Bill Amendment: FL S0090 | 2021 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Elections

Status: 2021-05-06 - Chapter No. 2021-11 [S0090 Detail]

Download: Florida-2021-S0090-Senate_Floor_Substitue_Amendment_135350_to_Amendment_868964_.html

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       Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 90
       
       
       
       
       
       
                                Ì135350wÎ135350                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Berman moved the following:
       
    1         Senate Substitute for Amendment (868964) (with title
    2  amendment)
    3  
    4         Delete lines 350 - 360
    5  and insert:
    6         Section 4. Effective January 1, 2022, section 97.057,
    7  Florida Statutes, is amended to read:
    8         97.057 Voter registration by the Department of Highway
    9  Safety and Motor Vehicles.—
   10         (1) Each of the following serves as an application The
   11  Department of Highway Safety and Motor Vehicles shall provide
   12  the opportunity to register to vote or to update a voter
   13  registration record when submitted to the Department of Highway
   14  Safety and Motor Vehicles to each individual who comes to an
   15  office of that department to:
   16         (a) An application Apply for a driver license or a renewal
   17  of renew a driver license;
   18         (b) An application Apply for an identification card
   19  pursuant to chapter 322 or a renewal of renew an identification
   20  card pursuant to chapter 322; or
   21         (c) An application for a change of an address on an
   22  existing driver license or identification card.
   23  
   24  Unless the applicant opts out of registering to vote or to
   25  updating his or her voter registration record, he or she is
   26  deemed to have consented to the use of the signature from his or
   27  her driver license or identification card application for voter
   28  registration purposes.
   29         (2) An application for a driver license or an
   30  identification card must include a voter registration component.
   31  The voter registration component must be approved by the
   32  Department of State. The voter registration component of a
   33  driver license or identification card application must contain:
   34         (a) The minimum amount of information necessary to prevent
   35  duplicate voter registrations and preserve the ability of the
   36  department and supervisors of elections to assess the
   37  eligibility of the applicant and administer voter registration
   38  and other provisions of this code.
   39         (b) A statement setting forth voting eligibility
   40  requirements.
   41         (c) An explanation that the applicant is consenting, for
   42  voter registration purposes, to the use of his or her signature
   43  from the applicant’s driver license or identification card
   44  application. By consenting to the use of his or her signature,
   45  the applicant is deemed to have subscribed to the oath required
   46  by s. 3, Art. VI of the State Constitution and s. 97.051 and to
   47  have sworn and affirmed that the voter registration information
   48  contained in the application is true under penalty for false
   49  swearing pursuant to s. 104.011.
   50         (d) An option that allows the applicant to choose or update
   51  a party affiliation; otherwise, an applicant who is initially
   52  registering to vote and does not exercise such option shall be
   53  registered without party affiliation in accordance with s.
   54  97.053(5)(b).
   55         (e) An option that allows the applicant to opt out of
   56  registering to vote or to opt out of updating his or her voter
   57  registration record. The Department of Highway Safety and Motor
   58  Vehicles shall note that the applicant has opted out in its
   59  records and forward such information to the Department of State.
   60  Any declination may be used only for voter registration purposes
   61  and is confidential and exempt from public records requirements
   62  as provided in s. 97.0585.
   63         (3) The Department of Highway Safety and Motor Vehicles
   64  shall:
   65         (a) Develop a voter registration component for applications
   66  which meets the requirements set forth in subsection (2). Notify
   67  each individual, orally or in writing, that:
   68         1. Information gathered for the completion of a driver
   69  license or identification card application, renewal, or change
   70  of address can be automatically transferred to a voter
   71  registration application;
   72         2. If additional information and a signature are provided,
   73  the voter registration application will be completed and sent to
   74  the proper election authority;
   75         3. Information provided can also be used to update a voter
   76  registration record;
   77         4. All declinations will remain confidential and may be
   78  used only for voter registration purposes; and
   79         5. The particular driver license office in which the person
   80  applies to register to vote or updates a voter registration
   81  record will remain confidential and may be used only for voter
   82  registration purposes.
   83         (b) Require a driver license examiner to inquire orally or,
   84  if the applicant is hearing impaired, inquire in writing whether
   85  the applicant wishes to register to vote or update a voter
   86  registration record during the completion of a driver license or
   87  identification card application, renewal, or change of address.
   88         1. If the applicant chooses to register to vote or to
   89  update a voter registration record:
   90         a. All applicable information received by the Department of
   91  Highway Safety and Motor Vehicles in the course of filling out
   92  the forms necessary under subsection (1) must be transferred to
   93  a voter registration application.
   94         b. The additional necessary information must be obtained by
   95  the driver license examiner and must not duplicate any
   96  information already obtained while completing the forms required
   97  under subsection (1).
   98         c. A voter registration application with all of the
   99  applicant’s voter registration information required to establish
  100  the applicant’s eligibility pursuant to s. 97.041 must be
  101  presented to the applicant to review and verify the voter
  102  registration information received and provide an electronic
  103  signature affirming the accuracy of the information provided.
  104         2. If the applicant declines to register to vote, update
  105  the applicant’s voter registration record, or change the
  106  applicant’s address by either orally declining or by failing to
  107  sign the voter registration application, the Department of
  108  Highway Safety and Motor Vehicles must note such declination on
  109  its records and shall forward the declination to the statewide
  110  voter registration system.
  111         (3) For the purpose of this section, the Department of
  112  Highway Safety and Motor Vehicles, with the approval of the
  113  Department of State, shall prescribe:
  114         (a) A voter registration application that is the same in
  115  content, format, and size as the uniform statewide voter
  116  registration application prescribed under s. 97.052; and
  117         (b) A form that will inform applicants under subsection (1)
  118  of the information contained in paragraph (2)(a).
  119         (4) The Department of Highway Safety and Motor Vehicles
  120  must Electronically transmit the voter registration component of
  121  an applicant’s driver license or identification card application
  122  to the Department of State completed voter registration
  123  applications within 24 hours after receipt to the statewide
  124  voter registration system. Upon receipt of the voter
  125  registration component, the Department of State shall provide
  126  the information to the supervisor of the county in which the
  127  applicant is registering Completed paper voter registration
  128  applications received by the Department of Highway Safety and
  129  Motor Vehicles shall be forwarded within 5 days after receipt to
  130  the supervisor of the county where the office that processed or
  131  received that application is located.
  132         (5) The Department of Highway Safety and Motor Vehicles
  133  must send, with each driver license renewal extension
  134  application authorized pursuant to s. 322.18(8), a uniform
  135  statewide voter registration application, the voter registration
  136  application prescribed under paragraph (3)(a), or a voter
  137  registration application developed especially for the purposes
  138  of this subsection by the Department of Highway Safety and Motor
  139  Vehicles, with the approval of the Department of State, which
  140  must meet the requirements of s. 97.052.
  141         (4)(6) A person providing voter registration services for a
  142  driver license office may not:
  143         (a) Seek to influence an applicant’s political preference
  144  or party registration;
  145         (b) Display any political preference or party allegiance;
  146         (c) Make any statement to an applicant or take any action
  147  the purpose or effect of which is to discourage the applicant
  148  from registering to vote; or
  149         (d) Disclose any applicant’s voter registration information
  150  except as needed for the administration of voter registration.
  151         (5)(7) The Department of Highway Safety and Motor Vehicles
  152  shall collect data determined necessary by the Department of
  153  State for program evaluation and reporting to the Election
  154  Assistance Commission pursuant to federal law.
  155         (6)(8) The Department of Highway Safety and Motor Vehicles
  156  shall must ensure that all voter registration services provided
  157  by driver license offices are in compliance with the Voting
  158  Rights Act of 1965.
  159         (7)(9) The Department of Highway Safety and Motor Vehicles
  160  shall retain complete records of voter registration information
  161  received, processed, and submitted to the Department of State
  162  statewide voter registration system by the Department of Highway
  163  Safety and Motor Vehicles. The maintenance of such These records
  164  is shall be for the explicit purpose of supporting audit and
  165  accounting controls established to ensure accurate and complete
  166  electronic transmission of records between the Department of
  167  State statewide voter registration system and the Department of
  168  Highway Safety and Motor Vehicles.
  169         (8)(10) The Department of State shall provide the
  170  Department of Highway Safety and Motor Vehicles with an
  171  electronic database of street addresses valid for use as the
  172  address of legal residence as required in s. 97.053(5). The
  173  Department of Highway Safety and Motor Vehicles shall compare
  174  the address provided by the applicant against the database of
  175  valid street addresses. If the address provided by the applicant
  176  does not match a valid street address in the database, the
  177  applicant will be asked to verify the address provided. The
  178  Department of Highway Safety and Motor Vehicles may shall not
  179  reject any application for voter registration for which a valid
  180  match cannot be made.
  181         (9)(11) The Department of Highway Safety and Motor Vehicles
  182  shall enter into an agreement with the Department of State to
  183  match information in the statewide voter registration system
  184  with information in the database of the Department of Highway
  185  Safety and Motor Vehicles to the extent required to verify the
  186  accuracy of the driver license number, Florida identification
  187  number, or last four digits of the social security number
  188  provided on applications for voter registration as required in
  189  s. 97.053.
  190         (10)(12) The Department of Highway Safety and Motor
  191  Vehicles shall enter into an agreement with the Commissioner of
  192  Social Security as required by the Help America Vote Act of 2002
  193  to verify the last four digits of the social security number
  194  provided in applications for voter registration as required in
  195  s. 97.053.
  196         Section 5. Effective January 1, 2022, paragraph (b) of
  197  subsection (4) of section 98.045, Florida Statutes, is amended
  198  to read:
  199         98.045 Administration of voter registration.—
  200         (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
  201  STREET ADDRESSES.—
  202         (b) The department shall make the statewide database of
  203  valid street addresses available to the Department of Highway
  204  Safety and Motor Vehicles as provided in s. 97.057(8) s.
  205  97.057(10). The Department of Highway Safety and Motor Vehicles
  206  shall use the database for purposes of validating the legal
  207  residential addresses provided in voter registration
  208  applications received by the Department of Highway Safety and
  209  Motor Vehicles.
  210  
  211  ================= T I T L E  A M E N D M E N T ================
  212  And the title is amended as follows:
  213         Delete lines 15 - 19
  214  and insert:
  215         F.S.; revising procedures governing voter registration
  216         by the Department of Highway Safety and Motor
  217         Vehicles; providing that driver license or
  218         identification card applications, driver license or
  219         identification card renewal applications, and
  220         applications for changes of address for existing
  221         driver licenses or identification cards submitted to
  222         the department serve as voter registration
  223         applications; specifying that an applicant is deemed
  224         to have consented to the use of his or her signature
  225         for voter registration purposes, unless the applicant
  226         opts out; requiring specified applications to include
  227         a voter registration component, subject to approval by
  228         the Department of State; specifying requirements for
  229         the voter registration component; providing for the
  230         transmittal of voter registration information to the
  231         Department of State and supervisors of elections;
  232         amending s. 98.045, F.S.; conforming a cross
  233         reference; amending s.