CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 493
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Rules, Ethics & Elections offered the
12 following:
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14 Amendment (with title amendment)
15 Remove everything after the enacting clause
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17 and insert:
18 Section 1. Paragraph (c) of subsection (1) of section
19 97.052, Florida Statutes, is amended to read:
20 97.052 Uniform statewide voter registration
21 application.--
22 (1) The department shall prescribe a uniform statewide
23 voter registration application for use in this state.
24 (c) The uniform statewide voter registration
25 application may not be reproduced by any private individual or
26 group, provided the reproduced application is in the same
27 format as the application prescribed under this section.
28 Section 2. Paragraph (b) of subsection (2) of section
29 97.057, Florida Statutes, is amended to read:
30 97.057 Voter registration by the Department of Highway
31 Safety and Motor Vehicles.--
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. 1 (for drafter's use only)
1 (2) The Department of Highway Safety and Motor
2 Vehicles shall:
3 (b) Require a driver's license examiner to inquire
4 orally, or inquire in writing if the applicant is hearing
5 impaired, and whether the applicant wishes to register to vote
6 or update a voter registration record during the completion of
7 a driver's license or identification card application,
8 renewal, or change of address.
9 1. If the applicant chooses to register to vote or to
10 update a voter registration record:
11 a. All applicable information received by the
12 Department of Highway Safety and Motor Vehicles in the course
13 of filling out the forms necessary under subsection (1) must
14 be transferred to a voter registration application;
15 b. The additional necessary information must be
16 obtained by the driver's license examiner and must not
17 duplicate any information already obtained while completing
18 the forms required under subsection (1); and
19 c. A voter registration application with all of the
20 applicant's voter registration information must be presented
21 to the applicant to sign.
22 2. If the applicant declines to register to vote,
23 update the applicant's voter registration record, or change
24 the applicant's address by either orally declining or by
25 failing to sign the voter registration application, the
26 Department of Highway Safety and Motor Vehicles must keep the
27 declination for 2 years but must forward a copy of the
28 unsigned voter registration application within 5 days after
29 receipt to the appropriate supervisor of elections.
30 Section 3. Subsection (7) of of section 97.058,
31 Florida Statutes, is amended to read:
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. 1 (for drafter's use only)
1 97.058 Voter registration agencies.--
2 (7) A voter registration agency must retain
3 declinations for a period of 2 years, during which time the
4 declinations are not considered a record of the client
5 pursuant to the laws governing the agency's records. However,
6 a voter registration agency must forward a copy of each
7 incompleted voter registration application within 5 days after
8 receipt to the appropriate supervisor of elections.
9 Section 4. Paragraph (j) of subsection (1) of section
10 97.071, Florida Statutes, is amended to read:
11 97.071 Registration identification card.--
12 (1) A registration identification card must be
13 furnished to all voters registering under the permanent single
14 registration system and must contain:
15 (j) Name Signature of supervisor.
16 Section 5. Subsection (1) of section 97.1031, Florida
17 Statutes, is amended to read:
18 97.1031 Notice of change of residence within the same
19 county, change of name, or change of party.--
20 (1) When an elector moves from the address named on
21 that person's voter registration record to another address
22 within the same county, the elector must provide a signed,
23 written notification of such move to the supervisor of
24 elections of that county. The elector may provide the
25 supervisor a signed, written notice or may notify the
26 supervisor by telephone or electronic means. However,
27 notification of such move other than by signed, written notice
28 must include the elector's date of birth. and obtain A
29 registration identification card reflecting the new address of
30 legal residence shall be issued to the elector as provided in
31 subsection (4).
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. 1 (for drafter's use only)
1 Section 6. Subsection (3) of section 98.0977, Florida
2 Statutes, is amended to read:
3 98.0977 Statewide voter registration database;
4 development and maintenance.--
5 (3)(a) In administering the database, each supervisor
6 of elections shall compare registration information provided
7 by a voter with information held by the Department of Law
8 Enforcement, the Board of Executive Clemency, the Office of
9 Vital Statistics, and other relevant sources.
10 (b) The supervisor of elections shall remove from the
11 voter registration rolls the name of any person who is listed
12 in the database as deceased.
13 (c) Information in the database indicating that a
14 person registered to vote in a given county has subsequently
15 registered to vote in another jurisdiction shall be considered
16 as a written request from that voter to have his or her name
17 removed from the voter registration rolls of that county, and
18 the supervisor of elections of that county shall remove that
19 voter's name from the county's voter registration rolls.
20 (d) When If the supervisor of elections finds
21 information through the database that suggests that a voter
22 has been convicted of a felony and has not had his or her
23 civil rights restored or has been adjudicated mentally
24 incompetent and his or her mental capacity with respect to
25 voting has not been restored is ineligible to register to
26 vote, the supervisor of elections shall notify the voter by
27 certified United States mail. The notification shall contain
28 a statement as to the reason for the voter's potential
29 ineligibility to be registered register to vote and shall
30 request information from the voter on forms provided by the
31 supervisor of elections in order to make a final determination
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. 1 (for drafter's use only)
1 on the voter's eligibility. As an alternative, the voter may
2 attend a hearing at a time and place specified in the notice.
3 If there is evidence that the notice was not received, notice
4 must be given once by publication in a newspaper of general
5 circulation in the county. The notice must plainly state that
6 the voter is potentially ineligible to be registered to vote
7 and must state a time and place for the person to appear
8 before the supervisor of elections to show cause why his or
9 her name should not be removed from the voter registration
10 rolls. After reviewing the information requested by the
11 supervisor of elections and provided by the voter, if the
12 supervisor of elections determines that the voter is not
13 eligible to vote under the laws of this state, the supervisor
14 of elections shall notify the voter by certified United States
15 mail that he or she has been found ineligible to be registered
16 register to vote in this state, shall state the reason for the
17 ineligibility, and shall inform the voter that he or she has
18 been will be removed from the voter registration rolls. The
19 supervisor of elections shall remove from the voter
20 registration rolls the name of any voter who fails either to
21 respond within 30 days to the notice sent by certified mail or
22 to attend the hearing.
23 (e) Upon hearing all evidence in a hearing, the
24 supervisor of elections must determine whether there is
25 sufficient evidence to strike the person's name from the
26 registration books. If the supervisor determines that there
27 is sufficient evidence, he or she must strike the name.
28 (f) Appeal may be taken to the circuit court in and
29 for the county where the person was registered. Notice of
30 appeal must be filed within the time and in the manner
31 provided by the Florida Rules of Appellate Procedure and acts
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. 1 (for drafter's use only)
1 as supersedeas. Trial in the circuit court is de novo and
2 governed by the rules of that court. Unless the person can
3 show that his or her name was erroneously or illegally
4 stricken from the registration books or that he or she is
5 indigent, the person must bear the costs of the trial in the
6 circuit court. Otherwise, the cost of the appeal must be paid
7 by the board of county commissioners.
8 Section 7. This act shall take effect upon becoming a
9 law.
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13 And the title is amended as follows:
14 remove everything before the enacting clause
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16 and insert:
17 A bill to be entitled
18 An act relating to voter registration; amending
19 s. 97.052, F.S.; authorizing private
20 individuals and groups to reproduce voter
21 registration applications under certain
22 conditions; amending s. 97.057, F.S.; requiring
23 the Department of Highway Safety and Motor
24 Vehicles to forward copies of unsigned voter
25 registration applications within a specified
26 period to the appropriate supervisors of
27 elections; amending s. 97.058, F.S.; requiring
28 voter registration agencies to forward copies
29 of incompleted voter registration applications
30 within a specified period to the appropriate
31 supervisors of elections; amending s. 97.071,
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. 1 (for drafter's use only)
1 F.S.; requiring voter registration
2 identification cards to have the name, rather
3 than the signature, of the supervisor of
4 elections; amending s. 97.1031, F.S.; revising
5 notice requirements for change of residence
6 within the same county; amending s. 98.0977,
7 F.S.; revising duties of the supervisor of
8 elections relating to maintenance of the voter
9 registration rolls; providing for a hearing, as
10 an alternative to notice, to determine the
11 eligibility of voters convicted of a felony or
12 adjudicated mentally incapacitated with respect
13 to voting; requiring removal of a person's name
14 from the registration books upon a
15 determination of sufficient evidence; providing
16 for appeal and for payment of the costs
17 thereof; providing an effective date.
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