Florida Senate - 2023 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 7050
Ì880856JÎ880856
594-03953-23
Proposed Committee Substitute by the Committee on Fiscal Policy
1 A bill to be entitled
2 An act relating to elections; amending s. 97.012,
3 F.S.; requiring the Secretary of State to provide
4 mandatory formal signature matching training to
5 specified persons; requiring the Department of State
6 to adopt specified rules; amending s. 97.052, F.S.;
7 conforming a provision to changes made by the act;
8 amending s. 97.057, F.S.; conforming a cross
9 reference; amending s. 97.0575, F.S.; requiring that
10 third-party voter registration organizations provide
11 to the Division of Elections the general election
12 cycle for which they are registering persons to vote,
13 beginning on a certain date; requiring that third
14 party voter registration organizations provide to the
15 division certain affirmations; providing that a third
16 party voter registration organization is liable for
17 certain fines in certain circumstances; providing that
18 the registration of such organizations expires at the
19 conclusion of the organizations’ lawful
20 responsibilities following such election cycle,
21 beginning on a certain date; requiring such
22 organizations to provide applicants with a specified
23 receipt; requiring the division to adopt by rule a
24 uniform format for such receipt by a specified date;
25 revising the timeframe within which such organizations
26 must deliver applications to the division or a
27 supervisor of elections; revising the fines for
28 failure to submit applications to the division or the
29 supervisor within the specified timeframe; prohibiting
30 a person collecting applications on behalf of a third
31 party voter registration organization from copying
32 specified information from the application for reasons
33 other than complying with specified requirements;
34 providing criminal penalties; prohibiting
35 organizations from providing prefilled voter
36 registration applications to applicants; providing
37 civil penalties; providing for retroactive
38 application; amending s. 97.071, F.S.; revising the
39 contents of voter information cards; providing
40 construction; providing applicability; amending s.
41 98.065, F.S.; deleting a provision relating to the
42 address to which certain voter registration mail must
43 be addressed; revising requirements applicable to
44 registration list maintenance programs; requiring a
45 supervisor to conduct a certain review of voter
46 registration records at least annually and take
47 certain actions; requiring the department to
48 coordinate with a supervisor of elections for a
49 specified purpose; amending s. 98.0655, F.S.; deleting
50 a provision that requires an address confirmation
51 request to include a certain statement; amending s.
52 98.075, F.S.; deleting the scheduled repeal of a
53 public records exemption for certain voter
54 registration information from another state or the
55 District of Columbia; requiring the supervisor to
56 remove the name of a registered voter from the
57 statewide voter registration system within a specified
58 timeframe if certain conditions exist; requiring the
59 supervisor to coordinate with his or her respective
60 clerk of the court to obtain information of those
61 registered voters convicted of a felony who have not
62 had their voting rights restored; requiring a
63 supervisor to adhere to specified procedures before
64 the removal of a registered voter from the statewide
65 voter registration system; providing construction;
66 requiring the notice that the supervisor must provide
67 to a potentially ineligible voter to include a
68 specified statement; authorizing a supervisor to post
69 a specified notice on the county’s website or the
70 supervisor’s website; requiring the notice to contain
71 specified statements; requiring the supervisor to make
72 a final determination of the voter’s eligibility
73 within a specified timeframe and remove the name of a
74 registered voter within a specified timeframe if the
75 registered voter fails to respond or responds in a
76 certain manner to certain notices; requiring the
77 supervisor to review evidence and make a determination
78 of eligibility within a specified timeframe in certain
79 circumstances; requiring the supervisor to remove an
80 ineligible voter within a specified timeframe and
81 notify the voter that he or she has the right to
82 appeal the determination of ineligibility; requiring
83 the supervisor to schedule and issue notice of a
84 hearing within a specified timeframe after receiving
85 the voter’s hearing request; requiring that the
86 hearing be held within a specified timeframe;
87 authorizing the voter to request an extension;
88 requiring the department to coordinate with the
89 supervisor to ensure that such actions and activities
90 are conducted; conforming provisions to changes made
91 by the act; amending s. 98.077, F.S.; deleting a
92 reference to the department from a provision requiring
93 correspondence to include certain information;
94 requiring a supervisor to publish a specified notice
95 in a newspaper, on the county’s website, or on the
96 supervisor’s website; requiring that signature updates
97 used to verify signatures on ballot certificates or
98 petitions be received by the supervisor before the
99 voter’s ballot is received, his or her provisional
100 ballot is cast, or the petition is submitted for
101 signature verification; requiring the supervisor to
102 use the signature on file at the time the vote-by-mail
103 ballot is received, the provisional ballot is cast, or
104 the petition is reviewed; providing an exception;
105 amending s. 98.093, F.S.; requiring the Department of
106 Health to weekly furnish a specified list to the
107 Department of State; requiring clerks of the circuit
108 court to weekly furnish specified information to the
109 supervisors; requiring the clerks to provide certain
110 information to the department; requiring the
111 Department of Law Enforcement to identify and report
112 specified persons to the Department of State at least
113 weekly; requiring the Florida Commission on Offender
114 Review to furnish data on clemency to the Department
115 of State at least weekly; requiring the Department of
116 Corrections to identify persons convicted of a felony
117 and committed to its custody, and to provide such
118 information to the Department of State, at least
119 weekly; requiring the Department of Highway Safety and
120 Motor Vehicles to weekly furnish specified information
121 to the Department of State; revising construction;
122 making technical changes; amending s. 98.0981, F.S.;
123 requiring supervisors to submit specified reports to
124 the department within a specified timeframe; requiring
125 supervisors to prepare a reconciliation report and
126 submit such report to the department; providing
127 requirements for, and the required format of, the
128 report; revising the requirement that supervisors
129 transmit to the department, in a specified format, the
130 completely updated voting history information for each
131 qualified voter who voted; defining the term “unique
132 precinct identifier”; requiring supervisors to submit
133 a specified geographical information system map to the
134 department; requiring the department to submit an
135 election summary report containing certain information
136 to the Legislature following the certification by the
137 Elections Canvassing Commission of specified
138 elections; deleting certain file specifications;
139 revising the timeframe for a supervisor to collect and
140 submit to the department precinct-level election
141 results after certification by the commission of
142 specified elections; revising the procedures to
143 compile such results; requiring the supervisor to
144 research and address questions or issues identified by
145 the department in such results; requiring the
146 supervisor to provide amended precinct-level election
147 results to the department within a specified
148 timeframe, if certain conditions exist; requiring the
149 department to publish such results online within a
150 specified timeframe; specifying requirements for the
151 website; requiring certain files to be created in
152 accordance with, and providing requirements for, a
153 certain rule; providing a definition; providing the
154 timeframe within which the department must compile and
155 make available certain precinct-level statistical
156 data; requiring the department to adopt specified
157 rules; amending s. 99.021, F.S.; revising the form of
158 the candidate oath to require that candidates
159 acknowledge certain outstanding fines, fees, or
160 penalties relating to ethics or campaign finance
161 violations; creating s. 99.0215, F.S.; requiring a
162 candidate to designate in the candidate’s oath the
163 name he or she wishes to have printed on the ballot,
164 subject to specified conditions; requiring a candidate
165 to file a specified affidavit simultaneously with the
166 oath if the candidate wishes to use a nickname, which
167 is subject to certain conditions; defining the term
168 “political slogan”; prohibiting the use of a
169 professional title or degree except in specified
170 circumstances; amending s. 99.097, F.S.; requiring the
171 person or organization that submits signatures for a
172 local or statewide issue to pay the supervisor in
173 advance for checking the signatures; making technical
174 changes; amending s. 100.021, F.S.; providing
175 alternative methods for providing notice of a general
176 election; amending s. 100.141, F.S.; revising the
177 methods by which a supervisor may publish notice of a
178 special election; amending s. 100.342, F.S.;
179 specifying that the notice for a special election or
180 referendum may be published on the county’s website,
181 the municipality’s website, or the supervisor’s
182 website, as applicable; amending s. 101.001, F.S.;
183 revising requirements for specified maps maintained by
184 supervisors of elections; authorizing supervisors of
185 elections to coordinate with other governmental
186 entities for a certain purpose; deleting a provision
187 requiring supervisors to provide the department
188 certain data on precincts in the county; deleting a
189 provision requiring the department to maintain a
190 certain database; requiring supervisors of elections
191 to include changes in the name of a precinct in a
192 certain document; amending s. 101.048, F.S.; providing
193 that specified persons are entitled to vote a
194 provisional ballot; amending s. 101.151, F.S.;
195 requiring the word “incumbent” to appear next to a
196 candidate’s name on an election ballot under specified
197 conditions; amending s. 101.5612, F.S.; revising the
198 methods by which certain notice may be provided;
199 amending s. 101.6103, F.S.; conforming a cross
200 reference; making technical changes; amending s.
201 101.62, F.S.; specifying that a supervisor must accept
202 requests for vote-by-mail ballots only from specified
203 persons; providing that a request may be made through
204 a supervisor’s website; requiring the department to
205 adopt by rule a uniform statewide application for a
206 written request for a vote-by-mail ballot by a
207 specified date; requiring a supervisor to cancel a
208 request for a vote-by-mail ballot if certain mail sent
209 by the supervisor to the voter is returned to the
210 supervisor as undeliverable; requiring a voter who
211 subsequently requests a vote-by-mail ballot to provide
212 or confirm his or her current residential address;
213 requiring the supervisor to add certain information to
214 the voter’s registration record if such information is
215 provided in the vote-by-mail request; revising the
216 definition of the term “immediate family”; deleting a
217 provision requiring vote-by-mail ballot requests to be
218 received by a specified time before the supervisor
219 mails a vote-by-mail ballot; revising the day after
220 which a supervisor may not mail a vote-by-mail ballot;
221 providing the deadline for submitting a vote-by-mail
222 ballot request; revising the means by which and the
223 period during which a supervisor shall provide a vote
224 by-mail ballot to a voter; prohibiting a supervisor
225 from personally delivering a vote-by-mail ballot to
226 certain voters or delivering a vote-by-mail ballot to
227 certain voters’ designees during a certain period
228 unless certain conditions exist; making technical
229 changes; amending s. 101.67, F.S.; requiring the
230 supervisor to segregate and treat certain ballots as
231 provisional; amending s. 101.68, F.S.; prohibiting
232 vote-by-mail ballots from being counted if two or more
233 ballots arrive in one mailing envelope; making
234 technical changes; amending s. 101.6923, F.S.;
235 requiring that a specified statement be included in a
236 vote-by-mail ballot provided to certain voters; making
237 technical changes; amending s. 101.6925, F.S.;
238 revising the deadline for a voter to make specified
239 information available to the supervisor before a vote
240 by-mail ballot may be canvassed; amending s. 101.694,
241 F.S.; conforming a cross-reference; amending ss.
242 101.71 and 101.733, F.S.; revising the methods by
243 which certain notice may be provided; amending s.
244 102.111, F.S.; revising the time at which the
245 Elections Canvassing Commission shall meet to certify
246 returns; amending s. 102.112, F.S.; revising the
247 timeframe in which county returns must be filed with
248 the department; amending s. 102.141, F.S.; requiring a
249 certain number of alternate canvassing board members;
250 revising the methods by which certain notice may be
251 provided; requiring the supervisor to file a report
252 with the Division of Elections within a specified
253 timeframe; revising the requirements for the report;
254 requiring the division to review the report and offer
255 specified training to supervisors based on the report;
256 requiring the department to submit an analysis of
257 specified reports to the Governor and the Legislature
258 by a specified date; amending s. 103.021, F.S.;
259 revising the timeframe within which a political party
260 executive committee must submit its presidential
261 electors to the Governor for nomination; requiring the
262 state executive committee of each party to submit
263 specified information; requiring that electors be
264 qualified registered voters and members of the
265 political party for which they are named as electors;
266 specifying that a required oath be made in writing;
267 revising the timeframe within which the Governor must
268 certify the electors to the department; revising the
269 timeframe within which a minor political party must
270 submit its list of presidential electors to the
271 department; requiring presidential electors to file
272 with the Governor a certain written oath; providing
273 that certain acts constitute a resignation of the
274 position of presidential elector; amending s. 103.022,
275 F.S.; requiring certain write-in candidates to submit
276 specified information; amending s. 103.091, F.S.;
277 authorizing a qualifying office to accept and hold
278 qualifying papers for candidates for political party
279 offices within a specified timeframe before the
280 qualifying period; amending s. 104.16, F.S.; providing
281 applicability; amending s. 104.18, F.S.; providing
282 that a prosecution for voting more than one ballot may
283 proceed in any jurisdiction in which a ballot was
284 willfully cast; providing that it is not necessary to
285 prove which ballot was cast first; defining the term
286 “votes more than one ballot at any election”; amending
287 s. 104.42, F.S.; authorizing a supervisor to report
288 certain findings to the Office of Election Crimes and
289 Security rather than the Florida Elections Commission;
290 amending s. 105.031, F.S.; revising the form of the
291 candidate’s oath to require that candidates for
292 judicial office acknowledge certain outstanding fines,
293 fees, or penalties relating to ethics or campaign
294 finance violations; amending s. 106.07, F.S.; revising
295 reporting intervals for candidates and political
296 committees from monthly to quarterly; preempting local
297 governments from establishing reporting schedules that
298 differ from certain requirements; conforming a cross
299 reference; amending s. 106.0702, F.S.; conforming a
300 cross-reference; amending s. 106.0703, F.S.; revising
301 reporting intervals for electioneering communications
302 organizations from monthly to quarterly; conforming a
303 cross-reference; amending s. 106.08, F.S.; adding text
304 messages to the items that do not constitute
305 contributions to be counted toward certain
306 contribution limits; creating s. 106.1436, F.S.;
307 defining the term “voter guide”; prohibiting a person
308 from representing that a voter guide is an official
309 publication of a political party; providing an
310 exception; providing disclosure requirements for such
311 voter guides; providing criminal penalties and fines;
312 amending s. 106.265, F.S.; increasing the maximum
313 civil fines that may be imposed for specified
314 violations; providing that fines assessed against a
315 political committee also attach jointly and severally
316 to persons with control over the political committee;
317 providing construction; amending s. 322.142, F.S.;
318 authorizing the Department of Highway Safety and Motor
319 Vehicles to provide certain reproductions to a
320 supervisor of elections; providing an effective date.
321
322 Be It Enacted by the Legislature of the State of Florida:
323
324 Section 1. Subsection (17) of section 97.012, Florida
325 Statutes, is amended to read:
326 97.012 Secretary of State as chief election officer.—The
327 Secretary of State is the chief election officer of the state,
328 and it is his or her responsibility to:
329 (17) Provide mandatory formal signature matching training
330 to supervisors of elections and county canvassing board members.
331 Any person whose duties require verification of signatures must
332 undergo signature matching training. The department shall adopt
333 rules governing signature matching procedures and training.
334 Section 2. Paragraph (g) of subsection (3) of section
335 97.052, Florida Statutes, is amended to read:
336 97.052 Uniform statewide voter registration application.—
337 (3) The uniform statewide voter registration application
338 must also contain:
339 (g) A statement informing the applicant that if the
340 application is being collected by a third-party voter
341 registration organization, the organization might not deliver
342 the application to the division or the supervisor in the county
343 in which the applicant resides in less than 10 14 days or before
344 registration closes for the next ensuing election, and that the
345 applicant may instead elect to deliver the application in person
346 or by mail or choose to register online. The statement must
347 further inform the applicant how to determine whether the
348 application has been delivered.
349 Section 3. Subsection (13) of section 97.057, Florida
350 Statutes, is amended to read:
351 97.057 Voter registration by the Department of Highway
352 Safety and Motor Vehicles.—
353 (13) The Department of Highway Safety and Motor Vehicles
354 must assist the Department of State in regularly identifying
355 changes in residence address on the driver license or
356 identification card of a voter. The Department of State must
357 report each such change to the appropriate supervisor of
358 elections who must change the voter’s registration records in
359 accordance with s. 98.065(4) s. 98.065(5).
360 Section 4. Section 97.0575, Florida Statutes, is amended to
361 read:
362 97.0575 Third-party voter registration organizations
363 registrations.—
364 (1) Before engaging in any voter registration activities, a
365 third-party voter registration organization must register and
366 provide to the division, in an electronic format, the following
367 information:
368 (a) The names of the officers of the organization and the
369 name and permanent address of the organization.
370 (b) The name and address of the organization’s registered
371 agent in the state.
372 (c) The names, permanent addresses, and temporary
373 addresses, if any, of each registration agent registering
374 persons to vote in this state on behalf of the organization.
375 This paragraph does not apply to persons who only solicit
376 applications and do not collect or handle voter registration
377 applications.
378 (d) Beginning January 1, 2025, the specific general
379 election cycle for which the third-party voter registration
380 organization is registering persons to vote.
381 (e) An affirmation that each person collecting or handling
382 voter registration applications on behalf of the third-party
383 voter registration organization has not been convicted of a
384 felony violation of the Election Code, a felony violation of an
385 offense specified in s. 817.5685, or an offense specified in s.
386 817.568. A third-party voter registration organization is liable
387 for a fine in the amount of $50,000 for each person convicted of
388 a felony violation of the Election Code, a felony violation of
389 an offense specified in s. 817.5685, or an offense specified in
390 s. 817.568 who is collecting or handling voter registration
391 applications on behalf of the third-party voter registration
392 organization.
393 (f) An affirmation that each person collecting or handling
394 voter registration applications on behalf of the third-party
395 voter registration organization is a citizen of the United
396 States of America. A third-party voter registration organization
397 is liable for a fine in the amount of $50,000 for each person
398 who is not a citizen and is collecting or handling voter
399 registration applications on behalf of the third-party voter
400 registration organization.
401 (2) Beginning January 1, 2025, the registration of a third
402 party voter registration organization automatically expires at
403 the conclusion of the specific general election cycle for which
404 the third-party voter registration organization is registered.
405 (3)(2) The division or the supervisor of elections shall
406 make voter registration forms available to third-party voter
407 registration organizations. All such forms must contain
408 information identifying the organization to which the forms are
409 provided. The division shall maintain a database of all third
410 party voter registration organizations and the voter
411 registration forms assigned to the third-party voter
412 registration organization. Each supervisor of elections shall
413 provide to the division information on voter registration forms
414 assigned to and received from third-party voter registration
415 organizations. The information must be provided in a format and
416 at times as required by the division by rule. The division shall
417 must update information on third-party voter registrations daily
418 and make the information publicly available.
419 (4) A third-party voter registration organization that
420 collects voter registration applications shall provide a receipt
421 to an applicant upon accepting possession of his or her
422 application. The division shall adopt by rule a uniform format
423 for the receipt by October 1, 2023. The format must include, but
424 need not be limited to, the name of the applicant, the date the
425 application is received, the name of the third-party voter
426 registration organization, the name of the registration agent,
427 the applicant’s political party affiliation, and the county in
428 which the applicant resides.
429 (5)(a)(3)(a) A third-party voter registration organization
430 that collects voter registration applications serves as a
431 fiduciary to the applicant and shall ensure, ensuring that any
432 voter registration application entrusted to the organization,
433 irrespective of party affiliation, race, ethnicity, or gender,
434 is must be promptly delivered to the division or the supervisor
435 of elections in the county in which the applicant resides within
436 10 14 days after the application is was completed by the
437 applicant, but not after registration closes for the next
438 ensuing election. If a voter registration application collected
439 by any third-party voter registration organization is not
440 promptly delivered to the division or supervisor of elections in
441 the county in which the applicant resides, the third-party voter
442 registration organization is liable for the following fines:
443 1. A fine in the amount of $50 per each day late, up to
444 $2,500, for each application received by the division or the
445 supervisor of elections in the county in which the applicant
446 resides more than 10 14 days after the applicant delivered the
447 completed voter registration application to the third-party
448 voter registration organization or any person, entity, or agent
449 acting on its behalf. A fine in the amount of $2,500 $250 for
450 each application received if the third-party voter registration
451 organization or person, entity, or agency acting on its behalf
452 acted willfully.
453 2. A fine in the amount of $100 per each day late, up to
454 $5,000, for each application collected by a third-party voter
455 registration organization or any person, entity, or agent acting
456 on its behalf, before book closing for any given election for
457 federal or state office and received by the division or the
458 supervisor of elections in the county in which the applicant
459 resides after the book-closing deadline for such election. A
460 fine in the amount of $5,000 $500 for each application received
461 if the third-party voter registration organization or any
462 person, entity, or agency acting on its behalf acted willfully.
463 3. A fine in the amount of $500 for each application
464 collected by a third-party voter registration organization or
465 any person, entity, or agent acting on its behalf, which is not
466 submitted to the division or supervisor of elections in the
467 county in which the applicant resides. A fine in the amount of
468 $5,000 $1,000 for any application not submitted if the third
469 party voter registration organization or person, entity, or
470 agency acting on its behalf acted willfully.
471
472 The aggregate fine which may be assessed pursuant to this
473 paragraph which may be assessed against a third-party voter
474 registration organization, including affiliate organizations,
475 for violations committed in a calendar year is $250,000 $50,000.
476 (b) A showing by the third-party voter registration
477 organization that the failure to deliver the voter registration
478 application within the required timeframe is based upon force
479 majeure or impossibility of performance shall be an affirmative
480 defense to a violation of this subsection. The secretary may
481 waive the fines described in this subsection upon a showing that
482 the failure to deliver the voter registration application
483 promptly is based upon force majeure or impossibility of
484 performance.
485 (6)(4) If a person collecting voter registration
486 applications on behalf of a third-party voter registration
487 organization alters the voter registration application of any
488 other person, without the other person’s knowledge and consent,
489 in violation of s. 104.012(4) and is subsequently convicted of
490 such offense, the applicable third-party voter registration
491 organization is liable for a fine in the amount of $5,000 $1,000
492 for each application altered.
493 (7) If a person collecting voter registration applications
494 on behalf of a third-party voter registration organization
495 copies a voter’s application or retains a voter’s personal
496 information, such as the voter’s Florida driver license number,
497 Florida identification card number, social security number, or
498 signature, for any reason other than to provide such application
499 or information to the third-party voter registration
500 organization in compliance with this section, the person commits
501 a felony of the third degree, punishable as provided in s.
502 775.082, s. 775.083, or s. 775.084.
503 (8)(5) If the Secretary of State reasonably believes that a
504 person has committed a violation of this section, the secretary
505 may refer the matter to the Attorney General for enforcement.
506 The Attorney General may institute a civil action for a
507 violation of this section or to prevent a violation of this
508 section. An action for relief may include a permanent or
509 temporary injunction, a restraining order, or any other
510 appropriate order.
511 (9)(6) The division shall adopt by rule a form to elicit
512 specific information concerning the facts and circumstances from
513 a person who claims to have been registered to vote by a third
514 party voter registration organization but who does not appear as
515 an active voter on the voter registration rolls. The division
516 shall also adopt rules to ensure the integrity of the
517 registration process, including controls to ensure that all
518 completed forms are promptly delivered to the division or a
519 supervisor in the county in which the applicant resides.
520 (10)(7) The date on which an applicant signs a voter
521 registration application is presumed to be the date on which the
522 third-party voter registration organization received or
523 collected the voter registration application.
524 (11) A third-party voter registration organization may not
525 mail or otherwise provide a voter registration application upon
526 which any information about an applicant has been filled in
527 before it is provided to the applicant. A third-party voter
528 registration organization that violates this section is liable
529 for a fine in the amount of $50 for each such application.
530 (12)(8) The requirements of this section are retroactive
531 for any third-party voter registration organization registered
532 with the department as of July 1, 2023 on the effective date of
533 this act, and must be complied with within 90 days after the
534 department provides notice to the third-party voter registration
535 organization of the requirements contained in this section.
536 Failure of the third-party voter registration organization to
537 comply with the requirements within 90 days after receipt of the
538 notice shall automatically result in the cancellation of the
539 third-party voter registration organization’s registration.
540 Section 5. Subsections (1) and (3) of section 97.071,
541 Florida Statutes, are amended to read:
542 97.071 Voter information card.—
543 (1) A voter information card must shall be furnished by the
544 supervisor to all registered voters residing in the supervisor’s
545 county. The card must contain:
546 (a) Voter’s registration number.
547 (b) Date of registration.
548 (c) Full name.
549 (d) Party affiliation.
550 (e) Date of birth.
551 (f) Address of legal residence.
552 (g) Precinct number.
553 (h) Polling place address and a link to the supervisor’s
554 website to provide the most current polling place locations.
555 (i) Name of supervisor and contact information of
556 supervisor.
557 (j) The following statement: “This card is for information
558 purposes only. This card is proof of registration but is not
559 legal verification of eligibility to vote. It is the
560 responsibility of a voter to keep his or her eligibility status
561 current.”
562 (k)(j) Other information deemed necessary by the
563 supervisor.
564 (3) In the case of a change of name, address of legal
565 residence, polling place address, or party affiliation, the
566 supervisor shall issue the voter a new voter information card. A
567 temporary change made to a polling location pursuant to ss.
568 101.71 and 101.74 does not require the issuance of a new voter
569 information card.
570 Section 6. The amendments made to s. 97.071, Florida
571 Statutes, by this act, only apply to new and replacement voter
572 information cards issued on or after July 1, 2023.
573 Section 7. Present subsections (4), (5), and (6) of section
574 98.065, Florida Statutes, are redesignated as subsections (3),
575 (4), and (5), respectively, present subsections (3) and (4),
576 paragraph (c) of present subsection (5), and subsection (7) are
577 amended, and a new subsection (6) is added to that section, to
578 read:
579 98.065 Registration list maintenance programs.—
580 (3) Address confirmation requests sent pursuant to
581 paragraph (2)(a) and mail sent pursuant to paragraph (b) must be
582 addressed to the voter’s address of legal residence, not
583 including voters temporarily residing outside the county and
584 registered in the precinct designated by the supervisor pursuant
585 to s. 101.045(1). If a request is returned as undeliverable, any
586 other notification sent to the voter pursuant to subsection (5)
587 or s. 98.0655 must be addressed to the voter’s mailing address
588 on file, if any.
589 (3)(4) A registration list maintenance program must be
590 conducted by each supervisor, at a minimum, once each year,
591 beginning no later than April 1, and must be completed at least
592 not later than 90 days before the date of any federal election.
593 All list maintenance actions associated with each voter must be
594 entered, tracked, recorded, and maintained in the statewide
595 voter registration system.
596 (4)(5)
597 (c) If an address confirmation request required by
598 paragraph (2)(a) is returned as undeliverable without indication
599 of an address change, or there is no response from the voter
600 within 30 days, or if any other nonforwardable return-if
601 undeliverable mail is returned as undeliverable with no
602 indication of an address change, the supervisor must shall send
603 an address confirmation final notice to all addresses on file
604 for the voter.
605 (6) The supervisor shall, at a minimum, conduct an annual
606 review of voter registration records to identify registration
607 records in which a voter is registered at an address that may
608 not be an address of legal residence for the voter. For those
609 registration records with such addresses that the supervisor has
610 reasonable belief are not legal residential addresses, the
611 supervisor shall initiate list maintenance activities pursuant
612 to s. 98.075(6) and (7).
613 (7)(a) No later than July 31 and January 31 of each year,
614 the supervisor must certify to the department the address list
615 maintenance activities conducted during the first 6 months and
616 the second 6 months of the year, respectively, including the
617 number of address confirmation requests sent, the number of
618 voters designated as inactive, and the number of voters removed
619 from the statewide voter registration system.
620 (b) If, based on the certification provided pursuant to
621 paragraph (a), the department determines that a supervisor has
622 not conducted the list maintenance activities required by this
623 section, the department must coordinate with the supervisor to
624 ensure that shall conduct the appropriate list maintenance
625 activities for that county are conducted. Failure to conduct
626 list maintenance activities as required in this section
627 constitutes a violation of s. 104.051.
628 Section 8. Paragraph (c) of subsection (1) of section
629 98.0655, Florida Statutes, is amended to read:
630 98.0655 Registration list maintenance forms.—The department
631 shall prescribe registration list maintenance forms to be used
632 by the supervisors which must include:
633 (1) An address confirmation request that must contain:
634 (c) If the address confirmation request is required by s.
635 98.065(2)(a), a statement that if the voter has not changed his
636 or her legal residence or has changed his or her legal residence
637 within the state, the voter should return the form within 30
638 days after the date on which the notice was sent to the voter;
639 and
640 Section 9. Paragraph (c) of subsection (2) and subsections
641 (3) through (8) of section 98.075, Florida Statutes, are amended
642 to read:
643 98.075 Registration records maintenance activities;
644 ineligibility determinations.—
645 (2) DUPLICATE REGISTRATION.—
646 (c) Information received by the department from another
647 state or the District of Columbia upon the department becoming a
648 member of a nongovernmental entity as provided in subparagraph
649 (b)1., which is confidential or exempt pursuant to the laws of
650 that state or the District of Columbia, is exempt from s.
651 119.07(1) and s. 24(a), Art. I of the State Constitution. The
652 department shall provide such information to the supervisors to
653 conduct registration list maintenance activities. This paragraph
654 is subject to the Open Government Sunset Review Act in
655 accordance with s. 119.15 and shall stand repealed on October 2,
656 2023, unless reviewed and saved from repeal through reenactment
657 by the Legislature.
658 (3) DECEASED PERSONS.—
659 (a)1. The department shall identify those registered voters
660 who are deceased by comparing information received from:
661 a. The Department of Health as provided in s. 98.093;
662 b. The United States Social Security Administration,
663 including, but not limited to, any master death file or index
664 compiled by the United States Social Security Administration; or
665 and
666 c. The Department of Highway Safety and Motor Vehicles.
667 2. Within 7 days after receipt of such information through
668 the statewide voter registration system, the supervisor shall
669 remove the name of the registered voter.
670 (b) The supervisor shall remove the name of a deceased
671 registered voter from the statewide voter registration system
672 within 7 days after receipt of:
673 1. upon receipt of A copy of a death certificate issued by
674 a governmental agency authorized to issue death certificates;
675 or.
676 2. Information on the death of the registered voter
677 received from the Department of Highway Safety and Motor
678 Vehicles.
679 (4) ADJUDICATION OF MENTAL INCAPACITY.—The department shall
680 identify those registered voters who have been adjudicated
681 mentally incapacitated with respect to voting and who have not
682 had their voting rights restored by comparing information
683 received from the clerk of the circuit court as provided in s.
684 98.093. The department shall review such information and make an
685 initial determination as to whether the information is credible
686 and reliable. If the department determines that the information
687 is credible and reliable, the department must shall notify the
688 supervisor and provide a copy of the supporting documentation
689 indicating the potential ineligibility of the voter to be
690 registered. Upon receipt of the notice that the department has
691 made a determination of initial credibility and reliability, the
692 supervisor shall adhere to the procedures set forth in
693 subsection (7) before prior to the removal of a registered voter
694 from the statewide voter registration system.
695 (5) FELONY CONVICTION.—
696 (a) The department shall identify those registered voters
697 who have been convicted of a felony and whose voting rights have
698 not been restored by comparing information received from, but
699 not limited to, a clerk of the circuit court, the Board of
700 Executive Clemency, the Department of Corrections, the
701 Department of Law Enforcement, or a United States Attorney’s
702 Office, as provided in s. 98.093. The department shall review
703 such information and make an initial determination as to whether
704 the information is credible and reliable. If the department
705 determines that the information is credible and reliable, the
706 department must shall notify the supervisor and provide a copy
707 of the supporting documentation indicating the potential
708 ineligibility of the voter to be registered. Upon receipt of the
709 notice that the department has made a determination of initial
710 credibility and reliability, the supervisor shall adhere to the
711 procedures set forth in subsection (7) before prior to the
712 removal of a registered voter’s name from the statewide voter
713 registration system.
714 (b) The supervisors shall coordinate with their respective
715 clerks of the court to obtain information pursuant to s. 98.093
716 to identify registered voters within their respective
717 jurisdictions who have been convicted of a felony during the
718 preceding week and whose voting rights have not been restored.
719 The supervisor shall adhere to the procedures set forth in
720 subsection (7) before the removal of a registered voter’s name
721 from the statewide voter registration system. For purposes of
722 this paragraph, a supervisor’s duties under subsection (7) begin
723 upon his or her determination that the information received from
724 the clerk is credible and reliable.
725 (6) OTHER BASES FOR INELIGIBILITY.—Subsections (2)-(5) do
726 not limit or restrict the department or the supervisor in his or
727 her duty to act upon direct receipt of, access to, or knowledge
728 of information from any governmental entity that identifies a
729 registered voter as potentially ineligible. If the department or
730 supervisor receives information from any governmental entity
731 sources other than those identified in subsections (2)-(5) that
732 a registered voter is ineligible because the voter he or she is
733 deceased, adjudicated a convicted felon without having had his
734 or her voting rights restored, adjudicated mentally
735 incapacitated without having had his or her voting rights
736 restored, does not meet the age requirement pursuant to s.
737 97.041, is not a United States citizen, is a fictitious person,
738 or has listed an address a residence that is not his or her
739 address of legal residence, the supervisor must adhere to the
740 procedures set forth in subsection (7) before prior to the
741 removal of the name of a registered voter who is determined to
742 be ineligible a registered voter’s name from the statewide voter
743 registration system.
744 (7) PROCEDURES FOR REMOVAL.—
745 (a) If the supervisor receives notice or information
746 pursuant to subsections (4)-(6), the supervisor of the county in
747 which the voter is registered must shall:
748 1. Notify the registered voter of his or her potential
749 ineligibility by mail within 7 days after receipt of notice or
750 information. The notice must shall include:
751 a. A statement of the basis for the registered voter’s
752 potential ineligibility and a copy of any documentation upon
753 which the potential ineligibility is based. Such documentation
754 must include any conviction from another jurisdiction determined
755 to be a similar offense to murder or a felony sexual offense, as
756 those terms are defined in s. 98.0751.
757 b. A statement that failure to respond within 30 days after
758 receipt of the notice may result in a determination of
759 ineligibility and in removal of the registered voter’s name from
760 the statewide voter registration system.
761 c. A return form that requires the registered voter to
762 admit or deny the accuracy of the information underlying the
763 potential ineligibility for purposes of a final determination by
764 the supervisor.
765 d. A statement that, if the voter is denying the accuracy
766 of the information underlying the potential ineligibility, the
767 voter has a right to request a hearing for the purpose of
768 determining eligibility.
769 e. Instructions for the registered voter to contact the
770 supervisor of elections of the county in which the voter is
771 registered if assistance is needed in resolving the matter.
772 f. Instructions for seeking restoration of civil rights
773 pursuant to s. 8, Art. IV of the State Constitution and
774 information explaining voting rights restoration pursuant to s.
775 4, Art. VI of the State Constitution following a felony
776 conviction, if applicable.
777 g. The following statement: “If you attempt to vote at an
778 early voting site or your normal election day polling place, you
779 will be required to vote a provisional ballot. If you vote by
780 mail, your ballot may not be accepted until a final
781 determination of eligibility is made.”
782 2. If the mailed notice is returned as undeliverable, the
783 supervisor must, within 14 days after receiving the returned
784 notice, either publish shall publish notice once in a newspaper
785 of general circulation in the county in which the voter was last
786 registered or publish notice on the county’s website as provided
787 in s. 50.0311 or on the supervisor’s website, as deemed
788 appropriate by the supervisor. The notice must shall contain the
789 following:
790 a. The voter’s name and address.
791 b. A statement that the voter is potentially ineligible to
792 be registered to vote.
793 c. A statement that failure to respond within 30 days after
794 the notice is published may result in a determination of
795 ineligibility by the supervisor and removal of the registered
796 voter’s name from the statewide voter registration system.
797 d. An instruction for the voter to contact the supervisor
798 no later than 30 days after the date of the published notice to
799 receive information regarding the basis for the potential
800 ineligibility and the procedure to resolve the matter.
801 e. An instruction to the voter that, if further assistance
802 is needed, the voter should contact the supervisor of elections
803 of the county in which the voter is registered.
804 f. A statement that, if the voter denies the accuracy of
805 the information underlying the potential ineligibility, the
806 voter has a right to request a hearing for the purpose of
807 determining eligibility.
808 g. The following statement: “If you attempt to vote at an
809 early voting site or your normal election day polling place, you
810 will be required to vote a provisional ballot. If you vote by
811 mail, your ballot may not be accepted until a final
812 determination of eligibility is made.”
813 3. If a registered voter fails to respond to a notice
814 pursuant to subparagraph 1. or subparagraph 2., the supervisor
815 must shall make a final determination of the voter’s eligibility
816 within 7 days after expiration of the voter’s timeframe to
817 respond. If the supervisor determines that the voter is
818 ineligible, the supervisor must shall remove the name of the
819 registered voter from the statewide voter registration system
820 within 7 days. The supervisor shall notify the registered voter
821 of the supervisor’s determination and action.
822 4. If a registered voter responds to the notice pursuant to
823 subparagraph 1. or subparagraph 2. and admits the accuracy of
824 the information underlying the potential ineligibility, the
825 supervisor must, as soon as practicable, shall make a final
826 determination of ineligibility and shall remove the voter’s name
827 from the statewide voter registration system. The supervisor
828 shall notify the registered voter of the supervisor’s
829 determination and action.
830 5. If a registered voter responds to the notice issued
831 pursuant to subparagraph 1. or subparagraph 2. and denies the
832 accuracy of the information underlying the potential
833 ineligibility but does not request a hearing, the supervisor
834 must shall review the evidence and make a final determination of
835 eligibility no later than 30 days after receiving the response
836 from the voter. If the supervisor determines that the registered
837 voter is ineligible, the supervisor must remove the voter’s name
838 from the statewide voter registration system upon such
839 determination and notify the registered voter of the
840 supervisor’s determination and action and that the removed voter
841 has a right to appeal a determination of ineligibility pursuant
842 to s. 98.0755. If such registered voter requests a hearing, the
843 supervisor must shall send notice to the registered voter to
844 attend a hearing at a time and place specified in the notice.
845 The supervisor shall schedule and issue notice for the hearing
846 within 7 days after receiving the voter’s request for a hearing
847 and shall hold the hearing no later than 30 days after issuing
848 the notice of the hearing. A voter may request an extension upon
849 showing good cause by submitting an affidavit to the supervisor
850 as to why he or she is unable to attend the scheduled hearing.
851 Upon hearing all evidence presented at the hearing, the
852 supervisor shall make a determination of eligibility within 7
853 days. If the supervisor determines that the registered voter is
854 ineligible, the supervisor must shall remove the voter’s name
855 from the statewide voter registration system and notify the
856 registered voter of the supervisor’s determination and action
857 and that the removed voter has a right to appeal a determination
858 of ineligibility pursuant to s. 98.0755.
859 (b) The following shall apply to this subsection:
860 1. All determinations of eligibility must shall be based on
861 a preponderance of the evidence.
862 2. All proceedings are exempt from the provisions of
863 chapter 120.
864 3. Any notice must shall be sent to the registered voter by
865 certified mail, return receipt requested, or other means that
866 provides a verification of receipt or must shall be published in
867 a newspaper of general circulation where the voter was last
868 registered, on the county’s website as provided in s. 50.0311,
869 or on the supervisor’s website, whichever is applicable.
870 4. The supervisor shall remove the name of any registered
871 voter from the statewide voter registration system only after
872 the supervisor makes a final determination that the voter is
873 ineligible to vote.
874 5. Any voter whose name has been removed from the statewide
875 voter registration system pursuant to a determination of
876 ineligibility may appeal that determination under the provisions
877 of s. 98.0755.
878 6. Any voter whose name was removed from the statewide
879 voter registration system on the basis of a determination of
880 ineligibility who subsequently becomes eligible to vote must
881 reregister in order to have his or her name restored to the
882 statewide voter registration system.
883 (8) CERTIFICATION.—
884 (a) No later than July 31 and January 31 of each year, the
885 supervisor shall certify to the department that the supervisor
886 has the activities conducted the activities required pursuant to
887 this section during the first 6 months and the second 6 months
888 of the year, respectively. The certification must shall include
889 the number of persons to whom notices were sent pursuant to
890 subsection (7), the number of persons who responded to the
891 notices, the number of notices returned as undeliverable, the
892 number of notices published in the newspaper, on the county’s
893 website, or on the supervisor’s website, the number of hearings
894 conducted, and the number of persons removed from the statewide
895 voter registration system systems and the reasons for such
896 removals.
897 (b) If, based on the certification provided pursuant to
898 paragraph (a), the department determines that a supervisor has
899 not satisfied the requirements of this section, the department
900 must coordinate with the supervisor to ensure that shall satisfy
901 the appropriate list maintenance activities requirements for
902 that county are conducted. Failure to satisfy the requirements
903 of this section constitutes shall constitute a violation of s.
904 104.051.
905 Section 10. Subsections (2), (3), and (4) of section
906 98.077, Florida Statutes, are amended to read:
907 98.077 Update of voter signature.—
908 (2) The department and supervisors of elections shall
909 include in any correspondence, other than postcard notifications
910 and notices relating to eligibility, sent to a registered voter
911 information regarding when, where, and how to update the voter’s
912 signature and shall provide the voter information on how to
913 obtain a voter registration application from a voter
914 registration official which can be returned to update the
915 signature.
916 (3) At least once during each general election year before
917 the presidential preference primary or the primary election,
918 whichever occurs first, the supervisor shall publish in a
919 newspaper of general circulation or other newspaper in the
920 county, on the county’s website as provided in s. 50.0311, or on
921 the supervisor’s website, as deemed appropriate by the
922 supervisor, a notice specifying when, where, or how a voter can
923 update his or her signature that is on file and how a voter can
924 obtain a voter registration application from a voter
925 registration official.
926 (4) Except as authorized in ss. 101.048 and 101.68:
927 (a) All signature updates for use in verifying vote-by-mail
928 voter certificates, and provisional ballot voter certificates,
929 or petitions ballots must be received by the appropriate
930 supervisor before the voter’s elector’s ballot is received by
931 the supervisor or, in the case of provisional ballots, before
932 the voter’s elector’s ballot is cast or, in the case of a
933 petition, before the petition is submitted for signature
934 verification.
935 (b) The signature on file at the time the vote-by-mail
936 ballot is received, or at the time the provisional ballot is
937 cast, or at the time a petition is reviewed is the signature
938 that must shall be used in verifying the signature on the vote
939 by-mail voter certificates, and provisional ballot voter
940 certificates, or petitions, respectively. For signatures
941 requiring secondary or tertiary review, older signatures from
942 previous registration updates may be used.
943 Section 11. Section 98.093, Florida Statutes, is amended to
944 read:
945 98.093 Duty of officials to furnish information relating to
946 deceased persons, persons adjudicated mentally incapacitated,
947 persons convicted of a felony, and persons who are not United
948 States citizens.—
949 (1) DUTIES.—In order to identify ineligible registered
950 voters and maintain accurate and current voter registration
951 records in the statewide voter registration system pursuant to
952 procedures in s. 98.065 or s. 98.075, it is necessary for the
953 department and supervisors of elections to receive or access
954 certain information from state and federal officials and
955 entities in the format prescribed.
956 (2) To the maximum extent feasible, state and local
957 government agencies shall facilitate provision of information
958 and access to data to the department, including, but not limited
959 to, databases that contain reliable criminal records and records
960 of deceased persons. State and local government agencies that
961 provide such data must shall do so without charge if the direct
962 cost incurred by those agencies is not significant.
963 (2)(a) DEPARTMENT OF HEALTH.—The Department of Health shall
964 furnish weekly monthly to the department a list containing the
965 name, address, date of birth, date of death, social security
966 number, race, and sex of each deceased person 17 years of age or
967 older whose death was reported during the preceding week.
968 (3)(b) CLERK OF THE CIRCUIT COURT.—Each clerk of the
969 circuit court shall furnish weekly to the supervisors in their
970 respective jurisdiction the following information monthly to the
971 department:
972 (a)1. Information identifying A list of those persons who
973 have been adjudicated mentally incapacitated with respect to
974 voting during the preceding week and calendar month, a list of
975 those persons whose mental capacity with respect to voting has
976 been restored during the preceding week. The information must
977 include each person’s name; address; date of birth; race; sex;
978 and, if available, his or her Florida driver license number or
979 Florida identification card number or the last four digits of
980 his or her social security number. The clerk shall provide the
981 information to the department to assist a supervisor in
982 identifying registered voters in his or her county who are
983 adjudicated mentally incapacitated outside of his or her county
984 pursuant to s. 98.075(4).
985 (b) Information identifying calendar month, and a list of
986 those persons who have responded to returned signed jury notices
987 during the preceding week from months to the clerk of the
988 circuit court and whose response indicated indicating a change
989 of address. The information must Each list shall include each
990 person’s the name;, address;, date of birth;, race;, sex;, and,
991 if whichever is available, the Florida driver license number or,
992 Florida identification card number, or the last four digits of
993 his or her social security number of each such person.
994 (c)2. Information on the terms of sentence for felony
995 convictions, including any financial obligations for court
996 costs, fees, and fines, of all persons listed in the clerk’s
997 records whose last known address in the clerk’s records is
998 within this state and who have been convicted of a felony during
999 the preceding week month. The information may be provided to the
1000 supervisor directly by the clerk individual clerks of the
1001 circuit court or may be provided on the clerk’s their behalf
1002 through the Comprehensive Case Information System. For each
1003 felony conviction reported, the information must include:
1004 1.a. The full name;, last known address;, date of birth;,
1005 race;, sex;, and, if available, the Florida driver license
1006 number or Florida identification card number, as applicable;,
1007 and the last four digits of the social security number of the
1008 person convicted.
1009 2.b. The amounts of all financial obligations, including
1010 restitution and court costs, fees, and fines, and, if known, the
1011 amount of financial obligations not yet satisfied.
1012 3.c. The county in which the conviction occurred.
1013 4.d. The statute number violated, statute table text, date
1014 of conviction, and case number.
1015 (4)(c) UNITED STATES ATTORNEYS.—Upon receipt of information
1016 from the United States Attorney, listing persons convicted of a
1017 felony in federal court, the department shall use such
1018 information to identify registered voters or applicants for
1019 voter registration who may be potentially ineligible based on
1020 information provided in accordance with s. 98.075.
1021 (5)(d) DEPARTMENT OF LAW ENFORCEMENT.—The Department of Law
1022 Enforcement shall identify and report to the department at least
1023 weekly those persons who have been convicted of a felony during
1024 the preceding week who appear in the voter registration records
1025 supplied by the statewide voter registration system, in a time
1026 and manner that enables the department to meet its obligations
1027 under state and federal law.
1028 (6)(e) FLORIDA COMMISSION ON OFFENDER REVIEW.—The Florida
1029 Commission on Offender Review shall furnish at least weekly
1030 bimonthly to the department data, including the identity of
1031 those persons granted clemency in the preceding month or any
1032 updates to prior records which have occurred in the preceding
1033 month. The data must shall contain the commission’s case number
1034 and the person’s name, address, date of birth, race, gender,
1035 Florida driver license number, Florida identification card
1036 number, or the last four digits of the social security number,
1037 if available, and references to record identifiers assigned by
1038 the Department of Corrections and the Department of Law
1039 Enforcement, a unique identifier of each clemency case, and the
1040 effective date of clemency of each person.
1041 (7)(f) DEPARTMENT OF CORRECTIONS.—The Department of
1042 Corrections shall identify and report to the department at least
1043 weekly those persons who have been convicted of a felony and
1044 committed to its custody or placed on community supervision
1045 during the preceding week. The information must be provided to
1046 the department at a time and in a manner that enables the
1047 department to identify registered voters who are convicted
1048 felons and to meet its obligations under state and federal law.
1049 (8)(g) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—The
1050 Department of Highway Safety and Motor Vehicles shall furnish
1051 weekly monthly to the department the following information:
1052 (a)1. Information identifying A list of those persons whose
1053 names have been removed from the Florida driver license or
1054 Florida identification card database during the preceding week
1055 because they have been licensed or been issued an identification
1056 card in another state. The information list must contain the
1057 person’s name, last known Florida address, out-of-state address,
1058 date of birth, sex, last four digits of his or her social
1059 security number, and Florida driver license number or Florida
1060 identification card number and, if available, the address and
1061 the state in which the person is now licensed of each such
1062 person.
1063 (b)2. Information identifying A list of those persons who
1064 during the preceding week presented evidence of non-United
1065 States citizenship upon being issued a new or renewed Florida
1066 driver license or Florida identification card. The information
1067 list must contain the person’s name; address; date of birth;
1068 last four digits of the; social security number, if applicable;
1069 and Florida driver license number or Florida identification card
1070 number, as available applicable; and alien registration number
1071 or other legal status identifier, of each such person.
1072 (c) Information identifying those persons for which it has
1073 received official information during the preceding week that the
1074 person is deceased. The information must contain the name,
1075 address, date of birth, last four digits of the social security
1076 number, Florida driver license number or Florida identification
1077 card number, source containing information on the deceased, and
1078 date of death of each such person.
1079 (9)(3) CONSTRUCTION.—This section does not limit or
1080 restrict the supervisor in his or her duty to act upon direct
1081 receipt of, access to, or knowledge of official information from
1082 these and other governmental entities that identify a registered
1083 voter as potentially ineligible and to initiate removal of
1084 remove the name of the registered voter who is determined to be
1085 ineligible names of persons from the statewide voter
1086 registration system pursuant to s. 98.075(7) based upon
1087 information received from other sources.
1088 Section 12. Section 98.0981, Florida Statutes, is amended
1089 to read:
1090 98.0981 Reports; voting history; statewide voter
1091 registration system information; precinct-level election
1092 results; book closing statistics; live turnout data.—
1093 (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
1094 INFORMATION.—Each supervisor shall submit the reports required
1095 by this subsection to the department no later than 20 days after
1096 the Elections Canvassing Commission certifies the results of an
1097 election.
1098 (a) Reconciliation.—For each presidential preference
1099 primary election, special primary election, special election,
1100 primary election, and general election, the supervisor shall
1101 reconcile the aggregate total of ballots cast in each precinct
1102 to the aggregate number of voters with voter history pursuant to
1103 paragraph (b) and the precinct-level election results pursuant
1104 to subsection (3) and submit a reconciliation report. The report
1105 must be submitted to the department in an electronic format
1106 pursuant to file format and specifications set forth in rule.
1107 The report must include a written explanation if the
1108 reconciliation results in a discrepancy between the voter
1109 history and the election results.
1110 (b) Voting history.—For each Within 30 days after
1111 certification by the Elections Canvassing Commission of a
1112 presidential preference primary, special election, special
1113 primary election, primary election, or general election, as
1114 applicable, supervisors of elections shall transmit completely
1115 updated voting history information for each qualified voter to
1116 the department. Such information must be provided, in a uniform
1117 electronic format pursuant to file specifications adopted by the
1118 department by rule. The voting history information must include:
1119 specified in paragraph (d), completely updated voting history
1120 information for each qualified voter who voted
1121 1. The unique identifier assigned to each qualified voter
1122 within the statewide voter registration system.
1123 2. Each qualified voter’s unique precinct identifier at the
1124 time of voting. For purposes of this subparagraph, the term
1125 “unique precinct identifier” means an alphanumeric code
1126 containing no more than six characters representing the precinct
1127 name or number.
1128 3. Specifics as to each qualified voter’s voting history,
1129 including whether the qualified voter voted a regular ballot
1130 during the early voting period, voted during the early voting
1131 period using a provisional ballot that was subsequently counted,
1132 voted a regular ballot at a precinct location, voted at a
1133 precinct location using a provisional ballot that was
1134 subsequently counted, voted by vote-by-mail ballot, attempted to
1135 vote by a timely received vote-by-mail ballot that was not
1136 counted, attempted to vote by a vote-by-mail ballot that was
1137 received untimely, attempted to vote by provisional ballot that
1138 was not counted, or did not vote.
1139 (c) Precinct boundaries.—For each presidential preference
1140 primary election, special primary election, special election,
1141 primary election, and general election, the supervisor shall
1142 submit to the department the geographical information system map
1143 of precinct boundaries created and maintained pursuant to s.
1144 101.001 for the applicable election.
1145 (2)(b) LEGISLATIVE REPORT.—
1146 (a) Specifications.—After receipt of the information in
1147 paragraph (a), The department shall prepare an election summary
1148 compiled for a presidential preference primary election, special
1149 primary election, special election, primary election, or general
1150 election, as applicable, a report in an electronic format which
1151 contains the following information, separately compiled for the
1152 primary and general election for all voters qualified to vote in
1153 either election:
1154 1. The voting history information as transmitted under
1155 paragraph (1)(b) and the precinct boundaries as transmitted
1156 under paragraph (1)(c). unique identifier assigned to each
1157 qualified voter within the statewide voter registration system;
1158 2. All information provided by each qualified voter on his
1159 or her voter registration application pursuant to s. 97.052(2),
1160 except that which is confidential or exempt from public records
1161 requirements.;
1162 3. Each qualified voter’s date of registration.;
1163 4. Each qualified voter’s current state representative
1164 district, state senatorial district, and congressional district,
1165 county commission district, and school board district at the
1166 time of voting, assigned by the supervisor of elections;
1167 5. Each qualified voter’s current precinct; and
1168 6. Voting history as transmitted under paragraph (a) to
1169 include whether the qualified voter voted at a precinct
1170 location, voted during the early voting period, voted by vote
1171 by-mail ballot, attempted to vote by vote-by-mail ballot that
1172 was not counted, attempted to vote by provisional ballot that
1173 was not counted, or did not vote.
1174 (b)(c) Submission.—Within 60 45 days after certification by
1175 the Elections Canvassing Commission certifies of a presidential
1176 preference primary, special election, primary election, or
1177 general election, the department shall submit send to the
1178 President of the Senate, the Speaker of the House of
1179 Representatives, the Senate Minority Leader, and the House
1180 Minority Leader an election summary a report in electronic
1181 format that includes all information set forth in paragraph (a)
1182 (b).
1183 (d) File specifications are as follows:
1184 1. The file shall contain records designated by the
1185 categories below for all qualified voters who, regardless of the
1186 voter’s county of residence or active or inactive registration
1187 status at the book closing for the corresponding election that
1188 the file is being created for:
1189 a. Voted a regular ballot at a precinct location.
1190 b. Voted at a precinct location using a provisional ballot
1191 that was subsequently counted.
1192 c. Voted a regular ballot during the early voting period.
1193 d. Voted during the early voting period using a provisional
1194 ballot that was subsequently counted.
1195 e. Voted by vote-by-mail ballot.
1196 f. Attempted to vote by vote-by-mail ballot, but the ballot
1197 was not counted.
1198 g. Attempted to vote by provisional ballot, but the ballot
1199 was not counted in that election.
1200 2. Each file shall be created or converted into a tab
1201 delimited format.
1202 3. File names shall adhere to the following convention:
1203 a. Three-character county identifier as established by the
1204 department followed by an underscore.
1205 b. Followed by four-character file type identifier of
1206 “VHO3” followed by an underscore.
1207 c. Followed by FVRS election ID followed by an underscore.
1208 d. Followed by Date Created followed by an underscore.
1209 e. Date format is YYYYMMDD.
1210 f. Followed by Time Created - HHMMSS.
1211 g. Followed by “.txt”.
1212 4. Each record shall contain the following columns: Record
1213 Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
1214 Date, Vote History Code, Precinct, Congressional District, House
1215 District, Senate District, County Commission District, and
1216 School Board District.
1217 (e) Each supervisor of elections shall reconcile, before
1218 submission, the aggregate total of ballots cast in each precinct
1219 as reported in the precinct-level election results to the
1220 aggregate total number of voters with voter history for the
1221 election for each district.
1222 (f) Each supervisor of elections shall submit the results
1223 of the data reconciliation as described in paragraph (e) to the
1224 department in an electronic format and give a written
1225 explanation for any precincts where the reconciliation as
1226 described in paragraph (e) results in a discrepancy between the
1227 voter history and the election results.
1228 (3)(2) PRECINCT-LEVEL ELECTION RESULTS.—
1229 (a)1. Within 10 business 30 days after certification by the
1230 Elections Canvassing Commission certifies of a presidential
1231 preference primary election, special election, special primary
1232 election, primary election, or general election, as applicable,
1233 the supervisors of elections shall collect and submit to the
1234 department precinct-level election results for the election in a
1235 uniform electronic format specified by paragraph (c). The
1236 precinct-level election results shall be compiled separately for
1237 the primary or special primary election that preceded the
1238 general or special general election, respectively. The results
1239 must shall specifically include for each precinct the total of
1240 all ballots cast for each candidate or nominee to fill a
1241 national, state, county, or district office or proposed
1242 constitutional amendment, with subtotals for each candidate and
1243 ballot type. When one or more ballot types, also known as
1244 counting groups, in a race or an issue have fewer than 30 voters
1245 voting on the ballot, the ballot type must be reported as zero
1246 except for the total votes counting group for that precinct.
1247 Ballot types or counting groups include election day, early
1248 voting, vote-by-mail, provisional voting, and total votes
1249 However, ballot type or precinct subtotals in a race or question
1250 having fewer than 30 voters voting on the ballot type or in the
1251 precinct may not be reported in precinct results. For purposes
1252 of this paragraph, the term “all ballots cast” means ballots
1253 cast by voters who cast a ballot, whether at a precinct
1254 location;, by vote-by-mail ballot, including overseas vote-by
1255 mail ballots;, during the early voting period;, or by
1256 provisional ballot.
1257 2. Upon request from the department, a supervisor must
1258 research and address, as appropriate, any questions or issues
1259 identified by the department pertaining to the precinct-level
1260 election results. If the information as originally submitted is
1261 changed or corrected, the supervisor must provide an amended
1262 precinct-level election results file no later than 10 business
1263 days after the request from the department.
1264 (b) The department shall make such information available
1265 online no later than 60 days after the Elections Canvassing
1266 Commission certifies the presidential preference primary
1267 election, special primary election, special election, primary
1268 election, or general election, as applicable. The website
1269 containing the information must include on a searchable,
1270 sortable, and downloadable database via its website that also
1271 includes the file layout and codes. The information must
1272 database shall be searchable and sortable by county, precinct,
1273 and candidate;. The must database shall be downloadable in a
1274 tab-delimited format; and must. The database shall be available
1275 for download county-by-county and also as a statewide file. Such
1276 report shall also be made available upon request.
1277 (c) The files containing the precinct-level election
1278 results must shall be created in accordance with the applicable
1279 file specification as set forth in rule. The rule must, at a
1280 minimum, provide that:
1281 1. The precinct-level results file shall be created or
1282 converted into a tab-delimited text file.
1283 2. The row immediately before the first data record shall
1284 contain the column names of the data elements that make up the
1285 data records. There shall be one header record followed by
1286 multiple data records.
1287 3. the data records shall include the following columns:
1288 County Name, Election Number, Election Date, Unique Precinct
1289 Identifier, Precinct Polling Location, Total Registered Voters,
1290 Total Registered Republicans, Total Registered Democrats, Total
1291 Registered All Other Parties, Contest Name,
1292 Candidate/Retention/Issue Name, Candidate Florida Voter
1293 Registration System ID Number, Division of Elections Unique
1294 Candidate Identifying Number, Candidate Party, District,
1295 Undervote Total, Overvote Total, Write-in Total, and Vote Total.
1296 For purposes of this paragraph, the term “unique precinct
1297 identifier” means an alphanumeric code containing no more than
1298 six characters representing the precinct name or number.
1299 (4)(3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.—No later
1300 than 10 days after the date of book closing for but before the
1301 date of an election as defined in s. 97.021 to fill a national,
1302 state, county, or district office, or to vote on a proposed
1303 constitutional amendment, the department shall compile and make
1304 available the following precinct-level statistical data for each
1305 county:
1306 (a) Unique precinct identifier numbers. For purposes of
1307 this subsection, the term “unique precinct identifier” means an
1308 alphanumeric code containing no more than six characters
1309 representing the precinct name or number.
1310 (b) Total number of active registered voters by party for
1311 each precinct.
1312 (5)(4) LIVE TURNOUT DATA.—On election day, each supervisor
1313 of elections shall make live voter turnout data, updated at
1314 least once per hour, available on his or her website. Each
1315 supervisor shall transmit the live voter turnout data to the
1316 division, which must create and maintain a real-time statewide
1317 turnout dashboard that is available for viewing by the public on
1318 the division’s website as the data becomes available.
1319 (6)(5) REPORTS PUBLICLY AVAILABLE.—The department shall
1320 also make publicly available the reports and results required in
1321 subsections (1)-(4) (1)-(3).
1322 (7)(6) RULEMAKING.—The department shall adopt rules and
1323 prescribe forms to carry out the purposes of this section.
1324 Section 13. Paragraph (d) of subsection (1) of section
1325 99.021, Florida Statutes, is redesignated as paragraph (e), and
1326 a new paragraph (d) is added to that subsection, to read:
1327 99.021 Form of candidate oath.—
1328 (1)
1329 (d) In addition, each candidate, whether a party candidate,
1330 a candidate with no party affiliation, or a write-in candidate,
1331 shall, at the time of subscribing to the oath or affirmation,
1332 state in writing whether he or she owes any outstanding fines,
1333 fees, or penalties that cumulatively exceed $250 for any
1334 violations of s. 8, Art. II of the State Constitution, the Code
1335 of Ethics for Public Officers and Employees under part III of
1336 chapter 112, any local ethics ordinance governing standards of
1337 conduct and disclosure requirements, or chapter 106. If the
1338 candidate owes any outstanding fines, fees, or penalties
1339 exceeding the threshold amount specified in this paragraph, he
1340 or she must also specify the amount owed and each entity that
1341 levied such fine, fee, or penalty. For purposes of this
1342 paragraph, any such fines, fees, or penalties that have been
1343 paid in full at the time of subscribing to the oath or
1344 affirmation are not deemed to be outstanding.
1345 Section 14. Section 99.0215, Florida Statutes, is created
1346 to read:
1347 99.0215 Name of candidate.—
1348 (1) Each candidate shall designate in the oath or
1349 affirmation specified in s. 99.021 the name that he or she
1350 wishes to have printed on the ballot, or in the case of a write
1351 in candidate, the name that he or she wishes to have voters
1352 write in on the ballot when voting for him or her. Such
1353 designation must include the candidate’s legal given name or
1354 names, a shortened form of the candidate’s legal given name or
1355 names, an initial or initials of the candidate’s legal given
1356 name or names, or a bona fide nickname customarily related to
1357 the candidate and by which the candidate is commonly known,
1358 immediately followed by the candidate’s legal surname. If
1359 applicable, a candidate may place one of the following
1360 designations after the legal surname: “Sr.,” “Jr.,” or a
1361 numerical designation such as “II.”
1362 (2) If a candidate wishes to designate a nickname, the
1363 candidate must file an affidavit that must be verified under
1364 oath or affirmation pursuant to s. 92.525(1)(a), attesting that
1365 the nickname complies with the requirements of this section. The
1366 affidavit must be filed simultaneously with the oath or
1367 affirmation specified in s. 99.021. Any nickname designated by a
1368 candidate may not be used to mislead voters. A candidate may not
1369 designate a nickname that implies the candidate is some other
1370 person, that constitutes a political slogan or otherwise
1371 associates the candidate with a cause or an issue, or that is
1372 obscene or profane. For purposes of this subsection, the term
1373 “political slogan” means any word or words expressing or
1374 connoting a position, an opinion, or a belief that the candidate
1375 may espouse, including, but not limited to, any word or words
1376 conveying any meaning other than that of the general identity of
1377 the candidate.
1378 (3) Unless a candidate has the same name as, or a name
1379 similar to, one or more candidates for the same office, an
1380 educational or professional title or degree may not be added to
1381 his or her name designation.
1382 Section 15. Subsections (4) and (5) of section 99.097,
1383 Florida Statutes, are amended to read:
1384 99.097 Verification of signatures on petitions.—
1385 (4)(a) The supervisor must shall be paid in advance the sum
1386 of 10 cents for each signature checked or the actual cost of
1387 checking such signature, whichever is less, by the candidate or,
1388 in the case of a petition to have a local an issue placed on the
1389 ballot, by the person or organization submitting the petition.
1390 In the case of a petition to place a statewide issue on the
1391 ballot, the person or organization submitting the petition must
1392 pay the supervisor in advance the cost posted by the supervisor
1393 pursuant to s. 100.371(11) for the actual cost of checking
1394 signatures to place a statewide issue on the ballot.
1395 (b) However, if a candidate, a person, or an organization
1396 seeking to have an issue placed upon the ballot cannot pay such
1397 charges without imposing an undue burden on personal resources
1398 or upon the resources otherwise available to such candidate,
1399 person, or organization, such candidate, person, or organization
1400 shall, upon written certification of such inability given under
1401 oath to the supervisor, is be entitled to have the signatures
1402 verified at no charge.
1403 (c) In the event a candidate, person, or organization
1404 submitting a petition to have an issue placed upon the ballot is
1405 entitled to have the signatures verified at no charge, the
1406 supervisor of elections of each county in which the signatures
1407 are verified at no charge shall submit the total number of such
1408 signatures checked in the county to the Chief Financial Officer
1409 no later than December 1 of the general election year, and the
1410 Chief Financial Officer shall cause such supervisor of elections
1411 to be reimbursed from the General Revenue Fund in an amount
1412 equal to 10 cents or the actual cost for each name checked or
1413 the actual cost of checking such signatures, whichever is
1414 applicable as set forth in paragraph (a) less. In no event may
1415 shall such reimbursement of costs be deemed or applied as extra
1416 compensation for the supervisor.
1417 (d) Petitions must shall be retained by the supervisors for
1418 a period of 1 year following the election for which the
1419 petitions were circulated.
1420 (5) The results of a verification pursuant to subparagraph
1421 (1)(a)2. may be contested in the circuit court by the candidate;
1422 an announced opponent; a representative of a designated
1423 political committee; or a person, party, or other organization
1424 submitting the petition. The contestant must shall file a
1425 complaint, together with the fees prescribed in chapter 28, with
1426 the clerk of the circuit court in the county in which the
1427 petition is certified or in Leon County if the petition covers
1428 more than one county within 10 days after midnight of the date
1429 the petition is certified; and the complaint must shall set
1430 forth the grounds on which the contestant intends to establish
1431 his or her right to require a complete check of the petition
1432 pursuant to subparagraph (1)(a)1. In the event the court orders
1433 a complete check of the petition and the result is not changed
1434 as to the success or lack of success of the petitioner in
1435 obtaining the requisite number of valid signatures, then such
1436 candidate, unless the candidate has filed the oath stating that
1437 he or she is unable to pay such charges; announced opponent;
1438 representative of a designated political committee; or party,
1439 person, or organization submitting the petition, unless such
1440 person or organization has filed the oath stating inability to
1441 pay such charges, shall pay to the supervisor of elections of
1442 each affected county for the complete check an amount calculated
1443 at the rate of 10 cents for each additional signature checked or
1444 the actual cost of checking such additional signatures, as
1445 applicable whichever is less.
1446 Section 16. Section 100.021, Florida Statutes, is amended
1447 to read:
1448 100.021 Notice of general election.—The Department of State
1449 shall, in any year in which a general election is held, make out
1450 a notice stating what offices and vacancies are to be filled at
1451 the general election in the state, and in each county and
1452 district thereof. During the 30 days before prior to the
1453 beginning of qualifying, the department of State shall have the
1454 notice published two times in a newspaper of general circulation
1455 in each county; and, in counties in which there is no newspaper
1456 of general circulation, it shall send to the sheriff a notice of
1457 the offices and vacancies to be filled at such general election
1458 by the qualified voters of the sheriff’s county or any district
1459 thereof, and the sheriff shall have at least five copies of the
1460 notice posted in conspicuous places in the county. Notice may be
1461 provided alternatively by publishing notice on the division’s
1462 website, on the county’s website as provided in s. 50.0311, or
1463 on the supervisor’s website, as deemed appropriate by the
1464 supervisor.
1465 Section 17. Subsection (3) of section 100.141, Florida
1466 Statutes, is amended to read:
1467 100.141 Notice of special election to fill any vacancy in
1468 office.—
1469 (3) The department shall deliver a copy of such notice to
1470 the supervisor of elections of each county in which the special
1471 election is to be held. The supervisor shall have the notice
1472 published two times in a newspaper of general circulation in the
1473 county at least 10 days before prior to the first day set for
1474 qualifying for office or, for at least 10 days before the first
1475 day set for qualifying for office, publish notice on the
1476 county’s website as provided in s. 50.0311 or on the
1477 supervisor’s website. If such a newspaper is not published
1478 within the period set forth, the supervisor shall post at least
1479 five copies of the notice in conspicuous places in the county
1480 not less than 10 days prior to the first date set for
1481 qualifying.
1482 Section 18. Section 100.342, Florida Statutes, is amended
1483 to read:
1484 100.342 Notice of special election or referendum.—In any
1485 special election or referendum not otherwise provided for, there
1486 must shall be at least 30 days’ notice of the election or
1487 referendum by publication in a newspaper of general circulation
1488 in the county, district, or municipality, or publication on the
1489 county’s website as provided in s. 50.0311, the municipality’s
1490 website, or the supervisor’s website, as applicable as the case
1491 may be. The publication must shall be made at least twice, once
1492 in the fifth week and once in the third week before prior to the
1493 week in which the election or referendum is to be held. If the
1494 applicable website becomes unavailable or there is no newspaper
1495 of general circulation in the county, district, or municipality,
1496 the notice must shall be posted in no less than five places
1497 within the territorial limits of the county, district, or
1498 municipality.
1499 Section 19. Subsection (3) and paragraph (a) of subsection
1500 (4) of section 101.001, Florida Statutes, are amended to read:
1501 101.001 Precincts and polling places; boundaries.—
1502 (3)(a) Each supervisor of elections shall maintain a
1503 geographical information system suitable map drawn to a scale no
1504 smaller than 3 miles to the inch and clearly delineating all
1505 major observable features such as roads, streams, and railway
1506 lines and showing the current geographical boundaries of each
1507 precinct, representative district, and senatorial district, and
1508 other type of district in the county subject to the elections
1509 process in this code. A supervisor may coordinate with other
1510 governmental entities to comply with this subsection.
1511 (b) The supervisor shall provide to the department data on
1512 all precincts in the county associated with the most recent
1513 decennial census blocks within each precinct.
1514 (c) The department shall maintain a searchable database
1515 that contains the precincts and the corresponding most recent
1516 decennial census blocks within the precincts for each county,
1517 including a historical file that allows the census blocks to be
1518 traced through the prior decade.
1519 (b)(d) The supervisor of elections shall notify the
1520 Secretary of State in writing within 10 days after any
1521 reorganization of precincts and shall furnish a copy of the
1522 geographical information system compatible map showing the
1523 current geographical boundaries and designation of each new
1524 precinct. However, if precincts are composed of whole census
1525 blocks, the supervisor may furnish, in lieu of a copy of the
1526 map, a list, in an electronic format prescribed by the
1527 Department of State, associating each census block in the county
1528 with its precinct.
1529 (c)(e) Any precinct established or altered under the
1530 provisions of this section must shall consist of areas bounded
1531 on all sides only by census block boundaries from the most
1532 recent United States Census. If the census block boundaries
1533 split or conflict with a municipal or other political
1534 subdivision another political boundary listed below, the
1535 boundary listed below may be used as a precinct boundary:
1536 1. Governmental unit boundaries reported in the most recent
1537 Boundary and Annexation Survey published by the United States
1538 Census Bureau; or
1539 2. Visible features that are readily distinguishable upon
1540 the ground, such as streets, railroads, tracks, streams, and
1541 lakes, and that are indicated upon current census maps, official
1542 Department of Transportation maps, official municipal maps,
1543 official county maps, or a combination of such maps;
1544 3. Boundaries of public parks, public school grounds, or
1545 churches; or
1546 2.4. Boundaries of counties, incorporated municipalities,
1547 or other political subdivisions that meet criteria established
1548 by the United States Census Bureau for block boundaries.
1549 (4)(a) Within 10 days after there is any change in the
1550 division, name, number, or boundaries of the precincts, or the
1551 location of the polling places, the supervisor of elections
1552 shall make in writing an accurate description of any new or
1553 altered precincts, setting forth the boundary lines and shall
1554 identify the location of each new or altered polling place. A
1555 copy of the document describing such changes must shall be
1556 posted at the supervisor’s office.
1557 Section 20. Subsection (1) of section 101.048, Florida
1558 Statutes, is amended to read:
1559 101.048 Provisional ballots.—
1560 (1) At all elections, a voter claiming to be properly
1561 registered in the state and eligible to vote at the precinct in
1562 the election but whose eligibility cannot be determined, a
1563 person whom an election official asserts is not eligible,
1564 including, but not limited to, a person to whom notice has been
1565 sent pursuant to s. 98.075(7), but for whom a final
1566 determination of eligibility has not been made, and other
1567 persons specified in the code shall be entitled to vote a
1568 provisional ballot. Once voted, the provisional ballot must
1569 shall be placed in a secrecy envelope and thereafter sealed in a
1570 provisional ballot envelope. The provisional ballot must shall
1571 be deposited in a ballot box. All provisional ballots must shall
1572 remain sealed in their envelopes for return to the supervisor of
1573 elections. The department shall prescribe the form of the
1574 provisional ballot envelope. A person casting a provisional
1575 ballot has shall have the right to present written evidence
1576 supporting his or her eligibility to vote to the supervisor of
1577 elections by not later than 5 p.m. on the second day following
1578 the election.
1579 Section 21. Paragraph (b) of subsection (4) of section
1580 101.151, Florida Statutes, is amended to read:
1581 101.151 Specifications for ballots.—
1582 (4)
1583 (b) When two or more candidates running for the same office
1584 on an a primary election ballot have the same or a similar
1585 surname, the word “incumbent” must shall appear next to the
1586 incumbent’s name.
1587 Section 22. Subsection (2) of section 101.5612, Florida
1588 Statutes, is amended to read:
1589 101.5612 Testing of tabulating equipment.—
1590 (2) On any day not more than 25 days before the
1591 commencement of early voting as provided in s. 101.657, the
1592 supervisor of elections shall have the automatic tabulating
1593 equipment publicly tested to ascertain that the equipment will
1594 correctly count the votes cast for all offices and on all
1595 measures. If the ballots to be used at the polling place on
1596 election day are not available at the time of the testing, the
1597 supervisor may conduct an additional test not more than 10 days
1598 before election day. Public notice of the time and place of the
1599 test shall be given at least 48 hours prior thereto by
1600 publication on the county website as provided in s. 50.0311, on
1601 the supervisor of elections’ website, or and once in one or more
1602 newspapers of general circulation in the county. If the
1603 applicable website becomes unavailable or, if there is no
1604 newspaper of general circulation in the county, by posting the
1605 notice must be posted in at least four conspicuous places in the
1606 county. The supervisor or the municipal elections official may,
1607 at the time of qualifying, give written notice of the time and
1608 location of the public preelection test to each candidate
1609 qualifying with that office and obtain a signed receipt that the
1610 notice has been given. The Department of State shall give
1611 written notice to each statewide candidate at the time of
1612 qualifying, or immediately at the end of qualifying, that the
1613 voting equipment will be tested and advise each candidate to
1614 contact the county supervisor of elections as to the time and
1615 location of the public preelection test. The supervisor or the
1616 municipal elections official shall, at least 30 days before the
1617 commencement of early voting as provided in s. 101.657, send
1618 written notice by certified mail to the county party chair of
1619 each political party and to all candidates for other than
1620 statewide office whose names appear on the ballot in the county
1621 and who did not receive written notification from the supervisor
1622 or municipal elections official at the time of qualifying,
1623 stating the time and location of the public preelection test of
1624 the automatic tabulating equipment. The canvassing board shall
1625 convene, and each member of the canvassing board shall certify
1626 to the accuracy of the test. For the test, the canvassing board
1627 may designate one member to represent it. The test shall be open
1628 to representatives of the political parties, the press, and the
1629 public. Each political party may designate one person with
1630 expertise in the computer field who shall be allowed in the
1631 central counting room when all tests are being conducted and
1632 when the official votes are being counted. The designee may
1633 shall not interfere with the normal operation of the canvassing
1634 board.
1635 Section 23. Subsection (1) of section 101.6103, Florida
1636 Statutes, is amended to read:
1637 101.6103 Mail ballot election procedure.—
1638 (1) Except as otherwise provided in subsection (7), the
1639 supervisor of elections shall mail all official ballots with a
1640 secrecy envelope, a return mailing envelope, and instructions
1641 sufficient to describe the voting process to each elector
1642 entitled to vote in the election within the timeframes specified
1643 in s. 101.62(3) s. 101.62(4). All such ballots must shall be
1644 mailed by first-class mail. Ballots must shall be addressed to
1645 each elector at the address appearing in the registration
1646 records and placed in an envelope which is prominently marked
1647 “Do Not Forward.”
1648 Section 24. Section 101.62, Florida Statutes, is amended to
1649 read:
1650 101.62 Request for vote-by-mail ballots.—
1651 (1) REQUEST.—
1652 (a) The supervisor shall accept a request for a vote-by
1653 mail ballot only from a voter or, if directly instructed by the
1654 voter, a member of the voter’s immediate family or the voter’s
1655 legal guardian from an elector in person or in writing. A
1656 request may be made in person, in writing, by telephone, or
1657 through the supervisor’s website. The department shall prescribe
1658 by rule by October 1, 2023, a uniform statewide application to
1659 make a written request for a vote-by-mail ballot which includes
1660 fields for all information required in this subsection. One
1661 request is deemed sufficient to receive a vote-by-mail ballot
1662 for all elections through the end of the calendar year of the
1663 next regularly scheduled general election, unless the voter
1664 elector or the voter’s elector’s designee indicates at the time
1665 the request is made the elections within such period for which
1666 the voter elector desires to receive a vote-by-mail ballot. The
1667 supervisor must cancel a request for a vote-by-mail ballot Such
1668 request may be considered canceled when any first-class mail or
1669 nonforwardable mail sent by the supervisor to the voter elector
1670 is returned as undeliverable. If the voter requests a vote-by
1671 mail ballot thereafter, the voter must provide or confirm his or
1672 her current residential address.
1673 (b) The supervisor may accept a written, an in-person, or a
1674 telephonic request for a vote-by-mail ballot to be mailed to a
1675 voter’s an elector’s address on file in the Florida Voter
1676 Registration System from the voter elector, or, if directly
1677 instructed by the voter elector, a member of the voter’s
1678 elector’s immediate family, or the voter’s elector’s legal
1679 guardian. If an in-person or a telephonic request is made, the
1680 voter elector must provide the voter’s elector’s Florida driver
1681 license number, the voter’s elector’s Florida identification
1682 card number, or the last four digits of the voter’s elector’s
1683 social security number, whichever may be verified in the
1684 supervisor’s records. If the ballot is requested to be mailed to
1685 an address other than the voter’s elector’s address on file in
1686 the Florida Voter Registration System, the request must be made
1687 in writing. A written request must be signed by the voter
1688 elector and include the voter’s elector’s Florida driver license
1689 number, the voter’s elector’s Florida identification card
1690 number, or the last four digits of the voter’s elector’s social
1691 security number. However, an absent uniformed services service
1692 voter or an overseas voter seeking a vote-by-mail ballot is not
1693 required to submit a signed, written request for a vote-by-mail
1694 ballot that is being mailed to an address other than the voter’s
1695 elector’s address on file in the Florida Voter Registration
1696 System. For purposes of this section, the term “immediate
1697 family” has the same meaning as specified in paragraph (4)(c).
1698 The person making the request must disclose:
1699 1. The name of the voter elector for whom the ballot is
1700 requested.
1701 2. The voter’s elector’s address.
1702 3. The voter’s elector’s date of birth.
1703 4. The voter’s elector’s Florida driver license number, the
1704 voter’s elector’s Florida identification card number, or the
1705 last four digits of the voter’s elector’s social security
1706 number, whichever may be verified in the supervisor’s records.
1707 If the voter’s registration record does not already include the
1708 voter’s Florida driver license number or Florida identification
1709 card number or the last four digits of the voter’s social
1710 security number, the number provided must be recorded in the
1711 voter’s registration record.
1712 5. The requester’s name.
1713 6. The requester’s address.
1714 7. The requester’s driver license number, the requester’s
1715 identification card number, or the last four digits of the
1716 requester’s social security number, if available.
1717 8. The requester’s relationship to the voter elector.
1718 9. The requester’s signature (written requests only).
1719 (c) Upon receiving a request for a vote-by-mail ballot from
1720 an absent voter, the supervisor of elections shall notify the
1721 voter of the free access system that has been designated by the
1722 department for determining the status of his or her vote-by-mail
1723 ballot.
1724 (d) For purposes of this section, the term “immediate
1725 family” refers to the following, as applicable:
1726 1. The voter’s spouse, parent, child, grandparent,
1727 grandchild, or sibling, or the parent, child, grandparent,
1728 grandchild, or sibling of the voter’s spouse.
1729 2. The designee’s spouse, parent, child, grandparent,
1730 grandchild, or sibling, or the parent, child, grandparent,
1731 grandchild, or sibling of the designee’s spouse.
1732 (2) A request for a vote-by-mail ballot to be mailed to a
1733 voter must be received no later than 5 p.m. on the 10th day
1734 before the election by the supervisor. The supervisor shall mail
1735 vote-by-mail ballots to voters requesting ballots by such
1736 deadline no later than 8 days before the election.
1737 (2)(3) ACCESS TO VOTE-BY-MAIL REQUEST INFORMATION.—For each
1738 request for a vote-by-mail ballot received, the supervisor shall
1739 record the following information: the date the request was made;
1740 the identity of the voter’s designee making the request, if any;
1741 the Florida driver license number, Florida identification card
1742 number, or last four digits of the social security number of the
1743 voter elector provided with a written request; the date the
1744 vote-by-mail ballot was delivered to the voter or the voter’s
1745 designee or the date the vote-by-mail ballot was delivered to
1746 the post office or other carrier; the address to which the
1747 ballot was mailed or the identity of the voter’s designee to
1748 whom the ballot was delivered; the date the ballot was received
1749 by the supervisor; the absence of the voter’s signature on the
1750 voter’s certificate, if applicable; whether the voter’s
1751 certificate contains a signature that does not match the voter’s
1752 elector’s signature in the registration books or precinct
1753 register; and such other information he or she may deem
1754 necessary. This information must shall be provided in electronic
1755 format as provided by division rule. The information must shall
1756 be updated and made available no later than 8 a.m. of each day,
1757 including weekends, beginning 60 days before the primary until
1758 15 days after the general election and shall be
1759 contemporaneously provided to the division. This information is
1760 shall be confidential and exempt from s. 119.07(1) and may shall
1761 be made available to or reproduced only for the voter requesting
1762 the ballot, a canvassing board, an election official, a
1763 political party or official thereof, a candidate who has filed
1764 qualification papers and is opposed in an upcoming election, and
1765 registered political committees for political purposes only.
1766 (3)(4) DELIVERY OF VOTE-BY-MAIL BALLOTS.—
1767 (a) No later than 45 days before each presidential
1768 preference primary election, primary election, and general
1769 election, the supervisor of elections shall send a vote-by-mail
1770 ballot as provided in subparagraph (d)2. (c)2. to each absent
1771 uniformed services voter and to each overseas voter who has
1772 requested a vote-by-mail ballot.
1773 (b) The supervisor shall mail a vote-by-mail ballot to each
1774 absent qualified voter, other than those listed in paragraph
1775 (a), who has requested such a ballot, between the 40th and 33rd
1776 days before the presidential preference primary election,
1777 primary election, and general election.
1778 (c) Except as otherwise provided in paragraph (a) or
1779 paragraph (b) subsection (2) and after the period described in
1780 this paragraph, the supervisor shall mail vote-by-mail ballots
1781 within 2 business days after receiving a request for such a
1782 ballot, but no later than the 10th day before election day. The
1783 deadline to submit a request for a ballot to be mailed is 5 p.m.
1784 local time on the 12th day before an upcoming election.
1785 (d)(c) Upon a request for a vote-by-mail ballot, the
1786 supervisor shall provide a vote-by-mail ballot to each voter
1787 elector by whom a request for that ballot has been made, by one
1788 of the following means:
1789 1. By nonforwardable, return-if-undeliverable mail to the
1790 voter’s elector’s current mailing address on file with the
1791 supervisor or any other address the voter elector specifies in
1792 the request. The envelopes must be prominently marked “Do Not
1793 Forward.”
1794 2. By forwardable mail, e-mail, or facsimile machine
1795 transmission to absent uniformed services voters and overseas
1796 voters. The absent uniformed services voter or overseas voter
1797 may designate in the vote-by-mail ballot request the preferred
1798 method of transmission. If the voter does not designate the
1799 method of transmission, the vote-by-mail ballot must shall be
1800 mailed.
1801 3. By personal delivery before 7 p.m. on election day to
1802 the voter after vote-by-mail ballots have been mailed and up to
1803 7 p.m. on election day elector, upon presentation of the
1804 identification required in s. 101.043.
1805 4. By delivery to the voter’s a designee after vote-by-mail
1806 ballots have been mailed and up to 7 p.m. on election day or up
1807 to 9 days before the day of an election. Any voter elector may
1808 designate in writing a person to pick up the ballot for the
1809 voter elector; however, the person designated may not pick up
1810 more than two vote-by-mail ballots per election, other than the
1811 designee’s own ballot, except that additional ballots may be
1812 picked up for members of the designee’s immediate family. For
1813 purposes of this section, “immediate family” means the
1814 designee’s spouse or the parent, child, grandparent, grandchild,
1815 or sibling of the designee or of the designee’s spouse. The
1816 designee shall provide to the supervisor the written
1817 authorization by the voter elector and a picture identification
1818 of the designee and must complete an affidavit. The designee
1819 shall state in the affidavit that the designee is authorized by
1820 the voter elector to pick up that ballot and shall indicate if
1821 the voter elector is a member of the designee’s immediate family
1822 and, if so, the relationship. The department shall prescribe the
1823 form of the affidavit. If the supervisor is satisfied that the
1824 designee is authorized to pick up the ballot and that the
1825 signature of the voter elector on the written authorization
1826 matches the signature of the voter elector on file, the
1827 supervisor must shall give the ballot to that designee for
1828 delivery to the voter elector.
1829 5. Except as provided in s. 101.655, the supervisor may not
1830 deliver a vote-by-mail ballot to a voter an elector or a voter’s
1831 designee pursuant to subparagraph 3. or subparagraph 4.,
1832 respectively, during the mandatory early voting period and up to
1833 7 p.m. on election day, an elector’s immediate family member on
1834 the day of the election unless there is an emergency, to the
1835 extent that the voter elector will be unable to go to a
1836 designated early voting site in his or her county or to his or
1837 her assigned polling place on election day. If a vote-by-mail
1838 ballot is delivered, the voter elector or his or her designee
1839 must shall execute an affidavit affirming to the facts which
1840 allow for delivery of the vote-by-mail ballot. The department
1841 shall adopt a rule providing for the form of the affidavit.
1842 (4)(5) SPECIAL CIRCUMSTANCES.—If the department is unable
1843 to certify candidates for an election in time to comply with
1844 paragraph (3)(a) (4)(a), the Department of State is authorized
1845 to prescribe rules for a ballot to be sent to absent uniformed
1846 services voters and overseas voters.
1847 (5)(6) MATERIALS.—Only the materials necessary to vote by
1848 mail may be mailed or delivered with any vote-by-mail ballot.
1849 (6)(7) PROHIBITION.—Except as expressly authorized for
1850 voters having a disability under s. 101.662, for overseas voters
1851 under s. 101.697, or for local referenda under ss. 101.6102 and
1852 101.6103, a county, municipality, or state agency may not send a
1853 vote-by-mail ballot to a voter unless the voter has requested a
1854 vote-by-mail ballot in the manner authorized under this section.
1855 Section 25. Subsection (1) of section 101.67, Florida
1856 Statutes, is amended to read:
1857 101.67 Safekeeping of mailed ballots; deadline for
1858 receiving vote-by-mail ballots.—
1859 (1)(a) The supervisor of elections shall safely keep in his
1860 or her office any envelopes received containing marked ballots
1861 of absent electors, and he or she shall, before the canvassing
1862 of the election returns, deliver the envelopes to the county
1863 canvassing board along with his or her file or list kept
1864 regarding said ballots.
1865 (b) To the extent practicable, the supervisor of elections
1866 shall segregate any vote-by-mail ballots received from a person
1867 to whom notice has been sent pursuant to s. 98.075(7), but for
1868 whom a final determination of eligibility has not been made, and
1869 shall treat them as provisional ballots for individual review by
1870 the county canvassing board. The supervisor shall attempt to
1871 contact each voter whose ballot has been set aside under this
1872 paragraph in the same manner as if the voter had voted a
1873 provisional ballot under s. 101.048.
1874 Section 26. Subsection (1) of section 101.68, Florida
1875 Statutes, is amended to read:
1876 101.68 Canvassing of vote-by-mail ballot.—
1877 (1)(a) The supervisor of the county where the absent
1878 elector resides shall receive the voted ballot, at which time
1879 the supervisor shall compare the signature of the elector on the
1880 voter’s certificate with the signature of the elector in the
1881 registration books or the precinct register to determine whether
1882 the elector is duly registered in the county and must record on
1883 the elector’s registration record that the elector has voted.
1884 During the signature comparison process, the supervisor may not
1885 use any knowledge of the political affiliation of the elector
1886 voter whose signature is subject to verification.
1887 (b) An elector who dies after casting a vote-by-mail ballot
1888 but on or before election day shall remain listed in the
1889 registration books until the results have been certified for the
1890 election in which the ballot was cast. The supervisor shall
1891 safely keep the ballot unopened in his or her office until the
1892 county canvassing board canvasses the vote pursuant to
1893 subsection (2).
1894 (c) If two or more vote-by-mail ballots for the same
1895 election are returned in one mailing envelope, the ballots may
1896 not be counted.
1897 (d) Except as provided in subsection (4), after a vote-by
1898 mail ballot is received by the supervisor, the ballot is deemed
1899 to have been cast, and changes or additions may not be made to
1900 the voter’s certificate.
1901 Section 27. Section 101.6923, Florida Statutes, is amended
1902 to read:
1903 101.6923 Special vote-by-mail ballot instructions for
1904 certain first-time voters.—
1905 (1) This section applies The provisions of this section
1906 apply to voters who are subject to the provisions of s. 97.0535
1907 and who have not provided the identification or information
1908 required by s. 97.0535 by the time the vote-by-mail ballot is
1909 mailed.
1910 (2) A voter covered by this section must shall be provided
1911 with printed instructions with his or her vote-by-mail ballot in
1912 substantially the following form:
1913
1914 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
1915 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
1916 YOUR BALLOT NOT TO COUNT.
1917
1918 1. In order to ensure that your vote-by-mail ballot will be
1919 counted, it should be completed and returned as soon as possible
1920 so that it can reach the supervisor of elections of the county
1921 in which your precinct is located no later than 7 p.m. on the
1922 date of the election. However, if you are an overseas voter
1923 casting a ballot in a presidential preference primary or general
1924 election, your vote-by-mail ballot must be postmarked or dated
1925 no later than the date of the election and received by the
1926 supervisor of elections of the county in which you are
1927 registered to vote no later than 10 days after the date of the
1928 election. Note that the later you return your ballot, the less
1929 time you will have to cure signature deficiencies, which is
1930 authorized until 5 p.m. local time on the 2nd day after the
1931 election.
1932 2. Mark your ballot in secret as instructed on the ballot.
1933 You must mark your own ballot unless you are unable to do so
1934 because of blindness, disability, or inability to read or write.
1935 3. Mark only the number of candidates or issue choices for
1936 a race as indicated on the ballot. If you are allowed to “Vote
1937 for One” candidate and you vote for more than one, your vote in
1938 that race will not be counted.
1939 4. Place your marked ballot in the enclosed secrecy
1940 envelope and seal the envelope.
1941 5. Insert the secrecy envelope into the enclosed envelope
1942 bearing the Voter’s Certificate. Seal the envelope and
1943 completely fill out the Voter’s Certificate on the back of the
1944 envelope.
1945 a. You must sign your name on the line above (Voter’s
1946 Signature).
1947 b. If you are an overseas voter, you must include the date
1948 you signed the Voter’s Certificate on the line above (Date) or
1949 your ballot may not be counted.
1950 c. A vote-by-mail ballot will be considered illegal and
1951 will not be counted if the signature on the Voter’s Certificate
1952 does not match the signature on record. The signature on file at
1953 the start of the canvass of the vote-by-mail ballots is the
1954 signature that will be used to verify your signature on the
1955 Voter’s Certificate. If you need to update your signature for
1956 this election, send your signature update on a voter
1957 registration application to your supervisor of elections so that
1958 it is received before your vote-by-mail ballot is received.
1959 6. Unless you meet one of the exemptions in Item 7., you
1960 must make a copy of one of the following forms of
1961 identification:
1962 a. Identification which must include your name and
1963 photograph: United States passport; debit or credit card;
1964 military identification; student identification; retirement
1965 center identification; neighborhood association identification;
1966 public assistance identification; veteran health identification
1967 card issued by the United States Department of Veterans Affairs;
1968 a Florida license to carry a concealed weapon or firearm; or an
1969 employee identification card issued by any branch, department,
1970 agency, or entity of the Federal Government, the state, a
1971 county, or a municipality; or
1972 b. Identification which shows your name and current
1973 residence address: current utility bill, bank statement,
1974 government check, paycheck, or government document (excluding
1975 voter information card).
1976 7. The identification requirements of Item 6. do not apply
1977 if you meet one of the following requirements:
1978 a. You are 65 years of age or older.
1979 b. You have a temporary or permanent physical disability.
1980 c. You are a member of a uniformed service on active duty
1981 who, by reason of such active duty, will be absent from the
1982 county on election day.
1983 d. You are a member of the Merchant Marine who, by reason
1984 of service in the Merchant Marine, will be absent from the
1985 county on election day.
1986 e. You are the spouse or dependent of a member referred to
1987 in paragraph c. or paragraph d. who, by reason of the active
1988 duty or service of the member, will be absent from the county on
1989 election day.
1990 f. You are currently residing outside the United States.
1991 8. Place the envelope bearing the Voter’s Certificate into
1992 the mailing envelope addressed to the supervisor. Insert a copy
1993 of your identification in the mailing envelope. DO NOT PUT YOUR
1994 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1995 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
1996 BALLOT WILL NOT COUNT.
1997 9. Mail, deliver, or have delivered the completed mailing
1998 envelope. Be sure there is sufficient postage if mailed.
1999 10. FELONY NOTICE. It is a felony under Florida law to
2000 accept any gift, payment, or gratuity in exchange for your vote
2001 for a candidate. It is also a felony under Florida law to vote
2002 in an election using a false identity or false address, or under
2003 any other circumstances making your ballot false or fraudulent.
2004 Section 28. Subsections (1) and (3) of section 101.6925,
2005 Florida Statutes, are amended to read:
2006 101.6925 Canvassing special vote-by-mail ballots.—
2007 (1) The supervisor of the county where the voter absent
2008 elector resides shall receive the voted special vote-by-mail
2009 ballot, at which time the mailing envelope must shall be opened
2010 to determine if the voter has enclosed the identification
2011 required or has indicated on the Voter’s Certificate that he or
2012 she is exempt from the identification requirements.
2013 (3) If the identification is not enclosed in the mailing
2014 envelope and the voter has not indicated that he or she is
2015 exempt from the identification requirements, the supervisor must
2016 shall check the voter registration records to determine if the
2017 voter’s identification was previously received or the voter had
2018 previously notified the supervisor that he or she was exempt.
2019 The envelope with the Voter’s Certificate may shall not be
2020 opened unless the identification has been received or the voter
2021 has indicated that he or she is exempt. The ballot must shall be
2022 treated as a provisional ballot and may until 7 p.m. on election
2023 day and shall not be canvassed unless the supervisor has
2024 received the required identification or written indication of
2025 exemption by 5 7 p.m. local time on the 2nd day following the on
2026 election day.
2027 Section 29. Subsection (1) of section 101.694, Florida
2028 Statutes, is amended to read:
2029 101.694 Mailing of ballots upon receipt of federal postcard
2030 application.—
2031 (1) Upon receipt of a federal postcard application for a
2032 vote-by-mail ballot executed by a person whose registration is
2033 in order or whose application is sufficient to register or
2034 update the registration of that person, the supervisor shall
2035 send the ballot in accordance with s. 101.62(3) s. 101.62(4).
2036 Section 30. Subsection (2) of section 101.71, Florida
2037 Statutes, is amended to read:
2038 101.71 Polling place.—
2039 (2) Notwithstanding the provisions of subsection (1),
2040 whenever the supervisor of elections of any county determines
2041 that the accommodations for holding any election at a polling
2042 place designated for any precinct in the county are unavailable,
2043 are inadequate for the expeditious and efficient housing and
2044 handling of voting and voting paraphernalia, or do not comply
2045 with the requirements of s. 101.715, the supervisor shall, not
2046 less than 30 days before prior to the holding of an election,
2047 provide for the voting place for such precinct to be moved to
2048 another site that is accessible to the public on election day in
2049 said precinct or, if such is not available, to another site that
2050 is accessible to the public on election day in a contiguous
2051 precinct. If such action of the supervisor results in the voting
2052 place for two or more precincts being located for the purposes
2053 of an election in one building, the supervisor of elections
2054 shall provide adequate supplies, equipment, and personnel are
2055 available to accommodate the voters for the precincts that are
2056 collocated. When any supervisor moves any polling place pursuant
2057 to this subsection, the supervisor shall, not more than 30 days
2058 or fewer than 7 days before prior to the holding of an election,
2059 give notice of the change of the polling place for the precinct
2060 involved, with clear description of the voting place to which
2061 changed, by publication on the county’s website as provided in
2062 s. 50.0311, on the supervisor’s website, or at least once in a
2063 newspaper of general circulation in the county and on the
2064 supervisor of elections’ website. A notice of the change of the
2065 polling place involved shall be mailed, at least 14 days before
2066 prior to an election, to each registered elector or to each
2067 household in which there is a registered elector.
2068 Section 31. Subsection (2) of section 101.733, Florida
2069 Statutes, is amended to read:
2070 101.733 Election emergency; purpose; elections emergency
2071 contingency plan.—Because of the existing and continuing
2072 possibility of an emergency or common disaster occurring before
2073 or during a regularly scheduled or special election, and in
2074 order to ensure maximum citizen participation in the electoral
2075 process and provide a safe and orderly procedure for persons
2076 seeking to exercise their right to vote, generally to minimize
2077 to whatever degree possible a person’s exposure to danger during
2078 declared states of emergency, and to protect the integrity of
2079 the electoral process, it is hereby found and declared to be
2080 necessary to designate a procedure for the emergency suspension
2081 or delay and rescheduling of elections.
2082 (2) The Governor, upon consultation with the Secretary of
2083 State, shall reschedule any election suspended or delayed due to
2084 an emergency. The election shall be held within 10 days after
2085 the date of the suspended or delayed election or as soon
2086 thereafter as is practicable. Notice of the election must shall
2087 be published on the affected county’s website as provided in s.
2088 50.0311, on the affected supervisor’s website, or at least once
2089 in a newspaper of general circulation in the affected area and,
2090 where practicable, broadcast as a public service announcement on
2091 radio and television stations at least 1 week before prior to
2092 the date the election is to be held.
2093 Section 32. Subsection (2) of section 102.111, Florida
2094 Statutes, is amended to read:
2095 102.111 Elections Canvassing Commission.—
2096 (2) The Elections Canvassing Commission shall meet at 8 9
2097 a.m. on the 9th day after a primary election and at 8 9 a.m. on
2098 the 14th day after a general election to certify the returns of
2099 the election for each federal, state, and multicounty office. If
2100 a member of a county canvassing board that was constituted
2101 pursuant to s. 102.141 determines, within 5 days after the
2102 certification by the Elections Canvassing Commission, that a
2103 typographical error occurred in the official returns of the
2104 county, the correction of which could result in a change in the
2105 outcome of an election, the county canvassing board must certify
2106 corrected returns to the Department of State within 24 hours,
2107 and the Elections Canvassing Commission must correct and
2108 recertify the election returns as soon as practicable.
2109 Section 33. Subsection (2) of section 102.112, Florida
2110 Statutes, is amended to read:
2111 102.112 Deadline for submission of county returns to the
2112 Department of State.—
2113 (2) Returns must be filed no later than noon by 5 p.m. on
2114 the 8th 7th day following a primary election and no later than
2115 by noon on the 13th 12th day following the general election.
2116 However, the Department of State may correct typographical
2117 errors, including the transposition of numbers, in any returns
2118 submitted to the Department of State pursuant to s. 102.111(2).
2119 Section 34. Subsection (1), paragraph (b) of subsection
2120 (2), and subsection (10) of section 102.141, Florida Statutes,
2121 are amended to read:
2122 102.141 County canvassing board; duties.—
2123 (1) The county canvassing board shall be composed of the
2124 supervisor of elections; a county court judge, who shall act as
2125 chair; and the chair of the board of county commissioners. The
2126 names of the canvassing board members must be published on the
2127 supervisor’s website upon completion of the logic and accuracy
2128 test. At least two alternate canvassing board members must be
2129 appointed pursuant to paragraph (e). In the event any member of
2130 the county canvassing board is unable to serve, is a candidate
2131 who has opposition in the election being canvassed, or is an
2132 active participant in the campaign or candidacy of any candidate
2133 who has opposition in the election being canvassed, such member
2134 shall be replaced as follows:
2135 (a) If a no county court judge is unable able to serve or
2136 if all are disqualified, the chief judge of the judicial circuit
2137 in which the county is located must shall appoint as a
2138 substitute member a qualified elector of the county who is not a
2139 candidate with opposition in the election being canvassed and
2140 who is not an active participant in the campaign or candidacy of
2141 any candidate with opposition in the election being canvassed.
2142 In such event, the members of the county canvassing board shall
2143 meet and elect a chair.
2144 (b) If the supervisor of elections is unable to serve or is
2145 disqualified, the chair of the board of county commissioners
2146 must shall appoint as a substitute member a member of the board
2147 of county commissioners who is not a candidate with opposition
2148 in the election being canvassed and who is not an active
2149 participant in the campaign or candidacy of any candidate with
2150 opposition in the election being canvassed. The supervisor,
2151 however, shall act in an advisory capacity to the canvassing
2152 board.
2153 (c) If the chair of the board of county commissioners is
2154 unable to serve or is disqualified, the board of county
2155 commissioners must shall appoint as a substitute member one of
2156 its members who is not a candidate with opposition in the
2157 election being canvassed and who is not an active participant in
2158 the campaign or candidacy of any candidate with opposition in
2159 the election being canvassed.
2160 (d) If a substitute member or alternate member cannot be
2161 appointed as provided elsewhere in this subsection, or in the
2162 event of a vacancy in such office, the chief judge of the
2163 judicial circuit in which the county is located must shall
2164 appoint as a substitute member or alternate member a qualified
2165 elector of the county who is not a candidate with opposition in
2166 the election being canvassed and who is not an active
2167 participant in the campaign or candidacy of any candidate with
2168 opposition in the election being canvassed.
2169 (e)1. The chief judge of the judicial circuit in which the
2170 county is located shall appoint a county court judge as an
2171 alternate member of the county canvassing board or, if each
2172 county court judge is unable to serve or is disqualified, shall
2173 appoint an alternate member who is qualified to serve as a
2174 substitute member under paragraph (a). Any alternate may serve
2175 in any seat.
2176 2. The chair of the board of county commissioners shall
2177 appoint a member of the board of county commissioners as an
2178 alternate member of the county canvassing board or, if each
2179 member of the board of county commissioners is unable to serve
2180 or is disqualified, shall appoint an alternate member who is
2181 qualified to serve as a substitute member under paragraph (d).
2182 3. If a member of the county canvassing board is unable to
2183 participate in a meeting of the board, the chair of the county
2184 canvassing board or his or her designee must shall designate
2185 which alternate member will serve as a member of the board in
2186 the place of the member who is unable to participate at that
2187 meeting.
2188 4. If not serving as one of the three members of the county
2189 canvassing board, an alternate member may be present, observe,
2190 and communicate with the three members constituting the county
2191 canvassing board, but may not vote in the board’s decisions or
2192 determinations.
2193 (2)
2194 (b) Public notice of the canvassing board members,
2195 alternates, time, and place at which the county canvassing board
2196 shall meet to canvass the absent electors’ ballots and
2197 provisional ballots must be given at least 48 hours prior
2198 thereto by publication on the county’s website as provided in s.
2199 50.0311, on the supervisor’s website, or and published in one or
2200 more newspapers of general circulation in the county. or, If the
2201 applicable website becomes unavailable or there is no newspaper
2202 of general circulation in the county, the notice must be posted
2203 by posting such notice in at least four conspicuous places in
2204 the county. The time given in the notice as to the convening of
2205 the meeting of the county canvassing board must be specific and
2206 may not be a time period during which the board may meet.
2207 (10)(a) The supervisor At the same time that the official
2208 results of an election are certified to the Department of State,
2209 the county canvassing board shall file a report with the
2210 Division of Elections on the conduct of the election no later
2211 than 20 business days after the Elections Canvassing Commission
2212 certifies the election. The report must, at a minimum, describe
2213 all of the following:
2214 1. All equipment or software malfunctions at the precinct
2215 level, at a counting location, or within computer and
2216 telecommunications networks supporting a county location, and
2217 the steps that were taken to address the malfunctions.;
2218 2. All election definition errors that were discovered
2219 after the logic and accuracy test, and the steps that were taken
2220 to address the errors.;
2221 3. All ballot printing errors, vote-by-mail ballot mailing
2222 errors, or ballot supply problems, and the steps that were taken
2223 to address the errors or problems.;
2224 4. All staffing shortages or procedural violations by
2225 employees or precinct workers which were addressed by the
2226 supervisor of elections or the county canvassing board during
2227 the conduct of the election, and the steps that were taken to
2228 correct such issues.;
2229 5. All instances where needs for staffing or equipment were
2230 insufficient to meet the needs of the voters.; and
2231 6. Any additional information regarding material issues or
2232 problems associated with the conduct of the election.
2233 (b) If a supervisor discovers new or additional information
2234 on any of the items required to be included in the report
2235 pursuant to paragraph (a) after the report is filed, the
2236 supervisor must shall notify the division that new information
2237 has been discovered no later than the next business day after
2238 the discovery, and the supervisor must shall file an amended
2239 report signed by the supervisor of elections on the conduct of
2240 the election within 10 days after the discovery.
2241 (c) Such reports must shall be maintained on file in the
2242 Division of Elections and must shall be available for public
2243 inspection.
2244 (d) The division shall review the conduct of election
2245 reports utilize the reports submitted by the canvassing boards
2246 to determine what problems may be likely to occur in other
2247 elections and disseminate such information, along with possible
2248 solutions and training, to the supervisors of elections.
2249 (e) The department shall submit the analysis of these
2250 reports for the general election as part of the consolidated
2251 reports required under ss. 101.591 and 101.595 to the Governor,
2252 the President of the Senate, and the Speaker of the House of
2253 Representatives by February 15 of each year following a general
2254 election.
2255 Section 35. Section 103.021, Florida Statutes, is amended
2256 to read:
2257 103.021 Nomination for presidential electors.—Candidates
2258 for presidential electors shall be nominated in the following
2259 manner:
2260 (1)(a) The Governor shall nominate the presidential
2261 electors of each political party. The state executive committee
2262 of each political party shall by resolution recommend candidates
2263 for presidential electors and deliver a certified copy thereof
2264 to the Governor no later than noon on August 24 before September
2265 1 of each presidential election year. The Governor shall
2266 nominate only the electors recommended by the state executive
2267 committee of the respective political party.
2268 (b) The state executive committee of each political party
2269 shall submit the Florida voter registration number and contact
2270 information of each presidential elector. Each such presidential
2271 elector must shall be a qualified registered voter of this state
2272 and member elector of the party he or she represents who has
2273 taken a written an oath that he or she will vote for the
2274 candidates of the party that he or she is nominated to
2275 represent.
2276 (c) The Governor shall certify to the Department of State
2277 no later than 5 p.m. on August 24 or before September 1, in each
2278 presidential election year, the names of a number of electors
2279 for each political party equal to the number of senators and
2280 representatives which this state has in Congress.
2281 (2) The names of the presidential electors may shall not be
2282 printed on the general election ballot, but the names of the
2283 actual candidates for President and Vice President for whom the
2284 presidential electors will vote if elected must shall be printed
2285 on the ballot in the order in which the party of which the
2286 candidate is a nominee polled the highest number of votes for
2287 Governor in the last general election.
2288 (3) Candidates for President and Vice President with no
2289 party affiliation may have their names printed on the general
2290 election ballots if a petition is signed by 1 percent of the
2291 registered voters electors of this state, as shown by the
2292 compilation by the Department of State for the last preceding
2293 general election. A separate petition from each county for which
2294 signatures are solicited shall be submitted to the supervisor of
2295 elections of the respective county no later than noon on July 15
2296 of each presidential election year. The supervisor shall check
2297 the names and, on or before the date of the primary election,
2298 shall certify the number shown as registered voters electors of
2299 the county. The supervisor shall be paid by the person
2300 requesting the certification the cost of checking the petitions
2301 as prescribed in s. 99.097. The supervisor shall then forward
2302 the certificate to the Department of State which shall determine
2303 whether or not the percentage factor required in this section
2304 has been met. When the percentage factor required in this
2305 section has been met, the Department of State shall order the
2306 names of the candidates for whom the petition was circulated to
2307 be included on the ballot and shall allow permit the required
2308 number of persons to be certified as presidential electors in
2309 the same manner as party candidates.
2310 (4)(a) A minor political party that is affiliated with a
2311 national party holding a national convention to nominate
2312 candidates for President and Vice President of the United States
2313 may have the names of its candidates for President and Vice
2314 President of the United States printed on the general election
2315 ballot by filing with the Department of State a certificate
2316 naming the candidates for President and Vice President and
2317 listing the required number of persons to serve as presidential
2318 electors. Notification to the Department of State under this
2319 subsection must shall be made no later than 5 p.m. on August 24
2320 by September 1 of the year in which the general election is
2321 held. When the Department of State has been so notified, it
2322 shall order the names of the candidates nominated by the minor
2323 political party to be included on the ballot and shall allow
2324 permit the required number of persons to be certified as
2325 presidential electors in the same manner as other party
2326 candidates. As used in this section, the term “national party”
2327 means a political party that is registered with and recognized
2328 as a qualified national committee of a political party by the
2329 Federal Election Commission.
2330 (b) A minor political party that is not affiliated with a
2331 national party holding a national convention to nominate
2332 candidates for President and Vice President of the United States
2333 may have the names of its candidates for President and Vice
2334 President printed on the general election ballot if a petition
2335 is signed by 1 percent of the registered voters electors of this
2336 state, as shown by the compilation by the Department of State
2337 for the preceding general election. A separate petition from
2338 each county for which signatures are solicited must shall be
2339 submitted to the supervisors of elections of the respective
2340 county no later than noon on July 15 of each presidential
2341 election year. The supervisor shall check the names and, on or
2342 before the date of the primary election, shall certify the
2343 number shown as registered voters electors of the county. The
2344 supervisor shall be paid by the person requesting the
2345 certification the cost of checking the petitions as prescribed
2346 in s. 99.097. The supervisor shall then forward the certificate
2347 to the Department of State, which shall determine whether or not
2348 the percentage factor required in this section has been met.
2349 When the percentage factor required in this section has been
2350 met, the Department of State shall order the names of the
2351 candidates for whom the petition was circulated to be included
2352 on the ballot and shall allow permit the required number of
2353 persons to be certified as presidential electors in the same
2354 manner as other party candidates.
2355 (5) When for any reason a person nominated or elected as a
2356 presidential elector is unable to serve because of death,
2357 incapacity, or otherwise, the Governor may appoint a person to
2358 fill such vacancy who possesses the qualifications required for
2359 the elector to have been nominated in the first instance. Such
2360 person shall file with the Governor a written an oath that he or
2361 she will support the same candidates for President and Vice
2362 President that the person who is unable to serve was committed
2363 to support.
2364 (6) A presidential elector’s refusal or failure to vote for
2365 the candidates for President and Vice President of the party the
2366 presidential elector was nominated to represent constitutes his
2367 or her resignation of the position. The vote he or she cast may
2368 not be recorded, and his or her position as a presidential
2369 elector must be filled as provided in subsection (5).
2370 Section 36. Section 103.022, Florida Statutes, is amended
2371 to read:
2372 103.022 Write-in candidates for President and Vice
2373 President.—
2374 (1) Persons seeking to qualify for election as write-in
2375 candidates for President and Vice President of the United States
2376 may have a blank space provided on the general election ballot
2377 for their names to be written in by filing an oath with the
2378 Department of State at any time after the 57th day, but before
2379 noon of the 49th day, before prior to the date of the primary
2380 election in the year in which a presidential election is held.
2381 (2) The Department of State shall prescribe the form to be
2382 used in administering the oath.
2383 (3) The write-in candidates shall file with the department
2384 a certificate naming the required number of persons to serve as
2385 electors. The write-in candidates shall submit the Florida voter
2386 registration number and contact information for each
2387 presidential elector. Each presidential elector must be a
2388 qualified registered voter of this state. Such write-in
2389 candidates are shall not be entitled to have their names on the
2390 ballot.
2391 Section 37. Subsection (4) of section 103.091, Florida
2392 Statutes, is amended to read:
2393 103.091 Political parties.—
2394 (4) Any political party other than a minor political party
2395 may by rule provide for the membership of its state or county
2396 executive committee to be elected for 4-year terms at the
2397 primary election in each year a presidential election is held.
2398 The terms shall commence on the first day of the month following
2399 each presidential general election; but the names of candidates
2400 for political party offices may shall not be placed on the
2401 ballot at any other election. The results of such election are
2402 shall be determined by a plurality of the votes cast. In such
2403 event, electors seeking to qualify for such office shall do so
2404 with the Department of State or supervisor of elections not
2405 earlier than noon of the 71st day, or later than noon of the
2406 67th day, preceding the primary election. A qualifying office
2407 may accept and hold qualifying papers submitted not earlier than
2408 14 days before the beginning of the qualifying period, to be
2409 processed and filed during the qualifying period. The outgoing
2410 chair of each county executive committee shall, within 30 days
2411 after the committee members take office, hold an organizational
2412 meeting of all newly elected members for the purpose of electing
2413 officers. The chair of each state executive committee shall,
2414 within 60 days after the committee members take office, hold an
2415 organizational meeting of all newly elected members for the
2416 purpose of electing officers.
2417 Section 38. Section 104.16, Florida Statutes, is amended to
2418 read:
2419 104.16 Voting fraudulent ballot.—
2420 (1) Any elector who knowingly votes or attempts to vote a
2421 fraudulent ballot, or any person who knowingly solicits, or
2422 attempts, to vote a fraudulent ballot, is guilty of a felony of
2423 the third degree, punishable as provided in s. 775.082, s.
2424 775.083, or s. 775.084.
2425 (2) Subsection (1) does not apply to an elector to whom
2426 notice has been sent pursuant to s. 98.075(7) and who votes a
2427 provisional ballot or vote-by-mail ballot before a final
2428 determination of eligibility is made.
2429 Section 39. Section 104.18, Florida Statutes, is amended to
2430 read:
2431 104.18 Casting more than one ballot at any election.—
2432 (1) Except as provided in s. 101.6952, whoever willfully
2433 votes more than one ballot at any election commits a felony of
2434 the third degree, punishable as provided in s. 775.082, s.
2435 775.083, or s. 775.084. In any prosecution under this section,
2436 the prosecution may proceed in any jurisdiction in which one of
2437 the ballots was willfully cast, and it is not necessary to prove
2438 which of the ballots was cast first.
2439 (2) For purposes of this section, the term “votes more than
2440 one ballot at any election” means an occurrence of any of the
2441 following:
2442 (a) Voting more than once in the same election within a
2443 county located within this state.
2444 (b) Voting more than once in the same election by voting in
2445 two or more counties located in this state.
2446 (c) Voting more than once in the same election by voting in
2447 this state and in one or more other states or territories of the
2448 United States.
2449 Section 40. Subsection (1) of section 104.42, Florida
2450 Statutes, is amended to read:
2451 104.42 Fraudulent registration and illegal voting;
2452 investigation.—
2453 (1) The supervisor of elections is authorized to
2454 investigate fraudulent registrations and illegal voting and to
2455 report his or her findings to the local state attorney and the
2456 Office of Election Crimes and Security Florida Elections
2457 Commission.
2458 Section 41. Paragraph (c) is added to subsection (4) of
2459 section 105.031, Florida Statutes, to read:
2460 105.031 Qualification; filing fee; candidate’s oath; items
2461 required to be filed.—
2462 (4) CANDIDATE’S OATH.—
2463 (c) In addition, each candidate for judicial office shall,
2464 at the time of subscribing to the oath or affirmation, state in
2465 writing whether he or she owes any outstanding fines, fees, or
2466 penalties that cumulatively exceed $250 for any violations of s.
2467 8, Art. II of the State Constitution, the Code of Ethics for
2468 Public Officers and Employees under part III of chapter 112, any
2469 local ethics ordinance governing standards of conduct and
2470 disclosure requirements, or chapter 106. If the candidate owes
2471 any outstanding fines, fees, or penalties exceeding the
2472 threshold amount specified in this paragraph, he or she must
2473 also specify the amount owed and each entity that levied such
2474 fine, fee, or penalty. For purposes of this paragraph, any such
2475 fines, fees, or penalties that have been paid in full at the
2476 time of subscribing to the oath or affirmation are not deemed to
2477 be outstanding.
2478 Section 42. Subsection (1) and paragraph (c) of subsection
2479 (8) of section 106.07, Florida Statutes, are amended to read:
2480 106.07 Reports; certification and filing.—
2481 (1) Each campaign treasurer designated by a candidate or
2482 political committee pursuant to s. 106.021 shall file regular
2483 reports of all contributions received, and all expenditures
2484 made, by or on behalf of such candidate or political committee.
2485 Except for the third calendar quarter immediately preceding a
2486 general election as provided in paragraphs (a) and (b), reports
2487 must shall be filed on the 10th day following the end of each
2488 calendar quarter month from the time the campaign treasurer is
2489 appointed, except that, if the 10th day following the end of a
2490 calendar quarter month occurs on a Saturday, Sunday, or legal
2491 holiday, the report must shall be filed on the next following
2492 day that is not a Saturday, Sunday, or legal holiday. Quarterly
2493 Monthly reports must shall include all contributions received
2494 and expenditures made during the calendar quarter month which
2495 have not otherwise been reported pursuant to this section.
2496 (a) A statewide candidate or a political committee required
2497 to file reports with the division must file reports:
2498 1. On the 60th day immediately preceding the primary
2499 election, and each week thereafter, with the last weekly report
2500 being filed on the 4th day immediately preceding the general
2501 election.
2502 2. On the 10th day immediately preceding the general
2503 election, and each day thereafter, with the last daily report
2504 being filed the 5th day immediately preceding the general
2505 election.
2506 (b) Any other candidate or a political committee required
2507 to file reports with a filing officer other than the division
2508 must file reports on the 60th day immediately preceding the
2509 primary election, and biweekly on each Friday thereafter through
2510 and including the 4th day immediately preceding the general
2511 election, with additional reports due on the 25th and 11th days
2512 before the primary election and the general election.
2513 (c) Following the last day of qualifying for office, any
2514 unopposed candidate need only file a report within 90 days after
2515 the date such candidate became unopposed. Such report shall
2516 contain all previously unreported contributions and expenditures
2517 as required by this section and shall reflect disposition of
2518 funds as required by s. 106.141.
2519 (d)1. When a special election is called to fill a vacancy
2520 in office, all political committees making contributions or
2521 expenditures to influence the results of such special election
2522 or the preceding special primary election shall file campaign
2523 treasurers’ reports with the filing officer on the dates set by
2524 the Department of State pursuant to s. 100.111.
2525 2. When an election is called for an issue to appear on the
2526 ballot at a time when no candidates are scheduled to appear on
2527 the ballot, all political committees making contributions or
2528 expenditures in support of or in opposition to such issue shall
2529 file reports on the 18th and 4th days before such election.
2530 (e) The filing officer shall provide each candidate with a
2531 schedule designating the beginning and end of reporting periods
2532 as well as the corresponding designated due dates.
2533 (f) A county, a municipality, or any other local
2534 governmental entity is expressly preempted from enacting or
2535 adopting a reporting schedule that differs from the requirements
2536 established in this subsection.
2537 (8)
2538 (c) Any candidate or chair of a political committee may
2539 appeal or dispute the fine, based upon, but not limited to,
2540 unusual circumstances surrounding the failure to file on the
2541 designated due date, and may request and shall be entitled to a
2542 hearing before the Florida Elections Commission, which shall
2543 have the authority to waive the fine in whole or in part. The
2544 Florida Elections Commission must consider the mitigating and
2545 aggravating circumstances contained in s. 106.265(3) s.
2546 106.265(2) when determining the amount of a fine, if any, to be
2547 waived. Any such request shall be made within 20 days after
2548 receipt of the notice of payment due. In such case, the
2549 candidate or chair of the political committee shall, within the
2550 20-day period, notify the filing officer in writing of his or
2551 her intention to bring the matter before the commission.
2552 Section 43. Paragraph (c) of subsection (7) of section
2553 106.0702, Florida Statutes, is amended to read:
2554 106.0702 Reporting; political party executive committee
2555 candidates.—
2556 (7)
2557 (c) A reporting individual may appeal or dispute the fine,
2558 based upon, but not limited to, unusual circumstances
2559 surrounding the failure to file on the designated due date, and
2560 may request and is entitled to a hearing before the Florida
2561 Elections Commission, which has the authority to waive the fine
2562 in whole or in part. The Florida Elections Commission must
2563 consider the mitigating and aggravating circumstances contained
2564 in s. 106.265(3) s. 106.265(2) when determining the amount of a
2565 fine, if any, to be waived. Any such request shall be made
2566 within 20 days after receipt of the notice of payment due. In
2567 such case, the reporting individual must, within 20 days after
2568 receipt of the notice, notify the supervisor in writing of his
2569 or her intention to bring the matter before the commission.
2570 Section 44. Paragraph (a) of subsection (1) and paragraph
2571 (c) of subsection (7) of section 106.0703, Florida Statutes, are
2572 amended to read:
2573 106.0703 Electioneering communications organizations;
2574 reporting requirements; certification and filing; penalties.—
2575 (1)(a) Each electioneering communications organization
2576 shall file regular reports of all contributions received and all
2577 expenditures made by or on behalf of the organization. Except
2578 for the third calendar quarter immediately preceding a general
2579 election as provided in paragraphs (b) and (c), reports must be
2580 filed on the 10th day following the end of each calendar quarter
2581 month from the time the organization is registered. However, if
2582 the 10th day following the end of a calendar quarter month
2583 occurs on a Saturday, Sunday, or legal holiday, the report must
2584 be filed on the next following day that is not a Saturday,
2585 Sunday, or legal holiday. Quarterly Monthly reports must include
2586 all contributions received and expenditures made during the
2587 calendar quarter month that have not otherwise been reported
2588 pursuant to this section.
2589 (7)
2590 (c) The treasurer of an electioneering communications
2591 organization may appeal or dispute the fine, based upon, but not
2592 limited to, unusual circumstances surrounding the failure to
2593 file on the designated due date, and may request and shall be
2594 entitled to a hearing before the Florida Elections Commission,
2595 which shall have the authority to waive the fine in whole or in
2596 part. The Florida Elections Commission must consider the
2597 mitigating and aggravating circumstances contained in s.
2598 106.265(3) s. 106.265(2) when determining the amount of a fine,
2599 if any, to be waived. Any such request shall be made within 20
2600 days after receipt of the notice of payment due. In such case,
2601 the treasurer of the electioneering communications organization
2602 shall, within the 20-day period, notify the filing officer in
2603 writing of his or her intention to bring the matter before the
2604 commission.
2605 Section 45. Paragraph (b) of subsection (2) of section
2606 106.08, Florida Statutes, is amended to read:
2607 106.08 Contributions; limitations on.—
2608 (2)
2609 (b) A candidate for statewide office may not accept
2610 contributions from national, state, or county executive
2611 committees of a political party, including any subordinate
2612 committee of the political party, or affiliated party
2613 committees, which contributions in the aggregate exceed
2614 $250,000. Polling services, research services, costs for
2615 campaign staff, professional consulting services, and telephone
2616 calls, and text messages are not contributions to be counted
2617 toward the contribution limits of paragraph (a) or this
2618 paragraph. Any item not expressly identified in this paragraph
2619 as nonallocable is a contribution in an amount equal to the fair
2620 market value of the item and must be counted as allocable toward
2621 the contribution limits of paragraph (a) or this paragraph.
2622 Nonallocable, in-kind contributions must be reported by the
2623 candidate under s. 106.07 and by the political party or
2624 affiliated party committee under s. 106.29.
2625 Section 46. Section 106.1436, Florida Statutes, is created
2626 to read:
2627 106.1436 Voter guide; disclaimers; violations.—
2628 (1) As used in this section, the term “voter guide” means
2629 direct mail that is either an electioneering communication or a
2630 political advertisement sent for the purpose of advocating for
2631 or endorsing particular issues or candidates by recommending
2632 specific electoral choices to the voter or by indicating issue
2633 or candidate selections on an unofficial ballot. The term does
2634 not apply to direct mail or publications made by governmental
2635 entities or government officials in their official capacity.
2636 (2) A person may not, directly or indirectly, represent
2637 that a voter guide is an official publication of a political
2638 party unless such person is given written permission pursuant to
2639 s. 103.081.
2640 (3) A voter guide circulated before, or on the day of, an
2641 election must, in bold font with a font size of at least 12
2642 point, prominently:
2643 (a) Display the following disclaimer at the top of the
2644 first page of the voter guide:
2645 1. If the voter guide is an electioneering communication,
2646 the disclaimer required under s. 106.1439; or
2647 2. If the voter guide is a political advertisement, the
2648 disclaimer required under s. 106.143.
2649 (b) Be marked “Voter Guide” with such text appearing
2650 immediately below the disclaimer required in paragraph (a).
2651 (4)(a) In addition to any other penalties provided by law,
2652 a person who fails to comply with this section commits a
2653 misdemeanor of the first degree, punishable as provided in s.
2654 775.082 or by a fine of not less than $25 for each individual
2655 voter guide distributed.
2656 (b) Any fine imposed pursuant to paragraph (a) may not
2657 exceed $2,500 in the aggregate in any calendar month.
2658 Section 47. Present subsections (2) through (6) of section
2659 106.265, Florida Statutes, are redesignated as subsections (3)
2660 through (7), respectively, subsection (1) of that section is
2661 amended, and a new subsection (2) is added to that section, to
2662 read:
2663 106.265 Civil penalties.—
2664 (1)(a) The commission or, in cases referred to the Division
2665 of Administrative Hearings pursuant to s. 106.25(5), the
2666 administrative law judge is authorized upon the finding of a
2667 violation of this chapter or chapter 104 to impose civil
2668 penalties in the form of fines not to exceed $2,500 $1,000 per
2669 count. The fine must be multiplied by a factor of 3, not to
2670 exceed $7,500, for each subsequent count of the same category,
2671 beginning with the fourth offense., or,
2672 (b) If applicable, the commission or the administrative law
2673 judge may instead to impose a civil penalty as provided in s.
2674 104.271 or s. 106.19.
2675 (2) A fine imposed against a political committee jointly
2676 and severally attaches to the chair of the political committee,
2677 the treasurer of the political committee, and any other person
2678 with control over the political committee. Collection of the
2679 fine from individuals may occur only if the political committee
2680 does not pay the fine within 30 days.
2681 Section 48. Paragraph (e) of subsection (4) of section
2682 322.142, Florida Statutes, is amended to read:
2683 322.142 Color photographic or digital imaged licenses.—
2684 (4) The department may maintain a film negative or print
2685 file. The department shall maintain a record of the digital
2686 image and signature of the licensees, together with other data
2687 required by the department for identification and retrieval.
2688 Reproductions from the file or digital record are exempt from
2689 the provisions of s. 119.07(1) and may be made and issued only:
2690 (e) To the Department of State or a supervisor of elections
2691 pursuant to an interagency agreement to facilitate
2692 determinations of eligibility of voter registration applicants
2693 and registered voters in accordance with ss. 98.045 and 98.075;
2694 Section 49. This act shall take effect July 1, 2023.