HB 1589

A bill to be entitled
2An act relating to elections; amending s. 97.012, F.S.;
3revising the duties of the Secretary of State and the
4Department of State relating to election laws; providing
5for rulemaking; authorizing the Secretary of State to
6delegate voter registration and records maintenance duties
7to voter registration officials; providing that the
8secretary has a duty to bring legal action to enforce the
9performance of county supervisors of elections or other
10officials performing duties relating to the Florida
11Election Code; providing a prerequisite to bringing such
12an action; providing venue; requiring that courts give
13priority to such an action; providing penalties; providing
14for the adoption of rules; amending s. 97.021, F.S.;
15revising and providing definitions; amending s. 97.026,
16F.S.; providing rulemaking authority to make forms
17available in alternative formats and via the Internet;
18correcting a cross-reference; amending s. 97.051, F.S.;
19revising the oath taken by a person registering to vote;
20amending s. 97.052, F.S.; requiring that the uniform
21statewide voter registration application be accepted for
22replacement of a voter information card and signature
23update; revising the information the uniform statewide
24voter registration application must contain and must
25elicit from the applicant; providing for the failure of a
26voter registration applicant to answer questions on the
27voter registration application; amending s. 97.053, F.S.;
28revising the criteria for completeness of a voter
29registration application; specifying the possible valid
30recipients of a mailed voter registration application;
31revising the information needed on a voter registration
32application to establish an applicant's eligibility;
33providing for verification of authenticity of certain
34voter registration application information; providing for
35a provisional ballot to be provided to an applicant if the
36application is not verified by a certain date; requiring a
37voter registration official to enter all voter
38registration applications into the voter registration
39system within a certain time period and forward such
40applications to the supervisor of elections; amending s.
4197.0535, F.S.; providing for applicants who have no valid
42Florida driver's license, identification card, or social
43security number; amending s. 97.055, F.S.; specifying the
44information updates permitted for purposes of an upcoming
45election once registration books are closed; amending s.
4697.057, F.S.; revising the voter registration procedure by
47the Department of Highway Safety and Motor Vehicles;
48amending s. 97.058, F.S.; revising duties of voter
49registration agencies; amending s. 97.061, F.S.; revising
50special registration procedures for electors requiring
51assistance; amending s. 97.071, F.S.; redesignating the
52registration identification card as the voter information
53card; revising the required contents of the card; deleting
54provisions relating to the second primary; amending s.
5597.073, F.S.; revising the procedure by which an applicant
56must supply missing information on the voter registration
57application; revising provisions relating to cancellation
58of previous registration; amending s. 97.1031, F.S.;
59revising provisions relating to notice of change of
60residence, name, or party affiliation; amending s. 97.105,
61F.S., relating to establishment of the permanent single
62registration system, to conform; amending s. 98.015, F.S.;
63revising the duties of supervisors of elections; creating
64s. 98.035, F.S.; establishing a statewide voter
65registration system; requiring the Secretary of State to
66be responsible for the implementation, operation, and
67maintenance of the system; prohibiting the department from
68contracting with any other entity to operate the system;
69authorizing the department to adopt rules relating to the
70access, use, and operation of the system; amending s.
7198.045, F.S.; revising provisions relating to
72administration of voter registration; providing for the
73responsibility of such administration to be undertaken by
74the department in lieu of supervisors of elections;
75specifying ineligibility criteria; revising provisions
76relating to removal of registered voters; revising
77provisions relating to public records access and
78retention; providing for the establishment of a statewide
79electronic database of valid residential street addresses;
80authorizing the department to adopt rules relating to
81certain voter registration system forms; amending s.
8298.065, F.S.; revising provisions relating to registration
83records maintenance; providing for change of address;
84providing limitations on notice and renewal; requiring
85supervisors of elections to certify to the department
86certain list maintenance activities; providing penalties;
87amending s. 98.075, F.S.; providing for registration
88records maintenance by the department; providing
89procedures in cases involving duplicate registration,
90deceased persons, adjudication of mental incapacity,
91felony conviction, and other bases for ineligibility;
92providing procedures for removal; requiring supervisors of
93elections to certify to the department certain
94registration records maintenance activities; creating s.
9598.0755, F.S.; providing for appeal of a determination of
96ineligibility; providing for jurisdiction, burden of
97proof, and trial costs; amending s. 98.077, F.S.; revising
98provisions relating to updating a voter's signature;
99amending s. 98.081, F.S., relating to removal of names
100from the statewide voter registration system, to conform;
101deleting provisions relating to the second primary;
102amending s. 98.093, F.S.; revising the duty of officials
103to furnish lists of deceased persons, persons adjudicated
104mentally incapacitated, and persons convicted of a felony;
105creating 98.0981, F.S.; requiring the department to
106furnish certain voter information to the Legislature;
107amending s. 98.212, F.S., relating to furnishing of
108statistical and other information, to conform; amending s.
10998.461, F.S.; authorizing use of an electronic database as
110a precinct register and use of an electronic device for
111voter signatures and witness initials; amending s.
112100.371, F.S.; revising the procedure by which
113constitutional amendments proposed by initiative shall be
114placed on the ballot; amending s. 101.001, F.S.; revising
115requirements of supervisors relating to precincts and
116precinct boundaries; providing exceptions; amending s.
117101.043, F.S.; revising requirements and procedures
118relating to identification required at polls; amending s.
119101.045, F.S., relating to provisions for residence or
120name change at the polls, to conform; amending s. 101.048,
121F.S., relating to provisional ballots, to conform;
122amending s. 101.161, F.S.; conforming a cross-reference;
123amending s. 101.56062, F.S., relating to standards for
124accessible voting systems, to conform;  amending s.
125101.5608, F.S.; revising a provision relating to an
126elector's signature provided with identification prior to
127voting; creating s. 101.573, F.S.; requiring supervisors
128of elections to file precinct-level election results;
129requiring the Department of State to adopt rules; amending
130s. 101.62, F.S.; conforming a cross-reference; amending
131ss. 101.64 and 101.657, F.S.; requiring that the
132supervisor of elections indicate on each absentee or early
133voted ballot the precinct of the voter; amending s.
134101.663, F.S., relating to change of residence, to
135conform; amending s. 101.6921, F.S., relating to delivery
136of special absentee ballots to certain first-time voters,
137to conform; amending s. 101.6923, F.S., relating to
138special absentee ballot instructions for certain first-
139time voters, to conform; amending s. 102.012, F.S.,
140relating to conduct of elections by inspectors and clerks,
141to conform; amending s. 104.013, F.S., relating to
142unauthorized use, possession, or destruction of voter
143information cards, to conform; amending s. 106.0705, F.S.;
144providing for the timely filing of certain reports;
145amending s. 106.08; providing for contribution limits to
146statewide candidates; amending s. 106.33, F.S.; increasing
147certain contribution limits; amending s. 106.34, F.S.;
148revising provisions relating to certain candidate
149expenditure limits; providing a definition; amending s.
150196.141, F.S., relating to homestead exemptions and duties
151of property appraisers, to conform; amending s. 120.54,
152F.S.; including certain rules pertaining to the Florida
153Election Code within the definition of emergency rules
154governing public health, safety, or welfare; amending s.
15599.061, F.S.; providing the method of qualifying for
156nomination to the office of the state attorney or public
157defender; amending s. 322.142, F.S.; providing for
158disclosure of certain confidential driver's license
159information to the department under certain circumstances;
160making it a third-degree felony to participate in certain
161exchanges associated with voting by absentee ballot;
162repealing s. 104.047(1), F.S., relating to criminal
163penalties for participation in certain exchanges
164associated with voting by absentee ballot; repealing s.
16598.055, F.S., relating to registration list maintenance
166forms; repealing s. 98.095, F.S., relating to county
167registers open to inspection and copies; repealing s.
16898.0977, F.S., relating to the statewide voter
169registration database and its operation and maintenance;
170repealing s. 98.0979, F.S., relating to inspection of the
171statewide voter registration; repealing s. 98.101, F.S.,
172relating to specifications for permanent registration
173binders, files, and forms; repealing s. 98.181, F.S.,
174relating to duty of the supervisor of elections to make up
175indexes or records; repealing s. 98.231, F.S., relating to
176duty of the supervisor of elections to furnish the
177department the number of registered electors; repealing s.
17898.451, F.S., relating to automation in processing
179registration data; repealing s. 98.481, F.S., relating to
180challenges to electors; repealing s. 101.635, F.S.,
181relating to distribution of blocks of printed ballots;
182providing effective dates.
184Be It Enacted by the Legislature of the State of Florida:
186     Section 1.  Subsections (1), (2), and (11) of section
18797.012, Florida Statutes, are amended, and subsection (14) is
188added to that section, to read:
189     97.012  Secretary of State as chief election officer.--The
190Secretary of State is the chief election officer of the state,
191and it is his or her responsibility to:
192     (1)  Obtain and maintain uniformity in the application,
193operation, and interpretation and implementation of the election
194laws. In order to obtain and maintain uniformity in the
195interpretation and implementation of the elections laws, the
196Department of State may, pursuant to ss. 120.536(1) and 120.54,
197adopt by rule uniform standards for the proper and equitable
198interpretation and implementation of the requirements of
199chapters 97 through 102 and 105 of the Election Code.
200     (2)  Provide uniform standards for the proper and equitable
201implementation of the registration laws by administrative rule
202of the Department of State adopted pursuant to ss. 120.536(1)
203and 120.54.
204     (11)  Create and administer maintain a statewide voter
205registration system as required by the Help America Vote Act of
2062002 database. The secretary may delegate voter registration
207duties and records maintenance activities to voter registration
208officials. Any responsibilities delegated by the secretary shall
209be performed in accordance with state and federal law.
210     (14)  Bring and maintain such actions at law or in equity
211by mandamus or injunction to enforce the performance of any
212duties of a county supervisor of elections or any official
213performing duties with respect to chapters 97 through 102 and
214105 or to enforce compliance with a rule of the Department of
215State adopted to interpret or implement any of those chapters.
216     (a)  Venue for such actions shall be in the Circuit Court
217of Leon County.
218     (b)  When the secretary files an action under this section
219and not more than 60 days remain before an election as defined
220in s. 97.021, or during the time period after the election and
221before certification of the election pursuant to s. 102.112 or
222s. 102.121, the court, including an appellate court, shall set
223an immediate hearing, giving the case priority over other
224pending cases.
225     (c)  Prior to filing an action to enforce performance of
226the duties of the supervisor of elections or any official
227described in this subsection, the secretary or his or her
228designee first must confer, or must make a good-faith attempt to
229confer, with the supervisor of elections or the official to
230ensure compliance with chapters 97 through 102 and 105 or the
231rules of the Department of State adopted under any of those
233     Section 2.  Subsection (13) of section 97.021, Florida
234Statutes, is amended, present subsections (38) and (39) are
235renumbered as subsections (39) and (40), respectively, and a new
236subsection (38) is added to that section, to read:
237     97.021  Definitions.--For the purposes of this code, except
238where the context clearly indicates otherwise, the term:
239     (13)  "Lists of registered electors" means names and
240associated information copies of printed lists of registered
241electors maintained by the department in the statewide voter
242registration system or generated or derived from the statewide
243voter registration system. Lists may be produced in printed or
244electronic format, computer tapes or disks, or any other device
245used by the supervisor of elections to maintain voter records.
246     (38)  "Voter registration official" means any supervisor of
247elections or individual authorized by the Secretary of State to
248accept voter registration applications and execute updates to
249the statewide voter registration system.
250     Section 3.  Section 97.026, Florida Statutes, is amended to
252     97.026  Forms to be available in alternative formats and
253via the Internet.--It is the intent of the Legislature that all
254forms required to be used in chapters 97-106 shall be made
255available upon request, in alternative formats. Such forms shall
256include absentee ballots as alternative formats for such ballots
257become available and the Division of Elections is able to
258certify systems that provide them. The department may, pursuant
259to ss. 120.536(1) and 120.54, adopt rules to administer this
260section. Whenever possible, such forms, with the exception of
261absentee ballots, shall be made available by the Department of
262State via the Internet. Sections that contain such forms
263include, but are not limited to, ss. 97.051, 97.052, 97.053,
26497.057, 97.058, 97.0583, 97.071, 97.073, 97.1031, 98.055,
26598.075, 99.021, 100.361, 100.371, 101.045, 101.171, 101.20,
266101.6103, 101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and
268     Section 4.  Section 97.051, Florida Statutes, is amended to
270     97.051  Oath upon registering.--A person registering to
271vote must subscribe to the following oath: "I do solemnly swear
272(or affirm) that I will protect and defend the Constitution of
273the United States and the Constitution of the State of Florida,
274that I am qualified to register as an elector under the
275Constitution and laws of the State of Florida, and that all
276information provided in this application is true I am a citizen
277of the United States and a legal resident of Florida."
278     Section 5.  Section 97.052, Florida Statutes, is amended to
280     97.052  Uniform statewide voter registration application.--
281     (1)  The department shall prescribe by rule a uniform
282statewide voter registration application for use in this state.
283     (a)  The uniform statewide voter registration application
284must 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
290identification card.
291     6.  Signature update.
292     (b)  The department is responsible for printing the uniform
293statewide voter registration application and the voter
294registration application form prescribed by the Federal Election
295Assistance Commission pursuant to federal law the National Voter
296Registration Act of 1993. The applications and forms must be
297distributed, upon request, to the following:
298     1.  Individuals seeking to register to vote or update a
299voter registration record.
300     2.  Individuals or groups conducting voter registration
301programs. A charge of 1 cent per application shall be assessed
302on 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
308available in the following manner:
309     a.  By distributing the applications and forms in their
310offices to any individual or group.
311     b.  By distributing the applications and forms at other
312locations designated by each supervisor.
313     c.  By mailing the applications and forms to applicants
314upon the request of the applicant.
315     (c)  The uniform statewide voter registration application
316may be reproduced by any private individual or group, provided
317the reproduced application is in the same format as the
318application prescribed by rule under this section.
319     (2)  The uniform statewide voter registration application
320must be designed to elicit the following information from the
322     (a)  Last, first, and middle Full name, including any
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
329granted a homestead exemption, if any.
330     (f)(g)  Race or ethnicity that best describes the
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
344     (m)(n)  Florida driver's license number or the
345identification number from a Florida identification card issued
346under s. 322.051.
347     (n)  An indication, if applicable, that the applicant has
348not been issued a Florida driver's license, a Florida
349identification card, or a social security number.
350     (o)  Telephone number (optional).
351     (p)  Signature of applicant under penalty for false
352swearing pursuant to s. 104.011, by which the person subscribes
353to the oath required by s. 3, Art. VI of the State Constitution
354and s. 97.051, and swears or affirms that the information
355contained in the registration application is true.
356     (q)  Whether the application is being used for initial
357registration, to update a voter registration record, or to
358request a replacement voter information registration
359identification card.
360     (r)  Whether the applicant is a citizen of the United
361States by asking the question "Are you a citizen of the United
362States of America?" and providing boxes for the applicant to
363check to indicate whether the applicant is or is not a citizen
364of the United States.
365     (s)  Whether That the applicant has not been convicted of a
366felony, and or, if convicted, has had his or her civil rights
367restored by including the statement "I affirm I am not a
368convicted felon or, if I am, my rights relating to voting have
369been restored." and providing a box for the applicant to check
370to affirm the statement.
371     (t)  Whether That the applicant has not been adjudicated
372mentally incapacitated with respect to voting or, if so
373adjudicated, has had his or her right to vote restored by
374including the statement "I affirm I have not been adjudicated
375mentally incapacitated with respect to voting or, if I have, my
376competency has been restored." and providing a box for the
377applicant to check to affirm the statement.
379The registration application form must be in plain language and
380designed so that convicted felons whose civil rights have been
381restored and persons who have been adjudicated mentally
382incapacitated and have had their voting rights restored are not
383required to reveal their prior conviction or adjudication.
384     (3)  The uniform statewide voter registration application
385must also contain:
386     (a)  The oath required by s. 3, Art. VI of the State
387Constitution and s. 97.051.
388     (b)  A statement specifying each eligibility requirement
389under s. 97.041.
390     (c)  The penalties provided in s. 104.011 for false
391swearing in connection with voter registration.
392     (d)  A statement that, if an applicant declines to register
393to vote, the fact that the applicant has declined to register
394will remain confidential and may be used only for voter
395registration purposes.
396     (e)  A statement that informs the applicant who chooses to
397register to vote or update a voter registration record that the
398office at which the applicant submits a voter registration
399application or updates a voter registration record will remain
400confidential and may be used only for voter registration
402     (f)  A statement that informs the applicant that any person
403who has been granted a homestead exemption in this state, and
404who registers to vote in any precinct other than the one in
405which the property for which the homestead exemption has been
406granted, shall have that information forwarded to the property
407appraiser where such property is located, which may result in
408the person's homestead exemption being terminated and the person
409being subject to assessment of back taxes under s. 193.092,
410unless the homestead granted the exemption is being maintained
411as the permanent residence of a legal or natural dependent of
412the owner and the owner resides elsewhere.
413     (f)(g)  A statement informing an the applicant who has not
414been issued a Florida driver's license, a Florida identification
415card, or a social security number that if the application form
416is submitted by mail and the applicant is registering for the
417first time in this state, the applicant will be required to
418provide identification prior to voting the first time.
419     (4)  A supervisor may produce a voter registration
420application that has the supervisor's direct mailing address if
421the department has reviewed the application and determined that
422it is substantially the same as the uniform statewide voter
423registration application.
424     (5)  The voter registration application form prescribed by
425the Federal Election Assistance Commission pursuant to federal
426law the National Voter Registration Act of 1993 or the federal
427postcard application must be accepted as an application for
428registration in this state if the completed application or
429postcard application contains the information required by the
430constitution and laws of this state.
431     (6)  If a voter registration applicant fails to provide any
432of the required information on the voter registration
433application form, the supervisor shall notify the applicant of
434the failure by mail within 5 business days after the supervisor
435has the information available in the voter registration system.
436The applicant shall have an opportunity to complete the
437application form to vote in the next election up until the book
438closing for that next election.
439     Section 6.  Section 97.053, Florida Statutes, is amended to
441     97.053  Acceptance of voter registration applications.--
442     (1)  Voter registration applications, changes in
443registration, and requests for a replacement voter information
444registration identification card must be accepted in the office
445of any supervisor, the division, a driver license office, a
446voter registration agency, or an armed forces recruitment office
447when hand delivered by the applicant or a third party during the
448hours that office is open or when mailed.
449     (2)  A completed voter registration application is complete
450and that contains the information necessary to establish an
451applicant's eligibility pursuant to s. 97.041 becomes the
452official voter registration record of that applicant when all
453information necessary to establish the applicant's eligibility
454pursuant to s. 97.041 is received by a voter registration
455official and verified pursuant to subsection (6) the appropriate
456supervisor. If the applicant fails to complete his or her voter
457registration application prior to the date of book closing for
458an election, then such applicant shall not be eligible to vote
459in that election.
460     (3)  The registration date for a valid initial voter
461registration application that has been hand delivered is the
462date that the application is when received by a driver license
463office, a voter registration agency, an armed forces recruitment
464office, the division, or the office of any supervisor in the
466     (4)  The registration date for a valid initial voter
467registration application that has been mailed to a driver
468license office, a voter registration agency, an armed forces
469recruitment office, the division, or the office of any
470supervisor in the state and bears a clear postmark is the date
471of that the postmark. If an initial voter registration
472application that has been mailed does not bear a postmark or if
473the postmark is unclear, the registration date is the date the
474application registration is received by any supervisor or the
475division, unless it is received within 5 days after the closing
476of the books for an election, excluding Saturdays, Sundays, and
477legal holidays, in which case the registration date is the book-
478closing date.
479     (5)(a)  A voter registration application is complete if it
480contains the following information necessary to establish the
481applicant'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
486applicant is a citizen of the United States.
487     5.a.  The applicant's current and valid Florida driver's
488license number or, the identification number from a Florida
489identification card issued under s. 322.051, or
490     b.  If the applicant has not been issued a current and
491valid Florida driver's license or a Florida identification card,
492the last four digits of the applicant's social security number.
494In case an applicant has not been issued a current and valid
495Florida driver's license, Florida identification card, or social
496security number, the applicant shall affirm this fact in the
497manner prescribed in the uniform statewide voter registration
499     6.  A mark in the checkbox affirming An indication that the
500applicant has not been convicted of a felony or that, if
501convicted, has had his or her civil rights restored.
502     7.  A mark in the checkbox affirming An indication that the
503applicant has not been adjudicated mentally incapacitated with
504respect to voting or that, if so adjudicated, has had his or her
505right to vote restored.
506     8.  The original signature or a digital signature
507transmitted by the Department of Highway Safety and Motor
508Vehicles of the applicant swearing or affirming under the
509penalty for false swearing pursuant to s. 104.011 that the
510information contained in the registration application is true
511and subscribing to the oath required by s. 3, Art. VI of the
512State Constitution and s. 97.051.
513     (b)  An applicant who fails to designate party affiliation
514must be registered without party affiliation. The supervisor
515must notify the voter by mail that the voter has been registered
516without party affiliation and that the voter may change party
517affiliation as provided in s. 97.1031.
518     (6)  A voter registration application may be accepted as
519valid only after the department has verified the authenticity or
520nonexistence of the driver's license number, the Florida
521identification card number, or the last four digits of the
522social security number provided by the applicant. If a completed
523voter registration application has been received by the book-
524closing deadline but the driver's license number, the Florida
525identification card number, or the last four digits of the
526social security number provided by the applicant cannot be
527verified prior to the applicant presenting himself or herself to
528vote, the applicant shall be provided a provisional ballot. The
529provisional ballot shall be counted only if the application is
530verified by the end of the canvassing period or if the applicant
531presents evidence to the supervisor of elections sufficient to
532verify the authenticity of the driver's license number, Florida
533identification card number, or last four digits of the social
534security number provided on the application no later than 5 p.m.
535of the third day following the election.
536     (7)  All voter registration applications received by a
537voter registration official shall be entered into the statewide
538voter registration system within 15 days after receipt. Once
539entered, the application shall be immediately forwarded to the
540appropriate supervisor of elections.
541     Section 7.  Subsections (1), (2), and (3) of section
54297.0535, 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
545previously voted in the state and who the department has
546verified has not been issued a current and valid Florida
547driver's license, Florida identification card, or social
548security number county shall be required to provide a copy of a
549current and valid identification, as provided in subsection (3),
550or indicate that he or she is exempt from the requirements prior
551to voting. Such The applicant may provide the identification or
552indication may be provided at the time of registering, or at any
553time prior to voting for the first time in the state county. If
554the voter registration application clearly provides information
555from which a voter registration official the supervisor can
556determine that the applicant meets at least one of the
557exemptions in subsection (4), the voter registration official
558supervisor shall make the notation on the registration records
559of the statewide voter registration system and the applicant
560shall not be required to provide the identification required by
561this section further information that is required of first time
562voters who register by mail.
563     (2)  The voter registration official supervisor of
564elections shall, upon accepting the voter registration
565application submitted pursuant to subsection (1) for an
566applicant who registered by mail and who has not previously
567voted in the county, determine if the applicant provided the
568required identification at the time of registering. If the
569required identification was not provided, the supervisor shall
570notify the applicant that he or she must provide the
571identification prior to voting the first time in the state
573     (3)(a)  The following forms of identification shall be
574considered current and valid if they contain the name and
575photograph of the applicant and have not expired:
576     1.  Florida driver's license.
577     2.  Florida identification card issued by the Department of
578Highway 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
590considered current and valid if they contain the name and
591current 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
597identification card).
598     Section 8.  Subsection (1) of section 97.055, Florida
599Statutes, 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
602before each election and must remain closed until after that
603election. If an election is called and there are fewer than 29
604days before that election, the registration books must be closed
605immediately. When the registration books are closed for an
606election, only updates to a voter's name, address, and signature
607pursuant to ss. 98.077 and 101.045 will be permitted for
608purposes of the upcoming election. Voter registration
609applications and party changes must be accepted but only for the
610purpose of subsequent elections. However, party changes received
611between the book-closing date of the first primary election and
612the date of the second primary election are not effective until
613after the second primary election.
614     Section 9.  Section 97.057, Florida Statutes, is amended to
616     97.057  Voter registration by the Department of Highway
617Safety and Motor Vehicles.--
618     (1)  The Department of Highway Safety and Motor Vehicles
619shall provide the opportunity to register to vote or to update a
620voter registration record to each individual who comes to an
621office 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
624chapter 322; or
625     (c)  Change an address on an existing driver's license or
626identification card.
627     (2)  The Department of Highway Safety and Motor Vehicles
629     (a)  Notify each individual, orally or in writing, that:
630     1.  Information gathered for the completion of a driver's
631license or identification card application, renewal, or change
632of address can be automatically transferred to a voter
633registration application;
634     2.  If additional information and a signature are provided,
635the voter registration application will be completed and sent to
636the proper election authority;
637     3.  Information provided can also be used to update a voter
638registration record;
639     4.  All declinations will remain confidential and may be
640used only for voter registration purposes; and
641     5.  The particular driver license office in which the
642person applies to register to vote or updates a voter
643registration record will remain confidential and may be used
644only for voter registration purposes.
645     (b)  Require a driver's license examiner to inquire orally,
646or, if the applicant is hearing impaired, inquire in writing if
647the applicant is hearing impaired, and whether the applicant
648wishes to register to vote or update a voter registration record
649during the completion of a driver's license or identification
650card application, renewal, or change of address.
651     1.  If the applicant chooses to register to vote or to
652update a voter registration record:
653     a.  All applicable information received by the Department
654of Highway Safety and Motor Vehicles in the course of filling
655out the forms necessary under subsection (1) must be transferred
656to a voter registration application.;
657     b.  The additional necessary information must be obtained
658by the driver's license examiner and must not duplicate any
659information already obtained while completing the forms required
660under subsection (1).; and
661     c.  A voter registration application with all of the
662applicant's voter registration information required to establish
663the applicant's eligibility pursuant to s. 97.041 must be
664presented to the applicant to review and verify the voter
665registration information received and provide an electronic
666signature affirming the accuracy of the information provided
668     2.  If the applicant declines to register to vote, update
669the applicant's voter registration record, or change the
670applicant's address by either orally declining or by failing to
671sign the voter registration application, the Department of
672Highway Safety and Motor Vehicles must note such declination on
673its records and shall forward the declination to the statewide
674voter registration system keep the declination for 2 years but
675must forward a copy of the unsigned voter registration
676application within 5 days after receipt to the appropriate
677supervisor of elections.
678     (3)  For the purpose of this section, the Department of
679Highway Safety and Motor Vehicles, with the approval of the
680Department of State, shall prescribe:
681     (a)  A voter registration application that is the same in
682content, format, and size as the uniform statewide voter
683registration 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
687must electronically transmit forward completed voter
688registration applications within 24 hours after receipt to the
689statewide voter registration system. Completed paper voter
690registration applications received by the Department of Highway
691Safety and Motor Vehicles shall be forwarded within 5 days after
692receipt to the supervisor of the county where the office that
693processed or received that application is located.
694     (5)  The Department of Highway Safety and Motor Vehicles
695must send, with each driver's license renewal extension
696application authorized pursuant to s. 322.18(8), a uniform
697statewide voter registration application, the voter registration
698application prescribed under paragraph (3)(a), or a voter
699registration application developed especially for the purposes
700of this subsection by the Department of Highway Safety and Motor
701Vehicles, with the approval of the Department of State, which
702must meet the requirements of s. 97.052.
703     (6)  A person providing voter registration services for a
704driver license office may not:
705     (a)  Seek to influence an applicant's political preference
706or party registration;
707     (b)  Display any political preference or party allegiance;
708     (c)  Make any statement to an applicant or take any action
709the purpose or effect of which is to discourage the applicant
710from registering to vote; or
711     (d)  Disclose any applicant's voter registration
712information except as needed for the administration of voter
714     (7)  The Department of Highway Safety and Motor Vehicles
715shall compile lists, by county, of those individuals whose names
716have been purged from its driver's license database because they
717have been licensed in another state and shall provide those
718lists annually to the appropriate supervisors.
719     (7)(8)  The Department of Highway Safety and Motor Vehicles
720shall collect data determined necessary by the Department of
721State for program evaluation and reporting to the Federal
722Election Assistance Commission pursuant to federal law the
723National Voter Registration Act of 1993.
724     (8)(9)  The Department of Highway Safety and Motor Vehicles
725must ensure that all voter registration services provided by
726driver license offices are in compliance with the Voting Rights
727Act of 1965.
728     (9)  The Department of Highway Safety and Motor Vehicles
729shall retain complete records of voter registration information
730received, processed, and submitted to the statewide voter
731registration system by the Department of Highway Safety and
732Motor Vehicles. These records shall be for the explicit purpose
733of supporting audit and accounting controls established to
734ensure accurate and complete electronic transmission of records
735between the statewide voter registration system and the
736Department of Highway Safety and Motor Vehicles.
737     (10)  The department shall provide the Department of
738Highway Safety and Motor Vehicles with an electronic database of
739street addresses valid for use as the legal residence address as
740required in s. 97.053(5). The Department of Highway Safety and
741Motor Vehicles shall compare the address provided by the
742applicant against the database of valid street addresses. If the
743address provided by the applicant does not match a valid street
744address in the database, the applicant will be asked to verify
745the address provided. The Department of Highway Safety and Motor
746Vehicles shall not reject any application for voter registration
747for which a valid match cannot be made.
748     (11)  The Department of Highway Safety and Motor Vehicles
749shall enter into an agreement with the department to match
750information in the statewide voter registration system with
751information in the database of the Department of Highway Safety
752and Motor Vehicles to the extent required to verify the accuracy
753of the driver's license number, Florida identification number,
754or last four digits of the social security number provided on
755applications for voter registration as required in s. 97.053.
756     (12)  The Department of Highway Safety and Motor Vehicles
757shall enter into an agreement with the Commissioner of Social
758Security as required by the Help America Vote Act of 2002 to
759verify the last four digits of the social security number
760provided in applications for voter registration as required in
761s. 97.053.
762     Section 10.  Subsections (6), (7), and (9) of section
76397.058, Florida Statutes, are amended to read:
764     97.058  Voter registration agencies.--
765     (6)  A voter registration agency must forward all completed
766and incomplete voter registration applications within 5 days
767after receipt to the supervisor of the county where the agency
768that processed or received that application is located.
769     (7)  A voter registration agency must retain declinations
770for a period of 2 years, during which time the declinations are
771not considered a record of the client pursuant to the laws
772governing the agency's records. However, a voter registration
773agency must forward a copy of each incompleted voter
774registration application within 5 days after receipt to the
775appropriate supervisor of elections.
776     (9)  A voter registration agency must collect data
777determined necessary by the department, as provided by rule, for
778program evaluation and reporting to the Federal Election
779Assistance Commission pursuant to federal law the National Voter
780Registration Act of 1993.
781     Section 11.  Section 97.061, Florida Statutes, is amended
782to read:
783     97.061  Special registration for electors requiring
785     (1)  Any person who is eligible to register and who is
786unable to read or write or who, because of some disability,
787needs assistance in voting shall upon that person's request be
788registered by the supervisor under the procedure prescribed by
789this section and shall be entitled to receive assistance at the
790polls under the conditions prescribed by this section. The
791department may adopt rules to administer this section.
792     (2)  If a person is qualified to register pursuant to this
793section, the voter registration official supervisor shall note
794in that person's registration record that the person needs
795assistance in voting.
796     (3)  The precinct register generated by the supervisor
797shall contain Upon registering any person pursuant to this
798section, the supervisor must make a notation on the registration
799books or records which are delivered to the polls on election
800day that such person is eligible for assistance in voting, and
801the supervisor may issue such person a special registration
802identification card or make a some notation on the voter
803information regular registration identification card that such
804person is eligible for assistance in voting. Such person shall
805be entitled to receive the assistance of two election officials
806or some other person of his or her own choice, other than the
807person's employer, the agent of the person's employer, or an
808officer or agent of the person's union, without the necessity of
809executing the "Declaration to Secure Assistance" prescribed in
810s. 101.051. Such person shall notify the supervisor of any
811change in his or her condition which makes it unnecessary for
812him or her to receive assistance in voting.
813     Section 12.  Section 97.071, Florida Statutes, is amended
814to read:
815     97.071  Voter information Registration identification
817     (1)  A voter information registration identification card
818shall must be furnished by the supervisor to all registered
819voters residing in the supervisor's county. The card registering
820under 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
832     (k)  Place for voter's signature.
833     (i)(l)  Other information deemed necessary by the
834supervisor department.
835     (2)  A voter may receive a replacement voter information of
836a registration identification card by providing a signed,
837written request for a replacement card to a voter registration
838official the supervisor. Upon verification of registration, the
839supervisor shall issue the voter a duplicate card without
841     (3)  In the case of a change of name, address, or party
842affiliation, the supervisor shall must issue the voter a new
843voter information registration identification card. However, a
844voter information registration identification card indicating a
845party affiliation change made between the book-closing date for
846the first primary election and the date of the second primary
847election may not be issued until after the second primary
849     Section 13.  Section 97.073, Florida Statutes, is amended
850to read:
851     97.073  Disposition of voter registration applications;
852cancellation notice.--
853     (1)  The supervisor must notify each applicant of the
854disposition of the applicant's voter registration application.
855The notice must inform the applicant that the application has
856been approved, is incomplete, has been denied, or is a duplicate
857of a current registration. A voter information registration
858identification card sent to an applicant constitutes notice of
859approval of registration. If the application is incomplete, the
860supervisor must request that the applicant supply the missing
861information using a voter registration application signed by the
862applicant in writing and sign a statement that the additional
863information is true and correct. A notice of denial must inform
864the applicant of the reason the application was denied.
865     (2)  Within 2 weeks after approval of a voter registration
866application that indicates that the applicant was previously
867registered in another state jurisdiction, the department
868supervisor must notify the registration official in the prior
869state jurisdiction that the applicant is now registered in this
870state the supervisor's county.
871     Section 14.  Section 97.1031, Florida Statutes, is amended
872to read:
873     97.1031  Notice of change of residence within the same
874county, change of name, or change of party affiliation.--
875     (1)  When an elector moves from the address named on that
876person's voter registration record to another address within the
877same county, the elector must provide notification of such move
878to the supervisor of elections of that county. The elector may
879provide the supervisor a signed, written notice or may notify
880the supervisor by telephone or electronic means. However,
881notification of such move other than by signed, written notice
882must include the elector's date of birth. An elector may also
883provide notification to other voter registration officials as
884provided in subsection (2). A voter information registration
885identification card reflecting the new information address of
886legal residence shall be issued to the elector as provided in
887subsection (3)(4).
888     (2)  When an elector moves from the address named on that
889person's voter registration record to another address in a
890different county but within the state, the elector seeks to
891change party affiliation, or the name of an elector is changed
892by marriage or other legal process, the elector shall must
893provide notice a signed, written notification of such change to
894a voter registration official using a voter registration
895application signed by the elector. A voter information the
896supervisor and obtain a registration identification card
897reflecting the new information shall be issued to the elector as
898provided in subsection (3) name.
899     (3)  When an elector seeks to change party affiliation, the
900elector must provide a signed, written notification of such
901intent to the supervisor and obtain a registration
902identification card reflecting the new party affiliation,
903subject to the issuance restriction in s. 97.071(3).
904     (3)(4)  The voter registration official supervisor shall
905make the necessary changes in the elector's records as soon as
906practical upon receipt of such notice of a change of address of
907legal residence, name, or party affiliation. The supervisor of
908elections and shall issue the new voter information registration
909identification card as required by s. 97.071(3).
910     Section 15.  Section 97.105, Florida Statutes, is amended
911to read:
912     97.105  Permanent single registration system established.--
913A permanent single registration system for the registration of
914electors to qualify them to vote in all elections is provided
915for the several counties and municipalities. This system shall
916be put into use by all municipalities and shall be in lieu of
917any other system of municipal registration. Electors shall be
918registered pursuant to in pursuance of this system by a voter
919registration official the supervisor or by a deputy supervisor,
920and electors registered shall not thereafter be required to
921register or reregister except as provided by law.
922     Section 16.  Subsections (3), (10), and (11) of section
92398.015, Florida Statutes, are amended, and subsection (12) is
924added to that section, to read:
925     98.015  Supervisor of elections; election, tenure of
926office, compensation, custody of books, office hours, successor,
927seal; appointment of deputy supervisors; duties.--
928     (3)  The supervisor shall update voter registration
929information, enter new voter registrations into the statewide
930voter registration system, and act as is the official custodian
931of documents received by the supervisor related to the
932registration of electors and changes in voter registration
933status of electors of the supervisor's county the registration
934books and has the exclusive control of matters pertaining to
935registration of electors.
936     (10)  Each supervisor shall must ensure that all voter
937registration and list maintenance procedures conducted by such
938supervisor are in compliance with any applicable requirements
939prescribed by rule of the department through the statewide voter
940registration system or prescribed by for that county under the
941Voting Rights Act of 1965, the National Voter Registration Act
942of 1993, or the Help America Vote Act of 2002.
943     (11)  Each supervisor shall ensure that any voter
944registration system used by the supervisor for administering his
945or her duties as a voter registration official complies with the
946specifications and procedures established by rule of the
947department and the statewide voter registration system Each
948supervisor of elections shall forward to the property appraiser
949for the county in which the homestead is claimed the name of the
950person and the address of the homestead of each person who
951registers to vote at an address other than that at which the
952person claims a homestead exemption, as disclosed on the uniform
953statewide voter registration application pursuant to s. 97.052.
954     (12)  Each supervisor shall maintain a list of valid
955residential street addresses for purposes of verifying the legal
956addresses of voters residing in the supervisor's county. The
957supervisor shall make all reasonable efforts to coordinate with
958county 911 service providers, property appraisers, the United
959States Postal Service, or other agencies as necessary to ensure
960the continued accuracy of such list. The supervisor shall
961provide the list of valid residential addresses to the statewide
962voter registration system in the manner and frequency specified
963by rule of the department.
964     Section 17.  Section 98.035, Florida Statutes, is created
965to read:
966     98.035  Statewide voter registration system;
967implementation, operation, and maintenance.--
968     (1)  The Secretary of State, as chief election officer of
969the state, shall be responsible for implementing, operating, and
970maintaining, in a uniform and nondiscriminatory manner, a
971single, uniform, official, centralized, interactive,
972computerized statewide voter registration system as required by
973the Help America Vote Act of 2002. The department may adopt
974rules to administer this section.
975     (2)  The statewide voter registration system must contain
976the name and registration information of every legally
977registered voter in the state. All voters shall be assigned a
978unique identifier. The system shall be the official list of
979registered voters in the state and shall provide secured access
980by authorized voter registration officials. The system shall
981enable voter registration officials to provide, access, and
982update voter registration information.
983     (3)  The department may not contract with any other entity
984for the operation of the statewide voter registration system.
985     (4)  The implementation of the statewide voter registration
986system shall not prevent any supervisor of elections from
987acquiring, maintaining, or using any hardware or software
988necessary or desirable to carry out the supervisor's
989responsibilities related to the use of voter registration
990information or the conduct of elections, provided that such
991hardware or software does not conflict with the operation of the
992statewide voter registration system.
993     (5)  The department may adopt rules governing the access,
994use, and operation of the statewide voter registration system to
995ensure security, uniformity, and integrity of the system.
996     Section 18.  Section 98.045, Florida Statutes, is amended
997to read:
998     98.045  Administration of voter registration.--
999     (1)  ELIGIBILITY OF APPLICANT.--The Each supervisor must
1000ensure that any eligible applicant for voter registration is
1001registered to vote and that each application for voter
1002registration is processed in accordance with law. The supervisor
1003shall determine whether a voter registration applicant is
1004ineligible based on any of the following:
1005     (a)  The failure to complete a voter registration
1006application as specified in s. 97.053.
1007     (b)  The applicant is deceased.
1008     (c)  The applicant has been convicted of a felony for which
1009his or her civil rights have not been restored.
1010     (d)  The applicant has been adjudicated mentally
1011incapacitated with respect to the right to vote and such right
1012has not been restored.
1013     (e)  The applicant does not meet the age requirement
1014pursuant 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
1018residence that is not his or her legal residence.
1019     (i)  The applicant has provided a driver's license number,
1020Florida identification card number, or the last four digits of a
1021social security number that is not verifiable by the department.
1023     (a)  Once a voter is registered, the name of that voter may
1024not be removed from the statewide voter registration system
1025books except at the written request of the voter, by reason of
1026the voter's conviction of a felony or adjudication as mentally
1027incapacitated with respect to voting, by death of the voter, or
1028pursuant to a registration list maintenance program or other
1029registration list maintenance activity conducted pursuant to s.
103098.065 or, s. 98.075, or s. 98.0977.
1031     (b)(2)  Information received by a voter registration
1032official supervisor from an election official in another state
1033jurisdiction indicating that a registered voter in this state
1034the supervisor's county has registered to vote in that other
1035state jurisdiction shall be considered as a written request from
1036the voter to have the voter's name removed from the statewide
1037voter registration system books of the supervisor's county.
1038     (3)  PUBLIC RECORDS ACCESS AND RETENTION.--Notwithstanding
1039the provisions of ss. 98.095 and 98.0977, Each supervisor shall
1040maintain for at least 2 years, and make available for public
1041inspection and copying, all records concerning implementation of
1042registration list maintenance programs and activities conducted
1043pursuant to ss. 98.065 and, 98.075, and 98.0977. The records
1044must include lists of the name and address of each person to
1045whom a an address confirmation final notice was sent and
1046information as to whether each such person responded to the
1047mailing, but may not include any information that is
1048confidential or exempt from public records requirements under
1049this code.
1052     (a)  The department shall compile and maintain a statewide
1053electronic database of valid residential street addresses from
1054the information provided by the supervisors of elections
1055pursuant to s. 98.015. The department shall evaluate the
1056information provided by the supervisors of elections to identify
1057any duplicate addresses and any address that may overlap county
1059     (b)  The department shall make the statewide database of
1060valid street addresses available to the Department of Highway
1061Safety and Motor Vehicles as provided in s. 97.057(10). The
1062Department of Highway Safety and Motor Vehicles shall use the
1063database for purposes of validating the legal residential
1064addresses provided in voter registration applications received
1065by the Department of Highway Safety and Motor Vehicles.
1066     (5)  FORMS.--The department may prescribe by rule forms
1067necessary to conduct maintenance of records in the statewide
1068voter registration system.
1069     Section 19.  Section 98.065, Florida Statutes, as amended
1070by 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
1073list maintenance program to protect the integrity of the
1074electoral process by ensuring the maintenance of accurate and
1075current voter registration records in the statewide voter
1076registration system. The program must be uniform,
1077nondiscriminatory, and in compliance with the Voting Rights Act
1078of 1965, the National Voter Registration Act of 1993, and the
1079Help America Vote Act of 2002. As used in this subsection, the
1080term "nondiscriminatory" applies to and includes persons with
1082     (2)  A supervisor must incorporate one or more of the
1083following procedures in the supervisor's biennial registration
1084list maintenance program under which:
1085     (a)  Change-of-address information supplied by the United
1086States Postal Service through its licensees is used to identify
1087registered voters whose addresses might have changed;
1088     (b)  Change-of-address information is identified from
1089returned nonforwardable return-if-undeliverable mail sent to all
1090registered voters in the county; or
1091     (c)  Change-of-address information is identified from
1092returned nonforwardable return-if-undeliverable address
1093confirmation requests mailed to all registered voters who have
1094not voted in the last 2 years and who did not make a written
1095request that their registration records be updated during that
1097     (3)  A registration list maintenance program must be
1098conducted by each supervisor, at a minimum, in each odd-numbered
1099year and must be completed not later than 90 days prior to the
1100date of any federal election. All list maintenance actions
1101associated with each voter must be entered, tracked, and
1102maintained in the statewide voter registration system.
1103     (4)(a)  If the supervisor receives change-of-address
1104information pursuant to the activities conducted in subsection
1105(2), from jury notices signed by the voter and returned to the
1106courts, from the Department of Highway Safety and Motor
1107Vehicles, or from other sources, which information indicates
1108that the legal address of a registered voter might have changed,
1109the supervisor shall send by forwardable return-if-undeliverable
1110mail an address confirmation notice to the address at which the
1111voter was last registered. A supervisor may also send an address
1112confirmation notice to any voter who the supervisor has reason
1113to believe has moved from his or her legal residence.
1114     (b)  The address confirmation notice shall contain a
1115postage prepaid preaddressed return form on which:
1116     1.  If the voter has changed his or her address of legal
1117residence to a location outside the state, the voter shall mark
1118that the voter's legal residence has changed to a location
1119outside the state. The form shall also include information on
1120how to register in the new state in order to be eligible to
1121vote. The form must be returned within 30 days after the date of
1122the notice. The completed form shall constitute a request to be
1123removed from the statewide voter registration system.
1124     2.  If the voter has changed his or her address of legal
1125residence to a location inside the state, the voter shall set
1126forth the updated or corrected address and submit the return
1127form within 30 days after the date of the notice. The completed
1128form shall constitute a request to update the statewide voter
1129registration system with the updated or corrected address
1131     3.  If the voter has not changed his or her address of
1132legal residence as printed on the address confirmation notice,
1133the voter shall confirm that his or her address of legal
1134residence has not changed and submit the form within 30 days
1135after the date of the notice.
1136     (c)  The supervisor must designate as inactive all voters
1137who have been sent an address confirmation notice and who have
1138not returned the postage prepaid preaddressed return form within
113930 days or for which an address confirmation notice has been
1140returned as undeliverable. Names on the inactive list may not be
1141used to calculate the number of signatures needed on any
1142petition. A voter on the inactive list may be restored to the
1143active list of voters upon the voter updating his or her
1144registration, requesting an absentee ballot, or appearing to
1145vote. However, if the voter does not update his or her voter
1146registration information, request an absentee ballot, or vote by
1147the second general election after being placed on the inactive
1148list, the voter's name shall be removed from the statewide voter
1149registration system and the voter shall be required to
1150reregister to have his or her name restored to the statewide
1151voter registration system.
1152     (5)  A notice may not be issued pursuant to this section
1153and a voter's name may not be removed from the statewide voter
1154registration system later than 90 days prior to the date of a
1155federal election. However, this section does not preclude the
1156removal of the name of a voter from the statewide voter
1157registration system at any time upon the voter's written
1158request, by reason of the voter's death, or upon a determination
1159of 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,
1161the supervisor must certify to the department the list
1162maintenance activities conducted during the first 6 months and
1163the second 6 months of the year, respectively, including the
1164number of address confirmation requests sent, the number of
1165voters designated as inactive, and the number of voters removed
1166from the statewide voter registration system.
1167     (b)  If, based on the certification provided pursuant to
1168paragraph (a), the department determines that a supervisor has
1169not conducted the list maintenance activities required by this
1170section, the department shall conduct the appropriate list
1171maintenance activities for that county. Failure to conduct list
1172maintenance activities as required in this section constitutes a
1173violation of s. 104.051. A voter's name may not be removed from
1174the registration books later than 90 days prior to the date of a
1175federal election. However, nothing in this section shall
1176preclude the removal of the name of a voter from the voter
1177registration books, at any time and without prior notification,
1178upon the written request of the voter, by reason of conviction
1179of the voter of a felony, by reason of adjudication of the voter
1180as mentally incapacitated with respect to voting, by reason of
1181the death of the voter, or upon a determination of ineligibility
1182as provided in s. 98.075(3).
1183     (4)  If the supervisor receives change-of-address
1184information from the United States Postal Service or its
1185licensees or from jury notices signed by the voter and returned
1186to the courts, which indicates that:
1187     (a)  The voter has moved within the supervisor's county,
1188the supervisor must change the registration records to show the
1189new address and must send the voter a notice of the change by
1190forwardable mail, including a postage prepaid preaddressed
1191return form with which the voter may verify or correct the
1192address information.
1193     (b)  The voter has moved outside the supervisor's county,
1194or contains no forwarding address, the supervisor shall send an
1195address confirmation final notice and remove the name of the
1196voter 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
1202during the period beginning on the date when the address
1203confirmation final notice was sent and ending on the day after
1204the date of the second general election thereafter.
1205     (5)  The supervisor must designate as inactive all voters
1206who have been sent an address confirmation final notice and who
1207have not returned the postage prepaid preaddressed return form
1208within 30 days. A voter on the inactive list must be allowed to
1209vote and to change the voter's name or address of legal
1210residence at the polls pursuant to s. 101.045. Names on the
1211inactive list may not be used to calculate the number of
1212signatures needed on any petition or the quantity of voting
1213equipment needed.
1214     Section 20.  Section 98.075, Florida Statutes, is amended
1215to read:
1216     (Substantial rewording of section. See
1217     s. 98.075, F.S., for present text.)
1218     98.075  Registration records maintenance activities;
1219ineligibility determinations.--
1220     (1)  MAINTENANCE OF RECORDS.--The department shall protect
1221the integrity of the electoral process by ensuring the
1222maintenance of accurate and current voter registration records.
1223List maintenance activities must be uniform, nondiscriminatory,
1224and in compliance with the Voting Rights Act of 1965, the
1225National Voter Registration Act of 1993, and the Help America
1226Vote Act of 2002. The department may adopt by rule uniform
1227standards and procedures to interpret and administer this
1229     (2)  DUPLICATE REGISTRATION.--The department shall identify
1230those voters who are registered more than once or those
1231applicants whose registration applications would result in
1232duplicate registrations. The most recent application shall be
1233deemed an update to the voter registration record.
1234     (3)  DECEASED PERSONS.--The department shall identify those
1235registered voters who are deceased by comparing information on
1236the lists of deceased persons received from the Department of
1237Health as provided in s. 98.093. Upon receipt of such
1238information through the statewide voter registration system, the
1239supervisor shall remove the name of the registered voter.
1240     (4)  ADJUDICATION OF MENTAL INCAPACITY.--The department
1241shall identify those registered voters who have been adjudicated
1242mentally incapacitated with respect to voting and who have not
1243had their voting rights restored by comparing information
1244received from the clerk of the circuit court as provided in s.
124598.093. The department shall review such information and make an
1246initial determination as to whether the information is credible
1247and reliable. If the department determines that the information
1248is credible and reliable, the department shall notify the
1249supervisor and provide a copy of the supporting documentation
1250indicating the potential ineligibility of the voter to be
1251registered. Upon receipt of the notice that the department has
1252made a determination of initial credibility and reliability, the
1253supervisor shall adhere to the procedures set forth in
1254subsection (7) prior to the removal of a registered voter from
1255the statewide voter registration system.
1256     (5)  FELONY CONVICTION.--The department shall identify
1257those registered voters who have been convicted of a felony and
1258whose rights have not been restored by comparing information
1259received from, but not limited to, a clerk of the circuit court,
1260the Board of Executive Clemency, the Department of Corrections,
1261the Department of Law Enforcement, or a United States Attorney's
1262Office, as provided in s. 98.093. The department shall review
1263such information and make an initial determination as to whether
1264the information is credible and reliable. If the department
1265determines that the information is credible and reliable, the
1266department shall notify the supervisor and provide a copy of the
1267supporting documentation indicating the potential ineligibility
1268of the voter to be registered. Upon receipt of the notice that
1269the department has made a determination of initial credibility
1270and reliability, the supervisor shall adhere to the procedures
1271set forth in subsection (7) prior to the removal of a registered
1272voter's name from the statewide voter registration system.
1273     (6)  OTHER BASES FOR INELIGIBILITY.--If the department or
1274supervisor receives information other than from the sources
1275identified in subsections (2)-(5) that a registered voter does
1276not meet the age requirement pursuant to s. 97.041, is not a
1277United States citizen, is a fictitious person, or has listed a
1278residence that is not his or her legal residence, the supervisor
1279shall adhere to the procedures set forth in subsection (7) prior
1280to the removal of a registered voter's name from the statewide
1281voter registration system.
1283     (a)  If the supervisor receives notice or information
1284pursuant to subsections (4)-(6), the supervisor of the county in
1285which the voter is registered shall:
1286     1.  Notify the registered voter of his or her potential
1287ineligibility by mail within 7 days after receipt of notice or
1288information. The notice shall include:
1289     a.  A statement of the basis for the registered voter's
1290potential ineligibility and a copy of any documentation upon
1291which the potential ineligibility is based.
1292     b.  A statement that failure to respond within 30 days
1293after receipt of the notice may result in a determination of
1294ineligibility and in removal of the registered voter's name from
1295the statewide voter registration system.
1296     c.  A return form that requires the registered voter to
1297admit or deny the accuracy of the information underlying the
1298potential ineligibility for purposes of a final determination by
1299the supervisor.
1300     d.  A statement that, if the voter is denying the accuracy
1301of the information underlying the potential ineligibility, the
1302voter has a right to request a hearing for the purpose of
1303determining eligibility.
1304     e.  Instructions for the registered voter to contact the
1305supervisor of elections of the county in which the voter is
1306registered if assistance is needed in resolving the matter.
1307     f.  Instructions for seeking restoration of civil rights
1308following a felony conviction, if applicable.
1309     2.  If the mailed notice is returned as undeliverable, the
1310supervisor shall publish notice once in a newspaper of general
1311circulation in the county in which the voter was last
1312registered. 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
1315be registered to vote.
1316     c.  A statement that failure to respond within 30 days
1317after the notice is published may result in a determination of
1318ineligibility by the supervisor and removal of the registered
1319voter's name from the statewide voter registration system.
1320     d.  An instruction for the voter to contact the supervisor
1321no later than 30 days after the date of the published notice to
1322receive information regarding the basis for the potential
1323ineligibility and the procedure to resolve the matter.
1324     e.  An instruction to the voter that, if further assistance
1325is needed, the voter should contact the supervisor of elections
1326of the county in which the voter is registered.
1327     3.  If a registered voter fails to respond to a notice
1328pursuant to subparagraph 1. or subparagraph 2., the supervisor
1329shall make a final determination of the voter's eligibility. If
1330the supervisor determines that the voter is ineligible, the
1331supervisor shall remove the name of the registered voter from
1332the statewide voter registration system. The supervisor shall
1333notify the registered voter of the supervisor's determination
1334and action.
1335     4.  If a registered voter responds to the notice pursuant
1336to subparagraph 1. or subparagraph 2. and admits the accuracy of
1337the information underlying the potential ineligibility, the
1338supervisor shall make a final determination of ineligibility and
1339shall remove the voter's name from the statewide voter
1340registration system. The supervisor shall notify the registered
1341voter of the supervisor's determination and action.
1342     5.  If a registered voter responds to the notice issued
1343pursuant to subparagraph 1. or subparagraph 2. and denies the
1344accuracy of the information underlying the potential
1345ineligibility but does not request a hearing, the supervisor
1346shall review the evidence and make a final determination of
1347eligibility. If such registered voter requests a hearing, the
1348supervisor shall send notice to the registered voter to attend a
1349hearing at a time and place specified in the notice. Upon
1350hearing all evidence presented at the hearing, the supervisor
1351shall make a determination of eligibility. If the supervisor
1352determines that the registered voter is ineligible, the
1353supervisor shall remove the voter's name from the statewide
1354voter registration system and notify the registered voter of the
1355supervisor's determination and action.
1356     (b)  The following shall apply to this subsection:
1357     1.  All determinations of eligibility shall be based on a
1358preponderance of the evidence.
1359     2.  All proceedings are exempt from the provisions of
1360chapter 120.
1361     3.  Any notice shall be sent to the registered voter by
1362certified mail, return receipt requested, or other means that
1363provides a verification of receipt or shall be published in a
1364newspaper of general circulation where the voter was last
1365registered, whichever is applicable.
1366     4.  The supervisor shall remove the name of any registered
1367voter from the statewide voter registration system only after
1368the supervisor makes a final determination that the voter is
1369ineligible to vote.
1370     5.  Any voter whose name has been removed from the
1371statewide voter registration system pursuant to a determination
1372of ineligibility may appeal that determination under the
1373provisions of s. 98.0755.
1374     6.  Any voter whose name was removed from the statewide
1375voter registration system on the basis of a determination of
1376ineligibility who subsequently becomes eligible to vote must
1377reregister in order to have his or her name restored to the
1378statewide voter registration system.
1379     (8)  CERTIFICATION.--
1380     (a)  No later than July 31 and January 31 of each year, the
1381supervisor shall certify to the department the activities
1382conducted pursuant to this section during the first 6 months and
1383the second 6 months of the year, respectively. The certification
1384shall include the number of persons to whom notices were sent
1385pursuant to subsection (7), the number of persons who responded
1386to the notices, the number of notices returned as undeliverable,
1387the number of notices published in the newspaper, the number of
1388hearings conducted, and the number of persons removed from the
1389statewide voter registration systems and the reasons for such
1391     (b)  If, based on the certification provided pursuant to
1392paragraph (a), the department determines that a supervisor has
1393not satisfied the requirements of this section, the department
1394shall satisfy the appropriate requirements for that county.
1395Failure to satisfy the requirements of this section shall
1396constitute a violation of s. 104.051.
1397     Section 21.  Section 98.0755, Florida Statutes, is created
1398to read:
1399     98.0755  Appeal of determination of ineligibility.--Appeal
1400of the supervisor's determination of ineligibility pursuant to
1401s. 98.075(7) may be taken to the circuit court in and for the
1402county where the person was registered. Notice of appeal must be
1403filed within the time and in the manner provided by the Florida
1404Rules of Appellate Procedure and acts as supersedeas. Trial in
1405the circuit court is de novo and governed by the rules of that
1406court. Unless the person can show that his or her name was
1407erroneously or illegally removed from the statewide voter
1408registration system, or that he or she is indigent, the person
1409must bear the costs of the trial in the circuit court.
1410Otherwise, the cost of the appeal must be paid by the supervisor
1411of elections.
1412     Section 22.  Section 98.077, Florida Statutes, is amended
1413to read:
1414     98.077  Update of voter signature.--
1415     (1)  A registered voter may update his or her signature on
1416file in the statewide voter registration system at any time
1417using a voter registration application submitted to a voter
1418registration official.
1419     (2)  The department and supervisors supervisor of elections
1420shall include in any correspondence, other than postcard
1421notifications and notices relating to eligibility, sent to a
1422provide to each registered voter information regarding of the
1423county the opportunity to update his or her signature on file at
1424the supervisor's office by providing notification of the ability
1425to do so in any correspondence, other than postcard
1426notifications, sent to the voter. The notice shall advise when,
1427where, and how to update the voter's signature and shall provide
1428the voter information on how to obtain a voter registration
1429application form from a voter registration official which the
1430supervisor that can be returned to update the signature.
1431     (3)  In addition, At least once during each general
1432election year, the supervisor shall publish in a newspaper of
1433general circulation or other newspaper in the county deemed
1434appropriate by the supervisor a notice specifying when, where,
1435or how a voter can update his or her signature that is on file
1436and or how a voter can obtain a voter registration application
1437form from a voter registration official the supervisor to do so.
1438     (4)  All signature updates for use in verifying absentee
1439and provisional ballots must be received by the appropriate
1440supervisor of elections no later than the start of the
1441canvassing of absentee ballots by the canvassing board. The
1442signature on file at the start of the canvass of the absentees
1443is the signature that shall be used in verifying the signature
1444on the absentee and provisional ballot certificates.
1445     Section 23.  Section 98.081, Florida Statutes, is amended
1446to read:
1447     98.081  Names removed from the statewide voter registration
1448system books; restrictions on reregistering; recordkeeping;
1449restoration of erroneously or illegally removed names.--
1450     (1)  Any person who requested that his or her name be
1451removed from the statewide voter registration system books
1452between the book-closing date of the first primary and the date
1453of the second primary may not register in a different political
1454party until after the date of the second primary election.
1455     (2)  When the name of any elector is removed from the
1456statewide voter registration system books pursuant to s. 98.065
1457or, s. 98.075, or s. 98.093, the elector's original registration
1458application form shall be retained by the supervisor of
1459elections having custody of the application filed alphabetically
1460in the office of the supervisor. As alternatives, registrations
1461removed from the statewide voter registration system books may
1462be microfilmed and such microfilms substituted for the original
1463registration applications forms; or, when voter registration
1464information, including the voter's signature, is maintained
1465digitally or on electronic, magnetic, or optic media, such
1466stored information may be substituted for the original
1467registration application form. Such microfilms or stored
1468information shall be retained by the supervisor of elections
1469having in the custody of the supervisor. In the event the
1470original registration applications forms are microfilmed or
1471maintained digitally or on electronic or other media, such
1472originals may be destroyed in accordance with the schedule
1473approved by the Bureau of Archives and Records Management of the
1474Division of Library and Information Services of the department.
1475     (3)  When the name of any elector has been erroneously or
1476illegally removed from the statewide voter registration system
1477books, the name of the elector shall be restored by a voter
1478registration official the supervisor upon satisfactory proof,
1479even though the registration period for that election is closed.
1480     Section 24.  Section 98.093, Florida Statutes, is amended
1481to read:
1482     98.093  Duty of officials to furnish lists of deceased
1483persons, persons adjudicated mentally incapacitated, and persons
1484convicted of a felony.--
1485     (1)  In order to ensure the maintenance of accurate and
1486current voter registration records, it is necessary for the
1487department to receive certain information from state and federal
1488officials and entities. The department and supervisors of
1489elections shall use the information provided from the sources in
1490subsection (2) to maintain the voter registration records.
1491     (2)  To the maximum extent feasible, state and local
1492government agencies shall facilitate provision of information
1493and access to data to the department, including, but not limited
1494to, databases that contain reliable criminal records and records
1495of deceased persons. State and local government agencies that
1496provide such data shall do so without charge if the direct cost
1497incurred by those agencies is not significant.
1498     (a)  The Department of Health shall furnish monthly to the
1499department each supervisor of elections a list containing the
1500name, address, date of birth, date of death, social security
1501number, race, and sex of each deceased person 17 years of age or
1502older who was a resident of such supervisor's county.
1503     (b)(2)  Each clerk of the circuit court shall furnish
1504monthly to the department, at least once each month, deliver to
1505each supervisor of elections a list of those persons who have
1506been adjudicated mentally incapacitated with respect to voting
1507during the preceding calendar month, a list of those persons
1508whose mental capacity with respect to voting has been restored
1509during the preceding calendar month, and a list of those persons
1510who have returned signed jury notices during the preceding
1511months to the clerk of the circuit court indicating a change of
1512address. Each list shall include stating the name, address, date
1513of birth, race, and sex, and, whichever is available, the
1514Florida driver's license number, Florida identification card
1515number, or social security number of each such person convicted
1516of a felony during the preceding calendar month who was a
1517resident of that supervisor's county, a list stating the name,
1518address, date of birth, race, and sex of each person adjudicated
1519mentally incapacitated with respect to voting during the
1520preceding calendar month who was a resident of that supervisor's
1521county, and a list stating the name, address, date of birth,
1522race, and sex of each person whose mental capacity with respect
1523to voting has been restored who was a resident of that
1524supervisor's county.
1525     (c)(3)  Upon receipt of information from the United States
1526Attorney, listing persons convicted of a felony in federal
1527court, the department shall use such information to identify
1528registered voters or applicants for voter registration who may
1529be potentially ineligible based on information provided in
1530accordance with s. 98.075 immediately forward such information
1531to the supervisor of elections for the county where the offender
1533     (d)  The Department of Law Enforcement shall identify those
1534persons who have been convicted of a felony who appear in the
1535voter registration records supplied by the statewide voter
1536registration system, in a time and manner that enables the
1537department to meet its obligations under state and federal law.
1538     (e)  The Board of Executive Clemency shall furnish monthly
1539to the department a list of those persons granted clemency in
1540the preceding month or any updates to prior records which have
1541occurred in the preceding month. The list shall contain the
1542Board of Executive Clemency case number, name, address, date of
1543birth, race, sex, social security number, if available, and
1544references to record identifiers assigned by the Department of
1545Corrections, a unique identifier of each clemency case, and the
1546effective date of clemency of each person.
1547     (f)  The Department of Corrections shall furnish monthly to
1548the department a list of those persons transferred to the
1549Department of Corrections in the preceding month or any updates
1550to prior records which have occurred in the preceding month. The
1551list shall contain the name, address, date of birth, race, sex,
1552social security number, Department of Corrections record
1553identification number, and associated Department of Law
1554Enforcement felony conviction record number of each person.
1555     (g)  The Department of Highway Safety and Motor Vehicles
1556shall furnish monthly to the department a list of those persons
1557whose names have been removed from the driver's license database
1558because they have been licensed in another state. The list shall
1559contain the name, address, date of birth, sex, social security
1560number, and driver's license number of each such person.
1561     (4)  Upon receipt of any such list, the supervisor shall
1562remove from the registration books the name of any person listed
1563who is deceased, convicted of a felony, or adjudicated mentally
1564incapacitated with respect to voting. A person who has had his
1565or her mental capacity with respect to voting restored or who
1566has had his or her right to vote restored after conviction of a
1567felony shall be required to reregister to have his or her name
1568restored to the registration books.
1569     (3)(5)  Nothing in this section shall limit or restrict the
1570supervisor in his or her duty to remove the names of such
1571persons from the statewide voter registration system pursuant to
1572s. 98.075(7) based upon books after verification of information
1573received from other sources.
1574     Section 25.  Effective August 1, 2006, section 98.0981,
1575Florida Statutes, is created to read:
1576     98.0981  Statewide voter registration database.--Within 75
1577days after a general election or within 15 days after all
1578supervisors of elections have updated voter history information,
1579whichever occurs later, the department shall send to the
1580President of the Senate, the Speaker of the House of
1581Representatives, the Senate Minority Leader, and the House
1582Minority Leader a report in electronic format of all voters
1583qualified to vote in the election or primary. The report shall
1584include for each voter the code used by the department to
1585uniquely identify the voter; all information provided in the
1586uniform statewide voter registration application pursuant to s.
158797.052(2), except what is specifically identified as
1588confidential or exempt from public-records requirements; the
1589date of registration; the representative district, senatorial
1590district, congressional district, and precinct in which the
1591voter resides; and whether the voter voted at the precinct
1592location, voted by early vote, voted by absentee ballot,
1593attempted to vote by absentee ballot that was not counted,
1594attempted to vote by provisional ballot that was not counted, or
1595did not vote.
1596     Section 26.  Section 98.212, Florida Statutes, is amended
1597to read:
1598     98.212  Department and supervisors to furnish statistical
1599and other information.--
1600     (1)(a)  Upon written request, the department and any
1601supervisor of the respective counties supervisors shall, as
1602promptly as possible, furnish to recognized public or private
1603universities and senior colleges within the state, to state or
1604county governmental agencies, and to recognized political party
1605committees statistical information for the purpose of analyzing
1606election returns and results.
1607     (b)  The department and any supervisor Supervisors may
1608require reimbursement for any part or all of the actual expenses
1609of supplying any information requested under paragraph (a). For
1610the purposes of this subsection, the department and supervisors
1611may use the services of any research and statistical personnel
1612that may be supplied.
1613     (c)  Lists of names submitted to the department and any
1614supervisor of the respective counties supervisors for indication
1615of registration or nonregistration or of party affiliation shall
1616be processed at any time at cost, except that in no case shall
1617the charge exceed 10 cents for each name on which the
1618information is furnished.
1619     (2)  The supervisors shall provide information as requested
1620by the department for program evaluation and reporting to the
1621Federal Election Assistance Commission pursuant to federal law
1622the National Voter Registration Act of 1993.
1623     Section 27.  Section 98.461, Florida Statutes, is amended
1624to read:
1625     98.461  Registration application form, precinct register;
1627     (1)  A registration application form, approved by the
1628Department of State, containing the information required in s.
162997.052 shall be retained by the supervisor of elections of the
1630county of the applicant's registration filed alphabetically in
1631the office of the supervisor as the master list of electors of
1632the county. However, the registration application forms may be
1633microfilmed and such microfilm microfilms substituted for the
1634original registration application forms; or, when voter
1635registration information, including the voter's signature, is
1636maintained digitally or on electronic, magnetic, or optic media,
1637such stored information may be substituted for the original
1638registration application form. Such microfilms or stored
1639information shall be retained in the custody of the supervisor
1640of elections of the county of the applicant's registration. In
1641the event the original registration applications forms are
1642microfilmed or maintained digitally or on electronic or other
1643media, such originals may be destroyed in accordance with the
1644schedule approved by the Bureau of Archives and Records
1645Management of the Division of Library and Information Services
1646of the Department of State. As an alternative, the information
1647from the registration form, including the signature, may be
1648electronically reproduced and stored as provided in s. 98.451.
1649     (2)  A computer printout or electronic database shall be
1650used at the polls as a precinct register in lieu of the
1651registration books. The precinct register shall contain the date
1652of the election, the precinct number, and the following
1653information concerning each registered elector: last name, first
1654name, and middle name or initial, and suffix; party affiliation;
1655residence address; registration number; date of birth; sex, if
1656provided; race, if provided; whether the voter needs assistance
1657in voting; and such other additional information as to readily
1658identify the elector. The precinct register shall also contain a
1659space for the elector's signature and a space for the initials
1660of the witnessing clerk or inspector or an electronic device may
1661be provided for this purpose.
1662     Section 28.  Effective January 1, 2007, section 100.371,
1663Florida Statutes, as amended by section 9 of chapter 2002-281,
1664Laws of Florida, is amended to read:
1665     100.371  Initiatives; procedure for placement on ballot.--
1666     (1)  Constitutional amendments proposed by initiative shall
1667be placed on the ballot for the general election provided the
1668initiative has been filed with occurring in excess of 90 days
1669from the certification of ballot position by the Secretary of
1670State no later than February 1 of the year the general election
1671is held. A petition shall be deemed to be filed with the
1672Secretary of State upon the date the secretary determines that
1673the petition has been signed by the constitutionally required
1674number of electors.
1675     (2)  Such certification shall be issued when the Secretary
1676of State has received verification certificates from the
1677supervisors of elections indicating that the requisite number
1678and distribution of valid signatures of electors have been
1679submitted to and verified by the supervisors. Every signature
1680shall be dated when made and shall be valid for a period of 4
1681years following such date, provided all other requirements of
1682law are complied with.
1683     (2)(3)  The sponsor of an initiative amendment shall, prior
1684to obtaining any signatures, register as a political committee
1685pursuant to s. 106.03 and submit the text of the proposed
1686amendment to the Secretary of State, with the form on which the
1687signatures will be affixed, and shall obtain the approval of the
1688Secretary of State of such form. The Secretary of State shall
1689adopt rules pursuant to s. 120.54 prescribing the style and
1690requirements of such form. Upon filing with the Secretary of
1691State, the text of the proposed amendment and all forms filed in
1692connection with this section must, upon request, be made
1693available in alternative formats.
1694     (3)(4)  Each signature shall be dated when made and shall
1695be valid for a period of 4 years following such date, provided
1696all other requirements of law are met. The sponsor shall submit
1697signed and dated forms to the appropriate supervisor of
1698elections for verification as to the number of registered
1699electors whose valid signatures appear thereon. The supervisor
1700shall promptly verify the signatures upon payment of the fee
1701required by s. 99.097. The supervisor shall promptly record each
1702valid signature in the statewide voter registration system in
1703the manner prescribed by the Secretary of State. Upon completion
1704of verification, the supervisor shall execute a certificate
1705indicating the total number of signatures checked, the number of
1706signatures verified as valid and as being of registered
1707electors, and the distribution by congressional district. This
1708certificate shall be immediately transmitted to the Secretary of
1709State. The supervisor shall retain the signature forms for at
1710least 1 year following the election in which the issue appeared
1711on the ballot or until the Division of Elections notifies the
1712supervisors of elections that the committee which circulated the
1713petition is no longer seeking to obtain ballot position.
1714     (4)(5)  The Secretary of State shall determine from the
1715signatures verified by the verification certificates received
1716from supervisors of elections and recorded in the statewide
1717voter registration system the total number of verified valid
1718signatures and the distribution of such signatures by
1719congressional districts. Upon a determination that the requisite
1720number and distribution of valid signatures have been obtained,
1721the secretary shall issue a certificate of ballot position for
1722that proposed amendment and shall assign a designating number
1723pursuant to s. 101.161. A petition shall be deemed to be filed
1724with the Secretary of State upon the date of the receipt by the
1725secretary of a certificate or certificates from supervisors of
1726elections indicating the petition has been signed by the
1727constitutionally required number of electors.
1728     (5)(6)(a)  Within 45 days after receipt of a proposed
1729revision or amendment to the State Constitution by initiative
1730petition from the Secretary of State or, within 30 days after
1731such receipt if receipt occurs 120 days or less before the
1732election at which the question of ratifying the amendment will
1733be presented, the Financial Impact Estimating Conference shall
1734complete an analysis and financial impact statement to be placed
1735on the ballot of the estimated increase or decrease in any
1736revenues or costs to state or local governments resulting from
1737the proposed initiative. The Financial Impact Estimating
1738Conference shall submit the financial impact statement to the
1739Attorney General and Secretary of State.
1740     (b)1.  The Financial Impact Estimating Conference shall
1741provide an opportunity for any proponents or opponents of the
1742initiative to submit information and may solicit information or
1743analysis from any other entities or agencies, including the
1744Office of Economic and Demographic Research. All meetings of the
1745Financial Impact Estimating Conference shall be open to the
1746public as provided in chapter 286.
1747     2.  The Financial Impact Estimating Conference is
1748established to review, analyze, and estimate the financial
1749impact of amendments to or revisions of the State Constitution
1750proposed by initiative. The Financial Impact Estimating
1751Conference shall consist of four principals: one person from the
1752Executive Office of the Governor; the coordinator of the Office
1753of Economic and Demographic Research, or his or her designee;
1754one person from the professional staff of the Senate; and one
1755person from the professional staff of the House of
1756Representatives. Each principal shall have appropriate fiscal
1757expertise in the subject matter of the initiative. A Financial
1758Impact Estimating Conference may be appointed for each
1760     3.  Principals of the Financial Impact Estimating
1761Conference shall reach a consensus or majority concurrence on a
1762clear and unambiguous financial impact statement, no more than
176375 words in length, and immediately submit the statement to the
1764Attorney General. Nothing in this subsection prohibits the
1765Financial Impact Estimating Conference from setting forth a
1766range of potential impacts in the financial impact statement.
1767Any financial impact statement that a court finds not to be in
1768accordance with this section shall be remanded solely to the
1769Financial Impact Estimating Conference for redrafting. The
1770Financial Impact Estimating Conference shall redraft the
1771financial impact statement within 15 days.
1772     4.  If the members of the Financial Impact Estimating
1773Conference are unable to agree on the statement required by this
1774subsection, or if the Supreme Court has rejected the initial
1775submission by the Financial Impact Estimating Conference and no
1776redraft has been approved by the Supreme Court by 5 p.m. on the
177775th day before the election, the following statement shall
1778appear on the ballot pursuant to s. 101.161(1): "The financial
1779impact of this measure, if any, cannot be reasonably determined
1780at this time."
1781     (c)  The financial impact statement must be separately
1782contained and be set forth after the ballot summary as required
1783in s. 101.161(1).
1784     (d)1.  Any financial impact statement that the Supreme
1785Court finds not to be in accordance with this subsection shall
1786be remanded solely to the Financial Impact Estimating Conference
1787for redrafting, provided the court's advisory opinion is
1788rendered at least 75 days before the election at which the
1789question of ratifying the amendment will be presented. The
1790Financial Impact Estimating Conference shall prepare and adopt a
1791revised financial impact statement no later than 5 p.m. on the
179215th day after the date of the court's opinion.
1793     2.  If, by 5 p.m. on the 75th day before the election, the
1794Supreme Court has not issued an advisory opinion on the initial
1795financial impact statement prepared by the Financial Impact
1796Estimating Conference for an initiative amendment that otherwise
1797meets the legal requirements for ballot placement, the financial
1798impact statement shall be deemed approved for placement on the
1800     3.  In addition to the financial impact statement required
1801by this subsection, the Financial Impact Estimating Conference
1802shall draft an initiative financial information statement. The
1803initiative financial information statement should describe in
1804greater detail than the financial impact statement any projected
1805increase or decrease in revenues or costs that the state or
1806local governments would likely experience if the ballot measure
1807were approved. If appropriate, the initiative financial
1808information statement may include both estimated dollar amounts
1809and a description placing the estimated dollar amounts into
1810context. The initiative financial information statement must
1811include both a summary of not more than 500 words and additional
1812detailed information that includes the assumptions that were
1813made to develop the financial impacts, workpapers, and any other
1814information deemed relevant by the Financial Impact Estimating
1816     4.  The Department of State shall have printed, and shall
1817furnish to each supervisor of elections, a copy of the summary
1818from the initiative financial information statements. The
1819supervisors shall have the summary from the initiative financial
1820information statements available at each polling place and at
1821the main office of the supervisor of elections upon request.
1822     5.  The Secretary of State and the Office of Economic and
1823Demographic Research shall make available on the Internet each
1824initiative financial information statement in its entirety. In
1825addition, each supervisor of elections whose office has a
1826website shall post the summary from each initiative financial
1827information statement on the website. Each supervisor shall
1828include the Internet addresses for the information statements on
1829the Secretary of State's and the Office of Economic and
1830Demographic Research's websites in the publication or mailing
1831required by s. 101.20.
1832     (6)(7)  The Department of State may adopt rules in
1833accordance with s. 120.54 to carry out the provisions of
1834subsections (1)-(5) (1)-(6).
1835     Section 29.  Subsection (3) of section 101.001, Florida
1836Statutes, is amended to read:
1837     101.001  Precincts and polling places; boundaries.--
1838     (3)(a)  Each supervisor of elections shall maintain a
1839suitable map drawn to a scale no smaller than 3 miles to the
1840inch and clearly delineating all major observable features such
1841as roads, streams, and railway lines and showing the current
1842geographical boundaries of each precinct, representative
1843district, and senatorial district, and other type of district in
1844the county subject to the elections process in this code.
1845     (b)  The supervisor of elections shall notify the Secretary
1846of State in writing within 30 days after of any reorganization
1847of precincts and shall furnish a copy of the map showing the
1848current geographical boundaries and designation of each new
1849precinct. However, if precincts are composed of whole census
1850blocks, the supervisor may furnish, in lieu of a copy of the
1851map, a list, in an electronic format prescribed by the
1852Department of State, associating each census block in the county
1853with its precinct.
1854     (c)  Any precinct established or altered under the
1855provisions of this section shall consist of areas bounded on all
1856sides only by:
1857     1.  Census block boundaries from the most recent United
1858States Census;
1859     2.  Governmental unit boundaries reported in the most
1860recent Boundary and Annexation Survey published by the United
1861States Census Bureau;
1862     3.  Visible features that are readily distinguishable upon
1863the ground, such as streets, railroads, tracks, streams, and
1864lakes, and that are indicated upon current census maps, official
1865Department of Transportation maps, official municipal maps,
1866official county maps, or a combination of such maps;
1867     4.  Boundaries of public parks, public school grounds, or
1868churches; or
1869     5.  Boundaries of counties, incorporated municipalities, or
1870other political subdivisions that meet criteria established by
1871the United States Census Bureau for block boundaries.
1872     (d)  Until July 1, 2012, a supervisor may apply for and
1873obtain from the Secretary of State a waiver of the requirement
1874in paragraph (c).
1875     Section 30.  Subsections (1) and (3) of section 101.043,
1876Florida Statutes, are amended to read:
1877     101.043  Identification required at polls.--
1878     (1)  The precinct register, as prescribed in s. 98.461,
1879shall be used at the polls in lieu of the registration books for
1880the purpose of identifying the elector at the polls prior to
1881allowing him or her to vote. The clerk or inspector shall
1882require each elector, upon entering the polling place, to
1883present one of the following a current and valid picture
1885     (a)  Florida driver's license.
1886     (b)  Florida identification card issued by the Department
1887of 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.
1899If the picture identification does not contain the signature of
1900the voter, an additional identification that provides the
1901voter's signature shall be required. The elector shall sign his
1902or her name in the space provided on the precinct register or on
1903an electronic device provided for recording the voter's
1904signature., and The clerk or inspector shall compare the
1905signature with that on the identification provided by the
1906elector and enter his or her initials in the space provided on
1907the precinct register or on an electronic device provided for
1908that purpose and allow the elector to vote if the clerk or
1909inspector is satisfied as to the identity of the elector.
1910     (3)  If the elector who fails to furnish the required
1911identification is an elector subject to s. 97.0535 a first-time
1912voter who registered by mail and has not provided the required
1913identification to a voter registration official the supervisor
1914of elections prior to election day, the elector shall be allowed
1915to vote a provisional ballot. The canvassing board shall
1916determine the validity of the ballot pursuant to s. 101.048(2).
1917     Section 31.  Subsections (2) and (3) of section 101.045,
1918Florida Statutes, are amended to read:
1919     101.045  Electors must be registered in precinct;
1920provisions for residence or name change.--
1921     (2)(a)  An elector who moves from the precinct within the
1922county in which the elector is registered may be permitted to
1923vote in the precinct to which he or she has moved his or her
1924legal residence, provided such elector completes an affirmation
1925in substantially the following form:
Change of Legal Residence of Registered
1929Under 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 _____
1933precinct of _____ County, Florida; that I have not voted in the
1934precinct of my former registration in this election; that I now
1935reside at  (Address of legal residence)  in the Municipality of
1936_____, in _____ County, Florida, and am therefore eligible to
1937vote in the _____ precinct of _____ County, Florida; and I
1938further swear (or affirm) that I am otherwise legally registered
1939and entitled to vote.     
1940(Signature of voter whose address of legal
1941residence has changed)
1942     (b)  An elector whose name changes because of marriage or
1943other legal process may be permitted to vote, provided such
1944elector completes an affirmation in substantially the following
Change of Name of Registered
1949Under penalties for false swearing, I, (New name of voter)  ,
1950swear (or affirm) that my name has been changed
1951because of marriage or other legal process. My former name and
1952address of legal residence appear on the registration records
1953books of precinct _____ as follows:
1958Florida, Zip
1959My present name and address of legal residence are as follows:
1964Florida, Zip
1965and I further swear (or affirm) that I am otherwise legally
1966registered and entitled to vote.  
1967(Signature of voter whose name has changed)
1968     (c)  Such affirmation, when completed and presented at the
1969precinct in which such elector is entitled to vote, and upon
1970verification of the elector's registration, shall entitle such
1971elector to vote as provided in this subsection. If the elector's
1972eligibility to vote cannot be determined, he or she shall be
1973entitled to vote a provisional ballot, subject to the
1974requirements and procedures in s. 101.048. Upon receipt of an
1975affirmation certifying a change in address of legal residence or
1976name, the supervisor shall as soon as practicable make the
1977necessary changes in the statewide voter registration system
1978records of the county to indicate the change in address of legal
1979residence or name of such elector.
1980     (d)  Instead of the affirmation contained in paragraph (a)
1981or paragraph (b), an elector may complete a voter registration
1982application that indicates the change of name or change of
1983address of legal residence.
1984     (e)  A request for an absentee ballot pursuant to s. 101.62
1985which indicates that the elector has had a change of address of
1986legal residence from that in the supervisor's records shall be
1987sufficient as the notice to the supervisor of change of address
1988of legal residence required by this section. Upon receipt of
1989such request for an absentee ballot from an elector who has
1990changed his or her address of legal residence, the supervisor
1991shall provide the elector with the proper ballot for the
1992precinct in which the elector then has his or her legal
1994     (3)  When an elector's name does not appear on the
1995registration books of the election precinct in which the elector
1996is registered, the elector may have his or her name restored if
1997the supervisor is otherwise satisfied that the elector is
1998validly registered, that the elector's name has been erroneously
1999omitted from the books, and that the elector is entitled to have
2000his or her name restored. The supervisor, if he or she is
2001satisfied as to the elector's previous registration, shall allow
2002such person to vote and shall thereafter issue a duplicate
2003registration identification card.
2004     Section 32.  Subsection (1) of section 101.048, Florida
2005Statutes, is amended to read:
2006     101.048  Provisional ballots.--
2007     (1)  At all elections, a voter claiming to be properly
2008registered in the state county and eligible to vote at the
2009precinct in the election, but whose eligibility cannot be
2010determined, and other persons specified in the code shall be
2011entitled to vote a provisional ballot. Once voted, the
2012provisional ballot shall be placed in a secrecy envelope and
2013thereafter sealed in a provisional ballot envelope. The
2014provisional ballot shall be deposited in a ballot box. All
2015provisional ballots shall remain sealed in their envelopes for
2016return to the supervisor of elections. The department shall
2017prescribe the form of the provisional ballot envelope.
2018     Section 33.  Effective January 1, 2007, subsection (1) of
2019section 101.161, Florida Statutes, is amended to read:
2020     101.161  Referenda; ballots.--
2021     (1)  Whenever a constitutional amendment or other public
2022measure is submitted to the vote of the people, the substance of
2023such amendment or other public measure shall be printed in clear
2024and unambiguous language on the ballot after the list of
2025candidates, followed by the word "yes" and also by the word
2026"no," and shall be styled in such a manner that a "yes" vote
2027will indicate approval of the proposal and a "no" vote will
2028indicate rejection. The wording of the substance of the
2029amendment or other public measure and the ballot title to appear
2030on the ballot shall be embodied in the joint resolution,
2031constitutional revision commission proposal, constitutional
2032convention proposal, taxation and budget reform commission
2033proposal, or enabling resolution or ordinance. Except for
2034amendments and ballot language proposed by joint resolution, the
2035substance of the amendment or other public measure shall be an
2036explanatory statement, not exceeding 75 words in length, of the
2037chief purpose of the measure. In addition, for every amendment
2038proposed by initiative, the ballot shall include, following the
2039ballot summary, a separate financial impact statement concerning
2040the measure prepared by the Financial Impact Estimating
2041Conference in accordance with s. 100.371(5)(6). The ballot title
2042shall consist of a caption, not exceeding 15 words in length, by
2043which the measure is commonly referred to or spoken of.
2044     Section 34.  Subsection (2) of section 101.56062, Florida
2045Statutes, as created by chapter 2002-281, Laws of Florida, is
2046amended to read:
2047     101.56062  Standards for accessible voting systems.--
2048     (2)  Such voting system must include at least one
2049accessible voter interface device installed in each polling
2050place precinct which meets the requirements of this section,
2051except for paragraph (1)(d).
2052     Section 35.  Subsection (1) of section 101.5608, Florida
2053Statutes, is amended to read:
2054     101.5608  Voting by electronic or electromechanical method;
2056     (1)  Each elector desiring to vote shall be identified to
2057the clerk or inspector of the election as a duly qualified
2058elector of such election and shall sign his or her name on the
2059in ink or indelible pencil to an identification blank, signature
2060slip, precinct register, or other form or device provided by the
2061supervisor ballot stub on which the ballot serial number may be
2062recorded. The inspector shall compare the signature with the
2063signature on the identification provided by the elector. If the
2064inspector is reasonably sure that the person is entitled to
2065vote, the inspector shall provide the person with a ballot.
2066     Section 36.  Effective August 1, 2006, section 101.573,
2067Florida 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
2070or runoff, whichever occurs later, a presidential preference
2071primary, or a general election, the supervisor of elections
2072shall file with the Department of State precinct-level election
2073results for that election cycle, including any primary
2074elections. Precinct-level election results shall record for each
2075precinct the returns of ballots cast at the precinct location to
2076which have been added the returns of absentee and early ballots
2077cast by voters registered in the precinct.
2078     (2)  The Department of State shall adopt rules pursuant to
2079ss. 120.536(1) and 120.54 prescribing the form by which
2080supervisors of elections shall submit election results for each
2082     Section 37.  Effective January 1, 2007, paragraph (a) of
2083subsection (4) of section 101.62, Florida Statutes, is amended
2084to read:
2085     101.62  Request for absentee ballots.--
2086     (4)(a)  To each absent qualified elector overseas who has
2087requested an absentee ballot, the supervisor of elections shall,
2088not fewer than 35 days before the first primary election, mail
2089an absentee ballot. Not fewer than 45 days before the second
2090primary and general election, the supervisor of elections shall
2091mail an advance absentee ballot to those persons requesting
2092ballots for such elections. The advance absentee ballot for the
2093second primary shall be the same as the first primary absentee
2094ballot as to the names of candidates, except that for any
2095offices where there are only two candidates, those offices and
2096all political party executive committee offices shall be
2097omitted. Except as provided in ss. 99.063(4) and 100.371(5)(6),
2098the advance absentee ballot for the general election shall be as
2099specified in s. 101.151, except that in the case of candidates
2100of political parties where nominations were not made in the
2101first primary, the names of the candidates placing first and
2102second in the first primary election shall be printed on the
2103advance absentee ballot. The advance absentee ballot or advance
2104absentee ballot information booklet shall be of a different
2105color for each election and also a different color from the
2106absentee ballots for the first primary, second primary, and
2107general election. The supervisor shall mail an advance absentee
2108ballot for the second primary and general election to each
2109qualified absent elector for whom a request is received until
2110the absentee ballots are printed. The supervisor shall enclose
2111with the advance second primary absentee ballot and advance
2112general election absentee ballot an explanation stating that the
2113absentee ballot for the election will be mailed as soon as it is
2114printed; and, if both the advance absentee ballot and the
2115absentee ballot for the election are returned in time to be
2116counted, only the absentee ballot will be counted. The
2117Department of State may prescribe by rule the requirements for
2118preparing and mailing absentee ballots to absent qualified
2119electors overseas.
2120     Section 38.  Subsection (3) is added to section 101.64,
2121Florida Statutes, to read:
2122     101.64  Delivery of absentee ballots; envelopes; form.--
2123     (3)  The supervisor shall mark, code, indicate on, or
2124otherwise track the precinct of the absent elector for each
2125absentee ballot.
2126     Section 39.  Paragraph (a) of subsection (1) of section
2127101.657, Florida Statutes, is amended to read:
2128     101.657  Early voting.--
2129     (1)(a)  The supervisor of elections shall allow an elector
2130to vote early in the main or branch office of the supervisor by
2131depositing the voted ballot in a voting device used by the
2132supervisor to collect or tabulate ballots. The supervisor shall
2133mark, code, indicate on, or otherwise track the voter's precinct
2134for each early voted ballot. In order for a branch office to be
2135used for early voting, it shall be a full-service facility of
2136the supervisor and shall have been designated as such at least 1
2137year prior to the election. The supervisor may designate any
2138city hall or public library as early voting sites; however, if
2139so designated, the sites must be geographically located so as to
2140provide all voters in the county an equal opportunity to cast a
2141ballot, insofar as is practicable. The results or tabulation may
2142not be made before the close of the polls on election day.
2143     Section 40.  Section 101.663, Florida Statutes, is amended
2144to read:
2145     101.663  Electors; change of residence to another state.--
2146     (1)  An elector who changes his or her residence to another
2147county in Florida from the county in Florida in which he or she
2148is registered as an elector after the books in the county to
2149which the elector has changed his or her residence are closed
2150for any general, primary, or special election shall be permitted
2151to vote absentee in the county of his or her former residence in
2152that election for President and Vice President, United States
2153Senator, statewide offices, and statewide issues. Such person
2154shall not be permitted to vote in the county of the person's
2155former residence after the general election.
2156     (2)  An elector registered in this state who moves his or
2157her permanent residence to another state and who is prohibited
2158by the laws of that state from voting for the offices of
2159President and Vice President of the United States shall be
2160permitted to vote absentee in the county of his or her former
2161residence for those offices.
2162     Section 41.  Subsection (1) of section 101.6921, Florida
2163Statutes, is amended to read:
2164     101.6921  Delivery of special absentee ballot to certain
2165first-time voters.--
2166     (1)  The provisions of this section apply to voters who are
2167subject to the provisions of s. 97.0535 registered to vote by
2168mail, who have not previously voted in the county, and who have
2169not provided the identification or certification required by s.
217097.0535 by the time the absentee ballot is mailed.
2171     Section 42.  Section 101.6923, Florida Statutes, is amended
2172to read:
2173     101.6923  Special absentee ballot instructions for certain
2174first-time voters.--
2175     (1)  The provisions of this section apply to voters who are
2176subject to the provisions of s. 97.0535 registered to vote by
2177mail, who have not previously voted in the county, and who have
2178not provided the identification or information required by s.
217997.0535 by the time the absentee ballot is mailed.
2180     (2)  A voter covered by this section shall be provided with
2181the following printed instructions with his or her absentee
2182ballot in substantially the following form:
2187     1.  In order to ensure that your absentee ballot will be
2188counted, it should be completed and returned as soon as possible
2189so that it can reach the supervisor of elections of the county
2190in which your precinct is located no later than 7 p.m. on the
2191date of the election.
2192     2.  Mark your ballot in secret as instructed on the ballot.
2193You must mark your own ballot unless you are unable to do so
2194because of blindness, disability, or inability to read or write.
2195     3.  Mark only the number of candidates or issue choices for
2196a race as indicated on the ballot. If you are allowed to "Vote
2197for One" candidate and you vote for more than one, your vote in
2198that race will not be counted.
2199     4.  Place your marked ballot in the enclosed secrecy
2200envelope and seal the envelope.
2201     5.  Insert the secrecy envelope into the enclosed envelope
2202bearing the Voter's Certificate. Seal the envelope and
2203completely fill out the Voter's Certificate on the back of the
2205     a.  You must sign your name on the line above (Voter's
2207     b.  If you are an overseas voter, you must include the date
2208you signed the Voter's Certificate on the line above (Date) or
2209your ballot may not be counted.
2210     6.  Unless you meet one of the exemptions in Item 7., you
2211must make a copy of one of the following forms of
2213     a.  Identification which must include your name and
2214photograph: current and valid Florida driver's license; Florida
2215identification card issued by the Department of Highway Safety
2216and Motor Vehicles; United States passport; employee badge or
2217identification; buyer's club identification card; debit or
2218credit card; military identification; student identification;
2219retirement center identification; neighborhood association
2220identification; entertainment identification; or public
2221assistance identification; or
2222     b.  Identification which shows your name and current
2223residence address: current utility bill, bank statement,
2224government check, paycheck, or government document (excluding
2225voter identification card).
2226     7.  The identification requirements of Item 6. do not apply
2227if 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
2231who, by reason of such active duty, will be absent from the
2232county on election day.
2233     d.  You are a member of the Merchant Marine who, by reason
2234of service in the Merchant Marine, will be absent from the
2235county on election day.
2236     e.  You are the spouse or dependent of a member referred to
2237in paragraph c. or paragraph d. who, by reason of the active
2238duty or service of the member, will be absent from the county on
2239election day.
2240     f.  You are currently residing outside the United States.
2241     8.  Place the envelope bearing the Voter's Certificate into
2242the mailing envelope addressed to the supervisor. Insert a copy
2243of your identification in the mailing envelope. DO NOT PUT YOUR
2247     9.  Mail, deliver, or have delivered the completed mailing
2248envelope. Be sure there is sufficient postage if mailed.
2249     10.  FELONY NOTICE. It is a felony under Florida law to
2250accept any gift, payment, or gratuity in exchange for your vote
2251for a candidate. It is also a felony under Florida law to vote
2252in an election using a false identity or false address, or under
2253any other circumstances making your ballot false or fraudulent.
2254     Section 43.  Subsection (3) of section 102.012, Florida
2255Statutes, is amended to read:
2256     102.012  Inspectors and clerks to conduct elections.--
2257     (3)  The supervisor shall furnish inspectors of election
2258for each precinct with the list of registered electors for that
2259precinct registration books divided alphabetically as will best
2260facilitate the holding of an election. The supervisor shall also
2261furnish to the inspectors of election at the polling place at
2262each precinct in the supervisor's county a sufficient number of
2263forms and blanks for use on election day.
2264     Section 44.  Subsections (1), (2), and (3) of section
2265104.013, Florida Statutes, are amended to read:
2266     104.013  Unauthorized use, possession, or destruction of
2267voter information registration identification card.--
2268     (1)  It is unlawful for any person knowingly to have in his
2269or her possession any blank, forged, stolen, fictitious,
2270counterfeit, or unlawfully issued voter information registration
2271identification card unless possession by such person has been
2272duly authorized by the supervisor.
2273     (2)  It is unlawful for any person to barter, trade, sell,
2274or give away a voter information registration identification
2275card unless said person has been duly authorized to issue a
2276voter information registration identification card.
2277     (3)  It is unlawful for any person willfully to destroy or
2278deface the information registration identification card of a
2279duly registered voter.
2280     Section 45.  Effective upon becoming a law, subsection (7)
2281is added to section 106.0705, Florida Statutes, to read:
2282     106.0705  Electronic filing of campaign treasurer's
2284     (7)  Notwithstanding anything in law to the contrary, any
2285report required to have been filed under this section for the
2286period ended March 31, 2005, shall be deemed to have been timely
2287filed if the report is filed under this section on or before
2288June 1, 2005.
2289     Section 46.  Subsection (2) of section 106.08, Florida
2290Statutes, is amended to read:
2291     106.08  Contributions; limitations on.--
2292     (2)(a)  A candidate may not accept contributions from
2293national, state, including any subordinate committee of a
2294national, state, or county committee of a political party, and
2295county executive committees of a political party, which
2296contributions in the aggregate exceed $50,000, no more than
2297$25,000 of which may be accepted prior to the 28-day period
2298immediately preceding the date of the general election.
2299     (b)  A candidate for statewide office may not accept
2300contributions from national, state, or county executive
2301committees of a political party, including any subordinate
2302committee of a national, state, or county committee of a
2303political party, which contributions in the aggregate exceed
2304$250,000, no more than $125,000 of which may be accepted prior
2305to the 28-day period immediately preceding the date of the
2306general election. Polling services, research services, costs for
2307campaign staff, professional consulting services, and telephone
2308calls are not contributions to be counted toward the
2309contribution limits of paragraph (a) or paragraph (b).  Any item
2310not expressly identified in this paragraph as nonallocable is a
2311contribution in an amount equal to the fair market value of the
2312item and must be counted as allocable toward the $50,000
2313contribution limits of paragraph (a) or paragraph (b).
2314Nonallocable, in-kind contributions must be reported by the
2315candidate under s. 106.07 and by the political party under s.
2317     Section 47.  Subsection (3) of section 106.33, Florida
2318Statutes, is amended to read:
2319     106.33  Election campaign financing; eligibility.--Each
2320candidate for the office of Governor or member of the Cabinet
2321who desires to receive contributions from the Election Campaign
2322Financing Trust Fund shall, upon qualifying for office, file a
2323request for such contributions with the filing officer on forms
2324provided by the Division of Elections.  If a candidate
2325requesting contributions from the fund desires to have such
2326funds distributed by electronic fund transfers, the request
2327shall include information necessary to implement that procedure.
2328For the purposes of ss. 106.30-106.36, candidates for Governor
2329and Lieutenant Governor on the same ticket shall be considered
2330as a single candidate.  To be eligible to receive contributions
2331from the fund, a candidate may not be an unopposed candidate as
2332defined in s. 106.011(15) and must:
2333     (3)  Limit loans or contributions from the candidate's
2334personal funds to $25,000 and contributions from national,
2335state, and county executive committees of a political party to
2336$250,000 $25,000 in the aggregate, which loans or contributions
2337shall not qualify for meeting the threshold amounts in
2338subsection (2).
2339     Section 48.  Section 106.34, Florida Statutes, is amended
2340to read:
2341     106.34  Expenditure limits.--
2342     (1)  Any candidate for Governor and Lieutenant Governor or
2343Cabinet officer who requests contributions from the Election
2344Campaign Financing Trust Fund shall limit his or her total
2345expenditures as follows:
2346     (a)  Governor and Lieutenant Governor: $2.00 for each
2347Florida-registered voter $5 million.
2348     (b)  Cabinet officer: $1.00 for each Florida-registered
2349voter $2 million.
2350     (2)  The expenditure limit for any candidate with primary
2351election opposition only shall be 60 percent of the limit
2352provided in subsection (1).
2353     (3)  For purposes of this section, "Florida-registered
2354voter" means a voter who is registered to vote in Florida as of
2355June 30 of each odd-numbered year.  The Division of Elections
2356shall certify the total number of Florida-registered voters no
2357later than July 31 of each odd-numbered year. Such total number
2358shall be calculated by adding the number of registered voters in
2359each county as of June 30 in the year of the certification date.
2360For the 2006 general election, the Division of Elections shall
2361certify the total number of Florida-registered voters by July
236231, 2005. The expenditure limit shall be adjusted by the
2363Secretary of State quadrennially to reflect the rate of
2364inflation or deflation as indicated in the Consumer Price Index
2365for All Urban Consumers, U.S. City Average, All Items, 1967=100,
2366or successor reports as reported by the United States Department
2367of 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
2370legal and accounting services rendered on behalf of a candidate.
2371     Section 49.  Section 196.141, Florida Statutes, is amended
2372to read:
2373     196.141  Homestead exemptions; duty of property appraiser.-
2375     (1)  The property appraiser shall examine each claim for
2376exemption filed with or referred to him or her and shall allow
2377the same, if found to be in accordance with law, by marking the
2378same approved and by making the proper deductions on the tax
2380     (2)  The property appraiser shall examine each referral, of
2381a person registering to vote at an address different from the
2382one where the person has filed for a homestead exemption, which
2383has been provided by a supervisor of elections pursuant to s.
238498.015. The property appraiser shall initiate procedures to
2385terminate a person's homestead exemption and assess back taxes,
2386if appropriate, if the person claiming such exemption is not
2387entitled to the exemption under law.
2388     Section 50.  Subsection (4) of section 120.54, Florida
2389Statutes, is amended to read:
2390     120.54  Rulemaking.--
2391     (4)  EMERGENCY RULES.--
2392     (a)  If an agency finds that an immediate danger to the
2393public health, safety, or welfare requires emergency action, the
2394agency may adopt any rule necessitated by the immediate danger.
2395The agency may adopt a rule by any procedure which is fair under
2396the circumstances if:
2397     1.  The procedure provides at least the procedural
2398protection given by other statutes, the State Constitution, or
2399the United States Constitution.
2400     2.  The agency takes only that action necessary to protect
2401the public interest under the emergency procedure.
2402     3.  The agency publishes in writing at the time of, or
2403prior to, its action the specific facts and reasons for finding
2404an immediate danger to the public health, safety, or welfare and
2405its reasons for concluding that the procedure used is fair under
2406the circumstances. In any event, notice of emergency rules,
2407other than those of educational units or units of government
2408with jurisdiction in only one or a part of one county, including
2409the full text of the rules, shall be published in the first
2410available issue of the Florida Administrative Weekly and
2411provided to the committee. The agency's findings of immediate
2412danger, necessity, and procedural fairness shall be judicially
2414     (b)  Rules pertaining to the public health, safety, or
2415welfare shall include rules pertaining to perishable
2416agricultural commodities or rules pertaining to the
2417interpretation and implementation of the requirements of
2418chapters 97 through 102 and 105 of the Election Code.
2419     (c)  An emergency rule adopted under this subsection shall
2420not be effective for a period longer than 90 days and shall not
2421be renewable, except during the pendency of a challenge to
2422proposed rules addressing the subject of the emergency rule.
2423However, the agency may take identical action by the rulemaking
2424procedures specified in this chapter.
2425     (d)  Subject to applicable constitutional and statutory
2426provisions, an emergency rule becomes effective immediately on
2427filing, or on a date less than 20 days thereafter if specified
2428in the rule, if the adopting agency finds that such effective
2429date is necessary because of immediate danger to the public
2430health, safety, or welfare.
2431     Section 51.  Subsection (1) of section 99.061, Florida
2432Statutes, is amended to read:
2433     99.061  Method of qualifying for nomination or election to
2434federal, state, county, or district office.--
2435     (1)  The provisions of any special act to the contrary
2436notwithstanding, each person seeking to qualify for nomination
2437or election to a federal, state, or multicounty district office,
2438other than election to a judicial office as defined in chapter
2439105 or the office of school board member, shall file his or her
2440qualification papers with, and pay the qualifying fee, which
2441shall consist of the filing fee and election assessment, and
2442party assessment, if any has been levied, to, the Department of
2443State, or qualify by the alternative method with the Department
2444of State, at any time after noon of the 1st day for qualifying,
2445which shall be as follows:  the 120th day prior to the first
2446primary, but not later than noon of the 116th day prior to the
2447date of the first primary, for persons seeking to qualify for
2448nomination or election to federal office or the office of the
2449state attorney or public defender; and noon of the 50th day
2450prior to the first primary, but not later than noon of the 46th
2451day prior to the date of the first primary, for persons seeking
2452to qualify for nomination or election to a state or multicounty
2453district office, other than the office of state attorney or
2454public defender.
2455     Section 52.  Subsection (4) of section 322.142, Florida
2456Statutes, is amended to read:
2457     322.142  Color photographic or digital imaged licenses.--
2458     (4)  The department may maintain a film negative or print
2459file. The department shall maintain a record of the digital
2460image and signature of the licensees, together with other data
2461required by the department for identification and retrieval.
2462Reproductions from the file or digital record shall be made and
2463issued only for departmental administrative purposes; for the
2464issuance of duplicate licenses; in response to law enforcement
2465agency requests; to the Department of State pursuant to an
2466interagency agreement to facilitate determinations of
2467eligibility of voter registration applicants and registered
2468voters in accordance with ss. 98.045 and 98.075; to the
2469Department of Revenue pursuant to an interagency agreement to
2470facilitate service of process in Title IV-D cases; or to the
2471Department of Financial Services pursuant to an interagency
2472agreement to facilitate the location of owners of unclaimed
2473property, the validation of unclaimed property claims, and the
2474identification of fraudulent or false claims, and are exempt
2475from the provisions of s. 119.07(1).
2476     Section 53.  Absentee ballots and voting; violations.--Any
2477person who provides or offers to provide, and any person who
2478accepts, a pecuniary or other benefit in exchange for
2479distributing, ordering, requesting, collecting, delivering, or
2480otherwise physically possessing absentee ballots, with intent to
2481alter, change, modify, or erase any vote on the absentee ballot,
2482except as provided in sections 101.6105-101.695, Florida
2483Statutes, commits a felony of the third degree, punishable as
2484provided in section 775.082, section 775.083, or section
2485775.084, Florida Statutes.
2486     Section 54.  Subsection (1) of section 104.047, Florida
2487Statutes, is repealed.
2488     Section 55.  Sections 98.055, 98.095, 98.0977, 98.0979,
248998.101, 98.181, 98.231, 98.451, 98.481, and 101.635, Florida
2490Statutes, are repealed.
2491     Section 56.  Except as otherwise expressly provided in this
2492act and except for this section, which shall take effect upon
2493becoming a law, this act shall take effect January 1, 2006.

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