Bill Text: FL S1522 | 2024 | Regular Session | Introduced
Bill Title: Elections
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Failed) 2024-03-08 - Died in Ethics and Elections [S1522 Detail]
Download: Florida-2024-S1522-Introduced.html
Florida Senate - 2024 SB 1522 By Senator Thompson 15-00327B-24 20241522__ 1 A bill to be entitled 2 An act relating to elections; amending s. 20.10, F.S.; 3 requiring that the Secretary of State be elected 4 rather than appointed and serve a specified term; 5 specifying when such election must occur; amending s. 6 20.32, F.S.; requiring the Florida Commission on 7 Offender Review to develop and maintain a database for 8 a specified purpose; specifying database requirements; 9 requiring specified entities to provide specified 10 information to the commission on a monthly basis; 11 requiring the Department of Management Services, 12 acting through the Florida Digital Service, to provide 13 technical assistance to the commission in developing 14 and maintaining the database; authorizing the 15 Department of Management Services to adopt rules; 16 requiring the commission to make the database publicly 17 available on a website by a specified date; requiring 18 the commission to update the database monthly; 19 requiring the commission to publish certain 20 instructions on the website; requiring the commission 21 to submit a certain comprehensive plan to the Governor 22 and the Legislature by a specified date; specifying 23 requirements for the comprehensive plan; providing 24 that certain persons who register to vote are 25 prohibited from being charged with certain crimes as a 26 result of such registration or voting; requiring the 27 commission to adopt rules; amending s. 97.021, F.S.; 28 defining terms; repealing s. 97.022, F.S., relating to 29 the Office of Election Crimes and Security; repealing 30 s. 97.0291, F.S.; relating to prohibiting the use of 31 private funds for election-related expenses; creating 32 s. 97.0556, F.S.; authorizing a person who meets 33 certain requirements to register to vote at an early 34 voting site or at his or her polling place and to 35 immediately thereafter cast a ballot; amending s. 36 97.057, F.S.; authorizing the Department of Highway 37 Safety and Motor Vehicles to preregister certain 38 individuals to vote; providing that driver license or 39 identification card applications, driver license or 40 identification card renewal applications, and 41 applications for changes of address for existing 42 driver licenses or identification cards submitted to 43 the department serve as voter registration 44 applications; providing that an applicant is deemed to 45 have consented to the use of his or her signature for 46 voter registration purposes unless a declination is 47 made; requiring that specified applications include a 48 voter registration component, subject to approval by 49 the Department of State; providing requirements for 50 the voter registration component; requiring the 51 Department of Highway Safety and Motor Vehicles to 52 electronically transmit voter registration information 53 to the Department of State within a specified 54 timeframe; requiring the Department of State to 55 provide such information to supervisors of elections; 56 deleting obsolete language; making technical changes; 57 amending s. 97.0575, F.S.; revising the information a 58 third-party voter registration organization is 59 required to provide to the Department of State; 60 deleting a provision that provides for the expiration 61 of such organization’s registration at the conclusion 62 of the general election cycle for which the 63 organization is registered; deleting provisions 64 requiring such organizations to provide a specified 65 receipt to applicants; revising the timeframe within 66 which such organizations must deliver completed 67 applications to the Division of Elections or a 68 supervisor of elections; revising certain penalties; 69 deleting the aggregate limit of such penalties; 70 deleting provisions providing criminal and 71 administrative penalties; deleting provisions 72 requiring the division to adopt certain rules; 73 deleting provisions that prohibit providing applicants 74 a pre-filled voter registration application and a 75 specified fine for such action; deleting provisions 76 providing criminal penalties for the unlawful copying 77 of voter registration applications or retaining of a 78 voter’s personal information; deleting provisions 79 providing for retroactive application; creating part 80 III of ch. 97, F.S., entitled “Florida Voting Rights 81 Act”; creating s. 97.21, F.S.; prohibiting local 82 governments, state agencies, and state officials from 83 implementing or enforcing actions that result in, will 84 result in, or are intended to result in specified 85 disparities or impairments; providing that a 86 rebuttable presumption exists that a violation 87 occurred in specified circumstances; prohibiting any 88 method of election that has the effect, or is 89 motivated in part by the intent, of impairing the 90 opportunity or ability of certain voters to 91 participate in the political process and elect 92 candidates of their choosing or influence the outcome 93 of elections; specifying actions that constitute 94 violations of such provision; requiring courts to 95 adhere to specified guidelines to determine whether 96 racially polarized voting by protected members 97 occurred; requiring courts to consider certain factors 98 when determining whether an impairment of the right to 99 vote for a protected class member or the opportunity 100 or ability to participate in the political process and 101 elect a candidate of their choosing has occurred; 102 providing that a particular combination or number of 103 such factors is not necessary to determine that an 104 impairment occurred; specifying that the court may 105 only consider certain factors; specifying when such 106 factors are most probative; providing factors that the 107 court may consider; prohibiting the court from 108 considering certain factors; requiring a prospective 109 plaintiff, before filing a certain action against a 110 local government, to send a notification letter, by 111 specified means, to the local government; prohibiting 112 a party from filing an action under specified 113 circumstances; authorizing a local government to adopt 114 a specified resolution within a specified timeframe; 115 providing that if the proposed remedy in such 116 resolution is barred by state or local law, it may be 117 approved by the Florida Voting Rights Act Commission, 118 if certain conditions are met; authorizing a party who 119 sent a notification letter to seek reimbursement from 120 the local government under specified circumstances; 121 authorizing a party to bring a cause of action for a 122 specified violation under specified circumstances; 123 requiring local governments to take certain action; 124 requiring the commission to post notification letters 125 and resolutions on its website; authorizing the 126 commission to adopt certain rules; prohibiting local 127 governments from asserting specified defenses; 128 authorizing specified entities to file certain 129 enforcement actions; creating s. 97.22, F.S.; creating 130 the Florida Voting Rights Act Commission within the 131 Department of State; providing that such commission is 132 a separate budget entity and must submit a budget in 133 accordance with specified provisions; providing duties 134 and responsibilities of the commission; providing for 135 the composition of the commission; providing that such 136 commissioners serve staggered terms; requiring that 137 commissioners be compensated at a specified hourly 138 rate; requiring the formation of a nominating 139 committee; providing for the appointment and removal 140 of nominating committee members; requiring the 141 nominating committee to select a chair; requiring 142 commissioners to be selected using a specified 143 process; requiring commissioners to initially be 144 selected by lot and randomly assigned term lengths for 145 purposes of achieving staggered terms; authorizing the 146 commission to take specified actions in any action or 147 investigation to enforce specified provisions; 148 authorizing the commission to hire staff and make 149 expenditures for a specified purpose; authorizing the 150 commission to adopt rules; creating s. 97.23, F.S.; 151 requiring the commission to enter into agreements with 152 one or more postsecondary educational institutions to 153 create the Florida Voting and Elections Database and 154 Institute for a specified purpose; requiring the 155 parties to the agreement to enter into a memorandum of 156 understanding to select a director; authorizing the 157 database and institute to perform specified actions; 158 requiring the database and institute to make election 159 and voting data records for a specified timeframe 160 available to the public at no cost and to maintain 161 such records in an electronic format; requiring the 162 database and institute to use certain methodologies 163 when preparing estimates; providing the data and 164 records that must be maintained; requiring state 165 agencies and local governments to provide any 166 information requested by the director of the database 167 and institute; requiring local governments to transmit 168 specified information to the database and institute 169 within a certain timeframe; requiring specified 170 entities to annually provide processing data, 171 statistics, and other information to the database and 172 institute; authorizing specified entities to file 173 enforcement actions; providing that such claim may be 174 filed in accordance with the Florida Rules of Civil 175 Procedure in a specified venue; requiring the database 176 and institute to publish a certain report; requiring 177 the database and institute to provide nonpartisan 178 technical assistance to specified entities; providing 179 that a rebuttable presumption exists that data, 180 estimates, or other information from the database and 181 institute is valid; creating s. 97.24, F.S.; defining 182 terms; requiring the commission to designate languages 183 other than English for which language assistance must 184 be provided by a local government, if certain 185 conditions exist; providing the circumstances under 186 which the commission must designate languages other 187 than English for voting and elections; requiring the 188 commission to annually publish specified information 189 on its website; requiring local governments to provide 190 language assistance for specified purposes if the 191 commission makes a certain determination; specifying 192 the materials that must be provided in such language; 193 requiring that certain information be given orally to 194 voters; requiring that translated materials convey a 195 specified intent and meaning; prohibiting local 196 governments from relying on automatic translation 197 services; requiring that live translation be used if 198 available; requiring the commission to adopt specified 199 rules; authorizing specified entities to file 200 enforcement actions; requiring that such actions be 201 filed in accordance with the Florida Rules of Civil 202 Procedure or in a specified venue; creating s. 97.25, 203 F.S.; providing that the enactment or implementation 204 of a covered policy by a covered jurisdiction is 205 subject to preclearance by the commission; specifying 206 actions by a local government which are a covered 207 policy; specifying which local governments are a 208 covered jurisdiction; requiring the commission to 209 annually determine and publish a list of local 210 governments that are covered jurisdictions on its 211 website; requiring a covered jurisdiction, if seeking 212 preclearance, to submit the covered policy to the 213 commission in writing; requiring the commission to 214 review the covered policy and grant or deny 215 preclearance; providing that the covered jurisdiction 216 bears the burden of proof in the preclearance process; 217 requiring the commission to provide a written 218 explanation for the denial; providing that the 219 commission may deny preclearance only if it makes a 220 certain determination; providing that if preclearance 221 is denied, the covered policy may not be implemented; 222 authorizing a covered jurisdiction to immediately 223 implement or enact a covered policy granted 224 preclearance; providing that such determination is not 225 admissible or may not be considered by a court in a 226 subsequent action challenging the covered policy; 227 providing that a covered policy is deemed precleared 228 and may be implemented or enacted by the covered 229 jurisdiction if the commission fails to approve or 230 deny the covered policy within specified timeframes; 231 requiring the commission to grant or deny preclearance 232 within specified timeframes; authorizing the 233 commission to invoke a specified number of extensions 234 of a specified timeframe to determine preclearance; 235 providing that any denial of preclearance may be 236 appealed only by the covered jurisdiction in a 237 specified venue; authorizing specified entities to 238 enjoin the enactment or implementation of specified 239 policies and seek sanctions against covered 240 jurisdictions in specified circumstances; authorizing 241 specified entities to file enforcement actions; 242 specifying that such actions must be filed in 243 accordance with the Florida Rules of Civil Procedure 244 or in a specified venue; requiring the commission to 245 adopt rules; creating s. 97.26, F.S.; prohibiting a 246 person from engaging in acts of intimidation, 247 deception, obstruction, or any other tactic that has 248 the effect, or will reasonably have the effect, of 249 interfering with another person’s right to vote; 250 specifying acts that are deemed a violation; providing 251 a rebuttable presumption; authorizing specified 252 entities to file a civil action to enforce specified 253 provisions; creating s. 97.27, F.S.; providing 254 construction; providing applicability; creating s. 255 97.28, F.S.; requiring a court to order specified 256 appropriate remedies for violations of the act; 257 requiring the court to consider remedies proposed by 258 specified parties; prohibiting the court from giving 259 deference to a remedy proposed by the state or local 260 government; providing that the court is empowered to 261 require local governments to implement certain 262 remedies under specified conditions; requiring the 263 courts to grant a temporary injunction or other 264 preliminary relief requested under specified 265 conditions; requiring the court to award attorney fees 266 and litigation costs in actions to enforce specified 267 provisions; amending s. 98.045, F.S.; conforming a 268 cross-reference; creating s. 100.51, F.S.; 269 establishing General Election Day as a paid holiday; 270 providing that a voter may absent himself or herself 271 from service or employment at a specific time on a 272 General Election Day and may not be penalized or have 273 salary or wages reduced for such absence; creating s. 274 101.016, F.S.; requiring the Division of Elections to 275 maintain a strategic elections equipment reserve of 276 voting systems and other equipment for specified 277 purposes; requiring that such reserve include 278 specified equipment; authorizing the division to 279 contract with specified entities rather than 280 physically maintain such reserve; repealing s. 281 101.019, F.S., relating to the prohibition on ranked 282 choice voting; amending s. 101.048, F.S.; providing 283 that a voter may cast a provisional ballot at any 284 precinct in the county in which the voter claims to be 285 registered; making technical changes; amending s. 286 101.62, F.S.; providing that a request for a vote-by 287 mail ballot is valid until the voter cancels the 288 request; revising the timeframe during which the 289 supervisor must mail vote-by-mail ballots before 290 election day; deleting requirements for a person 291 designated by an elector to pick up the elector’s 292 vote-by-mail ballot; providing for extension of 293 deadlines under certain conditions; amending s. 294 101.64, F.S.; requiring supervisors of elections to 295 enclose a postage prepaid mailing envelope with each 296 vote-by-mail ballot; providing that vote-by-mail 297 ballot voter certificates may be signed with the last 298 four digits of the voter’s social security number; 299 making technical changes; amending s. 101.65, F.S.; 300 revising the instructions that must be provided with a 301 vote-by-mail ballot; amending s. 101.68, F.S.; 302 requiring supervisors of elections to compare the 303 signature or last four digits of the social security 304 number on a voter’s certificate with the signature or 305 last four digits of the social security number in the 306 registration books or precinct register when 307 canvassing a vote-by-mail ballot; requiring a 308 canvassing board to compare the signature or last four 309 digits of the social security number on a voter’s 310 certificate or vote-by-mail ballot cure affidavit with 311 the signature or last four digits of the social 312 security number in the registration books or precinct 313 register when canvassing a vote-by-mail ballot; 314 deleting the authorization for certain persons to file 315 a protest against the canvass of a ballot; amending s. 316 101.69, F.S.; deleting provisions providing that 317 specified secure ballot intake stations be used only 318 during specified timeframes and be monitored by an 319 employee of the supervisor’s office; requiring that 320 secure ballot intake stations be monitored by the 321 supervisor’s office during specified timeframes 322 instead of continuously monitored in person; deleting 323 a provision authorizing a certain civil penalty; 324 amending s. 104.42, F.S.; conforming a provision to 325 changes made by the act; providing an effective date. 326 327 WHEREAS, Harry T. and Harriette V. Moore were the first 328 true civil rights activists of the modern civil rights era in 329 this state, and 330 WHEREAS, the Moores, and the organizations they helped 331 found and lead, were instrumental in registering more than 332 100,000 black voters in this state, and 333 WHEREAS, the Moores paid the ultimate price for the 334 freedoms they fought to secure for their community when members 335 of the Ku Klux Klan bombed their home in Mims on Christmas Day 336 in 1951, and 337 WHEREAS, at the time of their death, Florida had the most 338 registered black voters, outpacing any other state in the South, 339 and 340 WHEREAS, the purpose of this act is to encourage maximum 341 participation of all eligible voters in this state’s electoral 342 process, and 343 WHEREAS, electoral systems that deny race, color, or 344 language minority groups an equal opportunity to elect 345 candidates of their choice and influence the outcome of an 346 election are inconsistent with the right to equal treatment 347 before the law as provided in Articles I and II of the State 348 Constitution as well as protections found in the 14th and 15th 349 Amendments to the United States Constitution, and 350 WHEREAS, this act expands voting rights granted under the 351 federal Voting Rights Act of 1965 and reaffirms the well 352 established principle of “one person, one vote,” and 353 WHEREAS, following decisions by the United States Supreme 354 Court in Shelby County v. Holder and Brnovich v. Democratic 355 National Committee, the landmark Voting Rights Act of 1965 has 356 been severely diminished in its ability to protect the freedom 357 and opportunity of black and brown voters to fully participate 358 in the political process of our democratic republic, and 359 WHEREAS, this act builds on the historical work of the 360 named and nameless Floridians who fought for their right to the 361 elective franchise, NOW, THEREFORE, 362 363 Be It Enacted by the Legislature of the State of Florida: 364 365 Section 1. Subsection (1) of section 20.10, Florida 366 Statutes, is amended to read: 367 20.10 Department of State.—There is created a Department of 368 State. 369 (1) The head of the Department of State is the Secretary of 370 State. The Secretary of State shall be elected at the statewide 371 general election at which the Governor, Lieutenant Governor, and 372 Cabinet officers are elected as provided in s. 5, Art. IV of the 373 State Constitution, for a term of 4 years beginning on the first 374 Tuesday after the first Monday in January of the year following 375 such electionappointed by the Governor, subject to confirmation376by the Senate, and shall serve at the pleasure of the Governor. 377 The Secretary of State shall perform the functions conferred by 378 the State Constitution upon the custodian of state records. 379 Section 2. Subsection (4) is added to section 20.32, 380 Florida Statutes, to read: 381 20.32 Florida Commission on Offender Review.— 382 (4)(a) For the purpose of assisting a person who has been 383 disqualified from voting based on a felony conviction other than 384 murder or a felony sexual offense in determining whether he or 385 she has met the requirements under s. 98.0751 to have his or her 386 voting rights restored pursuant to s. 4, Art. VI of the State 387 Constitution, the commission shall develop and maintain a 388 database that contains for each such person all of the following 389 information: 390 1. His or her name and any other personal identifying 391 information. 392 2. The remaining length of any term of supervision, 393 including, but not limited to, probation, community control, or 394 parole, ordered by a court as part of his or her sentence. 395 3. The remaining amount of any restitution owed to a victim 396 as ordered by a court as part of his or her sentence. 397 4. The remaining amount due of any fines or fees that were 398 initially ordered by a court as part of his or her sentence or 399 as a condition of any form of supervision, including, but not 400 limited to, probation, community control, or parole. 401 5. The completion status of any other term ordered by a 402 court as a part of his or her sentence. 403 6. Any other information needed to determine whether he or 404 she has met the requirements for restoration of voting rights 405 under s. 98.0751. 406 (b) The Department of State, the Department of Corrections, 407 the clerks of the circuit court, the county comptrollers, and 408 the Board of Executive Clemency shall provide to the commission 409 on a monthly basis any information required under paragraph (a). 410 (c) The Department of Management Services, acting through 411 the Florida Digital Service, shall provide any technical 412 assistance necessary for the commission to develop and maintain 413 the database. The Department of Management Services may adopt 414 rules governing the provision of such assistance. 415 (d) By July 1, 2026, the commission shall make the database 416 available on a public website. The commission must update the 417 database monthly with the information received from each 418 governmental entity under paragraph (b). The commission shall 419 publish on the website clear instructions that a person who has 420 been disqualified from voting based on a felony conviction other 421 than murder or felony sexual offense may follow to have his or 422 her voting rights restored and to register to vote. 423 (e) By July 1, 2024, the commission shall provide a 424 comprehensive plan to the Governor, the President of the Senate, 425 and the Speaker of the House of Representatives which includes 426 all of the following: 427 1. The governmental entities from which and the methods by 428 which the commission shall collect, centralize, analyze, and 429 secure the information required to be included in the database. 430 2. A description of any infrastructure and services, 431 including, but not limited to, software, hardware, and 432 information technology services, which may be necessary to 433 create and maintain the database. 434 3. The anticipated number of additional employees necessary 435 for: 436 a. The commission to develop and maintain the database. 437 b. A governmental entity to provide the information 438 required under paragraph (b). 439 c. The Florida Digital Service to provide the assistance 440 required under paragraph (c). 441 4. The anticipated cost to initially develop the database; 442 the annual cost to maintain the database; and the annual 443 appropriation required to fund the anticipated costs incurred by 444 the commission, each governmental entity, and the Florida 445 Digital Service. 446 5. Any legal authority necessary for the commission to 447 develop and maintain the database. 448 6. Draft legislation to implement the comprehensive plan. 449 (f) Notwithstanding any other law, a person who registers 450 to vote or who votes in reasonable reliance on information 451 contained in the database indicating that his or her voting 452 rights have been restored pursuant to s. 4, Art. VI of the State 453 Constitution has an affirmative right to register and to vote 454 and may not be charged with a violation of any criminal law of 455 this state related to fraudulently voting or registering to 456 vote. 457 (g) The commission shall adopt rules to implement this 458 subsection. 459 Section 3. Section 97.021, Florida Statutes, is amended to 460 read: 461 97.021 Definitions.—For the purposes of this code, except 462 where the context clearly indicates otherwise, the term: 463 (1) “Absent elector” means any registered and qualified 464 voter who casts a vote-by-mail ballot. 465 (2) “Absent uniformed services voter” means: 466 (a) A member of a uniformed service on active duty who, by 467 reason of such active duty, is absent from the place of 468 residence where the member is otherwise qualified to vote; 469 (b) A member of the merchant marine who, by reason of 470 service in the merchant marine, is absent from the place of 471 residence where the member is otherwise qualified to vote; or 472 (c) A spouse or dependent of a member referred to in 473 paragraph (a) or paragraph (b) who, by reason of the active duty 474 or service of the member, is absent from the place of residence 475 where the spouse or dependent is otherwise qualified to vote. 476 (3) “Address of legal residence” means the legal 477 residential address of the elector and includes all information 478 necessary to differentiate one residence from another, 479 including, but not limited to, a distinguishing apartment, 480 suite, lot, room, or dormitory room number or other identifier. 481 (4) “Alternative formats” has the meaning ascribed in the 482 Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42 483 U.S.C. ss. 12101 et seq., including specifically the technical 484 assistance manuals promulgated thereunder, as amended. 485 (5) “Alternative method election” means a method of 486 electing candidates to the legislative body of a local 487 government other than an at-large method of election or a 488 district-based method of election, and includes, but is not 489 limited to, proportional ranked-choice voting, cumulative 490 voting, and limited voting. 491 (6)(a) “At-large method of election” means any of the 492 following methods of electing members to the governing body of a 493 political subdivision: 494 1. One in which the voters of the entire jurisdiction elect 495 the members of the governing body. 496 2. One in which the candidates are required to reside 497 within specified areas of the jurisdiction and the voters of the 498 entire jurisdiction elect the members of the governing body. 499 3. One which combines at-large elections with district 500 based elections. 501 (b) The term does not include any alternative method of 502 election. 503 (7) “Automatic tabulating equipment” means an apparatus 504 that automatically examines, counts, and records votes. 505 (8)(6)“Ballot” or “official ballot” when used in reference 506 to: 507 (a) “Electronic or electromechanical devices” means a 508 ballot that is voted by the process of electronically 509 designating, including by touchscreen, or marking with a marking 510 device for tabulation by automatic tabulating equipment or data 511 processing equipment. 512 (b) “Marksense ballots” means that printed sheet of paper, 513 used in conjunction with an electronic or electromechanical vote 514 tabulation voting system, containing the names of candidates, or 515 a statement of proposed constitutional amendments or other 516 questions or propositions submitted to the electorate at any 517 election, on which sheet of paper an elector casts his or her 518 vote. 519 (9)(7)“Candidate” means any person to whom any one or more 520 of the following applies: 521 (a) Any person who seeks to qualify for nomination or 522 election by means of the petitioning process. 523 (b) Any person who seeks to qualify for election as a 524 write-in candidate. 525 (c) Any person who receives contributions or makes 526 expenditures, or gives his or her consent for any other person 527 to receive contributions or make expenditures, with a view to 528 bringing about his or her nomination or election to, or 529 retention in, public office. 530 (d) Any person who appoints a treasurer and designates a 531 primary depository. 532 (e) Any person who files qualification papers and 533 subscribes to a candidate’s oath as required by law. 534 535 However, this definition does not include any candidate for a 536 political party executive committee. 537 (10)”Database and institute” means the Florida Voting and 538 Elections Database and Institute. 539 (11)(8)“Department” means the Department of State. 540 (12) “District-based method of election” means a method of 541 electing candidates to the legislative body of a local 542 government in which, for counties or municipalities divided into 543 districts, a candidate for any such district is required to 544 reside in the district and candidates representing or seeking to 545 represent the district are voted upon by only the voters of that 546 district. 547 (13)(9)“Division” means the Division of Elections of the 548 Department of State. 549 (14)(10)“Early voting” means casting a ballot prior to 550 election day at a location designated by the supervisor of 551 elections and depositing the voted ballot in the tabulation 552 system. 553 (15)(11)“Early voting area” means the area designated by 554 the supervisor of elections at an early voting site at which 555 early voting activities occur, including, but not limited to, 556 lines of voters waiting to be processed, the area where voters 557 check in and are processed, and the area where voters cast their 558 ballots. 559 (16)(12)“Early voting site” means those locations 560 specified in s. 101.657 and the building in which early voting 561 occurs. 562 (17)(13)“Election” means any primary election, special 563 primary election, special election, general election, or 564 presidential preference primary election. 565 (18)(14)“Election board” means the clerk and inspectors 566 appointed to conduct an election. 567 (19)(15)“Election costs” shall include, but not be limited 568 to, expenditures for all paper supplies such as envelopes, 569 instructions to voters, affidavits, reports, ballot cards, 570 ballot booklets for vote-by-mail voters, postage, notices to 571 voters; advertisements for registration book closings, testing 572 of voting equipment, sample ballots, and polling places; forms 573 used to qualify candidates; polling site rental and equipment 574 delivery and pickup; data processing time and supplies; election 575 records retention; and labor costs, including those costs 576 uniquely associated with vote-by-mail ballot preparation, poll 577 workers, and election night canvass. 578 (20)(16)“Elector” is synonymous with the word “voter” or 579 “qualified elector or voter,” except where the word is used to 580 describe presidential electors. 581 (21) “Federal Voting Rights Act” means the federal Voting 582 Rights Act of 1965, 52 U.S.C. s. 10301 et seq., as amended. 583 (22) “FLVRA Commission” means the Florida Voting Rights Act 584 Commission. 585 (23)(17)“General election” means an election held on the 586 first Tuesday after the first Monday in November in the even 587 numbered years, for the purpose of filling national, state, 588 county, and district offices and for voting on constitutional 589 amendments not otherwise provided for by law. 590 (24) “Government enforcement action” means any denial of 591 administrative or judicial preclearance by the state or the 592 Federal Government; pending litigation filed by a state or 593 federal entity; or final judgment or adjudication, consent 594 decree, or other similar formal action. 595 (25) “Legislative body” means the commission, council, 596 school board, or other similar body, by whatever name known, of 597 local government. 598 (26)(18)“Lists of registered electors” means names and 599 associated information of registered electors maintained by the 600 department in the statewide voter registration system or 601 generated or derived from the statewide voter registration 602 system. Lists may be produced in printed or electronic format. 603 (27) “Local government” means any county, municipality, 604 school district, special district, supervisor of elections or 605 other governmental entity that administers elections, or any 606 other political subdivision in the state in which elections are 607 conducted. 608 (28)(19)“Member of the Merchant Marine” means an 609 individual, other than a member of a uniformed service or an 610 individual employed, enrolled, or maintained on the Great Lakes 611 for the inland waterways, who is: 612 (a) Employed as an officer or crew member of a vessel 613 documented under the laws of the United States, a vessel owned 614 by the United States, or a vessel of foreign-flag registry under 615 charter to or control of the United States; or 616 (b) Enrolled with the United States for employment or 617 training for employment, or maintained by the United States for 618 emergency relief service, as an officer or crew member of such 619 vessel. 620 (29)(20)“Minor political party” is any group as specified 621 in s. 103.095 which on January 1 preceding a primary election 622 does not have registered as members 5 percent of the total 623 registered electors of the state. 624 (30)(21)“Newspaper of general circulation” means a 625 newspaper printed in the language most commonly spoken in the 626 area within which it circulates and which is readily available 627 for purchase by all inhabitants in the area of circulation, but 628 does not include a newspaper intended primarily for members of a 629 particular professional or occupational group, a newspaper the 630 primary function of which is to carry legal notices, or a 631 newspaper that is given away primarily to distribute 632 advertising. 633 (31)(22)“Nominal value” means having a retail value of $10 634 or less. 635 (32)(23)“Nonpartisan office” means an office for which a 636 candidate is prohibited from campaigning or qualifying for 637 election or retention in office based on party affiliation. 638 (33)(24)“Office that serves persons with disabilities” 639 means any state office that takes applications either in person 640 or over the telephone from persons with disabilities for any 641 program, service, or benefit primarily related to their 642 disabilities. 643 (34) “Organization” means a person other than an 644 individual. 645 (35)(25)“Overseas voter” means: 646 (a) An absent uniformed services voter who, by reason of 647 active duty or service, is absent from the United States on the 648 date of the election involved; 649 (b) A person who resides outside the United States and is 650 qualified to vote in the last place in which the person was 651 domiciled before leaving the United States; or 652 (c) A person who resides outside the United States and, but 653 for such residence, would be qualified to vote in the last place 654 in which the person was domiciled before leaving the United 655 States. 656 (36)(26)“Overvote” means that the elector marks or 657 designates more names than there are persons to be elected to an 658 office or designates more than one answer to a ballot question, 659 and the tabulator records no vote for the office or question. 660 (37)(27)“Persons with disabilities” means individuals who 661 have a physical or mental impairment that substantially limits 662 one or more major life activities. 663 (38)(28)“Petition circulator” means an entity or 664 individual who collects signatures for compensation for the 665 purpose of qualifying a proposed constitutional amendment for 666 ballot placement. 667 (39)(29)“Polling place” is the building which contains the 668 polling room where ballots are cast. 669 (40)(30)“Polling room” means the actual room in which 670 ballots are cast on election day and during early voting. 671 (41)(31)“Primary election” means an election held 672 preceding the general election for the purpose of nominating a 673 party nominee to be voted for in the general election to fill a 674 national, state, county, or district office. 675 (42) “Protected class” means a class of citizens who are 676 members of a race, color, or language minority group, as 677 referenced in the federal Voting Rights Act. 678 (43)(32)“Provisional ballot” means a conditional ballot, 679 the validity of which is determined by the canvassing board. 680 (44)(33)“Public assistance” means assistance provided 681 through the food assistance program under the federal 682 Supplemental Nutrition Assistance Program; the Medicaid program; 683 the Special Supplemental Food Program for Women, Infants, and 684 Children; and the Temporary Cash Assistance Program. 685 (45)(34)“Public office” means any federal, state, county, 686 municipal, school, or other district office or position which is 687 filled by vote of the electors. 688 (46)(35)“Qualifying educational institution” means any 689 public or private educational institution receiving state 690 financial assistance which has, as its primary mission, the 691 provision of education or training to students who are at least 692 18 years of age, provided such institution has more than 200 693 students enrolled in classes with the institution and provided 694 that the recognized student government organization has 695 requested this designation in writing and has filed the request 696 with the office of the supervisor of elections in the county in 697 which the institution is located. 698 (47) “Racially polarized voting” means voting in which the 699 candidate or electoral choice preferred by protected class 700 members diverges from the candidate or electoral choice 701 preferred by voters who are not protected class members. 702 (48)(36)“Special election” is a special election called 703 for the purpose of voting on a party nominee to fill a vacancy 704 in the national, state, county, or district office. 705 (49)(37)“Special primary election” is a special nomination 706 election designated by the Governor, called for the purpose of 707 nominating a party nominee to be voted on in a general or 708 special election. 709 (50)(38)“Supervisor” means the supervisor of elections. 710 (51)(39)“Tactile input device” means a device that 711 provides information to a voting system by means of a voter 712 touching the device, such as a keyboard, and that complies with 713 the requirements of s. 101.56062(1)(k) and (l). 714 (52)(40)“Third-party registration organization” means any 715 person, entity, or organization soliciting or collecting voter 716 registration applications. A third-party voter registration 717 organization does not include: 718 (a) A person who seeks only to register to vote or collect 719 voter registration applications from that person’s spouse, 720 child, or parent; or 721 (b) A person engaged in registering to vote or collecting 722 voter registration applications as an employee or agent of the 723 division, supervisor of elections, Department of Highway Safety 724 and Motor Vehicles, or a voter registration agency. 725 (53)(41)“Undervote” means that the elector does not 726 properly designate any choice for an office or ballot question, 727 and the tabulator records no vote for the office or question. 728 (54)(42)“Uniformed services” means the Army, Navy, Air 729 Force, Marine Corps, Space Force, and Coast Guard, the 730 commissioned corps of the Public Health Service, and the 731 commissioned corps of the National Oceanic and Atmospheric 732 Administration. 733 (55) “Vote” or “voting” includes any action necessary to 734 cast a ballot and make such ballot effective in any election or 735 primary election, including, but not limited to, voter 736 registration, requesting a vote-by-mail ballot, and any other 737 action required by law as a prerequisite to casting a ballot and 738 having such ballot counted, canvassed, or certified properly and 739 included in the appropriate totals of votes cast with respect to 740 candidates for election or nomination and to referendum 741 questions. 742 (56)(43)“Voter interface device” means any device that 743 communicates voting instructions and ballot information to a 744 voter and allows the voter to select and vote for candidates and 745 issues. A voter interface device may not be used to tabulate 746 votes. Any vote tabulation must be based upon a subsequent scan 747 of the marked marksense ballot or the voter-verifiable paper 748 output after the voter interface device process has been 749 completed. 750 (57)(44)“Voter registration agency” means any office that 751 provides public assistance, any office that serves persons with 752 disabilities, any center for independent living, or any public 753 library. 754 (58)(45)“Voter registration official” means any supervisor 755 of elections or individual authorized by the Secretary of State 756 to accept voter registration applications and execute updates to 757 the statewide voter registration system. 758 (59)(46)“Voting booth” or “booth” means that booth or 759 enclosure wherein an elector casts his or her ballot for 760 tabulation by an electronic or electromechanical device. 761 (60)(47)“Voting system” means a method of casting and 762 processing votes that functions wholly or partly by use of 763 electromechanical or electronic apparatus or by use of marksense 764 ballots and includes, but is not limited to, the procedures for 765 casting and processing votes and the programs, operating 766 manuals, supplies, printouts, and other software necessary for 767 the system’s operation. 768 769 Terms used in this code which are not defined in this section 770 but are used in the federal Voting Rights Act and interpreted in 771 relevant case law, including, but not limited to, “political 772 process” and “prerequisite to voting,” must be construed in a 773 manner consistent with such usage and interpretation. 774 Section 4. Section 97.022, Florida Statutes, is repealed. 775 Section 5. Section 97.0291, Florida Statutes, is repealed. 776 Section 6. Section 97.0556, Florida Statutes, is created to 777 read: 778 97.0556 Same-day voter registration.—A person who meets the 779 qualifications specified in s. 97.041 to register to vote and 780 who provides the information required for the statewide voter 781 registration application in s. 97.052 may register at an early 782 voting site or at his or her polling place and immediately 783 thereafter cast a ballot. 784 Section 7. Section 97.057, Florida Statutes, is amended to 785 read: 786 97.057 Voter registration by the Department of Highway 787 Safety and Motor Vehicles.— 788 (1)(a) Each of the following serves as an applicationThe789Department of Highway Safety and Motor Vehicles shall provide790the opportunityto preregister to vote, register to vote, orto791 update a voter registration record when submitted to the 792 Department of Highway Safety and Motor Vehiclesto each793individual who comes to an office of that department to: 794 1.(a)An application for or renewal ofApply for or renewa 795 driver license; 796 2.(b)An application for or renewal ofApply for or renew797 an identification card pursuant to chapter 322; or 798 3.(c)An application for a change ofanaddress on an 799 existing driver license or identification card. 800 (b) Unless the applicant declines to register or 801 preregister to vote, he or she is deemed to have consented to 802 the use of the signature from his or her driver license or 803 identification card application for voter registration purposes. 804 (2) An application for a driver license or an 805 identification card must include a voter registration component. 806 The voter registration component must be approved by the 807 Department of State and must include all of the following: 808 (a) The minimum amount of information necessary to prevent 809 duplicate voter registrations and to preserve the ability of the 810 department and supervisors of elections to assess the 811 eligibility of the applicant and administer voter registration 812 and other provisions of this code. 813 (b) A statement setting forth voting eligibility 814 requirements. 815 (c) An explanation that the applicant is consenting to the 816 use of his or her signature from the applicant’s driver license 817 or identification card application for voter registration 818 purposes. By consenting to the use of his or her signature, the 819 applicant is deemed to have subscribed to the oath required by 820 s. 3, Art. VI of the State Constitution and s. 97.051 and to 821 have sworn and affirmed that the voter registration information 822 contained in the application is true under penalty for false 823 swearing pursuant to s. 104.011. 824 (d) An option that allows the applicant to choose or update 825 a party affiliation; otherwise, an applicant who is initially 826 registering to vote and does not exercise such option must be 827 sent a notice by the supervisor of elections in accordance with 828 s. 97.053(5)(b). 829 (e) An option that allows the applicant to decline to 830 register to vote or preregister to vote. The Department of 831 Highway Safety and Motor Vehicles shall note any such 832 declination in its records and forward the declination to the 833 Department of State. Any declination may be used only for voter 834 registration purposes and is confidential and exempt from public 835 records requirements as provided in s. 97.0585. 836 (3) The Department of Highway Safety and Motor Vehicles 837 shall: 838 (a) Develop a voter registration component for applications 839 which meets the requirements set forth in subsection (2). 840 (b) Electronically transmit the voter registration 841 component of an applicant’s driver license or identification 842 card application to the Department of State within 24 hours 843 after receipt. Upon receipt of the voter registration component, 844 the Department of State shall provide the information to the 845 supervisor of the county in which the applicant is registering 846 or preregistering to vote or updating his or her voter 847 registration record. 848(2)The Department of Highway Safety and Motor Vehicles849shall:850(a) Notify each individual, orally or in writing, that:8511. Information gathered for the completion of a driver852license or identification card application, renewal, or change853of address can be automatically transferred to a voter854registration application;8552. If additional information and a signature are provided,856the voter registration application will be completed and sent to857the proper election authority;8583. Information provided can also be used to update a voter859registration record;8604. All declinations will remain confidential and may be861used only for voter registration purposes; and8625. The particular driver license office in which the person863applies to register to vote or updates a voter registration864record will remain confidential and may be used only for voter865registration purposes.866(b) Require a driver license examiner to inquire orally or,867if the applicant is hearing impaired, inquire in writing whether868the applicant wishes to register to vote or update a voter869registration record during the completion of a driver license or870identification card application, renewal, or change of address.8711. If the applicant chooses to register to vote or to872update a voter registration record:873a. All applicable information received by the Department of874Highway Safety and Motor Vehicles in the course of filling out875the forms necessary under subsection (1) must be transferred to876a voter registration application.877b. The additional necessary information must be obtained by878the driver license examiner and must not duplicate any879information already obtained while completing the forms required880under subsection (1).881c. A voter registration application with all of the882applicant’s voter registration information required to establish883the applicant’s eligibility pursuant to s. 97.041 must be884presented to the applicant to review and verify the voter885registration information received and provide an electronic886signature affirming the accuracy of the information provided.8872. If the applicant declines to register to vote, update888the applicant’s voter registration record, or change the889applicant’s address by either orally declining or by failing to890sign the voter registration application, the Department of891Highway Safety and Motor Vehicles must note such declination on892its records and shall forward the declination to the statewide893voter registration system.894(3) For the purpose of this section, the Department of895Highway Safety and Motor Vehicles, with the approval of the896Department of State, shall prescribe:897(a) A voter registration application that is the same in898content, format, and size as the uniform statewide voter899registration application prescribed under s. 97.052; and900(b) A form that will inform applicants under subsection (1)901of the information contained in paragraph (2)(a).902(4) The Department of Highway Safety and Motor Vehicles903must electronically transmit completed voter registration904applications within 24 hours after receipt to the statewide905voter registration system. Completed paper voter registration906applications received by the Department of Highway Safety and907Motor Vehicles shall be forwarded within 5 days after receipt to908the supervisor of the county where the office that processed or909received that application is located.910(5) The Department of Highway Safety and Motor Vehicles911must send, with each driver license renewal extension912application authorized pursuant to s. 322.18(8), a uniform913statewide voter registration application, the voter registration914application prescribed under paragraph (3)(a), or a voter915registration application developed especially for the purposes916of this subsection by the Department of Highway Safety and Motor917Vehicles, with the approval of the Department of State, which918must meet the requirements of s. 97.052.919 (4)(6)A person providing voter registration services for a 920 driver license office may not: 921 (a) Seek to influence an applicant’s political preference 922 or party registration; 923 (b) Display any political preference or party allegiance; 924 (c) Make any statement to an applicant or take any action 925 the purpose or effect of which is to discourage the applicant 926 from registering to vote; or 927 (d) Disclose any applicant’s voter registration information 928 except as needed for the administration of voter registration. 929 (5)(7)The Department of Highway Safety and Motor Vehicles 930 shall collect data determined necessary by the Department of 931 State for program evaluation and reporting to the Election 932 Assistance Commission pursuant to federal law. 933 (6)(8)The Department of Highway Safety and Motor Vehicles 934 shallmustensure that all voter registration services provided 935 by driver license offices are in compliance with the federal 936 Voting Rights Actof 1965. 937 (7)(9)The Department of Highway Safety and Motor Vehicles 938 shall retain complete records of voter registration information 939 received, processed, and submitted to the Department of State 940statewide voter registration systemby the Department of Highway 941 Safety and Motor Vehicles. The retention of suchTheserecords 942 isshall befor the explicit purpose of supporting audit and 943 accounting controls established to ensure accurate and complete 944 electronic transmission of records between the Department of 945 Statestatewide voter registration systemand the Department of 946 Highway Safety and Motor Vehicles. 947 (8)(10)The Department of State shall provide the 948 Department of Highway Safety and Motor Vehicles with an 949 electronic database of street addresses valid for use as the 950 address of legal residence as required in s. 97.053(5). The 951 Department of Highway Safety and Motor Vehicles shall compare 952 the address provided by the applicant against the database of 953 valid street addresses. If the address provided by the applicant 954 does not match a valid street address in the database, the 955 applicant will be asked to verify the address provided. The 956 Department of Highway Safety and Motor Vehicles mayshallnot 957 reject any application for voter registration for which a valid 958 match cannot be made. 959 (9)(11)The Department of Highway Safety and Motor Vehicles 960 shall enter into an agreement with the Department of State to 961 match information in the statewide voter registration system 962 with information in the database of the Department of Highway 963 Safety and Motor Vehicles to the extent required to verify the 964 accuracy of the driver license number, Florida identification 965 number, or last four digits of the social security number 966 provided on applications for voter registration as required in 967 s. 97.053. 968 (10)(12)The Department of Highway Safety and Motor 969 Vehicles shall enter into an agreement with the Commissioner of 970 Social Security as required by the Help America Vote Act of 2002 971 to verify the last four digits of the social security number 972 provided in applications for voter registration as required in 973 s. 97.053. 974 (11)(13)The Department of Highway Safety and Motor 975 Vehicles shallmustassist the Department of State in regularly 976 identifying changes in residence address on the driver license 977 or identification card of a voter. The Department of State shall 978mustreport each such change to the appropriate supervisor of 979 elections who must change the voter’s registration records in 980 accordance with s. 98.065(4). 981 Section 8. Section 97.0575, Florida Statutes, is amended to 982 read: 983 97.0575 Third-party voter registration organizations.— 984 (1) Before engaging in any voter registration activities, a 985 third-party voter registration organization must register and 986 provide to the division, in an electronic format, the following 987 information: 988 (a) The names of the officers of the organization and the 989 name and permanent address of the organization. 990 (b) The name and address of the organization’s registered 991 agent in the state. 992 (c) The names, permanent addresses, and temporary 993 addresses, if any, of each registration agent registering 994 persons to vote in this state on behalf of the organization. 995 This paragraph does not apply to persons who only solicit 996 applications and do not collect or handle voter registration 997 applications. 998(d) Beginning November 6, 2024, the specific general999election cycle for which the third-party voter registration1000organization is registering persons to vote.1001(e) An affirmation that each person collecting or handling1002voter registration applications on behalf of the third-party1003voter registration organization has not been convicted of a1004felony violation of the Election Code, a felony violation of an1005offense specified in s. 825.103, a felony offense specified in1006s. 98.0751(2)(b) or (c), or a felony offense specified in1007chapter 817, chapter 831, or chapter 837. A third-party voter1008registration organization is liable for a fine in the amount of1009$50,000 for each such person who has been convicted of a felony1010violation of the Election Code, a felony violation of an offense1011specified in s. 825.103, a felony offense specified in s.101298.0751(2)(b) or (c), or a felony offense specified in chapter1013817, chapter 831, or chapter 837 who is collecting or handling1014voter registration applications on behalf of the third-party1015voter registration organization.1016(f) An affirmation that each person collecting or handling1017voter registration applications on behalf of the third-party1018voter registration organization is a citizen of the United1019States of America. A third-party voter registration organization1020is liable for a fine in the amount of $50,000 for each such1021person who is not a citizen and is collecting or handling voter1022registration applications on behalf of the third-party voter1023registration organization.1024 (2)Beginning November 6, 2024, the registration of a1025third-party voter registration organization automatically1026expires at the conclusion of the specific general election cycle1027for which the third-party voter registration organization is1028registered.1029(3)The division or the supervisor of elections shall make 1030 voter registration forms available to third-party voter 1031 registration organizations. All such forms must contain 1032 information identifying the organization to which the forms are 1033 provided. The division shall maintain a database of all third 1034 party voter registration organizations and the voter 1035 registration forms assigned to the third-party voter 1036 registration organization. Each supervisor of elections shall 1037 provide to the division information on voter registration forms 1038 assigned to and received from third-party voter registration 1039 organizations. The information must be provided in a format and 1040 at times as required by the division by rule. The division shall 1041 update information on third-party voter registrations daily and 1042 make the information publicly available. 1043(4) A third-party voter registration organization that1044collects voter registration applications shall provide a receipt1045to an applicant upon accepting possession of his or her1046application. The division shall adopt by rule a uniform format1047for the receipt by October 1, 2023. The format must include, but1048need not be limited to, the name of the applicant, the date the1049application is received, the name of the third-party voter1050registration organization, the name of the registration agent,1051the applicant’s political party affiliation, and the county in1052which the applicant resides.1053 (3)(a)(5)(a)A third-party voter registration organization 1054 that collects voter registration applications serves as a 1055 fiduciary to the applicant and shall ensure that any voter 1056 registration application entrusted to the organization, 1057 irrespective of party affiliation, race, ethnicity, or gender, 1058 is promptly delivered to the division or the supervisor of 1059 electionsin the county in which the applicant resideswithin 14 106010days after the application is completed by the applicant, but 1061 not after registration closes for the next ensuing election. If 1062 a voter registration application collected by any third-party 1063 voter registration organization is not promptly delivered to the 1064 division or supervisor of electionsin the county in which the1065applicant resides, the third-party voter registration 1066 organization is liable for the following fines: 1067 1. A fine in the amount of $50per each day late, up to1068$2,500,for each application received by the division or the 1069 supervisor of elections in the county in which the applicant 1070 resides more than 10 days after the applicant delivered the 1071 completed voter registration application to the third-party 1072 voter registration organization or any person, entity, or agent 1073 acting on its behalf. A fine in the amount of $250$2,500for 1074 each application received if the third-party voter registration 1075 organization or person, entity, or agency acting on its behalf 1076 acted willfully. 1077 2. A fine in the amount of $100per each day late, up to1078$5,000,for each application collected by a third-party voter 1079 registration organization or any person, entity, or agent acting 1080 on its behalf, before book closing for any given election for 1081 federal or state office and received by the division or the 1082 supervisor of elections in the county in which the applicant 1083 resides after the book-closing deadline for such election. A 1084 fine in the amount of $500$5,000for each application received 1085 if the third-party voter registration organization or any 1086 person, entity, or agency acting on its behalf acted willfully. 1087 3. A fine in the amount of $500 for each application 1088 collected by a third-party voter registration organization or 1089 any person, entity, or agent acting on its behalf, which is not 1090 submitted to the division or supervisor of elections in the 1091 county in which the applicant resides. A fine in the amount of 1092 $1,000$5,000for any application not submitted if the third 1093 party voter registration organization or person, entity, or 1094 agency acting on its behalf acted willfully. 1095 1096 The aggregate fine which may be assessed pursuant to this 1097 paragraph against a third-party voter registration organization, 1098 including affiliate organizations, for violations committed in a 1099 calendar year is $1,000$250,000. 1100 (b) A showing by the third-party voter registration 1101 organization that the failure to deliver the voter registration 1102 application within the required timeframe is based upon force 1103 majeure or impossibility of performance shall be an affirmative 1104 defense to a violation of this subsection. The secretary may 1105 waive the fines described in this subsection upon a showing that 1106 the failure to deliver the voter registration application 1107 promptly is based upon force majeure or impossibility of 1108 performance. 1109(6) If a person collecting voter registration applications1110on behalf of a third-party voter registration organization1111alters the voter registration application of any other person,1112without the other person’s knowledge and consent, in violation1113of s. 104.012(4) and is subsequently convicted of such offense,1114the applicable third-party voter registration organization is1115liable for a fine in the amount of $5,000 for each application1116altered.1117(7)If a person collecting voter registration applications1118on behalf of a third-party voter registration organization1119copies a voter’s application or retains a voter’s personal1120information, such as the voter’s Florida driver license number,1121Florida identification card number, social security number, or1122signature, for any reason other than to provide such application1123or information to the third-party voter registration1124organization in compliance with this section, the person commits1125a felony of the third degree, punishable as provided in s.1126775.082, s. 775.083, or s. 775.084.1127 (4)(8)If the Secretary of State reasonably believes that a 1128 person has committed a violation of this section, the secretary 1129 may refer the matter to the Attorney General for enforcement. 1130 The Attorney General may institute a civil action for a 1131 violation of this section or to prevent a violation of this 1132 section. An action for relief may include a permanent or 1133 temporary injunction, a restraining order, or any other 1134 appropriate order. 1135(9) The division shall adopt by rule a form to elicit1136specific information concerning the facts and circumstances from1137a person who claims to have been registered to vote by a third1138party voter registration organization but who does not appear as1139an active voter on the voter registration rolls. The division1140shall also adopt rules to ensure the integrity of the1141registration process, including controls to ensure that all1142completed forms are promptly delivered to the division or a1143supervisor in the county in which the applicant resides.1144 (5)(10)The date on which an applicant signs a voter 1145 registration application is presumed to be the date on which the 1146 third-party voter registration organization received or 1147 collected the voter registration application. 1148(11) A third-party voter registration organization may not1149mail or otherwise provide a voter registration application upon1150which any information about an applicant has been filled in1151before it is provided to the applicant. A third-party voter1152registration organization that violates this section is liable1153for a fine in the amount of $50 for each such application.1154(12) The requirements of this section are retroactive for1155any third-party voter registration organization registered with1156the department as of July 1, 2023, and must be complied with1157within 90 days after the department provides notice to the1158third-party voter registration organization of the requirements1159contained in this section. Failure of the third-party voter1160registration organization to comply with the requirements within116190 days after receipt of the notice shall automatically result1162in the cancellation of the third-party voter registration1163organization’s registration.1164 Section 9. Part III of chapter 97, Florida Statutes, 1165 consisting of 97.21-97.28, Florida Statutes, is created and 1166 entitled “Florida Voting Rights Act.” 1167 Section 10. Section 97.21, Florida Statutes, is created to 1168 read: 1169 97.21 Prohibitions on voter suppression and vote dilution.— 1170 (1) A local government, state agency, or state official may 1171 not implement or enforce any regulation, standard, practice, 1172 procedure, policy, or law regarding the administration of 1173 elections, or take any other action or fail to take any action, 1174 which results in, will result in, or is intended to result in 1175 any of the following: 1176 (a) A disparity in voter participation, access to voting 1177 opportunities, or the opportunity or ability to participate in 1178 the political process between members of a protected class and 1179 other members of the electorate. 1180 (b) Based on the totality of the circumstances, an 1181 impairment of the opportunity or ability of protected class 1182 members to participate in the political process and elect 1183 candidates of their choice or otherwise influence the outcome of 1184 elections. 1185 (2) There is a rebuttable presumption that a violation 1186 exists under paragraph (1)(b) in circumstances that include, but 1187 are not limited to, any of the following: 1188 (a) A local government closes, moves, consolidates, or 1189 fails to provide polling places, early voting sites, or secure 1190 ballot intake stations; reassigns voters to precincts or polling 1191 places; or reassigns precincts to polling places, in a manner 1192 that results in a disparity in geographic access between members 1193 of a protected class and other members of the electorate. 1194 (b) A local government selects or changes the dates or 1195 hours of an election or for early voting in a manner that 1196 impairs the right to vote of members of a protected class, 1197 including, but not limited to, making the change without proper 1198 notice as required by law. 1199 (c) A local government fails to provide voting or election 1200 materials in languages other than English as required by federal 1201 law or state law. 1202 (d) A local government conducts general or primary 1203 elections on dates that do not align with the date of federal or 1204 state general or primary elections, resulting in a disparity in 1205 levels of participation between protected class voters and other 1206 voters that exceeds any disparity in federal or state general or 1207 primary elections. 1208 (e) A special election to fill a vacancy is called on a 1209 date that would reasonably result in a disparity in levels of 1210 participation between protected class voters and other voters, 1211 and there exists an alternate date in a reasonable timeframe in 1212 which the disparity would be materially less significant. 1213 (f) A special election to fill a vacancy is not scheduled 1214 in a reasonable timeframe for an office in which protected class 1215 voters would be able to elect candidates of their choice or 1216 otherwise influence the outcome of elections, thus denying 1217 representation to protected class voters. 1218 (3)(a) A local government may not employ any method of 1219 election for any office which has the effect, or is motivated in 1220 part by the intent, of impairing the opportunity or ability of 1221 protected class members to participate in the political process 1222 and elect candidates of their choice or otherwise influence the 1223 outcome of elections as a result of diluting the vote of such 1224 protected class members. 1225 (b) A violation of this subsection is deemed to have 1226 occurred if: 1227 1.a. For a local government employing at-large elections, 1228 elections in the local government exhibit racially polarized 1229 voting that impairs the equal opportunity or ability of 1230 protected class members to nominate or elect candidates of their 1231 choice; or, based on the totality of the circumstances, the 1232 equal opportunity or ability of members of a protected class to 1233 nominate or elect candidates of their choice is impaired; and 1234 b. One or more new methods of election or modifications to 1235 the existing method of election exist which would cure or 1236 mitigate the impairment described in sub-subparagraph a. 1237 2.a. For a local government employing a district-based or 1238 alternative method of election, elections in the local 1239 government exhibit racially polarized voting that impairs the 1240 equal opportunity or ability of protected class members to 1241 nominate or elect candidates of their choice; or, based on the 1242 totality of the circumstances, the equal opportunity or ability 1243 of members of a protected class to nominate or elect candidates 1244 of their choice is impaired; and 1245 b. One or more new methods of election or modifications to 1246 the existing method of election exist which would cure or 1247 mitigate the impairment described in sub-subparagraph a. 1248 3. A local government adopts or implements a governmental 1249 reorganization, including, but not limited to, an annexation, an 1250 incorporation, a dissolution, a consolidation, or a division of 1251 government in which, based on the totality of the circumstances, 1252 the opportunity of protected class members to nominate or elect 1253 candidates of the protected class members’ choice or otherwise 1254 influence the outcome of elections is impaired. 1255 (4) To the extent that the new method of election or 1256 modification to the existing method of election identified under 1257 subparagraph (3)(b)1. or subparagraph (3)(b)2. is a proposed 1258 district-based plan that provides members of a protected class 1259 with one or more reasonably configured districts in which they 1260 would have an equal opportunity or ability to nominate or elect 1261 candidates of their choice, it is not necessary to show in any 1262 action seeking enforcement of this part that members of a 1263 protected class comprise a majority in any such district or 1264 districts. 1265 (5) For purposes of determining whether racially polarized 1266 voting by protected class members has occurred or is occurring 1267 for purposes of enforcing this section, a court with 1268 jurisdiction over the matter must adhere to all of the following 1269 guidelines: 1270 (a) Elections conducted before the filing of a cause of 1271 action are more probative than elections conducted after the 1272 filing of a cause of action. 1273 (b) Evidence concerning elections for any office in a local 1274 government, including executive, legislative, judicial, and 1275 other offices, is more probative than evidence concerning 1276 election for other offices, but evidence concerning elections 1277 for other offices may still be afforded probative value. 1278 (c) Statistical evidence is more probative than non 1279 statistical evidence. 1280 (d) In the case of claims brought on behalf of two or more 1281 protected classes that are politically cohesive in a local 1282 government, members of those protected classes must be combined 1283 to determine whether voting by combined protected class members 1284 is polarized from other electors. It is not necessary to 1285 demonstrate that voting members of each protected class are 1286 separately polarized from other electors. 1287 (e) Evidence concerning the causes of, or the reasons for, 1288 the occurrence of racially polarized voting is not relevant to 1289 the determination of whether racially polarized voting by 1290 protected class members occurs, or whether candidates or 1291 electoral choices preferred by protected class members would 1292 usually be defeated. In particular, evidence concerning 1293 alternate explanations for racially polarized voting patterns or 1294 election outcomes, including, but not limited to, partisan 1295 explanations, may not be considered. 1296 (f) Evidence concerning whether subgroups of protected 1297 class members have different voting patterns may not be 1298 considered. 1299 (g) Evidence concerning whether protected class electors 1300 are geographically compact or concentrated may not be considered 1301 unless the consideration of such evidence is for the purpose of 1302 determining a remedy for a violation of this section. 1303 (6) For the purpose of determining whether, based on the 1304 totality of the circumstances, an impairment of the right to 1305 vote for any protected class members, or of the opportunity or 1306 ability of protected class members to participate in the 1307 political process and elect candidates of their choosing or 1308 otherwise influence the outcomes of elections, has occurred, 1309 courts may consider factors including, but not limited to, those 1310 designated in this subsection. A particular combination or 1311 number of these factors is not required for a court to determine 1312 that an impairment occurred. The court shall consider a 1313 particular factor only if, and to the extent evidence pertaining 1314 to, that factor is introduced by a party to the action. Evidence 1315 of these factors is most probative if the evidence relates to 1316 the local government in which the alleged violation occurred, 1317 but still holds probative value if the evidence relates to the 1318 geographic region in which that local government is located or 1319 to this state. The factors that a court may consider include, 1320 but are not limited to, the following: 1321 (a) The history of discrimination. 1322 (b) The extent to which the protected class members have 1323 been elected to office. 1324 (c) The use of any qualification for voter eligibility or 1325 other prerequisite to voting, any statute, ordinance, 1326 regulation, or other law regarding the administration of 1327 elections, or any standard, practice, procedure, or policy of 1328 the local government that may enhance the dilutive effects of a 1329 method of election in the local government. 1330 (d) The extent to which protected class members or 1331 candidates experienced any history of unequal access to election 1332 administration or campaign finance processes that determine 1333 which candidates will receive access to the ballot or receive 1334 financial or other support in a given election for an office of 1335 the local government. 1336 (e) The extent to which protected class members have 1337 historically made expenditures, as defined in s. 106.011, at 1338 lower rates than other individuals. 1339 (f) The extent to which protected class members vote at 1340 lower rates than other voters. 1341 (g) The extent to which protected class members are 1342 disadvantaged or otherwise bear the effects of public or private 1343 discrimination in areas that may hinder their ability to 1344 participate effectively in the political process, such as 1345 education, employment, health, criminal justice, housing, 1346 transportation, land use, or environmental protection. 1347 (h) The use of overt or subtle racial appeals in political 1348 campaigns, by government officials, or in connection with the 1349 adoption or maintenance of a challenged practice. 1350 (i) The extent to which candidates face hostility or 1351 barriers while campaigning due to their membership in a 1352 protected class. 1353 (j) The lack of responsiveness by elected officials to the 1354 particular needs of protected class members or a community of 1355 protected class members. 1356 (k) Whether the particular method of election or an 1357 ordinance, a regulation, standard, practice, procedure, policy 1358 or other law regarding the administration of elections was 1359 designed to advance and does materially advance, a valid and 1360 substantial state interest. 1361 (7) In determining whether a violation of this section has 1362 occurred, a court may not consider any of the following factors: 1363 (a) The total number or share of members of a protected 1364 class on whom a challenged method of election, ordinance, 1365 resolution, rule, policy, standard, regulation, procedure, or 1366 law does not impose a material burden. 1367 (b) The degree to which the challenged method of election, 1368 ordinance, resolution, rule, policy, standard, regulation, 1369 procedure, or law has a long pedigree or was in widespread use 1370 at some earlier date. 1371 (c) The use of an identical or similar challenged method of 1372 election, ordinance, resolution, rule, policy, standard, 1373 regulation, procedure, or law in another local government. 1374 (d) The availability of other forms of voting not impacted 1375 by the challenged method of election, ordinance, resolution, 1376 rule, policy, standard, regulation, procedure, or law to all 1377 members of the electorate, including members of the protected 1378 class. 1379 (e) A prophylactic impact in potential criminal activity by 1380 individual electors, if those crimes have not occurred in the 1381 local government in substantial numbers, or if the connection 1382 between the challenged policy and any claimed prophylactic 1383 effect is not supported by substantial evidence. 1384 (f) Mere invocation of interests in voter confidence or 1385 prevention of fraud. 1386 (g) A lack of evidence concerning the intent of electors, 1387 elected officials, or public officials to discriminate against 1388 the protected class members. 1389 (h) The fact that the challenged method of election, 1390 ordinance, resolution, rule, policy, standard, regulation, 1391 procedure, or law is authorized or mandated by any statute or 1392 any special act, charter or home rule ordinance, or other 1393 enactment of the state or any local government. 1394 (8) Before filing an action against a local government 1395 pursuant to this section, a prospective plaintiff must send, by 1396 certified mail, return receipt requested, a notification letter 1397 to the local government asserting that the local government may 1398 be in violation of the provisions of this act. Such letter must 1399 be referred to as an “FLVRA notification letter.” 1400 (a) Except as noted in paragraph (e), a party may not file 1401 an action against a local government pursuant to this section 1402 earlier than 50 days after sending a FLVRA notification letter 1403 to the local government. 1404 (b) Before receiving a FLVRA notification letter, or not 1405 later than 50 days after any FLVRA notification letter is sent 1406 to a local government, a local government may adopt a resolution 1407 that must be referred to as the “FLVRA Resolution” which does 1408 all of the following: 1409 1. Identifies a potential violation of this section by the 1410 local government. 1411 2. Identifies a specific remedy to the potential violation. 1412 3. Affirms the local government’s intention to enact and 1413 implement a remedy for a potential violation. 1414 4. Sets forth specific measures the local government will 1415 take to facilitate enactment and implementation of the remedy. 1416 5. Provides a schedule for the enactment and implementation 1417 of the remedy. 1418 (c) Except as noted in paragraph (e), a party that has sent 1419 a FLVRA notification letter may not file an action pursuant to 1420 this section earlier than 90 days after the adoption of a FLVRA 1421 Resolution. 1422 (d) If the remedy identified in a FLVRA Resolution is 1423 barred by state or local law, or a legislative body of a local 1424 government lacks authority under state or local law to enact or 1425 implement a remedy identified in a FLVRA Resolution within 90 1426 days after the adoption of such resolution, or if the local 1427 government is a covered jurisdiction under s. 97.26, the local 1428 government may nonetheless enact and implement the remedy 1429 identified in such resolution upon approval of the FLVRA 1430 Commission, which may provide approval only if it finds that the 1431 local government may be in violation of this act, the proposed 1432 remedy would address a potential violation, and implementation 1433 of the proposed remedy is feasible. The approval of a remedy by 1434 the FLVRA Commission does not bar an action to challenge the 1435 remedy. 1436 (e) If pursuant to this subsection, a local government 1437 enacts or implements a remedy or the FLVRA Commission approves a 1438 proposed remedy, a party who sent a FLVRA notification letter 1439 may submit a claim for reimbursement from the local government 1440 for the costs associated with producing and sending such 1441 notification letter. The party shall submit the claim in writing 1442 and substantiate the claim with financial documentation, 1443 including a detailed invoice for any demography services or 1444 analysis of voting patterns in the local government. If a party 1445 and local government fail to agree to a reimbursement amount, 1446 either the party or local government may file an action for a 1447 declaratory judgment for a clarification of rights. 1448 (f) Notwithstanding this subsection, a party may bring a 1449 cause of action for a violation of this section under any of the 1450 following circumstances: 1451 1. The action is commenced within 1 year after the adoption 1452 of a challenged method of election, ordinance, resolution, rule, 1453 policy, standard, regulation, procedure, or law. 1454 2. The prospect of obtaining relief under this section 1455 would be futile. 1456 3. Another party has already submitted a notification 1457 letter under this subsection alleging a substantially similar 1458 violation and that party is eligible to bring a cause of action 1459 under this subsection. 1460 4. Following the party’s submission of a FLVRA notification 1461 letter, the local government has adopted a FLVRA Resolution that 1462 identifies a remedy that would not remedy the violation 1463 identified in the notification letter. 1464 5. The party is seeking preliminary relief with respect to 1465 an upcoming election in accordance with s. 97.28. 1466 (g) Any local government that receives a FLVRA notification 1467 letter or adopts a FLVRA Resolution must provide a copy to the 1468 FLVRA Commission within one day of receipt or adoption. The 1469 FLVRA Commission shall promptly post all FLVRA notification 1470 letters and FLVRA Resolutions on its website. The FLVRA 1471 Commission may adopt rules identifying other materials and 1472 information that must be provided to the FLVRA Commission by 1473 local governments, as well as procedures for transmittal of 1474 materials and information from local governments to the FLVRA 1475 Commission. 1476 (9) Local governments may not assert the doctrine of laches 1477 as a defense to claims brought under this section. Local 1478 governments may not assert that plaintiffs have failed to comply 1479 with any notice, exhaustion, or other procedural requirements 1480 under state law, other than the requirements in this section, as 1481 a defense to claims brought under this section. 1482 (10) Any individual aggrieved by a violation of this 1483 section, any entity whose membership includes individuals 1484 aggrieved by a violation of this section, any entity whose 1485 mission would be frustrated by a violation of this section, or 1486 any entity that would expend resources in order to fulfill its 1487 mission as a result of a violation of this section, the Attorney 1488 General, or the FLVRA Commission may file an action alleging a 1489 violation of this section to enforce compliance with this 1490 section. Such a claim may be filed pursuant to the Florida Rules 1491 of Civil Procedure or in the Second Judicial Circuit of Florida. 1492 Members of two or more protected classes that are politically 1493 cohesive in a local government may jointly file an action. 1494 Section 11. Section 97.22, Florida Statutes, is created to 1495 read: 1496 97.22 Florida Voting Rights Act Commission.— 1497 (1) There is created the Florida Voting Rights Act (FLVRA) 1498 Commission within the Department of State. The FLVRA Commission 1499 is a separate budget entity, as provided in the General 1500 Appropriations Act, and shall prepare and submit a budget 1501 request in accordance with chapter 216. The FLVRA Commission is 1502 responsible for administering the Florida Voting Rights Act. The 1503 FLVRA Commission must have its own staff, which includes 1504 management, research, and enforcement personnel, and is not 1505 subject to control, supervision, or direction by the Department 1506 of State. 1507 (2)(a) The FLVRA Commission must be composed of five 1508 commissioners, each of whom shall serve a staggered 5-year term. 1509 Commissioners must be compensated for their actual time spent on 1510 the FLVRA Commission’s business at an hourly rate based on the 1511 rate equivalent to an assistant attorney general. 1512 1. A nominating committee shall identify qualified 1513 candidates to serve as commissioners. The nominating committee 1514 shall be composed of nominating organizations that are selected 1515 as follows: 1516 a. Organizations may apply to the Secretary of State to be 1517 certified as organizational nominators for 5-year terms, at 1518 which point the organizations may be recertified. The Secretary 1519 of State must certify any organization that applies to be an 1520 organizational nominator if it meets the following 1521 qualifications: 1522 (I) Demonstrated commitment to the purposes of this act and 1523 securing the voting rights of protected class members, such as 1524 referencing such class members in the organization’s mission 1525 statement, involvement in numerous voting rights cases brought 1526 in Florida on behalf of members of protected classes, or 1527 advocacy in support of this act. 1528 (II) Registered as a nonprofit corporation with the 1529 Secretary of State. 1530 (III) In continuous operation as a nonprofit organization 1531 under s. 501(c)(3) of the Internal Revenue Code or as a 1532 nonprofit corporation registered with the Secretary of State for 1533 at least 20 years. 1534 b. If the Secretary of State fails to timely certify an 1535 organization that satisfies these qualifications following the 1536 organization’s application as an organizational nominator, the 1537 organization may file an action against the Secretary of State 1538 for a declaratory judgment certifying the organization as an 1539 organizational nominator. 1540 2. An organizational nominator may be removed for cause by 1541 a majority vote of all fellow nominators. 1542 3. If there are fewer than 16 organizational nominators 1543 certified by the Secretary of State, the nominating committee 1544 must be composed of all organizational nominators. If there are 1545 16 or more organizational nominators certified by the Secretary 1546 of State, the nominating committee must be composed of 15 1547 organizational nominators randomly selected from all the 1548 nominators by lot on an annual basis. 1549 4. The nominating committee shall select its own chair to 1550 preside over meetings and votes. 1551 (b) Commissioners must be selected as follows: 1552 1. The nominating committee shall solicit applications to 1553 serve on the FLVRA Commission from across this state. A 1554 commissioner must satisfy at least all of the following 1555 criteria: 1556 a. Be a resident of this state. 1557 b. Be a member in good standing of The Florida Bar with at 1558 least 5 years of legal experience. 1559 c. Have experience representing or advocating on behalf of 1560 members of protected classes. 1561 d. Have not served in elected office within the preceding 5 1562 years. 1563 e. Not be currently serving in any governmental office or 1564 holding any political party office. 1565 2. The nominating committee shall maintain a qualified 1566 candidate pool consisting of 30 candidates to serve on the FLVRA 1567 Commission. Individuals may be added to the qualified applicant 1568 pool only upon a vote of three-fifths of the nominating 1569 committee. 1570 3. All members of the FLVRA Commission must be randomly 1571 selected from the qualified candidate pool. Upon the initial 1572 formation of the FLVRA Commission, five commissioners must be 1573 selected by lot from the qualified candidate pool and randomly 1574 assigned to term lengths of 5 years, 4 years, 3 years, 2 years, 1575 and 1 year. At least 60 days in advance of the conclusion of 1576 each commissioner’s term, a new commissioner must be randomly 1577 selected by lot from the qualified candidate pool to serve a 5 1578 year term upon the conclusion of the commissioner’s term. If a 1579 vacancy occurs, a new commissioner must be randomly selected by 1580 lot within 30 days of the vacancy occurring from the qualified 1581 candidate pool to complete the vacated term. 1582 (3) In any action or investigation to enforce this section, 1583 the FLVRA Commission may subpoena witnesses; administer oaths; 1584 examine individuals under oath; determine material facts; and 1585 compel the production of records, books, papers, contracts, and 1586 other documents in accordance with the Florida Rules of Civil 1587 Procedure. 1588 (4) The FLVRA Commission may hire any staff and make any 1589 expenditure necessary to fulfill its responsibilities. 1590 (5) The FLVRA Commission may adopt rules to administer and 1591 enforce this part. 1592 Section 12. Section 97.23, Florida Statutes, is created to 1593 read: 1594 97.23 Statewide database and institute.— 1595 (1) The FLVRA Commission shall enter into an agreement with 1596 one or more postsecondary educational institutions in this state 1597 to create the Florida Voting and Elections Database and 1598 Institute, to maintain and administer a central repository of 1599 elections and voting data available to the public from all local 1600 governments in this state, and to foster, pursue, and sponsor 1601 research on existing laws and best practices in voting and 1602 elections. The parties to that agreement shall enter into a 1603 memorandum of understanding that includes the process for 1604 selecting the director of the database and institute. 1605 (2) The database and institute shall provide a center for 1606 research, training, and information on voting systems and 1607 election administration. The database and institute may do any 1608 of the following: 1609 (a) Conduct classes both for credit and noncredit. 1610 (b) Organize interdisciplinary groups of scholars to 1611 research voting and elections in this state. 1612 (c) Conduct seminars involving voting and elections. 1613 (d) Establish a nonpartisan centralized database in order 1614 to collect, archive, and make publicly available, at no cost, an 1615 accessible database pertaining to elections, voter registration, 1616 and ballot access in this state. 1617 (e) Assist in the dissemination of election data to the 1618 public. 1619 (f) Publish books and periodicals as the database and 1620 institute considers appropriate on voting and elections in this 1621 state. 1622 (g) Provide nonpartisan technical assistance to local 1623 governments, scholars, and the general public seeking to use the 1624 resources of the database and the institute. 1625 (3) The database and institute shall make available, and 1626 maintain in an electronic format, all relevant election and 1627 voting data and records for at least the previous 12-year 1628 period. The data, information, and estimates maintained by the 1629 database and institute must be posted online and made available 1630 to the public at no cost. Maps, election day polling places, and 1631 vote-by-mail ballot secure intake stations must be made 1632 available in a geospatial file format. The database and 1633 institute shall prepare any estimates made under this section by 1634 applying the most advanced, peer-reviewed, and validated 1635 methodologies available. Data and records that must be 1636 maintained include, but are not limited to, all of the 1637 following: 1638 (a) Estimates of the total population, voting age 1639 population, and citizen voting age population by racial, color, 1640 or language minority group and disability status, broken down by 1641 precinct level on a year-by-year basis, for every local 1642 government in this state, based on data from the United States 1643 Census Bureau, American Community Survey, or data of comparable 1644 quality collected by a public office. 1645 (b) Election results at the precinct level for every 1646 federal, state, and local election held in every local 1647 government of this state. 1648 (c) Contemporaneous voter registration lists, voter history 1649 files, election polling places, and vote-by-mail secure ballot 1650 intake stations for every election in every local government in 1651 this state. 1652 (d) Contemporaneous maps or other documentation of the 1653 configuration of precincts. 1654 (e) Election day polling places, including, but not limited 1655 to, lists of precincts assigned to each polling place, if 1656 applicable. 1657 (f) Adopted district or redistricting plans for every 1658 election in every local government in this state. 1659 (g) A current record, updated monthly, of persons eligible 1660 to register to vote who have a prior criminal conviction and 1661 whose eligibility has been restored in compliance with s. 1662 98.0751. 1663 (h) Any other data that the director of the database and 1664 institute considers necessary to maintain in furtherance of the 1665 purposes of the database and institute. 1666 (4) All state agencies and local governments shall timely 1667 provide the director of the database and institute with any 1668 information requested by the director. No later than 90 days 1669 after an election, each local government shall transmit to the 1670 database and institute copies of all of the following: 1671 (a) Election results at the precinct level. 1672 (b) Contemporaneous voter registration lists. 1673 (c) Voter history files. 1674 (d) Maps, descriptions, and shapefiles for election 1675 districts. 1676 (e) Lists of election day polling places, shapefiles, or 1677 descriptions of the precincts assigned to each election day 1678 polling place. 1679 (f) Any other data as requested by the database and 1680 institute. 1681 (5) Any state entity identified by the director of the 1682 database and institute as possessing data, statistics, or other 1683 information required by the database and institute to carry out 1684 its duties and responsibilities shall provide such data, 1685 statistics, or information annually to the database or institute 1686 at the request of the director. 1687 (6) If a state agency or local government fails to provide 1688 any information to the database and institute as required by 1689 this section, any individual aggrieved by such a violation, any 1690 entity whose membership includes individuals aggrieved by such a 1691 violation, any entity whose mission would be frustrated by such 1692 a violation, or any entity that would expend resources in order 1693 to fulfill its mission as a result of such a violation, the 1694 director of the database and institute, the Attorney General, or 1695 the FLVRA Commission may file an action to enforce compliance 1696 with this section. Such claim may be filed pursuant to the 1697 Florida Rules of Civil Procedure or in the Second Judicial 1698 Circuit. 1699 (7) No later than 90 days following the end of each state 1700 fiscal year, the database and institute shall publish a report 1701 on the priorities and finances of the database and institute. 1702 (8) The database and institute shall provide nonpartisan 1703 technical assistance to local governments, researchers, and 1704 members of the public seeking to use the resources of the 1705 statewide database. 1706 (9) There is a rebuttable presumption that the data, 1707 estimates, or other information maintained by the database and 1708 institute is valid. 1709 Section 13. Section 97.24, Florida Statutes, is created to 1710 read: 1711 97.24 Language access.— 1712 (1) As used in this section, the term: 1713 (a) “Limited English proficient individual” means an 1714 individual who does not speak English as his or her primary 1715 language and who speaks, reads, or understands the English 1716 language other than “very well” in accordance with United States 1717 Census Bureau data or data of comparable quality collected by a 1718 governmental entity. 1719 (b) “Native American” includes any person recognized by the 1720 United States Census Bureau or the state of Florida as “American 1721 Indian.” 1722 (2) The FLVRA Commission must designate one or more 1723 languages, other than English, for which assistance in voting 1724 and elections must be provided in a local government if the 1725 FLVRA Commission finds that a significant and substantial need 1726 exists for assistance. 1727 (3) Based on the best available data, which may include 1728 information from the United States Census Bureau’s American 1729 Community Survey or data of comparable quality collected by a 1730 governmental entity, the FLVRA Commission must find that a 1731 significant and substantial need exists if: 1732 (a) More than 2 percent, but no fewer than 200 citizens of 1733 voting age of a local government speak a language other than 1734 English and are limited English proficient individuals. 1735 (b) More than 4,000 citizens of voting age of a local 1736 government speak a language other than English and are limited 1737 English proficient individuals. 1738 (4) In the case of a local government that contains any 1739 part of a Native American reservation, if more than 2 percent of 1740 the Native American citizens of voting age within the Native 1741 American reservation are proficient in a language other than 1742 English and are limited English proficient individuals, the 1743 local government must provide materials in such language. 1744 (5)(a) On an annual basis, the FLVRA Commission must 1745 publish on its website a list of all of the following: 1746 1. Each local government in which assistance in voting and 1747 elections in a language other than English must be provided. 1748 2. Each language in which such assistance must be provided 1749 in each local government. 1750 (b) The FLVRA Commission’s determinations under this 1751 section are effective upon publication and the FLVRA Commission 1752 must distribute this information to each affected local 1753 government. 1754 (6) Each local government described in subsection (5) must 1755 provide assistance in voting and elections, including related 1756 materials, in any language designated by the FLVRA Commission 1757 under paragraph (5)(a) to voters in a local government who are 1758 limited English proficient individuals. 1759 (7) Whenever the FLVRA Commission determines, pursuant to 1760 this section, that language assistance must be provided by a 1761 local government, the local government must provide competent 1762 assistance in each designated language and provide related 1763 materials in English and in each designated language, including 1764 voter registration or voting notices, forms, instructions, 1765 assistance, ballots, or other materials or information relating 1766 to the electoral process. However, in the case of a language 1767 that is oral or unwritten, including historically unwritten 1768 languages, as may be the case for some Native Americans, a local 1769 government may provide only oral instructions, assistance, or 1770 other information on the electoral process in such language. All 1771 materials provided in a designated language must be of an equal 1772 quality to the corresponding English materials. All provided 1773 translations must convey the intent and essential meaning of the 1774 original text or communication and may not rely solely on 1775 automatic translation service. If available, language assistance 1776 must include live translation. 1777 (8) The FLVRA Commission must adopt rules to establish a 1778 review process under which the FLVRA Commission must determine 1779 whether a significant and substantial need exists in a local 1780 government for a language to be designated for the provision of 1781 assistance in voting and elections. This process must, at a 1782 minimum, include an opportunity for any voter, organization 1783 whose membership includes or is likely to include voters, 1784 organization whose mission would be frustrated by a local 1785 government’s failure to provide language assistance, or 1786 organization that would expend resources in order to fulfill the 1787 organization’s mission as a result of such failure to request 1788 that the FLVRA Commission consider designating a language in a 1789 local government, an opportunity for public comment, and that 1790 upon receipt of any such request and consideration of any public 1791 comment, the FLVRA Commission may, in accordance with the 1792 process for making this determination, designate any language in 1793 a local government. 1794 (9) Any individual aggrieved by a violation of this 1795 section, any entity whose membership includes individuals 1796 aggrieved by a violation of this section, any entity whose 1797 mission would be frustrated by a violation of this section, or 1798 any entity that would expend resources in order to fulfill its 1799 mission as a result of a violation of this section, the Attorney 1800 General, or the FLVRA Commission may file an action alleging a 1801 violation of this section. Such a claim may be filed pursuant to 1802 the Florida Rules of Civil Procedure or in the Second Judicial 1803 Circuit. 1804 Section 14. Section 97.25, Florida Statutes, is created to 1805 read: 1806 97.25 Preclearance.— 1807 (1) The enactment or implementation of a covered policy by 1808 a covered jurisdiction is subject to preclearance by the FLVRA 1809 Commission. 1810 (2) For purposes of this section, a covered policy includes 1811 any new or modified qualification for voter registration, 1812 prerequisite to voting, or ordinance, regulation, standard, 1813 practice, procedure, or policy concerning any of the following: 1814 (a) Districting or redistricting. 1815 (b) Method of election. 1816 (c) Form of government. 1817 (d) Annexation, incorporation, dissolution, consolidation, 1818 or division of a local government. 1819 (e) Removal of individuals from registry lists or 1820 enrollment lists and other activities concerning any such list. 1821 (f) Hours of any early voting site, or location or number 1822 of early voting sites, polling places, or secure ballot intake 1823 stations. 1824 (g) Assignment of voting precincts to polling places or 1825 secure ballot intake station locations. 1826 (h) Assistance offered to protected class members. 1827 (i) Any additional subject matter the FLVRA Commission may 1828 identify for inclusion in this subsection, pursuant to FLVRA 1829 Commission rule, if the FLVRA Commission determines that any 1830 qualification for voter registration, prerequisite to voting, or 1831 ordinance, regulation, standard, practice, procedure, or policy 1832 concerning such subject matter may have the effect of 1833 diminishing the right to vote of any protected class member or 1834 have the effect of violating this act. 1835 (3) A covered jurisdiction includes any of the following: 1836 (a) Any local government that, within the preceding 25 1837 years, has been subject to any court order, government 1838 enforcement action, court-approved consent decree, or any other 1839 settlement in which the local government conceded liability, 1840 based upon a violation of this act, the federal Voting Rights 1841 Act, the 15th Amendment to the United States Constitution, a 1842 voting-relating violation of the 14th Amendment to the United 1843 States Constitution, or any violation of any other state or 1844 federal election law, based upon discrimination against members 1845 of a protected class. 1846 (b) Any local government that, within the preceding 25 1847 years, has been subject to any court order, government 1848 enforcement action, court-approved consent decree, or any other 1849 settlement in which the local government conceded liability, 1850 based upon a violation of any state or federal civil rights law 1851 or the 14th Amendment to the United States Constitution 1852 concerning discrimination against members of a protected class. 1853 (c) Any local government that, during the preceding 3 1854 years, has failed to comply with its obligation to provide data 1855 or information to the statewide database pursuant to s. 97.23. 1856 (d) Any local government that, during the preceding 25 1857 years, was found to have enacted or implemented a covered policy 1858 without obtaining preclearance for that policy pursuant to this 1859 section. 1860 (e) Any local government that contains at least 1,000 1861 eligible voters of any protected class, or in which members of 1862 any protected class constitute at least 10 percent of the 1863 eligible voter population of the local government, and in which, 1864 in any year in the preceding 10 years, the percentage of voters 1865 of any protected class in a local government which participated 1866 in any general election for any local government office was at 1867 least 10 percentage points lower than the percentage of all 1868 voters in the local government who participated in such 1869 election. 1870 (f) Any local government that contains at least 1,000 1871 eligible voters of any protected class, or in which members of 1872 any protected class constitute at least 10 percent of the 1873 eligible voter population of the local government, and in which, 1874 in any year in the preceding 10 years, the percentage of 1875 eligible voters of that protected class who were registered to 1876 vote was at least 10 percentage points lower than the percentage 1877 of all eligible voters in the local government who registered to 1878 vote. 1879 (g) Any local government that contains at least 1,000 1880 eligible voters of any protected class, or in which members of 1881 any protected class constitute at least 10 percent of the 1882 eligible voter population of the local government, and in which, 1883 in any year in the preceding 10 years, the percentage of 1884 eligible voters of that protected class who were registered to 1885 vote was at least 10 percentage points lower than the percentage 1886 of all eligible voters in the local government who registered to 1887 vote. 1888 (h) Any local government that contains at least 1,000 1889 eligible voters of any protected class, or in which members of 1890 any protected class constitute at least 10 percent of the 1891 eligible voter population of the local government, and in which, 1892 in any year in the preceding 10 years, based on data made 1893 available by the United States Census, the dissimilarity index 1894 of such protected class, calculated using census tracts, is in 1895 excess of 50 percent with respect to the race, color, or 1896 language minority group that comprises a plurality within the 1897 local government. 1898 (i) Any local government that contains at least 1,000 1899 eligible voters of any protected class, or in which members of 1900 any protected class constitute at least 10 percent of the 1901 eligible voter population of the local government, and in which, 1902 in any year in the preceding 10 years, the poverty rate among 1903 the population of a protected class exceeds the poverty rate 1904 among the population of the local government as a whole by at 1905 least 10 percentage points. 1906 (j) Any county that contains at least 1,000 eligible voters 1907 of any protected class, or in which members of any protected 1908 class constitute at least 10 percent of the eligible voter 1909 population of the county, and in which, in any year in the 1910 preceding 10 years, the arrest rate among members of such 1911 protected class exceeds the arrest rate among the population of 1912 the county as a whole by at least 10 percentage points. 1913 (k) Any school district that contains at least 1,000 1914 eligible voters of any protected class, or in which members of 1915 any protected class constitute at least 10 percent of the 1916 eligible voter population of the school district, and in which, 1917 in any year in the preceding 10 years, the graduation rate of 1918 such protected class is lower than the graduation rate of the 1919 entire district student population by at least 10 percentage 1920 points. 1921 (4) The FLVRA Commission shall determine on an annual basis 1922 which local governments are covered jurisdictions and publish a 1923 list of such jurisdictions on its website. 1924 (5) If a covered jurisdiction seeks preclearance from the 1925 FLVRA Commission for the adoption or implementation of any 1926 covered policy, the covered jurisdiction must submit the covered 1927 policy to the FLVRA Commission in writing and may obtain 1928 preclearance in accordance with this section. 1929 (a) The FLVRA Commission shall review the covered policy 1930 submitted for preclearance, including any comments submitted by 1931 members of the public, and make a determination to grant or deny 1932 preclearance. The covered jurisdiction bears the burden of proof 1933 in any preclearance determinations. 1934 (b)1. The FLVRA Commission may deny preclearance to a 1935 submitted covered policy only if it determines that: 1936 a. The covered policy is more likely than not to diminish 1937 the opportunity or ability of protected class members to 1938 participate in the political process and elect candidates of 1939 their choice or otherwise influence the outcome of elections; or 1940 b. The covered policy is more likely than not to violate 1941 this act. 1942 2. If the FLVRA Commission denies preclearance, the 1943 applicable covered jurisdiction may not enact or implement the 1944 covered policy. The FLVRA Commission shall provide a written 1945 explanation for a denial. 1946 (c) If the FLVRA Commission grants preclearance to a 1947 covered policy, the covered jurisdiction may immediately enact 1948 or implement the covered policy. A determination by the FLVRA 1949 Commission to grant preclearance is not admissible in, and may 1950 not be considered by, a court in any subsequent action 1951 challenging the covered policy. If the FLVRA Commission fails to 1952 deny or grant preclearance to a submitted covered policy within 1953 the time periods set forth in paragraph (d), the covered policy 1954 is deemed to be precleared, and the covered jurisdiction may 1955 enact or implement the covered policy. 1956 (d) If a covered policy concerns the method of election for 1957 a legislative body, districting or redistricting, the number of 1958 seats on the legislative body, or annexation, incorporation, 1959 dissolution, consolidation, or division of a local government, 1960 the FLVRA Commission shall review the covered policy, including 1961 any comments submitted by members of the public, and make a 1962 determination to deny or grant preclearance within 60 days after 1963 the submission of the covered policy. The FLVRA Commission may 1964 invoke up to two extensions of 90 days each to make such a 1965 determination. For all other covered policies, the FLVRA 1966 Commission shall review the covered policy, including any public 1967 comment, and make determination to deny or grant preclearance 1968 within 30 days after the submission of the covered policy. The 1969 FLVRA Commission may invoke an extension of 60 days to make such 1970 a determination. 1971 (e) Any denial of preclearance under this section may be 1972 appealed only by the covered jurisdiction, and must be filed in 1973 the Second Judicial Circuit. No other parties may file an action 1974 to appeal a denial of preclearance or intervene in any such 1975 action brought by the covered jurisdiction. 1976 (6) If any covered jurisdiction enacts or implements any 1977 covered policy without obtaining preclearance for such covered 1978 policy in accordance with this section, any individual aggrieved 1979 by such a violation, any entity whose membership includes 1980 individuals aggrieved by such a violation, any entity whose 1981 mission would be frustrated by such a violation, any entity that 1982 would expend resources in order to fulfill its mission as a 1983 result of such a violation, the director of the database and 1984 institute, the Attorney General, or the FLVRA Commission may 1985 file an action to enjoin enactment or implementation and seek 1986 sanctions against the covered jurisdiction for violations of 1987 this section. Such a claim may be filed pursuant to the Florida 1988 Rules of Civil Procedure or in the Second Judicial Circuit. A 1989 claim under this subsection does not preclude, bar, or limit in 1990 any way any other claims that may be brought regarding the 1991 covered policy, including claims brought under other sections of 1992 this act. 1993 (7) If the FLVRA Commission approves preclearance for a 1994 covered policy in violation of this section, identifies or fails 1995 to identify a list of local governments that are covered 1996 jurisdictions in violation of this section, or otherwise fails 1997 to properly implement this section, any individual aggrieved by 1998 such a violation, any entity whose membership includes 1999 individuals aggrieved by such a violation, any entity whose 2000 mission would be frustrated by such a violation, or any entity 2001 that would expend resources in order to fulfill its mission as a 2002 result of such a violation may file an action seeking 2003 appropriate relief, including, but not limited to, injunctive 2004 relief on the FLVRA Commission or any other party, as the court 2005 deems necessary to enforce this section. Such a claim may be 2006 filed pursuant to the Florida Rules of Civil Procedure or in the 2007 Second Judicial Circuit. A claim under this subsection does not 2008 preclude, bar, or limit any other claims that may be brought 2009 regarding any covered policy, including claims brought under 2010 other sections of this act. 2011 (8) The FLVRA Commission shall adopt rules to implement 2012 this section, including rules concerning the content of and 2013 procedure for preclearance submission, procedures for public 2014 comment and transparency regarding preclearance determinations, 2015 and procedures for expedited and emergency preclearance 2016 determination, which may deviate from the timelines provided in 2017 paragraph (5)(d) provided that such preclearance determinations 2018 are preliminary. 2019 Section 15. Section 97.26, Florida Statutes, is created to 2020 read: 2021 97.26 Voter intimidation, deception, and obstruction.— 2022 (1) A person, whether acting under color of law or 2023 otherwise, may not engage in acts of intimidation, deception, 2024 obstruction, or any other tactic that has the effect of or may 2025 reasonably have the effect of interfering with another person’s 2026 right to vote. 2027 (2) A violation of subsection (1) includes any of the 2028 following: 2029 (a) The use of force or threats to use force, or the use of 2030 any other conduct to practice intimidation that causes or will 2031 reasonably have the effect of causing interference with an 2032 individual’s right to vote. 2033 (b) Knowingly using a deceptive or fraudulent device, 2034 contrivance, or communication that causes or will reasonably 2035 have the effect of causing interference with any individual’s 2036 right to vote. 2037 (c) The obstruction of, impediment to, or the interference 2038 with access to any early voting site, polling place, secure 2039 ballot intake station, or office of the supervisor of elections 2040 in a manner that causes or will reasonably have the effect of 2041 causing interference with any individual’s right to vote or 2042 causing any delay in voting or the voting process. 2043 (3)(a) In any action to enforce this section, there is a 2044 rebuttable presumption that a person has violated this section 2045 if he or she openly carries or brandishes a firearm, imitation 2046 firearm, or toy gun while: 2047 1. Interacting with or observing any person voting or 2048 attempting to vote; 2049 2. Urging or aiding any person to vote or attempt to vote, 2050 whether as part of official election administration activities 2051 or unofficial activities; or 2052 3. Exercising any powers or duties in administering 2053 elections, including, but not limited to, vote counting, 2054 canvassing, or certification of returns. 2055 (b) Law enforcement officers acting within the scope of 2056 their official duties are not subject to the presumption, but a 2057 court may nonetheless consider a law enforcement officer’s 2058 possession of a firearm in determining whether the officer 2059 violated this section. 2060 (4) Any individual aggrieved by a violation of this 2061 section, any entity whose membership includes individuals 2062 aggrieved by a violation of this section, any entity whose 2063 mission would be frustrated by a violation of this section, any 2064 entity that would expend resources in order to fulfill its 2065 mission as a result of a violation of this section, the Attorney 2066 General, or the FLVRA Commission may file a civil action 2067 alleging a violation of this section. Such a claim may be filed 2068 pursuant to the Florida Rules of Civil Procedure or in the 2069 Second Judicial Circuit. 2070 (5) In addition to any remedies that may be imposed under 2071 s. 97.28, if the court finds a violation of this section, the 2072 court must order appropriate remedies that are tailored to 2073 addressing the violation, including, but not limited to, 2074 providing for additional time for individuals to vote in an 2075 election, primary, or referendum, and awarding nominal damages 2076 for any violation and compensatory or punitive damages for any 2077 willful violation. 2078 Section 16. Section 97.27, Florida Statutes, is created to 2079 read: 2080 97.27 Democracy canon.— 2081 (1) Any provision of this code, any regulation, charter, 2082 home rule ordinance, or other enactment of the state or any 2083 local government relating to the right to vote must be liberally 2084 construed in favor of the rights enumerated in paragraphs (a) 2085 (e), as follows: 2086 (a) Protecting the right to cast a ballot and make the 2087 ballot valid. 2088 (b) Ensuring eligible individuals seeking voter 2089 registration are not impaired in being registered. 2090 (c) Ensuring voters are not impaired in voting, including, 2091 but not limited to, having their votes counted. 2092 (d) Making the fundamental right to vote more accessible to 2093 eligible voters. 2094 (e) Ensuring equitable access for protected class members 2095 to opportunities to be registered to vote and to vote. 2096 (2) It is the policy of the state that courts should 2097 exercise its discretion on any issue, including, but not limited 2098 to, questions of discovery, procedure, admissibility of 2099 evidence, or remedies, in favor of the rights enumerated in 2100 paragraphs (1)(a)-(e) to the extent allowable by law. 2101 Furthermore, it is the policy of the state to promote the free 2102 flow of documents and information concerning the intent of 2103 public officials in actions concerning the right to vote. 2104 Accordingly, in any action under this act, the federal Voting 2105 Rights Act, or a voting-related claim under the State 2106 Constitution or the United States Constitution, sovereign, 2107 governmental, executive, legislative, or deliberative immunities 2108 and privileges, including any evidentiary privileges, may not be 2109 asserted. However, this section does not apply to any attorney 2110 client or attorney work-product privileges. 2111 Section 17. Section 97.28, Florida Statutes, is created to 2112 read: 2113 97.28 Remedies.— 2114 (1) If a court finds a violation of this act, the court 2115 must order appropriate remedies that are tailored to address 2116 such violation and to ensure protected class members have 2117 equitable opportunities to fully participate in the political 2118 process and that can be implemented in a manner that will not 2119 unduly disrupt the administration of an ongoing or imminent 2120 election. Appropriate remedies include, but need not be limited 2121 to, any of the following: 2122 (a) A district-based method of election. 2123 (b) An alternative method of election. 2124 (c) New or revised district or redistricting plans. 2125 (d) Elimination of staggered elections so that all members 2126 of the legislative body are elected at the same time. 2127 (e) Reasonably increasing the size of the legislative body. 2128 (f) Additional voting days or hours. 2129 (g) Additional polling places and early voting sites. 2130 (h) Additional opportunities to return ballots. 2131 (i) Holding special elections. 2132 (j) Expanded opportunities for voter registration. 2133 (k) Additional voter education. 2134 (l) The restoration or addition of individuals to registry 2135 lists. 2136 (m) Retaining jurisdiction for such a period of time as the 2137 court may deem appropriate. 2138 (2) The court shall consider remedies proposed by any party 2139 to the action or by interested nonparties. The court may not 2140 give deference or priority to a proposed remedy because it is 2141 proposed by the state or local government. 2142 (3) If necessary to remedy a violation of this act, the 2143 court is empowered to require a local government to implement 2144 remedies that are inconsistent with any other law and any 2145 special act, charter or home rule ordinance, or other enactment 2146 of the state or local government. 2147 (4) Notwithstanding the Florida Rules of Civil Procedure or 2148 any other law, the court must grant a temporary injunction and 2149 any other preliminary relief requested under this section with 2150 respect to an upcoming election if the court determines that the 2151 party is more likely than not to succeed on the merits and that 2152 it is possible to implement an appropriate temporary remedy that 2153 would resolve the violation alleged under this section before 2154 the next general election. 2155 (5) In any action to enforce this act, the court shall 2156 award reasonable attorney fees and litigation costs, including, 2157 but not limited to, expert witness fees and expenses, to the 2158 party that filed an action, other than a state or local 2159 government, and that prevailed in such action. The party that 2160 filed the action is deemed to have prevailed when, as a result 2161 of litigation, the party against whom the action was filed has 2162 yielded some or all of the relief sought in the action. In the 2163 case of a party against whom an action was filed and who 2164 prevailed, the court may not award the party any costs unless 2165 the court finds the action to be frivolous, unreasonable, or 2166 without foundation. 2167 Section 18. Paragraph (b) of subsection (4) of section 2168 98.045, Florida Statutes, is amended to read: 2169 98.045 Administration of voter registration.— 2170 (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL 2171 STREET ADDRESSES.— 2172 (b) The department shall make the statewide database of 2173 valid street addresses available to the Department of Highway 2174 Safety and Motor Vehicles as provided in s. 97.057(8)s.217597.057(10). The Department of Highway Safety and Motor Vehicles 2176 shall use the database for purposes of validating the legal 2177 residential addresses provided in voter registration 2178 applications received by the Department of Highway Safety and 2179 Motor Vehicles. 2180 Section 19. Section 100.51, Florida Statutes, is created to 2181 read: 2182 100.51 General Election Day paid holiday.—In order to 2183 encourage civic participation, enable more individuals to serve 2184 as poll workers, and provide additional time for the resolution 2185 of any issues that arise while a voter is casting his or her 2186 ballot, General Election Day shall be a paid holiday. A voter is 2187 entitled to absent himself or herself from any service or 2188 employment in which he or she is engaged or employed during the 2189 time the polls are open on General Election Day. A voter who 2190 absents himself or herself under this section may not be 2191 penalized in any way, and a deduction may not be made from his 2192 or her usual salary or wages, on account of his or her absence. 2193 Section 20. Section 101.016, Florida Statutes, is created 2194 to read: 2195 101.016 Strategic elections equipment reserve.—The Division 2196 of Elections shall maintain a strategic elections equipment 2197 reserve of voting systems that may be deployed in the event of 2198 an emergency as defined in s. 101.732 or upon the occurrence of 2199 equipment capacity issues due to unexpected voter turnout. The 2200 reserve must include tabulation equipment and any other 2201 necessary equipment, including, but not limited to, printers, 2202 which are in use by each supervisor of elections. In lieu of 2203 maintaining a physical reserve of such equipment, the division 2204 may contract with a vendor of voting equipment to provide such 2205 equipment on an as-needed basis. 2206 Section 21. Section 101.019, Florida Statutes, is repealed. 2207 Section 22. Subsections (1) and (2) of section 101.048, 2208 Florida Statutes, are amended to read: 2209 101.048 Provisional ballots.— 2210 (1) At all elections, a voter claiming to be properly 2211 registered in thisthestate and eligible to voteat the2212precinctin the election but whose eligibility cannot be 2213 determined, a person whom an election official asserts is not 2214 eligible, including, but not limited to, a person to whom notice 2215 has been sent pursuant to s. 98.075(7), but for whom a final 2216 determination of eligibility has not been made, and other 2217 persons specified in the code shall be entitled to vote a 2218 provisional ballot at any precinct in the county in which the 2219 voter claims to be registered. Once voted, the provisional 2220 ballot must be placed in a secrecy envelope and thereafter 2221 sealed in a provisional ballot envelope. The provisional ballot 2222 must be deposited in a ballot box. All provisional ballots must 2223 remain sealed in their envelopes for return to the supervisor of 2224 elections. The department shall prescribe the form of the 2225 provisional ballot envelope. A person casting a provisional 2226 ballot has the right to present written evidence supporting his 2227 or her eligibility to vote to the supervisor of elections by not 2228 later than 5 p.m. on the second day following the election. 2229 (2)(a) The county canvassing board shall examine each 2230 Provisional Ballot Voter’s Certificate and Affirmation to 2231 determine if the person voting that ballot was entitled to vote 2232 in the county in whichat the precinct wherethe person cast a 2233 vote in the election and that the person had not already cast a 2234 ballot in the election. In determining whether a person casting 2235 a provisional ballot is entitled to vote, the county canvassing 2236 board shall review the information provided in the Voter’s 2237 Certificate and Affirmation, written evidence provided by the 2238 person pursuant to subsection (1), information provided in any 2239 cure affidavit and accompanying supporting documentation 2240 pursuant to subsection (6), any other evidence presented by the 2241 supervisor, and, in the case of a challenge, any evidence 2242 presented by the challenger. A ballot of a person casting a 2243 provisional ballot mustshallbe canvassed pursuant to paragraph 2244 (b) unless the canvassing board determines by a preponderance of 2245 the evidence that the person was not entitled to vote. 2246 (b) If it is determined that the person was registered and 2247 entitled to vote in the county in whichat the precinct where2248 the person cast a vote in the election, the canvassing board 2249 must compare the signature on the Provisional Ballot Voter’s 2250 Certificate and Affirmation or the provisional ballot cure 2251 affidavit with the signature on the voter’s registration or 2252 precinct register. A provisional ballot may be counted only if: 2253 1. The signature on the voter’s certificate or the cure 2254 affidavit matches the elector’s signature in the registration 2255 books or the precinct register; however, in the case of a cure 2256 affidavit, the supporting identification listed in subsection 2257 (6) must also confirm the identity of the elector; or 2258 2. The cure affidavit contains a signature that does not 2259 match the elector’s signature in the registration books or the 2260 precinct register, but the elector has submitted a current and 2261 valid Tier 1 form of identification confirming his or her 2262 identity pursuant to subsection (6). 2263 2264 For purposes of this paragraph, any canvassing board finding 2265 that signatures do not match must be by majority vote and beyond 2266 a reasonable doubt. 2267 (c) Any provisional ballot not counted must remain in the 2268 envelope containing the Provisional Ballot Voter’s Certificate 2269 and Affirmation, and the envelope mustshallbe marked “Rejected 2270 as Illegal.” 2271 (d) If a provisional ballot is validated following the 2272 submission of a cure affidavit, the supervisor must make a copy 2273 of the affidavit, affix it to a voter registration application, 2274 and immediately process it as a valid request for a signature 2275 update pursuant to s. 98.077. 2276 Section 23. Paragraph (a) of subsection (1) and paragraphs 2277 (c) and (d) of subsection (3) of section 101.62, Florida 2278 Statutes, are amended, and subsection (7) is added to that 2279 section, to read: 2280 101.62 Request for vote-by-mail ballots.— 2281 (1) REQUEST.— 2282 (a) The supervisor shall accept a request for a vote-by 2283 mail ballot only from a voter or, if directly instructed by the 2284 voter, a member of the voter’s immediate family or the voter’s 2285 legal guardian. A request may be made in person, in writing, by 2286 telephone, or through the supervisor’s website. The department 2287 shall prescribe by rule by October 1, 2023, a uniform statewide 2288 application to make a written request for a vote-by-mail ballot 2289 which includes fields for all information required in this 2290 subsection. One request is deemed sufficient to receive a vote 2291 by-mail ballot for all elections until the voter or the voter’s 2292 designee notifies the supervisor that the elector cancels such 2293 requestthrough the end of the calendar year of the next2294regularly scheduled general election, unless the voter or the 2295 voter’s designee indicates at the time the request is made the 2296 electionswithin such periodfor which the voter desires to 2297 receive a vote-by-mail ballot. The supervisor must cancel a 2298 request for a vote-by-mail ballot when any first-class mail or 2299 nonforwardable mail sent by the supervisor to the voter is 2300 returned as undeliverable. If the voter requests a vote-by-mail 2301 ballot thereafter, the voter must provide or confirm his or her 2302 current residential address. 2303 (3) DELIVERY OF VOTE-BY-MAIL BALLOTS.— 2304 (c) Except as otherwise provided in paragraph (a) or 2305 paragraph (b), the supervisor shall mail vote-by-mail ballots 2306 within 2 business days after receiving a request for such a 2307 ballot, but no later than the 11th10thday before election day. 2308 The deadline to submit a request for a ballot to be mailed is 5 2309 p.m. local time on the 12th day before an upcoming election. 2310 (d) Upon a request for a vote-by-mail ballot, the 2311 supervisor shall provide a vote-by-mail ballot to each voter by 2312 whom a request for that ballot has been made, by one of the 2313 following means: 2314 1. By nonforwardable, return-if-undeliverable mail to the 2315 voter’s current mailing address on file with the supervisor or 2316 any other address the voter specifies in the request. The 2317 envelopes must be prominently marked “Do Not Forward.” 2318 2. By forwardable mail, e-mail, or facsimile machine 2319 transmission to absent uniformed services voters and overseas 2320 voters. The absent uniformed services voter or overseas voter 2321 may designate in the vote-by-mail ballot request the preferred 2322 method of transmission. If the voter does not designate the 2323 method of transmission, the vote-by-mail ballot must be mailed. 2324 3. By personal delivery to the voter after vote-by-mail 2325 ballots have been mailed and up to 7 p.m. on election day upon 2326 presentation of the identification required in s. 101.043. 2327 4. By delivery to the voter’s designee after vote-by-mail 2328 ballots have been mailed and up to 7 p.m. on election day. Any 2329 voter may designate in writing a person to pick up the ballot 2330 for the voter; however, the person designated may not pick up2331more than two vote-by-mail ballots per election, other than the2332designee’s own ballot, except that additional ballots may be2333picked up for members of the designee’s immediate family.The2334designee shall provide to the supervisor the written2335authorization by the voter and a picture identification of the2336designee and must complete an affidavit. The designee shall2337state in the affidavit that the designee is authorized by the2338voter to pick up that ballot and shall indicate if the voter is2339a member of the designee’s immediate family and, if so, the2340relationship. The department shall prescribe the form of the2341affidavit. If the supervisor is satisfied that the designee is2342authorized to pick up the ballot and that the signature of the2343voter on the written authorization matches the signature of the2344voter on file, the supervisor must give the ballot to that2345designee for delivery to the voter.2346 5. Except as provided in s. 101.655, the supervisor may not 2347 deliver a vote-by-mail ballot to a voter or a voter’s designee 2348 pursuant to subparagraph 3. or subparagraph 4., respectively, 2349 during the mandatory early voting period and up to 7 p.m. on 2350 election day, unless there is an emergency, to the extent that 2351 the voter will be unable to go to a designated early voting site 2352 in his or her county or to his or her assigned polling place on 2353 election day. If a vote-by-mail ballot is delivered, the voter 2354 or his or her designee must execute an affidavit affirming to 2355 the facts which allow for delivery of the vote-by-mail ballot. 2356 The department shall adopt a rule providing for the form of the 2357 affidavit. 2358 (7) DEADLINE EXTENSION.—If a deadline under this section 2359 falls on a day when the office of the supervisor is scheduled to 2360 be closed, the deadline must be extended until the next business 2361 day. 2362 Section 24. Paragraph (a) of subsection (1), subsection 2363 (2), and subsection (4) of section 101.64, Florida Statutes, are 2364 amended to read: 2365 101.64 Delivery of vote-by-mail ballots; envelopes; form.— 2366 (1)(a) The supervisor shall enclose with each vote-by-mail 2367 ballot two envelopes: a secrecy envelope, into which the absent 2368 voter mustelector shallenclose his or her marked ballot; and a 2369 postage prepaid mailing envelope, into which the absent voter 2370 mustelector shallthen place the secrecy envelope, which must 2371shallbe addressed to the supervisor and also bear on the back 2372 side a certificate in substantially the following form: 2373 Note: Please Read Instructions Carefully Before 2374 Marking Ballot and Completing Voter’s Certificate. 2375 VOTER’S CERTIFICATE 2376 I, ...., do solemnly swear or affirm that I am a qualified 2377 and registered voter of .... County, Florida, and that I have 2378 not and will not vote more than one ballot in this election. I 2379 understand that if I commit or attempt to commit any fraud in 2380 connection with voting, vote a fraudulent ballot, or vote more 2381 than once in an election, I can be convicted of a felony of the 2382 third degree and fined up to $5,000 and/or imprisoned for up to 2383 5 years. I also understand that failure to sign this certificate 2384 will invalidate my ballot. 2385 ...(Date)... 2386 ...(Voter’s Signature or Last Four Digits of Social Security 2387 Number)... 2388 ...(E-Mail Address)... ...(Home Telephone Number)... 2389 ...(Mobile Telephone Number)... 2390 (2) The certificate mustshallbe arranged on the back of 2391 the mailing envelope so that the line for the signature or last 2392 four digits of the social security number of the voterabsent2393electoris across the seal of the envelope; however, ano2394 statement may notshallappear on the envelope which indicates 2395 that a signature or the last four digits of the social security 2396 number of the voter must cross the seal of the envelope. The 2397 voter mustabsent elector shallexecute the certificate on the 2398 envelope. 2399 (4) The supervisor shall mark, code, indicate on, or 2400 otherwise track the precinct of the voterabsent electorfor 2401 each vote-by-mail ballot. 2402 Section 25. Section 101.65, Florida Statutes, is amended to 2403 read: 2404 101.65 Instructions to absent electors.—The supervisor 2405 shall enclose with each vote-by-mail ballot separate printed 2406 instructions in substantially the following form; however, where 2407 the instructions appear in capitalized text, the text of the 2408 printed instructions must be in bold font: 2409 2410 READ THESE INSTRUCTIONS CAREFULLY 2411 BEFORE MARKING BALLOT. 2412 2413 1. VERY IMPORTANT. In order to ensure that your vote-by 2414 mail ballot will be counted, it should be completed and returned 2415 as soon as possible so that it can reach the supervisor of 2416 elections of the county in which your precinct is located no 2417 later than 7 p.m. on the day of the election. However, if you 2418 are an overseas voter casting a ballot in a presidential 2419 preference primary or general election, your vote-by-mail ballot 2420 must be postmarked or dated no later than the date of the 2421 election and received by the supervisor of elections of the 2422 county in which you are registered to vote no later than 10 days 2423 after the date of the election. Note that the later you return 2424 your ballot, the less time you will have to cure any signature 2425 deficiencies, which may cause your ballot not to be countedis2426authorized until 5 p.m. on the 2nd day after the election. 2427 2. Mark your ballot in secret as instructed on the ballot. 2428 You must mark your own ballot unless you are unable to do so 2429 because of blindness, disability, or inability to read or write. 2430 3. Mark only the number of candidates or issue choices for 2431 a race as indicated on the ballot. If you are allowed to “Vote 2432 for One” candidate and you vote for more than one candidate, 2433 your vote in that race will not be counted. 2434 4. Place your marked ballot in the enclosed secrecy 2435 envelope. 2436 5. Insert the secrecy envelope into the enclosed mailing 2437 envelope which is addressed to the supervisor. 2438 6. Seal the mailing envelope and completely fill out the 2439 Voter’s Certificate on the back of the mailing envelope. 2440 7. VERY IMPORTANT. In order for your vote-by-mail ballot to 2441 be counted, you must sign your name or print the last four 2442 digits of your social security number on the line above (Voter’s 2443 Signature or Last Four Digits of Social Security Number). A 2444 vote-by-mail ballot will be considered illegal and not be 2445 counted if the signature or the last four digits of the social 2446 security number on the voter’s certificate dodoesnot match the 2447 signature or social security number on record. The signature on 2448 file at the time the supervisor of elections in the county in 2449 which your precinct is located receives your vote-by-mail ballot 2450 is the signature that will be used to verify your signature on 2451 the voter’s certificate. If you need to update your signature 2452 for this election, send your signature update on a voter 2453 registration application to your supervisor of electionsso that2454it is received before your vote-by-mail ballot is received. 2455 8. VERY IMPORTANT. If you are an overseas voter, you must 2456 include the date you signed the Voter’s Certificate or printed 2457 the last four digits of your social security number on the line 2458 above (Date) or your ballot may not be counted. 2459 9. Mail, deliver, or have delivered the completed mailing 2460 envelope. Be sure there is sufficient postage if mailed. THE 2461 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE 2462 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS 2463 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE 2464 STATION, AVAILABLE AT EACH EARLY VOTING LOCATION. 2465 10. FELONY NOTICE. It is a felony under Florida law to 2466 accept any gift, payment, or gratuity in exchange for your vote 2467 for a candidate. It is also a felony under Florida law to vote 2468 in an election using a false identity or false address, or under 2469 any other circumstances making your ballot false or fraudulent. 2470 Section 26. Paragraph (a) and (b) of subsection (1), 2471 paragraph (c) of subsection (2), and paragraphs (a), (c), and 2472 (d) of subsection (4) of section 101.68, Florida Statutes, are 2473 amended to read: 2474 101.68 Canvassing of vote-by-mail ballot.— 2475 (1)(a) The supervisor of the county where the absent 2476 elector resides shall receive the voted ballot, at which time 2477 the supervisor shall compare the signature or the last four 2478 digits of the social security number of the elector on the 2479 voter’s certificate with the signature or the last four digits 2480 of the social security number of the elector in the registration 2481 books or the precinct register to determine whether the elector 2482 is duly registered in the county and must record on the 2483 elector’s registration record that the elector has voted. During 2484 the signature comparison process, the supervisor may not use any 2485 knowledge of the political affiliation of the elector whose 2486 signature is subject to verification. 2487 (b) An elector who dies after casting a vote-by-mail ballot 2488 but on or before election day mustshallremain listed in the 2489 registration books until the results have been certified for the 2490 election in which the ballot was cast. The supervisor shall 2491 safely keep the ballot unopened in his or her office until the 2492 county canvassing board canvasses the vote pursuant to 2493 subsection (2). 2494 (2) 2495 (c)1. The canvassing board must, if the supervisor has not 2496 already done so, compare the signature or the last four digits 2497 of the social security number of the elector on the voter’s 2498 certificate or on the vote-by-mail ballot cure affidavit as 2499 provided in subsection (4) with the signature or last four 2500 digits of the social security number of the elector in the 2501 registration books or the precinct register to see that the 2502 elector is duly registered in the county and to determine the 2503 legality of that vote-by-mail ballot. A vote-by-mail ballot may 2504 only be counted if: 2505 a. The signature or last four digits of the social security 2506 number on the voter’s certificate or the cure affidavit match 2507matchesthe elector’s signature or last four digits of the 2508 social security number in the registration books or precinct 2509 register; however, in the case of a cure affidavit, the 2510 supporting identification listed in subsection (4) must also 2511 confirm the identity of the elector; or 2512 b. The cure affidavit contains a signature or the last four 2513 digits of a social security number which dothat doesnot match 2514 the elector’s signature or last four digits of the social 2515 security number in the registration books or precinct register, 2516 but the elector has submitted a current and valid Tier 1 2517 identification pursuant to subsection (4) which confirms the 2518 identity of the elector. 2519 2520 For purposes of this subparagraph, any canvassing board finding 2521 that an elector’s signatures or last four digits of the 2522 elector’s social security numbers do not match must be by 2523 majority vote and beyond a reasonable doubt. 2524 2. The ballot of an elector who casts a vote-by-mail ballot 2525 shall be counted even if the elector dies on or before election 2526 day, as long as, before the death of the voter, the ballot was 2527 postmarked by the United States Postal Service, date-stamped 2528 with a verifiable tracking number by a common carrier, or 2529 already in the possession of the supervisor. 2530 3. A vote-by-mail ballot is not considered illegal if the 2531 signature or last four digits of the social security number of 2532 the elector dodoesnot cross the seal of the mailing envelope. 2533 4.If any elector or candidate present believes that a2534vote-by-mail ballot is illegal due to a defect apparent on the2535voter’s certificate or the cure affidavit, he or she may, at any2536time before the ballot is removed from the envelope, file with2537the canvassing board a protest against the canvass of that2538ballot, specifying the precinct, the voter’s certificate or the2539cure affidavit, and the reason he or she believes the ballot to2540be illegal. A challenge based upon a defect in the voter’s2541certificate or cure affidavit may not be accepted after the2542ballot has been removed from the mailing envelope.25435.If the canvassing board determines that a ballot is 2544 illegal, a member of the board must, without opening the 2545 envelope, mark across the face of the envelope: “rejected as 2546 illegal.” The cure affidavit, if applicable, the envelope, and 2547 the ballot therein mustshallbe preserved in the manner that 2548 official ballots are preserved. 2549 (4)(a) As soon as practicable, the supervisor shall, on 2550 behalf of the county canvassing board, attempt to notify an 2551 elector who has returned a vote-by-mail ballot that does not 2552 include the elector’s signature or last four digits of the 2553 elector’s social security number or contains a signature or the 2554 last four digits of a social security number that dodoesnot 2555 match the elector’s signature or last four digits of the 2556 elector’s social security number in the registration books or 2557 precinct register by: 2558 1. Notifying the elector of the signature or last four 2559 digits of the social security number deficiency by e-mail and 2560 directing the elector to the cure affidavit and instructions on 2561 the supervisor’s website; 2562 2. Notifying the elector of the signature or last four 2563 digits of the social security number deficiency by text message 2564 and directing the elector to the cure affidavit and instructions 2565 on the supervisor’s website; or 2566 3. Notifying the elector of the signature or last four 2567 digits of the social security number deficiency by telephone and 2568 directing the elector to the cure affidavit and instructions on 2569 the supervisor’s website. 2570 2571 In addition to the notification required under subparagraph 1., 2572 subparagraph 2., or subparagraph 3., the supervisor must notify 2573 the elector of the signature or last four digits of the social 2574 security number deficiency by first-class mail and direct the 2575 elector to the cure affidavit and instructions on the 2576 supervisor’s website. Beginning the day before the election, the 2577 supervisor is not required to provide notice of the signature 2578 deficiency by first-class mail, but shall continue to provide 2579 notice as required under subparagraph 1., subparagraph 2., or 2580 subparagraph 3. 2581 (c) The elector must complete a cure affidavit in 2582 substantially the following form: 2583 2584 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT 2585 2586 I, ...., am a qualified voter in this election and 2587 registered voter of .... County, Florida. I do solemnly swear or 2588 affirm that I requested and returned the vote-by-mail ballot and 2589 that I have not and will not vote more than one ballot in this 2590 election. I understand that if I commit or attempt any fraud in 2591 connection with voting, vote a fraudulent ballot, or vote more 2592 than once in an election, I may be convicted of a felony of the 2593 third degree and fined up to $5,000 and imprisoned for up to 5 2594 years. I understand that my failure to sign this affidavit means 2595 that my vote-by-mail ballot will be invalidated. 2596 2597 ...(Voter’s Signature or Last Four Digits of Social Security 2598 Number)... 2599 ...(Address)... 2600 2601 (d) Instructions must accompany the cure affidavit in 2602 substantially the following form: 2603 2604 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 2605 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 2606 BALLOT NOT TO COUNT. 2607 2608 1. In order to ensure that your vote-by-mail ballot will be 2609 counted, your affidavit should be completed and returned as soon 2610 as possible so that it can reach the supervisor of elections of 2611 the county in which your precinct is located no later than 5 2612 p.m. on the 2nd day after the election. 2613 2. You must sign your name or print the last four digits of 2614 your social security number on the line above (Voter’s Signature 2615 or Last Four Digits of Social Security Number). 2616 3. You must make a copy of one of the following forms of 2617 identification: 2618 a. Tier 1 identification.—Current and valid identification 2619 that includes your name and photograph: Florida driver license; 2620 Florida identification card issued by the Department of Highway 2621 Safety and Motor Vehicles; United States passport; debit or 2622 credit card; military identification; student identification; 2623 retirement center identification; neighborhood association 2624 identification; public assistance identification; veteran health 2625 identification card issued by the United States Department of 2626 Veterans Affairs; a Florida license to carry a concealed weapon 2627 or firearm; or an employee identification card issued by any 2628 branch, department, agency, or entity of the Federal Government, 2629 the state, a county, or a municipality; or 2630 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1 2631 FORM OF IDENTIFICATION, identification that shows your name and 2632 current residence address: current utility bill, bank statement, 2633 government check, paycheck, or government document (excluding 2634 voter information card). 2635 4. Place the envelope bearing the affidavit into a mailing 2636 envelope addressed to the supervisor. Insert a copy of your 2637 identification in the mailing envelope. Mail (if time permits), 2638 deliver, or have delivered the completed affidavit along with 2639 the copy of your identification to your county supervisor of 2640 elections. Be sure there is sufficient postage if mailed and 2641 that the supervisor’s address is correct. Remember, your 2642 information MUST reach your county supervisor of elections no 2643 later than 5 p.m. on the 2nd day after the election, or your 2644 ballot will not count. 2645 5. Alternatively, you may fax or e-mail your completed 2646 affidavit and a copy of your identification to the supervisor of 2647 elections. If e-mailing, please provide these documents as 2648 attachments. 2649 Section 27. Section 101.69, Florida Statutes, is amended to 2650 read: 2651 101.69 Voting in person; return of vote-by-mail ballot.— 2652 (1) The provisions of this code mayshallnot be construed 2653 to prohibit any voterelectorfrom voting in person at the 2654 voter’selector’sprecinct on the day of an election or at an 2655 early voting site, notwithstanding that the voterelectorhas 2656 requested a vote-by-mail ballot for that election. A voterAn2657electorwho has returned a voted vote-by-mail ballot to the 2658 supervisor, however, is deemed to have cast his or her ballot 2659 and is not entitled to vote another ballot or to have a 2660 provisional ballot counted by the county canvassing board. A 2661 voterAn electorwho has received a vote-by-mail ballot and has 2662 not returned the voted ballot to the supervisor, but desires to 2663 vote in person, shall return the ballot, whether voted or not, 2664 to the election board in the voter’selector’sprecinct or to an 2665 early voting site. The returned ballot mustshallbe marked 2666 “canceled” by the board and placed with other canceled ballots. 2667 However, if the voterelectordoes not return the ballot and the 2668 election official: 2669 (a) Confirms that the supervisor has received the voter’s 2670elector’svote-by-mail ballot, the voter mayelector shallnot 2671 be allowed to vote in person. If the voterelectormaintains 2672 that he or she has not returned the vote-by-mail ballot or 2673 remains eligible to vote, the voter mustelector shallbe 2674 provided a provisional ballot as provided in s. 101.048. 2675 (b) Confirms that the supervisor has not received the 2676 voter’selector’svote-by-mail ballot, the voter mustelector2677shallbe allowed to vote in person as provided in this code. The 2678 voter’selector’svote-by-mail ballot, if subsequently received, 2679 mayshallnot be counted and mustshallremain in the mailing 2680 envelope, and the envelope mustshallbe marked “Rejected as 2681 Illegal.” 2682 (c) Cannot determine whether the supervisor has received 2683 the voter’selector’svote-by-mail ballot, the voterelectormay 2684 vote a provisional ballot as provided in s. 101.048. 2685 (2)(a) The supervisor shall allow a voteran electorwho 2686 has received a vote-by-mail ballot to physically return a voted 2687 vote-by-mail ballot to the supervisor by placing the return mail 2688 envelope containing his or her marked ballot in a secure ballot 2689 intake station. Secure ballot intake stations mustshallbe 2690 placed at the main office of the supervisor, at each permanent 2691 branch office of the supervisor which meets the criteria set 2692 forth in s. 101.657(1)(a) for branch offices used for early 2693 voting and which is open for at least the minimum number of 2694 hours prescribed by s. 98.015(4), and at each early voting site. 2695 Secure ballot intake stations may also be placed at any other 2696 site that would otherwise qualify as an early voting site under 2697 s. 101.657(1). Secure ballot intake stations must be 2698 geographically located so as to provide all voters in the county 2699 with an equal opportunity to cast a ballot, insofar as is 2700 practicable.Except for secure ballot intake stations at an2701office of the supervisor, a secure ballot intake station may2702only be used during the county’s early voting hours of operation2703and must be monitored in person by an employee of the2704supervisor’s office.A secure ballot intake station at an office 2705 of the supervisor must becontinuouslymonitoredin personbyan2706employee ofthe supervisor’s office when the secure ballot 2707 intake station is accessible for deposit of ballots. 2708 (b) A supervisor shall designate each secure ballot intake 2709 station location at least 30 days before an election. The 2710 supervisor shall provide the address of each secure ballot 2711 intake station location to the division at least 30 days before 2712 an election. After a secure ballot intake station location has 2713 been designated, it may not be moved or changed except as 2714 approved by the division to correct a violation of this 2715 subsection. 2716 (c)1. On each day of early voting, all secure ballot intake 2717 stations must be emptied at the end of early voting hours and 2718 all ballots retrieved from the secure ballot intake stations 2719 must be returned to the supervisor’s office. 2720 2. For secure ballot intake stations located at an office 2721 of the supervisor, all ballots must be retrieved before the 2722 secure ballot intake station is no longer monitored byan2723employee ofthe supervisor. 2724 3. Employees of the supervisor must comply with procedures 2725 for the chain of custody of ballots as required by s. 2726 101.015(4). 2727(3) If any secure ballot intake station is left accessible2728for ballot receipt other than as authorized by this section, the2729supervisor is subject to a civil penalty of $25,000. The2730division is authorized to enforce this provision.2731 Section 28. Subsection (1) of section 104.42, Florida 2732 Statutes, is amended to read: 2733 104.42 Fraudulent registration and illegal voting; 2734 investigation.— 2735 (1) The supervisor of elections is authorized to 2736 investigate fraudulent registrations and illegal voting and to 2737 report his or her findings to the local state attorneyand the2738Office of Election Crimes and Security. 2739 Section 29. This act shall take effect July 1, 2024.