Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 90
       
       
       
       
       
       
                                Ì937796fÎ937796                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/20/2021           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Farmer) recommended the following:
       
    1         Senate Amendment to Amendment (262784) (with title
    2  amendment)
    3  
    4         Delete lines 58 - 344
    5  and insert:
    6  digits of his or her social security number.
    7         (4)(a) In order to submit a voter registration application
    8  through the online voter registration system, an applicant must
    9  provide his or her Florida driver license number or the
   10  identification number from a Florida identification card issued
   11  under s. 322.051; or the last four digits of the applicant’s
   12  social security number.
   13         (b)1.If the applicant has submitted his or her Florida
   14  driver license number or the identification number from a
   15  Florida identification card with a voter registration
   16  application, the online voter registration system shall compare
   17  the Florida driver license number or Florida identification
   18  number submitted pursuant to s. 97.052(2)(n) with information
   19  maintained by the Department of Highway Safety and Motor
   20  Vehicles to confirm that the name and date of birth on the
   21  application are consistent with the records of the Department of
   22  Highway Safety and Motor Vehicles.
   23         2.(b) If the applicant’s name and date of birth are
   24  consistent with the records of the Department of Highway Safety
   25  and Motor Vehicles, the online voter registration system shall
   26  transmit, using the statewide voter registration system
   27  maintained pursuant to s. 98.035, the applicant’s registration
   28  application, along with the digital signature of the applicant
   29  on file with the Department of Highway Safety and Motor
   30  Vehicles, to the supervisor of elections. The applicant’s
   31  digital signature satisfies the signature requirement of s.
   32  97.052(2)(q).
   33         (c)1. If the applicant has submitted the last four digits
   34  of his or her social security number, the online voter
   35  registration system must verify the last four digits of the
   36  social security number in accordance with s. 97.053(6).
   37         2. If the last four digits of the applicant’s social
   38  security number are verified pursuant to s. 97.053(6), the
   39  online voter registration system shall transmit, using the
   40  statewide voter registration system maintained pursuant to s.
   41  98.035, the applicant’s registration application to the
   42  supervisor of elections.
   43         (d) If the applicant’s name and date of birth cannot be
   44  verified by the records of the Department of Highway Safety and
   45  Motor Vehicles, or if the last four digits of the applicant’s
   46  social security number cannot be verified applicant indicated
   47  that he or she has not been issued a Florida driver license or
   48  Florida identification card, the online voter registration
   49  system shall populate the applicant’s information into a
   50  printable voter registration application pursuant to s.
   51  97.052(2) and direct the applicant to print, sign, and date the
   52  application and deliver the application to the supervisor of
   53  elections for disposition pursuant to s. 97.073.
   54         Section 3. Paragraph (a) of subsection (5) and subsection
   55  (6) of section 97.053, Florida Statutes, are amended to read:
   56         97.053 Acceptance of voter registration applications.—
   57         (5)(a) A voter registration application is complete if it
   58  contains the following information necessary to establish the
   59  applicant’s eligibility pursuant to s. 97.041, including:
   60         1. The applicant’s name.
   61         2. The applicant’s address of legal residence, including a
   62  distinguishing apartment, suite, lot, room, or dormitory room
   63  number or other identifier, if appropriate. Failure to include a
   64  distinguishing apartment, suite, lot, room, or dormitory room or
   65  other identifier on a voter registration application does not
   66  impact a voter’s eligibility to register to vote or cast a
   67  ballot, and such an omission may not serve as the basis for a
   68  challenge to a voter’s eligibility or reason to not count a
   69  ballot.
   70         3. The applicant’s date of birth.
   71         4. A mark in the checkbox affirming that the applicant is a
   72  citizen of the United States.
   73         5.a. The applicant’s current and valid Florida driver
   74  license number or the identification number from a Florida
   75  identification card issued under s. 322.051, or
   76         b. If the applicant has not been issued a current and valid
   77  Florida driver license or a Florida identification card, the
   78  last four digits of the applicant’s social security number.
   79  
   80  In case an applicant has not been issued a current and valid
   81  Florida driver license, Florida identification card, or social
   82  security number, the applicant shall affirm this fact in the
   83  manner prescribed in the uniform statewide voter registration
   84  application.
   85         6. A mark in the applicable checkbox affirming that the
   86  applicant has not been convicted of a felony or that, if
   87  convicted, has had his or her civil rights restored through
   88  executive clemency, or has had his or her voting rights restored
   89  pursuant to s. 4, Art. VI of the State Constitution.
   90         7. A mark in the checkbox affirming that the applicant has
   91  not been adjudicated mentally incapacitated with respect to
   92  voting or that, if so adjudicated, has had his or her right to
   93  vote restored.
   94         8. The original signature or a digital signature
   95  transmitted by the Department of Highway Safety and Motor
   96  Vehicles of the applicant swearing or affirming under the
   97  penalty for false swearing pursuant to s. 104.011 that the
   98  information contained in the registration application is true
   99  and subscribing to the oath required by s. 3, Art. VI of the
  100  State Constitution and s. 97.051.
  101         (6) A voter registration application, including an
  102  application with a change in name, address, or party
  103  affiliation, may be accepted as valid only after the department
  104  has verified the authenticity or nonexistence of the driver
  105  license number, the Florida identification card number, or the
  106  last four digits of the social security number provided by the
  107  applicant. If a completed voter registration application has
  108  been received by the book-closing deadline but the driver
  109  license number, the Florida identification card number, or the
  110  last four digits of the social security number provided by the
  111  applicant cannot be verified, the applicant shall be notified
  112  that the number cannot be verified and that the applicant must
  113  provide evidence to the supervisor sufficient to verify the
  114  authenticity of the applicant’s driver license number, Florida
  115  identification card number, or last four digits of the social
  116  security number. If the applicant provides the necessary
  117  evidence, the supervisor shall place the applicant’s name on the
  118  registration rolls as an active voter. If the applicant has not
  119  provided the necessary evidence or the number has not otherwise
  120  been verified prior to the applicant presenting himself or
  121  herself to vote, the applicant shall be provided a provisional
  122  ballot. The provisional ballot shall be counted only if the
  123  number is verified by the end of the canvassing period or if the
  124  applicant presents evidence to the supervisor of elections
  125  sufficient to verify the authenticity of the applicant’s driver
  126  license number, Florida identification card number, or last four
  127  digits of the social security number no later than 5 p.m. of the
  128  second day following the election.
  129         Section 4. Paragraphs (c) and (d) of subsection (1),
  130  paragraph (a) of subsection (3), and subsection (5) of section
  131  97.0575, Florida Statutes, are amended to read:
  132         97.0575 Third-party voter registrations.—
  133         (1) Before engaging in any voter registration activities, a
  134  third-party voter registration organization must register and
  135  provide to the division, in an electronic format, the following
  136  information:
  137         (c) The names, permanent addresses, and temporary
  138  addresses, if any, of each registration agent registering
  139  persons to vote in this state on behalf of the organization.
  140  This paragraph does not apply to persons who only solicit
  141  applications and do not collect or handle voter registration
  142  applications.
  143         (d) A sworn statement from each registration agent employed
  144  by or volunteering for the organization stating that the agent
  145  will obey all state laws and rules regarding the registration of
  146  voters. Such statement must be on a form containing notice of
  147  applicable penalties for false registration.
  148         (3)(a) A third-party voter registration organization that
  149  collects voter registration applications serves as a fiduciary
  150  to the applicant, ensuring that any voter registration
  151  application entrusted to the organization, irrespective of party
  152  affiliation, race, ethnicity, or gender, must shall be promptly
  153  delivered to the division or the supervisor of elections in the
  154  county in which the applicant resides within 14 days after the
  155  applicant completes it, but not after registration closes for
  156  the next ensuing election. A third-party voter registration
  157  organization must notify the applicant at the time the
  158  application is collected that the organization might not deliver
  159  the application to the division or the supervisor of elections
  160  in less than 14 days or before registration closes for the next
  161  ensuing election and must advise the applicant that he or she
  162  may deliver the application in person or by mail. The third
  163  party voter registration organization must also inform the
  164  applicant how to register online with the division and how to
  165  determine whether the application has been delivered 48 hours
  166  after the applicant completes it or the next business day if the
  167  appropriate office is closed for that 48-hour period. If a voter
  168  registration application collected by any third-party voter
  169  registration organization is not promptly delivered to the
  170  division or supervisor of elections, the third-party voter
  171  registration organization is liable for the following fines:
  172         1. A fine in the amount of $50 for each application
  173  received by the division or the supervisor of elections in the
  174  county in which the applicant resides more than 14 days 48 hours
  175  after the applicant delivered the completed voter registration
  176  application to the third-party voter registration organization
  177  or any person, entity, or agent acting on its behalf or the next
  178  business day, if the office is closed. A fine in the amount of
  179  $250 for each application received if the third-party voter
  180  registration organization or person, entity, or agency acting on
  181  its behalf acted willfully.
  182         2. A fine in the amount of $100 for each application
  183  collected by a third-party voter registration organization or
  184  any person, entity, or agent acting on its behalf, before book
  185  closing for any given election for federal or state office and
  186  received by the division or the supervisor of elections in the
  187  county in which the applicant resides after the book-closing
  188  deadline for such election. A fine in the amount of $500 for
  189  each application received if the third-party registration
  190  organization or person, entity, or agency acting on its behalf
  191  acted willfully.
  192         3. A fine in the amount of $500 for each application
  193  collected by a third-party voter registration organization or
  194  any person, entity, or agent acting on its behalf, which is not
  195  submitted to the division or supervisor of elections in the
  196  county in which the applicant resides. A fine in the amount of
  197  $1,000 for any application not submitted if the third-party
  198  voter registration organization or person, entity, or agency
  199  acting on its behalf acted willfully.
  200  
  201  The aggregate fine pursuant to this paragraph which may be
  202  assessed against a third-party voter registration organization,
  203  including affiliate organizations, for violations committed in a
  204  calendar year is $1,000.
  205         (5) The division shall adopt by rule a form to elicit
  206  specific information concerning the facts and circumstances from
  207  a person who claims to have been registered to vote by a third
  208  party voter registration organization but who does not appear as
  209  an active voter on the voter registration rolls. The division
  210  shall also adopt rules to ensure the integrity of the
  211  registration process, including controls to ensure that all
  212  completed forms are promptly delivered to the division or an
  213  appropriate supervisor rules requiring third-party voter
  214  registration organizations to account for all state and federal
  215  registration forms used by their registration agents. Such rules
  216  may require an organization to provide organization and form
  217  specific identification information on each form as determined
  218  by the department as needed to assist in the accounting of state
  219  and federal registration forms.
  220         Section 5. Paragraphs (d), (e), and (f) of subsection (1)
  221  of section 97.0585, Florida Statutes, are amended to read:
  222         97.0585 Public records exemption; information regarding
  223  voters and voter registration; confidentiality.—
  224         (1) The following information held by an agency, as defined
  225  in s. 119.011, and obtained for the purpose of voter
  226  registration is confidential and exempt from s. 119.07(1) and s.
  227  24(a), Art. I of the State Constitution and may be used only for
  228  purposes of voter registration:
  229         (d) Information related to a voter registration applicant’s
  230  or voter’s prior felony conviction and whether such person has
  231  had his or her voting rights restored by the Board of Executive
  232  Clemency or pursuant to s. 4, Art. VI of the State Constitution.
  233         (e) All information concerning preregistered voter
  234  registration applicants who are 16 or 17 years of age.
  235         (e)(f)Paragraph (d) is Paragraphs (d) and (e) are subject
  236  to the Open Government Sunset Review Act in accordance with s.
  237  119.15 and shall stand repealed on October 2, 2024, unless
  238  reviewed and saved from repeal through reenactment by the
  239  Legislature.
  240         Section 6. Paragraph (b) of subsection (1) and subsection
  241  (2) of section 97.1031, Florida Statutes, are amended to read:
  242         97.1031 Notice of change of residence, change of name, or
  243  change of party affiliation.—
  244         (1)
  245         (b) If the address change is within the state and notice is
  246  provided to the supervisor of elections of the county where the
  247  elector has moved, the elector may do so by:
  248         1. Contacting the supervisor of elections via telephone or
  249  electronic means, in which case the elector must provide his or
  250  her date of birth and either his or her Florida driver license
  251  number or the identification number from a Florida
  252  identification card issued under s. 322.051 or the last four
  253  digits of the his or her social security number; or
  254         2. Submitting the change on a voter registration
  255  application or other signed written notice.
  256         (2) When an elector seeks to change party affiliation, the
  257  elector shall notify his or her supervisor of elections or other
  258  voter registration official by submitting a voter registration
  259  application or other using a signed written notice that contains
  260  the elector’s date of birth or voter registration number and
  261  either his or her Florida driver license number or the
  262  identification number from a Florida identification card issued
  263  under s. 322.051 or the last four digits of his or her social
  264  security number. When an elector changes his or her name by
  265  marriage or other legal process, the elector shall notify his or
  266  her supervisor of elections or other voter registration official
  267  by submitting a voter registration application or other using a
  268  signed written notice that contains the elector’s date of birth
  269  or voter’s registration number and either his or her Florida
  270  driver license number or the identification number from a
  271  Florida identification card issued under s. 322.051 or the last
  272  four digits of his or her social security number.
  273  
  274  ================= T I T L E  A M E N D M E N T ================
  275  And the title is amended as follows:
  276         Delete lines 915 - 920
  277  and insert:
  278         registration applications; amending s.