Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 866

427226

CHAMBER ACTION

Senate

Comm: RCS

4/16/2008

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House



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The Committee on Judiciary (Geller) recommended the following

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amendment:

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     Senate Amendment (with directory and title amendments)

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     Between lines 289 and 290,

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insert:

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     (7)  PROCEDURES FOR REMOVAL.--

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     (a)  If the supervisor receives notice or information

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pursuant to subsections (3)-(6) (4)-(6), the supervisor of the

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county in which the voter is registered shall:

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     1.  Notify the registered voter of his or her potential

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ineligibility by mail within 7 days after receipt of notice or

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information. The notice shall include:

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     a.  A statement of the basis for the registered voter's

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potential ineligibility and a copy of any documentation upon

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which the potential ineligibility is based.

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     b.  A statement that failure to respond within 30 days after

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receipt of the notice may result in a determination of

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ineligibility and in removal of the registered voter's name from

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the statewide voter registration system.

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     c.  A return form that requires the registered voter to

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admit or deny the accuracy of the information underlying the

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potential ineligibility for purposes of a final determination by

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the supervisor.

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     d.  A statement that, if the voter is denying the accuracy

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of the information underlying the potential ineligibility, the

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voter has a right to request a hearing for the purpose of

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determining eligibility.

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     e.  Instructions for the registered voter to contact the

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supervisor of elections of the county in which the voter is

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registered if assistance is needed in resolving the matter.

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     f.  Instructions for seeking restoration of civil rights

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following a felony conviction, if applicable.

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     2.  If the mailed notice is returned as undeliverable, the

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supervisor shall publish notice once in a newspaper of general

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circulation in the county in which the voter was last registered.

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The notice shall contain the following:

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     a.  The voter's name and address.

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     b.  A statement that the voter is potentially ineligible to

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be registered to vote.

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     c.  A statement that failure to respond within 30 days after

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the notice is published may result in a determination of

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ineligibility by the supervisor and removal of the registered

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voter's name from the statewide voter registration system.

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     d.  An instruction for the voter to contact the supervisor

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no later than 30 days after the date of the published notice to

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receive information regarding the basis for the potential

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ineligibility and the procedure to resolve the matter.

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     e.  An instruction to the voter that, if further assistance

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is needed, the voter should contact the supervisor of elections

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of the county in which the voter is registered.

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     3.  If a registered voter fails to respond to a notice

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pursuant to subparagraph 1. or subparagraph 2., the supervisor

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shall make a final determination of the voter's eligibility. If

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the supervisor determines that the voter is ineligible, the

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supervisor shall remove the name of the registered voter from the

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statewide voter registration system. The supervisor shall notify

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the registered voter of the supervisor's determination and

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action.

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     4.  If a registered voter responds to the notice pursuant to

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subparagraph 1. or subparagraph 2. and admits the accuracy of the

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information underlying the potential ineligibility, the

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supervisor shall make a final determination of ineligibility and

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shall remove the voter's name from the statewide voter

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registration system. The supervisor shall notify the registered

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voter of the supervisor's determination and action.

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     5.  If a registered voter responds to the notice issued

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pursuant to subparagraph 1. or subparagraph 2. and denies the

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accuracy of the information underlying the potential

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ineligibility but does not request a hearing, the supervisor

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shall review the evidence and make a final determination of

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eligibility. If such registered voter requests a hearing, the

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supervisor shall send notice to the registered voter to attend a

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hearing at a time and place specified in the notice. Upon hearing

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all evidence presented at the hearing, the supervisor shall make

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a determination of eligibility. If the supervisor determines that

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the registered voter is ineligible, the supervisor shall remove

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the voter's name from the statewide voter registration system and

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notify the registered voter of the supervisor's determination and

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action.

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====== D I R E C T O R Y  C L A U S E  A M E N D M E N T =====

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And the directory clause is amended as follows:

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     Delete lines 276-277

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and insert:

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     Section 8.  Effective July 1, 2008, subsection (3) and

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paragraph (a) of subsection (7) of section 98.075, Florida

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Statutes, are amended to read:

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 20, after the semicolon,

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insert:

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providing procedures concerning such removal;

4/16/2008  12:45:00 PM     31-07783-08

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