Florida Senate - 2025 SB 1414
By Senator Ingoglia
11-01100B-25 20251414__
1 A bill to be entitled
2 An act relating to elections; amending s. 15.21, F.S.;
3 conforming a cross-reference; amending s. 16.061,
4 F.S.; revising the criteria that the Attorney General
5 uses when petitioning the Supreme Court for an
6 advisory opinion related to a proposed revision or
7 amendment to the State Constitution; amending s.
8 97.012, F.S.; revising a provision requiring that the
9 Secretary of State provide certain mandatory signature
10 matching training; amending s. 97.021, F.S.; deleting
11 the definition of the term “petition circulator”;
12 revising definitions; amending s. 97.022, F.S.;
13 revising the authority and responsibilities of the
14 Office of Election Crimes and Security; authorizing
15 the office to issue subpoenas and subpoenas duces
16 tecum to bring any person before certain
17 representatives and require the production of
18 specified records; authorizing the office to file a
19 complaint in circuit court to enforce such subpoenas;
20 requiring the court to direct the witness to comply
21 with the subpoena or punish the witness accordingly;
22 providing an exception; requiring sheriffs to serve
23 and execute all process associated with such action;
24 requiring the office to pay the sheriffs for such
25 service; authorizing the office to adopt rules;
26 creating s. 97.027, F.S.; requiring specified persons
27 to undergo signature matching training; requiring the
28 Department of State to adopt certain rules; amending
29 s. 97.051, F.S.; revising the oath a person
30 registering to vote must subscribe to; amending s.
31 97.0525, F.S.; requiring that the online voter
32 registration system generate a certain notice under a
33 specified circumstance; amending s. 97.053, F.S.;
34 requiring supervisors of elections to update a voter’s
35 record if provided specified information by the
36 applicant after registration; providing that such
37 updates are retroactive to the date the application
38 was received; requiring an applicant to provide
39 evidence to the supervisor sufficient to prove the
40 applicant’s legal status as a United States citizen
41 under specified circumstances; requiring the
42 supervisor to place such applicant on the voter rolls
43 under a specified circumstance; authorizing an
44 applicant that has not provided such evidence to vote
45 a provisional ballot; providing that such ballot may
46 be counted only if the applicant can verify his or her
47 legal status within a specified timeframe; revising
48 the timeframe after receipt in which a voter
49 registration official must enter the voter
50 registration applications into the system; amending s.
51 97.057, F.S.; requiring the Department of State to
52 provide certain information to the Department of
53 Highway Safety and Motor Vehicles; requiring the
54 Department of Highway Safety and Motor Vehicles to
55 assist the Department of State with identifying
56 changes in residential addresses in accordance with a
57 specified provision; amending s. 97.0575, F.S.;
58 requiring third party voter registration organizations
59 to deliver voter registration applications to the
60 supervisor of the county, rather than the division, in
61 which the voter resides under specified circumstances;
62 providing civil penalties; amending s. 97.1031, F.S.;
63 deleting a provision authorizing a voter to change his
64 or her address by submitting other signed written
65 notice; revising the timeframe in which a voter
66 registration official must make necessary changes to a
67 voter’s records to within 7 days after receipt;
68 amending s. 98.015, F.S.; requiring that the main and
69 permanent branch offices of the supervisor be open for
70 specified times and days; requiring supervisors to
71 provide a list identifying nonresidential addresses in
72 a specified manner; amending s. 98.045, F.S.;
73 requiring supervisors to make a certain determination
74 within a specified timeframe related to a voter
75 registration applicant who was previously removed for
76 ineligibility and to follow specified procedures to
77 notify the applicant, if applicable; requiring
78 supervisors to remove the name of a voter who
79 subsequently registers in another state to vote within
80 a specified timeframe of receipt of such information;
81 amending s. 98.065, F.S.; authorizing supervisors to
82 use certain credible and reliable sources of
83 commercially available data to compare certain records
84 and conduct address list maintenance; amending s.
85 98.075, F.S.; authorizing the Department of State to
86 enter into memorandums of understanding with other
87 state governments and share confidential and exempt
88 information with such governments; requiring that such
89 governments maintain the confidentiality of such
90 information; requiring the Department of Highway
91 Safety and Motor Vehicles to provide driver license
92 and Florida identification card information to such
93 governments; requiring supervisors to remove the name
94 of a deceased voter under specified circumstances;
95 creating s. 98.094, F.S.; requiring that lists of
96 registered voters be provided to federal courts for a
97 specified purpose under a certain condition; requiring
98 federal jury coordinators to prepare or cause to be
99 prepared a certain list; requiring that such list be
100 sent to the Division of Elections periodically;
101 requiring that jury coordinators provide the division
102 with specified information about each disqualified
103 juror; requiring the supervisor to use such list to
104 conduct list maintenance or eligibility maintenance
105 procedures; amending s. 98.212, F.S.; requiring
106 supervisors to provide information as may be requested
107 by the Department of State and to the Legislature;
108 authorizing the department to adopt rules; amending s.
109 99.012, F.S.; conforming a cross-reference; amending
110 s. 99.021, F.S.; authorizing qualified candidates and
111 political parties with such candidates to challenge
112 another candidate’s compliance with a specified oath
113 in a certain circuit court; prohibiting a person from
114 qualifying as a candidate and appearing on the ballot
115 if a court order becomes final and makes certain
116 determinations; amending s. 99.061, F.S.; revising the
117 periods in which a person may qualify as a candidate;
118 revising the qualifying period for federal offices
119 following reapportionment; authorizing candidates for
120 constitutional office to file a certain receipt or
121 verification in lieu of filing a full and public
122 disclosure of financial interests and all other
123 candidates to instead file a certain receipt or
124 verification of filing a statement of financial
125 interests for qualifying only; requiring the
126 department to process qualifying papers within a
127 specified timeframe; providing that a cashier’s check
128 purchased from the candidate’s campaign account may be
129 used to pay the qualifying fee; specifying that a
130 candidate has a specified timeframe to pay the
131 qualifying fee under specified circumstances;
132 specifying that a certain form does not need to be re
133 submitted under certain circumstances; amending s.
134 99.092, F.S.; requiring the Division of Elections to
135 create a uniform petition form for candidates to
136 gather signatures for a candidate petition; requiring
137 that the form solicit specified information; requiring
138 that the form include a certain notice; amending s.
139 99.095, F.S.; authorizing a supervisor of elections to
140 verify certain signatures only if a certain petition
141 form is used; amending s. 99.097, F.S.; conforming a
142 cross-reference; requiring that a signature on a
143 petition be verified if the voter is active;
144 prohibiting a supervisor from updating a voter’s
145 address on file under a certain circumstance;
146 authorizing a candidate in a candidate contest to
147 contest signature verification of his or her opponent
148 in such contest, and the chairperson of the political
149 committee that sponsors or the chairperson of a
150 political committee that opposes an issue in an issue
151 contest to contest signature verification of such
152 issue; revising the procedures to contest signature
153 verifications; amending s. 100.191, F.S.; providing
154 that all laws that apply to primary and general
155 elections apply to special primary and special
156 elections; requiring the Elections Canvassing
157 Commission to certify results in accordance with a
158 specified provision; amending s. 100.371, F.S.;
159 requiring sponsors of an initiative amendment to
160 register as political committees before circulating
161 any initiative petition forms to voters; deleting
162 obsolete language; requiring the division to assign
163 initiative petitions a petition number and create a
164 certain form; providing requirements for such form;
165 requiring that the form contain a certain notice;
166 deleting provisions relating to citizen challenges of
167 petition circulator registration; deleting provisions
168 relating to applications for registration of a
169 petition circulator; requiring the division to adopt
170 rules; deleting provisions requiring certain sponsors
171 to submit signed and dated forms; specifying
172 conditions for signatures on a form to be verified as
173 valid by a supervisor; requiring the supervisor to
174 retain signed petition forms instead of signature
175 forms in a specified manner; requiring the supervisor
176 to transmit copies of such signed petition forms
177 promptly to the division upon request; requiring the
178 supervisors of elections to post the actual cost of
179 signature verification on their websites annually on a
180 specified date; specifying that such costs include
181 costs related to certain actions; requiring the
182 Secretary of State to rescind a certificate of ballot
183 position under specified conditions; authorizing any
184 voter to challenge the issuance of certificates of
185 ballot position; providing the process for such
186 challenges; requiring the Secretary of State to submit
187 a copy of initiative petitions to a specified panel;
188 requiring the panel to complete a financial impact
189 statement; requiring the panel to submit such
190 statement to the Secretary of State; providing that
191 the panel is not required to complete the statement
192 under specified circumstances; deleting obsolete
193 language; requiring that meetings of the panel be open
194 to the public; requiring that the panel submit the
195 financial impact statement to the Secretary of State
196 immediately; authorizing the panel to redraft the
197 statement within a specified timeframe; requiring the
198 disclosure of certain material legal effects;
199 conforming cross-references; requiring the panel to
200 draft a certain initiative financial information
201 statement; requiring the Secretary of State to make
202 such statement available on his or her website;
203 creating s. 100.373, F.S.; defining the term
204 “circulated petition form”; authorizing voters to
205 submit signed circulated petition forms at any office
206 of the supervisor of elections in the county in which
207 the voter is registered to vote; providing that a
208 circulated petition form is valid only if the
209 supervisor verifies specified information; requiring a
210 voter to present a certain current and valid form of
211 picture identification to the supervisor; requiring
212 the supervisor to deem the petition submitted if the
213 information on such identification matches the form
214 and the person matches the identification produced;
215 requiring supervisors to verify that the voter’s
216 signature on the circulated petition form matches the
217 voter’s signature on file in the Florida Voter
218 Registration System; creating s. 100.375, F.S.;
219 defining the term “requested petition form”; requiring
220 supervisors to accept requests for a petition form
221 from a voter or, if instructed, the voter’s immediate
222 family or legal guardian; providing that requests may
223 be made in person, in writing, by telephone, or
224 through the supervisor’s website; requiring
225 supervisors to cancel requests under specified
226 conditions; providing that requests for petition forms
227 may be mailed to certain addresses; requiring the
228 voter, or his or her designee, to provide certain
229 information for in-person or telephonic requests;
230 requiring that requests be in writing if the petition
231 form is to be mailed to an address other than one on
232 file; providing requirements for such written
233 requests; requiring the division to create a uniform
234 application to request petition forms; requiring that
235 such applications solicit and require specified
236 information; defining the term “immediate family”;
237 requiring the supervisor to record certain information
238 and provide it in a specified format; defining the
239 term “petition deadline”; requiring the supervisor to
240 mail petition forms within specified timeframes;
241 providing a deadline to request petition forms;
242 requiring supervisors to provide a petition form by
243 one of the means specified; prohibiting persons from
244 picking up more than a specified number of petition
245 forms; providing exceptions; requiring the supervisor
246 to mail a certain notice in a specified circumstance;
247 providing that only the materials necessary to submit
248 a petition form be mailed or delivered; prohibiting a
249 supervisor from sending a petition form to someone who
250 did not request one; requiring the supervisor to
251 enclose a certain mailing envelope with petition
252 forms; requiring that such envelopes contain a certain
253 voter’s certificate; specifying the placement of the
254 voter’s certificate on the envelope; requiring that
255 certain instructions be enclosed with each petition;
256 providing construction; providing legislative intent;
257 requiring the Department of State to work with
258 specified entitles to develop and implement procedures
259 and technologies to make petition forms available in
260 alternative formats; providing that requested petition
261 forms are only valid if the supervisor verifies
262 certain information; prohibiting an otherwise valid
263 petition from being invalidated due to the voter’s
264 death after submission of such form; creating s.
265 100.377, F.S.; providing that initiative petition
266 forms approved by the Secretary of State may continue
267 to be circulated; providing that certain initiative
268 petitions or candidate petitions may be kept and
269 counted under specified conditions; providing
270 applicability; amending s. 101.043, F.S.; revising the
271 forms of current and valid picture identifications
272 that a voter must provide upon entering the polling
273 place; amending s. 101.048, F.S.; revising the
274 instructions that are included with cure affidavits to
275 conform to changes made by the act; amending s.
276 101.111, F.S.; authorizing registered voters or
277 election officials of a county acting in their
278 official capacity to challenge at the polls or during
279 early voting the right of a person to vote in the
280 county; requiring separate oaths for each challenge;
281 revising the oath required of a person entering
282 challenges; providing the oath an election official
283 must use if asserting the ineligibility of a voter;
284 requiring that the oath be delivered to the clerk or
285 inspector under specified circumstances; requiring
286 such clerk or inspector to deliver such oath
287 immediately to the challenged person; revising a
288 provision providing that such person may cast a
289 provisional ballot; deleting an exception to casting
290 such provisional ballot; authorizing challenges to be
291 made in advance within a specified timeframe before an
292 election by delivering an oath to the supervisor’s
293 office; requiring the supervisor to notify, as soon as
294 practicable, a challenged voter by specified means;
295 requiring that the oath be sent to early voting sites
296 or the voter’s precinct in the event such voter
297 appears in person to vote; requiring that certain
298 ballots be canvassed as provisional ballots; requiring
299 that certain persons be allowed to execute a change of
300 legal residence to be able to vote a regular ballot;
301 requiring that such persons be allowed to vote a
302 regular ballot if the change of legal residence is
303 properly registered; requiring that certain voters be
304 directed to the proper precinct to vote; providing
305 that certain voters are required to vote a provisional
306 ballot; amending s. 101.131, F.S.; requiring that poll
307 watchers be qualified and registered voters of the
308 county in which they serve and complete a required
309 training; requiring the Department of State to provide
310 such training; requiring that poll watchers be allowed
311 to observe and report on irregularities in the conduct
312 of the election and enter and watch polls under a
313 specified condition; prohibiting such poll watchers
314 from interfering with the conduct of the election;
315 requiring that the form that designates poll watchers
316 include specified information; requiring that poll
317 watchers be given identification badges that include
318 certain information; authorizing the department to
319 adopt rules; amending s. 101.151, F.S.; specifying
320 that, in presidential preference primaries only, the
321 office title may be placed above the list of names on
322 the ballot for that office; specifying that, in a
323 primary election only, the office title of Governor
324 shall be placed above the names of the candidates for
325 such office regardless of whether a Lieutenant
326 Governor is designated; conforming provisions to
327 changes made by the act; amending s. 101.161, F.S.;
328 requiring that constitutional amendments define all
329 terms of art and describe newly created rights,
330 requirements, prohibitions, and authorizations;
331 amending the inclusions on the ballot for every
332 constitutional amendment proposed by initiative to
333 conform to changes made by the act; conforming a
334 cross-reference; amending s. 101.20, F.S.; deleting
335 provisions requiring that sample ballots be furnished
336 to each polling place, in a specified form, be open to
337 inspection by all electors, and a sufficient number of
338 reduced-size ballots to be given out to electors;
339 requiring the supervisor to publish sample ballots in
340 a certain newspaper, through the supervisor’s website,
341 or on the county’s website; requiring that such
342 publication occur within a specified timeframe;
343 authorizing the supervisor to send sample ballots to
344 registered voters by specified means; requiring sample
345 ballots to be available in all polling places for
346 specified purpose; authorizing a sample ballot to be
347 in the format of an official ballot but must indicate
348 it is a sample; amending s. 101.252, F.S.; providing
349 applicability; creating s. 101.2521, F.S.; requiring
350 that candidates be placed on the general ballot for
351 certain elections held under specified circumstances;
352 amending s. 101.5606, F.S.; conforming provisions to
353 changes made by the act; amending s. 101.56075, F.S.;
354 requiring that locations where voting takes place have
355 certain voting machines available; specifying the
356 default voting method; requiring that a certain device
357 be provided if requested by a voter; amending s.
358 101.5608, F.S.; requiring the inspector to follow
359 specified procedures before allowing a person to vote
360 in specified circumstances; conforming provisions to
361 changes made by the act; amending s. 101.5612, F.S.;
362 conforming provisions to changes made by the act;
363 amending s. 101.5614, F.S.; requiring that after a
364 defective ballot is duplicated, both ballots be placed
365 in an certain envelope and presented to the canvassing
366 board for review; amending s. 101.572, F.S.;
367 authorizing certain candidates, political party
368 officials, and political committee officials, or any
369 designee thereof, to object to the canvassing board’s
370 determination of voter intent; amending s. 101.591,
371 F.S.; deleting provisions instructing how to perform a
372 manual audit; requiring the county canvassing board or
373 local board responsible for certifying an election to
374 conduct an independent vote validation of voting
375 systems used in all precincts; providing the procedure
376 for such independent vote validation; deleting
377 provisions related to independent audits; requiring
378 that the canvassing board publish certain notice on
379 the county’s website, on the supervisor’s website, or
380 in certain newspapers; requiring that such vote
381 validation be completed before the certification of
382 the election; requiring the county canvassing board or
383 local board responsible for the election to provide a
384 certain consolidated report; providing the
385 requirements of such report; deleting a provision that
386 allowed a manual recount to take the place of a
387 certain audit; amending s. 101.5911, F.S.; requiring
388 the department to adopt certain rules; conforming
389 provisions to changes made by the act; amending s.
390 101.595, F.S.; requiring the department to submit the
391 analysis of a certain report as part of a specified
392 consolidated report to the Governor and the
393 Legislature annually by a specified date; amending s.
394 101.6104, F.S.; making technical changes; amending s.
395 101.62, F.S.; requiring a voter to initiate the
396 request for a vote-by-mail ballot from the supervisor;
397 requiring such voter to use the paper or online
398 version of the uniform statewide application to make a
399 written request for a vote-by-mail ballot; requiring
400 the supervisor to record certain information after
401 receiving such request; revising the timeframes during
402 which vote-by-mail ballots are provided to voters;
403 amending s. 101.64, F.S.; providing that the
404 supervisor may include a secrecy envelope or privacy
405 sleeve with vote-by-mail ballots; amending s. 101.657,
406 F.S.; authorizing, rather than requiring, that early
407 voting be provided by a supervisor; revising the
408 number of early voting sites the supervisor may
409 designate per election area; authorizing the
410 supervisor to obtain a waiver for the number of sites
411 designated as early voting sites under a specified
412 circumstance; deleting authorization for a supervisor
413 to provide early voting in excess of what is required;
414 amending s. 101.68, F.S.; conforming provisions to
415 changes made by the act; amending s. 101.69, F.S.;
416 deleting a requirement that secure ballot intake
417 stations be located at each permanent branch that
418 meets certain criteria; requiring that such intake
419 stations be located at each designated early voting
420 site; requiring that all secure ballot intake stations
421 be continuously monitored; requiring the department to
422 adopt rules; amending s. 101.6921, F.S.; conforming
423 provisions to changes made by the act; amending s.
424 101.6923, F.S.; revising the instructions sent to
425 certain first-time voters to conform to changes made
426 by the act; amending s. 101.6952, F.S.; providing that
427 if a ballot is transmitted via facsimile it must be
428 received by a specified time on election day; amending
429 s. 101.694, F.S.; conforming a cross-reference;
430 amending s. 101.697, F.S.; requiring the department to
431 adopt certain rules related to electronic transmission
432 of election materials to specified voters; amending s.
433 101.698, F.S.; authorizing the department to adopt
434 emergency rules in specified circumstances; amending
435 s. 102.031, F.S.; prohibiting videography and other
436 visual and audio recording in polling rooms or early
437 voting areas; providing an exception; amending s.
438 102.141, F.S.; revising the composition of county
439 canvassing boards; prohibiting persons who publicly
440 endorse or donate to candidates or are active
441 participants endorsing or opposing a public measure
442 from serving on county canvassing boards; requiring
443 members of a county canvassing board and all clerical
444 help to wear, at specified times, identification
445 badges in a certain manner and which include specified
446 information; requiring a county canvassing board to
447 retain the county attorney for any legal
448 representation; authorizing such board to retain
449 outside legal counsel under specified conditions;
450 specifying that the deadline by which supervisors
451 shall upload preliminary results is in local time;
452 requiring the supervisor on behalf of the county
453 canvassing board to report all early voting and vote
454 by-mail tabulations to the department; requiring
455 counties to conduct a machine vote validation process
456 for a certain purpose after unofficial results are
457 reported; requiring that such process be completed
458 within a specified timeframe; requiring the county
459 canvassing board to take specified actions after
460 making a certain determination; requiring the county
461 canvassing board to conduct manual reviews under
462 specified circumstances; providing requirements for
463 such review; deleting provisions related to recounts
464 by the county canvassing board; requiring the county
465 canvassing board to publish notice containing manual
466 review information by specified means; providing that
467 such reviews are open to the public; requiring the
468 county canvassing board to submit to the department
469 certain forms containing a vote validation report;
470 providing requirements for such report; requiring the
471 county canvassing board to conduct manual reviews in
472 accordance with specified provisions; requiring the
473 department to adopt rules; creating s. 102.143, F.S.;
474 requiring the supervisor to file a report with the
475 division on the conduct on the election within a
476 specified timeframe; providing requirements for the
477 report; requiring the supervisor to notify the
478 Division of Elections of new information and file an
479 amended report including such information, if
480 applicable, within a specified timeframe; requiring
481 the division to maintain such reports on file and make
482 them available for public inspection; requiring the
483 division to review the reports for a specified
484 purpose; providing that the report is part of a
485 certain consolidated report submitted by the
486 department by a specified date each year following a
487 general election; amending s. 102.166, F.S.; requiring
488 manual reviews of overvotes and undervotes unless
489 certain conditions exist; requiring that overvotes and
490 undervotes be identified and sorted during the vote
491 validation process; providing that the secretary is
492 responsible for ordering such review in federal,
493 state, or multicounty races and the county canvassing
494 board, or local board responsible for certifying the
495 election, is responsible for ordering such reviews in
496 all other races; authorizing political parties to
497 designate a certain expert to be allowed in the
498 central counting room while tests are being performed;
499 prohibiting such person from interfering with the
500 normal operation of the canvassing board; conforming a
501 cross-reference; requiring the department to adopt
502 certain rules; amending s. 103.021, F.S.; revising the
503 deadline by which political parties must submit their
504 list of presidential electors to the Governor;
505 requiring the state executive committees of the
506 political parties to certify to the Governor certain
507 information relating to such electors within a
508 specified timeframe; providing requirements for such
509 certification; revising the deadline by which the
510 Governor certifies political party submissions to the
511 Department of State; requiring candidates to submit
512 certain information concerning presidential electors
513 to the department before a specified date and time;
514 amending s. 103.121, F.S.; requiring that the funds
515 and certain records of state executive committees be
516 audited by a certified public accountant; amending s.
517 104.045, F.S.; providing criminal penalties for a
518 person who submits a petition form or refrains from
519 submitting a petition form for any initiative or
520 candidate petition due to a corrupt offer or the
521 acceptance of a pecuniary or other benefit; amending
522 s. 104.047, F.S.; prohibiting specified entities from
523 further forwarding official vote-by-mail ballots or
524 envelopes; providing criminal penalties; providing
525 criminal penalties for persons who physically collect
526 requests for vote-by-mail ballots and copies or
527 retains the requests, or copies and retains the
528 voter’s personal information; repealing s. 104.186,
529 F.S., relating to violations concerning initiative
530 petitions; amending s. 104.187, F.S.; conforming a
531 cross-reference; repealing s. 105.09, F.S., relating
532 to political activity in behalf of a candidate for
533 judicial office limited; amending s. 106.021, F.S.;
534 prohibiting a candidate from appointing himself,
535 herself, or immediate family as the treasurer of the
536 campaign; amending s. 106.07, F.S.; requiring a
537 candidate to file an affidavit with the officer before
538 whom the candidate is required to qualify under
539 specified circumstances within a specified timeframe;
540 deeming filings as timely filed if filed in a certain
541 manner; providing that such affidavits are open to
542 public inspection; providing construction; providing a
543 civil penalty for candidates who file affidavits late;
544 amending s. 106.08, F.S.; revising the definition of
545 the term “foreign national”; revising the
546 contributions or expenditures that a foreign national
547 is prohibited from making or offering to make;
548 prohibiting political parties, political committees,
549 committees associated with ballot issues or questions,
550 electioneering communications organizations, and
551 candidates from knowingly accepting contributions from
552 foreign nationals; providing criminal penalties;
553 providing for enhancement of criminal penalties on
554 subsequent offenses; providing civil penalties;
555 amending s. 106.087, F.S.; conforming a cross
556 reference; amending s. 106.19, F.S.; deleting a
557 provision relating to violations by political
558 committees for using petition circulators; repealing
559 s. 113.01, F.S., relating to fees for commissions
560 issued by Governor; repealing s. 113.02, F.S.,
561 relating to fees to be paid before commissions issued;
562 repealing s. 113.03, F.S., relating to disposition of
563 certain proceeds; amending s. 113.051, F.S.;
564 prohibiting the issuance of certain commissions until
565 the oath of office is filed; amending s. 212.055,
566 F.S.; conforming a cross-reference; creating s.
567 322.034, F.S.; requiring that driver licenses and
568 Florida identification cards include certain
569 information; providing that applicants providing
570 certain documentation may not be charged a fee for
571 renewal; requiring that the Department of Highway
572 Safety and Motor Vehicles comply with specified
573 provisions by a specified date; amending s. 895.02,
574 F.S.; revising the definition of “racketeering
575 activity” to include violations of the Florida
576 Election Code for the purposes of providing criminal
577 penalties; amending s. 1003.42, F.S.; conforming a
578 cross-reference; providing effective dates.
579
580 Be It Enacted by the Legislature of the State of Florida:
581
582 Section 1. Effective upon becoming a law, subsection (2) of
583 section 15.21, Florida Statutes, is amended to read:
584 15.21 Initiative petitions; s. 3, Art. XI, State
585 Constitution.—
586 (2) If the Secretary of State has submitted an initiative
587 petition to the Attorney General pursuant to subsection (1) but
588 the validity of the signatures for such initiative petition has
589 expired pursuant to s. 100.371(6)(a) s. 100.371(11)(a) before
590 securing ballot placement, the Secretary of State must promptly
591 notify the Attorney General. The Secretary of State may resubmit
592 the initiative petition to the Attorney General if the
593 initiative petition is later circulated for placement on the
594 ballot of a subsequent general election and the criteria under
595 subsection (1) are satisfied.
596 Section 2. Effective upon becoming a law, subsection (1) of
597 section 16.061, Florida Statutes, is amended to read:
598 16.061 Initiative petitions.—
599 (1) The Attorney General shall, within 30 days after
600 receipt of a proposed revision or amendment to the State
601 Constitution by initiative petition from the Secretary of State,
602 petition the Supreme Court, requesting an advisory opinion
603 regarding the compliance of the text of the proposed amendment
604 or revision with s. 2, Art. I and s. 3, Art. XI of the State
605 Constitution, whether the proposed amendment is facially invalid
606 under the United States Constitution, the compliance of the text
607 of the proposed constitutional amendment or revision with s.
608 101.161, and the compliance of the proposed ballot title and
609 substance with s. 101.161. The petition may enumerate any
610 specific factual issues that the Attorney General believes would
611 require a judicial determination.
612 Section 3. Subsection (17) of section 97.012, Florida
613 Statutes, is amended to read:
614 97.012 Secretary of State as chief election officer.—The
615 Secretary of State is the chief election officer of the state,
616 and it is his or her responsibility to:
617 (17) Provide mandatory formal signature matching training
618 as provided by law to supervisors of elections and county
619 canvassing board members. Any person whose duties require
620 verification of signatures must undergo signature matching
621 training. The department shall adopt rules governing signature
622 matching procedures and training.
623 Section 4. Effective upon becoming a law, subsection (28)
624 of section 97.021, Florida Statutes, is amended to read:
625 97.021 Definitions.—For the purposes of this code, except
626 where the context clearly indicates otherwise, the term:
627 (28) “Petition circulator” means an entity or individual
628 who collects signatures for compensation for the purpose of
629 qualifying a proposed constitutional amendment for ballot
630 placement.
631 Section 5. Subsections (6), (43), (44), and (47) of section
632 97.021, Florida Statutes, as amended by this act, are amended to
633 read:
634 97.021 Definitions.—For the purposes of this code, except
635 where the context clearly indicates otherwise, the term:
636 (6) “Ballot” or “official ballot” means a printed sheet of
637 paper containing contests including offices and candidates,
638 constitutional amendments, and other public measures upon which
639 a voter’s selections are marked using a manual marking device. A
640 ballot includes a voter-verifiable paper output upon which a
641 voter’s selections are marked by a voter interface device that
642 meets voter accessibility requirements for individuals with
643 disabilities under s. 301 of the Help America Vote Act of 2002
644 and s. 101.56062 when used in reference to:
645 (a) “Electronic or electromechanical devices” means a
646 ballot that is voted by the process of electronically
647 designating, including by touchscreen, or marking with a marking
648 device for tabulation by automatic tabulating equipment or data
649 processing equipment.
650 (b) “Marksense ballots” means that printed sheet of paper,
651 used in conjunction with an electronic or electromechanical vote
652 tabulation voting system, containing the names of candidates, or
653 a statement of proposed constitutional amendments or other
654 questions or propositions submitted to the electorate at any
655 election, on which sheet of paper an elector casts his or her
656 vote.
657 (42) “Voter interface device” means any device that
658 communicates voting instructions and ballot information to a
659 voter and allows the voter to select and vote for candidates and
660 issues. A voter interface device may not be used to tabulate
661 votes. Any vote tabulation must be based upon a subsequent scan
662 of the marked marksense ballot or the voter-verifiable paper
663 output after the voter interface device process has been
664 completed.
665 (43) “Voter registration agency” means any office that
666 provides public assistance, any office that serves persons with
667 disabilities, any center for independent living, or any public
668 library. The term includes any other federal or state office
669 that is first designated by the Secretary of State to become a
670 voter registration agency and for which such office accepts such
671 designation.
672 (46) “Voting system” means a method of casting and
673 processing votes that functions wholly or partly by use of
674 electromechanical or electronic apparatus or by use of marksense
675 ballots and includes, but is not limited to, the equipment,
676 including hardware, firmware, and software; the ballots; the
677 procedures for casting and processing votes; and the programs,
678 operating manuals, supplies; and the reports, printouts, and
679 other documentation software necessary for the system’s
680 operation.
681 Section 6. Section 97.022, Florida Statutes, is amended to
682 read:
683 97.022 Office of Election Crimes and Security; creation;
684 purpose and duties.—
685 (1) The Office of Election Crimes and Security is created
686 within the Department of State. The purpose of the office is to
687 aid the Secretary of State in completion of his or her duties.
688 under s. 97.012(12) and (15) by:
689 (2) The office has the authority and responsibility to:
690 (a) Receive and review Receiving and reviewing notices and
691 reports generated by government officials or any other person
692 regarding alleged occurrences of election law violations or
693 election irregularities in this state.
694 (b) Initiate Initiating independent inquiries and
695 conducting preliminary investigations into allegations of
696 election law violations or election irregularities in this
697 state.
698 (3)(2) The office may review complaints and conduct
699 preliminary investigations into alleged criminal violations of
700 the Florida Election Code or any rule adopted pursuant thereto
701 and any election irregularities.
702 (4) The office may issue subpoenas and subpoenas duces
703 tecum to bring before its duly authorized representatives any
704 person in this state, or any person doing business in this
705 state, to require the production of any records relevant to an
706 investigation, and to administer oaths and affirmations in the
707 manner prescribed by law to witnesses who shall appear before
708 them. If a witness fails to respond to the subpoena issued by
709 the office or, having responded, failed to answer all inquiries
710 or to turn over evidence that has been subpoenaed, the office
711 may file a complaint in the circuit court where the witness
712 resides. Upon the filing of such complaint, the court shall take
713 jurisdiction of the witness and the subject matter of such
714 complaint and shall direct the witness to respond to all
715 questions and to produce all documentary evidence in the
716 witness’s possession which is demanded. Failure of a witness to
717 comply with the court’s order constitutes a direct and criminal
718 contempt of court, and the court punish the witness accordingly.
719 However, the refusal by a witness to answer inquiries or turn
720 over evidence on the basis that such answers or evidence will
721 incriminate the witness is not a refusal to comply with this
722 chapter. The sheriffs shall make the service and execute all
723 process or orders when required by the office. The office shall
724 pay the sheriffs for these services as provided in s. 30.231.
725 (5)(3) The secretary shall appoint a director of the
726 office.
727 (6)(4) The office shall be based in Tallahassee and shall
728 employ nonsworn investigators to conduct any investigations. The
729 positions and resources necessary for the office to accomplish
730 its duties shall be established through and subject to the
731 legislative appropriations process.
732 (7)(5) The office shall oversee the department’s voter
733 fraud hotline.
734 (8)(6) This section does not limit the jurisdiction of any
735 other office or agency of the state empowered by law to
736 investigate, act upon, or dispose of alleged election law
737 violations.
738 (9)(7) By January 15 of each year, the department shall
739 submit a report to the Governor, the President of the Senate,
740 and the Speaker of the House of Representatives detailing
741 information on investigations of alleged election law violations
742 or election irregularities conducted during the prior calendar
743 year. The report must include the total number of complaints
744 received and independent investigations initiated and the number
745 of complaints referred to another agency for further
746 investigation or prosecution, including the total number of
747 those matters sent to a special officer pursuant to s. 102.091.
748 For each alleged violation or irregularity investigated, the
749 report must include:
750 (a) The source of the alleged violation or irregularity;
751 (b) The law allegedly violated or the nature of the
752 irregularity reported;
753 (c) The county in which the alleged violation or
754 irregularity occurred;
755 (d) Whether the alleged violation or irregularity was
756 referred to another agency for further investigation or
757 prosecution and, if so, to which agency; and
758 (e) The current status of the investigation or resulting
759 criminal case.
760 (10) The Office of Election Crimes and Security may adopt
761 rules to implement this section.
762 Section 7. Section 97.027, Florida Statutes, is created to
763 read:
764 97.027 Signature matching training required.—A person whose
765 duties require the verification of signatures pursuant to s.
766 99.097, s. 100.371, s. 101.043, s. 101.048, s. 101.62, or s.
767 101.68 must undergo formal signature matching training. The
768 department shall adopt rules governing signature matching
769 procedures and training.
770 Section 8. Section 97.051, Florida Statutes, is amended to
771 read:
772 97.051 Oath upon registering.—A person registering to vote
773 must subscribe to the following oath:
774
775 “I do solemnly swear (or affirm) that I will protect
776 and defend the Constitution of the United States and
777 the Constitution of the State of Florida, that I am
778 qualified to register as an elector under the
779 Constitution and laws of the State of Florida, and
780 that all information provided in this application is
781 true. I have carefully reviewed the instructions for
782 completing the Florida Voter Registration Application,
783 and I further swear (or affirm) that I am a United
784 States citizen. I understand that if I have provided
785 false information on this application I could be
786 subject to criminal penalties for perjury and that I
787 may be fined, imprisoned, or, if not a United States
788 Citizen, deported or refused entry to the United
789 States.”
790
791 Section 9. Present subsections (5) through (8) of section
792 97.0525, Florida Statutes, are redesignated as subsections (6)
793 through (9), respectively, and a new subsection (5) is added to
794 that section, to read:
795 97.0525 Online voter registration.—
796 (5) The online voter registration system must generate a
797 notice to the applicant if the applicant’s legal status as
798 United States citizen cannot be verified by the records of the
799 Department of Highway Safety and Motor Vehicles. The notice must
800 provide the applicant with contact information for the
801 applicant’s supervisor of elections for further information.
802 Section 10. Subsections (2), (6), and (7) of section
803 97.053, Florida Statutes, are amended to read:
804 97.053 Acceptance of voter registration applications.—
805 (2) A voter registration application is complete and
806 becomes the official voter registration record of that applicant
807 when all information necessary to establish the applicant’s
808 eligibility pursuant to s. 97.041 is received by a voter
809 registration official and verified pursuant to subsection (6).
810 If the applicant fails to complete his or her voter registration
811 application on or before prior to the date of book closing for
812 an election, then such applicant is shall not be eligible to
813 vote in that election.
814 (6) A voter registration application, including an
815 application with a change in name, address, or party
816 affiliation, may be accepted as valid only after the department
817 has verified the authenticity or nonexistence of the driver
818 license number, the Florida identification card number, or the
819 last four digits of the social security number provided by the
820 applicant.
821 (a) If a completed voter registration application has been
822 received by the book-closing deadline but the driver license
823 number, the Florida identification card number, or the last four
824 digits of the social security number provided by the applicant
825 cannot be verified, the applicant must shall be notified that
826 the number cannot be verified and that the applicant must
827 provide evidence to the supervisor sufficient to verify the
828 authenticity of the applicant’s driver license number, Florida
829 identification card number, or last four digits of the social
830 security number. If the applicant provides the necessary
831 evidence, the supervisor must shall place the applicant’s name
832 on the registration rolls as an active voter or update, as
833 applicable, the voter’s record with the change in address, name,
834 or party affiliation. The change in address, name, or party
835 affiliation is retroactive to the date the application was
836 initially received. If the applicant has not provided the
837 necessary evidence or the number has not otherwise been verified
838 prior to the applicant presenting himself or herself to vote,
839 the applicant must shall be provided a provisional ballot. The
840 provisional ballot must shall be counted pursuant to s. 101.048
841 but only if the number is verified by the end of the canvassing
842 period or if the applicant presents evidence to the supervisor
843 of elections sufficient to verify the authenticity of the
844 applicant’s driver license number, Florida identification card
845 number, or last four digits of the social security number no
846 later than 5 p.m. of the second day following the election.
847 (b) If a completed voter registration application for new
848 registration has been received by the book-closing deadline but
849 the applicant’s legal status as a United States citizen cannot
850 be verified, the applicant must provide evidence to the
851 supervisor sufficient to verify the applicant’s legal status as
852 a United States citizen before voting. If the applicant provides
853 the necessary evidence, the supervisor must place the
854 applicant’s name on the registration rolls as an active voter.
855 If the applicant has not provided the necessary evidence or the
856 legal status is not verified before the applicant presents
857 himself or herself to vote, the applicant must be provided a
858 provisional ballot. The provisional ballot may be counted only
859 if the applicant’s legal status as a United States citizen is
860 verified by the end of the canvassing period or if the applicant
861 presents evidence to the supervisor of elections sufficient to
862 verify the applicant’s legal status as a United States citizen
863 no later than 5 p.m. of the second day following the election.
864 (7) All voter registration applications received by a voter
865 registration official must shall be entered into the statewide
866 voter registration system within 7 13 days after receipt. Once
867 entered, the application shall be immediately forwarded to the
868 appropriate supervisor of elections.
869 Section 11. Subsections (11) and (13) of section 97.057,
870 Florida Statutes, are amended to read:
871 97.057 Voter registration by the Department of Highway
872 Safety and Motor Vehicles.—
873 (11) The Department of Highway Safety and Motor Vehicles
874 shall enter into an agreement with the department to match
875 information in the statewide voter registration system with
876 information in the database of the Department of Highway Safety
877 and Motor Vehicles to the extent required to verify the accuracy
878 of the driver license number, Florida identification number, or
879 last four digits of the social security number provided on
880 applications for voter registration. The department shall
881 provide the Department of Highway Safety and Motor Vehicles with
882 information as required in s. 97.053 as necessary to establish
883 the applicant’s legal status as a United States citizen.
884 (13) The Department of Highway Safety and Motor Vehicles
885 shall must assist the Department of State in regularly
886 identifying changes in residence address on the driver license
887 or identification card of a voter in accordance with this
888 section. The Department of State shall must report each such
889 change to the appropriate supervisor of elections who must
890 change the voter’s registration records in accordance with s.
891 98.065(4).
892 Section 12. Subsection (5) of section 97.0575, Florida
893 Statutes, is amended to read:
894 97.0575 Third-party voter registration organizations.—
895 (5)(a) A third-party voter registration organization that
896 collects voter registration applications serves as a fiduciary
897 to the applicant and shall ensure that any voter registration
898 application entrusted to the organization, irrespective of party
899 affiliation, race, ethnicity, or gender, is promptly delivered
900 to the division or the supervisor of elections in the county in
901 which the applicant resides within 10 days after the application
902 is completed by the applicant, but not after registration closes
903 for the next ensuing election. However, if the delivery is made
904 within the 10 days before book closing, the delivery must be
905 made to the supervisor of elections in the county in which the
906 applicant resides and may not be made to the division. If a
907 voter registration application collected by any third-party
908 voter registration organization is not promptly delivered to the
909 division or supervisor of elections in the county in which the
910 applicant resides, the third-party voter registration
911 organization is liable for the following fines:
912 1. A fine in the amount of $50 per each day late, up to
913 $2,500, for each application received by the division or the
914 supervisor of elections in the county in which the applicant
915 resides more than 10 days after the applicant delivered the
916 completed voter registration application to the third-party
917 voter registration organization or any person, entity, or agent
918 acting on its behalf. A fine in the amount of $2,500 for each
919 application received if the third-party voter registration
920 organization or person, entity, or agency acting on its behalf
921 acted willfully.
922 2. A fine in the amount of $100 per each day late, up to
923 $5,000, for each application collected by a third-party voter
924 registration organization or any person, entity, or agent acting
925 on its behalf, before book closing for any given election for
926 federal or state office and received by the division or the
927 supervisor of elections in the county in which the applicant
928 resides after the book-closing deadline for such election. A
929 fine in the amount of $5,000 for each application received if
930 the third-party voter registration organization or any person,
931 entity, or agency acting on its behalf acted willfully.
932 3. A fine in the amount of $500 for each application
933 collected by a third-party voter registration organization or
934 any person, entity, or agent acting on its behalf, which is not
935 submitted to the division or supervisor of elections in the
936 county in which the applicant resides. A fine in the amount of
937 $5,000 for any application not submitted if the third-party
938 voter registration organization or person, entity, or agency
939 acting on its behalf acted willfully.
940
941 The aggregate fine which may be assessed pursuant to this
942 paragraph against a third-party voter registration organization,
943 including affiliate organizations, for violations committed in a
944 calendar year is $250,000.
945 (b) A showing by the third-party voter registration
946 organization that the failure to deliver the voter registration
947 application within the required timeframe is based upon force
948 majeure or impossibility of performance shall be an affirmative
949 defense to a violation of this subsection. The secretary may
950 waive the fines described in this subsection upon a showing that
951 the failure to deliver the voter registration application
952 promptly is based upon force majeure or impossibility of
953 performance.
954 Section 13. Section 97.1031, Florida Statutes, is amended
955 to read:
956 97.1031 Notice of change of residence, change of name, or
957 change of party affiliation.—
958 (1)(a) When a voter an elector changes his or her residence
959 address, the voter elector must notify the supervisor of
960 elections. Except as provided in paragraph (b), an address
961 change must be submitted using a voter registration application.
962 (b) If the address change is within this the state and
963 notice is provided to the supervisor of elections of the county
964 where the voter elector has moved, the voter elector may do so
965 by:
966 1. Contacting the supervisor of elections via telephone or
967 electronic means, in which case the voter elector must provide
968 his or her date of birth and the last four digits of his or her
969 social security number, his or her Florida driver license
970 number, or his or her Florida identification card number,
971 whichever may be verified in the supervisor’s records; or
972 2. Submitting the change on a voter registration
973 application or other signed written notice.
974 (2) When a voter an elector seeks to change party
975 affiliation, the voter must elector shall notify his or her
976 supervisor of elections or other voter registration official by
977 submitting a voter registration application. When a voter an
978 elector changes his or her name by marriage or other legal
979 process, the voter elector shall notify his or her supervisor of
980 elections or other voter registration official by submitting a
981 voter registration application.
982 (3) The voter registration official shall make the
983 necessary changes in the voter’s elector’s records within 7 days
984 after receipt as soon as practical upon receipt of such notice
985 of a change of address of legal residence, name, or party
986 affiliation. The supervisor of elections shall issue the new
987 voter information card pursuant to s. 97.071.
988 Section 14. Subsections (4) and (12) of section 98.015,
989 Florida Statutes, are amended to read:
990 98.015 Supervisor of elections; election, tenure of office,
991 compensation, custody of registration-related documents, office
992 hours, successor, seal; appointment of deputy supervisors;
993 duties.—
994 (4) At a minimum, the main and permanent branch offices
995 office of the supervisor must be open Monday through Friday,
996 excluding legal holidays, for a period of not less than 8 hours
997 per day, beginning no later than 9 a.m.
998 (12)(a) Each supervisor shall maintain a list of valid
999 residential street addresses for purposes of verifying the legal
1000 addresses of voters residing in the supervisor’s county. To the
1001 maximum extent practicable, The list must shall include
1002 information necessary to differentiate one residence from
1003 another, including, but not limited to, a distinguishing
1004 apartment, suite, lot, room, or dormitory room number or other
1005 identifier. If a voter registration application does not include
1006 information necessary to differentiate one residence from
1007 another, the supervisor must shall make all reasonable efforts
1008 to obtain such information in order to maintain the list of
1009 valid residential street addresses.
1010 (b) The supervisor shall make all reasonable efforts to
1011 coordinate with county 911 service providers, property
1012 appraisers, the United States Postal Service, or other agencies
1013 as necessary to ensure the continued accuracy of such list and
1014 to identify non-residential addresses, including, but not
1015 limited to, addresses for businesses such as storage facilities,
1016 hotels, post office boxes, correctional facilities, mail or
1017 courier services, governmental agencies, and mail service or
1018 forwarding delivery services. The supervisor shall provide the
1019 list of valid residential addresses to the statewide voter
1020 registration system in the manner and frequency specified by
1021 rule of the department.
1022 Section 15. Subsections (1) and (2) of section 98.045,
1023 Florida Statutes, are amended to read:
1024 98.045 Administration of voter registration.—
1025 (1) ELIGIBILITY OF APPLICANT.—
1026 (a) The supervisor shall must ensure that any eligible
1027 applicant for voter registration is registered to vote and that
1028 each application for voter registration is processed in
1029 accordance with law. The supervisor shall determine whether a
1030 voter registration applicant is ineligible based on any of the
1031 following:
1032 1.(a) The failure to complete a voter registration
1033 application as specified in s. 97.053.
1034 2.(b) The applicant is deceased.
1035 3.(c) The applicant has been convicted of a felony for
1036 which his or her voting rights have not been restored.
1037 4.(d) The applicant has been adjudicated mentally
1038 incapacitated with respect to the right to vote and such right
1039 has not been restored.
1040 5.(e) The applicant does not meet the age requirement
1041 pursuant to s. 97.041.
1042 6.(f) The applicant is not a United States citizen.
1043 7.(g) The applicant is a fictitious person.
1044 8.(h) The applicant has provided an address of legal
1045 residence that is not his or her legal residence.
1046 9.(i) The applicant has provided a driver license number,
1047 Florida identification card number, or the last four digits of a
1048 social security number that is not verifiable by the department.
1049 (b)1. If the latest voter registration records show that a
1050 new applicant was previously registered but subsequently removed
1051 for ineligibility by reason of a felony conviction without
1052 voting rights restored, adjudication as mentally incapacitated
1053 with respect to voting without voting rights restored, death, or
1054 for not being a United States citizen, the supervisor must
1055 process the application in accordance with s. 97.053. However,
1056 the supervisor, within 7 days of receiving such application,
1057 shall determine whether the information is still credible and
1058 reliable and, if applicable, follow procedures to notify the
1059 voter pursuant to s. 98.075(7).
1060 (2) REMOVAL OF REGISTERED VOTERS.—
1061 (a) Once a voter is registered, the name of that voter may
1062 not be removed from the statewide voter registration system
1063 except at the written request of the voter, by reason of the
1064 voter’s conviction of a felony or adjudication as mentally
1065 incapacitated with respect to voting, by death of the voter, or
1066 pursuant to a registration list maintenance activity conducted
1067 pursuant to s. 98.065 or s. 98.075.
1068 (b) Information received by a voter registration official
1069 from an election official in another state indicating that a
1070 registered voter in this state has subsequently registered to
1071 vote in that other state must shall be considered as a written
1072 request from the voter to have the voter’s name removed from the
1073 statewide voter registration system. The voter’s name must be
1074 removed within 7 days after receipt of such information.
1075 Section 16. Section 98.065, Florida Statutes, is amended to
1076 read:
1077 98.065 Registration list maintenance programs.—
1078 (1) PURPOSE.—The supervisor shall must conduct a general
1079 registration list maintenance program to protect the integrity
1080 of the electoral process by ensuring the maintenance of accurate
1081 and current voter registration records in the statewide voter
1082 registration system. The program must be uniform,
1083 nondiscriminatory, and in compliance with the Voting Rights Act
1084 of 1965, the National Voter Registration Act of 1993, and the
1085 Help America Vote Act of 2002. As used in this subsection, the
1086 term “nondiscriminatory” applies to and includes persons with
1087 disabilities.
1088 (2) ANNUAL REGISTRATION LIST MAINTENANCE.—A supervisor
1089 shall must incorporate one or more of the following procedures
1090 in the supervisor’s annual registration list maintenance program
1091 under which the supervisor shall:
1092 (a) Use change-of-address information supplied by the
1093 United States Postal Service through its licensees to identify
1094 registered voters whose addresses might have changed.
1095 Additionally, in odd-numbered years, unless the supervisor is
1096 conducting the procedure specified in paragraph (b), the
1097 supervisor must identify change-of-address information from
1098 address confirmation final notices mailed to all registered
1099 voters who have not voted in the preceding two general elections
1100 or any intervening election and who have not made a request that
1101 their registration records be updated during that time; or
1102 (b) Identify change-of-address information from returned
1103 nonforwardable return-if-undeliverable address confirmation
1104 requests sent to all registered voters in the county.
1105 (3) TIMELINE.—A registration list maintenance program must
1106 be conducted by each supervisor, at a minimum, once each year,
1107 beginning no later than April 1, and must be completed at least
1108 90 days before the date of any federal election. All list
1109 maintenance actions associated with each voter must be entered,
1110 tracked, recorded, and maintained in the statewide voter
1111 registration system.
1112 (4) CHANGE OF ADDRESS INFORMATION.—
1113 (a) If the supervisor receives change-of-address
1114 information pursuant to the activities conducted in subsection
1115 (2), from jury notices signed by the voter and returned to the
1116 courts, from the Department of Highway Safety and Motor
1117 Vehicles, or from other sources which indicates that a
1118 registered voter’s legal residence might have changed to another
1119 location within the state, the supervisor must change the
1120 registration records to reflect the new address and must send
1121 the voter an address change notice as provided in s. 98.0655(2).
1122 (b) If the supervisor of elections receives change-of
1123 address information pursuant to the activities conducted in
1124 subsection (2), from jury notices signed by the voter and
1125 returned to the courts, or from other sources which indicates
1126 that a registered voter’s legal residence might have changed to
1127 a location outside the state, the supervisor of elections must
1128 shall send an address confirmation final notice to the voter as
1129 provided in s. 98.0655(3).
1130 (c) If an address confirmation request required by
1131 paragraph (2)(b) is returned as undeliverable without indication
1132 of an address change, or if any other nonforwardable return-if
1133 undeliverable mail is returned as undeliverable with no
1134 indication of an address change, the supervisor must send an
1135 address confirmation final notice to the voter.
1136 (d) The supervisor may use other credible and reliable
1137 sources including commercially available data, such as address
1138 information from national credit reporting agencies, to compare
1139 against voter registration records and to conduct address list
1140 maintenance.
1141 (e) The supervisor shall must designate as inactive all
1142 voters who have been sent an address confirmation final notice
1143 and who have not returned the postage prepaid, preaddressed
1144 return form within 30 days or for which the final notice has
1145 been returned as undeliverable. Names on the inactive list may
1146 not be used to calculate the number of signatures needed on any
1147 petition. A voter on the inactive list may be restored to the
1148 active list of voters upon the voter updating his or her
1149 registration and confirming his or her current address of legal
1150 residence, requesting a vote-by-mail ballot and confirming his
1151 or her current address of legal residence, or appearing to vote
1152 and confirming his or her current address of legal residence.
1153 However, if the voter does not update his or her voter
1154 registration information, request a vote-by-mail ballot, or vote
1155 by the second general election after being placed on the
1156 inactive list, the voter’s name must shall be removed from the
1157 statewide voter registration system and the voter must shall be
1158 required to reregister to have his or her name restored to the
1159 statewide voter registration system.
1160 (5) NOTICE.—A notice may not be issued pursuant to this
1161 section, and a voter’s name may not be removed from the
1162 statewide voter registration system later than 90 days before
1163 prior to the date of a federal election. However, this section
1164 does not preclude the correction of registration records based
1165 on information submitted by the voter or removal of the name of
1166 a voter from the statewide voter registration system at any time
1167 upon the voter’s written request, by reason of the voter’s
1168 death, or upon a determination of the voter’s ineligibility as
1169 provided in s. 98.075(7).
1170 (6) ANNUAL REVIEW OF VOTER RECORDS FOR RESIDENCY.—The
1171 supervisor shall, at a minimum, conduct an annual review of
1172 voter registration records to identify registration records in
1173 which a voter is registered at an address that may not be an
1174 address of legal residence for the voter. For those registration
1175 records with such addresses that the supervisor has reasonable
1176 belief are not legal residential addresses, the supervisor shall
1177 initiate list maintenance activities pursuant to s. 98.075(6)
1178 and (7).
1179 (7) CERTIFICATION OF ACTIVITIES.—
1180 (a) No later than July 31 and January 31 of each year, the
1181 supervisor shall must certify to the department the address list
1182 maintenance activities conducted during the first 6 months and
1183 the second 6 months of the year, respectively, including the
1184 number of address confirmation requests sent, the number of
1185 voters designated as inactive, and the number of voters removed
1186 from the statewide voter registration system.
1187 (b) If, based on the certification provided pursuant to
1188 paragraph (a), the department determines that a supervisor has
1189 not conducted the list maintenance activities required by this
1190 section, the department must shall conduct the appropriate list
1191 maintenance activities for that county. Failure to conduct list
1192 maintenance activities as required in this section constitutes a
1193 violation of s. 104.051.
1194 Section 17. Subsections (2) and (3) of section 98.075,
1195 Florida Statutes, are amended to read:
1196 98.075 Registration records maintenance activities;
1197 ineligibility determinations.—
1198 (2) DUPLICATE REGISTRATION.—
1199 (a) The department shall identify those voters who are
1200 registered more than once or those applicants whose registration
1201 applications within this the state would result in duplicate
1202 registrations. The most recent application must shall be deemed
1203 an update to the voter registration record.
1204 (b)1. The department may become a member of a
1205 nongovernmental entity whose sole purpose is to share and
1206 exchange information in order to verify voter registration
1207 information. The membership of the nongovernmental entity must
1208 be composed solely of election officials of state governments,
1209 except that such membership may also include election officials
1210 of the District of Columbia. If the department intends to become
1211 a member of such a nongovernmental entity, the agreement to join
1212 the entity must require that the Secretary of State, or his or
1213 her designee, serve as a full member with voting rights on the
1214 nongovernmental entity’s board of directors within 12 months
1215 after joining the entity. The department may enter into
1216 memorandums of understanding with other state governments.
1217 2. The department may share confidential and exempt
1218 information with another state government after agreeing to a
1219 memorandum of understanding or after becoming a member of a
1220 nongovernmental entity as provided in subparagraph 1. if:
1221 a. Each state government or each member of the
1222 nongovernmental entity agrees to maintain the confidentiality of
1223 such information as required by the laws of the jurisdiction
1224 providing the information; or
1225 b. The bylaws of the nongovernmental entity require member
1226 jurisdictions and the entity to maintain the confidentiality of
1227 information as required by the laws of the jurisdiction
1228 providing the information.
1229 3. The department may only become a member of a
1230 nongovernmental entity as provided in subparagraph 1. if the
1231 entity is controlled and operated by the participating
1232 jurisdictions. The entity may not be operated or controlled by
1233 the Federal Government or any other entity acting on behalf of
1234 the Federal Government. The department must be able to withdraw
1235 at any time from any such membership entered into.
1236 4. If the department enters into a memorandum of
1237 understanding with another state government or becomes a member
1238 of a nongovernmental entity as provided in subparagraph 1., the
1239 Department of Highway Safety and Motor Vehicles must, pursuant
1240 to a written agreement with the department, provide driver
1241 license or identification card information to the department for
1242 the purpose of sharing and exchanging voter registration
1243 information with the other state government or nongovernmental
1244 entity.
1245 5. If the department becomes a member of a nongovernmental
1246 entity as provided in subparagraph 1., the department must
1247 submit a report to the Governor, the President of the Senate,
1248 and the Speaker of the House of Representatives by December 1 of
1249 each year. The report must describe the terms of the
1250 nongovernmental entity membership and provide information on the
1251 total number of voters removed from the voter registration
1252 system as a result of the membership and the reasons for their
1253 removal.
1254 (c) Information received by the department from another
1255 state or the District of Columbia upon the department entering
1256 into a memorandum of understanding with another state or
1257 becoming a member of a nongovernmental entity as provided in
1258 subparagraph (b)1., which is confidential or exempt pursuant to
1259 the laws of that state or the District of Columbia, is exempt
1260 from s. 119.07(1) and s. 24(a), Art. I of the State
1261 Constitution. The department shall provide such information to
1262 the supervisors to conduct registration list maintenance
1263 activities.
1264 (3) DECEASED PERSONS.—
1265 (a)1. The department shall identify those registered voters
1266 who are deceased by comparing information received from:
1267 a. The Department of Health as provided in s. 98.093;
1268 b. The United States Social Security Administration,
1269 including, but not limited to, any master death file or index
1270 compiled by the United States Social Security Administration; or
1271 and
1272 c. The Department of Highway Safety and Motor Vehicles.
1273 2. Within 7 days after receipt of such information through
1274 the statewide voter registration system, the supervisor shall
1275 remove the name of the registered voter.
1276 (b) The supervisor shall remove the name of a deceased
1277 registered voter from the statewide voter registration system
1278 within 7 days after:
1279 1. Receipt of a copy of a death certificate issued by a
1280 governmental agency authorized to issue death certificates; or
1281 2. A published obituary or notice of death, a letter of
1282 probate or estate administration, or personal knowledge that is
1283 verified pursuant to s. 92.525, of a registered voter’s death.
1284 Section 18. Section 98.094, Florida Statutes, is created to
1285 read:
1286 98.094 Federal jury notice.—
1287 (1) Lists of registered voters must be provided to federal
1288 courts for purposes of selecting jurors on the condition that
1289 the jury coordinator provides notice pursuant to subsection (2)
1290 regarding ineligible or potentially ineligible voters.
1291 (2) The jury coordinator shall prepare or cause to be
1292 prepared a list of each person disqualified or potentially
1293 disqualified as a prospective juror from jury service due to not
1294 being a United States citizen, being convicted of a felony,
1295 being deceased, not being a resident of this state, or not being
1296 a resident of the county. The list must be prepared and sent to
1297 the division according to the jury summons cycle used by the
1298 court clerk and may be provided by mail, facsimile, e-mail or
1299 other electronic means. This section does not prevent the list
1300 from being sent more frequently.
1301 (3) The jury coordinator shall provide the division with
1302 all of the following information about each disqualified juror:
1303 (a) His or her full name.
1304 (b) Current and prior addresses, if any.
1305 (c) Telephone number, if available.
1306 (d) Date of birth.
1307 (e) The reason for disqualification.
1308 (4) The division shall provide the information to the
1309 supervisors in each county of residence for a disqualified
1310 juror, and the supervisor shall initiate list maintenance
1311 pursuant to s. 98.065, or eligibility maintenance pursuant to s.
1312 98.075(7).
1313 Section 19. Paragraph (a) of subsection (1) and subsection
1314 (2) of section 98.212, Florida Statutes, is amended to read:
1315 98.212 Department and supervisors to furnish statistical
1316 and other information.—
1317 (1)(a) Upon written request, the department and any
1318 supervisor of the respective counties shall, as promptly as
1319 possible, furnish to recognized public or private universities
1320 and senior colleges within the state, to state or county
1321 governmental agencies, and to recognized political party
1322 committees statistical information for the purpose of analyzing
1323 election returns and results.
1324 (2) The supervisors shall provide information as requested
1325 by the department, including for program evaluation and
1326 reporting to the Election Assistance Commission pursuant to
1327 federal law, and by the Legislature. The department may adopt
1328 rules as necessary to establish the required content and
1329 acceptable formats for such information.
1330 Section 20. Paragraph (b) of subsection (1) of section
1331 99.012, Florida Statutes, is amended to read:
1332 99.012 Restrictions on individuals qualifying for public
1333 office.—
1334 (1) As used in this section:
1335 (b) “Qualify” means to fulfill the requirements set forth
1336 in s. 99.061(5)(a) s. 99.061(7)(a) or s. 105.031(5)(a).
1337 Section 21. Present paragraph (e) of subsection (1) of
1338 section 99.021, Florida Statutes, is redesignated as paragraph
1339 (f), and a new paragraph (e) is added to that subsection, to
1340 read:
1341 99.021 Form of candidate oath.—
1342 (1)
1343 (e) A person’s compliance with the 365-day requirements in
1344 paragraph (b) or paragraph (c) may be challenged by a qualified
1345 candidate or a political party with qualified candidates in the
1346 same race by filing an action in the circuit court for the
1347 county in which the qualifying officer is headquartered. A
1348 person may not be qualified as a candidate for nomination or
1349 election and his or her name may not appear on the ballot if a
1350 court order becomes final and determines that:
1351 1. The person seeking to qualify for nomination as a
1352 candidate of any political party has not been registered member
1353 of that party for the 365-day period preceding the beginning of
1354 qualifying; or
1355 2. The person seeking to qualify for office as a candidate
1356 with no party affiliation has not been registered without party
1357 affiliation for, or has been a registered member of any
1358 political party during, the 365-day period preceding the
1359 beginning of qualifying.
1360 Section 22. Section 99.061, Florida Statutes, is amended to
1361 read:
1362 99.061 Method of qualifying for nomination or election to
1363 federal, state, county, or district office.—
1364 (1) QUALIFYING OFFICE AND PERIODS.—
1365 (a) The provisions of any special act to the contrary
1366 notwithstanding, each person seeking to qualify for nomination
1367 or election to a federal, state, or multicounty district office,
1368 other than election to a judicial office as defined in chapter
1369 105 or the office of school board member, must shall file his or
1370 her qualification papers with, and pay the qualifying fee, which
1371 consists shall consist of the filing fee and election
1372 assessment, and party assessment, if any has been levied, to,
1373 the Department of State, or qualify by the petition process
1374 pursuant to s. 99.095 with the Department of State. The
1375 qualifying period is any time after, at any time after noon of
1376 the 1st day for qualifying, which shall be as follows:
1377 1. Noon of the 134th the 120th day before prior to the
1378 primary election, but not later than noon of the 130th 116th day
1379 before prior to the date of the primary election, for persons
1380 seeking to qualify for nomination or election to federal office
1381 or to the office of the state attorney or the public defender;
1382 and
1383 2. Noon of the 92nd 71st day before prior to the primary
1384 election, but not later than noon of the 88th 67th day before
1385 prior to the date of the primary election, for persons seeking
1386 to qualify for nomination or election to a state or multicounty
1387 district office, other than the office of the state attorney or
1388 the public defender.
1389 (b)(2) The provisions of any special act to the contrary
1390 notwithstanding, each person seeking to qualify for nomination
1391 or election to a county office, or district office not covered
1392 by subsection (1), shall file his or her qualification papers
1393 with, and pay the qualifying fee, which consists shall consist
1394 of the filing fee and election assessment, and party assessment,
1395 if any has been levied, to, the supervisor of elections of the
1396 county, or shall qualify by the petition process pursuant to s.
1397 99.095 with the supervisor of elections. The deadline for filing
1398 is, at any time after noon of the 92nd 1st day for qualifying,
1399 which shall be the 71st day before prior to the primary
1400 election, but not later than noon of the 88th 67th day before
1401 prior to the date of the primary election. Within 30 days after
1402 the closing of qualifying time, the supervisor of elections
1403 shall remit to the secretary of the state executive committee of
1404 the political party to which the candidate belongs the amount of
1405 the filing fee, two-thirds of which must shall be used to
1406 promote the candidacy of candidates for county offices and the
1407 candidacy of members of the Legislature.
1408 (c)(3) Notwithstanding the provisions of any special act to
1409 the contrary, each person seeking to qualify for election to a
1410 special district office shall qualify between noon of the 92nd
1411 71st day before prior to the primary election and noon of the
1412 88th 67th day before prior to the date of the primary election.
1413 Candidates for single-county special districts shall qualify
1414 with the supervisor of elections in the county in which the
1415 district is located. If the district is a multicounty district,
1416 candidates must shall qualify with the Department of State. All
1417 special district candidates must shall qualify by paying a
1418 filing fee of $25 or qualify by the petition process pursuant to
1419 s. 99.095. Notwithstanding s. 106.021, a candidate who does not
1420 collect contributions and whose only expense is the filing fee
1421 or signature verification fee is not required to appoint a
1422 campaign treasurer or designate a primary campaign depository.
1423 (d) Notwithstanding the qualifying periods described by
1424 this section, in each year in which the Legislature apportions
1425 the state, the qualifying period for persons seeking to qualify
1426 for nomination or election to federal office is between noon of
1427 the 92nd day before the primary election, but not later than
1428 noon of the 88th day before the primary election.
1429 (2) WRITE-IN CANDIDATES.—
1430 (a)(4)(a) Each person seeking to qualify for election to
1431 office as a write-in candidate must shall file his or her
1432 qualification papers with the respective qualifying officer at
1433 any time after noon of the 1st day for qualifying, but not later
1434 than noon of the last day of the qualifying period for the
1435 office sought.
1436 (b) Any person who is seeking election as a write-in
1437 candidate is shall not be required to pay a filing fee, election
1438 assessment, or party assessment. A write-in candidate is not
1439 entitled to have his or her name printed on any ballot; however,
1440 space for the write-in candidate’s name to be written in must be
1441 provided on the general election ballot. A person may not
1442 qualify as a write-in candidate if the person has also otherwise
1443 qualified for nomination or election to such office.
1444 (3)(5) DISCLOSURE OF FINANCIAL INTEREST.—At the time of
1445 qualifying for office, each candidate must file the following as
1446 applicable:
1447 (a) A candidate for a constitutional office, or for another
1448 elective office subject to an annual filing requirement pursuant
1449 to s. 112.3144, shall file a full and public disclosure of
1450 financial interests pursuant to s. 8, Art. II of the State
1451 Constitution, which must be verified under oath or affirmation
1452 pursuant to s. 92.525(1)(a). A candidate who is subject to an
1453 annual filing requirement under s. 112.3144 may file a
1454 verification or receipt of electronic filing pursuant to s.
1455 112.3144(4) for the purposes of qualifying only., and a
1456 (b) A candidate for any other office, including local
1457 elective office, shall file a statement of financial interests
1458 pursuant to s. 112.3145. A candidate who is subject to an annual
1459 filing requirement under s. 112.3144 may file a verification or
1460 receipt of electronic filing pursuant to s. 112.3144(4). A
1461 candidate who is subject to an annual filing requirement under
1462 s. 112.3145 may file instead a verification or receipt of
1463 electronic filing pursuant to s. 112.3145(2)(c) for the purposes
1464 of qualifying only unless the candidate is required to file a
1465 full and public disclosure of financial interests pursuant to s.
1466 8, Art. II of the State Constitution or this subsection.
1467 (4)(6) CERTIFICATION.—After the end of the qualifying
1468 period, the department has no more than 3 business days to
1469 process submitted qualifying papers. The Department of State
1470 shall certify to the supervisor of elections, within 7 days
1471 after the closing date for qualifying, the names of all duly
1472 qualified candidates for nomination or election who have
1473 qualified with the Department of State.
1474 (5)(7) QUALIFYING PAPERS.—
1475 (a) In order for a candidate to be qualified, the following
1476 items must be received by the filing officer by the end of the
1477 qualifying period:
1478 1. A properly executed cashier’s check purchased from the
1479 candidate’s campaign account or check drawn upon the candidate’s
1480 campaign account payable to the person or entity as prescribed
1481 by the filing officer in an amount not less than the fee
1482 required by s. 99.092, unless the candidate obtained the
1483 required number of signatures on petitions pursuant to s.
1484 99.095. The filing fee for a special district candidate is not
1485 required to be drawn upon the candidate’s campaign account. If a
1486 candidate’s check is returned by any the bank for any reason,
1487 the filing officer must shall immediately notify the candidate
1488 and the candidate must shall have 48 hours after receipt of
1489 notice, excluding Saturdays, Sundays, and legal holidays until
1490 the end of qualifying to pay the fee with a cashier’s check
1491 purchased from funds of the campaign account. Failure to pay the
1492 fee as provided in this subparagraph disqualifies shall
1493 disqualify the candidate.
1494 2. The candidate’s oath required by s. 99.021, which must
1495 contain the name of the candidate as it is to appear on the
1496 ballot; the office sought, including the district or group
1497 number if applicable; and the signature of the candidate, which
1498 must be verified under oath or affirmation pursuant to s.
1499 92.525(1)(a).
1500 3. If the office sought is partisan, the written statement
1501 of political party affiliation required by s. 99.021(1)(b); or
1502 if the candidate is running without party affiliation for a
1503 partisan office, the written statement required by s.
1504 99.021(1)(c).
1505 4. The completed form for the appointment of campaign
1506 treasurer and designation of campaign depository, as required by
1507 s. 106.021. The form does not need to be resubmitted if the form
1508 on file, which was filed with the qualifying officer before the
1509 pre-qualifying or qualifying period, is current.
1510 5. The full and public disclosure or statement of financial
1511 interests required by subsection (3) (5). A public officer who
1512 has filed the full and public disclosure or statement of
1513 financial interests with the Commission on Ethics before
1514 qualifying for office may file a copy of that disclosure or a
1515 verification or receipt of electronic filing as provided in
1516 subsection (3) (5) at the time of qualifying.
1517 (b) If the filing officer receives qualifying papers during
1518 the qualifying period prescribed in this section which do not
1519 include all items as required by paragraph (a) before prior to
1520 the last day of qualifying, the filing officer must shall make a
1521 reasonable effort to notify the candidate of the missing or
1522 incomplete items and must shall inform the candidate that all
1523 required items must be received by the close of qualifying. A
1524 candidate’s name as it is to appear on the ballot may not be
1525 changed after the end of qualifying.
1526 (6)(c) MINISTERIAL ROLE.—The filing officer performs a
1527 ministerial function in reviewing qualifying papers. In
1528 determining whether a candidate is qualified, the filing officer
1529 shall review the qualifying papers to determine whether all
1530 items required by subsection (5) paragraph (a) have been
1531 properly filed and on the most current form as applicable, and
1532 whether each item is complete on its face, including whether
1533 items that must be verified have been properly verified pursuant
1534 to s. 92.525(1)(a). The filing officer may not determine whether
1535 the contents of the qualifying papers are accurate.
1536 (7)(8) PREQUALIFYING SUBMISSION PERIOD.—Notwithstanding the
1537 qualifying period prescribed in this section, a qualifying
1538 office may accept and hold qualifying papers submitted not
1539 earlier than 14 days prior to the beginning of the qualifying
1540 period, to be processed and filed during the qualifying period.
1541 (9) Notwithstanding the qualifying period prescribed by
1542 this section, in each year in which the Legislature apportions
1543 the state, the qualifying period for persons seeking to qualify
1544 for nomination or election to federal office shall be between
1545 noon of the 71st day prior to the primary election, but not
1546 later than noon of the 67th day prior to the primary election.
1547 (8)(10) RULEMAKING.—The Department of State may prescribe
1548 by rule requirements for filing papers to qualify as a candidate
1549 under this section.
1550 (9)(11) EXEMPTION FROM CHAPTER 120.—The decision of the
1551 filing officer concerning whether a candidate is qualified is
1552 exempt from the provisions of chapter 120.
1553 Section 23. Effective upon becoming a law, section 99.092,
1554 Florida Statutes, is amended to read:
1555 99.092 Qualifying fee of candidate; notification of
1556 Department of State.—
1557 (1) Each person seeking to qualify for nomination or
1558 election to any office, except a person seeking to qualify by
1559 the petition process pursuant to s. 99.095 and except a person
1560 seeking to qualify as a write-in candidate, shall pay a
1561 qualifying fee, which shall consist of a filing fee and election
1562 assessment, to the officer with whom the person qualifies, and
1563 any party assessment levied, and shall attach the original or
1564 signed duplicate of the receipt for his or her party assessment
1565 or pay the same, in accordance with the provisions of s.
1566 103.121, at the time of filing his or her other qualifying
1567 papers. The amount of the filing fee is 3 percent of the annual
1568 salary of the office. The amount of the election assessment is 1
1569 percent of the annual salary of the office sought. The election
1570 assessment shall be transferred to the Elections Commission
1571 Trust Fund. The amount of the party assessment is 2 percent of
1572 the annual salary. The annual salary of the office for purposes
1573 of computing the filing fee, election assessment, and party
1574 assessment shall be computed by multiplying 12 times the monthly
1575 salary, excluding any special qualification pay, authorized for
1576 such office as of July 1 immediately preceding the first day of
1577 qualifying. No qualifying fee shall be returned to the candidate
1578 unless the candidate withdraws his or her candidacy before the
1579 last date to qualify. If a candidate dies prior to an election
1580 and has not withdrawn his or her candidacy before the last date
1581 to qualify, the candidate’s qualifying fee shall be returned to
1582 his or her designated beneficiary, and, if the filing fee or any
1583 portion thereof has been transferred to the political party of
1584 the candidate, the Secretary of State shall direct the party to
1585 return that portion to the designated beneficiary of the
1586 candidate.
1587 (2) The supervisor of elections shall, immediately after
1588 the last day for qualifying, submit to the Department of State a
1589 list containing the names, party affiliations, and addresses of
1590 all candidates and the offices for which they qualified.
1591 (3)(a) The division shall create a uniform petition form on
1592 which signatures for a candidate petition will be affixed. The
1593 form must solicit and require all of the following information:
1594 1. The full name of the voter.
1595 2. The voter’s residential address and county.
1596 3. The voter’s voter registration number or date of birth.
1597 4. The voter’s Florida driver license number, the voter’s
1598 Florida identification card number, or the last four digits of
1599 the voter’s social security number.
1600 5. An attestation that the voter is a registered voter in
1601 this state and is petitioning the Secretary of State to place
1602 the candidate’s name on the ballot.
1603 6. The voter’s signature and the date signed.
1604 7. The candidate’s name and party information and the title
1605 of the office sought by the candidate.
1606 (b) The petition form must include a notice stating that
1607 the form becomes public record upon receipt by the supervisor of
1608 elections, that it is a first degree misdemeanor to knowingly
1609 sign the same candidate petition more than once, and that the
1610 form may not be validated if all requested information is not
1611 provided.
1612 Section 24. Effective upon becoming a law, subsection (3)
1613 of section 99.095, Florida Statutes, is amended to read:
1614 99.095 Petition process in lieu of a qualifying fee and
1615 party assessment.—
1616 (3) Each petition must be submitted before noon of the 28th
1617 day preceding the first day of the qualifying period for the
1618 office sought to the supervisor of elections of the county in
1619 which such petition was circulated. Each supervisor shall check
1620 the signatures on the petitions to verify their status as voters
1621 in the county, district, or other geographical area represented
1622 by the office sought. The supervisor may verify that the
1623 signature on a form is valid only if the petition form is a
1624 circulated petition form properly verified pursuant to s.
1625 100.373 or a requested petition form properly verified pursuant
1626 to s. 100.375. No later than the 7th day before the first day of
1627 the qualifying period, the supervisor shall certify the number
1628 of valid signatures.
1629 Section 25. Effective upon becoming a law, paragraph (a) of
1630 subsection (4) of section 99.097, Florida Statutes, is amended
1631 to read:
1632 99.097 Verification of signatures on petitions.—
1633 (4)(a) The supervisor must be paid in advance the sum of 10
1634 cents for each signature checked or the actual cost of checking
1635 such signature, whichever is less, by the candidate or, in the
1636 case of a petition to have a local issue placed on the ballot,
1637 by the person or organization submitting the petition. In the
1638 case of a petition to place a statewide issue on the ballot, the
1639 person or organization submitting the petition must pay the
1640 supervisor in advance the cost posted by the supervisor pursuant
1641 to s. 100.371(6) s. 100.371(11) for the actual cost of checking
1642 signatures to place a statewide issue on the ballot.
1643 Section 26. Subsections (3) and (5) of section 99.097,
1644 Florida Statutes, are amended to read:
1645 99.097 Verification of signatures on petitions.—
1646 (3)(a) If all other requirements for the petition are met,
1647 a signature on a petition must shall be verified and counted as
1648 valid for a registered voter if the voter is active and if,
1649 after comparing the signature on the petition and the signature
1650 of the registered voter in the voter registration system, the
1651 supervisor is able to determine that the petition signer is the
1652 same as the registered voter, even if the name on the petition
1653 is not in substantially the same form as in the voter
1654 registration system.
1655 (b) In any situation in which this code requires the form
1656 of the petition to be prescribed by the division, a no signature
1657 may not shall be counted toward the number of signatures
1658 required unless it is on a petition form prescribed by the
1659 division.
1660 (c) If a voter signs a petition and lists an address other
1661 than the legal residence where the voter is registered, the
1662 supervisor must shall treat the signature as if the voter had
1663 listed the address where the voter is registered, but may not
1664 update the voter’s address on file.
1665 (5) The results of a verification pursuant to subparagraph
1666 (1)(a)2. may be contested in the circuit court by the candidate;
1667 an announced opponent in a candidate contest; or the chairperson
1668 of the sponsoring a representative of a designated political
1669 committee or the chairperson of a political committee registered
1670 to oppose the issue in an issue contest; or a person, party, or
1671 other organization submitting the petition. The contestant must
1672 file a complaint, together with the fees prescribed in chapter
1673 28, with the clerk of the circuit court in the county in which
1674 the petition is certified or in Leon County if the petition
1675 covers more than one county on or before the deadline to certify
1676 ballot placement within 10 days after midnight of the date the
1677 petition is certified; and the complaint must set forth the
1678 grounds on which the contestant intends to establish his or her
1679 right to require a complete check of the petition pursuant to
1680 subparagraph (1)(a)1 or to establish whether the petition can or
1681 cannot be verified as valid. In the event the court orders a
1682 complete check of the petition and the result is not changed as
1683 to the success or lack of success of the petitioner in obtaining
1684 the requisite number of valid signatures, then such candidate,
1685 unless the candidate has filed the oath stating that he or she
1686 is unable to pay such charges; announced opponent;
1687 representative of a designated political committee; or party,
1688 person, or organization submitting the petition, unless such
1689 person or organization has filed the oath stating inability to
1690 pay such charges, must shall pay to the supervisor of elections
1691 of each affected county for the complete check an amount
1692 calculated at the rate of 10 cents for each additional signature
1693 checked or the actual cost of checking such additional
1694 signatures, as applicable.
1695 Section 27. Section 100.191, Florida Statutes, is amended
1696 to read:
1697 100.191 General election laws applicable to special
1698 elections; returns.—All laws that are applicable to general
1699 elections and primary elections are applicable to special
1700 elections or special primary elections, respectively, to fill a
1701 vacancy in office or nomination. The Elections Canvassing
1702 Commission shall certify results in accordance with s. 102.112
1703 immediately, upon receipt of returns from the county in which a
1704 special election is held, proceed to canvass the returns and
1705 determine and declare the result thereof.
1706 Section 28. Effective upon becoming a law, section 100.371,
1707 Florida Statutes, is amended to read:
1708 100.371 Initiatives; procedure for placement on ballot.—
1709 (1) Constitutional amendments proposed by initiative shall
1710 be placed on the ballot for the general election, provided the
1711 initiative petition has been filed with the Secretary of State
1712 no later than February 1 of the year the general election is
1713 held. A petition shall be deemed to be filed with the Secretary
1714 of State upon the date the secretary determines that valid and
1715 verified petition forms have been signed by the constitutionally
1716 required number and distribution of electors under this code.
1717 (2) The sponsor of an initiative amendment shall, before
1718 circulating any initiative petition forms to voters prior to
1719 obtaining any signatures, register as a political committee
1720 pursuant to s. 106.03 and submit the text of the proposed
1721 amendment to the Secretary of State, with the form on which the
1722 signatures will be affixed, and shall obtain the approval of the
1723 Secretary of State of such form. The Secretary of State shall
1724 adopt rules pursuant to s. 120.54 prescribing the style and
1725 requirements of such form. Upon filing with the Secretary of
1726 State, the text of the proposed amendment and all forms filed in
1727 connection with this section must, upon request, be made
1728 available in alternative formats.
1729 (3)(a) The division shall assign the initiative petition a
1730 petition number and create the form on which signatures for the
1731 initiative petition must be affixed. The petition form must
1732 prominently display the petition number, the ballot title, and
1733 the full text of the proposed amendment; must contain the date
1734 approved by the Secretary of State, a barcode associated with
1735 the initiative petition, and a serial number; and must solicit
1736 and require all of the following information:
1737 1. The full name of the voter.
1738 2. The voter’s residential address and county.
1739 3. The voter’s voter registration number or date of birth.
1740 4. The voter’s Florida driver license number or Florida
1741 identification card number, or the last four digits of the
1742 voter’s social security number.
1743 5. An attestation that the voter is a registered Florida
1744 voter and is petitioning the Secretary of State to place the
1745 proposed amendment on the ballot.
1746 6. The voter’s signature and the date signed A person may
1747 not collect signatures or initiative petitions for compensation
1748 unless the person is registered as a petition circulator with
1749 the Secretary of State.
1750 (b) The petition form must include a notice that states
1751 that the form becomes public record upon receipt by the
1752 supervisor, that it is a first degree misdemeanor to knowingly
1753 sign the same initiative petition more than once, and that the
1754 form may not be validated if all requested information is not
1755 provided A citizen may challenge a petition circulator’s
1756 registration under this section by filing a petition in circuit
1757 court. If the court finds that the respondent is not a
1758 registered petition circulator, the court may enjoin the
1759 respondent from collecting signatures or initiative petitions
1760 for compensation until she or he is lawfully registered.
1761 (4) An application for registration must be submitted in
1762 the format required by the Secretary of State and must include
1763 the following:
1764 (a) The information required to be on the petition form
1765 under s. 101.161, including the ballot summary and title as
1766 approved by the Secretary of State.
1767 (b) The applicant’s name, permanent address, temporary
1768 address, if applicable, and date of birth.
1769 (c) An address in this state at which the applicant will
1770 accept service of process related to disputes concerning the
1771 petition process, if the applicant is not a resident of this
1772 state.
1773 (d) A statement that the applicant consents to the
1774 jurisdiction of the courts of this state in resolving disputes
1775 concerning the petition process.
1776 (e) Any information required by the Secretary of State to
1777 verify the applicant’s identity or address.
1778 (5) All petitions collected by a petition circulator must
1779 contain, in a format required by the Secretary of State, a
1780 completed Petition Circulator’s Affidavit which includes:
1781 (a) The circulator’s name and permanent address;
1782 (b) The following statement, which must be signed by the
1783 circulator:
1784
1785 By my signature below, as petition circulator, I
1786 verify that the petition was signed in my presence.
1787 Under penalties of perjury, I declare that I have read
1788 the foregoing Petition Circulator’s Affidavit and the
1789 facts stated in it are true.
1790
1791 (6) The division or the supervisor of elections shall make
1792 hard copy petition forms or electronic portable document format
1793 petition forms available to registered petition circulators. All
1794 such forms must contain information identifying the petition
1795 circulator to which the forms are provided. The division shall
1796 maintain a database of all registered petition circulators and
1797 the petition forms assigned to each. Each supervisor of
1798 elections shall provide to the division information on petition
1799 forms assigned to and received from petition circulators. The
1800 information must be provided in a format and at times as
1801 required by the division by rule. The division must update
1802 information on petition forms daily and make the information
1803 publicly available.
1804 (7)(a) A sponsor that collects petition forms or uses a
1805 petition circulator to collect petition forms serves as a
1806 fiduciary to the elector signing the petition form, ensuring
1807 that any petition form entrusted to the petition circulator
1808 shall be promptly delivered to the supervisor of elections
1809 within 30 days after the elector signs the form. If a petition
1810 form collected by any petition circulator is not promptly
1811 delivered to the supervisor of elections, the sponsor is liable
1812 for the following fines:
1813 1. A fine in the amount of $50 for each petition form
1814 received by the supervisor of elections more than 30 days after
1815 the elector signed the petition form or the next business day,
1816 if the office is closed. A fine in the amount of $250 for each
1817 petition form received if the sponsor or petition circulator
1818 acted willfully.
1819 2. A fine in the amount of $500 for each petition form
1820 collected by a petition circulator which is not submitted to the
1821 supervisor of elections. A fine in the amount of $1,000 for any
1822 petition form not submitted if the sponsor or petition
1823 circulator acted willfully.
1824 (b) A showing by the sponsor that the failure to deliver
1825 the petition form within the required timeframe is based upon
1826 force majeure or impossibility of performance is an affirmative
1827 defense to a violation of this subsection. The fines described
1828 in this subsection may be waived upon a showing that the failure
1829 to deliver the petition form promptly is based upon force
1830 majeure or impossibility of performance.
1831 (8) If the Secretary of State reasonably believes that a
1832 person or entity has committed a violation of this section, the
1833 secretary may refer the matter to the Attorney General for
1834 enforcement. The Attorney General may institute a civil action
1835 for a violation of this section or to prevent a violation of
1836 this section. An action for relief may include a permanent or
1837 temporary injunction, a restraining order, or any other
1838 appropriate order.
1839 (5)(9) The division shall adopt by rule a complaint form
1840 for an elector who claims to have had his or her signature
1841 misrepresented or, forged, or not delivered to the supervisor.
1842 The division shall also adopt rules to ensure the integrity of
1843 the petition form gathering process, including rules requiring
1844 sponsors to account for all petition forms used by their agents.
1845 Such rules may require a sponsor or petition circulator to
1846 provide identification information on each petition form as
1847 determined by the department as needed to assist in the
1848 accounting of petition forms.
1849 (10) The date on which an elector signs a petition form is
1850 presumed to be the date on which the petition circulator
1851 received or collected the petition form.
1852 (6)(a)(11)(a) An initiative petition form circulated for
1853 signature may not be bundled with or attached to any other
1854 petition. Each signature shall be dated when made and shall be
1855 valid until the next February 1 occurring in an even-numbered
1856 year for the purpose of the amendment appearing on the ballot
1857 for the general election occurring in that same year, provided
1858 all other requirements of law are met. The sponsor shall submit
1859 signed and dated forms to the supervisor of elections for the
1860 county of residence listed by the person signing the form for
1861 verification of the number of valid signatures obtained. If a
1862 signature on a petition is from a registered voter in another
1863 county, the supervisor shall notify the petition sponsor of the
1864 misfiled petition. The supervisor shall promptly verify the
1865 signatures within 60 days after receipt of the petition forms
1866 and payment of a fee for the actual cost of signature
1867 verification incurred by the supervisor. However, for petition
1868 forms submitted less than 60 days before February 1 of an even
1869 numbered year, the supervisor shall promptly verify the
1870 signatures within 30 days after receipt of the form and payment
1871 of the fee for signature verification. The supervisor shall
1872 promptly record, in the manner prescribed by the Secretary of
1873 State, the date each form is received by the supervisor, and the
1874 date the signature on the form is verified as valid. The
1875 supervisor may verify that the signature on a form is valid only
1876 if:
1877 1. The petition form is a circulated petition form properly
1878 verified pursuant to s. 100.373; or The form contains the
1879 original signature of the purported elector.
1880 2. The petition form is a requested petition form properly
1881 verified pursuant to s. 100.375 The purported elector has
1882 accurately recorded on the form the date on which he or she
1883 signed the form.
1884 3. The form sets forth the purported elector’s name,
1885 address, city, county, and voter registration number or date of
1886 birth.
1887 4. The purported elector is, at the time he or she signs
1888 the form and at the time the form is verified, a duly qualified
1889 and registered elector in the state.
1890 5. The signature was obtained legally, including that if a
1891 paid petition circulator was used, the circulator was validly
1892 registered under subsection (3) when the signature was obtained.
1893
1894 The supervisor shall retain all signed petition signature forms,
1895 separating forms verified as valid from those deemed invalid,
1896 for at least 1 year following the election for which the
1897 petition was circulated. Notwithstanding any other law, the
1898 supervisor shall promptly transmit copies of signed petition
1899 forms to the division upon request.
1900 (b) Each supervisor shall post the actual cost of signature
1901 verification on his or her website and may increase such cost,
1902 as necessary, annually on March 1 February 2 of each even
1903 numbered year. The cost includes, but is not limited to, costs
1904 incurred processing and fulfilling requests, comparing
1905 signatures, and validating information on circulated and
1906 requested petition forms pursuant to ss. 100.373 and 100.375,
1907 respectively. The division shall also publish each county’s
1908 current cost on its website. The division and each supervisor
1909 shall biennially review available technology aimed at reducing
1910 verification costs.
1911 (c) On the last day of each month, or on the last day of
1912 each week from December 1 of an odd-numbered year through
1913 February 1 of the following year, each supervisor shall post on
1914 his or her website the total number of signatures submitted, the
1915 total number of invalid signatures, the total number of
1916 signatures processed, and the aggregate number of verified valid
1917 signatures and the distribution of such signatures by
1918 congressional district for each proposed amendment proposed by
1919 initiative, along with the following information specific to the
1920 reporting period: the total number of signed petition forms
1921 received, the total number of signatures verified, the
1922 distribution of verified valid signatures by congressional
1923 district, and the total number of verified petition forms
1924 forwarded to the Secretary of State.
1925 (7)(a)(12) The Secretary of State shall determine from the
1926 signatures verified by the supervisors of elections the total
1927 number of verified valid signatures and the distribution of such
1928 signatures by congressional districts, and the division shall
1929 post such information on its website at the same intervals
1930 specified in paragraph (6)(c) (11)(c). Upon a determination that
1931 the requisite number and distribution of valid signatures have
1932 been obtained, the secretary shall issue a certificate of ballot
1933 position for that proposed amendment and shall assign a
1934 designating number pursuant to s. 101.161. The Secretary of
1935 State shall rescind the certificate of ballot position if:
1936 1. An advisory opinion issued by the Supreme Court pursuant
1937 to s. 3(b)(10), Art. V of the State Constitution deems the
1938 initiative petition invalid; or
1939 2. The Secretary of State determines, before August 1 of
1940 the year the general election is held, that the initiative
1941 petition did not obtain the requisite number or distribution of
1942 valid signatures.
1943 (b) The issuance of a certificate of ballot position
1944 pursuant to paragraph (a) may be contested in the circuit court
1945 by any voter. The contestant must file a complaint with the
1946 clerk of the circuit court for Leon County no later than the
1947 first Tuesday after the first Monday in January after the
1948 election for which the petition was circulated. The complaint
1949 must set forth the grounds on which the contestant intends to
1950 establish that the initiative petition did not obtain the
1951 requisite number or distribution of valid signatures.
1952 (8)(a)(13)(a) At the same time the Secretary of State
1953 submits an initiative petition to the Attorney General pursuant
1954 to s. 15.21, the secretary shall submit a copy of the initiative
1955 petition to a panel composed of Trustees of the State Board of
1956 Administration or their appointees the Financial Impact
1957 Estimating Conference. Within 75 days after receipt of a
1958 proposed revision or amendment to the State Constitution by
1959 initiative petition from the Secretary of State, the panel
1960 Financial Impact Estimating Conference shall complete a
1961 statement on the an analysis and financial impact to the state
1962 budget statement to be placed on the ballot of the estimated
1963 increase or decrease in any revenues or costs to state or local
1964 governments and the overall impact to the state budget resulting
1965 from the proposed initiative. The 75-day time limit is tolled
1966 when the Legislature is in session. The panel Financial Impact
1967 Estimating Conference shall submit the financial impact
1968 statement to the Attorney General and Secretary of State. If the
1969 initiative petition has been submitted to the panel Financial
1970 Impact Estimating Conference but the validity of signatures has
1971 expired and the initiative petition no longer qualifies for
1972 ballot placement at the ensuing general election, the Secretary
1973 of State must notify the panel Financial Impact Estimating
1974 Conference. The panel Financial Impact Estimating Conference is
1975 not required to complete a an analysis and financial impact
1976 statement for an initiative petition that fails to meet the
1977 requirements of subsection (1) for placement on the ballot
1978 before the 75-day time limit, including any tolling period,
1979 expires. The initiative petition may be resubmitted to the panel
1980 Financial Impact Estimating Conference if the initiative
1981 petition meets the requisite criteria for a subsequent general
1982 election cycle. A new Financial Impact Estimating Conference
1983 shall be established at such time as the initiative petition
1984 again satisfies the criteria in s. 15.21(1).
1985 (b) Immediately upon receipt of a proposed revision or
1986 amendment from the Secretary of State, the coordinator of the
1987 Office of Economic and Demographic Research shall contact the
1988 person identified as the sponsor to request an official list of
1989 all persons authorized to speak on behalf of the named sponsor
1990 and, if there is one, the sponsoring organization at meetings
1991 held by the Financial Impact Estimating Conference. All other
1992 persons shall be deemed interested parties or proponents or
1993 opponents of the initiative. The Financial Impact Estimating
1994 Conference shall provide an opportunity for any representatives
1995 of the sponsor, interested parties, proponents, or opponents of
1996 the initiative to submit information and may solicit information
1997 or analysis from any other entities or agencies, including the
1998 Office of Economic and Demographic Research.
1999 (c) All meetings of the panel Financial Impact Estimating
2000 Conference shall be open to the public. The panel shall prepare
2001 The President of the Senate and the Speaker of the House of
2002 Representatives, jointly, shall be the sole judge for the
2003 interpretation, implementation, and enforcement of this
2004 subsection.
2005 1. The Financial Impact Estimating Conference is
2006 established to review, analyze, and estimate the financial
2007 impact of amendments to or revisions of the State Constitution
2008 proposed by initiative. The Financial Impact Estimating
2009 Conference shall consist of four principals: one person from the
2010 Executive Office of the Governor; the coordinator of the Office
2011 of Economic and Demographic Research, or his or her designee;
2012 one person from the professional staff of the Senate; and one
2013 person from the professional staff of the House of
2014 Representatives. Each principal shall have appropriate fiscal
2015 expertise in the subject matter of the initiative. A Financial
2016 Impact Estimating Conference may be appointed for each
2017 initiative.
2018 2. Principals of the Financial Impact Estimating Conference
2019 shall reach a consensus or majority concurrence on a clear and
2020 unambiguous financial impact statement, no more than 150 words
2021 in length, and immediately submit the statement to the Secretary
2022 of State Attorney General. Nothing in this subsection prohibits
2023 the panel Financial Impact Estimating Conference from setting
2024 forth a range of potential impacts in the financial impact
2025 statement. Any financial impact statement that a court finds not
2026 to be in accordance with this section shall be remanded solely
2027 to the Financial Impact Estimating Conference for redrafting.
2028 The panel may Financial Impact Estimating Conference shall
2029 redraft the financial impact statement before the 75th day
2030 before the election within 15 days.
2031 3. If the Supreme Court has rejected the initial submission
2032 by the Financial Impact Estimating Conference and no redraft has
2033 been approved by the Supreme Court by 5 p.m. on the 75th day
2034 before the election, the following statement shall appear on the
2035 ballot: “The impact of this measure, if any, has not been
2036 determined at this time.”
2037 (c)(d) The financial impact statement must be separately
2038 contained and be set forth after the ballot summary and
2039 disclosure of material legal effects as required in s.
2040 101.161(1).
2041 1. If the financial impact statement projects a net
2042 negative impact on the state budget, the ballot must include the
2043 statement required by s. 101.161(1)(c) s. 101.161(1)(b).
2044 2. If the financial impact statement projects a net
2045 positive impact on the state budget, the ballot must include the
2046 statement required by s. 101.161(1)(d) s. 101.161(1)(c).
2047 3. If the financial impact statement estimates an
2048 indeterminate financial impact or if the members of the panel
2049 Financial Impact Estimating Conference are unable to agree on
2050 the statement required by this subsection, the ballot must
2051 include the statement required by s. 101.161(1)(e) s.
2052 101.161(1)(d).
2053 (d)1.(e)1. Any financial impact statement that the Supreme
2054 Court finds not to be in accordance with this subsection shall
2055 be remanded solely to the Financial Impact Estimating Conference
2056 for redrafting, provided the court’s advisory opinion is
2057 rendered at least 75 days before the election at which the
2058 question of ratifying the amendment will be presented. The
2059 Financial Impact Estimating Conference shall prepare and adopt a
2060 revised financial impact statement no later than 5 p.m. on the
2061 15th day after the date of the court’s opinion.
2062 2. If, by 5 p.m. on the 75th day before the election, the
2063 Supreme Court has not issued an advisory opinion on the initial
2064 financial impact statement prepared by the Financial Impact
2065 Estimating Conference for an initiative amendment that otherwise
2066 meets the legal requirements for ballot placement, the financial
2067 impact statement shall be deemed approved for placement on the
2068 ballot.
2069 3. In addition to the financial impact statement required
2070 by this subsection, the panel Financial Impact Estimating
2071 Conference shall draft an initiative financial information
2072 statement. The initiative financial information statement should
2073 describe in greater detail than the financial impact statement
2074 any projected increase or decrease in revenues or costs that the
2075 state or local governments would likely experience if the ballot
2076 measure were approved. If appropriate, the initiative financial
2077 information statement may include both estimated dollar amounts
2078 and a description placing the estimated dollar amounts into
2079 context. The initiative financial information statement must
2080 include both a summary of not more than 500 words and additional
2081 detailed information that includes the assumptions that were
2082 made to develop the financial impacts, workpapers, and any other
2083 information deemed relevant by the Financial Impact Estimating
2084 Conference.
2085 2.4. The Department of State shall have printed, and shall
2086 furnish to each supervisor of elections, a copy of the summary
2087 from the initiative financial information statements. The
2088 supervisors shall have the summary from the initiative financial
2089 information statements available at each polling place and at
2090 the main office of the supervisor of elections upon request.
2091 3.5. The Secretary of State and the Office of Economic and
2092 Demographic Research shall make available on the Internet each
2093 initiative financial information statement in its entirety. In
2094 addition, each supervisor of elections whose office has a
2095 website shall post the summary from each initiative financial
2096 information statement on the website. Each supervisor shall
2097 include a copy of each summary from the initiative financial
2098 information statements and the Internet addresses for the
2099 information statements on the Secretary of State’s website and
2100 the Office of Economic and Demographic Research’s websites in
2101 the publication or mailing required by s. 101.20.
2102 (9)(14) The Department of State may adopt rules in
2103 accordance with s. 120.54 to carry out the provisions of
2104 subsections (1)-(8) (1)-(14).
2105 (10)(15) No provision of this code shall be deemed to
2106 prohibit a private person exercising lawful control over
2107 privately owned property, including property held open to the
2108 public for the purposes of a commercial enterprise, from
2109 excluding from such property persons seeking to engage in
2110 activity supporting or opposing initiative amendments.
2111 Section 29. Effective upon becoming a law, section 100.373,
2112 Florida Statutes, is created to read:
2113 100.373 Circulated petition forms; verification.—
2114 (1) For the purposes of this chapter, the term “circulated
2115 petition form” means an initiative petition form circulated
2116 pursuant to s. 100.371, or a candidate petition form circulated
2117 pursuant to s. 99.095, which has not been requested pursuant to
2118 s. 100.375.
2119 (2) A voter may submit a signed circulated petition form at
2120 any supervisor of elections office located within the county in
2121 which the voter is registered to vote. A circulated petition
2122 form is valid only if the supervisor verifies that:
2123 (a) The voter presenting the circulated petition form is
2124 identified and his or her signature is verified pursuant to
2125 subsection (3);
2126 (b) The voter accurately recorded on the form the date on
2127 which he or she signed the form;
2128 (c) The form accurately sets forth the voter’s name,
2129 address, city, county, and voter registration number or date of
2130 birth;
2131 (d) The form accurately sets forth the voter’s driver
2132 license number, the voter’s Florida identification card number,
2133 or the last four digits of the voter’s social security number;
2134 and
2135 (e) The voter is, at the time he or she signs the form and
2136 at the time the form is verified, an active and duly qualified
2137 and registered voter in this state.
2138 (3)(a) The supervisor shall require the voter to present
2139 one of the following forms of current and valid picture
2140 identification:
2141 1. Florida driver license.
2142 2. Florida identification card issued by the Department of
2143 Highway Safety and Motor Vehicles.
2144 3. United States passport.
2145 4. United States Uniformed Services or Merchant Marine
2146 identification.
2147 5. Veteran health identification card issued by the United
2148 States Department of Veterans Affairs.
2149 6. License to carry a concealed weapon or firearm issued
2150 pursuant to s. 790.06.
2151 7. Employee identification card issued by any branch,
2152 department, agency, or entity of the Federal Government, the
2153 state, a county, or a municipality.
2154 (b) If the information on the picture identification
2155 matches the information on the circulated petition form and the
2156 supervisor is satisfied that the person presenting the
2157 circulated petition form is the person shown on the picture
2158 identification, the supervisor must deem the petition form
2159 submitted. The supervisor shall then verify that the signature
2160 on the circulated petition form matches a signature on file for
2161 the voter in the Florida Voter Registration System.
2162 Section 30. Effective upon becoming a law, section 100.375,
2163 Florida Statutes, is created to read:
2164 100.375 Requested petition forms; verification.—
2165 (1) DEFINITION.—For purposes of this chapter, the term
2166 “requested petition form” means an initiative petition form
2167 created pursuant to s. 100.371, or a candidate petition form
2168 created pursuant to s. 99.095, which is requested pursuant to
2169 this section.
2170 (2) REQUEST.—
2171 (a) A supervisor shall accept a request for a petition form
2172 only from a voter or, if directly instructed by the voter, a
2173 member of the voter’s immediate family or the voter’s legal
2174 guardian. A request may be made in person, in writing, by
2175 telephone, or through the supervisor’s website. The supervisor
2176 shall cancel a request for a petition form when any first-class
2177 mail or nonforwardable mail sent by the supervisor to the voter
2178 is returned as undeliverable. If the voter requests a petition
2179 form thereafter, the voter must provide or confirm his or her
2180 current residential address.
2181 (b) The supervisor may accept a request for a petition form
2182 to be mailed to a voter’s address on file in the Florida Voter
2183 Registration System from the voter, or, if directly instructed
2184 by the voter, from a member of the voter’s immediate family or
2185 the voter’s legal guardian. If an in-person or a telephonic
2186 request is made, the voter must provide the voter’s Florida
2187 driver license number, the voter’s Florida identification card
2188 number, or the last 4 digits of the voter’s social security
2189 number. If the petition form is requested to be mailed to an
2190 address other than the voter’s address on file in the Florida
2191 Voter Registration System, the request must be made in writing.
2192 A written request must be signed by the voter and include the
2193 voter’s Florida driver license number, the voter’s Florida
2194 identification card number, or the last 4 digits of the voter’s
2195 social security number. The division shall create a uniform
2196 application to request a candidate or initiative petition form.
2197 The application must solicit and require the following
2198 information:
2199 1. The full name of the voter for whom the petition form is
2200 requested;
2201 2. The voter’s residential address and county and the
2202 voter’s mailing address if different than the voter’s
2203 residential address;
2204 3. The voter’s voter registration number or date of birth;
2205 4. The voter’s Florida driver license number, the voter’s
2206 Florida identification card number, or last 4 digits of the
2207 voter’s social security number;
2208 5. The requester’s name, if applicable;
2209 6. The requester’s residential address, if applicable;
2210 7. The requester’s Florida driver license number, the
2211 requester’s Florida identification card number, or the last 4
2212 digits of the requester’s social security number, if applicable;
2213 8. The requester’s relationship to the voter, if
2214 applicable;
2215 9. An affidavit stating that the requester is authorized by
2216 the voter to request a petition form on the voter’s behalf, if
2217 applicable;
2218 10. The voter’s signature and the date signed or the
2219 requester’s signature and the date signed; and
2220 11. If the petition form requested is for an initiative
2221 petition, the ballot title and initiative petition number
2222 assigned by the division.
2223 (c) For the purposes of this section, the term “immediate
2224 family” refers to the following, as applicable:
2225 1. The voter’s spouse, parent, child, grandparent,
2226 grandchild, or sibling, or the parent, child, grandparent,
2227 grandchild, or sibling of the voter’s spouse.
2228 2. The designee’s spouse, parent, child, grandparent,
2229 grandchild, or sibling, or the parent, child, grandparent,
2230 grandchild, or sibling of the designee’s spouse.
2231 (3) PETITION FORM REQUEST INFORMATION.—For each request for
2232 a petition form received, the supervisor shall record the
2233 following information and provide such information in an
2234 electronic format as required by division rule:
2235 (a) The date the request was made;
2236 (b) The initiative petition number, if any;
2237 (c) The identity of the voter’s designee making the
2238 request, if applicable;
2239 (d) The voter’s Florida driver license number, voter’s
2240 Florida identification card number, or last 4 digits of the
2241 voter’s social security number provided with a written request;
2242 (e) The date the petition form was delivered to the voter
2243 or the voter’s designee or the date the petition form was
2244 delivered to the post office or other carrier;
2245 (f) The address to which the petition form was mailed or
2246 the identity of the voter’s designee to whom the petition form
2247 was delivered, if applicable;
2248 (g) The date the petition form was received by the
2249 supervisor;
2250 (h) The absence of the voter’s signature and the Voter’s
2251 Certificate, if applicable;
2252 (i) Whether the Voter’s Certificate contains a signature
2253 that does not match a signature on file for the voter in the
2254 Florida Voter Registration System; and
2255 (j) Any other information the supervisor deems necessary.
2256 (4) DELIVERY OF PETITION FORMS.—
2257 (a) For the purposes of this section, the term “petition
2258 deadline” means:
2259 1. In the case of an initiative petition, the 30th day
2260 preceding February 1 of the year the general election is held.
2261 2. In the case of a candidate petition, the 28th day
2262 preceding the first day of the qualifying period for the office
2263 sought.
2264 (b) The supervisor shall mail petition forms within 5
2265 business days after receiving a request for such forms. However,
2266 the supervisor shall mail petition forms that are requested
2267 pursuant to this section on or before July 1, 2025, and no later
2268 than July 5, 2025.
2269 (c) The deadline to submit a request for a petition form to
2270 be mailed is 5 p.m. local time on the 10th day before the
2271 petition deadline.
2272 (d) Upon request for a petition form, the supervisor shall
2273 provide a petition form to each voter who has made a request for
2274 such petition form, by one of the following means:
2275 1. By nonforwardable, return-if-undeliverable mail to the
2276 voter’s current mailing address on file with the supervisor or
2277 any other address the voter specifies in the request. The
2278 envelopes must be prominently marked “Do Not Forward.”
2279 2. By personal delivery to the voter up to 5 p.m. on the
2280 third day before the petition deadline upon presentation of the
2281 identification required by s. 101.043.
2282 3. By delivery to the voter’s designee up to 5 p.m. on the
2283 third day before the petition deadline. Any voter may designate
2284 in writing a person to pick up the petition form for the voter;
2285 however, the person designated may not pick up more than 2
2286 petition forms per petition, other than the designee’s own
2287 petition form, except that additional petition forms may be
2288 picked up for members of the designee’s immediate family. The
2289 designee shall provide to the supervisor the written
2290 authorization by the voter, the designee’s picture
2291 identification and a completed affidavit. The designee shall
2292 state in the affidavit that the designee is authorized by the
2293 voter to pick up the petition form and must indicate if the
2294 voter is a member of the designee’s immediate family, and, if
2295 so, the relationship. The department shall prescribe the form of
2296 the affidavit. If the supervisor is satisfied that the designee
2297 is authorized to pick up the petition form and that the
2298 signature of the voter on the written authorization matches the
2299 signature of the voter on file, the supervisor must give the
2300 petition form to the designee for delivery to the voter.
2301 (e) If a requested petition form is mailed to an address
2302 other than the voter’s address on file in the Florida Voter
2303 Registration System or delivered to a designee, the supervisor
2304 must mail a notice letter to the voter’s address on file with
2305 the Florida Voter Registration System.
2306 (5) MATERIALS.—Only the materials necessary to submit a
2307 petition form may be mailed or delivered with any petition form.
2308 (6) PROHIBITION.—A supervisor may not send a petition form
2309 to a voter unless the voter has requested a petition form in the
2310 manner authorized under this section.
2311 (7) MAILING ENVELOPE.—
2312 (a) The supervisor shall enclose with each petition form a
2313 mailing envelope that must be addressed to the supervisor and
2314 also bear on the back side a certificate in substantially the
2315 following form:
2316
2317 Note: Please Read Instructions Carefully Before
2318 Completing Petition Form and Completing Voter’s Certificate.
2319
2320 VOTER’S CERTIFICATE
2321 I, ...., do solemnly swear or affirm that I am a qualified
2322 and registered voter of .... County, Florida, and that I have
2323 not and will not submit more than one petition form for this
2324 initiative. I understand that if I commit or attempt to commit
2325 any fraud in connection with a petition, submit a fraudulent
2326 petition form, or submit more than one petition form for the
2327 same initiative, I can be convicted of a misdemeanor of the
2328 first degree and fined up to $1,000 and/or imprisoned for up to
2329 a year. I also understand that failure to sign this certificate
2330 will invalidate my petition form.
2331 ...(Date)...
2332 ...(Voter’s Signature)...
2333 ...(E-Mail Address)...
2334 ...(Home Telephone Number)...
2335 ...(Mobile Telephone Number)...
2336
2337 (b) Each return mailing envelope must bear the voter’s name
2338 and any encoded mark used by the supervisor’s office.
2339 (c) A mailing envelope may not bear any indication of the
2340 political affiliation of a voter.
2341 (8) PLACEMENT OF THE VOTER’S CERTIFICATE.—The certificate
2342 must be arranged on the back of the mailing envelope so that the
2343 line for the signature of the voter is across the seal of the
2344 envelope; however, no statement shall appear on the envelope
2345 which indicates that a signature of the voter must cross the
2346 seal of the envelope. The voter shall execute the certificate on
2347 the envelope.
2348 (9) INSTRUCTIONS.—The supervisor shall enclose with each
2349 petition form separate printed instructions in substantially the
2350 following form; however, where the instructions appear in
2351 capitalized text, the text of the printed instructions must be
2352 in boldface type:
2353
2354 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING
2355 PETITION FORM.
2356
2357 1. VERY IMPORTANT. In order to ensure that your petition
2358 form will be counted, it should be completed and returned as
2359 soon as possible so that it can reach the supervisor of
2360 elections of your county of residence no later than 5 p.m. on
2361 [INSERT PETITION DEADLINE].
2362 2. Place your completed petition form into the enclosed
2363 mailing envelope, which is addressed to the supervisor.
2364 3. Seal the mailing envelope and completely fill out the
2365 Voter’s Certificate on the back of the mailing envelope.
2366 4. VERY IMPORTANT. In order for your petition form to be
2367 counted, you must sign your name on the line above (Voter’s
2368 Signature). A petition form will not be counted if the signature
2369 on the petition form does not match the signature on record. The
2370 signature on file at the time the supervisor of elections in
2371 your county of residence receives your petition form is the
2372 signature that will be used to verify your signature on the
2373 Voter’s Certificate. If you need to update your signature for
2374 this election, send your signature update on a voter
2375 registration application to your supervisor of elections so that
2376 it is received before your petition form is received.
2377 5. Mail, deliver, or have delivered the completed mailing
2378 envelope. Be sure there is sufficient postage if mailed. THE
2379 COMPLETED MAILING ENVELOPE MUST BE DELIVERED TO THE OFFICE OF
2380 THE SUPERVISOR OF ELECTIONS OF YOUR COUNTY OF RESIDENCE.
2381 6. FELONY NOTICE. It is a felony under Florida law to
2382 accept any gift, payment, or gratuity in exchange for your
2383 submission of a petition form. It is also a felony under Florida
2384 law to submit a petition form using a false identity or false
2385 address, or under any other circumstances making your petition
2386 form false or fraudulent.
2387 7. DEADLINE NOTICE. To ensure that your petition form
2388 counts, your supervisor of elections must receive your petition
2389 form by 5 p.m. [INSERT PETITION DEADLINE]. If you wait to mail
2390 your petition form, it might not count. To prevent this from
2391 occurring, please mail or turn in your petition form as soon as
2392 possible.
2393
2394 (10) REQUEST NOT TO PRECLUDE SUBMISSION OF A CIRCULATED
2395 PETITION FORM.—The provisions of this chapter may not be
2396 construed to prohibit a voter who has requested a petition form
2397 pursuant to this section from submitting a circulated petition
2398 form pursuant to s. 100.373, provided that the voter submits no
2399 more than one signed petition form for the same initiative or
2400 candidate petition.
2401 (11) ACCOMMODATION OF DISABILITIES.—It is the intent of the
2402 Legislature that submitting petition forms be by methods that
2403 are fully accessible to all voters, including voters having a
2404 disability. The department shall work with the supervisors and
2405 the disability community to develop and implement procedures and
2406 technologies that include processes for providing petition
2407 forms, upon request, in alternative formats that allow all
2408 voters to submit a petition form without the assistance of
2409 another person.
2410 (12) VERIFICATION.—A requested petition form is valid only
2411 if the supervisor verifies that:
2412 (a) The petition form was returned in a mailing envelope
2413 delivered by the supervisor pursuant to subsection (7) and the
2414 voter completed the voter certificate;
2415 (b) The signature on the petition form matches a signature
2416 on file for the voter in the Florida Voter Registration System;
2417 (c) The voter accurately recorded on the form the date on
2418 which the voter signed the form;
2419 (d) The form accurately sets forth the voter’s name,
2420 address, city, county, and voter registration number or date of
2421 birth;
2422 (e) The form accurately sets forth the voter’s Florida
2423 driver license number, the voter’s Florida identification card
2424 number, or the last 4 digits of the voter’s social security
2425 number; and
2426 (f) The voter is, at the time he or she signs the form and
2427 at the time the form is verified, an active and duly qualified
2428 and registered voter in this state.
2429 (13) POSTHUMOUS VERIFICATION.—An otherwise valid petition
2430 form may not be invalidated because the voter died after
2431 submitting the petition.
2432 Section 31. Effective upon becoming a law, section 100.377,
2433 Florida Statutes, is created to read:
2434 100.377 Signatures gathered for initiative petition; effect
2435 of this act.—Any initiative petition form approved by the
2436 Secretary of State before the effective date of this act may
2437 continue to be circulated. Any signature gathered on an
2438 authorized form for an initiative petition or candidate petition
2439 submitted to a supervisor of elections before the effective date
2440 of this act may be kept and counted, if otherwise valid, and
2441 that form is not required to be circulated and verified pursuant
2442 to s. 100.373 or requested and verified pursuant to s. 100.375.
2443 However, any signature submitted to a supervisor of elections
2444 after the effective date of this act is subject to the
2445 provisions of this act.
2446 Section 32. Subsection (1) of section 101.043, Florida
2447 Statutes, is amended to read:
2448 101.043 Identification required at polls.—
2449 (1)(a) The precinct register, as prescribed in s. 98.461,
2450 must shall be used at the polls for the purpose of identifying
2451 the elector at the polls before allowing him or her to vote. The
2452 clerk or inspector shall require each elector, upon entering the
2453 polling place, to present one of the following current and valid
2454 picture identifications:
2455 1. Florida driver license.
2456 2. Florida identification card issued by the Department of
2457 Highway Safety and Motor Vehicles.
2458 3. United States passport or passport card.
2459 4. Debit or credit card.
2460 5. United States uniformed services or Merchant Marine
2461 Military identification.
2462 6. Student identification.
2463 7. Retirement center identification.
2464 8. Neighborhood association identification.
2465 9. Public assistance identification.
2466 5.10. Veteran health identification card issued by the
2467 United States Department of Veterans Affairs.
2468 6.11. A license to carry a concealed weapon or firearm
2469 issued pursuant to s. 790.06.
2470 7.12. Any other Employee identification card issued by any
2471 branch, department, agency, or entity of the Federal Government,
2472 the state, a county, or a municipality.
2473 (b) If the picture identification does not contain the
2474 signature of the elector, an additional identification that
2475 provides the elector’s signature is shall be required. The
2476 address appearing on the identification presented by the elector
2477 may not be used as the basis to challenge an elector’s legal
2478 residence. The elector must shall sign his or her name in the
2479 space provided on the precinct register or on an electronic
2480 device provided for recording the elector’s signature. The clerk
2481 or inspector shall compare the signature with that on the
2482 identification provided by the elector and enter his or her
2483 initials in the space provided on the precinct register or on an
2484 electronic device provided for that purpose and allow the
2485 elector to vote if the clerk or inspector is satisfied as to the
2486 identity of the elector.
2487 Section 33. Paragraph (d) of subsection (6) of section
2488 101.048, Florida Statutes, is amended to read:
2489 101.048 Provisional ballots.—
2490 (6)
2491 (d) Instructions must accompany the cure affidavit in
2492 substantially the following form:
2493
2494 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
2495 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
2496 BALLOT NOT TO COUNT.
2497
2498 1. In order to cure the missing signature or the signature
2499 discrepancy on your Provisional Ballot Voter’s Certificate and
2500 Affirmation, your affidavit should be completed and returned as
2501 soon as possible so that it can reach the supervisor of
2502 elections of the county in which your precinct is located no
2503 later than 5 p.m. on the 2nd day after the election.
2504 2. You must sign your name on the line above (Voter’s
2505 Signature).
2506 3. You must make a copy of one of the following forms of
2507 identification:
2508 a. Tier 1 identification.—Current and valid identification
2509 that includes your name and photograph: Florida driver license;
2510 Florida identification card issued by the Department of Highway
2511 Safety and Motor Vehicles; United States passport or passport
2512 card; debit or credit card; United States Uniformed Services or
2513 Merchant Marine military identification; student identification;
2514 retirement center identification; neighborhood association
2515 identification; public assistance identification; veteran health
2516 identification card issued by the United States Department of
2517 Veterans Affairs; Florida license to carry a concealed weapon or
2518 firearm; or any other employee identification card issued by any
2519 branch, department, agency, or entity of the Federal Government,
2520 the state, a county, or a municipality; or
2521 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
2522 FORM OF IDENTIFICATION, identification that shows your name and
2523 current residence address: current utility bill; bank statement;
2524 government check; paycheck; or government document (excluding
2525 voter information card).
2526 4. Place the envelope bearing the affidavit into a mailing
2527 envelope addressed to the supervisor. Insert a copy of your
2528 identification in the mailing envelope. Mail (if time permits),
2529 deliver, or have delivered the completed affidavit along with
2530 the copy of your identification to your county supervisor of
2531 elections. Be sure there is sufficient postage if mailed and
2532 that the supervisor’s address is correct. Remember, your
2533 information MUST reach your county supervisor of elections no
2534 later than 5 p.m. on the 2nd day following the election or your
2535 ballot will not count.
2536 5. Alternatively, you may fax or e-mail your completed
2537 affidavit and a copy of your identification to the supervisor of
2538 elections. If e-mailing, please provide these documents as
2539 attachments.
2540 6. Submitting a provisional ballot affidavit does not
2541 establish your eligibility to vote in this election or guarantee
2542 that your ballot will be counted. The county canvassing board
2543 determines your eligibility to vote through information provided
2544 on the Provisional Ballot Voter’s Certificate and Affirmation,
2545 written evidence provided by you, including information in your
2546 cure affidavit along with any supporting identification, and any
2547 other evidence presented by the supervisor of elections or a
2548 challenger. You may still be required to present additional
2549 written evidence to support your eligibility to vote.
2550 Section 34. Section 101.111, Florida Statutes, is amended
2551 to read:
2552 101.111 Voter challenges.—
2553 (1)(a) Any registered voter elector or poll watcher of a
2554 county or an election official acting in their official capacity
2555 in the county may challenge at the polls or during early voting
2556 the right of a person to vote in that county. A separate oath is
2557 required for each challenge. The challenge must be in writing
2558 and contain the following oath, which must shall be delivered to
2559 the clerk or inspector:
2560
2561 OATH OF PERSON ENTERING CHALLENGE
2562
2563 State of Florida
2564 County of ....
2565
2566 I do solemnly swear or affirm that my name is ....; that I am a
2567 member of the .... Party; that I am a registered voter or poll
2568 watcher pollwatcher; that my residence address is ...., in the
2569 municipality of ....; and that I have reason to believe that
2570 .... is attempting to vote illegally and the reasons for my
2571 belief are set forth herein to wit:
2572 ................................................................
2573 ................................................................
2574 ...(Signature of person challenging voter)...
2575 ...(oath executed as a registered voter or poll watcher)...
2576
2577 Sworn and subscribed to before me this .... day of ....,
2578 ...(year)....
2579 ...(Clerk of election)...
2580
2581 OATH OF ELECTION OFFICIAL
2582 ASSERTING INELIGIBILITY OF VOTER
2583
2584 State of Florida
2585 County of ....
2586
2587 I do solemnly swear or affirm that my name is ....; that I am in
2588 my official capacity as an election official asserting based on
2589 credible and reliable information that ...the voter... is
2590 attempting to vote illegally and the reasons for my belief are
2591 set forth herein to wit:
2592 ................................................................
2593 ................................................................
2594 ...(Signature of election official challenging voter)...
2595
2596 Sworn and subscribed to before me this .... day of ....,
2597 ...(year)....
2598 ...(Signature and title of official administering oath)...
2599
2600 (b)1. If the challenge is made at the county’s early voting
2601 site or at the polling place on election day, the oath must be
2602 delivered to the clerk or inspector. The clerk or inspector
2603 shall immediately deliver to the challenged person a copy of the
2604 oath of the person entering the challenge, and the challenged
2605 voter must shall be allowed to cast a provisional ballot in
2606 accordance with s. 101.048, except as provided in subparagraph
2607 2.
2608 2. If the basis for the challenge is that the person’s
2609 legal residence is not in that precinct, the person shall first
2610 be given the opportunity to execute a change of legal residence
2611 in order to be able to vote a regular ballot in accordance with
2612 s. 101.045(2). If the change of legal residence is such that the
2613 person is then properly registered for that precinct, the person
2614 shall be allowed to vote a regular ballot. If the change of
2615 legal residence places the person in another precinct, the
2616 person shall be directed to the proper precinct to vote. If such
2617 person insists that he or she is currently in the proper
2618 precinct, the person shall be allowed to vote a provisional
2619 ballot in accordance with s. 101.048.
2620 (c) Alternatively, A challenge may be made in advance in
2621 accordance with this section may be filed in advance with the
2622 supervisor of elections but no sooner than 45 30 days before an
2623 election and not at the early voting site during the early
2624 voting period or polling place on election day.
2625 1. The oath must be delivered to the supervisor’s office.
2626 The supervisor’s office shall, as soon as practicable, notify a
2627 challenged voter by:
2628 a. First-class mail with a copy of the written challenge,
2629 and notice of rights pursuant to s. 101.048;
2630 b. E-mail, if available in the record, with a scanned copy
2631 of the written challenge and notice of rights pursuant to s.
2632 101.048; or
2633 c. By call or text message, if phone number is available in
2634 the record, with instructions on how to obtain a copy of the
2635 written challenge and notice of rights pursuant to s. 101.048.
2636 2. The supervisor shall also promptly provide the election
2637 board at the early voting site or in the challenged voter’s
2638 precinct with a copy of the oath of the person entering the
2639 challenge in the event the voter appears in person to vote in
2640 lieu of voting by mail. The challenged voter must shall be
2641 allowed to cast a provisional ballot in accordance with s.
2642 101.048, subject to the provisions of subparagraph (b)2.
2643 (2) In the event the challenged voter has requested a vote
2644 by-mail ballot or has returned a voted ballot which has not been
2645 yet counted, the supervisor shall canvass the returned ballot as
2646 a provisional ballot.
2647 (3) If the basis for the challenge is that the person’s
2648 legal residence is not in that precinct, the person must first
2649 be given the opportunity to execute a change of legal residence
2650 in order to be able to vote a regular ballot in accordance with
2651 s. 101.045(2). If the change of legal residence is such that the
2652 person is then properly registered for that precinct, the person
2653 must be allowed to vote a regular ballot. If the change of legal
2654 residence places the person in another precinct, the person must
2655 be directed to the proper precinct to vote. If such person
2656 insists that he or she is currently in the proper precinct, the
2657 person must be allowed to vote a provisional ballot in
2658 accordance with s. 101.048.
2659 (4) Any elector or poll watcher filing a frivolous
2660 challenge of any person’s right to vote commits a misdemeanor of
2661 the first degree, punishable as provided in s. 775.082 or s.
2662 775.083; however, electors or poll watchers shall not be subject
2663 to liability for any action taken in good faith and in
2664 furtherance of any activity or duty permitted of such electors
2665 or poll watchers by law. Each instance where any elector or poll
2666 watcher files a frivolous challenge of any person’s right to
2667 vote constitutes a separate offense.
2668 Section 35. Section 101.131, Florida Statutes, is amended
2669 to read:
2670 101.131 Watchers at polls.—
2671 (1) Each political party and each candidate may have one
2672 poll watcher in each polling room or early voting area at any
2673 one time during the election. A political committee formed for
2674 the specific purpose of expressly advocating the passage or
2675 defeat of an issue on the ballot may have one poll watcher for
2676 each polling room or early voting area at any one time during
2677 the election.
2678 (2)(a) Each poll watcher must be a qualified and registered
2679 voter of the county in which he or she serves. A poll watcher
2680 must complete a minimum 2-hour training program provided by the
2681 department.
2682 (b) The department shall make available a 2-hour training
2683 program for poll watchers designated pursuant to this section.
2684 (3)(a) A poll watcher appointed for service must be allowed
2685 to observe and report on irregularities in the conduct of an
2686 election, but may not interfere in the orderly conduct of
2687 elections. Such poll watchers must be allowed to enter and watch
2688 polls in all polling rooms and early voting sites within the
2689 county in which they have been designated as long as the number
2690 of poll watchers at any particular polling place does not exceed
2691 the number provided in this subsection.
2692 (b) A No watcher may not shall be permitted to come closer
2693 to the officials’ table or the voting booths than is reasonably
2694 necessary to properly perform his or her functions, but each
2695 must shall be allowed within the polling room or early voting
2696 area to watch and observe the conduct of voters electors and
2697 officials. The poll watchers must shall furnish their own
2698 materials and necessities and may shall not obstruct the orderly
2699 conduct of any election. The poll watchers may shall pose any
2700 questions regarding polling place procedures directly to the
2701 clerk for resolution. They may not interact with voters or
2702 otherwise disrupt the voting process. Each poll watcher must
2703 shall be a qualified and registered voter elector of the county
2704 in which he or she serves.
2705 (4)(a)(2) Each party, each political committee, and each
2706 candidate requesting to have poll watchers shall designate, in
2707 writing to the supervisors of elections, on a form prescribed by
2708 the division, before noon of the second Tuesday preceding the
2709 election poll watchers for each polling room on election day.
2710 The form must, at a minimum, elicit the date of election;
2711 whether service is for early voting or election day; the
2712 designated person’s voter information card number, name, and
2713 phone number; that the person is a qualified registered voter in
2714 the county of service; the party, the political committee, or
2715 candidate for whom the person is serving as a designated poll
2716 water; that the person has taken the required training program;
2717 and that the person has accepted to serve as a poll watcher, if
2718 approved.
2719 (b) Designations of poll watchers for early voting areas
2720 must shall be submitted in writing to the supervisor of
2721 elections, on a form prescribed by the division, before noon at
2722 least 14 days before early voting begins. The poll watchers for
2723 polling rooms must shall be approved by the supervisor of
2724 elections on or before the Tuesday before the election. Poll
2725 watchers for early voting areas must shall be approved by the
2726 supervisor of elections no later than 7 days before early voting
2727 begins.
2728 (c) The supervisor shall furnish to each election board a
2729 list of the poll watchers designated and approved for such
2730 polling rooms or early voting areas.
2731 (d) Designation of poll watchers must shall be made by the
2732 chair of the county executive committee of a political party,
2733 the chair of a political committee, or the candidate requesting
2734 to have poll watchers.
2735 (5)(3) No candidate or sheriff, deputy sheriff, police
2736 officer, or other law enforcement officer may be designated as a
2737 poll watcher.
2738 (6)(4) All poll watchers must shall be allowed to enter and
2739 watch polls in all polling rooms and early voting areas within
2740 the county in which they have been designated if the number of
2741 poll watchers at any particular polling place does not exceed
2742 the number provided in this section.
2743 (7)(a)(5) The supervisor of elections shall provide to each
2744 designated poll watcher an identification badge which identifies
2745 the poll watcher as such and includes only the poll watcher’s by
2746 name, and the candidate, political committee, or political party
2747 that the poll watcher represents.
2748 (b) Each poll watcher must wear his or her identification
2749 badge while performing his or her duties.
2750 (8) The department may adopt rules to administer this
2751 section.
2752 Section 36. Section 101.151, Florida Statutes, is amended
2753 to read:
2754 101.151 Specifications for ballots.—
2755 (1) BALLOT PRINT.—
2756 (a) Marksense Ballots must shall be printed on paper of
2757 such thickness that the printing cannot be distinguished from
2758 the back and must shall meet the specifications of the voting
2759 system that will be used to tabulate the ballots.
2760 (b) Polling places and early voting sites may employ a
2761 ballot-on-demand production system to print individual marksense
2762 ballots, including provisional ballots, for eligible electors.
2763 Ballot-on-demand technology may be used to produce marksense
2764 vote-by-mail, early voting, and election-day ballots.
2765 (2) OFFICE TITLES.—
2766 (a) The ballot must include the following office titles
2767 above the names of the candidates for the respective offices in
2768 the following order:
2769 1. The office titles of President and Vice President above
2770 the names of the candidates for President and Vice President of
2771 the United States nominated by the political party that received
2772 the highest vote for Governor in the last general election of
2773 the Governor in this state, followed by the names of other
2774 candidates for President and Vice President of the United States
2775 who have been properly nominated. In a presidential preference
2776 primary only, the office title of President may be placed above
2777 the list of presidential candidate names for such office.
2778 2. The office titles of United States Senator and
2779 Representative in Congress.
2780 3. The office titles of Governor and Lieutenant Governor;
2781 Attorney General; Chief Financial Officer; Commissioner of
2782 Agriculture; State Attorney, with the applicable judicial
2783 circuit; and Public Defender, with the applicable judicial
2784 circuit.
2785 4. The office titles of State Senator and State
2786 Representative, with the applicable district for the office
2787 printed beneath.
2788 5. The office titles of Clerk of the Circuit Court or, when
2789 the Clerk of the Circuit Court also serves as the County
2790 Comptroller, Clerk of the Circuit Court and Comptroller, when
2791 authorized by law; Clerk of the County Court, when authorized by
2792 law; Sheriff; Property Appraiser; Tax Collector; District
2793 Superintendent of Schools; and Supervisor of Elections.
2794 6. The office titles of Board of County Commissioners, with
2795 the applicable district printed beneath each office, and such
2796 other county and district offices as are involved in the
2797 election, in the order fixed by the Department of State,
2798 followed, in the year of their election, by “Party Offices,” and
2799 thereunder the offices of state and county party executive
2800 committee members.
2801 (b) In a general election, in addition to the names printed
2802 on the ballot, a blank space must shall be provided under each
2803 office for which a write-in candidate has qualified. With
2804 respect to write-in candidates, if two or more candidates are
2805 seeking election to one office, only one blank space will shall
2806 be provided.
2807 (c) When more than one candidate is nominated for office,
2808 the candidates for such office must shall qualify and run in a
2809 group or district, and the group or district number must shall
2810 be printed beneath the name of the office. Each nominee of a
2811 political party chosen in a primary must shall appear on the
2812 general election ballot in the same numbered group or district
2813 as on the primary election ballot.
2814 (d) If in any election all the offices as set forth in
2815 paragraph (a) are not involved, those offices not to be filled
2816 must shall be omitted and the remaining offices must shall be
2817 arranged on the ballot in the order named.
2818 (3) PRIMARY ELECTION BALLOT ORDER.—
2819 (a) The names of the candidates of the party that received
2820 the highest number of votes for Governor in the last election in
2821 which a Governor was elected shall be placed first for each
2822 office on the general election ballot, together with an
2823 appropriate abbreviation of the party name; the names of the
2824 candidates of the party that received the second highest vote
2825 for Governor shall be placed second for each office, together
2826 with an appropriate abbreviation of the party name.
2827 (b) Minor political party candidates shall have their names
2828 appear on the general election ballot following the names of
2829 recognized political parties, in the same order as they were
2830 qualified, followed by the names of candidates with no party
2831 affiliation, in the order as they were qualified.
2832 (4)(a) The names of candidates for each office must shall
2833 be arranged alphabetically as to surnames on a primary election
2834 ballot.
2835 (b) When two or more candidates running for the same office
2836 on an election ballot have the same or a similar surname, the
2837 word “incumbent” must appear next to the incumbent’s name. In a
2838 primary election only, the office title of Governor may be
2839 placed above the names of the candidates for such office
2840 regardless of whether the candidate for Governor has designated
2841 a Lieutenant Governor as a running mate before the deadline
2842 pursuant to s. 99.063.
2843 (4) GENERAL ELECTION BALLOT ORDER.—
2844 (a) The names of the candidates of the party that received
2845 the highest number of votes for Governor in the last election in
2846 which a Governor was elected must be placed first for each
2847 office on the general election ballot, together with an
2848 appropriate abbreviation of the party name; the names of the
2849 candidates of the party that received the second highest vote
2850 for Governor must be placed second for each office, together
2851 with an appropriate abbreviation of the party name.
2852 (b) The names of minor political party candidates must
2853 appear on the general election ballot following the names of
2854 recognized political parties, in the same order as they were
2855 qualified, followed by the names of candidates with no party
2856 affiliation, in the order they were qualified
2857 (5) The primary election ballot shall be arranged so that
2858 the offices of Governor and Lieutenant Governor are joined in a
2859 single voting space to allow each elector to cast a single vote
2860 for the joint candidacies for Governor and Lieutenant Governor,
2861 if applicable.
2862 (c)(6) The general election ballot must shall be arranged
2863 so that the offices of President and Vice President are joined
2864 in a single voting space to allow each elector to cast a single
2865 vote for the joint candidacies for President and Vice President
2866 and so that the offices of Governor and Lieutenant Governor are
2867 joined in a single voting space to allow each elector to cast a
2868 single vote for the joint candidacies for Governor and
2869 Lieutenant Governor.
2870 (d)(7) Except for justices or judges seeking retention, the
2871 names of unopposed candidates may shall not appear on the
2872 general election ballot. Each unopposed candidate shall be
2873 deemed to have voted for himself or herself.
2874 (5)(8) LANGUAGE.—In counties subject to multi-language
2875 ballot requirements, the supervisor may petition the United
2876 States Department of Justice for authorization for the
2877 supervisor to print and deliver single-language ballots for each
2878 minority language required.
2879 (6)(9) RULEMAKING.—
2880 (a) The Department of State shall adopt rules prescribing a
2881 uniform primary and general election ballot for each certified
2882 voting system. The rules must shall incorporate the requirements
2883 set forth in this section and shall prescribe additional matters
2884 and forms that include, without limitation:
2885 1. The ballot title followed by clear and unambiguous
2886 ballot instructions and directions limited to a single location
2887 on the ballot, either:
2888 a. Centered across the top of the ballot; or
2889 b. In the leftmost column, with no individual races in that
2890 column unless it is the only column on the ballot;
2891 2. Individual race layout; and
2892 3. Overall ballot layout.
2893 (b) The rules must graphically depict a sample uniform
2894 primary and general election ballot form for each certified
2895 voting system.
2896 Section 37. Effective upon becoming a law, subsection (1)
2897 of section 101.161, Florida Statutes, is amended to read:
2898 101.161 Referenda; ballots.—
2899 (1) A constitutional amendment proposed by initiative must
2900 define all terms of art and describe all newly created rights,
2901 requirements, prohibitions, and authorizations. Whenever a
2902 constitutional amendment or other public measure is submitted to
2903 the vote of the people, a ballot summary of such amendment or
2904 other public measure shall be printed in clear and unambiguous
2905 language on the ballot after the list of candidates, followed by
2906 the word “yes” and also by the word “no,” and shall be styled in
2907 such a manner that a “yes” vote will indicate approval of the
2908 proposal and a “no” vote will indicate rejection. The ballot
2909 summary of the amendment or other public measure and the ballot
2910 title to appear on the ballot shall be embodied in the
2911 constitutional revision commission proposal, constitutional
2912 convention proposal, taxation and budget reform commission
2913 proposal, or enabling resolution or ordinance. The ballot
2914 summary of the amendment or other public measure shall be an
2915 explanatory statement, not exceeding 75 words in length, of the
2916 chief purpose of the measure. In addition, for every
2917 constitutional amendment proposed by initiative, the ballot
2918 shall include, following the ballot summary, in the following
2919 order:
2920 (a) A disclosure prepared by the Attorney General
2921 describing the material legal effects of the proposed amendment
2922 and identifying each provision of the State Constitution and
2923 Florida Statutes which may be repealed in full or in part.
2924 (b) A separate financial impact statement concerning the
2925 measure prepared by a panel composed of Trustees of the State
2926 Board of Administration or their appointees the Financial Impact
2927 Estimating Conference in accordance with s. 100.371(8) s.
2928 100.371(13).
2929 (c)(b) If the financial impact statement projects a net
2930 negative impact on the state budget, the following statement in
2931 bold print:
2932
2933 THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO
2934 HAVE A NET NEGATIVE IMPACT ON THE STATE BUDGET. THIS
2935 IMPACT MAY RESULT IN HIGHER TAXES OR A LOSS OF
2936 GOVERNMENT SERVICES IN ORDER TO MAINTAIN A BALANCED
2937 STATE BUDGET AS REQUIRED BY THE CONSTITUTION.
2938
2939 (d)1.(c)1. If the financial impact statement projects a net
2940 positive impact on the state budget resulting in whole or in
2941 part from additional tax revenue, the following statement in
2942 bold print:
2943
2944 THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO
2945 HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET. THIS
2946 IMPACT MAY RESULT IN GENERATING ADDITIONAL REVENUE OR
2947 AN INCREASE IN GOVERNMENT SERVICES.
2948
2949 2. If the financial impact statement projects a net
2950 positive impact on the state budget for reasons other than those
2951 specified in subparagraph 1., the following statement in bold
2952 print:
2953
2954 THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO
2955 HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET. THIS
2956 IMPACT MAY RESULT IN LOWER TAXES OR AN INCREASE IN
2957 GOVERNMENT SERVICES.
2958
2959 (e)(d) If the financial impact statement is indeterminate
2960 or the members of the panel Financial Impact Estimating
2961 Conference are unable to agree on the financial impact
2962 statement, the following statement in bold print:
2963
2964 THE FINANCIAL IMPACT OF THIS AMENDMENT CANNOT BE
2965 DETERMINED DUE TO AMBIGUITIES AND UNCERTAINTIES
2966 SURROUNDING THE AMENDMENT’S IMPACT.
2967
2968 The ballot title shall consist of a caption, not exceeding 15
2969 words in length, by which the measure is commonly referred to or
2970 spoken of. This subsection does not apply to constitutional
2971 amendments or revisions proposed by joint resolution.
2972 Section 38. Section 101.20, Florida Statutes, is amended to
2973 read:
2974 101.20 Publication of ballot form; sample ballots.—
2975 (1) Two sample ballots shall be furnished to each polling
2976 place by the officer whose duty it is to provide official
2977 ballots. The sample ballots shall be in the form of the official
2978 ballot as it will appear at that polling place on election day.
2979 Sample ballots shall be open to inspection by all electors in
2980 any election, and a sufficient number of reduced-size ballots
2981 may be furnished to election officials so that one may be given
2982 to any elector desiring same.
2983 (2)(a) Upon completion of the list of qualified candidates,
2984 a Sample ballots must ballot shall be published by the
2985 supervisor in a newspaper of general circulation in the county,
2986 through the supervisor’s website, or on the county’s website as
2987 provided in s. 50.0311. Such newspaper or online publication
2988 must occur no later than 7 days before the start of early voting
2989 as scheduled for an election in the county before the day of
2990 election.
2991 (b) In lieu of the publication required under paragraph
2992 (a), a supervisor may send a sample ballot to each registered
2993 voter no later than 7 days before the start of early voting as
2994 scheduled for an election in the county.
2995 1. If an e-mail address is on file, the sample ballot may
2996 be e-mailed or provided by other elector by e-mail at least 7
2997 days before an election if an e-mail address has been provided
2998 and the elector has opted to receive a sample ballot by
2999 electronic delivery.
3000 2. If an e-mail address is not on file has not been
3001 provided, or if the voter elector has not opted for electronic
3002 delivery, a sample ballot may be mailed to each registered voter
3003 elector or to each household in which there is a registered
3004 voter no later than elector at least 7 days before the start of
3005 early voting as scheduled for an election in the county.
3006 (2) Sample ballots must be available in each polling place
3007 for voters to inspect, either as a display or upon request.
3008 (3) A sample ballot may be in the format of an official
3009 ballot but must be watermarked with the word “SAMPLE” or
3010 otherwise indicate that it is a sample ballot.
3011 Section 39. Subsection (1) of section 101.252, Florida
3012 Statutes, is amended to read:
3013 101.252 Candidates entitled to have names printed on
3014 certain ballots; exception.—
3015 (1) Any candidate for nomination who has qualified as
3016 prescribed by law is entitled to have his or her name printed on
3017 the official primary election ballot. However, when there is
3018 only one candidate of any political party qualified for an
3019 office, the name of the candidate may shall not be printed on
3020 the primary election ballot, and such candidate shall be
3021 declared nominated for the office. This section does not apply
3022 to candidates for political party executive committees.
3023 Section 40. Section 101.2521, Florida Statutes, is created
3024 to read:
3025 101.2521 Restriction on the withdrawal of certain
3026 candidates.—If a qualified candidate withdraws after the end of
3027 qualifying for the primary election and his or her withdrawal
3028 results in the winner of a contest in the primary election
3029 becoming an unopposed candidate for the general election, such
3030 contest must be instead placed on the general election ballot.
3031 Section 41. Subsection (4) of section 101.5606, Florida
3032 Statutes, is amended to read:
3033 101.5606 Requirements for approval of systems.—No
3034 electronic or electromechanical voting system shall be approved
3035 by the Department of State unless it is so constructed that:
3036 (4) For systems using marksense ballots, It accepts a
3037 rejected ballot pursuant to subsection (3) if a voter chooses to
3038 cast the ballot, but records no vote for any office that has
3039 been overvoted or undervoted.
3040 Section 42. Section 101.56075, Florida Statutes, is amended
3041 to read:
3042 101.56075 Voting methods.—For the purpose of designating
3043 ballot selections, all voting must be by marksense ballot or
3044 official ballot. Each location where voting takes place must
3045 contain and make available for use both voting machines that
3046 accept paper ballots completed by voters, using a manual marking
3047 device and voting machines using or a voter interface device
3048 that produces a voter-verifiable paper output of a voter’s
3049 selections and meets the voter accessibility requirements for
3050 individuals with disabilities under s. 301 of the federal Help
3051 America Vote Act of 2002 and s. 101.56062. The default voting
3052 method is manual voting device. A voter may request and must be
3053 provided a voter interface device that produces a voter
3054 verifiable paper output.
3055 Section 43. Subsections (1), (2), and (3) of section
3056 101.5608, Florida Statutes, are amended to read:
3057 101.5608 Voting by electronic or electromechanical method;
3058 procedures.—
3059 (1) Each voter elector desiring to vote must shall be
3060 identified to the clerk or inspector of the election as a duly
3061 qualified voter elector of such election and must shall sign his
3062 or her name on the precinct register or other form or device
3063 provided by the supervisor. The inspector shall compare the
3064 signature with the signature on the identification provided by
3065 the voter and follow the procedures in s. 101.049 before
3066 proceeding with subsection (2) elector. If the inspector is
3067 reasonably sure that the person is entitled to vote, the
3068 inspector shall provide the person with a ballot.
3069 (2) When an electronic or electromechanical voting system
3070 utilizes a ballot card or marksense ballot, The following
3071 procedures must shall be followed to vote:
3072 (a) After receiving a ballot from an inspector, the voter
3073 elector shall, without leaving the polling place, retire to a
3074 booth or compartment and mark the ballot. After marking his or
3075 her ballot, the voter elector shall place the ballot in a
3076 secrecy envelope so that the ballot will be deposited in the
3077 tabulator without exposing the voter’s choices.
3078 (b) Any voter who spoils his or her ballot or makes an
3079 error may return the ballot to the election official and secure
3080 another ballot, except that in no case shall a voter be
3081 furnished more than three ballots. If the vote tabulation device
3082 has rejected a ballot, the ballot must shall be considered
3083 spoiled and a new ballot must shall be provided to the voter
3084 unless the voter chooses to cast the rejected ballot. The
3085 election official, without examining the original ballot, shall
3086 state the possible reasons for the rejection and shall provide
3087 instruction to the voter pursuant to s. 101.5611. A spoiled
3088 ballot must shall be preserved, without examination, in an
3089 envelope provided for that purpose. The stub must shall be
3090 removed from the ballot and placed in an envelope.
3091 (c) The supervisor of elections shall prepare for each
3092 polling place at least one ballot box to contain the ballots of
3093 a particular precinct, and each ballot box must shall be plainly
3094 marked with the name of the precinct for which it is intended.
3095 (3) The Department of State shall promulgate rules
3096 regarding voting procedures to be used when an electronic or
3097 electromechanical voting system is of a type which does not
3098 utilize a ballot card or marksense ballot.
3099 Section 44. Subsection (5) of section 101.5612, Florida
3100 Statutes, is amended to read:
3101 101.5612 Testing of tabulating equipment.—
3102 (5) Any tests involving marksense ballots pursuant to this
3103 section must shall employ test ballots created by the supervisor
3104 of elections using actual ballots that have been printed for the
3105 election. If ballot-on-demand ballots will be used in the
3106 election, the supervisor must shall also create test ballots
3107 using the ballot-on-demand technology that will be used to
3108 produce ballots in the election, using the same paper stock as
3109 will be used for ballots in the election.
3110 Section 45. Subsection (4) of section 101.5614, Florida
3111 Statutes, is amended to read:
3112 101.5614 Canvass of returns.—
3113 (4)(a) If any vote-by-mail ballot is physically damaged so
3114 that it cannot properly be counted by the voting system’s
3115 automatic tabulating equipment, a true duplicate copy must shall
3116 be made of the damaged ballot in an open and accessible room in
3117 the presence of witnesses and substituted for the damaged
3118 ballot. Likewise, a duplicate ballot must shall be made of a
3119 vote-by-mail ballot containing an overvoted race if there is a
3120 clear indication on the ballot that the voter has made a
3121 definite choice in the overvoted race or ballot measure. A
3122 duplicate must shall include all valid votes as determined by
3123 the canvassing board based on rules adopted by the division
3124 pursuant to s. 102.166(4). A duplicate may be made of a ballot
3125 containing an undervoted race or ballot measure if there is a
3126 clear indication on the ballot that the voter has made a
3127 definite choice in the undervoted race or ballot measure. A
3128 duplicate may not include a vote if the voter’s intent in such
3129 race or on such measure is not clear. Upon request, a physically
3130 present candidate, a political party official, a political
3131 committee official, or an authorized designee thereof, must be
3132 allowed to observe the duplication of ballots upon signing an
3133 affidavit affirming his or her acknowledgment that disclosure of
3134 election results discerned from observing the ballot duplication
3135 process while the election is ongoing is a felony, as provided
3136 under subsection (8). The observer must be allowed to observe
3137 the duplication of ballots in such a way that the observer is
3138 able to see the markings on each ballot and the duplication
3139 taking place. All duplicate ballots must be clearly labeled
3140 “duplicate,” bear a serial number which shall be recorded on the
3141 defective ballot, and be counted in lieu of the defective
3142 ballot. The duplication of ballots must happen in the presence
3143 of at least one canvassing board member. After a ballot has been
3144 duplicated, the defective ballot and the duplicate ballot must
3145 shall be placed in an envelope provided for that purpose, and
3146 presented to the canvassing board for review the duplicate
3147 ballot shall be tallied with the other ballots for that
3148 precinct. If any observer makes a reasonable objection to a
3149 duplicate of a ballot, the ballot must be presented to the
3150 canvassing board for a determination of the validity of the
3151 duplicate. The canvassing board shall must document the serial
3152 number of the ballot in the canvassing board’s minutes. The
3153 canvassing board shall must decide whether the duplication is
3154 valid. If the duplicate ballot is determined to be valid, the
3155 duplicate ballot must be counted. If the duplicate ballot is
3156 determined to be invalid, the duplicate ballot must be rejected
3157 and a proper duplicate ballot must be made and counted in lieu
3158 of the original.
3159 (b) A true duplicate copy must shall be made of each
3160 federal write-in absentee ballot in the presence of witnesses
3161 and substituted for the federal write-in absentee ballot. The
3162 duplicate ballot must include all valid votes as determined by
3163 the canvassing board based on rules adopted by the division
3164 pursuant to s. 102.166(4). All duplicate ballots must shall be
3165 clearly labeled “duplicate,” bear a serial number that must
3166 shall be recorded on the federal write-in absentee ballot, and
3167 be counted in lieu of the federal write-in absentee ballot.
3168 After a ballot has been duplicated, the federal write-in
3169 absentee ballot must shall be placed in an envelope provided for
3170 that purpose, and the duplicate ballot must shall be tallied
3171 with other ballots for that precinct.
3172 Section 46. Subsection (2) of section 101.572, Florida
3173 Statutes, is amended to read:
3174 101.572 Public inspection of ballots.—
3175 (2) A candidate, a political party official, or a political
3176 committee official, or an authorized designee thereof, shall be
3177 granted reasonable access upon request to review or inspect
3178 ballot materials before canvassing or tabulation, including
3179 voter certificates on vote-by-mail envelopes, cure affidavits,
3180 corresponding comparison signatures, duplicate ballots, and
3181 corresponding originals. Before the supervisor begins comparing
3182 signatures on vote-by-mail voter certificates, the supervisor
3183 shall must publish notice of the access to be provided under
3184 this section, which may be access to the documents or images
3185 thereof, and the method of requesting such access. During such
3186 review, no person granted access for review may make any copy of
3187 a signature. During a county canvassing board’s determination of
3188 voter intent s. 101.5614(4)(a), a candidate, a political party
3189 official, or a political committee official, or an authorized
3190 designee thereof, may object to the canvassing board’s
3191 determination of voter intent.
3192 Section 47. Section 101.591, Florida Statutes, is amended
3193 to read:
3194 101.591 Voting system validation process audit.—
3195 (1) Before Immediately following the certification of each
3196 election, the county canvassing board or the local board
3197 responsible for certifying the election shall conduct a manual
3198 audit or an automated, independent vote validation audit of the
3199 voting systems used in all randomly selected precincts.
3200 (2)(a) A manual audit shall consist of a public manual
3201 tally of the votes cast in one randomly selected race that
3202 appears on the ballot. The tally sheet shall include election
3203 day, vote-by-mail, early voting, provisional, and overseas
3204 ballots, in at least 1 percent but no more than 2 percent of the
3205 precincts chosen at random by the county canvassing board or the
3206 local board responsible for certifying the election. If 1
3207 percent of the precincts is less than one entire precinct, the
3208 audit shall be conducted using at least one precinct chosen at
3209 random by the county canvassing board or the local board
3210 responsible for certifying the election. Such precincts shall be
3211 selected at a publicly noticed canvassing board meeting.
3212 (b) An automated vote validation process must audit shall
3213 consist of an a public automated verification of the tally of
3214 the votes cast across every race that appears on the ballot. The
3215 tally sheet must shall include election day, vote-by-mail, early
3216 voting, provisional, and overseas ballots in all at least 20
3217 percent of the precincts chosen at random by the county
3218 canvassing board or the local board responsible for certifying
3219 the election. Such precincts shall be selected at a publicly
3220 noticed canvassing board meeting.
3221 (c) The division shall adopt rules for approval of an
3222 independent audit system which provide that the system, at a
3223 minimum, must be:
3224 1. Completely independent of the primary voting system.
3225 2. Fast enough to produce final audit results within the
3226 timeframe prescribed in subsection (4).
3227 3. Capable of demonstrating that the ballots of record have
3228 been accurately adjudicated by the audit system.
3229 (3) The canvassing board shall publish notice on the county
3230 website as provided in s. 50.0311, on the supervisor of
3231 election’s website, or once in one or more newspapers of general
3232 circulation in the county post a notice of the automated vote
3233 validation process audit, including the date, time, and place,
3234 in four conspicuous places in the county and on the home page of
3235 the county supervisor of elections website. Such process must be
3236 open to the public.
3237 (4) The vote validation process audit must be completed and
3238 the results made public before the certification of the election
3239 by each county canvassing board and in accordance with s.
3240 102.141 no later than 11:59 p.m. on the 7th day following
3241 certification of the election by the county canvassing board or
3242 the local board responsible for certifying the election.
3243 (5) By December 15 of each general election year, the
3244 county canvassing board or the board responsible for certifying
3245 the election shall provide a report with the results of the vote
3246 validation audit to the Department of State in a standard format
3247 as prescribed by the department. Each county’s The report must
3248 be consolidated into one report and included with the overvote
3249 and undervote report required under s. 101.595(1). The report
3250 must, at a minimum, contain all of shall contain, but is not
3251 limited to, the following items:
3252 (a) The overall accuracy of vote validation audit.
3253 (b) A description of any problems or discrepancies
3254 encountered.
3255 (c) The likely cause of such problems or discrepancies.
3256 (d) Recommended corrective action with respect to avoiding
3257 or mitigating such circumstances in future elections.
3258 (6) If a manual recount is undertaken pursuant to s.
3259 102.166, the canvassing board is not required to perform the
3260 audit provided for in this section.
3261 Section 48. Section 101.5911, Florida Statutes, is amended
3262 to read:
3263 101.5911 Rulemaking authority for voting system vote
3264 validation audit procedures.—Effective upon this act becoming a
3265 law, The department of State shall adopt rules to implement the
3266 provisions of s. 101.591, as amended by s. 8, chapter 2007-30,
3267 Laws of Florida, which prescribe detailed vote validation audit
3268 procedures for each voting system, which must shall be uniform
3269 to the extent practicable, along with the standard form for vote
3270 validation audit reports.
3271 Section 49. Section 101.595, Florida Statutes, is amended
3272 to read:
3273 101.595 Post general election report Analysis and reports
3274 of voting problems.—
3275 (1)(a) No later than December 15 of each general election
3276 year, the supervisor of elections in each county shall report to
3277 the Department of State the total number of overvotes and
3278 undervotes in the “President and Vice President” or “Governor
3279 and Lieutenant Governor” race that appears first on the ballot
3280 or, if neither appears, the first race appearing on the ballot
3281 pursuant to s. 101.151(2), along with the likely reasons for
3282 such overvotes and undervotes and other information as may be
3283 useful in evaluating the performance of the voting system and
3284 identifying problems with ballot design and instructions which
3285 may have contributed to voter confusion. This report must be
3286 consolidated into one report with the audit report required
3287 under s. 101.591(5).
3288 (b)(2) The Department of State, upon receipt of such
3289 information, shall prepare a public report on the performance of
3290 each type of voting system. The report must contain, but is not
3291 limited to, the following information:
3292 1.(a) An identification of problems with the ballot design
3293 or instructions which may have contributed to voter confusion;
3294 2.(b) An identification of voting system design problems;
3295 and
3296 3.(c) Recommendations for correcting any problems
3297 identified.
3298 (2) The department shall submit the analysis of the report
3299 in subsection (1) as part of the consolidated reports required
3300 under ss. 101.591 and 102.143 to the Governor, the President of
3301 the Senate, and the Speaker of the House of Representatives by
3302 February 15 of each year following a general election.
3303 (3) The Department of State shall submit the report to the
3304 Governor, the President of the Senate, and the Speaker of the
3305 House of Representatives by February 15 of each year following a
3306 general election.
3307 Section 50. Section 101.6104, Florida Statutes, is amended
3308 to read:
3309 101.6104 Protest Challenge of votes.—If any elector present
3310 for the canvass of votes believes that any ballot is illegal due
3311 to any defect apparent on the voter’s certificate, the elector
3312 may, at any time before the ballot is removed from the envelope,
3313 file with the canvassing board a protest against the canvass of
3314 such ballot, specifying the reason he or she believes the ballot
3315 to be illegal. No protest challenge based upon any defect on the
3316 voter’s certificate may shall be accepted after the ballot has
3317 been removed from the return mailing envelope.
3318 Section 51. Section 101.62, Florida Statutes, is amended to
3319 read:
3320 101.62 Request for vote-by-mail ballots.—
3321 (1) REQUEST.—
3322 (a) Vote-by-mail request forms are not automatically mailed
3323 out to voters. A voter must initiate the request for a vote-by
3324 mail ballot form from the supervisor of elections. The
3325 supervisor shall accept a request for a vote-by-mail ballot only
3326 from a voter or, if directly instructed by the voter, a member
3327 of the voter’s immediate family or the voter’s legal guardian. A
3328 request may be made in person, in writing, by telephone, or
3329 through the supervisor’s website. A voter requesting a vote-by
3330 mail ballot by mail or in person must use the paper or online
3331 version of the department shall prescribe by rule by October 1,
3332 2023, a uniform statewide application to make a written request
3333 for a vote-by-mail ballot which includes fields for all
3334 information required in this subsection. One request is deemed
3335 sufficient to receive a vote-by-mail ballot for all elections
3336 through the end of the calendar year of the next regularly
3337 scheduled general election, unless the voter or the voter’s
3338 designee indicates at the time the request is made the elections
3339 within such period for which the voter desires to receive a
3340 vote-by-mail ballot. The supervisor shall must cancel a request
3341 for a vote-by-mail ballot when any first-class mail or
3342 nonforwardable mail sent by the supervisor to the voter is
3343 returned as undeliverable. If the voter requests a vote-by-mail
3344 ballot thereafter, the voter must provide or confirm his or her
3345 current residential address.
3346 (b) The supervisor may accept a request for a vote-by-mail
3347 ballot to be mailed to a voter’s address on file in the Florida
3348 Voter Registration System from the voter, or, if directly
3349 instructed by the voter, a member of the voter’s immediate
3350 family or the voter’s legal guardian. If an in-person or a
3351 telephonic request is made, the voter must provide the voter’s
3352 Florida driver license number, the voter’s Florida
3353 identification card number, or the last four digits of the
3354 voter’s social security number, whichever may be verified in the
3355 supervisor’s records. If the ballot is requested to be mailed to
3356 an address other than the voter’s address on file in the Florida
3357 Voter Registration System, the request must be made in writing.
3358 A written request must be signed by the voter and include the
3359 voter’s Florida driver license number, the voter’s Florida
3360 identification card number, or the last four digits of the
3361 voter’s social security number. However, an absent uniformed
3362 services voter or an overseas voter seeking a vote-by-mail
3363 ballot is not required to submit a signed, written request for a
3364 vote-by-mail ballot that is being mailed to an address other
3365 than the voter’s address on file in the Florida Voter
3366 Registration System. The person making the request must
3367 disclose:
3368 1. The name of the voter for whom the ballot is requested.
3369 2. The voter’s address.
3370 3. The voter’s date of birth.
3371 4. The voter’s Florida driver license number, the voter’s
3372 Florida identification card number, or the last four digits of
3373 the voter’s social security number, whichever may be verified in
3374 the supervisor’s records. If the voter’s registration record
3375 does not already include the voter’s Florida driver license
3376 number or Florida identification card number or the last four
3377 digits of the voter’s social security number, the number
3378 provided must be recorded in the voter’s registration record.
3379 5. The requester’s name.
3380 6. The requester’s address.
3381 7. The requester’s driver license number, the requester’s
3382 identification card number, or the last four digits of the
3383 requester’s social security number, if available.
3384 8. The requester’s relationship to the voter.
3385 9. The requester’s signature (written requests only).
3386 (c) Upon receiving a request for a vote-by-mail ballot from
3387 an absent voter, the supervisor of elections shall notify the
3388 voter of the free access system that has been designated by the
3389 department for determining the status of his or her vote-by-mail
3390 ballot.
3391 (d) For purposes of this section, the term “immediate
3392 family” refers to the following, as applicable:
3393 1. The voter’s spouse, parent, child, grandparent,
3394 grandchild, or sibling, or the parent, child, grandparent,
3395 grandchild, or sibling of the voter’s spouse.
3396 2. The designee’s spouse, parent, child, grandparent,
3397 grandchild, or sibling, or the parent, child, grandparent,
3398 grandchild, or sibling of the designee’s spouse.
3399 (2) ACCESS TO VOTE-BY-MAIL REQUEST INFORMATION.—For each
3400 request for a vote-by-mail ballot received, the supervisor shall
3401 record the following information: the name of the voter; the
3402 date the request was made; the identity of the voter’s designee
3403 making the request, if any; the method of request; whether the
3404 Florida driver license number, Florida identification card
3405 number, or last four digits of the social security number of the
3406 voter was provided, if required with a written request; the date
3407 the vote-by-mail ballot was delivered to the voter or the
3408 voter’s designee or the date the vote-by-mail ballot was
3409 delivered to the post office or other carrier; the address to
3410 which the ballot was mailed or the identity of the voter’s
3411 designee to whom the ballot was delivered; the date the ballot
3412 was received by the supervisor; the absence of the voter’s
3413 signature on the voter’s certificate, if applicable; whether the
3414 voter’s certificate contains a signature that does not match the
3415 voter’s signature in the registration books or precinct
3416 register; and such other information he or she may deem
3417 necessary. This information must be provided in electronic
3418 format as provided by division rule. The information must be
3419 updated and made available no later than 8 a.m. of each day,
3420 including weekends, beginning 60 days before the primary until
3421 15 days after the general election and must shall be
3422 contemporaneously provided to the division. This information is
3423 confidential and exempt from s. 119.07(1) and may shall be made
3424 available to or reproduced only for the voter requesting the
3425 ballot, a canvassing board, an election official, a political
3426 party or official thereof, a candidate who has filed
3427 qualification papers and is opposed in an upcoming election, and
3428 registered political committees for political purposes only.
3429 (3) DELIVERY OF VOTE-BY-MAIL BALLOTS.—
3430 (a) No later than 45 days before each presidential
3431 preference primary election, primary election, and general
3432 election, the supervisor of elections shall send a vote-by-mail
3433 ballot as provided in subparagraph (d)2. to each absent
3434 uniformed services voter and to each overseas voter who has
3435 requested a vote-by-mail ballot.
3436 (b) The supervisor shall mail a vote-by-mail ballot to each
3437 absent qualified voter, other than those listed in paragraph
3438 (a), who has requested such a ballot, between the 40th and 33rd
3439 days before the presidential preference primary election,
3440 primary election, and general election.
3441 (c) Except as otherwise provided in paragraph (a) or
3442 paragraph (b), the supervisor shall mail vote-by-mail ballots
3443 within 2 business days after receiving a request for such a
3444 ballot, but no later than the 10th day before election day. The
3445 deadline to submit a request for a ballot to be mailed is 5 p.m.
3446 local time on the 12th day before an upcoming election.
3447 (d) Upon a request for a vote-by-mail ballot, the
3448 supervisor shall provide a vote-by-mail ballot to each voter by
3449 whom a request for that ballot has been made, by one of the
3450 following means:
3451 1. By nonforwardable, return-if-undeliverable mail to the
3452 voter’s current mailing address on file with the supervisor or
3453 any other address the voter specifies in the request. The
3454 envelopes must be prominently marked “Do Not Forward.”
3455 2. By forwardable mail, e-mail, or facsimile machine
3456 transmission to absent uniformed services voters and overseas
3457 voters. The absent uniformed services voter or overseas voter
3458 may designate in the vote-by-mail ballot request the preferred
3459 method of transmission. If the voter does not designate the
3460 method of transmission, the vote-by-mail ballot must be mailed.
3461 3. By personal delivery to the voter beginning on the 46th
3462 day before election day after vote-by-mail ballots have been
3463 mailed and through up to 7 p.m. on election day upon
3464 presentation of the identification required in s. 101.043.
3465 However, starting pm the 10th day before election day and
3466 through 7 p.m. on election day, delivery is subject to the
3467 additional requirements of subparagraph 5.
3468 4. By delivery to the voter’s designee beginning on the
3469 46th day before election day, through after vote-by-mail ballots
3470 have been mailed and up to 7 p.m. on election day. However,
3471 starting on the 10th day before election day and through 7 p.m.
3472 on election day, delivery is subject to the additional
3473 requirements in subparagraph 5. Any voter may designate in
3474 writing a person to pick up the ballot for the voter; however,
3475 the person designated may not pick up more than two vote-by-mail
3476 ballots per election, other than the designee’s own ballot,
3477 except that additional ballots may be picked up for members of
3478 the designee’s immediate family. The designee shall provide to
3479 the supervisor the written authorization by the voter and a
3480 picture identification of the designee and must complete an
3481 affidavit. The designee shall state in the affidavit that the
3482 designee is authorized by the voter to pick up that ballot and
3483 shall indicate if the voter is a member of the designee’s
3484 immediate family and, if so, the relationship. The department
3485 shall prescribe the form of the affidavit. If the supervisor is
3486 satisfied that the designee is authorized to pick up the ballot
3487 and that the signature of the voter on the written authorization
3488 matches the signature of the voter on file, the supervisor must
3489 give the ballot to that designee for delivery to the voter.
3490 5. Except as provided in s. 101.655, the supervisor may not
3491 deliver a vote-by-mail ballot to a voter or a voter’s designee
3492 pursuant to subparagraph 3. or subparagraph 4., respectively,
3493 during the mandatory early voting period and through up to 7
3494 p.m. on election day, unless there is an emergency, to the
3495 extent that the voter will be unable to go to a designated early
3496 voting site in his or her county or to his or her assigned
3497 polling place on election day. If a vote-by-mail ballot is
3498 delivered, the voter or his or her designee must execute an
3499 affidavit affirming to the facts which allow for delivery of the
3500 vote-by-mail ballot. The department shall adopt a rule providing
3501 for the form of the affidavit.
3502 (4) SPECIAL CIRCUMSTANCES.—If the department is unable to
3503 certify candidates for an election in time to comply with
3504 paragraph (3)(a), the Department of State is authorized to
3505 prescribe rules for a ballot to be sent to absent uniformed
3506 services voters and overseas voters.
3507 (5) MATERIALS.—Only the materials necessary to vote by mail
3508 may be mailed or delivered with any vote-by-mail ballot.
3509 (6) PROHIBITION.—Except as expressly authorized for voters
3510 having a disability under s. 101.662, for overseas voters under
3511 s. 101.697, or for local referenda under ss. 101.6102 and
3512 101.6103, a county, municipality, or state agency may not send a
3513 vote-by-mail ballot to a voter unless the voter has requested a
3514 vote-by-mail ballot in the manner authorized under this section.
3515 Section 52. Section 101.64, Florida Statutes, is amended to
3516 read:
3517 101.64 Delivery of vote-by-mail ballots; envelopes; form.—
3518 (1)(a) The supervisor shall enclose with each vote-by-mail
3519 ballot two envelopes: a secrecy envelope or privacy sleeve, into
3520 which the absent voter elector shall enclose his or her marked
3521 ballot; and a mailing envelope, into which the voter absent
3522 elector shall then place the secrecy envelope or privacy sleeve
3523 enclosing the ballot, which must shall be addressed to the
3524 supervisor and also bear on the back side a certificate in
3525 substantially the following form:
3526
3527 Note: Please Read Instructions Carefully Before
3528 Marking Ballot and Completing Voter’s Certificate.
3529
3530 VOTER’S CERTIFICATE
3531 I, ...., do solemnly swear or affirm that I am a qualified
3532 and registered voter of .... County, Florida, and that I have
3533 not and will not vote more than one ballot in this election. I
3534 understand that if I commit or attempt to commit any fraud in
3535 connection with voting, vote a fraudulent ballot, or vote more
3536 than once in an election, I can be convicted of a felony of the
3537 third degree and fined up to $5,000 and/or imprisoned for up to
3538 5 years. I also understand that failure to sign this certificate
3539 will invalidate my ballot.
3540 ...(Date)... ...(Voter’s Signature)...
3541 ...(E-Mail Address)... ...(Home Telephone Number)...
3542 ...(Mobile Telephone Number)...
3543
3544 (b) Each return mailing envelope must bear the absent
3545 voter’s elector’s name and any encoded mark used by the
3546 supervisor’s office.
3547 (c) A mailing envelope, or secrecy envelope, or privacy
3548 sleeve may not bear any indication of the political affiliation
3549 of an absent voter elector.
3550 (2) The certificate must shall be arranged on the back of
3551 the mailing envelope so that the line for the signature of the
3552 absent voter elector is across the seal of the envelope;
3553 however, no statement may shall appear on the envelope which
3554 indicates that a signature of the voter must cross the seal of
3555 the envelope. The absent voter elector shall execute the
3556 certificate on the envelope.
3557 (3) In lieu of the voter’s certificate provided in this
3558 section, the supervisor of elections shall provide each person
3559 voting absentee under the Uniformed and Overseas Citizens
3560 Absentee Voting Act with the standard oath prescribed by the
3561 presidential designee.
3562 (4) The supervisor shall mark, code, indicate on, or
3563 otherwise track the precinct of the absent voter elector for
3564 each vote-by-mail ballot.
3565 (5) The secrecy envelope or privacy sleeve must include, in
3566 bold font, substantially the following message:
3567
3568 IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO COUNT, YOUR
3569 SUPERVISOR OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7
3570 P.M. ON ELECTION DAY. IF YOU WAIT TO MAIL YOUR BALLOT,
3571 YOUR VOTE MIGHT NOT COUNT. TO PREVENT THIS FROM
3572 OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT AS SOON
3573 AS POSSIBLE.
3574
3575 Section 53. Subsection (1) of section 101.657, Florida
3576 Statutes, is amended to read:
3577 101.657 Early voting.—
3578 (1)(a) As a convenience to the voter, the supervisor of
3579 elections may shall allow a voter an elector to vote early in
3580 the main or branch office of the supervisor. The supervisor
3581 shall mark, code, indicate on, or otherwise track the voter’s
3582 precinct for each early voted ballot. In order for a branch
3583 office to be used for early voting, it must shall be a permanent
3584 facility of the supervisor and shall have been designated and
3585 used as such for at least 1 year before prior to the election.
3586 The supervisor may also designate any city hall, permanent
3587 public library facility, fairground, civic center, courthouse,
3588 county commission building, stadium, convention center,
3589 government-owned senior center, or government-owned community
3590 center as an early voting site; however, if so designated, the
3591 sites must be geographically located so as to provide all voters
3592 in the county an equal opportunity to cast a ballot, insofar as
3593 is practicable, and must provide sufficient nonpermitted parking
3594 to accommodate the anticipated amount of voters. In addition, a
3595 supervisor may designate up to two one early voting sites site
3596 per election in an area of the county that does not have any of
3597 the eligible early voting locations. Such additional early
3598 voting site must be geographically located so as to provide all
3599 voters in that area with an equal opportunity to cast a ballot,
3600 insofar as is practicable, and must provide sufficient
3601 nonpermitted parking to accommodate the anticipated amount of
3602 voters. Each county shall, at a minimum, operate the same total
3603 number of early voting sites for a general election which the
3604 county operated for the 2012 general election. The results or
3605 tabulation of votes cast during early voting may not be made
3606 before the close of the polls on election day. Results must
3607 shall be reported by precinct.
3608 (b) The supervisor shall designate each early voting site
3609 by no later than the 30th day before prior to an election and
3610 shall designate an early voting area, as defined in s. 97.021,
3611 at each early voting site. The number of designated sites must
3612 be no less than the number of sites designated in the previously
3613 regularly scheduled general election. A supervisor may obtain a
3614 waiver from this requirement by filing notice certifying the
3615 facts and circumstances and obtaining approval from the
3616 department before the designation deadline. The supervisor shall
3617 provide to the division no later than the 30th day before an
3618 election the address of each early voting site and the hours
3619 that early voting will occur at each site.
3620 (c) All early voting sites in a county must shall allow any
3621 person in line at the closing of an early voting site to vote.
3622 (d) Early voting shall begin on the 10th day before an
3623 election that contains state or federal races and end on the 3rd
3624 day before the election, and shall be provided for no less than
3625 8 hours and no more than 12 hours per day at each site during
3626 the applicable period. In addition, early voting may be offered
3627 at the discretion of the supervisor of elections on the 15th,
3628 14th, 13th, 12th, 11th, or 2nd day before an election that
3629 contains state or federal races for at least 8 hours per day,
3630 but not more than 12 hours per day. The supervisor of elections
3631 may provide early voting for elections that are not held in
3632 conjunction with a state or federal election. However, the
3633 supervisor has the discretion to determine the hours of
3634 operation of early voting sites in those elections.
3635 (e) Notwithstanding the requirements of s. 100.3605,
3636 municipalities may provide early voting in municipal elections
3637 that are not held in conjunction with county or state elections.
3638 If a municipality provides early voting, it may designate as
3639 many sites as necessary and shall conduct its activities in
3640 accordance with the provisions of paragraphs (a)-(c). The
3641 supervisor is not required to conduct early voting if it is
3642 provided pursuant to this subsection.
3643 (f) Notwithstanding the requirements of s. 189.04, special
3644 districts may provide early voting in any district election not
3645 held in conjunction with county or state elections. If a special
3646 district provides early voting, it may designate as many sites
3647 as necessary and must shall conduct its activities in accordance
3648 with the provisions of paragraphs (a)-(c). The supervisor is not
3649 required to conduct early voting if it is provided pursuant to
3650 this subsection.
3651 Section 54. Subsections (2) and (4) of section 101.68,
3652 Florida Statutes, are amended to read:
3653 101.68 Canvassing of vote-by-mail ballot.—
3654 (2)(a) The county canvassing board may begin the canvassing
3655 of vote-by-mail ballots upon the completion of the public
3656 testing of automatic tabulating equipment pursuant to s.
3657 101.5612(2), but must begin such canvassing by no later than
3658 noon on the day following the election. However, notwithstanding
3659 any such authorization to begin canvassing or otherwise
3660 processing vote-by-mail ballots early, no result may shall be
3661 released until after the closing of the polls in that county on
3662 election day. Any supervisor, deputy supervisor, canvassing
3663 board member, election board member, or election employee who
3664 releases the results of a canvassing or processing of vote-by
3665 mail ballots before prior to the closing of the polls in that
3666 county on election day commits a felony of the third degree,
3667 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3668 (b) To ensure that all vote-by-mail ballots to be counted
3669 by the canvassing board are accounted for, the canvassing board
3670 shall compare the number of ballots in its possession with the
3671 number of requests for ballots received to be counted according
3672 to the supervisor’s file or list.
3673 (c)1. The canvassing board must, if the supervisor has not
3674 already done so, compare the signature of the elector on the
3675 voter’s certificate or on the vote-by-mail ballot cure affidavit
3676 as provided in subsection (4) with the signature of the elector
3677 in the registration books or the precinct register to see that
3678 the elector is duly registered in the county and to determine
3679 the legality of that vote-by-mail ballot. A vote-by-mail ballot
3680 may only be counted if:
3681 a. The signature on the voter’s certificate or the cure
3682 affidavit matches the elector’s signature in the registration
3683 books or precinct register; however, in the case of a cure
3684 affidavit, the supporting identification listed in subsection
3685 (4) must also confirm the identity of the elector; or
3686 b. The cure affidavit contains a signature that does not
3687 match the elector’s signature in the registration books or
3688 precinct register, but the elector has submitted a current and
3689 valid Tier 1 identification pursuant to subsection (4) which
3690 confirms the identity of the elector.
3691
3692 For purposes of this subparagraph, any canvassing board finding
3693 that an elector’s signatures do not match must be by majority
3694 vote and beyond a reasonable doubt.
3695 2. The ballot of an elector who casts a vote-by-mail ballot
3696 shall be counted even if the elector dies on or before election
3697 day, as long as, before the death of the voter, the ballot was
3698 postmarked by the United States Postal Service, date-stamped
3699 with a verifiable tracking number by a common carrier, or
3700 already in the possession of the supervisor.
3701 3. A vote-by-mail ballot is not considered illegal if the
3702 signature of the elector does not cross the seal of the mailing
3703 envelope.
3704 4. If any elector or candidate present believes that a
3705 vote-by-mail ballot is illegal due to a defect apparent on the
3706 voter’s certificate or the cure affidavit, he or she may, at any
3707 time before the ballot is removed from the envelope, file with
3708 the canvassing board a protest against the canvass of that
3709 ballot, specifying the precinct, the voter’s certificate or the
3710 cure affidavit, and the reason he or she believes the ballot to
3711 be illegal. A protest challenge based upon a defect in the
3712 voter’s certificate or cure affidavit may not be accepted after
3713 the ballot has been removed from the mailing envelope.
3714 5. If the canvassing board determines that a ballot is
3715 illegal, a member of the board must, without opening the
3716 envelope, mark across the face of the envelope: “rejected as
3717 illegal.” The cure affidavit, if applicable, the envelope, and
3718 the ballot therein shall be preserved in the manner that
3719 official ballots are preserved.
3720 (d) The canvassing board shall record the ballot upon the
3721 proper record, unless the ballot has been previously recorded by
3722 the supervisor. The mailing envelopes must shall be opened and
3723 the secrecy envelopes must shall be mixed so as to make it
3724 impossible to determine which secrecy envelope came out of which
3725 signed mailing envelope; however, in any county in which an
3726 electronic or electromechanical voting system is used, the
3727 ballots may be sorted by ballot styles and the mailing envelopes
3728 may be opened and the secrecy envelopes mixed separately for
3729 each ballot style. The votes on vote-by-mail ballots must shall
3730 be included in the total vote of the county.
3731 (4)(a) As soon as practicable, the supervisor shall, on
3732 behalf of the county canvassing board, attempt to notify an
3733 elector who has returned a vote-by-mail ballot that does not
3734 include the elector’s signature or contains a signature that
3735 does not match the elector’s signature in the registration books
3736 or precinct register by:
3737 1. Notifying the elector of the signature deficiency by e
3738 mail and directing the elector to the cure affidavit and
3739 instructions on the supervisor’s website;
3740 2. Notifying the elector of the signature deficiency by
3741 text message and directing the elector to the cure affidavit and
3742 instructions on the supervisor’s website; or
3743 3. Notifying the elector of the signature deficiency by
3744 telephone and directing the elector to the cure affidavit and
3745 instructions on the supervisor’s website.
3746
3747 In addition to the notification required under subparagraph 1.,
3748 subparagraph 2., or subparagraph 3., the supervisor must notify
3749 the elector of the signature deficiency by first-class mail and
3750 direct the elector to the cure affidavit and instructions on the
3751 supervisor’s website. Beginning the day before the election, the
3752 supervisor is not required to provide notice of the signature
3753 deficiency by first-class mail, but shall continue to provide
3754 notice as required under subparagraph 1., subparagraph 2., or
3755 subparagraph 3.
3756 (b) The supervisor shall allow such an elector to complete
3757 and submit an affidavit in order to cure the vote-by-mail ballot
3758 until 5 p.m. on the 2nd day after the election.
3759 (c) The elector must complete a cure affidavit in
3760 substantially the following form:
3761
3762 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT
3763
3764 I, ...., am a qualified voter in this election and
3765 registered voter of .... County, Florida. I do solemnly swear or
3766 affirm that I requested and returned the vote-by-mail ballot and
3767 that I have not and will not vote more than one ballot in this
3768 election. I understand that if I commit or attempt any fraud in
3769 connection with voting, vote a fraudulent ballot, or vote more
3770 than once in an election, I may be convicted of a felony of the
3771 third degree and fined up to $5,000 and imprisoned for up to 5
3772 years. I understand that my failure to sign this affidavit means
3773 that my vote-by-mail ballot will be invalidated.
3774
3775 ...(Voter’s Signature)...
3776 ...(Address)...
3777
3778 (d) Instructions must accompany the cure affidavit in
3779 substantially the following form:
3780
3781 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
3782 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
3783 BALLOT NOT TO COUNT.
3784
3785 1. In order to ensure that your vote-by-mail ballot will be
3786 counted, your affidavit should be completed and returned as soon
3787 as possible so that it can reach the supervisor of elections of
3788 the county in which your precinct is located no later than 5
3789 p.m. on the 2nd day after the election.
3790 2. You must sign your name on the line above (Voter’s
3791 Signature).
3792 3. You must make a copy of one of the following forms of
3793 identification:
3794 a. Tier 1 identification.—Current and valid identification
3795 that includes your name and photograph: Florida driver license;
3796 Florida identification card issued by the Department of Highway
3797 Safety and Motor Vehicles; United States passport or passport
3798 card; debit or credit card; United States Uniformed Services or
3799 Merchant Marine military identification; student identification;
3800 retirement center identification; neighborhood association
3801 identification; public assistance identification; veteran health
3802 identification card issued by the United States Department of
3803 Veterans Affairs; a Florida license to carry a concealed weapon
3804 or firearm; or any an employee identification card issued by any
3805 branch, department, agency, or entity of the Federal Government,
3806 the state, a county, or a municipality; or
3807 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
3808 FORM OF IDENTIFICATION, identification that shows your name and
3809 current residence address: current utility bill, bank statement,
3810 government check, paycheck, or government document (excluding
3811 voter information card).
3812 4. Place the envelope bearing the affidavit into a mailing
3813 envelope addressed to the supervisor. Insert a copy of your
3814 identification in the mailing envelope. Mail (if time permits),
3815 deliver, or have delivered the completed affidavit along with
3816 the copy of your identification to your county supervisor of
3817 elections. Be sure there is sufficient postage if mailed and
3818 that the supervisor’s address is correct. Remember, your
3819 information MUST reach your county supervisor of elections no
3820 later than 5 p.m. on the 2nd day after the election, or your
3821 ballot will not count.
3822 5. Alternatively, you may fax or e-mail your completed
3823 affidavit and a copy of your identification to the supervisor of
3824 elections. If e-mailing, please provide these documents as
3825 attachments.
3826
3827 (e) The department and each supervisor shall include the
3828 affidavit and instructions on their respective websites. The
3829 supervisor must include his or her office’s mailing address, e
3830 mail address, and fax number on the page containing the
3831 affidavit instructions, and the department’s instruction page
3832 must include the office mailing addresses, e-mail addresses, and
3833 fax numbers of all supervisors of elections or provide a
3834 conspicuous link to such addresses.
3835 (f) The supervisor shall attach each affidavit received to
3836 the appropriate vote-by-mail ballot mailing envelope.
3837 (g) If a vote-by-mail ballot is validated following the
3838 submission of a cure affidavit, the supervisor must shall make a
3839 copy of the affidavit, affix it to a voter registration
3840 application, and immediately process it as a valid request for a
3841 signature update pursuant to s. 98.077.
3842 (h) After all election results on the ballot have been
3843 certified, the supervisor shall, on behalf of the county
3844 canvassing board, notify each elector whose ballot has been
3845 rejected as illegal and provide the specific reason the ballot
3846 was rejected. In addition, unless processed as a signature
3847 update pursuant to paragraph (g), the supervisor must shall mail
3848 a voter registration application to the elector to be completed
3849 indicating the elector’s current signature if the signature on
3850 the voter’s certificate or cure affidavit did not match the
3851 elector’s signature in the registration books or precinct
3852 register.
3853 Section 55. Paragraph (a) of subsection (2) of section
3854 101.69, Florida Statutes, is amended to read:
3855 101.69 Voting in person; return of vote-by-mail ballot.—
3856 (2)(a) The supervisor shall allow an elector who has
3857 received a vote-by-mail ballot to physically return a voted
3858 vote-by-mail ballot to the supervisor by placing the return mail
3859 envelope containing his or her marked ballot in a secure ballot
3860 intake station. Secure ballot intake stations must shall be
3861 placed at the main office of the supervisor, at each permanent
3862 branch office of the supervisor which meets the criteria set
3863 forth in s. 101.657(1)(a) for branch offices used for early
3864 voting and which is open for at least the minimum number of
3865 hours prescribed by s. 98.015(4), and at each designated early
3866 voting site for the election. Secure ballot intake stations may
3867 also be placed at any other site that would otherwise qualify as
3868 an early voting site under s. 101.657(1). Secure ballot intake
3869 stations must be geographically located so as to provide all
3870 voters in the county with an equal opportunity to cast a ballot,
3871 insofar as is practicable. Except for secure ballot intake
3872 stations at the main an office of the supervisor, a secure
3873 ballot intake station may only be used during the county’s early
3874 voting hours of operation and must be monitored in person by an
3875 employee of the supervisor’s office. A secure ballot intake
3876 station at an office of the supervisor must be continuously
3877 monitored in person by an employee of the supervisor’s office
3878 when the secure ballot intake station is accessible for deposit
3879 of ballots. The department shall adopt rules to implement this
3880 paragraph.
3881 Section 56. Section 101.6921, Florida Statutes, is amended
3882 to read:
3883 101.6921 Delivery of special vote-by-mail ballot to certain
3884 first-time voters.—
3885 (1) The provisions of This section applies apply to voters
3886 who are subject to the provisions of s. 97.0535 and who have not
3887 provided the identification or information certification
3888 required by s. 97.0535 by the time the vote-by-mail ballot is
3889 mailed.
3890 (2) The supervisor shall enclose with each vote-by-mail
3891 ballot three envelopes: a secrecy envelope or privacy sleeve,
3892 into which the absent voter elector will enclose his or her
3893 marked ballot; an envelope containing the Voter’s Certificate,
3894 into which the absent voter elector shall place the secrecy
3895 envelope or privacy sleeve; and a mailing envelope, which must
3896 shall be addressed to the supervisor and into which the absent
3897 voter elector will place the envelope containing the Voter’s
3898 Certificate and a copy of the required identification.
3899 (3) The Voter’s Certificate must shall be in substantially
3900 the following form:
3901
3902 Note: Please Read Instructions Carefully Before Marking Ballot
3903 and Completing Voter’s Certificate.
3904
3905 VOTER’S CERTIFICATE
3906
3907 I, ...., do solemnly swear or affirm that I am a qualified
3908 and registered voter of .... County, Florida, and that I have
3909 not and will not vote more than one ballot in this election. I
3910 understand that if I commit or attempt to commit any fraud in
3911 connection with voting, vote a fraudulent ballot, or vote more
3912 than once in an election, I can be convicted of a felony of the
3913 third degree and fined up to $5,000 and/or imprisoned for up to
3914 5 years. I also understand that failure to sign this certificate
3915 will invalidate my ballot. I understand that unless I meet one
3916 of the exemptions below, I must provide a copy of a current and
3917 valid identification as provided in the instruction sheet to the
3918 supervisor of elections in order for my ballot to count.
3919 I further certify that I am exempt from the requirements to
3920 furnish a copy of a current and valid identification with my
3921 ballot because of one or more of the following (check all that
3922 apply):
3923 ☐ I am 65 years of age or older.
3924 ☐ I have a permanent or temporary physical disability.
3925 ☐ I am a member of a uniformed service on active duty who,
3926 by reason of such active duty, will be absent from the county on
3927 election day.
3928 ☐ I am a member of the Merchant Marine who, by reason of
3929 service in the Merchant Marine, will be absent from the county
3930 on election day.
3931 ☐ I am the spouse or dependent of a member of the uniformed
3932 service or Merchant Marine who, by reason of the active duty or
3933 service of the member, will be absent from the county on
3934 election day.
3935 ☐ I am currently residing outside the United States.
3936
3937 ...(Date)... ...(Voter’s Signature)...
3938
3939 (4) The certificate must shall be arranged on the back of
3940 the envelope so that the line for the signature of the absent
3941 voter elector is across the seal of the envelope.
3942 Section 57. Subsection (2) of section 101.6923, Florida
3943 Statutes, is amended to read:
3944 101.6923 Special vote-by-mail ballot instructions for
3945 certain first-time voters.—
3946 (2) A voter covered by this section must be provided with
3947 printed instructions with his or her vote-by-mail ballot in
3948 substantially the following form:
3949
3950 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
3951 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
3952 YOUR BALLOT NOT TO COUNT.
3953
3954 1. In order to ensure that your vote-by-mail ballot will be
3955 counted, it should be completed and returned as soon as possible
3956 so that it can reach the supervisor of elections of the county
3957 in which your precinct is located no later than 7 p.m. on the
3958 date of the election. However, if you are an overseas voter
3959 casting a ballot in a presidential preference primary or general
3960 election, your vote-by-mail ballot must be postmarked or dated
3961 no later than the date of the election and received by the
3962 supervisor of elections of the county in which you are
3963 registered to vote no later than 10 days after the date of the
3964 election. Note that the later you return your ballot, the less
3965 time you will have to cure signature deficiencies, which is
3966 authorized until 5 p.m. local time on the 2nd day after the
3967 election.
3968 2. Mark your ballot in secret as instructed on the ballot.
3969 You must mark your own ballot unless you are unable to do so
3970 because of blindness, disability, or inability to read or write.
3971 3. Mark only the number of candidates or issue choices for
3972 a race as indicated on the ballot. If you are allowed to “Vote
3973 for One” candidate and you vote for more than one, your vote in
3974 that race will not be counted.
3975 4. Place your marked ballot in the enclosed secrecy
3976 envelope and seal the envelope.
3977 5. Insert the secrecy envelope into the enclosed envelope
3978 bearing the Voter’s Certificate. Seal the envelope and
3979 completely fill out the Voter’s Certificate on the back of the
3980 envelope.
3981 a. You must sign your name on the line above (Voter’s
3982 Signature).
3983 b. If you are an overseas voter, you must include the date
3984 you signed the Voter’s Certificate on the line above (Date) or
3985 your ballot may not be counted.
3986 c. A vote-by-mail ballot will be considered illegal and
3987 will not be counted if the signature on the Voter’s Certificate
3988 does not match the signature on record. The signature on file at
3989 the start of the canvass of the vote-by-mail ballots is the
3990 signature that will be used to verify your signature on the
3991 Voter’s Certificate. If you need to update your signature for
3992 this election, send your signature update on a voter
3993 registration application to your supervisor of elections so that
3994 it is received before your vote-by-mail ballot is received.
3995 6. Unless you meet one of the exemptions in Item 7., you
3996 must make a copy of one of the following forms of
3997 identification:
3998 a. Identification which must include your name and
3999 photograph: United States passport or passport card; debit or
4000 credit card; United States uniformed services or Merchant marine
4001 military identification; student identification; retirement
4002 center identification; neighborhood association identification;
4003 public assistance identification; veteran health identification
4004 card issued by the United States Department of Veterans Affairs;
4005 a Florida license to carry a concealed weapon or firearm; or any
4006 an employee identification card issued by any branch,
4007 department, agency, or entity of the Federal Government, the
4008 state, a county, or a municipality; or
4009 b. Identification which shows your name and current
4010 residence address: current utility bill, bank statement,
4011 government check, paycheck, or government document (excluding
4012 voter information card).
4013 7. The identification requirements of Item 6. do not apply
4014 if you meet one of the following requirements:
4015 a. You are 65 years of age or older.
4016 b. You have a temporary or permanent physical disability.
4017 c. You are a member of a uniformed service on active duty
4018 who, by reason of such active duty, will be absent from the
4019 county on election day.
4020 d. You are a member of the Merchant Marine who, by reason
4021 of service in the Merchant Marine, will be absent from the
4022 county on election day.
4023 e. You are the spouse or dependent of a member referred to
4024 in paragraph c. or paragraph d. who, by reason of the active
4025 duty or service of the member, will be absent from the county on
4026 election day.
4027 f. You are currently residing outside the United States.
4028 8. Place the envelope bearing the Voter’s Certificate into
4029 the mailing envelope addressed to the supervisor. Insert a copy
4030 of your identification in the mailing envelope. DO NOT PUT YOUR
4031 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
4032 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
4033 BALLOT WILL NOT COUNT.
4034 9. Mail, deliver, or have delivered the completed mailing
4035 envelope. Be sure there is sufficient postage if mailed.
4036 10. FELONY NOTICE. It is a felony under Florida law to
4037 accept any gift, payment, or gratuity in exchange for your vote
4038 for a candidate. It is also a felony under Florida law to vote
4039 in an election using a false identity or false address, or under
4040 any other circumstances making your ballot false or fraudulent.
4041 Section 58. Subsection (5) of section 101.6952, Florida
4042 Statutes, is amended to read:
4043 101.6952 Vote-by-mail ballots for absent uniformed services
4044 and overseas voters.—
4045 (5) A vote-by-mail ballot from an overseas voter in any
4046 presidential preference primary or general election which is
4047 postmarked or dated no later than the date of the election and
4048 is received by the supervisor of elections of the county in
4049 which the overseas voter is registered no later than 10 days
4050 after the date of the election shall be counted as long as the
4051 vote-by-mail ballot is otherwise proper unless the ballot is
4052 transmitted via facsimile, in which case the ballot must be
4053 received by 7 p.m. on election day.
4054 Section 59. Subsection (1) of section 101.694, Florida
4055 Statutes, is amended to read:
4056 101.694 Mailing of ballots upon receipt of federal postcard
4057 application.—
4058 (1) Upon receipt of a federal postcard application for a
4059 vote-by-mail ballot executed by a person whose registration is
4060 in order or whose application is sufficient to register or
4061 update the registration of that person, the supervisor shall
4062 send the ballot in accordance with s. 101.62 s. 101.62(3).
4063 Section 60. Section 101.697, Florida Statutes, is amended
4064 to read:
4065 101.697 Electronic transmission of election materials.—The
4066 Department of State shall determine whether secure electronic
4067 means can be established for receiving ballots from overseas
4068 voters. If such security can be established, the department must
4069 shall adopt rules to authorize a supervisor of elections to
4070 accept from absent uniformed services members, absent state and
4071 National Guard members as defined in s. 250.01, first responders
4072 as defined in s. 112.1815(1), or from overseas civilian voters
4073 due to an armed conflict involving United States Armed Forces or
4074 mobilization of those forces, including the state National Guard
4075 and reserve components an overseas voter a request for a vote
4076 by-mail ballot or a voted vote-by-mail ballot by secure
4077 facsimile machine transmission or other secure electronic means.
4078 The rules must provide that in order to accept a voted ballot,
4079 the verification of the voter must be established, the security
4080 of the transmission must be established, and each ballot
4081 received must be recorded.
4082 Section 61. Section 101.698, Florida Statutes, is amended
4083 to read:
4084 101.698 Absentee voting in emergency situations.—If a
4085 national or local emergency or other situation arises which
4086 makes substantial compliance with the provisions of state or
4087 federal law relating to the methods of voting impossible or
4088 unreasonable for absent uniformed services and absent state and
4089 National Guard as defined in s. 250.01, a first responder as
4090 defined in s. 112.1815(1) for overseas voters impossible or
4091 unreasonable, such as an armed conflict involving United States
4092 Armed Forces or mobilization of those forces, including state
4093 National Guard and reserve components, the department Elections
4094 Canvassing Commission may adopt by emergency rules such special
4095 procedures or requirements necessary to facilitate absentee
4096 voting by those persons directly affected who are otherwise
4097 eligible to vote in the election.
4098 Section 62. Subsection (5) of section 102.031, Florida
4099 Statutes, is amended to read:
4100 102.031 Maintenance of good order at polls; authorities;
4101 persons allowed in polling rooms and early voting areas;
4102 unlawful solicitation of voters.—
4103 (5) No photography, including videography and other visual
4104 or audio recording, is allowed permitted in the polling room or
4105 early voting area, except a voter an elector may photograph his
4106 or her own ballot.
4107 Section 63. Section 102.141, Florida Statutes, is amended
4108 to read:
4109 102.141 County canvassing board; duties.—
4110 (1) MEMBERSHIP.—The county canvassing board shall be
4111 composed of the supervisor of elections; a county court judge,
4112 appointed by the chief judge of the judicial circuit in which
4113 the county is located, and who shall act as chair; and the chair
4114 of the board of county commissioners. The names of the
4115 canvassing board members must be published on the supervisor’s
4116 website upon completion of the logic and accuracy test. At least
4117 two alternate canvassing board members must be appointed
4118 pursuant to paragraph (b) (e).
4119 (a) In the event any member of the county canvassing board
4120 is unable to serve, is a candidate who has opposition in the
4121 election being canvassed, or is an active participant,
4122 including, but not limited to, publicly endorsing or donating to
4123 in the campaign or candidacy of any candidate who has opposition
4124 in the election being canvassed, or is an active participant
4125 including, but not limited to, publicly endorsing or donating to
4126 the support or opposition of a public measure on the ballot
4127 being canvassed, such member shall be replaced as follows:
4128 1.(a) If a county court judge is unable to serve or if all
4129 are disqualified, the chief judge of the judicial circuit in
4130 which the county is located must appoint as a substitute member
4131 a qualified voter elector of the county who is not a candidate
4132 with opposition in the election being canvassed and who is not
4133 an active participant, including , but not limited to, publicly
4134 endorsing or donating to the support or opposition of in the
4135 campaign or candidacy of any candidate with opposition in the
4136 election being canvassed, or is an active participant including,
4137 but not limited to, publicly endorsing or donating to the
4138 support or opposition of a public measure on the ballot being
4139 canvassed. In such event, the members of the county canvassing
4140 board shall meet and elect a chair.
4141 2.(b) If the supervisor of elections is unable to serve or
4142 is disqualified, the chair of the board of county commissioners
4143 must appoint as a substitute member a member of the board of
4144 county commissioners who is not a candidate with opposition in
4145 the election being canvassed and who is not an active
4146 participant, including, but not limited to, publicly endorsing
4147 or donating to the support or opposition of in the campaign or
4148 candidacy of any candidate with opposition in the election being
4149 canvassed, or is an active participant, including, but not
4150 limited to, publicly endorsing or donating to the support or
4151 opposition of a public measure on the ballot being canvassed.
4152 The supervisor, however, shall act in an advisory capacity to
4153 the canvassing board.
4154 3.(c) If the chair of the board of county commissioners is
4155 unable to serve or is disqualified, the board of county
4156 commissioners must appoint as a substitute member one of its
4157 members who is not a candidate with opposition in the election
4158 being canvassed and who is not an active participant, including,
4159 but not limited to, publicly endorsing or donating to the
4160 support or opposition of in the campaign or candidacy of any
4161 candidate with opposition in the election being canvassed, or is
4162 an active participant including, but not limited to, publicly
4163 endorsing or donating to the support or opposition of a public
4164 measure on the ballot being canvassed.
4165 (d) If a substitute member or alternate member cannot be
4166 appointed as provided elsewhere in this subsection, or in the
4167 event of a vacancy in such office, the chief judge of the
4168 judicial circuit in which the county is located must appoint as
4169 a substitute member or alternate member a qualified elector of
4170 the county who is not a candidate with opposition in the
4171 election being canvassed and who is not an active participant in
4172 the campaign or candidacy of any candidate with opposition in
4173 the election being canvassed.
4174 (b)1.(e)1. The chief judge of the judicial circuit in which
4175 the county is located shall appoint a county court judge as an
4176 alternate member of the county canvassing board or, if each
4177 county court judge is unable to serve or is disqualified, shall
4178 appoint an alternate member who is qualified to serve as a
4179 substitute member under paragraph (a). Any alternate may serve
4180 in any seat.
4181 2. The chair of the board of county commissioners shall
4182 appoint a member of the board of county commissioners as an
4183 alternate member of the county canvassing board or, if each
4184 member of the board of county commissioners is unable to serve
4185 or is disqualified, shall appoint an alternate member who is
4186 qualified to serve as a substitute member under paragraph (d).
4187 3. If a member of the county canvassing board is unable to
4188 participate in a meeting of the board, the chair of the county
4189 canvassing board or his or her designee must designate which
4190 alternate member will serve as a member of the board in the
4191 place of the member who is unable to participate at that
4192 meeting.
4193 4. If not serving as one of the three members of the county
4194 canvassing board, an alternate member may be present, observe,
4195 and communicate with the three members constituting the county
4196 canvassing board, but may not vote in the board’s decisions or
4197 determinations.
4198 (c) If a substitute member or alternate member cannot be
4199 appointed as provided in this subsection, or in the event of a
4200 vacancy in such office, the chief judge of the judicial circuit
4201 in which the county is located must appoint as a substitute
4202 member or alternate member a qualified voter of the county who
4203 is not a candidate with opposition in the election being
4204 canvassed and who is not an active participant, including
4205 endorsing, supporting, or donating, in the campaign or candidacy
4206 of a candidate who has opposition in the election being
4207 canvassed or in the support or opposition of a public measure on
4208 the ballot being canvassed.
4209 (2) IDENTIFICATION.—Each member, substitute member, and
4210 alternate member of the county canvassing board and all clerical
4211 help must wear identification badges during any period in which
4212 the county canvassing board is canvassing votes or engaging in
4213 other official duties. The identification badges must be worn in
4214 a conspicuous or unobstructed area, and include the name of the
4215 individual and his or her official position.
4216 (3) LEGAL REPRESENTATION.—The county canvassing board shall
4217 retain the county attorney of the county in which the canvassing
4218 board sits for any legal representation. The canvassing board
4219 may retain legal counsel other than the county attorney upon the
4220 affirmative vote of at least two of the members of the board.
4221 (4) PUBLIC MEETING NOTICE.—
4222 (a) The county canvassing board shall meet in a building
4223 accessible to the public in the county where the election
4224 occurred at a time and place to be designated by the supervisor
4225 to publicly canvass the absent voter’s electors’ ballots as
4226 provided for in s. 101.68 and provisional ballots as provided by
4227 ss. 101.048, 101.049, and 101.6925. During each meeting of the
4228 county canvassing board, each political party and each candidate
4229 may have one watcher able to view directly or on a display
4230 screen ballots being examined for signature matching and other
4231 processes. Provisional ballots cast pursuant to s. 101.049 shall
4232 be canvassed in a manner that votes for candidates and issues on
4233 those ballots can be segregated from other votes. As soon as the
4234 absent voter’s electors’ ballots and the provisional ballots are
4235 canvassed, the board shall proceed to publicly canvass the vote
4236 given each candidate, nominee, constitutional amendment, or
4237 other measure submitted to the electorate of the county, as
4238 shown by the returns then on file in the office of the
4239 supervisor.
4240 (b) Public notice of the canvassing board members,
4241 alternates, time, and place at which the county canvassing board
4242 shall meet to canvass the absent voters’ electors’ ballots and
4243 provisional ballots must be given at least 48 hours prior
4244 thereto by publication on the county’s website as provided in s.
4245 50.0311, on the supervisor’s website, or in one or more
4246 newspapers of general circulation in the county. If the
4247 applicable website becomes unavailable or there is no newspaper
4248 of general circulation in the county, the notice must be posted
4249 in at least four conspicuous places in the county. The time
4250 given in the notice as to the convening of the meeting of the
4251 county canvassing board must be specific and may not be a time
4252 period during which the board may meet.
4253 (c) If the county canvassing board suspends or recesses a
4254 meeting publicly noticed pursuant to paragraph (b) for a period
4255 lasting more than 60 minutes, the board must post on the
4256 supervisor’s website the anticipated time at which the board
4257 expects to reconvene. If the county canvassing board does not
4258 reconvene at the specified time, the board must provide at least
4259 2 hours’ notice, which must be posted on the supervisor’s
4260 website, before reconvening.
4261 (d) During any meeting of the county canvassing board, a
4262 physical notice must be placed in a conspicuous area near the
4263 public entrance to the building in which the meeting is taking
4264 place. The physical notice must include the names of the
4265 individuals officially serving as the county canvassing board,
4266 the names of any alternate members, the time of the meeting, and
4267 a brief statement as to the anticipated activities of the county
4268 canvassing board.
4269 (5)(3) CANVASS OF RETURNS AND PROVISIONAL BALLOTS.—The
4270 canvass, except the canvass of absent voters’ electors’ returns
4271 and the canvass of provisional ballots, must shall be made from
4272 the returns and certificates of the inspectors as signed and
4273 filed by them with the supervisor, and the county canvassing
4274 board may shall not change the number of votes cast for a
4275 candidate, nominee, constitutional amendment, or other measure
4276 submitted to the electorate of the county, respectively, in any
4277 polling place, as shown by the returns. All returns must shall
4278 be made to the board on or before 2 a.m. of the day following
4279 any primary, general, or other election. If the returns from any
4280 precinct are missing, if there are any omissions on the returns
4281 from any precinct, or if there is an obvious error on any such
4282 returns, the canvassing board must shall order a retabulation of
4283 the returns from such precinct. Before canvassing such returns,
4284 the canvassing board shall examine the tabulation of the ballots
4285 cast in such precinct and determine whether the returns
4286 correctly reflect the votes cast. If there is a discrepancy
4287 between the returns and the tabulation of the ballots cast, the
4288 tabulation of the ballots cast must shall be presumed correct
4289 and such votes shall be canvassed accordingly.
4290 (4) PRELIMINARY RESULTS.—
4291 (a) The supervisor of elections shall upload into the
4292 county’s election management system by 7 p.m. local time on the
4293 day before the election the results of all early voting and
4294 vote-by-mail ballots that have been canvassed and tabulated by
4295 the end of the early voting period. Pursuant to ss. 101.5614(8),
4296 101.657, and 101.68(2), the tabulation of votes cast or the
4297 results of such uploads may not be made public before the close
4298 of the polls on election day.
4299 (b) The supervisor of elections, on behalf of the
4300 canvassing board shall report all early voting and all tabulated
4301 vote-by-mail results to the Department of State within 30
4302 minutes after the polls close. Thereafter, the canvassing board
4303 shall report, with the exception of provisional ballot results,
4304 updated precinct election results must be uploaded to the
4305 department at least every 45 minutes until all results are
4306 completely reported. The supervisor of elections shall notify
4307 the department immediately of any circumstances that do not
4308 permit periodic updates as required. Results must shall be
4309 submitted in a format prescribed by the department.
4310 (7)(5) UNOFFICIAL RETURNS.—
4311 (a) The canvassing board shall submit on forms or in
4312 formats provided by the division unofficial returns to the
4313 Department of State for each federal, statewide, state, or
4314 multicounty office or ballot measure no later than noon on the
4315 third day after any primary election and no later than noon on
4316 the fourth day after any general or other election. Such returns
4317 must shall include the canvass of all ballots, including write
4318 in votes, as required by subsection (2).
4319 (b) After unofficial results are reported, each county
4320 shall conduct a machine vote validation process to validate that
4321 the votes processed through the vote tabulation system for a
4322 candidate for any office, candidate for retention to a judicial
4323 office, or a measure appearing on the ballot are not within one
4324 half of one percent or less; or if the vote validation process
4325 results in a change in the outcome of the contest, even if by
4326 less than one-half of one percent. The machine vote validation
4327 procedure must be completed no later than noon on the 7th day
4328 after any general or other election.
4329 (c)(6) If the county canvassing board determines, after the
4330 county conducts the automated independent vote validation
4331 process in accordance with s. 101.591 and the comparison of the
4332 results of the vote tabulation and the automated independent
4333 cote validation indicates that the unofficial returns may
4334 contain a counting error in which the vote tabulation system
4335 failed to count votes that were properly marked in accordance
4336 with the instructions on the ballot, the county canvassing board
4337 shall:
4338 1.(a) Correct the error and retabulate the affected ballots
4339 with the vote tabulation system; or
4340 2.(b) Request that the Department of State verify the
4341 tabulation software. When the Department of State verifies such
4342 software, the department shall compare the software used to
4343 tabulate the votes with the software filed with the department
4344 pursuant to s. 101.5607 and check the election parameters.
4345 (8)(7) MANUAL REVIEW.—
4346 (a) If the comparison of the results of the vote tabulation
4347 and the automated independent vote validation procedure reflects
4348 a difference of more than one-half of one percent of the results
4349 for any candidate for an office, candidate for retention to
4350 judicial office, or a measure appearing on the ballot, the
4351 proper county election official under the oversight of the
4352 county canvassing board must conduct a manual review using the
4353 images in the vote validation system of the differences, which
4354 must include, but need not be limited to, a review of any clear
4355 overvotes or undervotes that appear in the automated independent
4356 vote validation system to adjudicate the voter intent of such
4357 differences before certification of the county’s official
4358 results unofficial returns reflect that a candidate for any
4359 office was defeated or eliminated by one-half of a percent or
4360 less of the votes cast for such office, that a candidate for
4361 retention to a judicial office was retained or not retained by
4362 one-half of a percent or less of the votes cast on the question
4363 of retention, or that a measure appearing on the ballot was
4364 approved or rejected by one-half of a percent or less of the
4365 votes cast on such measure, a recount shall be ordered of the
4366 votes cast with respect to such office or measure. The Secretary
4367 of State is responsible for ordering such manual reviews
4368 recounts in races that are federal or, state races that are, and
4369 multicounty, and any other multicounty races. The county
4370 canvassing board or the local board responsible for certifying
4371 the election is responsible for ordering a manual review under
4372 this subsection recounts in all other races. A manual review
4373 recount need not be ordered with respect to the returns for any
4374 office, however, if the candidate or candidates defeated or
4375 eliminated from contention for such office by one-half of a
4376 percent or less of the votes cast for such office request in
4377 writing that a manual review recount not be made.
4378 (a) Each canvassing board responsible for conducting a
4379 recount shall put each marksense ballot through automatic
4380 tabulating equipment and determine whether the returns correctly
4381 reflect the votes cast. If any marksense ballot is physically
4382 damaged so that it cannot be properly counted by the automatic
4383 tabulating equipment during the recount, a true duplicate shall
4384 be made of the damaged ballot pursuant to the procedures in s.
4385 101.5614(4). Immediately before the start of the recount, a test
4386 of the tabulating equipment shall be conducted as provided in s.
4387 101.5612. If the test indicates no error, the recount tabulation
4388 of the ballots cast shall be presumed correct and such votes
4389 shall be canvassed accordingly. If an error is detected, the
4390 cause therefor shall be ascertained and corrected and the
4391 recount repeated, as necessary. The canvassing board shall
4392 immediately report the error, along with the cause of the error
4393 and the corrective measures being taken, to the Department of
4394 State. No later than 11 days after the election, the canvassing
4395 board shall file a separate incident report with the Department
4396 of State, detailing the resolution of the matter and identifying
4397 any measures that will avoid a future recurrence of the error.
4398 If the automatic tabulating equipment used in a recount is not
4399 part of the voting system and the ballots have already been
4400 processed through such equipment, the canvassing board is not
4401 required to put each ballot through any automatic tabulating
4402 equipment again.
4403 (b) Each canvassing board responsible for conducting a
4404 recount where touchscreen ballots were used shall examine the
4405 counters on the precinct tabulators to ensure that the total of
4406 the returns on the precinct tabulators equals the overall
4407 election return. If there is a discrepancy between the overall
4408 election return and the counters of the precinct tabulators, the
4409 counters of the precinct tabulators shall be presumed correct
4410 and such votes shall be canvassed accordingly.
4411 (c) The canvassing board shall submit on forms or in
4412 formats provided by the division a second set of unofficial
4413 returns to the Department of State for each federal, statewide,
4414 state, or multicounty office or ballot measure. The returns
4415 shall be filed no later than 3 p.m. on the 5th day after any
4416 primary election and no later than 3 p.m. on the 9th day after
4417 any general election in which a recount was ordered by the
4418 Secretary of State. If the canvassing board is unable to
4419 complete the recount prescribed in this subsection by the
4420 deadline, the second set of unofficial returns submitted by the
4421 canvassing board shall be identical to the initial unofficial
4422 returns and the submission shall also include a detailed
4423 explanation of why it was unable to timely complete the recount.
4424 However, the canvassing board shall complete the recount
4425 prescribed in this subsection, along with any manual recount
4426 prescribed in s. 102.166, and certify election returns in
4427 accordance with the requirements of this chapter.
4428 (d) The Department of State shall adopt detailed rules
4429 prescribing additional recount procedures for each certified
4430 voting system, which shall be uniform to the extent practicable.
4431 (8) The canvassing board may employ such clerical help to
4432 assist with the work of the board as it deems necessary, with at
4433 least one member of the board present at all times, until the
4434 canvass of the returns is completed. The clerical help must
4435 shall be paid from the same fund as inspectors and other
4436 necessary election officials.
4437 (c) The canvassing board shall publish notice on the county
4438 website as provided in s. 50.0311, on the supervisor of
4439 elections’ website, or once in one or more newspapers of general
4440 circulation in the county of the manual review, including the
4441 date, time, and place. Such review is open to the public.
4442 (d) The canvassing board shall submit on forms or in
4443 formats provided by the division a vote validation report to the
4444 department for each federal, statewide, state, or multicounty
4445 office or ballot measure in accordance with paragraph (7)(b). If
4446 the canvassing board is unable to complete the manual review by
4447 the deadline, the vote validation report submitted by the
4448 canvassing board must be identical to the initial unofficial
4449 returns and the submission must also include a detailed
4450 explanation of the reason it was unable to timely complete the
4451 manual review. However, the canvassing board shall complete the
4452 manual review prescribed in this subsection, along with any
4453 manual review prescribed and certify official election returns
4454 in accordance with the requirements of this chapter.
4455 (e) The department shall adopt rules prescribing additional
4456 manual review procedures for each certified voting system, which
4457 must be uniform to the extent practicable.
4458 (9) Each member, substitute member, and alternate member of
4459 the county canvassing board and all clerical help must wear
4460 identification badges during any period in which the county
4461 canvassing board is canvassing votes or engaging in other
4462 official duties. The identification badges should be worn in a
4463 conspicuous and unobstructed area, and include the name of the
4464 individual and his or her official position.
4465 (10)(a) The supervisor shall file a report with the
4466 Division of Elections on the conduct of the election no later
4467 than 20 business days after the Elections Canvassing Commission
4468 certifies the election. The report must, at a minimum, describe
4469 all of the following:
4470 1. All equipment or software malfunctions at the precinct
4471 level, at a counting location, or within computer and
4472 telecommunications networks supporting a county location, and
4473 the steps that were taken to address the malfunctions.
4474 2. All election definition errors that were discovered
4475 after the logic and accuracy test, and the steps that were taken
4476 to address the errors.
4477 3. All ballot printing errors, vote-by-mail ballot mailing
4478 errors, or ballot supply problems, and the steps that were taken
4479 to address the errors or problems.
4480 4. All staffing shortages or procedural violations by
4481 employees or precinct workers which were addressed by the
4482 supervisor of elections or the county canvassing board during
4483 the conduct of the election, and the steps that were taken to
4484 correct such issues.
4485 5. All instances where needs for staffing or equipment were
4486 insufficient to meet the needs of the voters.
4487 6. Any additional information regarding material issues or
4488 problems associated with the conduct of the election.
4489 (b) If a supervisor discovers new or additional information
4490 on any of the items required to be included in the report
4491 pursuant to paragraph (a) after the report is filed, the
4492 supervisor must notify the division that new information has
4493 been discovered no later than the next business day after the
4494 discovery, and the supervisor must file an amended report signed
4495 by the supervisor of elections on the conduct of the election
4496 within 10 days after the discovery.
4497 (c) Such reports must be maintained on file in the Division
4498 of Elections and must be available for public inspection.
4499 (d) The division shall review the conduct of election
4500 reports to determine what problems may be likely to occur in
4501 other elections and disseminate such information, along with
4502 possible solutions and training, to the supervisors of
4503 elections.
4504 (e) The department shall submit the analysis of these
4505 reports for the general election as part of the consolidated
4506 reports required under ss. 101.591 and 101.595 to the Governor,
4507 the President of the Senate, and the Speaker of the House of
4508 Representatives by February 15 of each year following a general
4509 election.
4510 (11) The supervisor shall file with the department a copy
4511 of or an export file from the results database of the county’s
4512 voting system and other statistical information as may be
4513 required by the department, the Legislature, or the Election
4514 Assistance Commission. The department shall adopt rules
4515 establishing the required content and acceptable formats for the
4516 filings and time for filings.
4517 Section 64. Section 102.143, Florida Statutes, is created
4518 to read:
4519 102.143 Conduct of election report.—
4520 (1)(a) The supervisor shall file a report with the division
4521 on the conduct of the election no later than 20 business days
4522 after the Election Canvassing Commission certifies the election.
4523 The report must, at a minimum, describe all of the following:
4524 1. All equipment or software malfunctions at the precinct
4525 level, at a counting location, or within computer and
4526 telecommunications networks supporting a county location and the
4527 steps that were taken to address the errors.
4528 2. All election definition errors that were discovered
4529 after the logic and accuracy test, and the steps that were taken
4530 to address the errors.
4531 3. All ballot printing errors, vote-by-mail mailing errors,
4532 or ballot supply problems and the steps that were taken to
4533 address the errors or problems.
4534 4. All staffing shortages or procedural violations by
4535 employees or precinct workers which were addressed by the
4536 supervisor of elections or the county canvassing board during
4537 the conduct of the election, and the steps that were taken to
4538 correct such issues.
4539 5. All instances where needs for staffing or equipment were
4540 insufficient to meet the needs of the voters.
4541 6. Any additional information regarding material issues or
4542 problems associated with the conduct of the election.
4543 (b) If a supervisor discovers new or additional information
4544 for any of the items required to be included in the report
4545 pursuant to paragraph (a) after the report is filed, the
4546 supervisor must notify the division that new information has
4547 been discovered no later than the next business day after the
4548 discovery, and the supervisor must file an amended report signed
4549 by the supervisor of elections on the conduct of the election
4550 within 10 days after the discovery.
4551 (c) Such reports must be maintained on file in the division
4552 and must be available for public inspection.
4553 (2) The division shall review the conduct of election
4554 reports to determine what problems may be likely to occur in
4555 other elections and disseminate such information, along with
4556 possible solutions and training, to the supervisors of
4557 elections.
4558 (3) For the general election, the department shall submit
4559 the analysis of these reports as part of the consolidated
4560 reports required under ss. 101.591 and 101.595 to the Governor,
4561 the President of the Senate, and the Speaker of the House of
4562 Representatives by February 15 of each year following a general
4563 election.
4564 Section 65. Section 102.166, Florida Statutes, is amended
4565 to read:
4566 102.166 Manual review recounts of overvotes and
4567 undervotes.—
4568 (1) If the comprehensive, validated results of the
4569 automated independent vote validation process conducted second
4570 set of unofficial returns pursuant to ss. 101.591 and 102.141 s.
4571 102.141 indicates that a candidate for any office was defeated
4572 or eliminated by one-quarter of a percent or less of the votes
4573 cast for such office, that a candidate for retention to a
4574 judicial office was retained or not retained by one-quarter of a
4575 percent or less of the votes cast on the question of retention,
4576 or that a measure appearing on the ballot was approved or
4577 rejected by one-quarter of a percent or less of the votes cast
4578 on such measure, a manual review recount of the overvotes and
4579 undervotes cast in the entire geographic jurisdiction of such
4580 office or ballot measure must shall be ordered unless:
4581 (a) The candidate or candidates defeated or eliminated from
4582 contention by one-quarter of 1 percent or fewer of the votes
4583 cast for such office request in writing that a manual review
4584 recount not be made; or
4585 (b) The number of overvotes and undervotes is fewer than
4586 the number of votes needed to change the outcome of the
4587 election.
4588
4589 The Secretary of State is responsible for ordering such manual
4590 review in races that are a manual recount for federal or, state
4591 races that are multicounty, and any other multicounty races. The
4592 county canvassing board or local board responsible for
4593 certifying the election is responsible for ordering a manual
4594 review recount for all other races. A manual review recount
4595 consists of a review recount of paper marksense ballots and if
4596 an independent tabulation system is used, or of digital images
4597 of those ballots by a person.
4598 (2) Any hardware or software used to identify and sort
4599 overvotes and undervotes for a given race or ballot measure must
4600 be certified by the Department of State. Any such hardware or
4601 software must be capable of simultaneously identifying and
4602 sorting overvotes and undervotes in multiple races while
4603 simultaneously counting votes. Overvotes and undervotes must be
4604 identified and sorted while conducting the vote validation
4605 process recounting ballots pursuant to s. 102.141. Overvotes and
4606 undervotes may be identified and sorted physically or digitally.
4607 (3) Any manual review is recount shall be open to the
4608 public. Each political party may designate one person with
4609 expertise in the computer field who must be allowed in the
4610 central counting room when all tests are being conducted and
4611 when the official votes are being counted. The designee may not
4612 interfere with the normal operation of the canvassing board.
4613 (4)(a) A vote for a candidate or ballot measure must shall
4614 be counted if there is a clear indication on the ballot that the
4615 voter has made a definite choice.
4616 (b) The Department of State shall adopt specific rules for
4617 the federal write-in absentee ballot and for each certified
4618 voting system prescribing what constitutes a “clear indication
4619 on the ballot that the voter has made a definite choice.” The
4620 rules must shall be consistent, to the extent practicable, and
4621 may not:
4622 1. Authorize the use of any electronic or electromechanical
4623 reading device to review a hybrid voting system ballot that is
4624 produced using a voter interface device and that contains both
4625 machine-readable fields and machine-printed text of the contest
4626 titles and voter selections, unless the printed text is
4627 illegible;
4628 2. Exclusively provide that the voter must properly mark or
4629 designate his or her choice on the ballot; or
4630 3. Contain a catch-all provision that fails to identify
4631 specific standards, such as “any other mark or indication
4632 clearly indicating that the voter has made a definite choice.”
4633 (c) The rule for the federal write-in absentee ballot must
4634 address, at a minimum, the following issues:
4635 1. The appropriate lines or spaces for designating a
4636 candidate choice and, for state and local races, the office or
4637 ballot measure to be voted, including the proximity of each to
4638 the other and the effect of intervening blank lines.
4639 2. The sufficiency of designating a candidate’s first or
4640 last name when no other candidate in the race has the same or a
4641 similar name.
4642 3. The sufficiency of designating a candidate’s first or
4643 last name when an opposing candidate has the same or a similar
4644 name, notwithstanding generational suffixes and titles such as
4645 “Jr.,” “Sr.,” or “III.” The rule should contemplate the
4646 sufficiency of additional first names and first initials, middle
4647 names and middle initials, generational suffixes and titles,
4648 nicknames, and, in general elections, the name or abbreviation
4649 of a political party.
4650 4. Candidate designations containing both a qualified
4651 candidate’s name and a political party, including those in which
4652 the party designated is the candidate’s party, is not the
4653 candidate’s party, has an opposing candidate in the race, or
4654 does not have an opposing candidate in the race.
4655 5. Situations where the abbreviation or name of a candidate
4656 is the same as the abbreviation or name of a political party to
4657 which the candidate does not belong, including those in which
4658 the party designated has another candidate in the race or does
4659 not have a candidate in the race.
4660 6. The use of marks, symbols, or language, such as arrows,
4661 quotation marks, or the word “same” or “ditto,” to indicate that
4662 the same political party designation applies to all listed
4663 offices or the elector’s approval or disapproval of all listed
4664 ballot measures.
4665 7. Situations in which an elector designates the name of a
4666 qualified candidate for an incorrect office.
4667 8. Situations in which an elector designates an otherwise
4668 correct office name that includes an incorrect district number.
4669 (5) Procedures for a manual review recount are as follows:
4670 (a) The county canvassing board shall appoint as many
4671 counting teams of at least two electors as is necessary to
4672 manually review recount the ballots. A counting team must have,
4673 when possible, members of at least two political parties. A
4674 candidate involved in the race shall not be a member of the
4675 counting team.
4676 (b) Each duplicate ballot prepared pursuant to s.
4677 101.5614(4) or s. 102.141(8) s. 102.141(7) shall be compared
4678 with the original ballot to ensure the correctness of the
4679 duplicate.
4680 (c) If a counting team is unable to determine whether the
4681 ballot contains a clear indication that the voter has made a
4682 definite choice, the ballot must shall be presented to the
4683 county canvassing board for a determination.
4684 (d) The Department of State shall adopt detailed rules
4685 prescribing additional review recount procedures for each
4686 certified voting system which must shall be uniform to the
4687 extent practicable. The rules must, at a minimum, shall address,
4688 at a minimum, the following areas:
4689 1. Security of ballots during the manual review recount
4690 process;
4691 2. Time and place of manual reviews recounts;
4692 3. Public observance of manual reviews recounts;
4693 4. Objections to ballot determinations;
4694 5. Record of manual review recount proceedings;
4695 6. Procedures relating to candidate and petitioner
4696 representatives; and
4697 7. Procedures relating to the certification and the use of
4698 automatic tabulating equipment that is not part of a voting
4699 system.
4700 (6) Nothing in this section precludes a county canvassing
4701 board or local board involved in the manual review recount from
4702 comparing a digital image of a ballot to the corresponding
4703 physical paper ballot during a manual review recount.
4704 Section 66. Subsections (1), (3), and (4) of section
4705 103.021, Florida Statutes, are amended to read:
4706 103.021 Nomination for presidential electors.—Candidates
4707 for presidential electors shall be nominated in the following
4708 manner:
4709 (1)(a) The Governor shall nominate the presidential
4710 electors of each political party. The state executive committee
4711 of each political party shall by resolution recommend candidates
4712 for presidential electors equal to the number of senators and
4713 representatives which this state has in Congress and deliver a
4714 certified copy thereof to the Governor no later than noon on the
4715 third day after the primary election in August 24 of each
4716 presidential election year. The Governor shall nominate only the
4717 electors recommended by the state executive committee of the
4718 respective political party.
4719 (b) The state executive committee of each political party
4720 shall also certify to the Governor submit the Florida voter
4721 registration number and contact information of each presidential
4722 elector recommended no later than noon on the third day after
4723 the primary election in each presidential election year. Contact
4724 information must include mailing address, phone number, and e
4725 mail address. Each such presidential elector must be a qualified
4726 registered voter of this state and member of the party he or she
4727 represents who has taken a written oath that he or she will vote
4728 for the candidates of the party that he or she is nominated to
4729 represent.
4730 (c) The state executive committee of each political party
4731 shall also certify to the Governor and submit the names of its
4732 candidates for President and Vice President of the United States
4733 no later than noon on the third day after the primary election
4734 in each presidential election year.
4735 (d) The Governor shall certify to the Department of State
4736 each political party’s submission no later than 5 p.m. on the
4737 third day after the primary election August 24, in each
4738 presidential election year, the names of a number of electors
4739 for each political party equal to the number of senators and
4740 representatives which this state has in Congress.
4741 (3) Candidates for President and Vice President with no
4742 party affiliation may have their names printed on the general
4743 election ballots if a petition is signed by 1 percent of the
4744 registered voters of this state, as shown by the compilation by
4745 the Department of State for the last preceding general election.
4746 A separate petition from each county for which signatures are
4747 solicited must shall be submitted to the supervisor of elections
4748 of the respective county no later than noon on July 15 of each
4749 presidential election year. The supervisor shall check the names
4750 and, on or before the date of the primary election, shall
4751 certify the number shown as registered voters of the county. The
4752 supervisor shall be paid by the person requesting the
4753 certification the cost of checking the petitions as prescribed
4754 in s. 99.097. The supervisor shall then forward the certificate
4755 to the Department of State which must shall determine whether or
4756 not the percentage factor required in this section has been met.
4757 If When the percentage factor required in this section has been
4758 met, the candidates must submit to the Department of State no
4759 later than 5 p.m. on the third day after the primary election in
4760 each presidential election year, a certificate listing the name,
4761 Florida voter registration number, and contact information of
4762 each presidential elector equal to the number of senators and
4763 representatives which this state has in Congress. Contact
4764 information must include mailing address, phone number, and e
4765 mail address. Each such presidential elector must be a qualified
4766 voter of this state and registered as unaffiliated with any
4767 political party and must have taken a written oath that he or
4768 she will vote for the candidates that he or she is nominated to
4769 represent. Upon timely certification, the department shall order
4770 the names of the candidates for whom the petition was circulated
4771 to be included on the ballot and shall allow the required number
4772 of persons to be certified as presidential electors in the same
4773 manner as party candidates.
4774 (4)(a) A minor political party that is affiliated with a
4775 national party holding a national convention to nominate
4776 candidates for President and Vice President of the United States
4777 may have the names of its candidates for President and Vice
4778 President of the United States printed on the general election
4779 ballot by filing with the Department of State a certificate
4780 naming the candidates for President and Vice President and
4781 listing the name, Florida voter registration number, and contact
4782 information of each presidential elector equal to the number of
4783 senators and representatives which this state has in Congress.
4784 Contact information must include mailing address, phone number,
4785 and e-mail address. Each such presidential elector must be a
4786 qualified voter of this state and registered as a member of the
4787 minor political party and must have taken a written oath that he
4788 or she will vote for the candidates that he or she is nominated
4789 to represent required number of persons to serve as presidential
4790 electors. Notification to the Department of State under this
4791 subsection must be made no later than 5 p.m. on the third day
4792 after the primary election in the presidential election August
4793 24 of the year in which the general election is held. Upon
4794 timely certification, When the Department of State has been so
4795 notified, it shall order the names of the candidates nominated
4796 by the minor political party to be included on the ballot and
4797 shall allow the required number of persons to be certified as
4798 presidential electors in the same manner as other party
4799 candidates. As used in this section, the term “national party”
4800 means a political party that is registered with and recognized
4801 as a qualified national committee of a political party by the
4802 Federal Election Commission.
4803 (b) A minor political party that is not affiliated with a
4804 national party holding a national convention to nominate
4805 candidates for President and Vice President of the United States
4806 may have the names of its candidates for President and Vice
4807 President printed on the general election ballot if a petition
4808 for the minor political party is signed by 1 percent of the
4809 registered voters of this state, as shown by the compilation by
4810 the Department of State for the preceding general election. A
4811 separate petition from each county for which signatures are
4812 solicited must be submitted to the supervisors of elections of
4813 the respective county no later than noon on July 15 of each
4814 presidential election year. The supervisor shall check the names
4815 and, on or before the date of the primary election, shall
4816 certify the number shown as registered voters of the county. The
4817 supervisor shall be paid by the person requesting the
4818 certification the cost of checking the petitions as prescribed
4819 in s. 99.097. The supervisor shall then forward the certificate
4820 to the Department of State, which shall determine whether or not
4821 the percentage factor required in this section has been met. If
4822 When the percentage factor required in this section has been
4823 met, the minor political party must submit to the Department of
4824 State no later than 5 p.m. on the third day after the primary
4825 election in each presidential election year, a certificate
4826 nominating its candidates for President and Vice President and
4827 listing the name, Florida voter registration number, and contact
4828 information of each presidential elector equal to the number of
4829 senators and representatives which this state has in Congress.
4830 Contact information must include a mailing address, a phone
4831 number, and an e-mail address. Each such presidential elector
4832 must be a qualified voter of this state and registered as
4833 unaffiliated with any political party and must have taken a
4834 written oath that he or she will vote for the candidates that he
4835 or she is nominated to represent. Upon timely certification, the
4836 department shall order the names of the candidates for whom the
4837 petition was circulated to be included on the ballot and shall
4838 allow the required number of persons to be certified as
4839 presidential electors in the same manner as other party
4840 candidates.
4841 Section 67. Subsection (2) of section 103.121, Florida
4842 Statutes, is amended to read:
4843 103.121 Powers and duties of executive committees.—
4844 (2) The chair and treasurer of an executive committee of
4845 any political party shall be accountable for the funds of such
4846 committee and jointly liable for their proper expenditure for
4847 authorized purposes only. The funds of each such state executive
4848 committee shall be publicly audited by a licensed certified
4849 public accountant at the end of each calendar year and a copy of
4850 such audit furnished to the Department of State for its
4851 examination prior to April 1 of the ensuing year. When filed
4852 with the Department of State, copies of such audit shall be
4853 public documents. The treasurer of each county executive
4854 committee shall maintain adequate records evidencing receipt and
4855 disbursement of all party funds received by him or her, and such
4856 records shall be publicly audited by a licensed certified public
4857 accountant at the end of each calendar year and a copy of such
4858 audit filed with the supervisor of elections and the state
4859 executive committee prior to April 1 of the ensuing year.
4860 Section 68. Effective upon becoming a law, section 104.045,
4861 Florida Statutes, is amended to read:
4862 104.045 Vote selling.—Any person who:
4863 (1) Corruptly offers to vote for or against, or to refrain
4864 from voting for or against, any candidate in any election, or to
4865 submit a petition form or refrain from submitting a petition
4866 form for any initiative or candidate petition, in return for
4867 pecuniary or other benefit; or
4868 (2) Accepts a pecuniary or other benefit in exchange for a
4869 promise to vote for or against, or to refrain from voting for or
4870 against, any candidate in any election, or to submit a petition
4871 form or refrain from submitting a petition form for any
4872 initiative or candidate petition,
4873
4874 is guilty of a felony of the third degree, punishable as
4875 provided in s. 775.082, s. 775.083, or s. 775.084.
4876 Section 69. Subsections (3) and (4) are added to section
4877 104.047, Florida Statutes, to read:
4878 104.047 Vote-by-mail ballots and voting; violations.—
4879 (3) Any private or commercial mail forwarding delivery
4880 courier or service may not further forward any voter’s official
4881 vote-by-mail ballot or envelope that has been delivered to the
4882 courier’s or service’s address. A person who willfully violates
4883 this subsection is guilty of a felony of the third degree,
4884 punishable as provided s. 775.082, s. 775.083, or s. 775.084.
4885 (4) If a person physically collects a voter’s request for a
4886 vote-by-mail ballot and copies or retains the voter’s request or
4887 copies or retains a voter’s personal information, such as the
4888 voter’s Florida driver license number, Florida identification
4889 card number, social security number, or signature on such
4890 request, the person commits a felony of the third degree,
4891 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4892 Section 70. Effective upon becoming a law, section 104.186,
4893 Florida Statutes, is repealed.
4894 Section 71. Effective upon becoming a law, section 104.187,
4895 Florida Statutes, is amended to read:
4896 104.187 Initiative petitions; registration.—A person who
4897 violates s. 100.371(2) s. 100.371(3) commits a misdemeanor of
4898 the second degree, punishable as provided in s. 775.082 or s.
4899 775.083.
4900 Section 72. Section 105.09, Florida Statutes, is repealed.
4901 Section 73. Paragraph (a) of subsection (1) of section
4902 106.021, Florida Statutes, is amended to read:
4903 106.021 Campaign treasurers; deputies; primary and
4904 secondary depositories.—
4905 (1)(a) Each candidate for nomination or election to office
4906 and each political committee shall appoint a campaign treasurer.
4907 Each person who seeks to qualify for nomination or election to,
4908 or retention in, office shall appoint a campaign treasurer and
4909 designate a primary campaign depository before qualifying for
4910 office. A candidate may not appoint himself or herself, or a
4911 member of the candidate’s immediate family as defined in s.
4912 101.62(1)(d), as the treasurer of his or her own campaign. Any
4913 person who seeks to qualify for election or nomination to any
4914 office by means of the petitioning process shall appoint a
4915 treasurer and designate a primary depository on or before the
4916 date he or she obtains the petitions. At the same time a
4917 candidate designates a campaign depository and appoints a
4918 treasurer, the candidate shall also designate the office for
4919 which he or she is a candidate. If the candidate is running for
4920 an office that will be grouped on the ballot with two or more
4921 similar offices to be filled at the same election, the candidate
4922 must indicate for which group or district office he or she is
4923 running. This subsection does not prohibit a candidate, at a
4924 later date, from changing the designation of the office for
4925 which he or she is a candidate. However, if a candidate changes
4926 the designated office for which he or she is a candidate, the
4927 candidate must notify all contributors in writing of the intent
4928 to seek a different office and offer to return pro rata, upon
4929 their request, those contributions given in support of the
4930 original office sought. This notification must shall be given
4931 within 15 days after the filing of the change of designation and
4932 shall include a standard form developed by the Division of
4933 Elections for requesting the return of contributions. The notice
4934 requirement does not apply to any change in a numerical
4935 designation resulting solely from redistricting. If, within 30
4936 days after being notified by the candidate of the intent to seek
4937 a different office, the contributor notifies the candidate in
4938 writing that the contributor wishes his or her contribution to
4939 be returned, the candidate must shall return the contribution,
4940 on a pro rata basis, calculated as of the date the change of
4941 designation is filed. Up to a maximum of the contribution limits
4942 specified in s. 106.08, a candidate who runs for an office other
4943 than the office originally designated may use any contribution
4944 that a donor does not request be returned within the 30-day
4945 period for the newly designated office, provided the candidate
4946 disposes of any amount exceeding the contribution limit pursuant
4947 to the options in s. 106.11(5)(b) and (c) or s. 106.141(4)(a)1.,
4948 2., or 4.; notwithstanding, the full amount of the contribution
4949 for the original office shall count toward the contribution
4950 limits specified in s. 106.08 for the newly designated office. A
4951 person may not accept any contribution or make any expenditure
4952 with a view to bringing about his or her nomination, election,
4953 or retention in public office, or authorize another to accept
4954 such contributions or make such expenditure on the person’s
4955 behalf, unless such person has appointed a campaign treasurer
4956 and designated a primary campaign depository. A candidate for an
4957 office voted upon statewide may appoint not more than 15 deputy
4958 campaign treasurers, and any other candidate or political
4959 committee may appoint not more than 3 deputy campaign
4960 treasurers. The names and addresses of the campaign treasurer
4961 and deputy campaign treasurers so appointed must shall be filed
4962 with the officer before whom such candidate is required to
4963 qualify or with whom such political committee is required to
4964 register pursuant to s. 106.03.
4965 Section 74. Paragraph (a) of subsection (4) of section
4966 106.07, Florida Statutes, is amended to read:
4967 106.07 Reports; certification and filing.—
4968 (4)(a) Except for daily reports, to which only the
4969 contributions provisions below apply, and except as provided in
4970 paragraph (b), each report required by this section must
4971 contain:
4972 1. The full name, address, and occupation, if any, of each
4973 person who has made one or more contributions to or for such
4974 committee or candidate within the reporting period, together
4975 with the amount and date of such contributions. For
4976 corporations, the report must provide as clear a description as
4977 practicable of the principal type of business conducted by the
4978 corporation. However, if the contribution is $100 or less or is
4979 from a relative, as defined in s. 112.312, provided that the
4980 relationship is reported, the occupation of the contributor or
4981 the principal type of business need not be listed.
4982 2. The name and address of each political committee from
4983 which the reporting committee or the candidate received, or to
4984 which the reporting committee or candidate made, any transfer of
4985 funds, together with the amounts and dates of all transfers.
4986 3.a. Each loan for campaign purposes to or from any person
4987 or political committee within the reporting period, together
4988 with the full names, addresses, and occupations, and principal
4989 places of business, if any, of the lender and endorsers, if any,
4990 and the date and amount of such loans.
4991 b.(I) If a candidate makes a loan of more than $500 to his
4992 or her own committee, the candidate also must file an affidavit
4993 attesting that the loan is from his or her own funds and
4994 identifying the financial institutions from which the loan was
4995 made and received. Within 7 days after making such loan, the
4996 candidate must file an affidavit with the officer before whom
4997 the candidate is required by law to qualify. All candidates who
4998 file with the Department of State shall file their affidavits
4999 pursuant to s. 106.0705. Except as provided in s. 106.0705,
5000 affidavits must be filed no later than 5 p.m. of the day
5001 designated; however, any affidavit postmarked by the United
5002 States Postal Service no later than midnight of the day
5003 designated is deemed to have been filed in a timely manner. Any
5004 affidavit received by the filing officer within 5 days after the
5005 designated due date that was delivered by the United States
5006 Postal Service is deemed timely filed unless it has a postmark
5007 that indicates that the affidavit was mailed after the
5008 designated due date. A certificate of mailing obtained from and
5009 dated by the United States Postal Service at the time of
5010 mailing, or a receipt from an established courier company, which
5011 bears a date on or before the date on which the affidavit is
5012 due, suffices as proof of mailing in a timely manner. Affidavits
5013 are open to public inspection.
5014 (II) This sub-subparagraph does not prohibit the governing
5015 body of a political subdivision, by ordinance or resolution,
5016 from imposing upon its own officers and candidates electronic
5017 filing requirements not in conflict with s. 106.0705.
5018 Expenditure of public funds for such purpose is deemed to be for
5019 a valid public purpose.
5020 (III) If a candidate fails to submit the affidavit as
5021 required by sub-sub-subparagraph (I), he or she must be fined
5022 $50 for each date.
5023 4. A statement of each contribution, rebate, refund, or
5024 other receipt not otherwise listed under subparagraphs 1.
5025 through 3.
5026 5. The total sums of all loans, in-kind contributions, and
5027 other receipts by or for such committee or candidate during the
5028 reporting period. The reporting forms shall be designed to
5029 elicit separate totals for in-kind contributions, loans, and
5030 other receipts.
5031 6. The full name and address of each person to whom
5032 expenditures have been made by or on behalf of the committee or
5033 candidate within the reporting period; the amount, date, and
5034 purpose of each such expenditure; and the name and address of,
5035 and office sought by, each candidate on whose behalf such
5036 expenditure was made. However, expenditures made from the petty
5037 cash fund provided by s. 106.12 need not be reported
5038 individually.
5039 7. The full name and address of each person to whom an
5040 expenditure for personal services, salary, or reimbursement for
5041 authorized expenses as provided in s. 106.021(3) has been made
5042 and which is not otherwise reported, including the amount, date,
5043 and purpose of such expenditure. However, expenditures made from
5044 the petty cash fund provided for in s. 106.12 need not be
5045 reported individually. Receipts for reimbursement for authorized
5046 expenditures shall be retained by the treasurer along with the
5047 records for the campaign account.
5048 8. The total amount withdrawn and the total amount spent
5049 for petty cash purposes pursuant to this chapter during the
5050 reporting period.
5051 9. The total sum of expenditures made by such committee or
5052 candidate during the reporting period.
5053 10. The amount and nature of debts and obligations owed by
5054 or to the committee or candidate, which relate to the conduct of
5055 any political campaign.
5056 11. Transaction information for each credit card purchase.
5057 Receipts for each credit card purchase shall be retained by the
5058 treasurer with the records for the campaign account.
5059 12. The amount and nature of any separate interest-bearing
5060 accounts or certificates of deposit and identification of the
5061 financial institution in which such accounts or certificates of
5062 deposit are located.
5063 13. The primary purposes of an expenditure made indirectly
5064 through a campaign treasurer pursuant to s. 106.021(3) for goods
5065 and services such as communications media placement or
5066 procurement services, campaign signs, insurance, and other
5067 expenditures that include multiple components as part of the
5068 expenditure. The primary purpose of an expenditure shall be that
5069 purpose, including integral and directly related components,
5070 that comprises 80 percent of such expenditure.
5071 Section 75. Subsection (12) of section 106.08, Florida
5072 Statutes, is amended to read:
5073 106.08 Contributions; limitations on.—
5074 (12)(a)1. For purposes of this subsection, the term
5075 “foreign national” means:
5076 a. A foreign government;
5077 b. A foreign political party;
5078 c. A foreign corporation, partnership, association,
5079 organization, or other combination of persons organized under
5080 the laws of or having its principal place of business in a
5081 foreign country;
5082 d. A person with foreign citizenship; or
5083 e. A person who is not a citizen or national of the United
5084 States and is not lawfully admitted to the United States for
5085 permanent residence.
5086 2. The term does not include:
5087 a. A person who is a dual citizen or dual national of the
5088 United States and a foreign country.
5089 b. A domestic subsidiary of a foreign corporation,
5090 partnership, association, organization, or other combination of
5091 persons organized under the laws of or having its principal
5092 place of business in a foreign country if:
5093 (I) The donations and disbursements used toward a
5094 contribution or an expenditure are derived entirely from funds
5095 generated by the subsidiary’s operations in the United States;
5096 and
5097 (II) All decisions concerning donations and disbursements
5098 used toward a contribution or an expenditure are made by
5099 individuals who either hold United States citizenship or are
5100 permanent residents of the United States. For purposes of this
5101 sub-sub-subparagraph, decisions concerning donations and
5102 disbursements do not include decisions regarding the
5103 subsidiary’s overall budget for contributions or expenditures in
5104 connection with an election.
5105 (b) A foreign national may not make or offer to make,
5106 directly or indirectly, a contribution or expenditure in
5107 connection with any election held in the state, including any of
5108 the following:
5109 1. In support or opposition to a candidate for any elective
5110 office in this state, including an office of a political party.
5111 2. In support or opposition to a statewide ballot issue or
5112 question, regardless of whether the ballot issue or question has
5113 yet been certified to appear on the ballot.
5114 3. For the direct cost of producing or airing an
5115 electioneering communication.
5116 4. To a candidate, campaign committee, political action
5117 committee, political contributing entity, legislative campaign
5118 fund, state candidate fund, to any committee created to support
5119 or oppose a ballot issue or question, or, to the maximum extent
5120 permitted by law and by the Constitution of the United States
5121 and the State Constitution, to a continuing association.
5122 (c) A foreign national may not promise, either expressly or
5123 implicitly, to make a contribution, an expenditure, an
5124 independent expenditure, or disbursement described in
5125 subparagraph (b)1., subparagraph (b)2., subparagraph (b)3., or
5126 subparagraph (b)4.
5127 (d) A political party, a political committee, a committee
5128 created to support or oppose a ballot issue or question, an
5129 electioneering communications organization, or a candidate may
5130 not knowingly accept or solicit directly or indirectly, a
5131 contribution from a foreign national in connection with any
5132 election held in this state. A person who violates this section
5133 commits a felony of the third degree, punishable as provided in
5134 s. 775.082, s. 775.083, or s. 775.084.
5135 (e)1. A person who knowingly violates paragraph (b) commits
5136 a misdemeanor of the first degree on a first offense and commits
5137 a felony of the third degree on a second or subsequent offense.
5138 The violator shall also be fined an amount equal to three times
5139 the amount involved in the violation or $10,000, whichever is
5140 greater.
5141 2. A person who knowingly violates paragraph (c) commits a
5142 misdemeanor of the first degree on a first offense and commits a
5143 felony of the third degree on a second or subsequent offense.
5144 The violator shall also be fined an amount equal to three times
5145 the amount involved in the violation or $10,000 dollars,
5146 whichever amount is greater, and is required to return the total
5147 amount accepted in violation of this section to the division.
5148 Section 76. Paragraph (a) of subsection (1) of section
5149 106.087, Florida Statutes, is amended to read:
5150 106.087 Independent expenditures; contribution limits;
5151 restrictions on political parties and political committees.—
5152 (1)(a) As a condition of receiving a rebate of filing fees
5153 and party assessment funds pursuant to s. 99.061(1)(b) s.
5154 99.061(2), s. 99.092(1), s. 99.103, or s. 103.121(1)(b), the
5155 chair or treasurer of a state or county executive committee
5156 shall take and subscribe to an oath or affirmation in writing.
5157 During the qualifying period for state candidates and prior to
5158 distribution of such funds, a printed copy of the oath or
5159 affirmation shall be filed with the Secretary of State and shall
5160 be substantially in the following form:
5161
5162 State of Florida
5163 County of....
5164 Before me, an officer authorized to administer oaths,
5165 personally appeared ...(name)..., to me well known, who, being
5166 sworn, says that he or she is the ...(title)... of the ...(name
5167 of party)... ...(state or specified county)... executive
5168 committee; that the executive committee has not made, either
5169 directly or indirectly, an independent expenditure in support of
5170 or opposition to a candidate or elected public official in the
5171 prior 6 months; that the executive committee will not make,
5172 either directly or indirectly, an independent expenditure in
5173 support of or opposition to a candidate or elected public
5174 official, through and including the upcoming general election;
5175 and that the executive committee will not violate the
5176 contribution limits applicable to candidates under s. 106.08(2),
5177 Florida Statutes.
5178 ...(Signature of committee officer)...
5179 ...(Address)...
5180
5181 Sworn to and subscribed before me this .... day of ....,
5182 ...(year)..., at .... County, Florida.
5183 ...(Signature and title of officer administering oath)...
5184 Section 77. Effective upon becoming a law, subsection (3)
5185 of section 106.19, Florida Statutes, is amended to read:
5186 106.19 Violations by candidates, persons connected with
5187 campaigns, and political committees.—
5188 (3) A political committee sponsoring a constitutional
5189 amendment proposed by initiative which submits a petition form
5190 gathered by a paid petition circulator which does not provide
5191 the name and address of the paid petition circulator on the form
5192 is subject to the civil penalties prescribed in s. 106.265.
5193 Section 78. Section 113.01, Florida Statutes, is repealed.
5194 Section 79. Section 113.02, Florida Statutes, is repealed.
5195 Section 80. Section 113.03, Florida Statutes, is repealed.
5196 Section 81. Section 113.051, Florida Statutes, is amended
5197 to read:
5198 113.051 Grants and commissions.—All grants and commissions
5199 shall be in the name and under the authority of the State of
5200 Florida, sealed with the great seal of the state, signed by the
5201 Governor, and countersigned by the Secretary of State. A
5202 commission may not be issued by the Governor or attested to by
5203 the Secretary of State or bear the deal of the state until the
5204 oath of office is filed as required by s. 113.06.
5205 Section 82. Effective upon becoming a law, paragraph (c) of
5206 subsection (1) of section 212.055, Florida Statutes, is amended
5207 to read:
5208 212.055 Discretionary sales surtaxes; legislative intent;
5209 authorization and use of proceeds.—It is the legislative intent
5210 that any authorization for imposition of a discretionary sales
5211 surtax shall be published in the Florida Statutes as a
5212 subsection of this section, irrespective of the duration of the
5213 levy. Each enactment shall specify the types of counties
5214 authorized to levy; the rate or rates which may be imposed; the
5215 maximum length of time the surtax may be imposed, if any; the
5216 procedure which must be followed to secure voter approval, if
5217 required; the purpose for which the proceeds may be expended;
5218 and such other requirements as the Legislature may provide.
5219 Taxable transactions and administrative procedures shall be as
5220 provided in s. 212.054.
5221 (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
5222 SURTAX.—
5223 (c)1. The proposal to adopt a discretionary sales surtax as
5224 provided in this subsection and to create a trust fund within
5225 the county accounts shall be placed on the ballot in accordance
5226 with law and must be approved in a referendum held at a general
5227 election in accordance with subsection (10).
5228 2. If the proposal to adopt a surtax is by initiative, the
5229 petition sponsor must, at least 180 days before the proposed
5230 referendum, comply with all of the following:
5231 a. Provide a copy of the final resolution or ordinance to
5232 the Office of Program Policy Analysis and Government
5233 Accountability. The Office of Program Policy Analysis and
5234 Government Accountability shall procure a certified public
5235 accountant in accordance with subsection (11) for the
5236 performance audit.
5237 b. File the initiative petition and its required valid
5238 signatures with the supervisor of elections. The supervisor of
5239 elections shall verify signatures and retain signature forms in
5240 the same manner as required for initiatives under s. 100.371(6)
5241 s. 100.371(11).
5242 3. The failure of an initiative sponsor to comply with the
5243 requirements of subparagraph 2. renders any referendum held
5244 void.
5245 Section 83. Section 322.034, Florida Statutes, is created
5246 to read:
5247 322.034 Legal status designation on state-issued driver
5248 licenses and identification cards.—
5249 (1) A driver license or Florida identification card issued
5250 new or as a renewal to a qualified application must include the
5251 legal status of the licensee or card-holder as a United States
5252 citizen, an immigrant, or non-immigrant as last recorded in the
5253 system at the time of issuance or renewal.
5254 (2) An applicant seeking to update his or her legal status
5255 of immigrant or non-immigrant to a legal status of United States
5256 citizen upon presentation of the requisite documentation must be
5257 permitted to do so without paying a fee for renewal.
5258 (3) The Department of Highway Safety and Motor Vehicles
5259 must be in compliance with this section no later than July 1,
5260 2026.
5261 Section 84. Paragraph (d) is added to subsection (8) of
5262 section 895.02, Florida Statutes, to read:
5263 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
5264 (8) “Racketeering activity” means to commit, to attempt to
5265 commit, to conspire to commit, or to solicit, coerce, or
5266 intimidate another person to commit:
5267 (d) A violation of the Florida Election Code, relating to
5268 irregularities or fraud involving voter registration, voting,
5269 candidate petitions, or issue petition activities.
5270 Section 85. Paragraph (t) of subsection (2) of section
5271 1003.42, Florida Statutes, is amended to read:
5272 1003.42 Required instruction.—
5273 (2) Members of the instructional staff of the public
5274 schools, subject to the rules of the State Board of Education
5275 and the district school board, shall teach efficiently and
5276 faithfully, using the books and materials required that meet the
5277 highest standards for professionalism and historical accuracy,
5278 following the prescribed courses of study, and employing
5279 approved methods of instruction, the following:
5280 (t) Civic and character education on the qualities and
5281 responsibilities of patriotism and citizenship, including
5282 kindness; respect for authority, life, liberty, and personal
5283 property; honesty; charity; racial, ethnic, and religious
5284 tolerance; and cooperation and, for grades 11 and 12, voting
5285 using the uniform primary and general election ballot described
5286 in s. 101.151(6) s. 101.151(9).
5287
5288 The State Board of Education is encouraged to adopt standards
5289 and pursue assessment of the requirements of this subsection.
5290 Instructional programming that incorporates the values of the
5291 recipients of the Congressional Medal of Honor and that is
5292 offered as part of a social studies, English Language Arts, or
5293 other schoolwide character building and veteran awareness
5294 initiative meets the requirements of paragraph (u).
5295 Section 86. Except as otherwise expressly provided in this
5296 act and except for this section, which shall take effect upon
5297 this act becoming a law, this act shall take effect July 1,
5298 2025.