Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1355, 1st Eng.
       
       
       
       
       
       
                                Barcode 593948                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1b/F/2R         .                                
             05/04/2011 01:50 PM       .                                
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       Senator Ring moved the following:
       
    1         Senate Amendment to Amendment (404618) (with title
    2  amendment)
    3  
    4         Delete lines 80 - 200
    5  and insert:
    6         (3) A third-party voter registration organization shall
    7  turn in each voter registration application received from its
    8  authorized registration agents regardless of whether the third
    9  party voter registration organization believes the voter
   10  registration application may be invalid or incomplete. If, when
   11  submitting a voter registration application, a third-party voter
   12  registration organization also submits information stating why
   13  the organization believes the application may be invalid or
   14  incomplete, the third-party voter registration organization
   15  shall be presumed to be in compliance with this section.
   16         (1) Prior to engaging in any voter registration activities,
   17  a third-party voter registration organization shall name a
   18  registered agent in the state and submit to the division, in a
   19  form adopted by the division, the name of the registered agent
   20  and the name of those individuals responsible for the day-to-day
   21  operation of the third-party voter registration organization,
   22  including, if applicable, the names of the entity’s board of
   23  directors, president, vice president, managing partner, or such
   24  other individuals engaged in similar duties or functions. On or
   25  before the 15th day after the end of each calendar quarter, each
   26  third-party voter registration organization shall submit to the
   27  division a report providing the date and location of any
   28  organized voter registration drives conducted by the
   29  organization in the prior calendar quarter.
   30         (2) The failure to submit the information required by
   31  subsection (1) does not subject the third-party voter
   32  registration organization to any civil or criminal penalties for
   33  such failure, and the failure to submit such information is not
   34  a basis for denying such third-party voter registration
   35  organization with copies of voter registration application
   36  forms.
   37         (4)(a)(3) A third-party voter registration organization
   38  that collects voter registration applications serves as a
   39  fiduciary to the applicant, ensuring that any voter registration
   40  application entrusted to the third-party voter registration
   41  organization, irrespective of party affiliation, race,
   42  ethnicity, or gender, shall be promptly delivered to the
   43  division or the supervisor of elections within 48 hours after
   44  the applicant completes it or the next business day if the
   45  appropriate office is closed for that 48-hour period. If a voter
   46  registration application collected by any third-party voter
   47  registration organization is not promptly delivered to the
   48  division or supervisor of elections, the third-party voter
   49  registration organization is shall be liable for the following
   50  fines:
   51         1.(a) A fine in the amount of $50 for each application
   52  received by the division or the supervisor of elections more
   53  than 48 hours 10 days after the applicant delivered the
   54  completed voter registration application to the third-party
   55  voter registration organization or any person, entity, or agent
   56  acting on its behalf or the next business day, if the office is
   57  closed. A fine in the amount of $250 for each application
   58  received if the third-party voter registration organization or
   59  person, entity, or agency acting on its behalf acted willfully.
   60         2.(b) A fine in the amount of $100 for each application
   61  collected by a third-party voter registration organization or
   62  any person, entity, or agent acting on its behalf, before prior
   63  to book closing for any given election for federal or state
   64  office and received by the division or the supervisor of
   65  elections after the book-closing book closing deadline for such
   66  election. A fine in the amount of $500 for each application
   67  received if the third-party registration organization or person,
   68  entity, or agency acting on its behalf acted willfully.
   69         3.(c) A fine in the amount of $500 for each application
   70  collected by a third-party voter registration organization or
   71  any person, entity, or agent acting on its behalf, which is not
   72  submitted to the division or supervisor of elections. A fine in
   73  the amount of $1,000 for any application not submitted if the
   74  third-party voter registration organization or person, entity,
   75  or agency acting on its behalf acted willfully.
   76  
   77  The aggregate fine pursuant to this paragraph subsection which
   78  may be assessed against a third-party voter registration
   79  organization, including affiliate organizations, for violations
   80  committed in a calendar year is shall be $1,000.
   81         (b) A showing by the fines provided in this subsection
   82  shall be reduced by three-fourths in cases in which the third
   83  party voter registration organization that the failure to
   84  deliver the voter registration application within the required
   85  timeframe is based upon force majeure or impossibility of
   86  performance shall be an affirmative defense to a violation of
   87  this subsection has complied with subsection (1). The secretary
   88  may shall waive the fines described in this subsection upon a
   89  showing that the failure to deliver the voter registration
   90  application promptly is based upon force majeure or
   91  impossibility of performance.
   92         (5) If the Secretary of State reasonably believes that a
   93  person has committed a violation of this section, the secretary
   94  may refer the matter to the Attorney General for enforcement.
   95  The Attorney General may institute a civil action for a
   96  violation of this section or to prevent a violation of this
   97  section. An action for relief may include a permanent or
   98  temporary injunction, a restraining order, or any other
   99  appropriate order.
  100         (6)(4)(a) The division shall adopt by rule a form to elicit
  101  specific information concerning the facts and circumstances from
  102  a person who claims to have been registered to vote by a third
  103  party voter registration organization but who does not appear as
  104  an active voter on the voter registration rolls. The division
  105  shall also adopt rules to ensure the integrity of the
  106  registration process, including rules requiring third-party
  107  voter registration organizations to account for all state and
  108  federal registration forms used by their registration agents.
  109         (b) The division may investigate any violation of this
  110  section. Civil fines shall be assessed by the division and
  111  enforced through any appropriate legal proceedings.
  112         (7)(5) The date on which an applicant signs a voter
  113  registration application is presumed to be the date on which the
  114  third-party voter registration organization received or
  115  collected the voter registration application.
  116         (8)(6) The civil fines provided in this section are in
  117  addition to any applicable criminal penalties.
  118         (9)(7) Fines collected pursuant to this section shall be
  119  annually appropriated by the Legislature to the department for
  120  enforcement of this section and for voter education.
  121         (10)(8) The division may adopt rules to administer this
  122  section.
  123  
  124  ================= T I T L E  A M E N D M E N T ================
  125         And the title is amended as follows:
  126         Delete lines 3944 - 3962
  127  and insert:
  128         and made public daily at a specified time; requiring
  129         submission of all voter registration applications
  130         received by a third-party voter registration
  131         organization; providing circumstances under which a
  132         third-party voter registration organization shall be
  133         deemed to be in compliance with the law when
  134         submitting voter registration applications; amending
  135         s. 97.071, F.S.; requiring