Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for HB 491
       
       
       
       
       
       
                                Ì557896jÎ557896                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/WD/2R         .                                
             03/13/2020 03:29 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective upon becoming a law, paragraph (t) of
    6  subsection (2) of section 97.052, Florida Statutes, is amended
    7  to read:
    8         97.052 Uniform statewide voter registration application.—
    9         (2) The uniform statewide voter registration application
   10  must be designed to elicit the following information from the
   11  applicant:
   12         (t)1. Whether the applicant has never been convicted of a
   13  felony, and if convicted, has had his or her voting rights
   14  restored by including the statement “I affirm I have never been
   15  convicted of a felony or, if I have been, my rights relating to
   16  voting have been restored.” and providing a box for the
   17  applicant to check to affirm the statement.
   18         2. Whether the applicant has been convicted of a felony,
   19  and if convicted, has had his or her civil rights restored
   20  through executive clemency, by including the statement “If I
   21  have been convicted of a felony, I affirm my voting rights have
   22  been restored by the Board of Executive Clemency.” and providing
   23  a box for the applicant to check to affirm the statement.
   24         3. Whether the applicant has been convicted of a felony
   25  and, if convicted, has had his or her voting rights restored
   26  pursuant s. 4, Art. VI of the State Constitution, by including
   27  the statement “If I have been convicted of a felony, I affirm my
   28  voting rights have been restored pursuant to s. 4, Art. VI of
   29  the State Constitution upon the completion of all terms of my
   30  sentence, including parole or probation.” and providing a box
   31  for the applicant to check to affirm the statement.
   32         Section 2. Effective upon becoming a law, paragraph (a) of
   33  subsection (5) of section 97.053, Florida Statutes, is amended
   34  to read:
   35         97.053 Acceptance of voter registration applications.—
   36         (5)(a) A voter registration application is complete if it
   37  contains the following information necessary to establish the
   38  applicant’s eligibility pursuant to s. 97.041, including:
   39         1. The applicant’s name.
   40         2. The applicant’s address of legal residence, including a
   41  distinguishing apartment, suite, lot, room, or dormitory room
   42  number or other identifier, if appropriate. Failure to include a
   43  distinguishing apartment, suite, lot, room, or dormitory room or
   44  other identifier on a voter registration application does not
   45  impact a voter’s eligibility to register to vote or cast a
   46  ballot, and such an omission may not serve as the basis for a
   47  challenge to a voter’s eligibility or reason to not count a
   48  ballot.
   49         3. The applicant’s date of birth.
   50         4. A mark in the checkbox affirming that the applicant is a
   51  citizen of the United States.
   52         5.a. The applicant’s current and valid Florida driver
   53  license number or the identification number from a Florida
   54  identification card issued under s. 322.051, or
   55         b. If the applicant has not been issued a current and valid
   56  Florida driver license or a Florida identification card, the
   57  last four digits of the applicant’s social security number.
   58  
   59  In case an applicant has not been issued a current and valid
   60  Florida driver license, Florida identification card, or social
   61  security number, the applicant shall affirm this fact in the
   62  manner prescribed in the uniform statewide voter registration
   63  application.
   64         6. A mark in the applicable checkbox affirming that the
   65  applicant has not been convicted of a felony or that, if
   66  convicted, has had his or her civil rights restored through
   67  executive clemency, or has had his or her voting rights restored
   68  pursuant to s. 4, Art. VI of the State Constitution.
   69         7. A mark in the checkbox affirming that the applicant has
   70  not been adjudicated mentally incapacitated with respect to
   71  voting or that, if so adjudicated, has had his or her right to
   72  vote restored.
   73         8. The original signature or a digital signature
   74  transmitted by the Department of Highway Safety and Motor
   75  Vehicles of the applicant swearing or affirming under the
   76  penalty for false swearing pursuant to s. 104.011 that the
   77  information contained in the registration application is true
   78  and subscribing to the oath required by s. 3, Art. VI of the
   79  State Constitution and s. 97.051.
   80         Section 3. Effective upon becoming a law, paragraphs (d),
   81  (e), and (f) of subsection (1) of section 97.0585, Florida
   82  Statutes, are amended to read:
   83         97.0585 Public records exemption; information regarding
   84  voters and voter registration; confidentiality.—
   85         (1) The following information held by an agency, as defined
   86  in s. 119.011, and obtained for the purpose of voter
   87  registration is confidential and exempt from s. 119.07(1) and s.
   88  24(a), Art. I of the State Constitution and may be used only for
   89  purposes of voter registration:
   90         (d) Information related to a voter registration applicant’s
   91  or voter’s prior felony conviction and whether such person has
   92  had his or her voting rights restored by the Board of Executive
   93  Clemency or pursuant to s. 4, Art. VI of the State Constitution.
   94         (e) All information concerning preregistered voter
   95  registration applicants who are 16 or 17 years of age.
   96         (e)(f)Paragraph (d) is Paragraphs (d) and (e) are subject
   97  to the Open Government Sunset Review Act in accordance with s.
   98  119.15 and shall stand repealed on October 2, 2024, unless
   99  reviewed and saved from repeal through reenactment by the
  100  Legislature.
  101         Section 4. Paragraph (a) of subsection (4) of section
  102  106.141, Florida Statutes, is amended to read:
  103         106.141 Disposition of surplus funds by candidates.—
  104         (4)(a) Except as provided in paragraph (b), any candidate
  105  required to dispose of funds pursuant to this section shall, at
  106  the option of the candidate, dispose of such funds by any of the
  107  following means, or any combination thereof:
  108         1. Return pro rata to each contributor the funds that have
  109  not been spent or obligated.
  110         2. Donate the funds that have not been spent or obligated
  111  to a charitable organization or organizations that meet the
  112  qualifications of s. 501(c)(3) of the Internal Revenue Code,
  113  except that the candidate may not be employed by the charitable
  114  organization to which he or she donates the funds.
  115         3. Give not more than $25,000 of the funds that have not
  116  been spent or obligated to the affiliated party committee or
  117  political party of which such candidate is a member.
  118         4. Give the funds that have not been spent or obligated:
  119         a. In the case of a candidate for state office, To the
  120  state, to be deposited in either the Election Campaign Financing
  121  Trust Fund or the General Revenue Fund, as designated by the
  122  candidate; or
  123         b. In the case of a candidate for an office of a political
  124  subdivision, To a such political subdivision, to be deposited in
  125  the general fund thereof.
  126         Section 5. Except as otherwise expressly provided in this
  127  act and except for this section, which shall take effect upon
  128  becoming a law, this act shall take effect July 1, 2020.
  129  
  130  ================= T I T L E  A M E N D M E N T ================
  131  And the title is amended as follows:
  132         Delete everything before the enacting clause
  133  and insert:
  134                        A bill to be entitled                      
  135         An act relating to elections; amending ss. 97.052 and
  136         97.053, F.S.; revising requirements for the uniform
  137         statewide voter registration application and the
  138         acceptance of such applications; amending s. 97.0585,
  139         F.S.; deleting an exemption from public records
  140         requirements for information related to a voter
  141         registration applicant’s or voter’s prior felony
  142         conviction and his or her restoration of voting rights
  143         to conform to changes made by the act; amending s.
  144         106.141, F.S.; prohibiting a candidate from donating
  145         surplus funds to a charitable organization that
  146         employs the candidate; providing that a candidate may
  147         give certain surplus funds to the state or a political
  148         subdivision to be disbursed in a specified manner;
  149         providing effective dates.