | credit card; military identification; student identification; |
2219 | retirement center identification; neighborhood association |
2220 | identification; entertainment identification; or public |
2221 | assistance identification; or |
2222 | b. Identification which shows your name and current |
2223 | residence address: current utility bill, bank statement, |
2224 | government check, paycheck, or government document (excluding |
2225 | voter identification card). |
2226 | 7. The identification requirements of Item 6. do not apply |
2227 | if you meet one of the following requirements: |
2228 | a. You are 65 years of age or older. |
2229 | b. You have a temporary or permanent physical disability. |
2230 | c. You are a member of a uniformed service on active duty |
2231 | who, by reason of such active duty, will be absent from the |
2232 | county on election day. |
2233 | d. You are a member of the Merchant Marine who, by reason |
2234 | of service in the Merchant Marine, will be absent from the |
2235 | county on election day. |
2236 | e. You are the spouse or dependent of a member referred to |
2237 | in paragraph c. or paragraph d. who, by reason of the active |
2238 | duty or service of the member, will be absent from the county on |
2239 | election day. |
2240 | f. You are currently residing outside the United States. |
2241 | 8. Place the envelope bearing the Voter's Certificate into |
2242 | the mailing envelope addressed to the supervisor. Insert a copy |
2243 | of your identification in the mailing envelope. DO NOT PUT YOUR |
2244 | IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR |
2245 | INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR |
2246 | BALLOT WILL NOT COUNT. |
2247 | 9. Mail, deliver, or have delivered the completed mailing |
2248 | envelope. Be sure there is sufficient postage if mailed. |
2249 | 10. FELONY NOTICE. It is a felony under Florida law to |
2250 | accept any gift, payment, or gratuity in exchange for your vote |
2251 | for a candidate. It is also a felony under Florida law to vote |
2252 | in an election using a false identity or false address, or under |
2253 | any other circumstances making your ballot false or fraudulent. |
2254 | Section 43. Subsection (3) of section 102.012, Florida |
2255 | Statutes, is amended to read: |
2256 | 102.012 Inspectors and clerks to conduct elections.-- |
2257 | (3) The supervisor shall furnish inspectors of election |
2258 | for each precinct with the list of registered electors for that |
2259 | precinct registration books divided alphabetically as will best |
2260 | facilitate the holding of an election. The supervisor shall also |
2261 | furnish to the inspectors of election at the polling place at |
2262 | each precinct in the supervisor's county a sufficient number of |
2263 | forms and blanks for use on election day. |
2264 | Section 44. Subsections (1), (2), and (3) of section |
2265 | 104.013, Florida Statutes, are amended to read: |
2266 | 104.013 Unauthorized use, possession, or destruction of |
2267 | voter information registration identification card.-- |
2268 | (1) It is unlawful for any person knowingly to have in his |
2269 | or her possession any blank, forged, stolen, fictitious, |
2270 | counterfeit, or unlawfully issued voter information registration |
2271 | identification card unless possession by such person has been |
2272 | duly authorized by the supervisor. |
2273 | (2) It is unlawful for any person to barter, trade, sell, |
2274 | or give away a voter information registration identification |
2275 | card unless said person has been duly authorized to issue a |
2276 | voter information registration identification card. |
2277 | (3) It is unlawful for any person willfully to destroy or |
2278 | deface the information registration identification card of a |
2279 | duly registered voter. |
2280 | Section 45. Effective upon becoming a law, subsection (7) |
2281 | is added to section 106.0705, Florida Statutes, to read: |
2282 | 106.0705 Electronic filing of campaign treasurer's |
2283 | reports.-- |
2284 | (7) Notwithstanding anything in law to the contrary, any |
2285 | report required to have been filed under this section for the |
2286 | period ended March 31, 2005, shall be deemed to have been timely |
2287 | filed if the report is filed under this section on or before |
2288 | June 1, 2005. |
2289 | Section 46. Subsection (2) of section 106.08, Florida |
2290 | Statutes, is amended to read: |
2291 | 106.08 Contributions; limitations on.-- |
2292 | (2)(a) A candidate may not accept contributions from |
2293 | national, state, including any subordinate committee of a |
2294 | national, state, or county committee of a political party, and |
2295 | county executive committees of a political party, which |
2296 | contributions in the aggregate exceed $50,000, no more than |
2297 | $25,000 of which may be accepted prior to the 28-day period |
2298 | immediately preceding the date of the general election. |
2299 | (b) A candidate for statewide office may not accept |
2300 | contributions from national, state, or county executive |
2301 | committees of a political party, including any subordinate |
2302 | committee of a national, state, or county committee of a |
2303 | political party, which contributions in the aggregate exceed |
2304 | $250,000, no more than $125,000 of which may be accepted prior |
2305 | to the 28-day period immediately preceding the date of the |
2306 | general election. Polling services, research services, costs for |
2307 | campaign staff, professional consulting services, and telephone |
2308 | calls are not contributions to be counted toward the |
2309 | contribution limits of paragraph (a) or paragraph (b). Any item |
2310 | not expressly identified in this paragraph as nonallocable is a |
2311 | contribution in an amount equal to the fair market value of the |
2312 | item and must be counted as allocable toward the $50,000 |
2313 | contribution limits of paragraph (a) or paragraph (b). |
2314 | Nonallocable, in-kind contributions must be reported by the |
2315 | candidate under s. 106.07 and by the political party under s. |
2316 | 106.29. |
2317 | Section 47. Subsection (3) of section 106.33, Florida |
2318 | Statutes, is amended to read: |
2319 | 106.33 Election campaign financing; eligibility.--Each |
2320 | candidate for the office of Governor or member of the Cabinet |
2321 | who desires to receive contributions from the Election Campaign |
2322 | Financing Trust Fund shall, upon qualifying for office, file a |
2323 | request for such contributions with the filing officer on forms |
2324 | provided by the Division of Elections. If a candidate |
2325 | requesting contributions from the fund desires to have such |
2326 | funds distributed by electronic fund transfers, the request |
2327 | shall include information necessary to implement that procedure. |
2328 | For the purposes of ss. 106.30-106.36, candidates for Governor |
2329 | and Lieutenant Governor on the same ticket shall be considered |
2330 | as a single candidate. To be eligible to receive contributions |
2331 | from the fund, a candidate may not be an unopposed candidate as |
2332 | defined in s. 106.011(15) and must: |
2333 | (3) Limit loans or contributions from the candidate's |
2334 | personal funds to $25,000 and contributions from national, |
2335 | state, and county executive committees of a political party to |
2336 | $250,000 $25,000 in the aggregate, which loans or contributions |
2337 | shall not qualify for meeting the threshold amounts in |
2338 | subsection (2). |
2339 | Section 48. Section 106.34, Florida Statutes, is amended |
2340 | to read: |
2341 | 106.34 Expenditure limits.-- |
2342 | (1) Any candidate for Governor and Lieutenant Governor or |
2343 | Cabinet officer who requests contributions from the Election |
2344 | Campaign Financing Trust Fund shall limit his or her total |
2345 | expenditures as follows: |
2346 | (a) Governor and Lieutenant Governor: $2.00 for each |
2347 | Florida-registered voter $5 million. |
2348 | (b) Cabinet officer: $1.00 for each Florida-registered |
2349 | voter $2 million. |
2350 | (2) The expenditure limit for any candidate with primary |
2351 | election opposition only shall be 60 percent of the limit |
2352 | provided in subsection (1). |
2353 | (3) For purposes of this section, "Florida-registered |
2354 | voter" means a voter who is registered to vote in Florida as of |
2355 | June 30 of each odd-numbered year. The Division of Elections |
2356 | shall certify the total number of Florida-registered voters no |
2357 | later than July 31 of each odd-numbered year. Such total number |
2358 | shall be calculated by adding the number of registered voters in |
2359 | each county as of June 30 in the year of the certification date. |
2360 | For the 2006 general election, the Division of Elections shall |
2361 | certify the total number of Florida-registered voters by July |
2362 | 31, 2005. The expenditure limit shall be adjusted by the |
2363 | Secretary of State quadrennially to reflect the rate of |
2364 | inflation or deflation as indicated in the Consumer Price Index |
2365 | for All Urban Consumers, U.S. City Average, All Items, 1967=100, |
2366 | or successor reports as reported by the United States Department |
2367 | of Labor, Bureau of Labor Statistics. |
2368 | (4) For the purposes of this section, the term |
2369 | "expenditure" does not include the payment of compensation for |
2370 | legal and accounting services rendered on behalf of a candidate. |
2371 | Section 49. Section 196.141, Florida Statutes, is amended |
2372 | to read: |
2373 | 196.141 Homestead exemptions; duty of property appraiser.- |
2374 | - |
2375 | (1) The property appraiser shall examine each claim for |
2376 | exemption filed with or referred to him or her and shall allow |
2377 | the same, if found to be in accordance with law, by marking the |
2378 | same approved and by making the proper deductions on the tax |
2379 | books. |
2380 | (2) The property appraiser shall examine each referral, of |
2381 | a person registering to vote at an address different from the |
2382 | one where the person has filed for a homestead exemption, which |
2383 | has been provided by a supervisor of elections pursuant to s. |
2384 | 98.015. The property appraiser shall initiate procedures to |
2385 | terminate a person's homestead exemption and assess back taxes, |
2386 | if appropriate, if the person claiming such exemption is not |
2387 | entitled to the exemption under law. |
2388 | Section 50. Subsection (4) of section 120.54, Florida |
2389 | Statutes, is amended to read: |
2390 | 120.54 Rulemaking.-- |
2391 | (4) EMERGENCY RULES.-- |
2392 | (a) If an agency finds that an immediate danger to the |
2393 | public health, safety, or welfare requires emergency action, the |
2394 | agency may adopt any rule necessitated by the immediate danger. |
2395 | The agency may adopt a rule by any procedure which is fair under |
2396 | the circumstances if: |
2397 | 1. The procedure provides at least the procedural |
2398 | protection given by other statutes, the State Constitution, or |
2399 | the United States Constitution. |
2400 | 2. The agency takes only that action necessary to protect |
2401 | the public interest under the emergency procedure. |
2402 | 3. The agency publishes in writing at the time of, or |
2403 | prior to, its action the specific facts and reasons for finding |
2404 | an immediate danger to the public health, safety, or welfare and |
2405 | its reasons for concluding that the procedure used is fair under |
2406 | the circumstances. In any event, notice of emergency rules, |
2407 | other than those of educational units or units of government |
2408 | with jurisdiction in only one or a part of one county, including |
2409 | the full text of the rules, shall be published in the first |
2410 | available issue of the Florida Administrative Weekly and |
2411 | provided to the committee. The agency's findings of immediate |
2412 | danger, necessity, and procedural fairness shall be judicially |
2413 | reviewable. |
2414 | (b) Rules pertaining to the public health, safety, or |
2415 | welfare shall include rules pertaining to perishable |
2416 | agricultural commodities or rules pertaining to the |
2417 | interpretation and implementation of the requirements of |
2418 | chapters 97 through 102 and 105 of the Election Code. |
2419 | (c) An emergency rule adopted under this subsection shall |
2420 | not be effective for a period longer than 90 days and shall not |
2421 | be renewable, except during the pendency of a challenge to |
2422 | proposed rules addressing the subject of the emergency rule. |
2423 | However, the agency may take identical action by the rulemaking |
2424 | procedures specified in this chapter. |
2425 | (d) Subject to applicable constitutional and statutory |
2426 | provisions, an emergency rule becomes effective immediately on |
2427 | filing, or on a date less than 20 days thereafter if specified |
2428 | in the rule, if the adopting agency finds that such effective |
2429 | date is necessary because of immediate danger to the public |
2430 | health, safety, or welfare. |
2431 | Section 51. Subsection (1) of section 99.061, Florida |
2432 | Statutes, is amended to read: |
2433 | 99.061 Method of qualifying for nomination or election to |
2434 | federal, state, county, or district office.-- |
2435 | (1) The provisions of any special act to the contrary |
2436 | notwithstanding, each person seeking to qualify for nomination |
2437 | or election to a federal, state, or multicounty district office, |
2438 | other than election to a judicial office as defined in chapter |
2439 | 105 or the office of school board member, shall file his or her |
2440 | qualification papers with, and pay the qualifying fee, which |
2441 | shall consist of the filing fee and election assessment, and |
2442 | party assessment, if any has been levied, to, the Department of |
2443 | State, or qualify by the alternative method with the Department |
2444 | of State, at any time after noon of the 1st day for qualifying, |
2445 | which shall be as follows: the 120th day prior to the first |
2446 | primary, but not later than noon of the 116th day prior to the |
2447 | date of the first primary, for persons seeking to qualify for |
2448 | nomination or election to federal office or the office of the |
2449 | state attorney or public defender; and noon of the 50th day |
2450 | prior to the first primary, but not later than noon of the 46th |
2451 | day prior to the date of the first primary, for persons seeking |
2452 | to qualify for nomination or election to a state or multicounty |
2453 | district office, other than the office of state attorney or |
2454 | public defender. |
2455 | Section 52. Subsection (4) of section 322.142, Florida |
2456 | Statutes, is amended to read: |
2457 | 322.142 Color photographic or digital imaged licenses.-- |
2458 | (4) The department may maintain a film negative or print |
2459 | file. The department shall maintain a record of the digital |
2460 | image and signature of the licensees, together with other data |
2461 | required by the department for identification and retrieval. |
2462 | Reproductions from the file or digital record shall be made and |
2463 | issued only for departmental administrative purposes; for the |
2464 | issuance of duplicate licenses; in response to law enforcement |
2465 | agency requests; to the Department of State pursuant to an |
2466 | interagency agreement to facilitate determinations of |
2467 | eligibility of voter registration applicants and registered |
2468 | voters in accordance with ss. 98.045 and 98.075; to the |
2469 | Department of Revenue pursuant to an interagency agreement to |
2470 | facilitate service of process in Title IV-D cases; or to the |
2471 | Department of Financial Services pursuant to an interagency |
2472 | agreement to facilitate the location of owners of unclaimed |
2473 | property, the validation of unclaimed property claims, and the |
2474 | identification of fraudulent or false claims, and are exempt |
2475 | from the provisions of s. 119.07(1). |
2476 | Section 53. Absentee ballots and voting; violations.--Any |
2477 | person who provides or offers to provide, and any person who |
2478 | accepts, a pecuniary or other benefit in exchange for |
2479 | distributing, ordering, requesting, collecting, delivering, or |
2480 | otherwise physically possessing absentee ballots, with intent to |
2481 | alter, change, modify, or erase any vote on the absentee ballot, |
2482 | except as provided in sections 101.6105-101.695, Florida |
2483 | Statutes, commits a felony of the third degree, punishable as |
2484 | provided in section 775.082, section 775.083, or section |
2485 | 775.084, Florida Statutes. |
2486 | Section 54. Subsection (1) of section 104.047, Florida |
2487 | Statutes, is repealed. |
2488 | Section 55. Sections 98.055, 98.095, 98.0977, 98.0979, |
2489 | 98.101, 98.181, 98.231, 98.451, 98.481, and 101.635, Florida |
2490 | Statutes, are repealed. |
2491 | Section 56. Except as otherwise expressly provided in this |
2492 | act and except for this section, which shall take effect upon |
2493 | becoming a law, this act shall take effect January 1, 2006. |