Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1355, 1st Eng.
       
       
       
       
       
       
                                Barcode 214972                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             05/03/2011 07:48 AM       .                                
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       Senator Braynon moved the following:
       
    1         Senate Amendment to Amendment (404618) (with title
    2  amendment)
    3  
    4  
    5         Delete lines 80 - 200
    6  and insert:
    7         (3) A third-party voter registration organization shall
    8  turn in each voter registration application received from its
    9  authorized registration agents regardless of whether the third
   10  party voter registration organization believes the voter
   11  registration application may be invalid or incomplete. If, when
   12  submitting a voter registration application, a third-party voter
   13  registration organization also submits information stating why
   14  the organization believes the application may be invalid or
   15  incomplete, the third-party voter registration organization
   16  shall be presumed to be in compliance with this section.
   17         (1) Prior to engaging in any voter registration activities,
   18  a third-party voter registration organization shall name a
   19  registered agent in the state and submit to the division, in a
   20  form adopted by the division, the name of the registered agent
   21  and the name of those individuals responsible for the day-to-day
   22  operation of the third-party voter registration organization,
   23  including, if applicable, the names of the entity’s board of
   24  directors, president, vice president, managing partner, or such
   25  other individuals engaged in similar duties or functions. On or
   26  before the 15th day after the end of each calendar quarter, each
   27  third-party voter registration organization shall submit to the
   28  division a report providing the date and location of any
   29  organized voter registration drives conducted by the
   30  organization in the prior calendar quarter.
   31         (2) The failure to submit the information required by
   32  subsection (1) does not subject the third-party voter
   33  registration organization to any civil or criminal penalties for
   34  such failure, and the failure to submit such information is not
   35  a basis for denying such third-party voter registration
   36  organization with copies of voter registration application
   37  forms.
   38         (4)(a)(3) A third-party voter registration organization
   39  that collects voter registration applications serves as a
   40  fiduciary to the applicant, ensuring that any voter registration
   41  application entrusted to the third-party voter registration
   42  organization, irrespective of party affiliation, race,
   43  ethnicity, or gender, shall be promptly delivered to the
   44  division or the supervisor of elections within 10 calendar days
   45  after the applicant completes it or the next business day if the
   46  appropriate office is closed for 10 calendar days. If a voter
   47  registration application collected by any third-party voter
   48  registration organization is not promptly delivered to the
   49  division or supervisor of elections, the third-party voter
   50  registration organization is shall be liable for the following
   51  fines:
   52         1.(a) A fine in the amount of $50 for each application
   53  received by the division or the supervisor of elections more
   54  than 10 calendar days after the applicant delivered the
   55  completed voter registration application to the third-party
   56  voter registration organization or any person, entity, or agent
   57  acting on its behalf or the next business day, if the office is
   58  closed. A fine in the amount of $250 for each application
   59  received if the third-party voter registration organization or
   60  person, entity, or agency acting on its behalf acted willfully.
   61         2.(b) A fine in the amount of $100 for each application
   62  collected by a third-party voter registration organization or
   63  any person, entity, or agent acting on its behalf, before prior
   64  to book closing for any given election for federal or state
   65  office and received by the division or the supervisor of
   66  elections after the book-closing book closing deadline for such
   67  election. A fine in the amount of $500 for each application
   68  received if the third-party registration organization or person,
   69  entity, or agency acting on its behalf acted willfully.
   70         3.(c) A fine in the amount of $500 for each application
   71  collected by a third-party voter registration organization or
   72  any person, entity, or agent acting on its behalf, which is not
   73  submitted to the division or supervisor of elections. A fine in
   74  the amount of $1,000 for any application not submitted if the
   75  third-party voter registration organization or person, entity,
   76  or agency acting on its behalf acted willfully.
   77  
   78  The aggregate fine pursuant to this paragraph subsection which
   79  may be assessed against a third-party voter registration
   80  organization, including affiliate organizations, for violations
   81  committed in a calendar year is shall be $1,000.
   82         (b) A showing by the fines provided in this subsection
   83  shall be reduced by three-fourths in cases in which the third
   84  party voter registration organization that the failure to
   85  deliver the voter registration application within the required
   86  timeframe is based upon force majeure or impossibility of
   87  performance shall be an affirmative defense to a violation of
   88  this subsection has complied with subsection (1). The secretary
   89  may shall waive the fines described in this subsection upon a
   90  showing that the failure to deliver the voter registration
   91  application promptly is based upon force majeure or
   92  impossibility of performance.
   93         (5) If the Secretary of State reasonably believes that a
   94  person has committed a violation of this section, the secretary
   95  may refer the matter to the Attorney General for enforcement.
   96  The Attorney General may institute a civil action for a
   97  violation of this section or to prevent a violation of this
   98  section. An action for relief may include a permanent or
   99  temporary injunction, a restraining order, or any other
  100  appropriate order.
  101         (6)(4)(a) The division shall adopt by rule a form to elicit
  102  specific information concerning the facts and circumstances from
  103  a person who claims to have been registered to vote by a third
  104  party voter registration organization but who does not appear as
  105  an active voter on the voter registration rolls. The division
  106  shall also adopt rules to ensure the integrity of the
  107  registration process, including rules requiring third-party
  108  voter registration organizations to account for all state and
  109  federal registration forms used by their registration agents.
  110         (b) The division may investigate any violation of this
  111  section. Civil fines shall be assessed by the division and
  112  enforced through any appropriate legal proceedings.
  113         (7)(5) The date on which an applicant signs a voter
  114  registration application is presumed to be the date on which the
  115  third-party voter registration organization received or
  116  collected the voter registration application.
  117         (8)(6) The civil fines provided in this section are in
  118  addition to any applicable criminal penalties.
  119         (9)(7) Fines collected pursuant to this section shall be
  120  annually appropriated by the Legislature to the department for
  121  enforcement of this section and for voter education.
  122         (10)(8) The division may adopt rules to administer this
  123  section.
  124  
  125  ================= T I T L E  A M E N D M E N T ================
  126         And the title is amended as follows:
  127         Delete lines 3944 - 3962
  128  and insert:
  129         and made public daily at a specified time; requiring
  130         submission of all voter registration applications
  131         received by a third-party voter registration
  132         organization; providing circumstances under which a
  133         third-party voter registration organization shall be
  134         deemed to be in compliance with the law when
  135         submitting voter registration applications; amending
  136         s. 97.071, F.S.; requiring