Florida Senate - 2021                                     SB 774
       By Senator Gainer
       2-00508A-21                                            2021774__
    1                        A bill to be entitled                      
    2         An act relating to super voting sites; creating s.
    3         101.0011, F.S.; authorizing the designation and
    4         establishment of super voting sites by supervisors of
    5         elections, subject to approval of the Division of
    6         Elections; specifying application of other provisions
    7         of the Florida Election Code to the administration of
    8         super voting sites; requiring the supervisor of
    9         elections to track ballots cast at such sites
   10         according to the voter’s precinct; requiring super
   11         voting sites to meet certain criteria; requiring the
   12         supervisor to designate super voting sites by a
   13         specified date before an election; requiring the
   14         supervisor to provide a super voting site plan to the
   15         division by a specified date; requiring the division
   16         to approve or deny the proposed plan within a
   17         specified timeframe; specifying the timeframe and
   18         hours of operation for super voting sites; requiring
   19         super voting sites to allow a person in line at the
   20         time of closing to vote; authorizing municipalities
   21         and special districts to provide voting at super
   22         voting sites in certain elections; requiring the
   23         supervisor to make certain voter data available;
   24         requiring the supervisor to provide such data in a
   25         specified manner to the division; specifying that a
   26         vote cast at a super voting site must be counted even
   27         if an elector dies on or before election day;
   28         requiring an elector voting at a super voting site to
   29         provide identification and complete a voter
   30         certificate; prescribing the form of the certificate;
   31         specifying applicability of provisions governing voter
   32         challenges and the canvass of returns; amending ss.
   33         97.021, 98.0981, 100.032, 101.001, and 101.015, F.S.;
   34         conforming provisions to changes made by the act;
   35         amending s. 101.051, F.S.; expanding the no
   36         solicitation zone surrounding the entrance to voting
   37         sites; conforming provisions to changes made by the
   38         act; amending ss. 101.131, 101.151, 101.49, 101.5612,
   39         101.591, 101.657, 101.69, 101.71, 102.031, and
   40         102.141, F.S.; conforming provisions to changes made
   41         by the act; making technical changes; providing an
   42         effective date.
   44  Be It Enacted by the Legislature of the State of Florida:
   46         Section 1. Section 101.0011, Florida Statutes, is created
   47  to read:
   48         101.0011 Super voting sites.—
   49         (1)(a)Upon approval by the division, the supervisor may
   50  designate and establish one or more super voting sites in the
   51  county at which site any voter registered in the county may
   52  vote. Any super voting site established in accordance with this
   53  section is otherwise considered a polling place subject to s.
   54  101.71, except that a super voting site may be independent of
   55  and dissociated from any precinct created by the county. If a
   56  supervisor elects to designate and create one or more super
   57  voting sites pursuant to this section, the supervisor is not
   58  required to provide early voting in accordance with s. 101.657,
   59  and any determinations, processes, or procedures adopted or
   60  employed by the supervisor for the administration of early
   61  voting are superseded by the requirements of this section. Any
   62  requirements and authorizations in s. 101.001 which do not
   63  conflict with this section shall otherwise continue to apply to
   64  a county that elects to establish super voting sites.
   65         (b) The supervisor shall mark, code, indicate on, or
   66  otherwise track the voter’s precinct for each ballot cast at a
   67  super voting site. The results or tabulation of votes cast at a
   68  super voting site may not be made before the close of the polls
   69  on election day.
   70         (c) In order to be designated and established as a super
   71  voting site, the site must be geographically located so as to
   72  provide all voters in the county an equal opportunity to cast a
   73  ballot, insofar as is practicable, and must provide sufficient
   74  nonpermitted parking to accommodate the anticipated number of
   75  voters. The geographic location of super voting sites must be
   76  based upon demographics and the distribution of registered
   77  voters within the county. In addition, the supervisor may
   78  designate additional super voting sites, to operate on the day
   79  before the election and election day, as needed to ensure equal
   80  and balanced geographic access for voters in other areas of the
   81  county. The hours of operation for any additional super voting
   82  sites must be consistent with all other super voting sites
   83  within the county.
   84         (d) Super voting sites must be designated and established
   85  by no later than the 30th day before an election. The supervisor
   86  shall provide to the division no later than the 30th day before
   87  an election the supervisor’s plan for use of super voting sites,
   88  which must include the address or addresses of the super voting
   89  site or sites and the hours that voting will occur at each site.
   90  The division must determine whether the supervisor’s plan
   91  complies with the requirements of this subsection and approve or
   92  deny the plan within 5 business days after its receipt of the
   93  plan, as submitted by the supervisor.
   94         (e) Voting at super voting sites shall begin on the 10th
   95  day before an election that contains state or federal races and
   96  end on election day. Each super voting site must be open for at
   97  least 8 hours, but no more than 12 hours, per day during the
   98  applicable period, except the site must be open for 12 hours on
   99  election day. In addition, voting at super voting sites may be
  100  offered at the discretion of the supervisor on the 15th, 14th,
  101  13th, 12th, or 11th day before an election that contains state
  102  or federal races for at least 8 hours per day, but no more than
  103  12 hours per day. The supervisor may provide voting at super
  104  voting sites for elections that are not held in conjunction with
  105  a state or federal election. However, the supervisor has the
  106  discretion to determine the hours of operation of super voting
  107  sites in those elections. All super voting sites in a county
  108  shall allow any person in line at the closing of a super voting
  109  site to vote.
  110         (f) Notwithstanding the requirements of s. 100.3605,
  111  municipalities may provide voting at super voting sites in
  112  municipal elections that are not held in conjunction with county
  113  or state elections. If a municipality provides voting at super
  114  voting sites, it may designate as many sites as necessary and
  115  must conduct its activities in accordance with the provisions of
  116  paragraphs (a)-(e).
  117         (g) Notwithstanding the requirements of s. 189.04, special
  118  districts may provide voting at super voting sites in any
  119  district election not held in conjunction with county or state
  120  elections. If a special district provides voting at super voting
  121  sites, it may designate as many sites as necessary and shall
  122  conduct its activities in accordance with the provisions of
  123  paragraphs (a)-(e).
  124         (2) During the time period in which a county operates a
  125  super voting site, each supervisor shall make available the
  126  total number of voters casting a ballot at each super voting
  127  site during the previous day. Each supervisor shall prepare an
  128  electronic data file listing the individual voters who cast a
  129  ballot at each super voting site during the voting period before
  130  election day. This information must be provided in electronic
  131  format as provided by rule adopted by the division. The
  132  information must be updated and made available no later than
  133  noon of each day and contemporaneously provided to the division.
  134         (3) The ballot of each elector voting at a super voting
  135  site must be counted even if the elector dies on or before
  136  election day.
  137         (4)(a) The elector must provide identification and must
  138  complete a voter certificate in substantially the following
  139  form:
  141                          VOTER CERTIFICATE                        
  143  I, ...., am a qualified elector in this election and registered
  144  voter of .... County, Florida. I do solemnly swear or affirm
  145  that I am the person so listed on the voter registration rolls
  146  of .... County and that I reside at the listed address. I
  147  understand that if I commit or attempt to commit fraud in
  148  connection with voting, vote a fraudulent ballot, or vote more
  149  than once in an election, I could be convicted of a felony of
  150  the third degree and both fined up to $5,000 and imprisoned for
  151  up to 5 years. I understand that my failure to sign this
  152  certificate invalidates my ballot.
  154  ...(Voter’s Signature)...
  155  ...(Address)...
  156  ...(City/State)...
  158         (b) Any elector may challenge an elector seeking to vote at
  159  a super voting site under the provisions of s. 101.111. Any
  160  challenged voter must vote a provisional ballot. The canvassing
  161  board shall review the ballot and decide the validity of the
  162  ballot by majority vote.
  163         (c) The canvassing of returns for ballots cast under this
  164  subsection shall be substantially the same as for votes cast by
  165  electors in precincts, as provided in s. 101.5614.
  166         Section 2. Subsection (30) of section 97.021, Florida
  167  Statutes, is amended to read:
  168         97.021 Definitions.—For the purposes of this code, except
  169  where the context clearly indicates otherwise, the term:
  170         (30) “Polling room” means the actual room in which ballots
  171  are cast on election day and during early voting or the period
  172  in which super voting sites are open.
  173         Section 3. Paragraphs (b) and (d) of subsection (1) and
  174  paragraph (a) of subsection (2) of section 98.0981, Florida
  175  Statutes, are amended to read:
  176         98.0981 Reports; voting history; statewide voter
  177  registration system information; precinct-level election
  178  results; book closing statistics.—
  181         (b) After receipt of the information in paragraph (a), the
  182  department shall prepare a report in electronic format which
  183  contains the following information, separately compiled for the
  184  primary and general election for all voters qualified to vote in
  185  either election:
  186         1. The unique identifier assigned to each qualified voter
  187  within the statewide voter registration system;
  188         2. All information provided by each qualified voter on his
  189  or her voter registration application pursuant to s. 97.052(2),
  190  except that which is confidential or exempt from public records
  191  requirements;
  192         3. Each qualified voter’s date of registration;
  193         4. Each qualified voter’s current state representative
  194  district, state senatorial district, and congressional district,
  195  assigned by the supervisor of elections;
  196         5. Each qualified voter’s current precinct; and
  197         6. Voting history as transmitted under paragraph (a) to
  198  include whether the qualified voter voted at a precinct
  199  location, voted at a super voting site, voted during the early
  200  voting period, voted by vote-by-mail ballot, attempted to vote
  201  by vote-by-mail ballot that was not counted, attempted to vote
  202  by provisional ballot that was not counted, or did not vote.
  203         (d) File specifications are as follows:
  204         1. The file must shall contain records designated by the
  205  categories below for all qualified voters who, regardless of the
  206  voter’s county of residence or active or inactive registration
  207  status at the book closing for the corresponding election that
  208  the file is being created for:
  209         a. Voted a regular ballot at a precinct location.
  210         b. Voted at a precinct location using a provisional ballot
  211  that was subsequently counted.
  212         c. Voted a regular ballot at a super voting site.
  213         d. Voted at a super voting site using a provisional ballot
  214  that was subsequently counted.
  215         e. Voted a regular ballot during the early voting period.
  216         f.d. Voted during the early voting period using a
  217  provisional ballot that was subsequently counted.
  218         g.e. Voted by vote-by-mail ballot.
  219         h.f. Attempted to vote by vote-by-mail ballot, but the
  220  ballot was not counted.
  221         i.g. Attempted to vote by provisional ballot, but the
  222  ballot was not counted in that election.
  223         2. Each file must shall be created or converted into a tab
  224  delimited format.
  225         3. File names must shall adhere to the following
  226  convention:
  227         a. Three-character county identifier as established by the
  228  department followed by an underscore.
  229         b. Followed by four-character file type identifier of
  230  “VHO3” followed by an underscore.
  231         c. Followed by FVRS election ID followed by an underscore.
  232         d. Followed by Date Created followed by an underscore.
  233         e. Date format is YYYYMMDD.
  234         f. Followed by Time Created - HHMMSS.
  235         g. Followed by “.txt”.
  236         4. Each record must shall contain the following columns:
  237  Record Identifier, FVRS Voter ID Number, FVRS Election ID
  238  Number, Vote Date, Vote History Code, Precinct, Congressional
  239  District, House District, Senate District, County Commission
  240  District, and School Board District.
  242         (a) Within 30 days after certification by the Elections
  243  Canvassing Commission of a presidential preference primary
  244  election, special election, primary election, or general
  245  election, the supervisors of elections shall collect and submit
  246  to the department precinct-level election results for the
  247  election in a uniform electronic format specified by paragraph
  248  (c). The precinct-level election results shall be compiled
  249  separately for the primary or special primary election that
  250  preceded the general or special general election, respectively.
  251  The results must shall specifically include for each precinct
  252  the total of all ballots cast for each candidate or nominee to
  253  fill a national, state, county, or district office or proposed
  254  constitutional amendment, with subtotals for each candidate and
  255  ballot type, unless fewer than 30 voters voted a ballot type.
  256  “All ballots cast” means ballots cast by voters who cast a
  257  ballot whether at a precinct location, at a super voting site,
  258  by vote-by-mail ballot including overseas vote-by-mail ballots,
  259  during the early voting period, during the super voting site
  260  period, if applicable, or by provisional ballot.
  261         Section 4. Section 100.032, Florida Statutes, is amended to
  262  read:
  263         100.032 Election preparation report; general election.—Each
  264  supervisor of elections must post a report on his or her
  265  official website at least 3 months before a general election
  266  which outlines preparations for the upcoming general election.
  267  The report must include, at a minimum, the following elements:
  268  the anticipated staffing levels during the early voting period
  269  or the period during which super voting sites are operating, on
  270  election day, and after election day; and the anticipated amount
  271  of automatic tabulating equipment at each early voting site,
  272  super voting site, and polling place.
  273         Section 5. Subsection (1) of section 101.001, Florida
  274  Statutes, is amended to read:
  275         101.001 Precincts and polling places; boundaries.—
  276         (1) The board of county commissioners in each county, upon
  277  recommendation and approval of the supervisor, shall alter or
  278  create precincts for voting in the county. Each precinct shall
  279  be numbered and, as nearly as practicable, composed of
  280  contiguous and compact areas. The supervisor shall designate a
  281  polling place at a suitable location within each precinct unless
  282  the county has opted to operate super voting sites in accordance
  283  with s. 101.0011. The precinct shall not be changed thereafter
  284  except with the consent of the supervisor and a majority of the
  285  members of the board of county commissioners. The board of
  286  county commissioners and the supervisor may have precinct
  287  boundaries conform to municipal boundaries in accordance with
  288  the provisions of s. 101.002, but, in any event, the
  289  registration books shall be maintained in such a manner that
  290  there may be determined therefrom the total number of electors
  291  in each municipality.
  292         Section 6. Paragraph (b) of subsection (4) of section
  293  101.015, Florida Statutes, is amended to read:
  294         101.015 Standards for voting systems.—
  295         (4)
  296         (b)1. Each supervisor shall establish written procedures to
  297  assure accuracy and security in his or her county, including
  298  procedures related to early voting pursuant to s. 101.657 or
  299  procedures related to super voting sites pursuant to s.
  300  101.0011, if applicable. Such procedures shall be reviewed in
  301  each odd-numbered year by the department.
  302         2. Each supervisor shall submit any revisions to the
  303  security procedures to the department at least 45 days before
  304  early voting commences pursuant to s. 101.657 or super voting
  305  sites open pursuant to s. 101.0011 in an election in which they
  306  are to take effect.
  307         Section 7. Subsections (2) and (5) of section 101.051,
  308  Florida Statutes, are amended to read:
  309         101.051 Electors seeking assistance in casting ballots;
  310  oath to be executed; forms to be furnished.—
  311         (2) It is unlawful for any person to be in the voting booth
  312  with any elector except as provided in subsection (1). A person
  313  at a polling place, super voting site, or early voting site, or
  314  within 150 100 feet of the entrance of a polling place, super
  315  voting site, or early voting site, may not solicit any elector
  316  in an effort to provide assistance to vote pursuant to
  317  subsection (1). Any person who violates this subsection commits
  318  a misdemeanor of the first degree, punishable as provided in s.
  319  775.082 or s. 775.083.
  320         (5) If an elector needing assistance requests that a person
  321  other than an election official provide him or her with
  322  assistance in voting, the clerk or one of the inspectors shall
  323  require the person providing assistance to take the following
  324  oath:
  326                  DECLARATION TO PROVIDE ASSISTANCE                
  328  State of Florida
  329  County of ....
  330  Date ....
  331  Precinct ....
  333         I, ...(Print name)..., have been requested by ...(print
  334  name of elector needing assistance)... to provide him or her
  335  with assistance to vote. I swear or affirm that I am not the
  336  employer, an agent of the employer, or an officer or agent of
  337  the union of the voter and that I have not solicited this voter
  338  at the polling place, super voting site, or early voting site or
  339  within 150 100 feet of such locations in an effort to provide
  340  assistance.
  342  ...(Signature of assistor)...
  344  Sworn and subscribed to before me this .... day of ....,
  345  ...(year)....
  347  ...(Signature of Official Administering Oath)...
  349         Section 8. Section 101.131, Florida Statutes, is amended to
  350  read:
  351         101.131 Watchers at polls.—
  352         (1) Each political party and each candidate may have one
  353  watcher in each polling room or early voting area at any one
  354  time during the election. A political committee formed for the
  355  specific purpose of expressly advocating the passage or defeat
  356  of an issue on the ballot may have one watcher for each polling
  357  room or early voting area at any one time during the election. A
  358  No watcher may not shall be permitted to come closer to the
  359  officials’ table or the voting booths than is reasonably
  360  necessary to properly perform his or her functions, but is each
  361  shall be allowed within the polling room or early voting area to
  362  watch and observe the conduct of electors and officials. The
  363  poll watchers shall furnish their own materials and necessities
  364  and may shall not obstruct the orderly conduct of any election.
  365  The poll watchers shall pose any questions regarding polling
  366  place procedures directly to the clerk for resolution. They may
  367  not interact with voters. Each poll watcher shall be a qualified
  368  and registered elector of the county in which he or she serves.
  369         (2) Each party, each political committee, and each
  370  candidate requesting to have poll watchers shall designate, in
  371  writing to the supervisors of elections, on a form prescribed by
  372  the division, before noon of the second Tuesday preceding the
  373  election poll watchers for each polling room on election day.
  374  Designations of poll watchers for early voting areas and super
  375  voting sites must shall be submitted in writing to the
  376  supervisor of elections, on a form prescribed by the division,
  377  before noon at least 14 days before early voting begins or super
  378  voting sites open. The poll watchers for polling rooms shall be
  379  approved by the supervisor of elections on or before the Tuesday
  380  before the election. Poll watchers for early voting areas and
  381  super voting sites shall be approved by the supervisor of
  382  elections no later than 7 days before early voting begins or
  383  super voting sites open. The supervisor shall furnish to each
  384  election board a list of the poll watchers designated and
  385  approved for such polling rooms, or early voting areas, or super
  386  voting sites. Designation of poll watchers shall be made by the
  387  chair of the county executive committee of a political party,
  388  the chair of a political committee, or the candidate requesting
  389  to have poll watchers.
  390         (3) A No candidate or a sheriff, deputy sheriff, police
  391  officer, or other law enforcement officer may not be designated
  392  as a poll watcher.
  393         (4) All poll watchers shall be allowed to enter and watch
  394  polls in all polling rooms and early voting areas within the
  395  county in which they have been designated if the number of poll
  396  watchers at any particular polling place does not exceed the
  397  number provided in this section.
  398         (5) The supervisor of elections shall provide to each
  399  designated poll watcher, no later than 7 days before early
  400  voting begins, a poll watcher identification badge that
  401  identifies the poll watcher by name. Each poll watcher must wear
  402  his or her identification badge while in the polling room or
  403  early voting area.
  404         Section 9. Paragraph (b) of subsection (1) of section
  405  101.151, Florida Statutes, is amended to read:
  406         101.151 Specifications for ballots.—
  407         (1)
  408         (b) Polling places, super voting sites, and early voting
  409  sites may employ a ballot-on-demand production system to print
  410  individual marksense ballots, including provisional ballots, for
  411  eligible electors. Ballot-on-demand technology may be used to
  412  produce marksense vote-by-mail and election-day ballots.
  413         Section 10. Subsection (1) of section 101.49, Florida
  414  Statutes, is amended to read:
  415         101.49 Procedure of election officers where signatures
  416  differ.—
  417         (1) Whenever any clerk or inspector, upon a just comparison
  418  of the signatures, doubts that the signature on the
  419  identification presented by the elector is the same as the
  420  signature the elector affixed on the precinct register or the
  421  voter early voting certificate under s. 101.0011(4)(a) or s.
  422  101.657(4)(a), as applicable, the clerk or inspector shall
  423  deliver to the person an affidavit which shall be in
  424  substantially the following form:
  427  COUNTY OF ....
  429         I do solemnly swear (or affirm) that my name is ....; that
  430  I am .... years old; that I was born in the State of ....; that
  431  I am registered to vote; that I am a qualified voter of the
  432  county and state aforesaid and have not voted in this election.
  434  ...(Signature of voter)...
  436         Sworn to and subscribed before me this .... day of ...., A.
  437  D. ...(year)....
  439  ...(Clerk or inspector of election)...
  441  Precinct No. ....
  442  County of ....
  444         Section 11. Subsection (2) of section 101.5612, Florida
  445  Statutes, is amended to read:
  446         101.5612 Testing of tabulating equipment.—
  447         (2) On any day not more than 25 days before the
  448  commencement of early voting as provided in s. 101.657 or the
  449  opening of super voting sites as provided in s. 101.0011, the
  450  supervisor of elections shall have the automatic tabulating
  451  equipment publicly tested to ascertain that the equipment will
  452  correctly count the votes cast for all offices and on all
  453  measures. If the ballots to be used at the polling place on
  454  election day are not available at the time of the testing, the
  455  supervisor may conduct an additional test not more than 10 days
  456  before election day. Public notice of the time and place of the
  457  test shall be given at least 48 hours prior thereto by
  458  publication on the supervisor of elections’ website and once in
  459  one or more newspapers of general circulation in the county or,
  460  if there is no newspaper of general circulation in the county,
  461  by posting the notice in at least four conspicuous places in the
  462  county. The supervisor or the municipal elections official may,
  463  at the time of qualifying, give written notice of the time and
  464  location of the public preelection test to each candidate
  465  qualifying with that office and obtain a signed receipt that the
  466  notice has been given. The Department of State shall give
  467  written notice to each statewide candidate at the time of
  468  qualifying, or immediately at the end of qualifying, that the
  469  voting equipment will be tested and advise each candidate to
  470  contact the county supervisor of elections as to the time and
  471  location of the public preelection test. The supervisor or the
  472  municipal elections official shall, at least 30 days before the
  473  commencement of early voting as provided in s. 101.657 or the
  474  opening of super voting sites as provided in s. 101.0011, send
  475  written notice by certified mail to the county party chair of
  476  each political party and to all candidates for other than
  477  statewide office whose names appear on the ballot in the county
  478  and who did not receive written notification from the supervisor
  479  or municipal elections official at the time of qualifying,
  480  stating the time and location of the public preelection test of
  481  the automatic tabulating equipment. The canvassing board shall
  482  convene, and each member of the canvassing board shall certify
  483  to the accuracy of the test. For the test, the canvassing board
  484  may designate one member to represent it. The test shall be open
  485  to representatives of the political parties, the press, and the
  486  public. Each political party may designate one person with
  487  expertise in the computer field who shall be allowed in the
  488  central counting room when all tests are being conducted and
  489  when the official votes are being counted. The designee shall
  490  not interfere with the normal operation of the canvassing board.
  491         Section 12. Paragraphs (a) and (b) of subsection (2) of
  492  section 101.591, Florida Statutes, are amended to read:
  493         101.591 Voting system audit.—
  494         (2)(a) A manual audit consists shall consist of a public
  495  manual tally of the votes cast in one randomly selected race
  496  that appears on the ballot. The tally sheet must shall include
  497  election day, super voting site, election-day, vote-by-mail,
  498  early voting, provisional, and overseas ballots, in at least 1
  499  percent but no more than 2 percent of the precincts chosen at
  500  random by the county canvassing board or the local board
  501  responsible for certifying the election. If 1 percent of the
  502  precincts is less than one entire precinct, the audit must shall
  503  be conducted using at least one precinct chosen at random by the
  504  county canvassing board or the local board responsible for
  505  certifying the election. Such precincts shall be selected at a
  506  publicly noticed canvassing board meeting.
  507         (b) An automated audit consists shall consist of a public
  508  automated tally of the votes cast across every race that appears
  509  on the ballot. The tally sheet must shall include election day,
  510  super voting site, vote-by-mail, early voting, provisional, and
  511  overseas ballots in at least 20 percent of the precincts chosen
  512  at random by the county canvassing board or the local board
  513  responsible for certifying the election. Such precincts shall be
  514  selected at a publicly noticed canvassing board meeting.
  515         Section 13. Subsection (5) is added to section 101.657,
  516  Florida Statutes, to read:
  517         101.657 Early voting.—
  518         (5) This section does not apply to a county that has opted
  519  to operate super voting sites in accordance with s. 101.0011.
  520         Section 14. Section 101.69, Florida Statutes, is amended to
  521  read:
  522         101.69 Voting in person; return of vote-by-mail ballot.—
  523         (1) The provisions of this code shall not be construed to
  524  prohibit any elector from voting in person at the elector’s
  525  precinct on the day of an election or at an early voting site or
  526  a super voting site, notwithstanding that the elector has
  527  requested a vote-by-mail ballot for that election. An elector
  528  who has returned a voted vote-by-mail ballot to the supervisor,
  529  however, is deemed to have cast his or her ballot and is not
  530  entitled to vote another ballot or to have a provisional ballot
  531  counted by the county canvassing board. An elector who has
  532  received a vote-by-mail ballot and has not returned the voted
  533  ballot to the supervisor, but desires to vote in person, shall
  534  return the ballot, whether voted or not, to the election board
  535  in the elector’s precinct or to an early voting site or a super
  536  voting site. The returned ballot shall be marked “canceled” by
  537  the board and placed with other canceled ballots. However, if
  538  the elector does not return the ballot and the election
  539  official:
  540         (a) Confirms that the supervisor has received the elector’s
  541  vote-by-mail ballot, the elector shall not be allowed to vote in
  542  person. If the elector maintains that he or she has not returned
  543  the vote-by-mail ballot or remains eligible to vote, the elector
  544  shall be provided a provisional ballot as provided in s.
  545  101.048.
  546         (b) Confirms that the supervisor has not received the
  547  elector’s vote-by-mail ballot, the elector shall be allowed to
  548  vote in person as provided in this code. The elector’s vote-by
  549  mail ballot, if subsequently received, shall not be counted and
  550  shall remain in the mailing envelope, and the envelope shall be
  551  marked “Rejected as Illegal.”
  552         (c) Cannot determine whether the supervisor has received
  553  the elector’s vote-by-mail ballot, the elector may vote a
  554  provisional ballot as provided in s. 101.048.
  555         (2) The supervisor shall allow an elector who has received
  556  a vote-by-mail ballot to physically return a voted vote-by-mail
  557  ballot to the supervisor by placing the envelope containing his
  558  or her marked ballot in a secure drop box. Secure drop boxes
  559  shall be placed at the main office of the supervisor, at each
  560  branch office of the supervisor, and at each early voting site.
  561  Secure drop boxes may also be placed at any other site that
  562  would otherwise qualify as an early voting site under s.
  563  101.657(1) or a super voting site under s. 101.0011(1)(c);
  564  provided, however, that any such site must be staffed during the
  565  county’s early voting hours of operation of the county’s early
  566  voting sites or super voting sites, whichever is applicable, by
  567  an employee of the supervisor’s office or a sworn law
  568  enforcement officer.
  569         Section 15. Subsection (1) of section 101.71, Florida
  570  Statutes, is amended to read:
  571         101.71 Polling place.—
  572         (1) There shall be in Each precinct in each county must
  573  have a one polling place that is which shall be accessible to
  574  the public on election day and is managed by a board of
  575  inspectors and clerk of election. If a county has opted to
  576  operate super voting sites in accordance with s. 101.0011, each
  577  precinct is no longer required to have a polling place, but the
  578  other requirements of this section regarding polling places
  579  continue to apply. Only one elector is shall be allowed to enter
  580  any voting booth at a time; only no one except inspectors are
  581  shall be allowed to speak to the elector while casting his or
  582  her vote; and an inspector may not no inspector shall speak to
  583  or interfere with the elector concerning his or her voting,
  584  except to perform the duties as such inspector. Notwithstanding
  585  any other provision of this chapter, this section is shall be
  586  applicable if where the computer method of voting is in use, and
  587  adequate provision must shall be made for the privacy of the
  588  elector while casting his or her vote.
  589         Section 16. Section 102.031, Florida Statutes, is amended
  590  to read:
  591         102.031 Maintenance of good order at polls; authorities;
  592  persons allowed in polling rooms and early voting areas;
  593  unlawful solicitation of voters.—
  594         (1) Each election board shall possess full authority to
  595  maintain order at the polls and enforce obedience to its lawful
  596  commands during an election and the canvass of the votes.
  597         (2) The sheriff shall deputize a deputy sheriff for each
  598  polling place and each early voting site who shall be present
  599  during the time the polls or early voting sites are open and
  600  until the election is completed, who shall be subject to all
  601  lawful commands of the clerk or inspectors, and who shall
  602  maintain good order. The deputy may summon assistance from among
  603  bystanders to aid him or her when necessary to maintain peace
  604  and order at the polls or early voting sites.
  605         (3)(a) No person may enter any polling room or polling
  606  place where the polling place is also a polling room, any
  607  polling room at a super voting site, or any early voting area
  608  during voting hours except the following:
  609         1. Official poll watchers;
  610         2. Inspectors;
  611         3. Election clerks;
  612         4. The supervisor of elections or his or her deputy;
  613         5. Persons there to vote, persons in the care of a voter,
  614  or persons caring for such voter;
  615         6. Law enforcement officers or emergency service personnel
  616  there with permission of the clerk or a majority of the
  617  inspectors; or
  618         7. A person, whether or not a registered voter, who is
  619  assisting with or participating in a simulated election for
  620  minors, as approved by the supervisor of elections.
  621         (b) The restriction in this subsection does not apply where
  622  the polling room is in an area commonly traversed by the public
  623  in order to gain access to businesses or homes or in an area
  624  traditionally utilized as a public area for discussion.
  625         (4)(a) No person, political committee, or other group or
  626  organization may solicit voters inside the polling place or
  627  within 150 feet of the entrance to any polling place, a polling
  628  room where the polling place is also a polling room, a super
  629  voting site, an early voting site, or an office of the
  630  supervisor where vote-by-mail ballots are requested and printed
  631  on demand for the convenience of electors who appear in person
  632  to request them. Before the opening of the polling place, super
  633  voting site, or early voting site, the clerk or supervisor shall
  634  designate the no-solicitation zone and mark the boundaries.
  635         (b) For the purpose of this subsection, the terms “solicit”
  636  or “solicitation” shall include, but not be limited to, seeking
  637  or attempting to seek any vote, fact, opinion, or contribution;
  638  distributing or attempting to distribute any political or
  639  campaign material, leaflet, or handout; conducting a poll except
  640  as specified in this paragraph; seeking or attempting to seek a
  641  signature on any petition; and selling or attempting to sell any
  642  item. The terms “solicit” or “solicitation” may not be construed
  643  to prohibit exit polling.
  644         (c) Each supervisor of elections shall inform the clerk of
  645  the area within which soliciting is unlawful, based on the
  646  particular characteristics of that polling place. The supervisor
  647  or the clerk may take any reasonable action necessary to ensure
  648  order at the polling places, including, but not limited to,
  649  having disruptive and unruly persons removed by law enforcement
  650  officers from the polling room or place or from the 150-foot
  651  zone surrounding the polling place.
  652         (d) Except as provided in paragraph (a), the supervisor may
  653  not designate a no-solicitation zone or otherwise restrict
  654  access to any person, political committee, candidate, or other
  655  group or organization for the purposes of soliciting voters.
  656  This paragraph applies to any public or private property used as
  657  a polling place, a super voting site, or an early voting site.
  658         (e) The owner, operator, or lessee of the property on which
  659  a polling place, a super voting site, or an early voting site is
  660  located, or an agent or employee thereof, may not prohibit the
  661  solicitation of voters outside of the no-solicitation zone
  662  during polling hours.
  663         (5) No photography is permitted in the polling room, or
  664  early voting area, or polling room or voting area at a super
  665  voting site, except an elector may photograph his or her own
  666  ballot.
  667         Section 17. Subsection (4) of section 102.141, Florida
  668  Statutes, is amended to read:
  669         102.141 County canvassing board; duties.—
  670         (4)(a) Except as provided under paragraph (b), the
  671  supervisor of elections shall upload into the county’s election
  672  management system by 7 p.m. on the day before the election the
  673  results of all early voting and vote-by-mail ballots that have
  674  been canvassed and tabulated by the end of the early voting
  675  period. Pursuant to ss. 101.5614(8), 101.657, and 101.68(2), the
  676  tabulation of votes cast or the results of such uploads may not
  677  be made public before the close of the polls on election day.
  678         (b) If in a county opting to use super voting site voting
  679  pursuant to s. 101.0011, the supervisor of elections must upload
  680  into the county’s election management system after the polls
  681  close on election day the results of all super voting site and
  682  vote-by-mail ballots that have been canvassed and tabulated.
  683  Pursuant to ss. 101.0011(1)(b), 101.5614(8), and 101.68(2), the
  684  tabulation of votes cast or the results of such uploads may not
  685  be made public before the close of the polls on election day.
  686         (c) The canvassing board shall report all early voting and
  687  all tabulated vote-by-mail results to the Department of State
  688  within 30 minutes after the polls close. Thereafter, the
  689  canvassing board shall report, with the exception of provisional
  690  ballot results, updated precinct election results or super
  691  voting site election results, if applicable, to the department
  692  at least every 45 minutes until all results are completely
  693  reported. The supervisor of elections shall notify the
  694  department immediately of any circumstances that do not permit
  695  periodic updates as required. Results shall be submitted in a
  696  format prescribed by the department.
  697         Section 18. This act shall take effect upon becoming a law.