Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 524
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Hutson) recommended the
    1         Senate Amendment to Amendment (824268) (with title
    2  amendment)
    4         Between lines 594 and 595
    5  insert:
    6         Section 15. Subsections (2) and (5) of section 101.051,
    7  Florida Statutes, are amended to read:
    8         101.051 Electors seeking assistance in casting ballots;
    9  oath to be executed; forms to be furnished.—
   10         (2) It is unlawful for any person to be in the voting booth
   11  with any elector except as provided in subsection (1). A person
   12  at a polling place, a secure ballot intake station drop box
   13  location, or an early voting site, or within 150 feet of a
   14  secure ballot intake station drop box location or the entrance
   15  of a polling place or an early voting site, may not solicit any
   16  elector in an effort to provide assistance to vote pursuant to
   17  subsection (1). Any person who violates this subsection commits
   18  a misdemeanor of the first degree, punishable as provided in s.
   19  775.082 or s. 775.083.
   20         (5) If an elector needing assistance requests that a person
   21  other than an election official provide him or her with
   22  assistance in voting, the clerk or one of the inspectors shall
   23  require the person providing assistance to take the following
   24  oath:
   26                  DECLARATION TO PROVIDE ASSISTANCE                
   28  State of Florida
   29  County of ....
   30  Date ....
   31  Precinct ....
   33         I, ...(Print name)..., have been requested by ...(print
   34  name of elector needing assistance)... to provide him or her
   35  with assistance to vote. I swear or affirm that I am not the
   36  employer, an agent of the employer, or an officer or agent of
   37  the union of the voter and that I have not solicited this voter
   38  at the polling place, secure ballot intake station drop box
   39  location, or early voting site or within 150 feet of such
   40  locations in an effort to provide assistance.
   42  ...(Signature of assistor)...
   44  Sworn and subscribed to before me this .... day of ....,
   45  ...(year)....
   47  ...(Signature of Official Administering Oath)...
   49         Section 16. Section 101.65, Florida Statutes, is amended to
   50  read:
   51         101.65 Instructions to absent electors.—The supervisor
   52  shall enclose with each vote-by-mail ballot separate printed
   53  instructions in substantially the following form; however, where
   54  the instructions appear in capitalized text, the text of the
   55  printed instructions must be in bold font:
   57                  READ THESE INSTRUCTIONS CAREFULLY                
   58                       BEFORE MARKING BALLOT.                      
   60         1. VERY IMPORTANT. In order to ensure that your vote-by
   61  mail ballot will be counted, it should be completed and returned
   62  as soon as possible so that it can reach the supervisor of
   63  elections of the county in which your precinct is located no
   64  later than 7 p.m. on the day of the election. However, if you
   65  are an overseas voter casting a ballot in a presidential
   66  preference primary or general election, your vote-by-mail ballot
   67  must be postmarked or dated no later than the date of the
   68  election and received by the supervisor of elections of the
   69  county in which you are registered to vote no later than 10 days
   70  after the date of the election. Note that the later you return
   71  your ballot, the less time you will have to cure any signature
   72  deficiencies, which is authorized until 5 p.m. on the 2nd day
   73  after the election.
   74         2. Mark your ballot in secret as instructed on the ballot.
   75  You must mark your own ballot unless you are unable to do so
   76  because of blindness, disability, or inability to read or write.
   77         3. Mark only the number of candidates or issue choices for
   78  a race as indicated on the ballot. If you are allowed to “Vote
   79  for One” candidate and you vote for more than one candidate,
   80  your vote in that race will not be counted.
   81         4. Place your marked ballot in the enclosed secrecy
   82  envelope.
   83         5. Insert the secrecy envelope into the enclosed mailing
   84  envelope which is addressed to the supervisor.
   85         6. Seal the mailing envelope and completely fill out the
   86  Voter’s Certificate on the back of the mailing envelope.
   87         7. VERY IMPORTANT. In order for your vote-by-mail ballot to
   88  be counted, you must sign your name on the line above (Voter’s
   89  Signature). A vote-by-mail ballot will be considered illegal and
   90  not be counted if the signature on the voter’s certificate does
   91  not match the signature on record. The signature on file at the
   92  time the supervisor of elections in the county in which your
   93  precinct is located receives your vote-by-mail ballot is the
   94  signature that will be used to verify your signature on the
   95  voter’s certificate. If you need to update your signature for
   96  this election, send your signature update on a voter
   97  registration application to your supervisor of elections so that
   98  it is received before your vote-by-mail ballot is received.
   99         8. VERY IMPORTANT. If you are an overseas voter, you must
  100  include the date you signed the Voter’s Certificate on the line
  101  above (Date) or your ballot may not be counted.
  102         9. Mail, deliver, or have delivered the completed mailing
  103  envelope. Be sure there is sufficient postage if mailed. THE
  108         10. FELONY NOTICE. It is a felony under Florida law to
  109  accept any gift, payment, or gratuity in exchange for your vote
  110  for a candidate. It is also a felony under Florida law to vote
  111  in an election using a false identity or false address, or under
  112  any other circumstances making your ballot false or fraudulent.
  113         Section 17. Subsections (2) and (3) of section 101.69,
  114  Florida Statutes, are amended to read:
  115         101.69 Voting in person; return of vote-by-mail ballot.—
  116         (2)(a) The supervisor shall allow an elector who has
  117  received a vote-by-mail ballot to physically return a voted
  118  vote-by-mail ballot to the supervisor by placing the return mail
  119  envelope containing his or her marked ballot in a secure ballot
  120  intake station drop box. Secure ballot intake stations drop
  121  boxes shall be placed at the main office of the supervisor, at
  122  each permanent branch office of the supervisor, and at each
  123  early voting site. Secure ballot intake stations drop boxes may
  124  also be placed at any other site that would otherwise qualify as
  125  an early voting site under s. 101.657(1). Secure ballot intake
  126  stations Drop boxes must be geographically located so as to
  127  provide all voters in the county with an equal opportunity to
  128  cast a ballot, insofar as is practicable. Except for secure
  129  ballot intake stations drop boxes at an office of the
  130  supervisor, a secure ballot intake station drop box may only be
  131  used during the county’s early voting hours of operation and
  132  must be monitored in person by an employee of the supervisor’s
  133  office except as otherwise provided in paragraph (b). Except as
  134  otherwise provided in paragraph (b), a secure ballot intake
  135  station drop box at an office of the supervisor must be
  136  continuously monitored in person by an employee of the
  137  supervisor’s office when the secure ballot intake station drop
  138  box is accessible for deposit of ballots.
  139         (b) In lieu of the requirement that a secure ballot intake
  140  station be continuously monitored in person by an employee of
  141  the supervisor’s office when the station is in operation as
  142  provided in paragraph (a), a supervisor may install video
  143  surveillance cameras at the location that must be operational
  144  when the secure ballot intake station location is accessible for
  145  the deposit of ballots. Any such cameras must be placed in a
  146  location at each secure ballot intake station that shows each
  147  secure ballot intake device and allows for the recording of each
  148  person’s face as he or she deposits any ballot into such device.
  149  All video footage of secure ballot intake station locations
  150  operated during an election must be collected and retained by
  151  the supervisor pursuant to s. 101.545. In a clearly visible
  152  location at each secure ballot intake station that is subject to
  153  this paragraph, a notice in the following form must be posted:
  155         This secure ballot intake station is being monitored
  156         by video surveillance. Under s. 104.0616, Florida
  157         Statutes, any person who distributes, orders,
  158         requests, collects, delivers, or otherwise physically
  159         possesses more than two vote-by-mail ballots per
  160         election in addition to his or her own ballot or a
  161         ballot belonging to an immediate family member, except
  162         for specific circumstances provided in state law,
  163         commits a felony of the third degree, punishable by a
  164         term of imprisonment of up to 5 years and a fine of up
  165         to $5,000.
  167         (c) A supervisor shall designate each secure ballot intake
  168  station drop box site at least 30 days before an election. The
  169  supervisor shall provide the address of each secure ballot
  170  intake station drop box location to the division at least 30
  171  days before an election. After a secure ballot intake station
  172  drop box location has been designated, it may not be moved or
  173  changed except as approved by the division to correct a
  174  violation of this subsection.
  175         (d)1.(c)1. On each day of early voting, all secure ballot
  176  intake stations drop boxes must be emptied at the end of early
  177  voting hours and all ballots retrieved from the secure ballot
  178  intake stations drop boxes must be returned to the supervisor’s
  179  office.
  180         2. For secure ballot intake stations drop boxes located at
  181  an office of the supervisor, all ballots must be retrieved
  182  before the secure ballot intake station drop box is no longer
  183  monitored by an employee of the supervisor or by video
  184  surveillance.
  185         3. Employees of the supervisor must comply with procedures
  186  for the chain of custody of ballots as required by s.
  187  101.015(4).
  188         (3) If any secure ballot intake station drop box is left
  189  accessible for ballot receipt other than as authorized by this
  190  section, the supervisor is subject to a civil penalty of
  191  $25,000. The division is authorized to enforce this provision.
  192         Section 18. Paragraph (a) of subsection (4) of section
  193  102.031, Florida Statutes, is amended to read:
  194         102.031 Maintenance of good order at polls; authorities;
  195  persons allowed in polling rooms and early voting areas;
  196  unlawful solicitation of voters.—
  197         (4)(a) No person, political committee, or other group or
  198  organization may solicit voters inside the polling place or
  199  within 150 feet of a secure ballot intake station drop box or
  200  the entrance to any polling place, a polling room where the
  201  polling place is also a polling room, an early voting site, or
  202  an office of the supervisor where vote-by-mail ballots are
  203  requested and printed on demand for the convenience of electors
  204  who appear in person to request them. Before the opening of a
  205  secure ballot intake station drop box location, a polling place,
  206  or an early voting site, the clerk or supervisor shall designate
  207  the no-solicitation zone and mark the boundaries.
  209  ================= T I T L E  A M E N D M E N T ================
  210  And the title is amended as follows:
  211         Delete line 955
  212  and insert:
  213         residence; amending ss. 101.051, 101.65, 101.69, and
  214         102.031, F.S.; updating terminology for “secure drop
  215         boxes” with “secure ballot intake stations”;
  216         authorizing supervisors to place video surveillance
  217         monitoring at secure ballot intake station locations
  218         in lieu of in-person monitoring; specifying
  219         requirements; amending s. 101.5614, F.S.; requiring