Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for SB 866
427226
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.