Bill Text: FL S0524 | 2022 | Regular Session | Enrolled
Bill Title: Election Administration
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2022-04-26 - Chapter No. 2022-73 [S0524 Detail]
Download: Florida-2022-S0524-Enrolled.html
ENROLLED
2022 Legislature CS for CS for SB 524, 1st Engrossed
2022524er
1
2 An act relating to election administration; amending
3 s. 15.21, F.S.; requiring the Secretary of State to
4 notify the Attorney General if signatures required for
5 an initiative petition are no longer valid;
6 authorizing the Secretary of State to resubmit the
7 initiative petition to the Attorney General if certain
8 conditions are met; amending s. 16.061, F.S.;
9 requiring the Attorney General to withdraw his or her
10 petition for an advisory opinion by the Supreme Court
11 if notified by the Secretary of State that the
12 initiative petition no longer meets the criteria for
13 review; requiring the Attorney General to file a new
14 petition for an advisory opinion if the initiative
15 petition subsequently qualifies for review; creating
16 s. 97.022, F.S.; creating the Office of Election
17 Crimes and Security within the Department of State;
18 specifying the duties and structure of the office;
19 providing for construction; requiring the department
20 to annually report to the Governor and Legislature
21 regarding the office’s activities; specifying
22 requirements for such report; amending s. 97.0291,
23 F.S.; clarifying provisions governing the prohibition
24 on the solicitation, acceptance, use, and disposal of
25 private funds for certain election-related expenses;
26 amending s. 97.052, F.S.; adding requirements to the
27 uniform statewide voter registration application;
28 amending s. 97.057, F.S.; conforming a cross
29 reference; amending s. 97.0575, F.S.; deleting a
30 requirement that a third-party voter registration
31 organization provide a certain notification to an
32 applicant; revising a limitation on the amount of
33 aggregate fines which may be assessed against a third
34 party voter registration organization in a calendar
35 year; specifying that a third-party voter registration
36 organization is liable for a certain fine if a person
37 collecting voter registration applications on its
38 behalf is convicted of unlawfully altering any
39 application; amending s. 98.065, F.S.; revising the
40 frequency with which supervisors of elections must
41 conduct a registration list maintenance program;
42 modifying required components of registration list
43 maintenance programs; conforming provisions to changes
44 made by the act; amending s. 98.0655, F.S.; revising
45 requirements for certain registration list maintenance
46 forms to be prescribed by the Department of State;
47 amending s. 98.075, F.S.; requiring the Department of
48 State to identify deceased registered voters using
49 information received by specified agencies; amending
50 s. 98.093, F.S.; requiring clerks of the circuit court
51 and the Department of Highway Safety and Motor
52 Vehicles to furnish additional information to the
53 Department of State on a monthly basis; amending s.
54 100.041, F.S.; providing an exception to certain
55 county commissioner election requirements for certain
56 districts; amending s. 100.371, F.S.; revising duties
57 of the supervisor with respect to the processing and
58 retention of initiative petition forms; requiring the
59 supervisor to post additional information regarding
60 petition forms on his or her website; requiring the
61 Secretary of State to notify the Financial Impact
62 Estimating Conference if the signatures for an
63 initiative petition are no longer valid; specifying
64 conditions under which the Financial Impact Estimating
65 Conference does not need to complete an analysis and
66 financial impact statement for an initiative petition;
67 creating s. 101.019, F.S.; prohibiting the use of
68 ranked-choice voting to determine election or
69 nomination to elective office; voiding existing or
70 future local ordinances authorizing the use of ranked
71 choice voting; amending s. 101.043, F.S.; deleting a
72 provision that prohibits using an address appearing on
73 identification presented by an elector as a basis to
74 confirm an elector’s legal residence; deleting a
75 provision that prohibits a clerk or an inspector from
76 asking an elector to provide additional identification
77 information under specified circumstances; amending s.
78 101.051, F.S.; replacing references to “secure drop
79 boxes” with “secure ballot intake stations”;
80 conforming terminology to changes made by the act;
81 amending s. 101.151, F.S.; revising requirements for
82 Department of State rules regarding certified voting
83 systems and ballot specifications; amending s.
84 101.5614, F.S.; requiring specified individuals
85 observing the ballot duplication process to sign a
86 specified affidavit acknowledging certain criminal
87 penalties; prohibiting persons authorized to observe,
88 review, or inspect ballot materials or observe
89 canvassing from releasing certain information about an
90 election before the closing of the polls; providing
91 criminal penalties; amending s. 101.6103, F.S.;
92 conforming certain provisions governing the Mail
93 Ballot Election Act to provisions applicable to the
94 mailing and canvassing of vote-by-mail ballots;
95 amending s. 101.65, F.S.; conforming terminology to
96 changes made by the act; amending s. 101.655, F.S.;
97 revising the date by which requests for supervised
98 voting must be submitted to the supervisor; amending
99 s. 101.69, F.S.; revising requirements for permanent
100 branch offices of the supervisor which may be used as
101 secure ballot intake station locations; conforming
102 terminology to changes made by the act; amending s.
103 102.031, F.S.; conforming terminology to changes made
104 by the act; amending s. 102.091, F.S.; requiring the
105 Governor, in consultation with the executive director
106 of the Department of Law Enforcement, to appoint
107 special officers to investigate election law
108 violations; specifying requirements for such special
109 officers; providing construction; amending s. 102.101,
110 F.S.; prohibiting a special officer from entering a
111 polling place; providing exceptions; amending s.
112 104.0616, F.S.; increasing criminal penalties for
113 certain unlawful acts involving vote-by-mail ballots;
114 amending s. 104.185, F.S.; increasing criminal
115 penalties for a person who signs another person’s name
116 or a fictitious name on specified petitions; amending
117 s. 104.186, F.S.; increasing criminal penalties for a
118 person who unlawfully compensates a petition
119 circulator based on the number of petition forms
120 gathered; amending s. 124.011, F.S.; providing that
121 certain county commissioners must be elected at the
122 general election immediately following redistricting;
123 requiring such commissioners’ terms to commence on a
124 certain date; providing applicability; amending s.
125 921.0022, F.S.; ranking a specified offense involving
126 vote-by-mail ballots on the severity ranking chart of
127 the Criminal Punishment Code; providing legislative
128 findings and intent; requiring the Department of State
129 to submit a report to the Legislature by a specified
130 date; providing report requirements; providing
131 effective dates.
132
133 Be It Enacted by the Legislature of the State of Florida:
134
135 Section 1. Section 15.21, Florida Statutes, is amended to
136 read:
137 15.21 Initiative petitions; s. 3, Art. XI, State
138 Constitution.—
139 (1) The Secretary of State shall immediately submit an
140 initiative petition to the Attorney General if the sponsor has:
141 (a)(1) Registered as a political committee pursuant to s.
142 106.03;
143 (b)(2) Submitted the ballot title, substance, and text of
144 the proposed revision or amendment to the Secretary of State
145 pursuant to ss. 100.371 and 101.161; and
146 (c)(3) Obtained a letter from the Division of Elections
147 confirming that the sponsor has submitted to the appropriate
148 supervisors for verification, and the supervisors have verified,
149 forms signed and dated equal to 25 percent of the number of
150 electors statewide required by s. 3, Art. XI of the State
151 Constitution in one-half of the congressional districts of the
152 state.
153 (2) If the Secretary of State has submitted an initiative
154 petition to the Attorney General pursuant to subsection (1) but
155 the validity of the signatures for such initiative petition have
156 expired pursuant to s. 100.371(11)(a) before securing ballot
157 placement, the Secretary of State must promptly notify the
158 Attorney General. The Secretary of State may resubmit the
159 initiative petition to the Attorney General if the initiative
160 petition is later circulated for placement on the ballot of a
161 subsequent general election and the criteria under subsection
162 (1) are satisfied.
163 Section 2. Subsection (4) is added to section 16.061,
164 Florida Statutes, to read:
165 16.061 Initiative petitions.—
166 (4) If the Attorney General is notified by the Secretary of
167 State pursuant to s. 15.21(2) that an initiative petition no
168 longer qualifies for ballot placement for the ensuing general
169 election, the Attorney General must withdraw his or her request
170 for an advisory opinion if the Supreme Court has not yet
171 fulfilled that request. If the Secretary of State subsequently
172 resubmits the initiative petition if the criteria in s. 15.21(1)
173 are again satisfied and the court has not issued its advisory
174 opinion, the Attorney General must file a new petition seeking
175 such advisory opinion.
176 Section 3. Section 97.022, Florida Statutes, is created to
177 read:
178 97.022 Office of Election Crimes and Security; creation;
179 purpose and duties.—
180 (1) The Office of Election Crimes and Security is created
181 within the Department of State. The purpose of the office is to
182 aid the Secretary of State in completion of his or her duties
183 under s. 97.012(12) and (15) by:
184 (a) Receiving and reviewing notices and reports generated
185 by government officials or any other person regarding alleged
186 occurrences of election law violations or election
187 irregularities in this state.
188 (b) Initiating independent inquiries and conducting
189 preliminary investigations into allegations of election law
190 violations or election irregularities in this state.
191 (2) The office may review complaints and conduct
192 preliminary investigations into alleged violations of the
193 Florida Election Code or any rule adopted pursuant thereto and
194 any election irregularities.
195 (3) The secretary shall appoint a director of the office.
196 (4) The office shall be based in Tallahassee and shall
197 employ nonsworn investigators to conduct any investigations. The
198 positions and resources necessary for the office to accomplish
199 its duties shall be established through and subject to the
200 legislative appropriations process.
201 (5) The office shall oversee the department’s voter fraud
202 hotline.
203 (6) This section does not limit the jurisdiction of any
204 other office or agency of the state empowered by law to
205 investigate, act upon, or dispose of alleged election law
206 violations.
207 (7) By January 15 of each year, the department shall submit
208 a report to the Governor, the President of the Senate, and the
209 Speaker of the House of Representatives detailing information on
210 investigations of alleged election law violations or election
211 irregularities conducted during the prior calendar year. The
212 report must include the total number of complaints received and
213 independent investigations initiated and the number of
214 complaints referred to another agency for further investigation
215 or prosecution, including the total number of those matters sent
216 to a special officer pursuant to s. 102.091. For each alleged
217 violation or irregularity investigated, the report must include:
218 (a) The source of the alleged violation or irregularity;
219 (b) The law allegedly violated or the nature of the
220 irregularity reported;
221 (c) The county in which the alleged violation or
222 irregularity occurred;
223 (d) Whether the alleged violation or irregularity was
224 referred to another agency for further investigation or
225 prosecution, and if so, to which agency; and
226 (e) The current status of the investigation or resulting
227 criminal case.
228 Section 4. Section 97.0291, Florida Statutes, is amended to
229 read:
230 97.0291 Prohibition on use of private funds for election
231 related expenses.—No agency or state or local official
232 responsible for conducting elections, including, but not limited
233 to, a supervisor of elections, may solicit, accept, use, or
234 dispose of any donation in the form of money, grants, property,
235 or personal services from an individual or a nongovernmental
236 entity for the purpose of funding any type of election-related
237 expenses related to election administration, including, but not
238 limited to, or voter education, voter outreach, voter or
239 registration programs, or the cost of any litigation related to
240 election administration. This section does not prohibit the
241 donation and acceptance of space to be used for a polling room
242 or an early voting site.
243 Section 5. Paragraph (g) is added to subsection (3) of
244 section 97.052, Florida Statutes, to read:
245 97.052 Uniform statewide voter registration application.—
246 (3) The uniform statewide voter registration application
247 must also contain:
248 (g) A statement informing the applicant that if the
249 application is being collected by a third-party voter
250 registration organization, the organization might not deliver
251 the application to the division or the supervisor in the county
252 in which the applicant resides in less than 14 days or before
253 registration closes for the next ensuing election, and that the
254 applicant may instead elect to deliver the application in person
255 or by mail or choose to register online. The statement must
256 further inform the applicant how to determine whether the
257 application has been delivered.
258 Section 6. Effective January 1, 2023, subsection (13) of
259 section 97.057, Florida Statutes, is amended to read:
260 97.057 Voter registration by the Department of Highway
261 Safety and Motor Vehicles.—
262 (13) The Department of Highway Safety and Motor Vehicles
263 must assist the Department of State in regularly identifying
264 changes in residence address on the driver license or
265 identification card of a voter. The Department of State must
266 report each such change to the appropriate supervisor of
267 elections who must change the voter’s registration records in
268 accordance with s. 98.065(5) s. 98.065(4).
269 Section 7. Present subsections (4) through (7) of section
270 97.0575, Florida Statutes, are redesignated as subsections (5)
271 through (8), respectively, a new subsection (4) is added to that
272 section, and paragraph (a) of subsection (3) of that section is
273 amended, to read:
274 97.0575 Third-party voter registrations.—
275 (3)(a) A third-party voter registration organization that
276 collects voter registration applications serves as a fiduciary
277 to the applicant, ensuring that any voter registration
278 application entrusted to the organization, irrespective of party
279 affiliation, race, ethnicity, or gender, must be promptly
280 delivered to the division or the supervisor of elections in the
281 county in which the applicant resides within 14 days after the
282 application was completed by the applicant, but not after
283 registration closes for the next ensuing election. A third-party
284 voter registration organization must notify the applicant at the
285 time the application is collected that the organization might
286 not deliver the application to the division or the supervisor of
287 elections in the county in which the applicant resides in less
288 than 14 days or before registration closes for the next ensuing
289 election and must advise the applicant that he or she may
290 deliver the application in person or by mail. The third-party
291 voter registration organization must also inform the applicant
292 how to register online with the division and how to determine
293 whether the application has been delivered. If a voter
294 registration application collected by any third-party voter
295 registration organization is not promptly delivered to the
296 division or supervisor of elections in the county in which the
297 applicant resides, the third-party voter registration
298 organization is liable for the following fines:
299 1. A fine in the amount of $50 for each application
300 received by the division or the supervisor of elections in the
301 county in which the applicant resides more than 14 days after
302 the applicant delivered the completed voter registration
303 application to the third-party voter registration organization
304 or any person, entity, or agent acting on its behalf. A fine in
305 the amount of $250 for each application received if the third
306 party voter registration organization or person, entity, or
307 agency acting on its behalf acted willfully.
308 2. A fine in the amount of $100 for each application
309 collected by a third-party voter registration organization or
310 any person, entity, or agent acting on its behalf, before book
311 closing for any given election for federal or state office and
312 received by the division or the supervisor of elections in the
313 county in which the applicant resides after the book-closing
314 deadline for such election. A fine in the amount of $500 for
315 each application received if the third-party registration
316 organization or person, entity, or agency acting on its behalf
317 acted willfully.
318 3. A fine in the amount of $500 for each application
319 collected by a third-party voter registration organization or
320 any person, entity, or agent acting on its behalf, which is not
321 submitted to the division or supervisor of elections in the
322 county in which the applicant resides. A fine in the amount of
323 $1,000 for any application not submitted if the third-party
324 voter registration organization or person, entity, or agency
325 acting on its behalf acted willfully.
326
327 The aggregate fine pursuant to this paragraph which may be
328 assessed against a third-party voter registration organization,
329 including affiliate organizations, for violations committed in a
330 calendar year is $50,000 $1,000.
331 (4) If a person collecting voter registration applications
332 on behalf of a third-party voter registration organization
333 alters the voter registration application of any other person,
334 without the other person’s knowledge and consent, in violation
335 of s. 104.012(4) and is subsequently convicted of such offense,
336 the applicable third-party voter registration organization is
337 liable for a fine in the amount of $1,000 for each application
338 altered.
339 Section 8. Effective January 1, 2023, present subsections
340 (3) through (6) of section 98.065, Florida Statutes, are
341 redesignated as subsections (4) through (7), respectively, a new
342 subsection (3) is added to that section, and subsection (2) and
343 present subsections (3), (4), and (5) of that section are
344 amended, to read:
345 98.065 Registration list maintenance programs.—
346 (2) A supervisor must incorporate one or more of the
347 following procedures in the supervisor’s annual biennial
348 registration list maintenance program under which the supervisor
349 shall:
350 (a) Use change-of-address information supplied by the
351 United States Postal Service through its licensees is used to
352 identify registered voters whose addresses might have changed.
353 Additionally, in odd-numbered years, unless the supervisor is
354 conducting the procedure specified in paragraph (b), the
355 supervisor must identify change-of-address information from
356 returned nonforwardable return-if-undeliverable address
357 confirmation requests mailed to all registered voters who have
358 not voted in the preceding two general elections or any
359 intervening election and who have not made a request that their
360 registration records be updated during that time; or
361 (b) Identify change-of-address information is identified
362 from returned nonforwardable return-if-undeliverable mail sent
363 to all registered voters in the county; or
364 (c) Change-of-address information is identified from
365 returned nonforwardable return-if-undeliverable address
366 confirmation requests mailed to all registered voters who have
367 not voted in the last 2 years and who did not make a written
368 request that their registration records be updated during that
369 time.
370 (3) Address confirmation requests sent pursuant to
371 paragraph (2)(a) and mail sent pursuant to paragraph (b) must be
372 addressed to the voter’s address of legal residence, not
373 including voters temporarily residing outside the county and
374 registered in the precinct designated by the supervisor pursuant
375 to s. 101.045(1). If a request is returned as undeliverable, any
376 other notification sent to the voter pursuant to subsection (5)
377 or s. 98.0655 must be addressed to the voter’s mailing address
378 on file, if any.
379 (4) A registration list maintenance program must be
380 conducted by each supervisor, at a minimum, once in each odd
381 numbered year and must be completed not later than 90 days
382 before prior to the date of any federal election. All list
383 maintenance actions associated with each voter must be entered,
384 tracked, and maintained in the statewide voter registration
385 system.
386 (5)(a)(4)(a) If the supervisor receives change-of-address
387 information pursuant to the activities conducted in subsection
388 (2), from jury notices signed by the voter and returned to the
389 courts, from the Department of Highway Safety and Motor
390 Vehicles, or from other sources which indicates that a
391 registered voter’s legal residence might have changed to another
392 location within the state, the supervisor must change the
393 registration records to reflect the new address and must send
394 the voter an address change notice as provided in s. 98.0655(2).
395 (b) If the supervisor of elections receives change-of
396 address information pursuant to the activities conducted in
397 subsection (2), from jury notices signed by the voter and
398 returned to the courts, or from other sources which indicates
399 that a registered voter’s legal residence might have changed to
400 a location outside the state, the supervisor of elections shall
401 send an address confirmation final notice to the voter as
402 provided in s. 98.0655(3).
403 (c) If an address confirmation request required by
404 paragraph (2)(a) is returned as undeliverable without indication
405 of an address change, or there is no response from the voter
406 within 30 days, or if any other nonforwardable return-if
407 undeliverable mail is returned as undeliverable with no
408 indication of an address change, the supervisor shall send an
409 address confirmation final notice to all addresses on file for
410 the voter.
411 (d) The supervisor must designate as inactive all voters
412 who have been sent an address confirmation final notice and who
413 have not returned the postage prepaid, preaddressed return form
414 within 30 days or for which the final notice has been returned
415 as undeliverable. Names on the inactive list may not be used to
416 calculate the number of signatures needed on any petition. A
417 voter on the inactive list may be restored to the active list of
418 voters upon the voter updating his or her registration and
419 confirming his or her current address of legal residence,
420 requesting a vote-by-mail ballot and confirming his or her
421 current address of legal residence, or appearing to vote and
422 confirming his or her current address of legal residence.
423 However, if the voter does not update his or her voter
424 registration information, request a vote-by-mail ballot, or vote
425 by the second general election after being placed on the
426 inactive list, the voter’s name shall be removed from the
427 statewide voter registration system and the voter shall be
428 required to reregister to have his or her name restored to the
429 statewide voter registration system.
430 (6)(5) A notice may not be issued pursuant to this section
431 and a voter’s name may not be removed from the statewide voter
432 registration system later than 90 days prior to the date of a
433 federal election. However, this section does not preclude the
434 correction of registration records based on information
435 submitted by the voter or removal of the name of a voter from
436 the statewide voter registration system at any time upon the
437 voter’s written request, by reason of the voter’s death, or upon
438 a determination of the voter’s ineligibility as provided in s.
439 98.075(7).
440 Section 9. Effective January 1, 2023, subsections (1) and
441 (3) of section 98.0655, Florida Statutes, are amended to read:
442 98.0655 Registration list maintenance forms.—The department
443 shall prescribe registration list maintenance forms to be used
444 by the supervisors which must include:
445 (1) An address confirmation request that must contain:
446 (a) The voter’s name and address of legal residence as
447 shown on the voter registration record; and
448 (b) A request that the voter notify the supervisor if
449 either the voter’s name or address of legal residence is
450 incorrect;
451 (c) If the address confirmation request is required by s.
452 98.065(2)(a), a statement that if the voter has not changed his
453 or her legal residence or has changed his or her legal residence
454 within the state, the voter should return the form within 30
455 days after the date on which the notice was sent to the voter;
456 and
457 (d) Information about updating voter information through
458 the online voter registration system.
459 (3) An address confirmation final notice that must be sent
460 to the newly recorded address of legal residence, or to all
461 addresses on file for the voter if no indication of new address
462 has been received, by forwardable mail and must contain a
463 postage prepaid, preaddressed return form and a statement that:
464 (a) If the voter has not changed his or her legal residence
465 or has changed his or her legal residence within the state, the
466 voter should return the form within 30 days after the date on
467 which the notice was sent to the voter.
468 (b) If the voter has changed his or her legal residence to
469 a location outside the state:
470 1. The voter shall return the form, which serves as a
471 request to be removed from the registration books; and
472 2. The voter shall be provided with information on how to
473 register in the new jurisdiction in order to be eligible to
474 vote.
475 (c) If the return form is not returned, the voter’s name
476 shall be designated as inactive in the statewide voter
477 registration system, and confirmation of the voter’s address of
478 legal residence may be required before the voter is authorized
479 to vote in an election.
480 Section 10. Paragraph (a) of subsection (3) of section
481 98.075, Florida Statutes, is amended to read:
482 98.075 Registration records maintenance activities;
483 ineligibility determinations.—
484 (3) DECEASED PERSONS.—
485 (a)1. The department shall identify those registered voters
486 who are deceased by comparing information received from either:
487 a. The Department of Health as provided in s. 98.093; or
488 b. The United States Social Security Administration,
489 including, but not limited to, any master death file or index
490 compiled by the United States Social Security Administration;
491 and
492 c. The Department of Highway Safety and Motor Vehicles.
493 2. Within 7 days after receipt of such information through
494 the statewide voter registration system, the supervisor shall
495 remove the name of the registered voter.
496 Section 11. Section 98.093, Florida Statutes, is amended to
497 read:
498 98.093 Duty of officials to furnish information relating to
499 deceased persons, persons adjudicated mentally incapacitated,
500 and persons convicted of a felony, and persons who are not
501 United States citizens.—
502 (1) In order to identify ineligible registered voters and
503 maintain accurate and current voter registration records in the
504 statewide voter registration system pursuant to procedures in s.
505 98.065 or s. 98.075, it is necessary for the department and
506 supervisors of elections to receive or access certain
507 information from state and federal officials and entities in the
508 format prescribed.
509 (2) To the maximum extent feasible, state and local
510 government agencies shall facilitate provision of information
511 and access to data to the department, including, but not limited
512 to, databases that contain reliable criminal records and records
513 of deceased persons. State and local government agencies that
514 provide such data shall do so without charge if the direct cost
515 incurred by those agencies is not significant.
516 (a) The Department of Health shall furnish monthly to the
517 department a list containing the name, address, date of birth,
518 date of death, social security number, race, and sex of each
519 deceased person 17 years of age or older.
520 (b) Each clerk of the circuit court shall furnish monthly
521 to the department:
522 1. A list of those persons who have been adjudicated
523 mentally incapacitated with respect to voting during the
524 preceding calendar month, a list of those persons whose mental
525 capacity with respect to voting has been restored during the
526 preceding calendar month, and a list of those persons who have
527 returned signed jury notices during the preceding months to the
528 clerk of the circuit court indicating a change of address. Each
529 list shall include the name, address, date of birth, race, sex,
530 and, whichever is available, the Florida driver license number,
531 Florida identification card number, or social security number of
532 each such person.
533 2. Information on the terms of sentence for felony
534 convictions, including any financial obligations for court
535 costs, fees, and fines, of all persons listed in the clerk’s
536 records whose last known address in the clerk’s records is
537 within this state and who have been convicted of a felony during
538 the preceding month. The information may be provided directly by
539 individual clerks of the circuit court or may be provided on
540 their behalf through the Comprehensive Case Information System.
541 For each felony conviction reported, the information must
542 include:
543 a. The full name, last known address, date of birth, race,
544 sex, and, if available, the Florida driver license number or
545 Florida identification card number, as applicable, and the
546 social security number of the person convicted.
547 b. The amounts of all financial obligations, including
548 restitution and court costs, fees, and fines, and, if known, the
549 amount of financial obligations not yet satisfied.
550 c. The county in which the conviction occurred.
551 d. The statute number violated, statute table text, date of
552 conviction, and case number.
553 (c) Upon receipt of information from the United States
554 Attorney, listing persons convicted of a felony in federal
555 court, the department shall use such information to identify
556 registered voters or applicants for voter registration who may
557 be potentially ineligible based on information provided in
558 accordance with s. 98.075.
559 (d) The Department of Law Enforcement shall identify those
560 persons who have been convicted of a felony who appear in the
561 voter registration records supplied by the statewide voter
562 registration system, in a time and manner that enables the
563 department to meet its obligations under state and federal law.
564 (e) The Florida Commission on Offender Review shall furnish
565 at least bimonthly to the department data, including the
566 identity of those persons granted clemency in the preceding
567 month or any updates to prior records which have occurred in the
568 preceding month. The data shall contain the commission’s case
569 number and the person’s name, address, date of birth, race,
570 gender, Florida driver license number, Florida identification
571 card number, or the last four digits of the social security
572 number, if available, and references to record identifiers
573 assigned by the Department of Corrections and the Department of
574 Law Enforcement, a unique identifier of each clemency case, and
575 the effective date of clemency of each person.
576 (f) The Department of Corrections shall identify those
577 persons who have been convicted of a felony and committed to its
578 custody or placed on community supervision. The information must
579 be provided to the department at a time and in a manner that
580 enables the department to identify registered voters who are
581 convicted felons and to meet its obligations under state and
582 federal law.
583 (g) The Department of Highway Safety and Motor Vehicles
584 shall furnish monthly to the department:
585 1. A list of those persons whose names have been removed
586 from the driver license database because they have been licensed
587 in another state. The list must shall contain the name, address,
588 date of birth, sex, social security number, and driver license
589 number of each such person.
590 2. A list of those persons who presented evidence of non
591 United States citizenship upon being issued a new or renewed
592 Florida driver license or Florida identification card. The list
593 must contain the name; address; date of birth; social security
594 number, if applicable; and Florida driver license number or
595 Florida identification card number, as applicable, of each such
596 person.
597 (3) This section does not limit or restrict the supervisor
598 in his or her duty to remove the names of persons from the
599 statewide voter registration system pursuant to s. 98.075(7)
600 based upon information received from other sources.
601 Section 12. Paragraph (a) of subsection (2) of section
602 100.041, Florida Statutes, is amended to read:
603 100.041 Officers chosen at general election.—
604 (2)(a) Except as provided in s. 124.011 relating to single
605 member districts after decennial redistricting, each county
606 commissioner from an odd-numbered district shall be elected at
607 the general election in each year the number of which is a
608 multiple of 4, for a 4-year term commencing on the second
609 Tuesday following such election, and each county commissioner
610 from an even-numbered district shall be elected at the general
611 election in each even-numbered year the number of which is not a
612 multiple of 4, for a 4-year term commencing on the second
613 Tuesday following such election. A county commissioner is
614 “elected” for purposes of this paragraph on the date that the
615 county canvassing board certifies the results of the election
616 pursuant to s. 102.151.
617 Section 13. Paragraphs (a) and (c) of subsection (11) and
618 paragraph (a) of subsection (13) of section 100.371, Florida
619 Statutes, are amended to read:
620 100.371 Initiatives; procedure for placement on ballot.—
621 (11)(a) An initiative petition form circulated for
622 signature may not be bundled with or attached to any other
623 petition. Each signature shall be dated when made and shall be
624 valid until the next February 1 occurring in an even-numbered
625 year for the purpose of the amendment appearing on the ballot
626 for the general election occurring in that same year, provided
627 all other requirements of law are met. The sponsor shall submit
628 signed and dated forms to the supervisor of elections for the
629 county of residence listed by the person signing the form for
630 verification of the number of valid signatures obtained. If a
631 signature on a petition is from a registered voter in another
632 county, the supervisor shall notify the petition sponsor of the
633 misfiled petition. The supervisor shall promptly verify the
634 signatures within 60 days after receipt of the petition forms
635 and payment of a fee for the actual cost of signature
636 verification incurred by the supervisor. However, for petition
637 forms submitted less than 60 days before February 1 of an even
638 numbered year, the supervisor shall promptly verify the
639 signatures within 30 days after receipt of the form and payment
640 of the fee for signature verification. The supervisor shall
641 promptly record, in the manner prescribed by the Secretary of
642 State, the date each form is received by the supervisor, and the
643 date the signature on the form is verified as valid. The
644 supervisor may verify that the signature on a form is valid only
645 if:
646 1. The form contains the original signature of the
647 purported elector.
648 2. The purported elector has accurately recorded on the
649 form the date on which he or she signed the form.
650 3. The form sets forth the purported elector’s name,
651 address, city, county, and voter registration number or date of
652 birth.
653 4. The purported elector is, at the time he or she signs
654 the form and at the time the form is verified, a duly qualified
655 and registered elector in the state.
656 5. The signature was obtained legally, including that if a
657 paid petition circulator was used, the circulator was validly
658 registered under subsection (3) when the signature was obtained.
659
660 The supervisor shall retain all the signature forms, separating
661 forms verified as valid from those deemed invalid, for at least
662 1 year following the election for in which the petition was
663 circulated issue appeared on the ballot or until the division
664 notifies the supervisors of elections that the committee that
665 circulated the petition is no longer seeking to obtain ballot
666 position.
667 (c) On the last day of each month, or on the last day of
668 each week from December 1 of an odd-numbered year through
669 February 1 of the following year, each supervisor shall post on
670 his or her website the total number of signatures submitted, the
671 total number of invalid signatures, the total number of
672 signatures processed, and the aggregate number of verified valid
673 signatures and the distribution of such signatures by
674 congressional district for each proposed amendment proposed by
675 initiative, along with the following information specific to the
676 reporting period: the total number of signed petition forms
677 received, the total number of signatures verified, the
678 distribution of verified valid signatures by congressional
679 district, and the total number of verified petition forms
680 forwarded to the Secretary of State.
681 (13)(a) At the same time the Secretary of State submits an
682 initiative petition to the Attorney General pursuant to s.
683 15.21, the secretary shall submit a copy of the initiative
684 petition to the Financial Impact Estimating Conference. Within
685 75 days after receipt of a proposed revision or amendment to the
686 State Constitution by initiative petition from the Secretary of
687 State, the Financial Impact Estimating Conference shall complete
688 an analysis and financial impact statement to be placed on the
689 ballot of the estimated increase or decrease in any revenues or
690 costs to state or local governments and the overall impact to
691 the state budget resulting from the proposed initiative. The 75
692 day time limit is tolled when the Legislature is in session. The
693 Financial Impact Estimating Conference shall submit the
694 financial impact statement to the Attorney General and Secretary
695 of State. If the initiative petition has been submitted to the
696 Financial Impact Estimating Conference but the validity of
697 signatures has expired and the initiative petition no longer
698 qualifies for ballot placement at the ensuing general election,
699 the Secretary of State must notify the Financial Impact
700 Estimating Conference. The Financial Impact Estimating
701 Conference is not required to complete an analysis and financial
702 impact statement for an initiative petition that fails to meet
703 the requirements of subsection (1) for placement on the ballot
704 before the 75-day time limit, including any tolling period,
705 expires. The initiative petition may be resubmitted to the
706 Financial Impact Estimating Conference if the initiative
707 petition meets the requisite criteria for a subsequent general
708 election cycle. A new Financial Impact Estimating Conference
709 shall be established at such time as the initiative petition
710 again satisfies the criteria in s. 15.21(1).
711 Section 14. Section 101.019, Florida Statutes, is created
712 to read:
713 101.019 Ranked-choice voting prohibited.—
714 (1) A ranked-choice voting method that allows voters to
715 rank candidates for an office in order of preference and has
716 ballots cast be tabulated in multiple rounds following the
717 elimination of a candidate until a single candidate attains a
718 majority may not be used in determining the election or
719 nomination of any candidate to any local, state, or federal
720 elective office in this state.
721 (2) Any existing or future ordinance enacted or adopted by
722 a county, a municipality, or any other local governmental entity
723 which is in conflict with this section is void.
724 Section 15. Paragraphs (b) and (c) of subsection (1) of
725 section 101.043, Florida Statutes, are amended to read:
726 101.043 Identification required at polls.—
727 (1)
728 (b) If the picture identification does not contain the
729 signature of the elector, an additional identification that
730 provides the elector’s signature shall be required. The address
731 appearing on the identification presented by the elector may not
732 be used as the basis to confirm an elector’s legal residence or
733 otherwise challenge an elector’s legal residence. The elector
734 shall sign his or her name in the space provided on the precinct
735 register or on an electronic device provided for recording the
736 elector’s signature. The clerk or inspector shall compare the
737 signature with that on the identification provided by the
738 elector and enter his or her initials in the space provided on
739 the precinct register or on an electronic device provided for
740 that purpose and allow the elector to vote if the clerk or
741 inspector is satisfied as to the identity of the elector.
742 (c) When an elector presents his or her picture
743 identification to the clerk or inspector and the elector’s
744 address on the picture identification matches the elector’s
745 address in the supervisor’s records, the elector may not be
746 asked to provide additional information or to recite his or her
747 home address.
748 Section 16. Subsections (2) and (5) of section 101.051,
749 Florida Statutes, are amended to read:
750 101.051 Electors seeking assistance in casting ballots;
751 oath to be executed; forms to be furnished.—
752 (2) It is unlawful for any person to be in the voting booth
753 with any elector except as provided in subsection (1). A person
754 at a polling place, a secure ballot intake station drop box
755 location, or an early voting site, or within 150 feet of a
756 secure ballot intake station drop box location or the entrance
757 of a polling place or an early voting site, may not solicit any
758 elector in an effort to provide assistance to vote pursuant to
759 subsection (1). Any person who violates this subsection commits
760 a misdemeanor of the first degree, punishable as provided in s.
761 775.082 or s. 775.083.
762 (5) If an elector needing assistance requests that a person
763 other than an election official provide him or her with
764 assistance in voting, the clerk or one of the inspectors shall
765 require the person providing assistance to take the following
766 oath:
767
768 DECLARATION TO PROVIDE ASSISTANCE
769
770 State of Florida
771 County of ....
772 Date ....
773 Precinct ....
774
775 I, ...(Print name)..., have been requested by ...(print
776 name of elector needing assistance)... to provide him or her
777 with assistance to vote. I swear or affirm that I am not the
778 employer, an agent of the employer, or an officer or agent of
779 the union of the voter and that I have not solicited this voter
780 at the polling place, secure ballot intake station drop box
781 location, or early voting site or within 150 feet of such
782 locations in an effort to provide assistance.
783
784 ...(Signature of assistor)...
785
786 Sworn and subscribed to before me this .... day of ....,
787 ...(year)....
788
789 ...(Signature of Official Administering Oath)...
790
791 Section 17. Subsection (9) of section 101.151, Florida
792 Statutes, is amended to read:
793 101.151 Specifications for ballots.—
794 (9)(a) The Department of State shall adopt rules
795 prescribing a uniform primary and general election ballot for
796 each certified voting system. The rules shall incorporate the
797 requirements set forth in this section and shall prescribe
798 additional matters and forms that include, without limitation:
799 1. The ballot title followed by clear and unambiguous
800 ballot instructions and directions limited to a single location
801 on the ballot, either:
802 a. Centered across the top of the ballot; or
803 b. In the leftmost column, with no individual races in that
804 column unless it is the only column on the ballot;
805 2. Individual race layout; and
806 3. Overall ballot layout; and
807 4. Oval vote targets as the only permissible type of vote
808 target, except as provided in s. 101.56075.
809 (b) The rules must graphically depict a sample uniform
810 primary and general election ballot form for each certified
811 voting system.
812 Section 18. Paragraph (a) of subsection (4) and subsection
813 (8) of section 101.5614, Florida Statutes, are amended to read:
814 101.5614 Canvass of returns.—
815 (4)(a) If any vote-by-mail ballot is physically damaged so
816 that it cannot properly be counted by the voting system’s
817 automatic tabulating equipment, a true duplicate copy shall be
818 made of the damaged ballot in an open and accessible room in the
819 presence of witnesses and substituted for the damaged ballot.
820 Likewise, a duplicate ballot shall be made of a vote-by-mail
821 ballot containing an overvoted race if there is a clear
822 indication on the ballot that the voter has made a definite
823 choice in the overvoted race or ballot measure. A duplicate
824 shall include all valid votes as determined by the canvassing
825 board based on rules adopted by the division pursuant to s.
826 102.166(4). A duplicate may be made of a ballot containing an
827 undervoted race or ballot measure if there is a clear indication
828 on the ballot that the voter has made a definite choice in the
829 undervoted race or ballot measure. A duplicate may not include a
830 vote if the voter’s intent in such race or on such measure is
831 not clear. Upon request, a physically present candidate, a
832 political party official, a political committee official, or an
833 authorized designee thereof, must be allowed to observe the
834 duplication of ballots upon signing an affidavit affirming his
835 or her acknowledgment that disclosure of election results
836 discerned from observing the ballot duplication process while
837 the election is ongoing is a felony, as provided under
838 subsection (8). The observer must be allowed to observe the
839 duplication of ballots in such a way that the observer is able
840 to see the markings on each ballot and the duplication taking
841 place. All duplicate ballots must be clearly labeled
842 “duplicate,” bear a serial number which shall be recorded on the
843 defective ballot, and be counted in lieu of the defective
844 ballot. The duplication of ballots must happen in the presence
845 of at least one canvassing board member. After a ballot has been
846 duplicated, the defective ballot shall be placed in an envelope
847 provided for that purpose, and the duplicate ballot shall be
848 tallied with the other ballots for that precinct. If any
849 observer makes a reasonable objection to a duplicate of a
850 ballot, the ballot must be presented to the canvassing board for
851 a determination of the validity of the duplicate. The canvassing
852 board must document the serial number of the ballot in the
853 canvassing board’s minutes. The canvassing board must decide
854 whether the duplication is valid. If the duplicate ballot is
855 determined to be valid, the duplicate ballot must be counted. If
856 the duplicate ballot is determined to be invalid, the duplicate
857 ballot must be rejected and a proper duplicate ballot must be
858 made and counted in lieu of the original.
859 (8) Any supervisor of elections, deputy supervisor of
860 elections, canvassing board member, election board member, or
861 election employee, or other person authorized to observe,
862 review, or inspect ballot materials or observe canvassing who
863 releases any information about votes cast for or against any
864 candidate or ballot measure or any the results of any election
865 before prior to the closing of the polls in that county on
866 election day commits a felony of the third degree, punishable as
867 provided in s. 775.082, s. 775.083, or s. 775.084.
868 Section 19. Subsections (1) and (6) of section 101.6103,
869 Florida Statutes, are amended to read:
870 101.6103 Mail ballot election procedure.—
871 (1) Except as otherwise provided in subsection (7), the
872 supervisor of elections shall mail all official ballots with a
873 secrecy envelope, a return mailing envelope, and instructions
874 sufficient to describe the voting process to each elector
875 entitled to vote in the election within the timeframes specified
876 in s. 101.62(4) not sooner than the 20th day before the election
877 and not later than the 10th day before the date of the election.
878 All such ballots shall be mailed by first-class mail. Ballots
879 shall be addressed to each elector at the address appearing in
880 the registration records and placed in an envelope which is
881 prominently marked “Do Not Forward.”
882 (6) The canvassing board may begin the canvassing of mail
883 ballots as provided by s. 101.68(2)(a). The criminal penalty
884 specified in that paragraph for the release of results before 7
885 p.m. on election day is also applicable to canvassing conducted
886 under this act at 7 a.m. on the sixth day before the election,
887 including processing the ballots through the tabulating
888 equipment. However, results may not be released until after 7
889 p.m. on election day. Any canvassing board member or election
890 employee who releases any result before 7 p.m. on election day
891 commits a felony of the third degree, punishable as provided in
892 s. 775.082, s. 775.083, or s. 775.084.
893 Section 20. Section 101.65, Florida Statutes, is amended to
894 read:
895 101.65 Instructions to absent electors.—The supervisor
896 shall enclose with each vote-by-mail ballot separate printed
897 instructions in substantially the following form; however, where
898 the instructions appear in capitalized text, the text of the
899 printed instructions must be in bold font:
900
901 READ THESE INSTRUCTIONS CAREFULLY
902 BEFORE MARKING BALLOT.
903
904 1. VERY IMPORTANT. In order to ensure that your vote-by
905 mail ballot will be counted, it should be completed and returned
906 as soon as possible so that it can reach the supervisor of
907 elections of the county in which your precinct is located no
908 later than 7 p.m. on the day of the election. However, if you
909 are an overseas voter casting a ballot in a presidential
910 preference primary or general election, your vote-by-mail ballot
911 must be postmarked or dated no later than the date of the
912 election and received by the supervisor of elections of the
913 county in which you are registered to vote no later than 10 days
914 after the date of the election. Note that the later you return
915 your ballot, the less time you will have to cure any signature
916 deficiencies, which is authorized until 5 p.m. on the 2nd day
917 after the election.
918 2. Mark your ballot in secret as instructed on the ballot.
919 You must mark your own ballot unless you are unable to do so
920 because of blindness, disability, or inability to read or write.
921 3. Mark only the number of candidates or issue choices for
922 a race as indicated on the ballot. If you are allowed to “Vote
923 for One” candidate and you vote for more than one candidate,
924 your vote in that race will not be counted.
925 4. Place your marked ballot in the enclosed secrecy
926 envelope.
927 5. Insert the secrecy envelope into the enclosed mailing
928 envelope which is addressed to the supervisor.
929 6. Seal the mailing envelope and completely fill out the
930 Voter’s Certificate on the back of the mailing envelope.
931 7. VERY IMPORTANT. In order for your vote-by-mail ballot to
932 be counted, you must sign your name on the line above (Voter’s
933 Signature). A vote-by-mail ballot will be considered illegal and
934 not be counted if the signature on the voter’s certificate does
935 not match the signature on record. The signature on file at the
936 time the supervisor of elections in the county in which your
937 precinct is located receives your vote-by-mail ballot is the
938 signature that will be used to verify your signature on the
939 voter’s certificate. If you need to update your signature for
940 this election, send your signature update on a voter
941 registration application to your supervisor of elections so that
942 it is received before your vote-by-mail ballot is received.
943 8. VERY IMPORTANT. If you are an overseas voter, you must
944 include the date you signed the Voter’s Certificate on the line
945 above (Date) or your ballot may not be counted.
946 9. Mail, deliver, or have delivered the completed mailing
947 envelope. Be sure there is sufficient postage if mailed. THE
948 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
949 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
950 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE
951 STATION DROP BOX, AVAILABLE AT EACH EARLY VOTING LOCATION.
952 10. FELONY NOTICE. It is a felony under Florida law to
953 accept any gift, payment, or gratuity in exchange for your vote
954 for a candidate. It is also a felony under Florida law to vote
955 in an election using a false identity or false address, or under
956 any other circumstances making your ballot false or fraudulent.
957 Section 21. Subsection (1) of section 101.655, Florida
958 Statutes, is amended to read:
959 101.655 Supervised voting by absent electors in certain
960 facilities.—
961 (1) The supervisor of elections of a county shall provide
962 supervised voting for absent electors residing in any assisted
963 living facility, as defined in s. 429.02, or nursing home
964 facility, as defined in s. 400.021, within that county at the
965 request of any administrator of such a facility. Such request
966 for supervised voting in the facility shall be made by
967 submitting a written request to the supervisor of elections no
968 later than 28 21 days prior to the election for which that
969 request is submitted. The request shall specify the name and
970 address of the facility and the name of the electors who wish to
971 vote by mail in that election. If the request contains the names
972 of fewer than five voters, the supervisor of elections is not
973 required to provide supervised voting.
974 Section 22. Subsections (2) and (3) of section 101.69,
975 Florida Statutes, are amended to read:
976 101.69 Voting in person; return of vote-by-mail ballot.—
977 (2)(a) The supervisor shall allow an elector who has
978 received a vote-by-mail ballot to physically return a voted
979 vote-by-mail ballot to the supervisor by placing the return mail
980 envelope containing his or her marked ballot in a secure ballot
981 intake station drop box. Secure ballot intake stations drop
982 boxes shall be placed at the main office of the supervisor, at
983 each permanent branch office of the supervisor which meets the
984 criteria set forth in s. 101.657(1)(a) for branch offices used
985 for early voting and is open for at least the minimum amount of
986 hours prescribed by s. 98.015(4), and at each early voting site.
987 Secure ballot intake stations drop boxes may also be placed at
988 any other site that would otherwise qualify as an early voting
989 site under s. 101.657(1). Secure ballot intake stations Drop
990 boxes must be geographically located so as to provide all voters
991 in the county with an equal opportunity to cast a ballot,
992 insofar as is practicable. Except for secure ballot intake
993 stations drop boxes at an office of the supervisor, a secure
994 ballot intake station drop box may only be used during the
995 county’s early voting hours of operation and must be monitored
996 in person by an employee of the supervisor’s office. A secure
997 ballot intake station drop box at an office of the supervisor
998 must be continuously monitored in person by an employee of the
999 supervisor’s office when the secure ballot intake station drop
1000 box is accessible for deposit of ballots.
1001 (b) A supervisor shall designate each secure ballot intake
1002 station location drop box site at least 30 days before an
1003 election. The supervisor shall provide the address of each
1004 secure ballot intake station drop box location to the division
1005 at least 30 days before an election. After a secure ballot
1006 intake station drop box location has been designated, it may not
1007 be moved or changed except as approved by the division to
1008 correct a violation of this subsection.
1009 (c)1. On each day of early voting, all secure ballot intake
1010 stations drop boxes must be emptied at the end of early voting
1011 hours and all ballots retrieved from the secure ballot intake
1012 stations drop boxes must be returned to the supervisor’s office.
1013 2. For secure ballot intake stations drop boxes located at
1014 an office of the supervisor, all ballots must be retrieved
1015 before the secure ballot intake station drop box is no longer
1016 monitored by an employee of the supervisor.
1017 3. Employees of the supervisor must comply with procedures
1018 for the chain of custody of ballots as required by s.
1019 101.015(4).
1020 (3) If any secure ballot intake station drop box is left
1021 accessible for ballot receipt other than as authorized by this
1022 section, the supervisor is subject to a civil penalty of
1023 $25,000. The division is authorized to enforce this provision.
1024 Section 23. Paragraph (a) of subsection (4) of section
1025 102.031, Florida Statutes, is amended to read:
1026 102.031 Maintenance of good order at polls; authorities;
1027 persons allowed in polling rooms and early voting areas;
1028 unlawful solicitation of voters.—
1029 (4)(a) No person, political committee, or other group or
1030 organization may solicit voters inside the polling place or
1031 within 150 feet of a secure ballot intake station drop box or
1032 the entrance to any polling place, a polling room where the
1033 polling place is also a polling room, an early voting site, or
1034 an office of the supervisor where vote-by-mail ballots are
1035 requested and printed on demand for the convenience of electors
1036 who appear in person to request them. Before the opening of a
1037 secure ballot intake station drop box location, a polling place,
1038 or an early voting site, the clerk or supervisor shall designate
1039 the no-solicitation zone and mark the boundaries.
1040 Section 24. Section 102.091, Florida Statutes, is amended
1041 to read:
1042 102.091 Duty of sheriff to watch for violations;
1043 appointment of special officers.—
1044 (1) The sheriff shall exercise strict vigilance in the
1045 detection of any violations of the election laws and in
1046 apprehending the violators.
1047 (2) The Governor, in consultation with the executive
1048 director of the Department of Law Enforcement, shall may appoint
1049 special officers to investigate alleged violations of the
1050 election laws, when it is deemed necessary to see that violators
1051 of the election laws are apprehended and punished. A special
1052 officer must be a sworn special agent employed by the Department
1053 of Law Enforcement. At least one special officer must be
1054 designated in each operational region of the Department of Law
1055 Enforcement to serve as a dedicated investigator of alleged
1056 violations of the election laws. Appointment as a special
1057 officer does not preclude a sworn special agent from conducting
1058 other investigations of alleged violations of law, provided that
1059 such other investigations do not hinder or interfere with the
1060 individual’s ability to investigate alleged violations of the
1061 election laws.
1062 Section 25. Section 102.101, Florida Statutes, is amended
1063 to read:
1064 102.101 Sheriff and other officers not allowed in polling
1065 place.—A No sheriff, a deputy sheriff, a police officer, a
1066 special officer appointed pursuant to s. 102.091, or any other
1067 officer of the law is not shall be allowed within a the polling
1068 place without permission from the clerk or a majority of the
1069 inspectors, except to cast his or her ballot. Upon the failure
1070 of any such officer of said officers to comply with this section
1071 provision, the clerk or the inspectors must or any one of them
1072 shall make an affidavit against the such officer for his or her
1073 arrest.
1074 Section 26. Subsection (2) of section 104.0616, Florida
1075 Statutes, is amended to read:
1076 104.0616 Vote-by-mail ballots and voting; violations.—
1077 (2) Any person who distributes, orders, requests, collects,
1078 delivers, or otherwise physically possesses more than two vote
1079 by-mail ballots per election in addition to his or her own
1080 ballot or a ballot belonging to an immediate family member,
1081 except as provided in ss. 101.6105-101.694, including supervised
1082 voting at assisted living facilities and nursing home facilities
1083 as authorized under s. 101.655, commits a felony misdemeanor of
1084 the third first degree, punishable as provided in s. 775.082, or
1085 s. 775.083, or s. 775.084.
1086 Section 27. Subsection (2) of section 104.185, Florida
1087 Statutes, is amended to read:
1088 104.185 Petitions; knowingly signing more than once;
1089 signing another person’s name or a fictitious name.—
1090 (2) A person who signs another person’s name or a
1091 fictitious name to any petition to secure ballot position for a
1092 candidate, a minor political party, or an issue commits a felony
1093 misdemeanor of the third first degree, punishable as provided in
1094 s. 775.082, or s. 775.083, or s. 775.084.
1095 Section 28. Section 104.186, Florida Statutes, is amended
1096 to read:
1097 104.186 Initiative petitions; violations.—A person who
1098 compensates a petition circulator as defined in s. 97.021 based
1099 on the number of petition forms gathered commits a felony
1100 misdemeanor of the third first degree, punishable as provided in
1101 s. 775.082, or s. 775.083, or s. 775.084. This section does not
1102 prohibit employment relationships that do not base payment on
1103 the number of signatures collected.
1104 Section 29. Subsection (2) of section 124.011, Florida
1105 Statutes, is amended to read:
1106 124.011 Alternate procedure for the election of county
1107 commissioners to provide for single-member representation;
1108 applicability.—
1109 (2)(a) All commissioners shall be elected for 4-year terms
1110 which shall be staggered so that, alternately, one more or one
1111 less than half of the commissioners elected from residence areas
1112 and, if applicable, one of the commissioners elected at large
1113 from the entire county are elected every 2 years, except that
1114 any commissioner may be elected to an initial term of less than
1115 4 years if necessary to achieve or maintain such system of
1116 staggered terms. Notwithstanding any law to the contrary, at the
1117 general election immediately following redistricting directed by
1118 s. 1(e), Art. VIII of the State Constitution, each commissioner
1119 elected only by electors who reside in the district must be
1120 elected and terms thereafter shall be staggered as provided in
1121 s. 100.041.
1122 (b) The term of a commissioner elected under paragraph (a)
1123 commences on the second Tuesday after such election.
1124 (c) This subsection does not apply to:
1125 1. Miami-Dade County.
1126 2. Any noncharter county.
1127 3. Any county the charter of which limits the number of
1128 terms a commissioner may serve.
1129 4. Any county in which voters have never approved a charter
1130 amendment limiting the number of terms a commissioner may serve
1131 regardless of subsequent judicial nullification.
1132 Section 30. Paragraph (a) of subsection (3) of section
1133 921.0022, Florida Statutes, is amended to read:
1134 921.0022 Criminal Punishment Code; offense severity ranking
1135 chart.—
1136 (3) OFFENSE SEVERITY RANKING CHART
1137 (a) LEVEL 1
1138
1139 FloridaStatute FelonyDegree Description
1140 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
1141 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.
1142 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
1143 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
1144 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
1145 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
1146 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
1147 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
1148 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
1149 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
1150 322.212(5)(a) 3rd False application for driver license or identification card.
1151 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
1152 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
1153 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
1154 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
1155 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
1156 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
1157 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
1158 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
1159 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
1160 826.01 3rd Bigamy.
1161 828.122(3) 3rd Fighting or baiting animals.
1162 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
1163 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
1164 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
1165 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
1166 838.15(2) 3rd Commercial bribe receiving.
1167 838.16 3rd Commercial bribery.
1168 843.18 3rd Fleeing by boat to elude a law enforcement officer.
1169 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
1170 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
1171 849.23 3rd Gambling-related machines; “common offender” as to property rights.
1172 849.25(2) 3rd Engaging in bookmaking.
1173 860.08 3rd Interfere with a railroad signal.
1174 860.13(1)(a) 3rd Operate aircraft while under the influence.
1175 893.13(2)(a)2. 3rd Purchase of cannabis.
1176 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
1177 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
1178 Section 31. (1) It is the intent of the Legislature to
1179 balance the security of vote-by-mail balloting with voter
1180 privacy and election transparency. The Legislature finds that
1181 further modifications to procedures governing vote-by-mail
1182 balloting would help to further ensure election integrity while
1183 also protecting voters from identity theft and preserving the
1184 public’s right to participate in election processes. To achieve
1185 this purpose, the Legislature directs the Department of State to
1186 provide a plan to prescribe the use of a Florida driver license
1187 number, Florida identification card number, social security
1188 number, or any part thereof to confirm the identity of each
1189 elector returning a vote-by-mail ballot.
1190 (2) The Department of State shall review issues involving
1191 the feasibility, development, and implementation of such a plan,
1192 including issues related to:
1193 (a) In coordination with other agencies such as the
1194 Department of Highway Safety and Motor Vehicles, obtaining a
1195 Florida driver license number or Florida identification card
1196 number and the last four digits of a social security number for
1197 each registered voter who does not have such numbers on file in
1198 the Florida Voter Registration System.
1199 (b) Populating such numbers in the Florida Voter
1200 Registration System.
1201 (c) Protecting identifying numbers submitted with a vote
1202 by-mail ballot, including, but not limited to, prescribing the
1203 form of the return mailing envelope.
1204 (d) Any necessary modifications to canvassing procedures
1205 for vote-by-mail ballots.
1206 (e) Costs associated with development and implementation of
1207 the plan.
1208 (f) A proposal for a program to educate electors on changes
1209 to the vote-by-mail process.
1210 (g) A proposal for including a declaration of an elector’s
1211 current address of legal residence with each written request for
1212 a vote-by-mail ballot.
1213 (3) In the course of reviewing the required issues, the
1214 Department of State must, at a minimum:
1215 (a) Review relevant processes of other states.
1216 (b) Review relevant federal law.
1217 (c) Seek input from supervisors of elections, which must
1218 include representation from supervisors of counties with large,
1219 medium, and small populations.
1220 (4) By February 1, 2023, the Department of State shall
1221 submit to the President of the Senate and the Speaker of the
1222 House of Representatives a report on the plan and draft
1223 legislation for any statutory changes needed to implement the
1224 plan, including any necessary public records exemptions.
1225 Section 32. Except as otherwise expressly provided in this
1226 act, this act shall take effect upon becoming a law.
