Florida Senate - 2019 SB 1802
By Senator Stewart
1 A bill to be entitled
2 An act relating to elections; amending s. 20.10, F.S.;
3 revising responsibilities of the Secretary of State;
4 providing for the statewide election of the Secretary
5 of State; prescribing qualifications and terms of
6 office; amending s. 97.012, F.S.; requiring the
7 Secretary of State to provide signature matching
8 training to supervisors of elections and county
9 canvassing boards; providing requirements for such
10 training; prohibiting such persons from comparing
11 voter signatures until receiving such training;
12 repealing s. 97.055, F.S., relating to the closure of
13 registration books for an election; repealing s.
14 97.0555, F.S., relating to late registration to vote;
15 creating s. 97.0556, F.S.; authorizing a person who
16 meets certain requirements to register to vote and to
17 cast a ballot on election day or at an early voting
18 site; creating s. 100.51, F.S.; providing that General
19 Election Day is a paid holiday; providing that any
20 elector may absent himself or herself from service or
21 employment at a specified time on a General Election
22 Day and may not be penalized for such absence;
23 creating s. 101.016, F.S.; requiring the Division of
24 Elections to maintain a strategic elections equipment
25 reserve of voting systems that may be deployed under
26 certain circumstances; authorizing the department to
27 contract with certain entities for a specified
28 purpose; amending s. 101.048, F.S.; authorizing a
29 person to cast a provisional vote in the county in
30 which the voter claims to be registered; requiring a
31 supervisor of elections to immediately notify a person
32 of a nonmatching signature and to allow such person to
33 cure the ballot within a reasonable amount of time;
34 conforming provisions to changes made by the act;
35 amending s. 101.151, F.S.; requiring a ballot to
36 include the office title of Secretary of State in a
37 specific order relative to other office titles;
38 requiring the names of candidates for each office be
39 ordered randomly; requiring a ballot to include a
40 straight-ticket voting option; requiring the
41 Department of State to adopt rules prescribing uniform
42 ballots for statewide use; requiring the department
43 rules to graphically depict sample ballot forms for
44 statewide use; amending s. 101.5612, F.S.; requiring a
45 supervisor of elections to annually conduct specified
46 tests of voting systems; requiring a supervisor of
47 elections to annually file with the Secretary of State
48 a report containing specified information; amending s.
49 101.62, F.S.; providing that a request for a vote-by
50 mail ballot is sufficient to receive such ballot for
51 all elections until the request is cancelled; revising
52 the date by which a supervisor of elections shall mail
53 a vote-by-mail ballot to each absent qualified voter;
54 amending s. 101.64, F.S.; requiring a supervisor of
55 elections to enclose a postage-paid mailing envelope
56 with each vote-by-mail ballot; providing that vote-by
57 mail ballot voter certificates may require a voter’s
58 signature or the last four digits of a voter’s social
59 security number; conforming provisions to changes made
60 by the act; amending s. 101.65, F.S.; revising
61 instructions that must be included with each vote-by
62 mail ballot to provide that a vote-by-mail ballot must
63 be postmarked or dated no later than the date of the
64 election; conforming provisions to changes made by the
65 act; amending 101.657, F.S.; requiring a supervisor of
66 elections to provide secure drop boxes, into which an
67 elector may place his or her vote-by-mail ballot, in
68 specified locations for a specified early voting
69 period; requiring the supervisor to deliver such
70 ballots to the county canvassing board; requiring
71 certain security monitoring of such secure drop boxes;
72 amending s. 101.67, F.S.; removing the requirement
73 that absent electors’ ballots must be received by the
74 supervisor by a specified time on the day of the
75 election; amending s. 101.68, F.S.; requiring a
76 supervisor of elections to compare the signature or
77 partial social security number with the signature or
78 social security number in the registration books or
79 precinct register when canvassing a vote-by-mail
80 ballot; requiring the supervisor to allow a reasonable
81 amount of time for an elector to cure a vote-by-mail
82 ballot if the signature or partial security number is
83 omitted or does not match; conforming provisions to
84 changes made by the act; amending s. 101.6952, F.S.;
85 providing that an absent voter may submit a federal
86 write-in absentee ballot or vote-by-mail ballot;
87 providing when and whether a federal write-in absentee
88 ballot or vote-by-mail ballot must be canvassed;
89 providing that a certain presumption applies to vote
90 by-mail ballots received from absent voters; providing
91 that a vote-by-mail ballot from an absent voter which
92 is postmarked or dated by a certain date and received
93 by a certain date must be counted; amending s.
94 101.697, F.S.; requiring the Department of State to
95 adopt rules authorizing a supervisor of elections to
96 accept a voted ballot by secure electronic means if
97 certain conditions are met; amending s. 102.111, F.S.;
98 prohibiting certain persons from serving on the
99 Elections Canvassing Commission; revising the dates by
100 which the commission shall certify certain election
101 returns; amending s. 102.112, F.S.; revising the
102 deadlines for the submission of county returns to the
103 Department of State; conforming a cross-reference;
104 creating s. 102.181, F.S.; providing that certain
105 persons may file actions against a supervisor of
106 elections for noncompliance with the Florida Election
107 Code; providing that such person is entitled to an
108 immediate hearing; providing for the waiver of fees
109 and costs and the awarding of attorney fees; amending
110 ss. 97.052, 97.053, 97.0575, 98.0981, and 110.117,
111 F.S.; conforming provisions to changes made by the
112 act; providing for applicability; providing an
113 effective date.
115 Be It Enacted by the Legislature of the State of Florida:
117 Section 1. Subsection (1) of section 20.10, Florida
118 Statutes, is amended to read:
119 20.10 Department of State.—There is created a Department of
121 (1) The head of the Department of State is the Secretary of
122 State. The Secretary of State shall be elected at the statewide
123 general election at which the Governor, Lieutenant Governor, and
124 Cabinet officers are elected as provided in s. 5, Art. IV of the
125 State Constitution, for a term of 4 years beginning on the first
126 Tuesday after the first Monday in January of the year following
127 such election
appointed by the Governor, subject to confirmation
128 by the Senate, and shall serve at the pleasure of the Governor.
129 When elected, the Secretary of State must be an elector of at
130 least 30 years of age who has resided in the state for the
131 preceding 7 years. A person may not appear on the ballot for
132 reelection to the office of Secretary of State if, by the end of
133 the current term of office, the person has, or but for
134 resignation would have, served in the office for 8 consecutive
135 years. The Secretary of State shall perform the functions
136 conferred by the State Constitution upon the custodian of state
138 Section 2. Subsection (7) of section 97.012, Florida
139 Statutes, is amended, and subsection (17) is added to that
140 section, to read:
141 97.012 Secretary of State as chief election officer.—The
142 Secretary of State is the chief election officer of the state,
143 and it is his or her responsibility to:
144 (7) Coordinate the state’s responsibilities under, and to
145 verify that supervisors of elections are properly implementing,
146 the National Voter Registration Act of 1993.
147 (17) Provide formal signature matching training to
148 supervisors of elections and county canvassing board members.
149 Such training must include a presumption that signatures match
150 and specified criteria that must be used to determine whether
151 signatures do not match. A supervisor of elections or a county
152 canvassing board member may not compare any voter signatures in
153 order to determine if they match until he or she has received
154 such training.
155 Section 3. Section 97.055, Florida Statutes, is repealed.
156 Section 4. Section 97.0555, Florida Statutes, is repealed.
157 Section 5. Section 97.0556, Florida Statutes, is created to
159 97.0556 Same-day voter registration.—A person who meets the
160 qualifications to register to vote provided in s. 97.041 and
161 provides the information required for the statewide voter
162 registration application pursuant to s. 97.052 may register to
163 vote and cast a ballot on election day or at an early voting
165 Section 6. Section 100.51, Florida Statutes, is created to
167 100.51 General Election Day paid holiday.—In order to
168 encourage civil participation, enable more individuals to serve
169 as poll workers, and provide additional time for the resolution
170 of any issues that arise while an elector is casting his or her
171 vote, General Election Day is a paid holiday. Any elector is
172 entitled to absent himself or herself from any service or
173 employment in which he or she is engaged or employed between the
174 time of the opening and closing of polls on General Election
175 Day. An elector who absents himself or herself under this
176 section may not be penalized in any way and a deduction may not
177 be made from his or her usual salary or wages on account of his
178 or her absence.
179 Section 7. Section 101.016, Florida Statutes, is created to
181 101.016 Strategic election equipment reserve.—The Division
182 of Elections shall maintain a strategic elections equipment
183 reserve of voting systems that may be deployed in the event of
184 an emergency as defined in s. 101.732 or upon the occurrence of
185 equipment capacity issues due to unexpected voter turnout. The
186 reserve must include tabulation equipment and any other
187 necessary equipment, such as printers, that are in use by each
188 supervisor of elections. In lieu of maintaining a physical
189 reserve of such equipment, the division may contract with a
190 vendor of voting equipment that shall provide such equipment on
191 an as-needed basis.
192 Section 8. Subsections (1) and (2) of section 101.048,
193 Florida Statutes, are amended to read:
194 101.048 Provisional ballots.—
195 (1) At all elections, a voter claiming to be properly
196 registered in the state and eligible to vote at the precinct in
197 the election but whose eligibility cannot be determined, a
198 person whom an election official asserts is not eligible, and
199 other persons specified in the code shall be entitled to vote a
200 provisional ballot in the county in which the voter claims to be
201 registered. Once voted, the provisional ballot shall be placed
202 in a secrecy envelope and thereafter sealed in a provisional
203 ballot envelope. The provisional ballot shall be deposited in a
204 ballot box. All provisional ballots shall remain sealed in their
205 envelopes for return to the supervisor of elections. The
206 department shall prescribe the form of the provisional ballot
207 envelope. A person casting a provisional ballot shall have the
208 right to present written evidence supporting his or her
209 eligibility to vote to the supervisor of elections by not later
210 than 5 p.m. on the second day following the election.
211 (2)(a) The county canvassing board shall examine each
212 Provisional Ballot Voter’s Certificate and Affirmation to
213 determine if the person voting that ballot was entitled to vote
214 in the county at the precinct where the person cast a vote in
215 the election and that the person had not already cast a ballot
216 in the election. In determining whether a person casting a
217 provisional ballot is entitled to vote, the county canvassing
218 board shall review the information provided in the Voter’s
219 Certificate and Affirmation, written evidence provided by the
220 person pursuant to subsection (1), any other evidence presented
221 by the supervisor of elections, and, in the case of a challenge,
222 any evidence presented by the challenger. A ballot of a person
223 casting a provisional ballot shall be counted unless the
224 canvassing board determines by a preponderance of the evidence
225 that the person was not entitled to vote.
226 (b)1. If it is determined that the person was registered
227 and entitled to vote in the county at the precinct where the
228 person cast a vote in the election, the canvassing board shall
229 compare the signature on the Provisional Ballot Voter’s
230 Certificate and Affirmation with the signature on the voter’s
231 registration and, if it matches, shall count the ballot. If the
232 canvassing board determines that the signature does not match,
233 the supervisor of elections shall, on behalf of the canvassing
234 board, immediately notify the person that the signature does not
235 match and shall allow the voter to cure the ballot within a
236 reasonable amount of time.
237 2. If it is determined that the person voting the
238 provisional ballot was not registered or entitled to vote in the
239 county at the precinct where the person cast a vote in the
240 election, the provisional ballot shall not be counted and the
241 ballot shall remain in the envelope containing the Provisional
242 Ballot Voter’s Certificate and Affirmation and the envelope
243 shall be marked “Rejected as Illegal.”
244 Section 9. Present subsection (9) of section 101.151,
245 Florida Statutes, is renumbered as subsection (10) and amended,
246 paragraph (a) of subsection (2) and paragraph (a) of subsection
247 (3) of that section are amended, and a new subsection (9) is
248 added to that section, to read:
249 101.151 Specifications for ballots.—
250 (2)(a) The ballot must include the following office titles
251 above the names of the candidates for the respective offices in
252 the following order:
253 1. The office titles of President and Vice President above
254 the names of the candidates for President and Vice President of
255 the United States nominated by the political party that received
256 the highest vote for Governor in the last general election of
257 the Governor in this state, followed by the names of other
258 candidates for President and Vice President of the United States
259 who have been properly nominated.
260 2. The office titles of United States Senator and
261 Representative in Congress.
262 3. The office titles of Governor and Lieutenant Governor;
263 Attorney General; Chief Financial Officer; Commissioner of
264 Agriculture; Secretary of State; State Attorney, with the
265 applicable judicial circuit; and Public Defender, with the
266 applicable judicial circuit.
267 4. The office titles of State Senator and State
268 Representative, with the applicable district for the office
269 printed beneath.
270 5. The office titles of Clerk of the Circuit Court or, when
271 the Clerk of the Circuit Court also serves as the County
272 Comptroller, Clerk of the Circuit Court and Comptroller, when
273 authorized by law; Clerk of the County Court, when authorized by
274 law; Sheriff; Property Appraiser; Tax Collector; District
275 Superintendent of Schools; and Supervisor of Elections.
276 6. The office titles of Board of County Commissioners, with
277 the applicable district printed beneath each office, and such
278 other county and district offices as are involved in the
279 election, in the order fixed by the Department of State,
280 followed, in the year of their election, by “Party Offices,” and
281 thereunder the offices of state and county party executive
282 committee members.
283 (3)(a) The names of the candidates of each party the party
284 that received the highest number of votes for Governor in the
285 last election in which a Governor was elected shall be ordered
286 randomly placed first for each office on the general election
287 ballot, together with an appropriate abbreviation of each such
288 the party name ; the names of the candidates of the party that
289 received the second highest vote for Governor shall be placed
290 second for each office, together with an appropriate
291 abbreviation of the party name.
292 (9) The ballot must include a straight-ticket voting
294 (10)(a) (9)(a) The Department of State shall adopt rules
295 prescribing a uniform primary and general election ballot for
296 statewide use each certified voting system. The rules shall
297 incorporate the requirements set forth in this section and shall
298 prescribe additional matters and forms that include, without
300 1. Clear and unambiguous ballot instructions and
302 2. Individual race layout; and
303 3. Overall ballot layout.
304 (b) The department rules shall graphically depict a sample
305 uniform primary and general election ballot form for statewide
306 use each certified voting system.
307 Section 10. Subsection (6) is added to section 101.5612,
308 Florida Statutes, to read:
309 101.5612 Testing of tabulating equipment.—
310 (6)(a) The supervisor of elections shall annually test the
311 voting system, including automatic tabulating equipment, to
312 determine if the voting system is capable of timely processing
313 both the maximum number of ballots that may be voted on an
314 election day and the maximum number of ballots that may be voted
315 in an election during the period of time in which a recount may
316 take place.
317 (b) A supervisor of elections shall annually file with the
318 Secretary of State a report that includes the results of the
319 testing conducted pursuant to paragraph (a) and a detailed plan
320 for operations if maximum voter turnout were to occur on
321 election day and if a recount were to be required in each race
322 on a ballot.
323 Section 11. Paragraph (a) of subsection (1) and paragraph
324 (b) of subsection (4) of section 101.62, Florida Statutes, are
325 amended to read:
326 101.62 Request for vote-by-mail ballots.—
327 (1)(a) The supervisor shall accept a request for a vote-by
328 mail ballot from an elector in person or in writing. One request
329 shall be deemed sufficient to receive a vote-by-mail ballot for
330 all elections until the elector or the elector’s designee
331 notifies the supervisor that the elector cancels such request
332 through the end of the calendar year of the second ensuing
333 regularly scheduled general election, unless the elector or the
334 elector’s designee indicates at the time the request is made the
335 elections for which the elector desires to receive a vote-by
336 mail ballot. Such request may be considered canceled when any
337 first-class mail sent by the supervisor to the elector is
338 returned as undeliverable.
340 (b) The supervisor of elections shall mail a vote-by-mail
341 ballot to each absent qualified voter, other than those listed
342 in paragraph (a), who has requested such a ballot, no later than
343 45 days between the 35th and 28th days before the presidential
344 preference primary election, primary election, and general
345 election. Except as otherwise provided in subsection (2) and
346 after the period described in this paragraph, the supervisor
347 shall mail vote-by-mail ballots within 2 business days after
348 receiving a request for such a ballot.
349 Section 12. Subsections (1) and (2) of section 101.64,
350 Florida Statutes, are amended to read:
351 101.64 Delivery of vote-by-mail ballots; envelopes; form.—
352 (1) The supervisor shall enclose with each vote-by-mail
353 ballot two envelopes: a secrecy envelope, into which the absent
354 elector shall enclose his or her marked ballot; and a postage
355 paid mailing envelope, into which the absent elector shall then
356 place the secrecy envelope, which shall be addressed to the
357 supervisor and also bear on the back side a certificate in
358 substantially the following form:
359 Note: Please Read Instructions Carefully Before
360 Marking Ballot and Completing Voter’s Certificate.
361 VOTER’S CERTIFICATE
362 I, ...., do solemnly swear or affirm that I am a qualified
363 and registered voter of .... County, Florida, and that I have
364 not and will not vote more than one ballot in this election. I
365 understand that if I commit or attempt to commit any fraud in
366 connection with voting, vote a fraudulent ballot, or vote more
367 than once in an election, I can be convicted of a felony of the
368 third degree and fined up to $5,000 and/or imprisoned for up to
369 5 years. I also understand that failure to sign this certificate
370 will invalidate my ballot.
372 ...(Voter’s Signature or Last Four Digits of Social Security
374 (2) The certificate shall be arranged on the back of the
375 mailing envelope so that the line for the signature or last four
376 digits of the social security number of the absent elector is
377 across the seal of the envelope; however, no statement shall
378 appear on the envelope which indicates that a signature or last
379 four digits of the social security number of the voter must
380 cross the seal of the envelope. The absent elector shall execute
381 the certificate on the envelope.
382 Section 13. Section 101.65, Florida Statutes, is amended to
384 101.65 Instructions to absent electors.—The supervisor
385 shall enclose with each vote-by-mail ballot separate printed
386 instructions in substantially the following form:
387 READ THESE INSTRUCTIONS CAREFULLY
388 BEFORE MARKING BALLOT.
389 1. VERY IMPORTANT. In order to ensure that your vote-by
390 mail ballot will be counted, it should be completed and returned
391 as soon as possible so that it can reach the supervisor of
392 elections of the county in which your precinct is located no
393 later than 7 p.m. on the day of the election. However, if you
394 are an overseas voter casting a ballot in a presidential
395 preference primary or general election, your vote-by-mail ballot
396 must be postmarked or dated no later than the date of the
397 election and received by the supervisor of elections of the
398 county in which you are registered to vote no later than 10 days
399 after the date of the election.
400 2. Mark your ballot in secret as instructed on the ballot.
401 You must mark your own ballot unless you are unable to do so
402 because of blindness, disability, or inability to read or write.
403 3. Mark only the number of candidates or issue choices for
404 a race as indicated on the ballot. If you are allowed to “Vote
405 for One” candidate and you vote for more than one candidate,
406 your vote in that race will not be counted.
407 4. Place your marked ballot in the enclosed secrecy
409 5. Insert the secrecy envelope into the enclosed mailing
410 envelope which is addressed to the supervisor.
411 6. Seal the mailing envelope and completely fill out the
412 Voter’s Certificate on the back of the mailing envelope.
413 7. VERY IMPORTANT. In order for your vote-by-mail ballot to
414 be counted, you must sign your name or print the last four
415 digits of your social security number on the line above (Voter’s
416 Signature or Last Four Digits of Social Security Number). A
417 vote-by-mail ballot will be considered illegal and not be
418 counted if the signature on the voter’s certificate or the last
419 four digits of the social security number does not match the
420 signature or social security number on record. The signature on
421 file at the start of the canvass of the vote-by-mail ballots is
422 the signature that will be used to verify your signature on the
423 voter’s certificate. If you need to update your signature for
424 this election, send your signature update on a voter
425 registration application to your supervisor of elections so that
426 it is received no later than the start of the canvassing of
427 vote-by-mail ballots, which occurs no earlier than the 15th day
428 before election day.
429 8. VERY IMPORTANT. If you are an overseas voter, You must
430 include the date you signed the Voter’s Certificate or printed
431 the last four digits of your social security number on the line
432 above (Date) or your ballot may not be counted.
433 9. Mail, deliver, or have delivered the completed mailing
434 envelope. Be sure there is sufficient postage if mailed.
435 10. FELONY NOTICE. It is a felony under Florida law to
436 accept any gift, payment, or gratuity in exchange for your vote
437 for a candidate. It is also a felony under Florida law to vote
438 in an election using a false identity or false address, or under
439 any other circumstances making your ballot false or fraudulent.
440 Section 14. Subsection (5) is added to section 101.657,
441 Florida Statutes, to read:
442 101.657 Early voting.—
443 (5)(a) As a convenience to the voter, the supervisor of
444 elections shall allow an elector to vote early by physically
445 returning a voted vote-by-mail ballot to the supervisor by
446 placing the envelope containing the voter’s marked ballot in a
447 secure drop box. A secure drop box must be placed at the main or
448 branch office of the supervisor and at each early voting
450 (b) The secure drop box must be available 24 hours a day
451 beginning at noon on the 10th day before an election that
452 contains state or federal races and ending on the day before the
453 election at midnight.
454 (c) The supervisor shall, before the canvassing of the
455 election returns, deliver the envelopes containing marked
456 ballots to the county canvassing board along with his or her
457 file or list kept regarding such ballots.
458 (d) Each secure drop box must be monitored by security
459 cameras that record video or photographic data of persons using
460 the secure drop box for the duration of the period in which the
461 secure drop box is available.
462 Section 15. Section 101.67, Florida Statutes, is amended to
464 101.67 Safekeeping of mailed ballots ; deadline for
465 receiving vote-by-mail ballots.—
466 (1) The supervisor of elections shall safely keep in his or
467 her office any envelopes received containing marked ballots of
468 absent electors, and he or she shall, before the canvassing of
469 the election returns, deliver the envelopes to the county
470 canvassing board along with his or her file or list kept
471 regarding said ballots.
472 (2) Except as provided in s. 101.6952(5), all marked absent
473 electors’ ballots to be counted must be received by the
474 supervisor by 7 p.m. the day of the election. All ballots
475 received thereafter shall be marked with the time and date of
476 receipt and filed in the supervisor’s office.
477 Section 16. Subsection (1), paragraph (c) of subsection
478 (2), and paragraphs (a), (b), and (c) of subsection (4) of
479 section 101.68, Florida Statutes, are amended to read:
480 101.68 Canvassing of vote-by-mail ballot.—
481 (1) The supervisor of the county where the absent elector
482 resides shall receive the voted ballot, at which time the
483 supervisor shall compare the signature or partial social
484 security number of the elector on the voter’s certificate with
485 the signature or social security number of the elector in the
486 registration books or the precinct register to determine whether
487 the elector is duly registered in the county and may record on
488 the elector’s registration certificate that the elector has
489 voted. An elector who dies after casting a vote-by-mail ballot
490 but on or before election day shall remain listed in the
491 registration books until the results have been certified for the
492 election in which the ballot was cast. The supervisor shall
493 safely keep the ballot unopened in his or her office until the
494 county canvassing board canvasses the vote. Except as provided
495 in subsection (4), after a vote-by-mail ballot is received by
496 the supervisor, the ballot is deemed to have been cast, and
497 changes or additions may not be made to the voter’s certificate.
498 (2)(c)1. The canvassing board must, if the supervisor has
499 not already done so, compare the signature or partial social
500 security number of the elector on the voter’s certificate or on
501 the vote-by-mail ballot cure affidavit as provided in subsection
502 (4) with the signature or social security number of the elector
503 in the registration books or the precinct register to see that
504 the elector is duly registered in the county and to determine
505 the legality of that vote-by-mail ballot. A vote-by-mail ballot
506 may only be counted if:
507 a. The signature or partial social security number on the
508 voter’s certificate or the cure affidavit matches the elector’s
509 signature or social security number in the registration books or
510 precinct register; however, in the case of a cure affidavit, the
511 supporting identification listed in subsection (4) must also
512 confirm the identity of the elector; or
513 b. The cure affidavit contains a signature or partial
514 social security number that does not match the elector’s
515 signature or social security number in the registration books or
516 precinct register, but the elector has submitted a current and
517 valid Tier 1 identification pursuant to subsection (4) which
518 confirms the identity of the elector.
519 2. The ballot of an elector who casts a vote-by-mail ballot
520 shall be counted even if the elector dies on or before election
521 day, as long as, before the death of the voter, the ballot was
522 postmarked by the United States Postal Service, date-stamped
523 with a verifiable tracking number by a common carrier, or
524 already in the possession of the supervisor of elections.
525 3. A vote-by-mail ballot is not considered illegal if the
526 signature or partial social security number of the elector does
527 not cross the seal of the mailing envelope.
528 4. If any elector or candidate present believes that a
529 vote-by-mail ballot is illegal due to a defect apparent on the
530 voter’s certificate or the cure affidavit, he or she may, at any
531 time before the ballot is removed from the envelope, file with
532 the canvassing board a protest against the canvass of that
533 ballot, specifying the precinct, the ballot, and the reason he
534 or she believes the ballot to be illegal. A challenge based upon
535 a defect in the voter’s certificate or cure affidavit may not be
536 accepted after the ballot has been removed from the mailing
538 5. If the canvassing board determines that a ballot is
539 illegal, a member of the board must, without opening the
540 envelope, mark across the face of the envelope: “rejected as
541 illegal.” The cure affidavit, if applicable, the envelope, and
542 the ballot therein shall be preserved in the manner that
543 official ballots are preserved.
544 (4)(a) The supervisor shall, on behalf of the county
545 canvassing board, immediately notify an elector who has returned
546 a vote-by-mail ballot that does not include the elector’s
547 signature or partial social security number or contains a
548 signature or partial social security number that does not match
549 the elector’s signature or social security number in the
550 registration books or precinct register. The supervisor shall
551 allow such an elector to complete and submit an affidavit in
552 order to cure the vote-by-mail ballot. The supervisor shall
553 allow a reasonable amount of time for such an elector to cure
554 the vote-by-mail ballot until 5 p.m. on the day before the
556 (b) The elector must complete a cure affidavit in
557 substantially the following form:
558 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT
559 I, ...., am a qualified voter in this election and
560 registered voter of .... County, Florida. I do solemnly swear or
561 affirm that I requested and returned the vote-by-mail ballot and
562 that I have not and will not vote more than one ballot in this
563 election. I understand that if I commit or attempt any fraud in
564 connection with voting, vote a fraudulent ballot, or vote more
565 than once in an election, I may be convicted of a felony of the
566 third degree and fined up to $5,000 and imprisoned for up to 5
567 years. I understand that my failure to sign this affidavit means
568 that my vote-by-mail ballot will be invalidated.
569 ...(Voter’s Signature or Last Four Digits of Social Security
572 (c) Instructions must accompany the cure affidavit in
573 substantially the following form:
574 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
575 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
576 BALLOT NOT TO COUNT.
577 1. In order to ensure that your vote-by-mail ballot will be
578 counted, your affidavit should be completed and returned as soon
579 as possible so that it can reach the supervisor of elections of
580 the county in which your precinct is located in a reasonable
581 amount of time no later than 5 p.m. on the day before the
583 2. You must sign your name or print the last four digits of
584 your social security number on the line above (Voter’s Signature
585 or Last Four Digits of Social Security Number).
586 3. You must make a copy of one of the following forms of
588 a. Tier 1 identification.—Current and valid identification
589 that includes your name and photograph: Florida driver license;
590 Florida identification card issued by the Department of Highway
591 Safety and Motor Vehicles; United States passport; debit or
592 credit card; military identification; student identification;
593 retirement center identification; neighborhood association
594 identification; public assistance identification; veteran health
595 identification card issued by the United States Department of
596 Veterans Affairs; a Florida license to carry a concealed weapon
597 or firearm; or an employee identification card issued by any
598 branch, department, agency, or entity of the Federal Government,
599 the state, a county, or a municipality; or
600 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
601 FORM OF IDENTIFICATION, identification that shows your name and
602 current residence address: current utility bill, bank statement,
603 government check, paycheck, or government document (excluding
604 voter identification card).
605 4. Place the envelope bearing the affidavit into a mailing
606 envelope addressed to the supervisor. Insert a copy of your
607 identification in the mailing envelope. Mail, deliver, or have
608 delivered the completed affidavit along with the copy of your
609 identification to your county supervisor of elections. Be sure
610 there is sufficient postage if mailed and that the supervisor’s
611 address is correct.
612 5. Alternatively, you may fax or e-mail your completed
613 affidavit and a copy of your identification to the supervisor of
614 elections. If e-mailing, please provide these documents as
616 Section 17. Section 101.6952, Florida Statutes, is amended
617 to read:
618 101.6952 Vote-by-mail ballots for absent uniformed services
619 and overseas voters.—
620 (1) If an absent uniformed services voter’s or an overseas
621 voter’s request for an official vote-by-mail ballot pursuant to
622 s. 101.62 includes an e-mail address, the supervisor of
623 elections shall:
624 (a) Record the voter’s e-mail address in the vote-by-mail
625 ballot record;
626 (b) Confirm by e-mail that the vote-by-mail ballot request
627 was received and include in that e-mail the estimated date the
628 vote-by-mail ballot will be sent to the voter; and
629 (c) Notify the voter by e-mail when the voted vote-by-mail
630 ballot is received by the supervisor of elections.
631 (2)(a) An absent uniformed services voter or an overseas
632 voter who makes timely application for but does not receive an
633 official vote-by-mail ballot may use the federal write-in
634 absentee ballot to vote in any federal, state, or local
636 (b)1. In an election for federal office, an elector may
637 designate a candidate by writing the name of a candidate on the
638 ballot. Except for a primary or special primary election, the
639 elector may alternatively designate a candidate by writing the
640 name of a political party on the ballot. A written designation
641 of the political party shall be counted as a vote for the
642 candidate of that party if there is such a party candidate in
643 the race.
644 2. In a state or local election, an elector may vote in the
645 section of the federal write-in absentee ballot designated for
646 nonfederal races by writing on the ballot the title of each
647 office and by writing on the ballot the name of the candidate
648 for whom the elector is voting. Except for a primary, special
649 primary, or nonpartisan election, the elector may alternatively
650 designate a candidate by writing the name of a political party
651 on the ballot. A written designation of the political party
652 shall be counted as a vote for the candidate of that party if
653 there is such a party candidate in the race. In addition, the
654 elector may vote on any ballot measure presented in such
655 election by identifying the ballot measure on which he or she
656 desires to vote and specifying his or her vote on the measure.
657 For purposes of this section, a vote cast in a judicial merit
658 retention election shall be treated in the same manner as a
659 ballot measure in which the only allowable responses are “Yes”
660 or “No.”
661 (c) In the case of a joint candidacy, such as for the
662 offices of President/Vice President or Governor/Lieutenant
663 Governor, a valid vote for one or both qualified candidates on
664 the same ticket shall constitute a vote for the joint candidacy.
665 (d) For purposes of this subsection and except when the
666 context clearly indicates otherwise, such as when a candidate in
667 the election is affiliated with a political party whose name
668 includes the word “Independent,” “Independence,” or a similar
669 term, a voter designation of “No Party Affiliation” or
670 “Independent,” or any minor variation, misspelling, or
671 abbreviation thereof, shall be considered a designation for the
672 candidate, other than a write-in candidate, who qualified to run
673 in the race with no party affiliation. If more than one
674 candidate qualifies to run as a candidate with no party
675 affiliation, the designation may not count for any candidate
676 unless there is a valid, additional designation of the
677 candidate’s name.
678 (e) Any abbreviation, misspelling, or other minor variation
679 in the form of the name of an office, the name of a candidate,
680 the ballot measure, or the name of a political party must be
681 disregarded in determining the validity of the ballot.
682 (3)(a) An absent uniformed services voter or an overseas
683 voter who submits a federal write-in absentee ballot and later
684 receives an official vote-by-mail ballot may submit the official
685 vote-by-mail ballot. An elector who submits a federal write-in
686 absentee ballot and later receives and submits an official vote
687 by-mail ballot should make every reasonable effort to inform the
688 appropriate supervisor of elections that the elector has
689 submitted more than one ballot.
690 (b) A federal write-in absentee ballot may not be canvassed
691 until 7 p.m. on the day of the election. A federal write-in
692 absentee ballot from an absent an overseas voter in a
693 presidential preference primary or general election may not be
694 canvassed until the conclusion of the 10-day period specified in
695 subsection (5). Each federal write-in absentee ballot received
696 by 7 p.m. on the day of the election shall be canvassed pursuant
697 to ss. 101.5614(4) and 101.68, unless the elector’s official
698 vote-by-mail ballot is received by 7 p.m. on election day. Each
699 federal write-in absentee ballot from an absent overseas voter
700 in a presidential preference primary or general election
701 received by 10 days after the date of the election shall be
702 canvassed pursuant to ss. 101.5614(4) and 101.68, unless the
703 overseas voter’s official vote-by-mail ballot is received by 10
704 days after the date of the election. If the elector’s official
705 vote-by-mail ballot is received by 7 p.m. on election day, or,
706 for an overseas voter in a presidential preference primary or
707 general election, no later than 10 days after the date of the
708 election, the federal write-in absentee ballot is invalid and
709 the official vote-by-mail ballot shall be canvassed. The time
710 shall be regulated by the customary time in standard use in the
711 county seat of the locality.
712 (4) For vote-by-mail ballots received from absent uniformed
713 services voters or overseas voters, there is a presumption that
714 the envelope was mailed on the date stated on the outside of the
715 return envelope, regardless of the absence of a postmark on the
716 mailed envelope or the existence of a postmark date that is
717 later than the date of the election.
718 (5) A vote-by-mail ballot from an absent overseas voter in
719 any presidential preference primary or general election which is
720 postmarked or dated no later than the date of the election and
721 is received by the supervisor of elections of the county in
722 which the overseas voter is registered no later than 10 days
723 after the date of the election shall be counted as long as the
724 vote-by-mail ballot is otherwise proper.
725 Section 18. Section 101.697, Florida Statutes, is amended
726 to read:
727 101.697 Electronic transmission of election materials.—
728 (1) The Department of State shall determine whether secure
729 electronic means can be established for receiving ballots from
730 overseas voters. If such security can be established, the
731 department shall adopt rules to authorize a supervisor of
732 elections to accept from an overseas voter a request for a vote
733 by-mail ballot or a voted vote-by-mail ballot by secure
734 facsimile machine transmission or other secure electronic means.
735 The rules must provide that in order to accept a voted ballot,
736 the verification of the voter must be established, the security
737 of the transmission must be established, and each ballot
738 received must be recorded.
739 (2) The Department of State shall determine whether secure
740 electronic means can be established for receiving ballots from
741 voters for good cause, including during or immediately after an
742 emergency as defined in s. 101.732. If such security can be
743 established, the department must adopt rules to authorize a
744 supervisor of elections to accept from a voter a voted ballot by
745 secure facsimile machine transmission or other secure electronic
746 means. The rules must provide that in order to accept a voted
747 ballot, the verification of the voter must be established, the
748 security of the transmission must be established, and each
749 ballot received must be recorded. Such a ballot may not be
750 accepted by a supervisor of elections except upon a
751 determination of good cause by the department.
752 Section 19. Present subsections (2) and (3) of section
753 102.111, Florida Statutes, are renumbered as subsections (3) and
754 (4), respectively, present subsection (2) of that section is
755 amended, and a new subsection (2) is added to that section, to
757 102.111 Elections Canvassing Commission.—
758 (2) A person who is a candidate with opposition in an
759 election that is being certified or who is an active participant
760 in the campaign or candidacy of any candidate with opposition in
761 the election that is being certified may not serve on the
762 Elections Canvassing Commission.
763 (3) (2) The Elections Canvassing Commission shall meet at 9
764 a.m. on the 9th day after a primary election to certify the
765 returns for each federal, state, and multicounty office. The
766 commission shall meet and at 9 a.m. on the 14th day after a
767 general election to certify the returns of the election for each
768 federal, state, and multicounty office, except for races that
769 are subject to a recount. If any races for federal, state, and
770 multicounty office are subject to a recount, the commission
771 shall meet at 9 a.m. on the 28th day after the general election
772 to certify the returns for any remaining races. If a member of a
773 county canvassing board that was constituted pursuant to s.
774 102.141 determines, within 5 days after the certification by the
775 Elections Canvassing Commission, that a typographical error
776 occurred in the official returns of the county, the correction
777 of which could result in a change in the outcome of an election,
778 the county canvassing board must certify corrected returns to
779 the Department of State within 24 hours, and the Elections
780 Canvassing Commission must correct and recertify the election
781 returns as soon as practicable.
782 Section 20. Subsection (2) of section 102.112, Florida
783 Statutes, is amended to read:
784 102.112 Deadline for submission of county returns to the
785 Department of State.—
786 (2)(a) Returns must be filed by 5 p.m. on the 7th day
787 following a primary election, and by noon on the 12th day
788 following the general election for all races, except for those
789 with a pending recount.
790 (b) For all races with a pending recount, returns must be
791 filed by 5 p.m. on the 26th day following the general election.
792 (c) However, the Department of State may correct
793 typographical errors, including the transposition of numbers, in
794 any returns submitted to the Department of State pursuant to s.
795 102.111(3) s. 102.111(2).
796 Section 21. Section 102.181, Florida Statutes, is created
797 to read:
798 102.181 Action against supervisor of elections.—
799 (1) Any elector qualified to vote in or any candidate for
800 office in an election may file an action against the supervisor
801 of elections administering such election for noncompliance with
802 any provision of this code.
803 (2) Any elector or candidate who files such an action is
804 entitled to an immediate hearing.
805 (3) In any such action, any filing fees or costs must be
806 waived and attorney fees must be awarded to the prevailing party
807 or parties.
808 Section 22. Subsection (6) of section 97.052, Florida
809 Statutes, is amended to read:
810 97.052 Uniform statewide voter registration application.—
811 (6) If a voter registration applicant fails to provide any
812 of the required information on the voter registration
813 application form, the supervisor shall notify the applicant of
814 the failure by mail within 5 business days after the supervisor
815 has the information available in the voter registration system.
816 The applicant shall have an opportunity to complete the
817 application form to vote in the next election up until the book
818 closing for that next election.
819 Section 23. Subsections (2), (4), and (6) of section
820 97.053, Florida Statutes, are amended to read:
821 97.053 Acceptance of voter registration applications.—
822 (2) A voter registration application is complete and
823 becomes the official voter registration record of that applicant
824 when all information necessary to establish the applicant’s
825 eligibility pursuant to s. 97.041 is received by a voter
826 registration official and verified pursuant to subsection (6).
827 If the applicant fails to complete his or her voter registration
828 application prior to the date of book closing for an election,
829 then such applicant shall not be eligible to vote in that
831 (4) The registration date for a valid initial voter
832 registration application that has been mailed to a driver
833 license office, a voter registration agency, an armed forces
834 recruitment office, the division, or the office of any
835 supervisor in the state and bears a clear postmark is the date
836 of that postmark. If an initial voter registration application
837 that has been mailed does not bear a postmark or if the postmark
838 is unclear, the registration date is the date the application is
839 received by any supervisor or the division , unless it is
840 received within 5 days after the closing of the books for an
841 election, excluding Saturdays, Sundays, and legal holidays, in
842 which case the registration date is the book-closing date.
843 (6) A voter registration application may be accepted as
844 valid only after the department has verified the authenticity or
845 nonexistence of the driver license number, the Florida
846 identification card number, or the last four digits of the
847 social security number provided by the applicant. If a completed
848 voter registration application has been received by the book
849 closing deadline but the driver license number, the Florida
850 identification card number, or the last four digits of the
851 social security number provided by the applicant cannot be
852 verified, the applicant shall be notified that the number cannot
853 be verified and that the applicant must provide evidence to the
854 supervisor sufficient to verify the authenticity of the
855 applicant’s driver license number, Florida identification card
856 number, or last four digits of the social security number. If
857 the applicant provides the necessary evidence, the supervisor
858 shall place the applicant’s name on the registration rolls as an
859 active voter. If the applicant has not provided the necessary
860 evidence or the number has not otherwise been verified prior to
861 the applicant presenting himself or herself to vote, the
862 applicant shall be provided a provisional ballot. The
863 provisional ballot shall be counted only if the number is
864 verified by the end of the canvassing period or if the applicant
865 presents evidence to the supervisor of elections sufficient to
866 verify the authenticity of the applicant’s driver license
867 number, Florida identification card number, or last four digits
868 of the social security number within a reasonable amount of time
869 after no later than 5 p.m. of the second day following the
871 Section 24. Paragraph (a) of subsection (3) of section
872 97.0575, Florida Statutes, is amended to read:
873 97.0575 Third-party voter registrations.—
874 (3)(a) A third-party voter registration organization that
875 collects voter registration applications serves as a fiduciary
876 to the applicant, ensuring that any voter registration
877 application entrusted to the organization, irrespective of party
878 affiliation, race, ethnicity, or gender, shall be promptly
879 delivered to the division or the supervisor of elections within
880 48 hours after the applicant completes it or the next business
881 day if the appropriate office is closed for that 48-hour period.
882 If a voter registration application collected by any third-party
883 voter registration organization is not promptly delivered to the
884 division or supervisor of elections, the third-party voter
885 registration organization is liable for the following fines:
886 1. A fine in the amount of $50 for each application
887 received by the division or the supervisor of elections more
888 than 48 hours after the applicant delivered the completed voter
889 registration application to the third-party voter registration
890 organization or any person, entity, or agent acting on its
891 behalf or the next business day, if the office is closed. A fine
892 in the amount of $250 for each application received if the
893 third-party voter registration organization or person, entity,
894 or agency acting on its behalf acted willfully.
895 2. A fine in the amount of $100 for each application
896 collected by a third-party voter registration organization or
897 any person, entity, or agent acting on its behalf, before book
898 closing for any given election for federal or state office and
899 received by the division or the supervisor of elections after
900 the book-closing deadline for such election. A fine in the
901 amount of $500 for each application received if the third-party
902 registration organization or person, entity, or agency acting on
903 its behalf acted willfully.
904 2. 3. A fine in the amount of $500 for each application
905 collected by a third-party voter registration organization or
906 any person, entity, or agent acting on its behalf, which is not
907 submitted to the division or supervisor of elections. A fine in
908 the amount of $1,000 for any application not submitted if the
909 third-party voter registration organization or person, entity,
910 or agency acting on its behalf acted willfully.
912 The aggregate fine pursuant to this paragraph which may be
913 assessed against a third-party voter registration organization,
914 including affiliate organizations, for violations committed in a
915 calendar year is $1,000.
916 Section 25. Section 98.0981, Florida Statutes, is amended
917 to read:
918 98.0981 Reports; voting history; statewide voter
919 registration system information; precinct-level election
920 results; pre-election book closing statistics.—
921 (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
923 (a) Within 30 days after certification by the Elections
924 Canvassing Commission of a presidential preference primary,
925 special election, primary election, or general election,
926 supervisors of elections shall transmit to the department, in a
927 uniform electronic format specified in paragraph (d), completely
928 updated voting history information for each qualified voter who
930 (b) After receipt of the information in paragraph (a), the
931 department shall prepare a report in electronic format which
932 contains the following information, separately compiled for the
933 primary and general election for all voters qualified to vote in
934 either election:
935 1. The unique identifier assigned to each qualified voter
936 within the statewide voter registration system;
937 2. All information provided by each qualified voter on his
938 or her voter registration application pursuant to s. 97.052(2),
939 except that which is confidential or exempt from public records
941 3. Each qualified voter’s date of registration;
942 4. Each qualified voter’s current state representative
943 district, state senatorial district, and congressional district,
944 assigned by the supervisor of elections;
945 5. Each qualified voter’s current precinct; and
946 6. Voting history as transmitted under paragraph (a) to
947 include whether the qualified voter voted at a precinct
948 location, voted during the early voting period, voted by vote
949 by-mail ballot, attempted to vote by vote-by-mail ballot that
950 was not counted, attempted to vote by provisional ballot that
951 was not counted, or did not vote.
952 (c) Within 45 days after certification by the Elections
953 Canvassing Commission of a presidential preference primary,
954 special election, primary election, or general election, the
955 department shall send to the President of the Senate, the
956 Speaker of the House of Representatives, the Senate Minority
957 Leader, and the House Minority Leader a report in electronic
958 format that includes all information set forth in paragraph (b).
959 (d) File specifications are as follows:
960 1. The file shall contain records designated by the
961 categories below for all qualified voters who, regardless of the
962 voter’s county of residence or active or inactive registration
963 status on at the election day book closing for the corresponding
964 election that the file is being created for:
965 a. Voted a regular ballot at a precinct location.
966 b. Voted at a precinct location using a provisional ballot
967 that was subsequently counted.
968 c. Voted a regular ballot during the early voting period.
969 d. Voted during the early voting period using a provisional
970 ballot that was subsequently counted.
971 e. Voted by vote-by-mail ballot.
972 f. Attempted to vote by vote-by-mail ballot, but the ballot
973 was not counted.
974 g. Attempted to vote by provisional ballot, but the ballot
975 was not counted in that election.
976 2. Each file shall be created or converted into a tab
977 delimited format.
978 3. File names shall adhere to the following convention:
979 a. Three-character county identifier as established by the
980 department followed by an underscore.
981 b. Followed by four-character file type identifier of
982 “VHO3” followed by an underscore.
983 c. Followed by FVRS election ID followed by an underscore.
984 d. Followed by Date Created followed by an underscore.
985 e. Date format is YYYYMMDD.
986 f. Followed by Time Created - HHMMSS.
987 g. Followed by “.txt”.
988 4. Each record shall contain the following columns: Record
989 Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
990 Date, Vote History Code, Precinct, Congressional District, House
991 District, Senate District, County Commission District, and
992 School Board District.
993 (e) Each supervisor of elections shall reconcile, before
994 submission, the aggregate total of ballots cast in each precinct
995 as reported in the precinct-level election results to the
996 aggregate total number of voters with voter history for the
997 election for each district.
998 (f) Each supervisor of elections shall submit the results
999 of the data reconciliation as described in paragraph (e) to the
1000 department in an electronic format and give a written
1001 explanation for any precincts where the reconciliation as
1002 described in paragraph (e) results in a discrepancy between the
1003 voter history and the election results.
1004 (2) PRECINCT-LEVEL ELECTION RESULTS.—
1005 (a) Within 30 days after certification by the Elections
1006 Canvassing Commission of a presidential preference primary
1007 election, special election, primary election, or general
1008 election, the supervisors of elections shall collect and submit
1009 to the department precinct-level election results for the
1010 election in a uniform electronic format specified by paragraph
1011 (c). The precinct-level election results shall be compiled
1012 separately for the primary or special primary election that
1013 preceded the general or special general election, respectively.
1014 The results shall specifically include for each precinct the
1015 total of all ballots cast for each candidate or nominee to fill
1016 a national, state, county, or district office or proposed
1017 constitutional amendment, with subtotals for each candidate and
1018 ballot type, unless fewer than 10 voters voted a ballot type.
1019 “All ballots cast” means ballots cast by voters who cast a
1020 ballot whether at a precinct location, by vote-by-mail ballot
1021 including overseas vote-by-mail ballots, during the early voting
1022 period, or by provisional ballot.
1023 (b) The department shall make such information available on
1024 a searchable, sortable, and downloadable database via its
1025 website that also includes the file layout and codes. The
1026 database shall be searchable and sortable by county, precinct,
1027 and candidate. The database shall be downloadable in a tab
1028 delimited format. The database shall be available for download
1029 county-by-county and also as a statewide file. Such report shall
1030 also be made available upon request.
1031 (c) The files containing the precinct-level election
1032 results shall be created in accordance with the applicable file
1034 1. The precinct-level results file shall be created or
1035 converted into a tab-delimited text file.
1036 2. The row immediately before the first data record shall
1037 contain the column names of the data elements that make up the
1038 data records. There shall be one header record followed by
1039 multiple data records.
1040 3. The data records shall include the following columns:
1041 County Name, Election Number, Election Date, Unique Precinct
1042 Identifier, Precinct Polling Location, Total Registered Voters,
1043 Total Registered Republicans, Total Registered Democrats, Total
1044 Registered All Other Parties, Contest Name,
1045 Candidate/Retention/Issue Name, Candidate Florida Voter
1046 Registration System ID Number, Division of Elections Unique
1047 Candidate Identifying Number, Candidate Party, District,
1048 Undervote Total, Overvote Total, Write-in Total, and Vote Total.
1049 (3) PRECINCT-LEVEL PRE-ELECTION BOOK CLOSING STATISTICS.
1050 After 29 days before the date of an election the date of book
1051 closing but before the date of an election as defined in s.
1052 97.021 to fill a national, state, county, or district office, or
1053 to vote on a proposed constitutional amendment, the department
1054 shall compile the following precinct-level statistical data for
1055 each county:
1056 (a) Precinct numbers.
1057 (b) Total number of active registered voters by party for
1058 each precinct.
1059 (4) REPORTS PUBLICLY AVAILABLE.—The department shall also
1060 make publicly available the reports and results required in
1061 subsections (1)-(3).
1062 (5) RULEMAKING.—The department shall adopt rules and
1063 prescribe forms to carry out the purposes of this section.
1064 Section 26. Subsection (1) of section 110.117, Florida
1065 Statutes, is amended to read:
1066 110.117 Paid holidays.—
1067 (1) The following holidays shall be paid holidays observed
1068 by all state branches and agencies:
1069 (a) New Year’s Day.
1070 (b) Birthday of Martin Luther King, Jr., third Monday in
1072 (c) Memorial Day.
1073 (d) Independence Day.
1074 (e) Labor Day.
1075 (f) General Election Day.
1076 (g) Veterans’ Day, November 11.
1077 (h) (g) Thanksgiving Day.
1078 (i) (h) Friday after Thanksgiving.
1079 (j) (i) Christmas Day.
1080 (k) (j) If any of these holidays falls on Saturday, the
1081 preceding Friday shall be observed as a holiday. If any of these
1082 holidays falls on Sunday, the following Monday shall be observed
1083 as a holiday.
1084 Section 27. The amendments made by this act providing for
1085 the statewide election of the Secretary of State shall apply to
1086 the term of office beginning January 3, 2023, but shall govern
1087 with respect to candidate qualifying for the statewide primary
1088 and general elections in 2022.
1089 Section 28. This act shall take effect July 1, 2019.