Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 90
       
       
       
       
       
       
                                Ì471674=Î471674                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/22/2021 11:29 AM       .                                
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       Senator Taddeo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 350 - 360
    4  and insert:
    5         Section 4. Effective January 1, 2022, section 97.057,
    6  Florida Statutes, is amended to read:
    7         97.057 Voter registration by the Department of Highway
    8  Safety and Motor Vehicles.—
    9         (1) Each of the following serves as an application The
   10  Department of Highway Safety and Motor Vehicles shall provide
   11  the opportunity to register to vote or to update a voter
   12  registration record when submitted to the Department of Highway
   13  Safety and Motor Vehicles to each individual who comes to an
   14  office of that department to:
   15         (a) An application Apply for a driver license or a renewal
   16  of renew a driver license;
   17         (b) An application Apply for an identification card
   18  pursuant to chapter 322 or a renewal of renew an identification
   19  card pursuant to chapter 322; or
   20         (c) An application for a change of an address on an
   21  existing driver license or identification card.
   22  
   23  Unless the applicant declines to register to vote or to update
   24  his or her voter registration record, he or she is deemed to
   25  have consented to the use of the signature from his or her
   26  driver license or identification card application for voter
   27  registration purposes.
   28         (2) An application for a driver license or an
   29  identification card must include a voter registration component.
   30  The voter registration component must be approved by the
   31  Department of State. The voter registration component of a
   32  driver license or identification card application must contain:
   33         (a) The minimum amount of information necessary to prevent
   34  duplicate voter registrations and preserve the ability of the
   35  department and supervisors of elections to assess the
   36  eligibility of the applicant and administer voter registration
   37  and other provisions of this code.
   38         (b) A statement setting forth voting eligibility
   39  requirements.
   40         (c) An explanation that the applicant is consenting, for
   41  voter registration purposes, to the use of his or her signature
   42  from the applicant’s driver license or identification card
   43  application. By consenting to the use of his or her signature,
   44  the applicant is deemed to have subscribed to the oath required
   45  by s. 3, Art. VI of the State Constitution and s. 97.051 and to
   46  have sworn and affirmed that the voter registration information
   47  contained in the application is true under penalty for false
   48  swearing pursuant to s. 104.011.
   49         (d) An option that allows the applicant to choose or update
   50  a party affiliation; otherwise, an applicant who is initially
   51  registering to vote and does not exercise such option shall be
   52  registered without party affiliation in accordance with s.
   53  97.053(5)(b).
   54         (e) An option that allows the applicant to decline to
   55  register to vote or to decline to update his or her voter
   56  registration record. The Department of Highway Safety and Motor
   57  Vehicles shall note any such declination in its records and
   58  forward the declination to the Department of State. Any
   59  declination may be used only for voter registration purposes and
   60  is confidential and exempt from public records requirements as
   61  provided in s. 97.0585.
   62         (3) The Department of Highway Safety and Motor Vehicles
   63  shall:
   64         (a) Develop a voter registration component for applications
   65  which meets the requirements set forth in subsection (2). Notify
   66  each individual, orally or in writing, that:
   67         1. Information gathered for the completion of a driver
   68  license or identification card application, renewal, or change
   69  of address can be automatically transferred to a voter
   70  registration application;
   71         2. If additional information and a signature are provided,
   72  the voter registration application will be completed and sent to
   73  the proper election authority;
   74         3. Information provided can also be used to update a voter
   75  registration record;
   76         4. All declinations will remain confidential and may be
   77  used only for voter registration purposes; and
   78         5. The particular driver license office in which the person
   79  applies to register to vote or updates a voter registration
   80  record will remain confidential and may be used only for voter
   81  registration purposes.
   82         (b) Require a driver license examiner to inquire orally or,
   83  if the applicant is hearing impaired, inquire in writing whether
   84  the applicant wishes to register to vote or update a voter
   85  registration record during the completion of a driver license or
   86  identification card application, renewal, or change of address.
   87         1. If the applicant chooses to register to vote or to
   88  update a voter registration record:
   89         a. All applicable information received by the Department of
   90  Highway Safety and Motor Vehicles in the course of filling out
   91  the forms necessary under subsection (1) must be transferred to
   92  a voter registration application.
   93         b. The additional necessary information must be obtained by
   94  the driver license examiner and must not duplicate any
   95  information already obtained while completing the forms required
   96  under subsection (1).
   97         c. A voter registration application with all of the
   98  applicant’s voter registration information required to establish
   99  the applicant’s eligibility pursuant to s. 97.041 must be
  100  presented to the applicant to review and verify the voter
  101  registration information received and provide an electronic
  102  signature affirming the accuracy of the information provided.
  103         2. If the applicant declines to register to vote, update
  104  the applicant’s voter registration record, or change the
  105  applicant’s address by either orally declining or by failing to
  106  sign the voter registration application, the Department of
  107  Highway Safety and Motor Vehicles must note such declination on
  108  its records and shall forward the declination to the statewide
  109  voter registration system.
  110         (3) For the purpose of this section, the Department of
  111  Highway Safety and Motor Vehicles, with the approval of the
  112  Department of State, shall prescribe:
  113         (a) A voter registration application that is the same in
  114  content, format, and size as the uniform statewide voter
  115  registration application prescribed under s. 97.052; and
  116         (b) A form that will inform applicants under subsection (1)
  117  of the information contained in paragraph (2)(a).
  118         (4)The Department of Highway Safety and Motor Vehicles
  119  must Electronically transmit the voter registration component of
  120  an applicant’s driver license or identification card application
  121  to the Department of State completed voter registration
  122  applications within 24 hours after receipt to the statewide
  123  voter registration system. Upon receipt of the voter
  124  registration component, the Department of State shall provide
  125  the information to the supervisor of the county in which the
  126  applicant is registering Completed paper voter registration
  127  applications received by the Department of Highway Safety and
  128  Motor Vehicles shall be forwarded within 5 days after receipt to
  129  the supervisor of the county where the office that processed or
  130  received that application is located.
  131         (5) The Department of Highway Safety and Motor Vehicles
  132  must send, with each driver license renewal extension
  133  application authorized pursuant to s. 322.18(8), a uniform
  134  statewide voter registration application, the voter registration
  135  application prescribed under paragraph (3)(a), or a voter
  136  registration application developed especially for the purposes
  137  of this subsection by the Department of Highway Safety and Motor
  138  Vehicles, with the approval of the Department of State, which
  139  must meet the requirements of s. 97.052.
  140         (4)(6) A person providing voter registration services for a
  141  driver license office may not:
  142         (a) Seek to influence an applicant’s political preference
  143  or party registration;
  144         (b) Display any political preference or party allegiance;
  145         (c) Make any statement to an applicant or take any action
  146  the purpose or effect of which is to discourage the applicant
  147  from registering to vote; or
  148         (d) Disclose any applicant’s voter registration information
  149  except as needed for the administration of voter registration.
  150         (5)(7) The Department of Highway Safety and Motor Vehicles
  151  shall collect data determined necessary by the Department of
  152  State for program evaluation and reporting to the Election
  153  Assistance Commission pursuant to federal law.
  154         (6)(8) The Department of Highway Safety and Motor Vehicles
  155  shall must ensure that all voter registration services provided
  156  by driver license offices are in compliance with the Voting
  157  Rights Act of 1965.
  158         (7)(9) The Department of Highway Safety and Motor Vehicles
  159  shall retain complete records of voter registration information
  160  received, processed, and submitted to the Department of State
  161  statewide voter registration system by the Department of Highway
  162  Safety and Motor Vehicles. The maintenance of such These records
  163  is shall be for the explicit purpose of supporting audit and
  164  accounting controls established to ensure accurate and complete
  165  electronic transmission of records between the Department of
  166  State statewide voter registration system and the Department of
  167  Highway Safety and Motor Vehicles.
  168         (8)(10) The Department of State shall provide the
  169  Department of Highway Safety and Motor Vehicles with an
  170  electronic database of street addresses valid for use as the
  171  address of legal residence as required in s. 97.053(5). The
  172  Department of Highway Safety and Motor Vehicles shall compare
  173  the address provided by the applicant against the database of
  174  valid street addresses. If the address provided by the applicant
  175  does not match a valid street address in the database, the
  176  applicant will be asked to verify the address provided. The
  177  Department of Highway Safety and Motor Vehicles may shall not
  178  reject any application for voter registration for which a valid
  179  match cannot be made.
  180         (9)(11) The Department of Highway Safety and Motor Vehicles
  181  shall enter into an agreement with the Department of State to
  182  match information in the statewide voter registration system
  183  with information in the database of the Department of Highway
  184  Safety and Motor Vehicles to the extent required to verify the
  185  accuracy of the driver license number, Florida identification
  186  number, or last four digits of the social security number
  187  provided on applications for voter registration as required in
  188  s. 97.053.
  189         (10)(12) The Department of Highway Safety and Motor
  190  Vehicles shall enter into an agreement with the Commissioner of
  191  Social Security as required by the Help America Vote Act of 2002
  192  to verify the last four digits of the social security number
  193  provided in applications for voter registration as required in
  194  s. 97.053.
  195         Section 5. Effective January 1, 2022, paragraph (b) of
  196  subsection (4) of section 98.045, Florida Statutes, is amended
  197  to read:
  198         98.045 Administration of voter registration.—
  199         (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
  200  STREET ADDRESSES.—
  201         (b) The department shall make the statewide database of
  202  valid street addresses available to the Department of Highway
  203  Safety and Motor Vehicles as provided in s. 97.057(8) s.
  204  97.057(10). The Department of Highway Safety and Motor Vehicles
  205  shall use the database for purposes of validating the legal
  206  residential addresses provided in voter registration
  207  applications received by the Department of Highway Safety and
  208  Motor Vehicles.
  209  
  210  ================= T I T L E  A M E N D M E N T ================
  211  And the title is amended as follows:
  212         Delete lines 15 - 19
  213  and insert:
  214         F.S.; revising procedures governing voter registration
  215         by the Department of Highway Safety and Motor
  216         Vehicles; providing that driver license or
  217         identification card applications, driver license or
  218         identification card renewal applications, and
  219         applications for changes of address for existing
  220         driver licenses or identification cards submitted to
  221         the department serve as voter registration
  222         applications; specifying that an applicant is deemed
  223         to have consented to the use of his or her signature
  224         for voter registration purposes, unless a declination
  225         is made; requiring specified applications to include a
  226         voter registration component, subject to approval by
  227         the Department of State; specifying requirements for
  228         the voter registration component; providing for the
  229         transmittal of voter registration information to the
  230         Department of State and supervisors of elections;
  231         amending s. 98.045, F.S.; conforming a cross
  232         reference; amending s.