Florida Senate - 2025                                    SB 12-A
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-00013-25A                                           202512A__
    1                        A bill to be entitled                      
    2         An act relating to combatting illegal immigration;
    3         amending s. 97.051, F.S.; revising the oath a person
    4         subscribes to upon registering to vote; amending s.
    5         104.011, F.S.; providing criminal penalties for
    6         unauthorized aliens who willfully swear or affirm to
    7         any oath or affirmation in connection with or arising
    8         out of voting or elections and for persons who have
    9         knowledge that such a registrant is an unauthorized
   10         alien; providing criminal penalties for unauthorized
   11         aliens who willfully submit false voter registration
   12         information and for persons who have knowledge that
   13         such a registrant is an unauthorized alien; amending
   14         s. 104.15, F.S.; providing criminal penalties for
   15         unauthorized aliens who, knowing that they are not
   16         qualified electors, willfully vote at any election and
   17         for persons who aid or solicit another person who is
   18         an unauthorized alien to such action; providing for
   19         severability; providing effective dates.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 97.051, Florida Statutes, is amended to
   24  read:
   25         97.051 Oath upon registering.—A person registering to vote
   26  must subscribe to the following oath: “I do solemnly swear (or
   27  affirm) that I will protect and defend the Constitution of the
   28  United States and the Constitution of the State of Florida, that
   29  I am qualified to register as an elector under the Constitution
   30  and laws of the State of Florida, and that all information
   31  provided in this application is true. I have carefully reviewed
   32  the instructions for completing the Florida Voter Registration
   33  Application, and I further swear (or affirm) that I am a United
   34  States citizen, and I understand that if I have provided false
   35  information on this application I could be subject to criminal
   36  penalties for perjury and that I may be fined, imprisoned, or,
   37  if not a United States citizen, deported from or refused entry
   38  into the United States.”
   39         Section 2. Effective March 31, 2025, section 104.011,
   40  Florida Statutes, is amended to read:
   41         104.011 False swearing; submission of false voter
   42  registration information; prosecution prohibited.—
   43         (1)(a) A person who willfully swears or affirms falsely to
   44  any oath or affirmation, or willfully procures another person to
   45  swear or affirm falsely to an oath or affirmation, in connection
   46  with or arising out of voting or elections commits a felony of
   47  the third degree, punishable as provided in s. 775.082, s.
   48  775.083, or s. 775.084.
   49         (b)A person who commits a violation of paragraph (a) and
   50  who is an unauthorized alien as defined in s. 908.111, or who
   51  assists another in violation of paragraph (a) and has knowledge
   52  that the registrant is an unauthorized alien as defined in s.
   53  908.111, commits a felony of the second degree, punishable as
   54  provided in s. 775.082, s. 775.083, or s. 775.084.
   55         (2)(a) A person who willfully submits any false voter
   56  registration information commits a felony of the third degree,
   57  punishable as provided in s. 775.082 or s. 775.083.
   58         (b)A person who commits a violation of paragraph (a) and
   59  who is an unauthorized alien as defined in s. 908.111, or who
   60  assists another in violation of paragraph (a) and has knowledge
   61  that the registrant is an unauthorized alien as defined in s.
   62  908.111, commits a felony of the second degree, punishable as
   63  provided in s. 775.082, s. 775.083, or s. 775.084.
   64         (3) A person may not be charged or convicted for a
   65  violation of this section for affirming that he or she has not
   66  been convicted of a felony or that, if convicted, he or she has
   67  had voting rights restored, if such violation is alleged to have
   68  occurred on or after January 8, 2019, but before July 1, 2019.
   69         Section 3. Section 104.15, Florida Statutes, is amended to
   70  read:
   71         104.15 Unqualified electors willfully voting.—
   72         (1) Whoever, knowing he or she is not a qualified elector,
   73  willfully votes at any election is guilty of a felony of the
   74  third degree, punishable as provided in s. 775.082, s. 775.083,
   75  or s. 775.084.
   76         (2)A person who commits a violation of subsection (1) and
   77  who is an unauthorized alien as defined in s. 908.111, or a
   78  person who aids or solicits another to violate subsection (1)
   79  with knowledge that such person is an unauthorized alien as
   80  defined in s. 908.111, commits a felony of the second degree,
   81  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   82         Section 4.  If any provision of this act or its application
   83  to any person or circumstance is held invalid, the invalidity
   84  does not affect other provisions or applications of this act
   85  which can be given effect without the invalid provision or
   86  application, and to this end the provisions of this act are
   87  severable.
   88         Section 5. Except as otherwise expressly provided in this
   89  act, this act shall take effect upon becoming a law.