Florida Senate - 2022                              CS for SB 524
       
       
        
       By the Committee on Ethics and Elections; and Senator Hutson
       
       
       
       
       
       582-02626-22                                           2022524c1
    1                        A bill to be entitled                      
    2         An act relating to election administration; creating
    3         s. 97.022, F.S.; creating the Office of Election
    4         Crimes and Security within the Department of State;
    5         specifying duties and the structure of the office;
    6         requiring the department to annually report to the
    7         Governor and Legislature regarding the office’s
    8         activities; specifying requirements for such report;
    9         amending s. 97.0291, F.S.; clarifying provisions
   10         governing the prohibition on the solicitation,
   11         acceptance, use, and disposal of private funds for
   12         certain election-related expenses; amending s. 97.057,
   13         F.S.; conforming a cross-reference; amending s.
   14         97.0575, F.S.; revising a limitation on the amount of
   15         aggregate fines which may be assessed against a third
   16         party voter registration organization in a calendar
   17         year; amending s. 98.065, F.S.; revising the frequency
   18         by which supervisors of elections must conduct a
   19         registration list maintenance program; modifying
   20         required components of registration list maintenance
   21         programs; amending s. 98.0655, F.S.; revising the
   22         types of registration list maintenance forms to be
   23         prescribed by the Department of State to conform to
   24         changes made by the act; amending s. 98.075, F.S.;
   25         authorizing the Department of State to identify
   26         deceased registered voters using information received
   27         by the Department of Highway Safety and Motor
   28         Vehicles; amending s. 98.093, F.S.; requiring clerks
   29         of the circuit court and the Department of Highway
   30         Safety and Motor Vehicles to furnish additional
   31         information to the Department of State on a monthly
   32         basis; amending s. 100.371, F.S.; revising duties of
   33         the supervisor with respect to the processing and
   34         retention of initiative petition forms; requiring the
   35         supervisor to post additional information regarding
   36         petition forms on his or her website; creating s.
   37         101.019, F.S.; prohibiting the use of ranked-choice
   38         voting to determine election or nomination to elective
   39         office; voiding existing or future local ordinances
   40         authorizing the use of ranked-choice voting; amending
   41         s. 101.5614, F.S.; requiring specified individuals
   42         observing the ballot duplication process to sign a
   43         specified affidavit acknowledging certain criminal
   44         penalties; prohibiting persons authorized to observe,
   45         review, or inspect ballot materials or observe
   46         canvassing from releasing certain information about an
   47         election before the closing of the polls; providing
   48         criminal penalties; amending ss. 101.6103 and
   49         101.6104, F.S.; revising certain provisions governing
   50         the Mail Ballot Election Act to conform to changes
   51         made by the act; amending s. 101.64, F.S.; requiring
   52         the voter’s certificate for vote-by-mail ballots be
   53         printed on a separate envelope, instead of the return
   54         mailing envelope; revising the voter’s certificate to
   55         include space for the last four digits of the absent
   56         elector’s driver license number, Florida
   57         identification card number, or social security number;
   58         conforming provisions to changes made by the act;
   59         amending s. 101.65, F.S.; revising instructions to
   60         absent electors to conform to changes made by the act;
   61         amending s. 101.68, F.S.; requiring the supervisor to
   62         verify an absent elector’s partial identification
   63         number listed on the voter’s certificate upon receipt
   64         of a vote-by-mail ballot; conforming provisions to
   65         changes made by the act; requiring that the voter’s
   66         certificate include an identifying number as a
   67         requisite to canvassing; authorizing an elector to
   68         cure his or her ballot in the event of a deficiency;
   69         amending ss. 101.6921, 101.6923, and 101.6925, F.S.;
   70         revising provisions governing special vote-by-mail
   71         ballots to certain first-time voters to conform to
   72         changes made by the act; amending s. 102.091, F.S.;
   73         requiring the Governor, in consultation with the
   74         executive director of the Department of Law
   75         Enforcement, to appoint special officers to
   76         investigate election law violations; specifying
   77         requirements for such special officers; providing
   78         construction; amending s. 102.101, F.S.; prohibiting a
   79         special officer from entering a polling place;
   80         providing exceptions; amending s. 104.0616, F.S.;
   81         increasing criminal penalties for certain unlawful
   82         acts involving vote-by-mail ballots; amending s.
   83         104.185, F.S.; increasing criminal penalties for a
   84         person who signs another person’s name or a fictitious
   85         name on specified petitions; amending s. 104.186,
   86         F.S.; increasing criminal penalties for a person who
   87         unlawfully compensates a petition circulator based on
   88         the number of petition forms gathered; amending s.
   89         921.0022, F.S.; ranking a specified offense involving
   90         vote-by-mail ballots on the severity ranking chart of
   91         the Criminal Punishment Code; requiring the Department
   92         of State to submit a report to the Legislature by a
   93         specified date; providing report requirements;
   94         providing effective dates.
   95          
   96  Be It Enacted by the Legislature of the State of Florida:
   97  
   98         Section 1. Section 97.022, Florida Statutes, is created to
   99  read:
  100         97.022 Office of Election Crimes and Security; creation;
  101  purpose and duties.—
  102         (1) The Office of Election Crimes and Security is created
  103  within the Department of State. The purpose of the office is to
  104  aid the Secretary of State in completion of his or her duties
  105  under s. 97.012(12) and (15) by:
  106         (a) Receiving and reviewing notices and reports generated
  107  by government officials or any other person regarding alleged
  108  occurrences of election law violations or election
  109  irregularities in this state.
  110         (b) Initiating independent inquiries and conducting
  111  preliminary investigations into allegations of election law
  112  violations or election irregularities in this state.
  113         (2) The office may review complaints and conduct
  114  preliminary investigations into alleged violations of the
  115  Florida Election Code or any rule adopted pursuant thereto and
  116  any election irregularities.
  117         (3) The secretary shall appoint a director of the office.
  118         (4) The office shall be based in Tallahassee and shall
  119  employ nonsworn investigators to conduct any investigations. The
  120  positions and resources necessary for the office to accomplish
  121  its duties shall be established through and subject to the
  122  legislative appropriations process.
  123         (5) The office shall oversee the department’s voter fraud
  124  hotline.
  125         (6) This section does not limit the jurisdiction of any
  126  other office or agency of the state empowered by law to
  127  investigate, act upon, or dispose of alleged election law
  128  violations.
  129         (7) By January 15 of each year, the department shall submit
  130  a report to the Governor, the President of the Senate, and the
  131  Speaker of the House of Representatives detailing information on
  132  investigations of alleged election law violations or election
  133  irregularities conducted during the prior calendar year. The
  134  report must include the total number of complaints received and
  135  independent investigations initiated and the number referred to
  136  another agency for further investigation or prosecution,
  137  including the total of those sent to a special officer pursuant
  138  to s. 102.091. For each alleged violation or irregularity
  139  investigated, the report must include:
  140         (a) The source of the alleged violation or irregularity;
  141         (b) The law allegedly violated or the nature of the
  142  irregularity reported;
  143         (c) The county in which the alleged violation or
  144  irregularity occurred;
  145         (d) Whether the alleged violation or irregularity was
  146  referred to another agency for further investigation or
  147  prosecution, and if so, to which agency; and
  148         (e) The current status of the investigation or resulting
  149  criminal case.
  150         Section 2. Section 97.0291, Florida Statutes, is amended to
  151  read:
  152         97.0291 Prohibition on use of private funds for election
  153  related expenses.—No agency or state or local official
  154  responsible for conducting elections, including, but not limited
  155  to, a supervisor of elections, may solicit, accept, use, or
  156  dispose of any donation in the form of money, grants, property,
  157  or personal services from an individual or a nongovernmental
  158  entity for the purpose of funding any type of election-related
  159  expenses related to election administration, including, but not
  160  limited to or voter education, voter outreach, voter or
  161  registration programs, or the cost of any litigation related to
  162  election administration. This section does not prohibit the
  163  donation and acceptance of space to be used for a polling room
  164  or an early voting site.
  165         Section 3. Subsection (13) of section 97.057, Florida
  166  Statutes, is amended to read:
  167         97.057 Voter registration by the Department of Highway
  168  Safety and Motor Vehicles.—
  169         (13) The Department of Highway Safety and Motor Vehicles
  170  must assist the Department of State in regularly identifying
  171  changes in residence address on the driver license or
  172  identification card of a voter. The Department of State must
  173  report each such change to the appropriate supervisor of
  174  elections who must change the voter’s registration records in
  175  accordance with s. 98.065(5) s. 98.065(4).
  176         Section 4. Paragraph (a) of subsection (3) of section
  177  97.0575, Florida Statutes, is amended to read:
  178         97.0575 Third-party voter registrations.—
  179         (3)(a) A third-party voter registration organization that
  180  collects voter registration applications serves as a fiduciary
  181  to the applicant, ensuring that any voter registration
  182  application entrusted to the organization, irrespective of party
  183  affiliation, race, ethnicity, or gender, must be promptly
  184  delivered to the division or the supervisor of elections in the
  185  county in which the applicant resides within 14 days after the
  186  application was completed by the applicant, but not after
  187  registration closes for the next ensuing election. A third-party
  188  voter registration organization must notify the applicant at the
  189  time the application is collected that the organization might
  190  not deliver the application to the division or the supervisor of
  191  elections in the county in which the applicant resides in less
  192  than 14 days or before registration closes for the next ensuing
  193  election and must advise the applicant that he or she may
  194  deliver the application in person or by mail. The third-party
  195  voter registration organization must also inform the applicant
  196  how to register online with the division and how to determine
  197  whether the application has been delivered. If a voter
  198  registration application collected by any third-party voter
  199  registration organization is not promptly delivered to the
  200  division or supervisor of elections in the county in which the
  201  applicant resides, the third-party voter registration
  202  organization is liable for the following fines:
  203         1. A fine in the amount of $50 for each application
  204  received by the division or the supervisor of elections in the
  205  county in which the applicant resides more than 14 days after
  206  the applicant delivered the completed voter registration
  207  application to the third-party voter registration organization
  208  or any person, entity, or agent acting on its behalf. A fine in
  209  the amount of $250 for each application received if the third
  210  party voter registration organization or person, entity, or
  211  agency acting on its behalf acted willfully.
  212         2. A fine in the amount of $100 for each application
  213  collected by a third-party voter registration organization or
  214  any person, entity, or agent acting on its behalf, before book
  215  closing for any given election for federal or state office and
  216  received by the division or the supervisor of elections in the
  217  county in which the applicant resides after the book-closing
  218  deadline for such election. A fine in the amount of $500 for
  219  each application received if the third-party registration
  220  organization or person, entity, or agency acting on its behalf
  221  acted willfully.
  222         3. A fine in the amount of $500 for each application
  223  collected by a third-party voter registration organization or
  224  any person, entity, or agent acting on its behalf, which is not
  225  submitted to the division or supervisor of elections in the
  226  county in which the applicant resides. A fine in the amount of
  227  $1,000 for any application not submitted if the third-party
  228  voter registration organization or person, entity, or agency
  229  acting on its behalf acted willfully.
  230  
  231  The aggregate fine pursuant to this paragraph which may be
  232  assessed against a third-party voter registration organization,
  233  including affiliate organizations, for violations committed in a
  234  calendar year is $50,000 $1,000.
  235         Section 5. Present subsections (5) and (6) of section
  236  98.065, Florida Statutes, are redesignated as subsections (6)
  237  and (7), respectively, new subsection (3) is added to that
  238  section, and subsection (2) and present subsections (3) and (4)
  239  of that section are amended, to read:
  240         98.065 Registration list maintenance programs.—
  241         (2) A supervisor must incorporate one or more of the
  242  following procedures in the supervisor’s biennial registration
  243  list maintenance program under which:
  244         (a) At least once each even-numbered year, to begin in the
  245  November of a year preceding a presidential election, change-of
  246  address information supplied by the United States Postal Service
  247  through its licensees is used to identify registered voters
  248  whose addresses might have changed;
  249         (b) At least once each odd-numbered year, change-of-address
  250  information is identified from returned nonforwardable return
  251  if-undeliverable address confirmation requests mailed mail sent
  252  to all registered voters in the county; or
  253         (c) At a supervisor’s discretion, change-of-address
  254  information is identified from returned nonforwardable return
  255  if-undeliverable address confirmation requests mailed to all
  256  registered voters who have not voted in the last 2 years and who
  257  did not make a written request that their registration records
  258  be updated during that time; and
  259         (d) At least once each odd-numbered year, an identifying
  260  number solicitation is sent by nonforwardable return-if
  261  undeliverable mail to each voter who does not have a Florida
  262  driver license number, a Florida identification card number, or
  263  the last four digits of his or her social security number on
  264  file with the supervisor.
  265         (3)(a) Address confirmation requests sent pursuant to
  266  paragraphs (2)(b) and (c) must be addressed to the voter’s
  267  address of legal residence. If a request is returned as
  268  undeliverable, any other notification sent to the voter pursuant
  269  to subsection (5) or s. 98.0655 must be addressed to the voter’s
  270  mailing address on file, if any, in addition to any residence
  271  address on file.
  272         (b) An identifying number solicitation sent pursuant to
  273  paragraph (2)(d) must be addressed to the voter’s mailing
  274  address.
  275         (4) A registration list maintenance program must be
  276  conducted by each supervisor, at a minimum, once in each odd
  277  numbered year and must be completed not later than 90 days
  278  before prior to the date of any federal election. All list
  279  maintenance actions associated with each voter must be entered,
  280  tracked, and maintained in the statewide voter registration
  281  system.
  282         (5)(a)(4)(a) If the supervisor receives change-of-address
  283  information pursuant to the activities conducted in subsection
  284  (2), from jury notices signed by the voter and returned to the
  285  courts, from the Department of Highway Safety and Motor
  286  Vehicles, or from other sources which indicates that a
  287  registered voter’s legal residence might have changed to another
  288  location within the state, the supervisor must change the
  289  registration records to reflect the new address and must send
  290  the voter an address change notice as provided in s. 98.0655(2).
  291         (b) If the supervisor of elections receives change-of
  292  address information pursuant to the activities conducted in
  293  subsection (2), from jury notices signed by the voter and
  294  returned to the courts, or from other sources which indicates
  295  that a registered voter’s legal residence might have changed to
  296  a location outside the state, the supervisor of elections shall
  297  send an address confirmation final notice to the voter as
  298  provided in s. 98.0655(3).
  299         (c) If the supervisor of elections receives returned mail
  300  addressed to a voter at his or her address of legal residence
  301  indicating that the mail was undeliverable but without
  302  indication of an address change, the supervisor must send an
  303  address confirmation request to the voter’s mailing address on
  304  file.
  305         (d) The supervisor must designate as inactive all voters
  306  who have been sent an address confirmation final notice and who
  307  have not returned the postage prepaid, preaddressed return form
  308  within 30 days or for which the final notice has been returned
  309  as undeliverable. Names on the inactive list may not be used to
  310  calculate the number of signatures needed on any petition. A
  311  voter on the inactive list may be restored to the active list of
  312  voters upon the voter updating his or her registration,
  313  requesting a vote-by-mail ballot, or appearing to vote. However,
  314  if the voter does not update his or her voter registration
  315  information, request a vote-by-mail ballot, or vote by the
  316  second general election after being placed on the inactive list,
  317  the voter’s name shall be removed from the statewide voter
  318  registration system and the voter shall be required to
  319  reregister to have his or her name restored to the statewide
  320  voter registration system.
  321         Section 6. Subsection (1) of section 98.0655, Florida
  322  Statutes, is amended, and subsection (4) is added to that
  323  section, to read:
  324         98.0655 Registration list maintenance forms.—The department
  325  shall prescribe registration list maintenance forms to be used
  326  by the supervisors which must include:
  327         (1) An address confirmation request that must contain:
  328         (a) The voter’s name and address of legal residence as
  329  shown on the voter registration record; and
  330         (b) A request that the voter notify the supervisor if
  331  either the voter’s name or address of legal residence is
  332  incorrect;
  333         (c) A voter registration application for the voter’s use if
  334  making a registration change by mail; and
  335         (d) Notification that a person who willfully submits any
  336  false voter registration information commits a felony of the
  337  third degree, as provided by s. 104.011(2).
  338         (4) An identifying number solicitation that requests the
  339  voter provide his or her Florida driver license number or
  340  Florida identification card number and the last four digits of
  341  his or her social security number.
  342         Section 7. Paragraph (a) of subsection (3) of section
  343  98.075, Florida Statutes, is amended to read:
  344         98.075 Registration records maintenance activities;
  345  ineligibility determinations.—
  346         (3) DECEASED PERSONS.—
  347         (a)1. The department shall identify those registered voters
  348  who are deceased by comparing information received from either:
  349         a. The Department of Health as provided in s. 98.093; or
  350         b. The United States Social Security Administration,
  351  including, but not limited to, any master death file or index
  352  compiled by the United States Social Security Administration; or
  353         c. The Department of Highway Safety and Motor Vehicles.
  354         2. Within 7 days after receipt of such information through
  355  the statewide voter registration system, the supervisor shall
  356  remove the name of the registered voter.
  357         Section 8. Section 98.093, Florida Statutes, is amended to
  358  read:
  359         98.093 Duty of officials to furnish information relating to
  360  deceased persons, persons adjudicated mentally incapacitated,
  361  and persons convicted of a felony, and persons who are not
  362  United States citizens.—
  363         (1) In order to identify ineligible registered voters and
  364  maintain accurate and current voter registration records in the
  365  statewide voter registration system pursuant to procedures in s.
  366  98.065 or s. 98.075, it is necessary for the department and
  367  supervisors of elections to receive or access certain
  368  information from state and federal officials and entities in the
  369  format prescribed.
  370         (2) To the maximum extent feasible, state and local
  371  government agencies shall facilitate provision of information
  372  and access to data to the department, including, but not limited
  373  to, databases that contain reliable criminal records and records
  374  of deceased persons. State and local government agencies that
  375  provide such data shall do so without charge if the direct cost
  376  incurred by those agencies is not significant.
  377         (a) The Department of Health shall furnish monthly to the
  378  department a list containing the name, address, date of birth,
  379  date of death, social security number, race, and sex of each
  380  deceased person 17 years of age or older.
  381         (b) Each clerk of the circuit court shall furnish monthly
  382  to the department:
  383         1. A list of those persons who have been adjudicated
  384  mentally incapacitated with respect to voting during the
  385  preceding calendar month, a list of those persons whose mental
  386  capacity with respect to voting has been restored during the
  387  preceding calendar month, and a list of those persons who have
  388  returned signed jury notices during the preceding months to the
  389  clerk of the circuit court indicating a change of address. Each
  390  list shall include the name, address, date of birth, race, sex,
  391  and, whichever is available, the Florida driver license number,
  392  Florida identification card number, or social security number of
  393  each such person.
  394         2. Information on the terms of sentence, including any
  395  financial obligations, of all persons listed in the clerk’s
  396  records who reside within this state and have been convicted of
  397  a felony.
  398         (c) Upon receipt of information from the United States
  399  Attorney, listing persons convicted of a felony in federal
  400  court, the department shall use such information to identify
  401  registered voters or applicants for voter registration who may
  402  be potentially ineligible based on information provided in
  403  accordance with s. 98.075.
  404         (d) The Department of Law Enforcement shall identify those
  405  persons who have been convicted of a felony who appear in the
  406  voter registration records supplied by the statewide voter
  407  registration system, in a time and manner that enables the
  408  department to meet its obligations under state and federal law.
  409         (e) The Florida Commission on Offender Review shall furnish
  410  at least bimonthly to the department data, including the
  411  identity of those persons granted clemency in the preceding
  412  month or any updates to prior records which have occurred in the
  413  preceding month. The data shall contain the commission’s case
  414  number and the person’s name, address, date of birth, race,
  415  gender, Florida driver license number, Florida identification
  416  card number, or the last four digits of the social security
  417  number, if available, and references to record identifiers
  418  assigned by the Department of Corrections and the Department of
  419  Law Enforcement, a unique identifier of each clemency case, and
  420  the effective date of clemency of each person.
  421         (f) The Department of Corrections shall identify those
  422  persons who have been convicted of a felony and committed to its
  423  custody or placed on community supervision. The information must
  424  be provided to the department at a time and in a manner that
  425  enables the department to identify registered voters who are
  426  convicted felons and to meet its obligations under state and
  427  federal law.
  428         (g) The Department of Highway Safety and Motor Vehicles
  429  shall furnish monthly to the department:
  430         1. A list of those persons whose names have been removed
  431  from the driver license database because they have been licensed
  432  in another state. The list must shall contain the name, address,
  433  date of birth, sex, social security number, and driver license
  434  number of each such person.
  435         2. A list of those persons who presented evidence of non
  436  United States citizenship upon being issued a new or renewed
  437  Florida driver license or Florida identification card. The list
  438  must contain the name; address; date of birth; social security
  439  number, if applicable; and Florida driver license number or
  440  Florida identification card number, as applicable, of each such
  441  person.
  442         (3) This section does not limit or restrict the supervisor
  443  in his or her duty to remove the names of persons from the
  444  statewide voter registration system pursuant to s. 98.075(7)
  445  based upon information received from other sources.
  446         Section 9. Paragraphs (a) and (c) of subsection (11) of
  447  section 100.371, Florida Statutes, are amended to read:
  448         100.371 Initiatives; procedure for placement on ballot.—
  449         (11)(a) An initiative petition form circulated for
  450  signature may not be bundled with or attached to any other
  451  petition. Each signature shall be dated when made and shall be
  452  valid until the next February 1 occurring in an even-numbered
  453  year for the purpose of the amendment appearing on the ballot
  454  for the general election occurring in that same year, provided
  455  all other requirements of law are met. The sponsor shall submit
  456  signed and dated forms to the supervisor of elections for the
  457  county of residence listed by the person signing the form for
  458  verification of the number of valid signatures obtained. If a
  459  signature on a petition is from a registered voter in another
  460  county, the supervisor shall notify the petition sponsor of the
  461  misfiled petition. The supervisor shall promptly verify the
  462  signatures within 60 days after receipt of the petition forms
  463  and payment of a fee for the actual cost of signature
  464  verification incurred by the supervisor. However, for petition
  465  forms submitted less than 60 days before February 1 of an even
  466  numbered year, the supervisor shall promptly verify the
  467  signatures within 30 days after receipt of the form and payment
  468  of the fee for signature verification. The supervisor shall
  469  promptly record, in the manner prescribed by the Secretary of
  470  State, the date each form is received by the supervisor, and the
  471  date the signature on the form is verified as valid. The
  472  supervisor may verify that the signature on a form is valid only
  473  if:
  474         1. The form contains the original signature of the
  475  purported elector.
  476         2. The purported elector has accurately recorded on the
  477  form the date on which he or she signed the form.
  478         3. The form sets forth the purported elector’s name,
  479  address, city, county, and voter registration number or date of
  480  birth.
  481         4. The purported elector is, at the time he or she signs
  482  the form and at the time the form is verified, a duly qualified
  483  and registered elector in the state.
  484         5. The signature was obtained legally, including that if a
  485  paid petition circulator was used, the circulator was validly
  486  registered under subsection (3) when the signature was obtained.
  487  
  488  The supervisor shall retain all the signature forms, separating
  489  forms verified as valid from those deemed invalid, for at least
  490  1 year following the election for in which the petition was
  491  circulated. The supervisor shall provide a method of viewing and
  492  copying valid and invalid forms issue appeared on the ballot or
  493  until the division notifies the supervisors of elections that
  494  the committee that circulated the petition is no longer seeking
  495  to obtain ballot position.
  496         (c) On the last day of each month, or on the last day of
  497  each week from December 1 of an odd-numbered year through
  498  February 1 of the following year, each supervisor shall post on
  499  his or her website the total number of signatures submitted, the
  500  total number of invalid signatures, the total number of
  501  signatures processed, and the aggregate number of verified valid
  502  signatures and the distribution of such signatures by
  503  congressional district for each proposed amendment proposed by
  504  initiative, along with the following information specific to the
  505  reporting period: the total number of signed petition forms
  506  received, the total number of signatures verified, the
  507  distribution of verified valid signatures by congressional
  508  district, and the total number of verified petition forms
  509  forwarded to the Secretary of State.
  510         Section 10. Section 101.019, Florida Statutes, is created
  511  to read:
  512         101.019Ranked-choice voting prohibited.—
  513         (1) A ranked-choice voting method that allows voters to
  514  rank candidates for an office in order of preference and have
  515  ballots cast be tabulated in multiple rounds following the
  516  elimination of a candidate until a single candidate attains a
  517  majority may not be used in determining the election or
  518  nomination of any candidate to any local, state, or federal
  519  elective office in this state.
  520         (2) Any existing or future ordinance enacted or adopted by
  521  a county, a municipality, or any other local governmental entity
  522  which is in conflict with this section is void.
  523         Section 11. Paragraph (a) of subsection (4) and subsection
  524  (8) of section 101.5614, Florida Statutes, are amended to read:
  525         101.5614 Canvass of returns.—
  526         (4)(a) If any vote-by-mail ballot is physically damaged so
  527  that it cannot properly be counted by the voting system’s
  528  automatic tabulating equipment, a true duplicate copy shall be
  529  made of the damaged ballot in an open and accessible room in the
  530  presence of witnesses and substituted for the damaged ballot.
  531  Likewise, a duplicate ballot shall be made of a vote-by-mail
  532  ballot containing an overvoted race if there is a clear
  533  indication on the ballot that the voter has made a definite
  534  choice in the overvoted race or ballot measure. A duplicate
  535  shall include all valid votes as determined by the canvassing
  536  board based on rules adopted by the division pursuant to s.
  537  102.166(4). A duplicate may be made of a ballot containing an
  538  undervoted race or ballot measure if there is a clear indication
  539  on the ballot that the voter has made a definite choice in the
  540  undervoted race or ballot measure. A duplicate may not include a
  541  vote if the voter’s intent in such race or on such measure is
  542  not clear. Upon request, a physically present candidate, a
  543  political party official, a political committee official, or an
  544  authorized designee thereof, must be allowed to observe the
  545  duplication of ballots upon signing an affidavit affirming his
  546  or her acknowledgment that disclosure of election results
  547  discerned from observing the ballot duplication process while
  548  the election is ongoing is a felony, as provided under
  549  subsection (8). The observer must be allowed to observe the
  550  duplication of ballots in such a way that the observer is able
  551  to see the markings on each ballot and the duplication taking
  552  place. All duplicate ballots must be clearly labeled
  553  “duplicate,” bear a serial number which shall be recorded on the
  554  defective ballot, and be counted in lieu of the defective
  555  ballot. The duplication of ballots must happen in the presence
  556  of at least one canvassing board member. After a ballot has been
  557  duplicated, the defective ballot shall be placed in an envelope
  558  provided for that purpose, and the duplicate ballot shall be
  559  tallied with the other ballots for that precinct. If any
  560  observer makes a reasonable objection to a duplicate of a
  561  ballot, the ballot must be presented to the canvassing board for
  562  a determination of the validity of the duplicate. The canvassing
  563  board must document the serial number of the ballot in the
  564  canvassing board’s minutes. The canvassing board must decide
  565  whether the duplication is valid. If the duplicate ballot is
  566  determined to be valid, the duplicate ballot must be counted. If
  567  the duplicate ballot is determined to be invalid, the duplicate
  568  ballot must be rejected and a proper duplicate ballot must be
  569  made and counted in lieu of the original.
  570         (8) Any supervisor of elections, deputy supervisor of
  571  elections, canvassing board member, election board member, or
  572  election employee, or other person authorized to observe,
  573  review, or inspect ballot materials or observe canvassing who
  574  releases any information about votes cast for or against any
  575  candidate or ballot measure or any the results of any election
  576  before prior to the closing of the polls in that county on
  577  election day commits a felony of the third degree, punishable as
  578  provided in s. 775.082, s. 775.083, or s. 775.084.
  579         Section 12. Effective January 1, 2024, subsections (1),
  580  (2), (3), (5), and (7) of section 101.6103, Florida Statutes,
  581  are amended to read:
  582         101.6103 Mail ballot election procedure.—
  583         (1) Except as otherwise provided in subsection (7), the
  584  supervisor of elections shall mail all official ballots with a
  585  secrecy envelope, a certificate envelope, a return mailing
  586  envelope, and instructions sufficient to describe the voting
  587  process to each elector entitled to vote in the election not
  588  sooner than the 20th day before the election and not later than
  589  the 10th day before the date of the election. All such ballots
  590  shall be mailed by first-class mail. Ballots shall be addressed
  591  to each elector at the address appearing in the registration
  592  records and placed in an envelope which is prominently marked
  593  “Do Not Forward.”
  594         (2) Upon receipt of the ballot the elector shall mark the
  595  ballot, place it in the secrecy envelope, place the secrecy
  596  envelope into the certificate envelope and sign the voter’s
  597  certificate, and then place the certificate envelope into the
  598  return mailing envelope supplied with the ballot, and comply
  599  with the instructions provided with the ballot. The elector
  600  shall mail, deliver, or have delivered the marked ballot so that
  601  it reaches the supervisor of elections no later than 7 p.m. on
  602  the day of the election. The ballot must be returned in the
  603  certificate envelope and then enclosed in the return mailing
  604  envelope.
  605         (3) The certificate return mailing envelope must bear a
  606  certificate in substantially the form prescribed by s.
  607  101.64(1)(a) shall contain a statement in substantially the
  608  following form:
  609  
  610                         VOTER’S CERTIFICATE                       
  611  
  612         I, ...(Print Name)..., do solemnly swear (or affirm) that I
  613  am a qualified voter in this election and that I have not and
  614  will not vote more than one ballot in this election.
  615         I understand that failure to sign this certificate and give
  616  my residence address will invalidate my ballot.
  617  
  618  ...(Signature)...
  619  ...(Residence Address)...
  620  
  621         (5) A ballot shall be counted only if:
  622         (a) It is returned in the certificate envelope and return
  623  mailing envelope;
  624         (b) The elector’s signature has been verified as provided
  625  in this subsection; and
  626         (c) It is received by the supervisor of elections not later
  627  than 7 p.m. on the day of the election.
  628  
  629  The supervisor of elections shall open the return mailing
  630  envelope and verify the signature and the provided identifying
  631  number of each elector on the certificate return mailing
  632  envelope with the signature and the number in on the elector’s
  633  registration records. Such verification may commence at any time
  634  before prior to the canvass of votes. The supervisor of
  635  elections shall safely keep the ballot unopened in his or her
  636  office until the county canvassing board canvasses the vote. If
  637  the supervisor of elections determines that an elector to whom a
  638  replacement ballot has been issued under subsection (4) has
  639  voted more than once, the canvassing board shall determine which
  640  ballot, if any, is to be counted.
  641         (7) With respect to absent electors overseas entitled to
  642  vote in the election, the supervisor of elections shall mail an
  643  official ballot with a secrecy envelope, a certificate envelope,
  644  a return mailing envelope, and instructions sufficient to
  645  describe the voting process to each such elector on a date
  646  sufficient to allow such elector time to vote in the election
  647  and to have his or her marked ballot reach the supervisor by 7
  648  p.m. on the day of the election.
  649         Section 13. Effective January 1, 2024, section 101.6104,
  650  Florida Statutes, is amended to read:
  651         101.6104 Challenge of votes.—If any elector present for the
  652  canvass of votes believes that any ballot is illegal due to any
  653  defect apparent on the voter’s certificate, the elector may, at
  654  any time before the ballot is removed from the certificate
  655  envelope, file with the canvassing board a protest against the
  656  canvass of such ballot, specifying the reason he or she believes
  657  the ballot to be illegal. No challenge based upon any defect on
  658  the voter’s certificate shall be accepted after the ballot has
  659  been removed from the certificate return mailing envelope.
  660         Section 14. Effective January 1, 2024, paragraphs (a) and
  661  (c) of subsection (1) and subsection (2) of section 101.64,
  662  Florida Statutes, are amended to read:
  663         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
  664         (1)(a) The supervisor shall enclose with each vote-by-mail
  665  ballot three two envelopes: a secrecy envelope, into which the
  666  absent elector shall enclose his or her marked ballot; a
  667  certificate envelope, into which the absent elector shall place
  668  the secrecy envelope; and a mailing envelope, into which the
  669  absent elector shall then place the secrecy envelope and the
  670  certificate envelope, which shall be addressed to the
  671  supervisor. The certificate envelope must and also bear on the
  672  back side a certificate in substantially the following form:
  673  
  674           Note: Please Read Instructions Carefully Before         
  675         Marking Ballot and Completing Voter’s Certificate.        
  676  
  677                         VOTER’S CERTIFICATE                       
  678         I, ...., do solemnly swear or affirm that I am a qualified
  679  and registered voter of .... County, Florida, and that I have
  680  not and will not vote more than one ballot in this election. I
  681  understand that if I commit or attempt to commit any fraud in
  682  connection with voting, vote a fraudulent ballot, or vote more
  683  than once in an election, I can be convicted of a felony of the
  684  third degree and fined up to $5,000 and/or imprisoned for up to
  685  5 years. I also understand that failure to sign this certificate
  686  will invalidate my ballot.
  687  ...(Date)...                           ...(Voter’s Signature)...
  688  ...(E-Mail Address)...             ...(Home Telephone Number)...
  689  ...(Mobile Telephone Number)...
  690  
  691          ...(Last four digits of Florida Driver License (FL DL) or
  692  Florida Identification Card (FL ID) number)...
  693  
  694         ...(If no FL DL or FL ID, then provide last four digits
  695  of your social security number)...
  696         (c) The A mailing envelope, the certificate envelope, or
  697  the secrecy envelope may not bear any indication of the
  698  political affiliation of an absent elector.
  699         (2) The voter’s certificate shall be arranged on the back
  700  of the mailing envelope so that the line for the signature of
  701  the absent elector is across the seal of the envelope; however,
  702  no statement shall appear on the envelope which indicates that a
  703  signature of the voter must cross the seal of the envelope. The
  704  absent elector shall execute the certificate on the envelope.
  705         Section 15. Effective January 1, 2024, section 101.65,
  706  Florida Statutes, is amended to read:
  707         101.65 Instructions to absent electors.—The supervisor
  708  shall enclose with each vote-by-mail ballot separate printed
  709  instructions in substantially the following form; however, where
  710  the instructions appear in capitalized text, the text of the
  711  printed instructions must be in bold font:
  712  
  713                  READ THESE INSTRUCTIONS CAREFULLY                
  714                       BEFORE MARKING BALLOT.                      
  715  
  716         1. VERY IMPORTANT. In order to ensure that your vote-by
  717  mail ballot will be counted, it should be completed and returned
  718  as soon as possible so that it can reach the supervisor of
  719  elections of the county in which your precinct is located no
  720  later than 7 p.m. on the day of the election. However, if you
  721  are an overseas voter casting a ballot in a presidential
  722  preference primary or general election, your vote-by-mail ballot
  723  must be postmarked or dated no later than the date of the
  724  election and received by the supervisor of elections of the
  725  county in which you are registered to vote no later than 10 days
  726  after the date of the election. Note that the later you return
  727  your ballot, the less time you will have to cure any signature
  728  deficiencies, which is authorized until 5 p.m. on the 2nd day
  729  after the election.
  730         2. Mark your ballot in secret as instructed on the ballot.
  731  You must mark your own ballot unless you are unable to do so
  732  because of blindness, disability, or inability to read or write.
  733         3. Mark only the number of candidates or issue choices for
  734  a race as indicated on the ballot. If you are allowed to “Vote
  735  for One” candidate and you vote for more than one candidate,
  736  your vote in that race will not be counted.
  737         4. Place your marked ballot in the enclosed secrecy
  738  envelope.
  739         5. Insert the secrecy envelope into the enclosed
  740  certificate envelope. Seal the envelope and completely fill out
  741  the Voter’s Certificate on the envelope mailing envelope which
  742  is addressed to the supervisor.
  743         6. Seal the mailing envelope and completely fill out the
  744  Voter’s Certificate on the back of the mailing envelope.
  745         7. VERY IMPORTANT. In order for your vote-by-mail ballot to
  746  be counted, you must sign your name on the line above (Voter’s
  747  Signature) on the certificate envelope. A vote-by-mail ballot
  748  will be considered illegal and not be counted if the signature
  749  on the voter’s certificate does not match the signature on
  750  record. The signature on file at the time the supervisor of
  751  elections in the county in which your precinct is located
  752  receives your vote-by-mail ballot is the signature that will be
  753  used to verify your signature on the voter’s certificate. If you
  754  need to update your signature for this election, send your
  755  signature update on a voter registration application to your
  756  supervisor of elections so that it is received before your vote
  757  by-mail ballot is received.
  758         7. VERY IMPORTANT. In order for your vote-by-mail ballot to
  759  be counted, you must also enter in the space provided on the
  760  Voter’s Certificate the last four digits of your Florida driver
  761  license number or the last four digits of your Florida
  762  identification card number, or, if you have neither a Florida
  763  driver license or a Florida identification card, the last four
  764  digits of your social security number. A vote-by-mail ballot
  765  will be considered illegal and not be counted if the number
  766  provided does not match a number in the supervisor’s records.
  767         8. VERY IMPORTANT. If you are an overseas voter, you must
  768  include the date you signed the Voter’s Certificate on the line
  769  above (Date) or your ballot may not be counted.
  770         9. Place the certificate envelope into the enclosed mailing
  771  envelope addressed to the supervisor and seal the mailing
  772  envelope.
  773         10. Mail, deliver, or have delivered the completed mailing
  774  envelope. Be sure there is sufficient postage if mailed. THE
  775  COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
  776  SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
  777  LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX,
  778  AVAILABLE AT EACH EARLY VOTING LOCATION.
  779         11.10. FELONY NOTICE. It is a felony under Florida law to
  780  accept any gift, payment, or gratuity in exchange for your vote
  781  for a candidate. It is also a felony under Florida law to vote
  782  in an election using a false identity or false address, or under
  783  any other circumstances making your ballot false or fraudulent.
  784         Section 16. Effective January 1, 2024, subsection (1),
  785  paragraph (c) of subsection (2), and paragraph (a) of subsection
  786  (4) of section 101.68, Florida Statutes, are amended to read:
  787         101.68 Canvassing of vote-by-mail ballot.—
  788         (1) The supervisor of the county where the absent elector
  789  resides shall receive the voted ballot. Upon receipt, at which
  790  time the supervisor shall open the mailing envelope and then
  791  compare the signature and the provided partial driver license
  792  number, identification card number, or social security number of
  793  the elector on the voter’s certificate with the signature and
  794  the partial identification number of the elector in the
  795  registration books or the precinct register to determine whether
  796  the elector is duly registered in the county and must record on
  797  the elector’s registration record that the elector has voted.
  798  During the verification signature comparison process, the
  799  supervisor may not use any knowledge of the political
  800  affiliation of the voter whose signature and partial
  801  identification number are is subject to verification. An elector
  802  who dies after casting a vote-by-mail ballot but on or before
  803  election day shall remain listed in the registration books until
  804  the results have been certified for the election in which the
  805  ballot was cast. The supervisor shall safely keep the ballot
  806  unopened in his or her office until the county canvassing board
  807  canvasses the vote. Except as provided in subsection (4), after
  808  a vote-by-mail ballot is received by the supervisor, the ballot
  809  is deemed to have been cast, and changes or additions may not be
  810  made to the voter’s certificate.
  811         (2)
  812         (c)1. The canvassing board must, if the supervisor has not
  813  already done so, compare the signature of the elector on the
  814  voter’s certificate or on the vote-by-mail ballot cure affidavit
  815  as provided in subsection (4) with the signature of the elector
  816  in the registration books or the precinct register to see that
  817  the elector is duly registered in the county and to determine
  818  the legality of that vote-by-mail ballot. In addition, if the
  819  supervisor has not already done so, the canvassing board must
  820  also determine if the elector provided the last four digits of
  821  his or her Florida driver license number, the last four digits
  822  of his or her Florida identification card number, or the last
  823  four digits of his or her social security number in the
  824  appropriate space on the voter’s certificate and that the number
  825  provided matches the supervisor’s records.
  826         2. A vote-by-mail ballot may only be counted if the
  827  criteria under both sub-subparagraphs a. and b. are met:
  828         a.(I) The signature on the voter’s certificate or the cure
  829  affidavit matches the elector’s signature in the registration
  830  books or precinct register; however, in the case of a cure
  831  affidavit, the supporting identification listed in subsection
  832  (4) must also confirm the identity of the elector; or
  833         (II)b. The cure affidavit contains a signature that does
  834  not match the elector’s signature in the registration books or
  835  precinct register, but the elector has submitted a current and
  836  valid Tier 1 identification pursuant to subsection (4) which
  837  confirms the identity of the elector.
  838         b.(I) The elector provided the last four digits of his or
  839  her Florida driver license number, Florida identification card
  840  number, or social security number on the voter’s certificate
  841  which matches the supervisor’s records; however, in the case of
  842  a cure affidavit, the supporting identification listed in
  843  subsection (4) must also confirm the identity of the elector; or
  844         (II) The cure affidavit does not contain the last four
  845  digits of a Florida driver license number, Florida
  846  identification card number, or social security number which
  847  matches a number in the supervisor’s records, but the elector
  848  has submitted a current and valid Tier 1 identification pursuant
  849  to subsection (4) which confirms the identity of the elector.
  850  
  851  For purposes of this subparagraph, any canvassing board finding
  852  that an elector’s signatures do not match must be by majority
  853  vote and beyond a reasonable doubt.
  854         3.2. The ballot of an elector who casts a vote-by-mail
  855  ballot shall be counted even if the elector dies on or before
  856  election day, as long as, before the death of the voter, the
  857  ballot was postmarked by the United States Postal Service, date
  858  stamped with a verifiable tracking number by a common carrier,
  859  or already in the possession of the supervisor.
  860         4.3. A vote-by-mail ballot is not considered illegal if the
  861  signature of the elector does not cross the seal of the
  862  certificate mailing envelope.
  863         5.4. If any elector or candidate present believes that a
  864  vote-by-mail ballot is illegal due to a defect apparent on the
  865  voter’s certificate or the cure affidavit, he or she may, at any
  866  time before the ballot is removed from the certificate envelope,
  867  file with the canvassing board a protest against the canvass of
  868  that ballot, specifying the precinct, the voter’s certificate or
  869  the cure affidavit, and the reason he or she believes the ballot
  870  to be illegal. A challenge based upon a defect in the voter’s
  871  certificate or cure affidavit may not be accepted after the
  872  ballot has been removed from the certificate mailing envelope.
  873         6.5. If the canvassing board determines that a ballot is
  874  illegal, a member of the board must, without opening the
  875  certificate envelope, mark across the face of the envelope:
  876  “rejected as illegal.” The cure affidavit, if applicable, the
  877  envelope, and the ballot therein shall be preserved in the
  878  manner that official ballots are preserved.
  879         (4)(a) As soon as practicable, the supervisor shall, on
  880  behalf of the county canvassing board, attempt to notify an
  881  elector who has returned a vote-by-mail ballot that does not
  882  include the elector’s signature or contains a signature that
  883  does not match the elector’s signature in the registration books
  884  or precinct register, that does not include the last four digits
  885  of the elector’s Florida driver license number, Florida
  886  identification card number, or social security number, or on
  887  which the number provided does not match the supervisor’s
  888  records, by:
  889         1. Notifying the elector of the signature deficiency by e
  890  mail and directing the elector to the cure affidavit and
  891  instructions on the supervisor’s website;
  892         2. Notifying the elector of the signature deficiency by
  893  text message and directing the elector to the cure affidavit and
  894  instructions on the supervisor’s website; or
  895         3. Notifying the elector of the signature deficiency by
  896  telephone and directing the elector to the cure affidavit and
  897  instructions on the supervisor’s website.
  898  
  899  In addition to the notification required under subparagraph 1.,
  900  subparagraph 2., or subparagraph 3., the supervisor must notify
  901  the elector of the signature deficiency by first-class mail and
  902  direct the elector to the cure affidavit and instructions on the
  903  supervisor’s website. Beginning the day before the election, the
  904  supervisor is not required to provide notice of the signature
  905  deficiency by first-class mail, but shall continue to provide
  906  notice as required under subparagraph 1., subparagraph 2., or
  907  subparagraph 3.
  908         Section 17. Effective January 1, 2024, subsections (2) and
  909  (4) of section 101.6921, Florida Statutes, are amended to read:
  910         101.6921 Delivery of special vote-by-mail ballot to certain
  911  first-time voters.—
  912         (2) The supervisor shall enclose with each vote-by-mail
  913  ballot three envelopes: a secrecy envelope, into which the
  914  absent elector will enclose his or her marked ballot; the
  915  certificate an envelope containing the Voter’s Certificate, into
  916  which the absent elector shall place the secrecy envelope; and a
  917  mailing envelope, which shall be addressed to the supervisor and
  918  into which the absent elector will place the certificate
  919  envelope containing the Voter’s Certificate and a copy of the
  920  required identification.
  921         (4) The certificate shall be arranged on the back of the
  922  certificate envelope so that the line for the signature of the
  923  absent elector is across the seal of the envelope.
  924         Section 18. Effective January 1, 2024, section 101.6923,
  925  Florida Statutes, is amended to read:
  926         101.6923 Special vote-by-mail ballot instructions for
  927  certain first-time voters.—
  928         (1) The provisions of this section apply to voters who are
  929  subject to the provisions of s. 97.0535 and who have not
  930  provided the identification or information required by s.
  931  97.0535 by the time the vote-by-mail ballot is mailed.
  932         (2) A voter covered by this section shall be provided with
  933  printed instructions with his or her vote-by-mail ballot in
  934  substantially the following form:
  935  
  936         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
  937         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
  938         YOUR BALLOT NOT TO COUNT.
  939  
  940         1. In order to ensure that your vote-by-mail ballot will be
  941  counted, it should be completed and returned as soon as possible
  942  so that it can reach the supervisor of elections of the county
  943  in which your precinct is located no later than 7 p.m. on the
  944  date of the election. However, if you are an overseas voter
  945  casting a ballot in a presidential preference primary or general
  946  election, your vote-by-mail ballot must be postmarked or dated
  947  no later than the date of the election and received by the
  948  supervisor of elections of the county in which you are
  949  registered to vote no later than 10 days after the date of the
  950  election.
  951         2. Mark your ballot in secret as instructed on the ballot.
  952  You must mark your own ballot unless you are unable to do so
  953  because of blindness, disability, or inability to read or write.
  954         3. Mark only the number of candidates or issue choices for
  955  a race as indicated on the ballot. If you are allowed to “Vote
  956  for One” candidate and you vote for more than one, your vote in
  957  that race will not be counted.
  958         4. Place your marked ballot in the enclosed secrecy
  959  envelope and seal the envelope.
  960         5. Insert the secrecy envelope into the enclosed envelope
  961  bearing the Voter’s Certificate. Seal the certificate envelope
  962  and completely fill out the Voter’s Certificate on the back of
  963  the envelope.
  964         a. You must sign your name on the line above (Voter’s
  965  Signature).
  966         b. If you are an overseas voter, you must include the date
  967  you signed the Voter’s Certificate on the line above (Date) or
  968  your ballot may not be counted.
  969         c. A vote-by-mail ballot will be considered illegal and
  970  will not be counted if the signature on the Voter’s Certificate
  971  does not match the signature on record. The signature on file at
  972  the start of the canvass of the vote-by-mail ballots is the
  973  signature that will be used to verify your signature on the
  974  Voter’s Certificate. If you need to update your signature for
  975  this election, send your signature update on a voter
  976  registration application to your supervisor of elections so that
  977  it is received before your vote-by-mail ballot is received.
  978         6. Unless you meet one of the exemptions in Item 7., you
  979  must make a copy of one of the following forms of
  980  identification:
  981         a. Identification which must include your name and
  982  photograph: United States passport; debit or credit card;
  983  military identification; student identification; retirement
  984  center identification; neighborhood association identification;
  985  public assistance identification; veteran health identification
  986  card issued by the United States Department of Veterans Affairs;
  987  a Florida license to carry a concealed weapon or firearm; or an
  988  employee identification card issued by any branch, department,
  989  agency, or entity of the Federal Government, the state, a
  990  county, or a municipality; or
  991         b. Identification which shows your name and current
  992  residence address: current utility bill, bank statement,
  993  government check, paycheck, or government document (excluding
  994  voter information card).
  995         7. The identification requirements of Item 6. do not apply
  996  if you meet one of the following requirements:
  997         a. You are 65 years of age or older.
  998         b. You have a temporary or permanent physical disability.
  999         c. You are a member of a uniformed service on active duty
 1000  who, by reason of such active duty, will be absent from the
 1001  county on election day.
 1002         d. You are a member of the Merchant Marine who, by reason
 1003  of service in the Merchant Marine, will be absent from the
 1004  county on election day.
 1005         e. You are the spouse or dependent of a member referred to
 1006  in paragraph c. or paragraph d. who, by reason of the active
 1007  duty or service of the member, will be absent from the county on
 1008  election day.
 1009         f. You are currently residing outside the United States.
 1010         8. Place the certificate envelope bearing the Voter’s
 1011  Certificate into the mailing envelope addressed to the
 1012  supervisor. Insert a copy of your identification in the mailing
 1013  envelope. DO NOT PUT YOUR IDENTIFICATION INSIDE THE SECRECY
 1014  ENVELOPE WITH THE BALLOT OR INSIDE THE CERTIFICATE ENVELOPE
 1015  WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR BALLOT WILL NOT
 1016  COUNT.
 1017         9. Mail, deliver, or have delivered the completed mailing
 1018  envelope. Be sure there is sufficient postage if mailed.
 1019         10. FELONY NOTICE. It is a felony under Florida law to
 1020  accept any gift, payment, or gratuity in exchange for your vote
 1021  for a candidate. It is also a felony under Florida law to vote
 1022  in an election using a false identity or false address, or under
 1023  any other circumstances making your ballot false or fraudulent.
 1024         Section 19. Effective January 1, 2024, subsection (3) of
 1025  section 101.6925, Florida Statutes, is amended to read:
 1026         101.6925 Canvassing special vote-by-mail ballots.—
 1027         (3) If the identification is not enclosed in the mailing
 1028  envelope and the voter has not indicated that he or she is
 1029  exempt from the identification requirements, the supervisor
 1030  shall check the voter registration records to determine if the
 1031  voter’s identification was previously received or the voter had
 1032  previously notified the supervisor that he or she was exempt.
 1033  The certificate envelope with the Voter’s Certificate shall not
 1034  be opened unless the identification has been received or the
 1035  voter has indicated that he or she is exempt. The ballot shall
 1036  be treated as a provisional ballot until 7 p.m. on election day
 1037  and shall not be canvassed unless the supervisor has received
 1038  the required identification or written indication of exemption
 1039  by 7 p.m. on election day.
 1040         Section 20. Section 102.091, Florida Statutes, is amended
 1041  to read:
 1042         102.091 Duty of sheriff to watch for violations;
 1043  appointment of special officers.—
 1044         (1) The sheriff shall exercise strict vigilance in the
 1045  detection of any violations of the election laws and in
 1046  apprehending the violators.
 1047         (2) The Governor, in consultation with the executive
 1048  director of the Department of Law Enforcement, shall may appoint
 1049  special officers to investigate alleged violations of the
 1050  election laws, when it is deemed necessary to see that violators
 1051  of the election laws are apprehended and punished. A special
 1052  officer must be a sworn special agent employed by the Department
 1053  of Law Enforcement. At least one special officer must be
 1054  designated in each operational region of the Department of Law
 1055  Enforcement to serve as a dedicated investigator of alleged
 1056  violations of the election laws. Appointment as a special
 1057  officer does not preclude a sworn special agent from conducting
 1058  other investigations of alleged violations of law, provided that
 1059  such other investigations do not hinder or interfere with the
 1060  individual’s ability to investigate alleged violations of the
 1061  election laws.
 1062         Section 21. Section 102.101, Florida Statutes, is amended
 1063  to read:
 1064         102.101 Sheriff and other officers not allowed in polling
 1065  place.—A No sheriff, a deputy sheriff, a police officer, a
 1066  special officer appointed pursuant to s. 102.091, or any other
 1067  officer of the law is not shall be allowed within a the polling
 1068  place without permission from the clerk or a majority of the
 1069  inspectors, except to cast his or her ballot. Upon the failure
 1070  of any such officer of said officers to comply with this section
 1071  provision, the clerk or the inspectors must or any one of them
 1072  shall make an affidavit against the such officer for his or her
 1073  arrest.
 1074         Section 22. Subsection (2) of section 104.0616, Florida
 1075  Statutes, is amended to read:
 1076         104.0616 Vote-by-mail ballots and voting; violations.—
 1077         (2) Any person who distributes, orders, requests, collects,
 1078  delivers, or otherwise physically possesses more than two vote
 1079  by-mail ballots per election in addition to his or her own
 1080  ballot or a ballot belonging to an immediate family member,
 1081  except as provided in ss. 101.6105-101.694, including supervised
 1082  voting at assisted living facilities and nursing home facilities
 1083  as authorized under s. 101.655, commits a felony misdemeanor of
 1084  the third first degree, punishable as provided in s. 775.082, or
 1085  s. 775.083, or s. 775.084.
 1086         Section 23. Subsection (2) of section 104.185, Florida
 1087  Statutes, is amended to read:
 1088         104.185 Petitions; knowingly signing more than once;
 1089  signing another person’s name or a fictitious name.—
 1090         (2) A person who signs another person’s name or a
 1091  fictitious name to any petition to secure ballot position for a
 1092  candidate, a minor political party, or an issue commits a felony
 1093  misdemeanor of the third first degree, punishable as provided in
 1094  s. 775.082, or s. 775.083, or s. 775.084.
 1095         Section 24. Section 104.186, Florida Statutes, is amended
 1096  to read:
 1097         104.186 Initiative petitions; violations.—A person who
 1098  compensates a petition circulator as defined in s. 97.021 based
 1099  on the number of petition forms gathered commits a felony
 1100  misdemeanor of the third first degree, punishable as provided in
 1101  s. 775.082, or s. 775.083, or s. 775.084. This section does not
 1102  prohibit employment relationships that do not base payment on
 1103  the number of signatures collected.
 1104         Section 25. Paragraph (a) of subsection (3) of section
 1105  921.0022, Florida Statutes, is amended to read:
 1106         921.0022 Criminal Punishment Code; offense severity ranking
 1107  chart.—
 1108         (3) OFFENSE SEVERITY RANKING CHART
 1109         (a) LEVEL 1
 1110  
 1111  FloridaStatute          FelonyDegree          Description          
 1112  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
 1113  104.0616(2)                 3rd     Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.
 1114  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
 1115  212.15(2)(b)                3rd     Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
 1116  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
 1117  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
 1118  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
 1119  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 1120  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
 1121  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
 1122  322.212(5)(a)               3rd     False application for driver license or identification card.
 1123  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 1124  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
 1125  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value $1,000 or more.
 1126  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
 1127  713.69                      3rd     Tenant removes property upon which lien has accrued, value $1,000 or more.
 1128  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 1129  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
 1130  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
 1131  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
 1132  826.01                      3rd     Bigamy.                        
 1133  828.122(3)                  3rd     Fighting or baiting animals.   
 1134  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 1135  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 1136  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
 1137  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
 1138  838.15(2)                   3rd     Commercial bribe receiving.    
 1139  838.16                      3rd     Commercial bribery.            
 1140  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
 1141  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 1142  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
 1143  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
 1144  849.25(2)                   3rd     Engaging in bookmaking.        
 1145  860.08                      3rd     Interfere with a railroad signal.
 1146  860.13(1)(a)                3rd     Operate aircraft while under the influence.
 1147  893.13(2)(a)2.              3rd     Purchase of cannabis.          
 1148  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
 1149  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 1150  
 1151  
 1152  
 1153         Section 26. By January 1, 2023, the Department of State
 1154  shall submit to the President of the Senate and the Speaker of
 1155  the House of Representatives a report detailing a plan to obtain
 1156  a Florida driver license number or Florida identification card
 1157  number and the last four digits of a social security number from
 1158  each registered voter who does not have any such number on file
 1159  in the Florida Voter Registration System. The plan must include,
 1160  if needed, details on any funding that may be required for its
 1161  implementation. The plan must provide for its completion by
 1162  December 31, 2023.
 1163         Section 27. Except as otherwise expressly provided in this
 1164  act, this act shall take effect upon becoming a law.