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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to elections; amending s. 15.21, F.S.; 2
requiring the Secretary of State to notify the 3
Attorney General if signatures required for an 4
initiative petition are no longer valid; authorizing 5
the Secretary of State to resubmit the initiative 6
petition to the Attorney General if certain conditions 7
are met; amending s. 16.061, F.S.; requiring the 8
Attorney General to withdraw his or her petition for 9
an advisory opinion by the Supreme Court if notified 10
by the Secretary of State that the initiative peti tion 11
no longer meets the criteria for review; requiring the 12
Attorney General to file a new petition for an 13
advisory opinion if the initiative petition 14
subsequently qualifies for review; creating s. 97.022, 15
F.S.; creating the Office of Election Crimes and 16
Security within the Department of State; specifying 17
the duties and structure of the office; providing for 18
construction; requiring the department to annually 19
report to the Governor and Legislature regarding the 20
office's activities; specifying requirements fo r such 21
report; amending s. 97.0291, F.S.; clarifying 22
provisions governing the prohibition on the 23
solicitation, acceptance, use, and disposal of 24
donations for funding certain election -related 25
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expenses; amending s. 97.057, F.S.; conforming a 26
cross-reference; amending s. 97.0575, F.S.; revising a 27
limitation on the amount of aggregate fines which may 28
be assessed against a third -party voter registration 29
organization in a calendar year; specifying that a 30
third-party voter registration organization is liable 31
for a certain fine if a person collecting voter 32
registration applications on its behalf is convicted 33
of unlawfully altering any application; amending s. 34
98.065, F.S.; revising the frequency with which 35
supervisors of elections must conduct a registration 36
list maintenance program; modifying required 37
components of registration list maintenance programs; 38
amending s. 98.0655, F.S.; revising requirements for 39
certain registration list maintenance forms to be 40
prescribed by the Department of State; amending s. 41
98.075, F.S.; authorizing the Department of State to 42
identify deceased registered voters using information 43
received from the Department of Highway Safety and 44
Motor Vehicles; amending s. 98.093, F.S.; requiring 45
clerks of the circuit court and the Department of 46
Highway Safety and Motor Vehicles to furnish 47
additional information to the Department of State on a 48
monthly basis; amending s. 100.041, F.S.; providing an 49
exception to certain county commissioner election 50
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requirements for certain districts; amending s. 51
100.371, F.S.; revising duties of the supervisor with 52
respect to the processing and retention of initiative 53
petition forms; requiring the supervisor to post 54
additional information regarding petition forms on his 55
or her website; requiring the Secretary of State to 56
notify the Financial Impact Estimating Conference if 57
the signatures for an initiative petition are no 58
longer valid; specifying conditions under which the 59
Financial Impact Estimating Conference does not need 60
to complete an analysis and financial impact state ment 61
for an initiative petition; creating s. 101.019, F.S.; 62
prohibiting the use of ranked -choice voting to 63
determine election or nomination to elective office; 64
voiding existing or future local ordinances 65
authorizing the use of ranked -choice voting; amendin g 66
s. 101.043, F.S.; deleting provisions that prohibit 67
using an address appearing on identification presented 68
by an elector as a basis to confirm an elector's legal 69
residence and asking an elector for certain 70
information in certain circumstances; amending s . 71
101.5614, F.S.; requiring specified individuals 72
observing the ballot duplication process to sign a 73
specified affidavit acknowledging certain criminal 74
penalties; prohibiting persons authorized to observe, 75
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review, or inspect ballot materials or observe 76
canvassing from releasing certain information about an 77
election before the closing of the polls; providing 78
criminal penalties; amending s. 101.6103, F.S.; 79
conforming certain provisions governing the Mail 80
Ballot Election Act to provisions applicable to the 81
mailing and canvassing of vote -by-mail ballots; 82
amending s. 101.655, F.S.; revising the date by which 83
requests for supervised voting must be made; amending 84
s. 102.091, F.S.; requiring the Governor, in 85
consultation with the executive director of the 86
Department of Law Enforcement, to appoint special 87
officers to investigate election law violations; 88
specifying requirements for such special officers; 89
providing construction; amending s. 102.101, F.S.; 90
prohibiting a special officer from entering a polling 91
place; providing exceptions; amending s. 104.0616, 92
F.S.; increasing criminal penalties for certain 93
unlawful acts involving vote -by-mail ballots; amending 94
s. 104.185, F.S.; increasing criminal penalties for a 95
person who signs another person's name or a fictitious 96
name on specified petitions; amending s. 104.186, 97
F.S.; increasing criminal penalties for a person who 98
unlawfully compensates a petition circulator based on 99
the number of petition forms gathered; amending s. 100
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124.011, F.S.; providing that certain county 101
commissioners must be elected at the general election 102
immediately following redistricting; requiring such 103
commissioners' terms to commence on a certain date; 104
providing applicability; amending s. 921.0022, F.S.; 105
ranking a specified offense involving vote -by-mail 106
ballots on the severity ranking chart of the Criminal 107
Punishment Code; providing legislative findings and 108
intent; requiring the Department of State to submit a 109
report to the Legislature by a specified date; 110
providing report requirements; providing effective 111
dates. 112
113
Be It Enacted by the Legislature of the State of Florida: 114
115
Section 1. Section 15.21, Florida Statutes, is amended to 116
read: 117
15.21 Initiative petitions; s. 3, Art. XI, State 118
Constitution.— 119
(1) The Secretary of State shall immediately sub mit an 120
initiative petition to the Attorney General if the sponsor has: 121
(a)(1) Registered as a political committee pursuant to s. 122
106.03; 123
(b)(2) Submitted the ballot title, substance, and text of 124
the proposed revision or amendment to the Secretary of St ate 125
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pursuant to ss. 100.371 and 101.161; and 126
(c)(3) Obtained a letter from the Division of Elections 127
confirming that the sponsor has submitted to the appropriate 128
supervisors for verification, and the supervisors have verified, 129
forms signed and dated equa l to 25 percent of the number of 130
electors statewide required by s. 3, Art. XI of the State 131
Constitution in one-half of the congressional districts of the 132
state. 133
(2) If the Secretary of State has submitted an initiative 134
petition to the Attorney General pu rsuant to subsection (1) but 135
the validity of the signatures for such initiative petition have 136
expired pursuant to s. 100.371(11)(a) before securing ballot 137
placement, the Secretary of State must promptly notify the 138
Attorney General. The Secretary of State m ay resubmit the 139
initiative petition to the Attorney General if the initiative 140
petition is later circulated for placement on the ballot of a 141
subsequent general election and the criteria under subsection 142
(1) are satisfied. 143
Section 2. Subsection (4) is ad ded to section 16.061, 144
Florida Statutes, to read: 145
16.061 Initiative petitions. — 146
(4) If the Attorney General is notified by the Secretary 147
of State pursuant to s. 15.21(2) that an initiative petition no 148
longer qualifies for ballot placement for the ensui ng general 149
election, the Attorney General must withdraw his or her request 150
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for an advisory opinion if the Supreme Court has not yet 151
fulfilled that request. If the Secretary of State subsequently 152
resubmits the initiative petition if the criteria in s. 15.21 (1) 153
are again satisfied and the court has not issued its advisory 154
opinion, the Attorney General must file a new petition seeking 155
such advisory opinion. 156
Section 3. Section 97.022, Florida Statutes, is created to 157
read: 158
97.022 Office of Election Crimes and Security; creation; 159
purpose and duties.— 160
(1) The Office of Election Crimes and Security is created 161
within the Department of State. The purpose of the office is to 162
aid the Secretary of State in completion of his or her duties 163
under s. 97.012(12) and ( 15) by: 164
(a) Receiving and reviewing notices and reports generated 165
by government officials or any other person regarding alleged 166
occurrences of election law violations or election 167
irregularities in this state. 168
(b) Initiating independent inquiries and co nducting 169
preliminary investigations into allegations of election law 170
violations or election irregularities in this state. 171
(2) The office may review complaints and conduct 172
preliminary investigations into alleged violations of the 173
Florida Election Code or any rule adopted pursuant thereto and 174
any election irregularities. 175
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(3) The secretary shall appoint a director of the office. 176
(4) The office shall be based in Tallahassee and shall 177
employ nonsworn investigators to conduct any investigations. The 178
positions and resources necessary for the office to accomplish 179
its duties shall be established through and subject to the 180
legislative appropriations process. 181
(5) The office shall oversee the department's voter fraud 182
hotline. 183
(6) This section does not limit th e jurisdiction of any 184
other office or agency of the state empowered by law to 185
investigate, act upon, or dispose of alleged election law 186
violations. 187
(7) By January 15 of each year, the department shall 188
submit a report to the Governor, the President of the Senate, 189
and the Speaker of the House of Representatives detailing 190
information on investigations of alleged election law violations 191
or election irregularities conducted during the prior calendar 192
year. The report must include the total number of complaints 193
received and independent investigations initiated and the number 194
of complaints referred to another agency for further 195
investigation or prosecution, including the total number of 196
those matters sent to a special officer pursuant to s. 102.091. 197
For each alleged violation or irregularity investigated, the 198
report must include: 199
(a) The source of the alleged violation or irregularity; 200
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(b) The law allegedly violated or the nature of the 201
irregularity reported; 202
(c) The county in which the alleged violation or 203
irregularity occurred; 204
(d) Whether the alleged violation or irregularity was 205
referred to another agency for further investigation or 206
prosecution, and if so, to which agency; and 207
(e) The current status of the investigation or resulting 208
criminal case. 209
Section 4. Section 97.0291, Florida Statutes, is amended 210
to read: 211
97.0291 Prohibition on use of private funds for election -212
related expenses.—No agency or state or local official 213
responsible for conducting elections, including, but not limited 214
to, a supervisor of elections, may solicit, accept, use, or 215
dispose of any donation in the form of money, grants, property, 216
or personal services from an individual or a nongovernmental 217
entity for the purpose of funding any type of election-related 218
expenses related to election administration, including, but not 219
limited to, or voter education, voter outreach, voter or 220
registration programs , or the cost of any litigation related to 221
election administration . This section does not prohibit the 222
donation and acceptance of s pace to be used for a polling room 223
or an early voting site. 224
Section 5. Subsection (13) of section 97.057, Florida 225
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Statutes, is amended to read: 226
97.057 Voter registration by the Department of Highway 227
Safety and Motor Vehicles. — 228
(13) The Department o f Highway Safety and Motor Vehicles 229
must assist the Department of State in regularly identifying 230
changes in residence address on the driver license or 231
identification card of a voter. The Department of State must 232
report each such change to the appropriate s upervisor of 233
elections who must change the voter's registration records in 234
accordance with s. 98.065(5) s. 98.065(4). 235
Section 6. Present subsections (4) through (7) of section 236
97.0575, Florida Statutes, are redesignated as subsections (5) 237
through (8), respectively, a new subsection (4) is added to that 238
section, and paragraph (a) of subsection (3) of that section is 239
amended, to read: 240
97.0575 Third-party voter registrations. — 241
(3)(a) A third-party voter registration organization that 242
collects voter registration applications serves as a fiduciary 243
to the applicant, ensuring that any voter registration 244
application entrusted to the organization, irrespective of party 245
affiliation, race, ethnicity, or gender, must be promptly 246
delivered to the division or the supervisor of elections in the 247
county in which the applicant resides within 14 days after the 248
application was completed by the applicant, but not after 249
registration closes for the next ensuing election. A third -party 250
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voter registration organization must no tify the applicant at the 251
time the application is collected that the organization might 252
not deliver the application to the division or the supervisor of 253
elections in the county in which the applicant resides in less 254
than 14 days or before registration clos es for the next ensuing 255
election and must advise the applicant that he or she may 256
deliver the application in person or by mail. The third -party 257
voter registration organization must also inform the applicant 258
how to register online with the division and how to determine 259
whether the application has been delivered. If a voter 260
registration application collected by any third -party voter 261
registration organization is not promptly delivered to the 262
division or supervisor of elections in the county in which the 263
applicant resides, the third -party voter registration 264
organization is liable for the following fines: 265
1. A fine in the amount of $50 for each application 266
received by the division or the supervisor of elections in the 267
county in which the applicant resides more than 14 days after 268
the applicant delivered the completed voter registration 269
application to the third -party voter registration organization 270
or any person, entity, or agent acting on its behalf. A fine in 271
the amount of $250 for each application received if t he third-272
party voter registration organization or person, entity, or 273
agency acting on its behalf acted willfully. 274
2. A fine in the amount of $100 for each application 275
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collected by a third -party voter registration organization or 276
any person, entity, or ag ent acting on its behalf, before book 277
closing for any given election for federal or state office and 278
received by the division or the supervisor of elections in the 279
county in which the applicant resides after the book -closing 280
deadline for such election. A f ine in the amount of $500 for 281
each application received if the third -party registration 282
organization or person, entity, or agency acting on its behalf 283
acted willfully. 284
3. A fine in the amount of $500 for each application 285
collected by a third -party voter registration organization or 286
any person, entity, or agent acting on its behalf, which is not 287
submitted to the division or supervisor of elections in the 288
county in which the applicant resides. A fine in the amount of 289
$1,000 for any application not submitted if the third-party 290
voter registration organization or person, entity, or agency 291
acting on its behalf acted willfully. 292
293
The aggregate fine pursuant to this paragraph which may be 294
assessed against a third -party voter registration organization, 295
including affiliate organizations, for violations committed in a 296
calendar year is $50,000 $1,000. 297
(4) If a person collecting voter registration applications 298
on behalf of a third -party voter registration organization 299
alters the voter registration application of any other person, 300
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without the other person's knowledge and consent, in violation 301
of s. 104.012(4) and is subsequently convicted of such offense, 302
the applicable third -party voter registration organization is 303
liable for a fine in the amount of $1,000 for each application 304
altered. 305
Section 7. Effective January 1, 2023, present subsections 306
(3) through (6) of section 98.065, Florida Statutes, are 307
redesignated as subsections (4) through (7), respectively, a new 308
subsection (3) is added to that section, and subsection (2) and 309
present subsections (3), (4), and (5) of that section are 310
amended, to read: 311
98.065 Registration list maintenance programs. — 312
(2) A supervisor must incorporate one or more of the 313
following procedures in the supervisor's annual biennial 314
registration list maintenance program under which the supervisor 315
shall: 316
(a) Use change-of-address information supplied by the 317
United States Postal Service through its licensees is used to 318
identify registered voters whose addresses might have changed . 319
Additionally, in odd -numbered years, unless the supervisor is 320
conducting the procedure specified i n paragraph (b), the 321
supervisor must identify change -of-address information from 322
returned nonforwardable return -if-undeliverable address 323
confirmation requests mailed to all registered voters who have 324
not voted in the preceding two general elections and who have 325
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not made a request that their registration records be updated 326
during that time; or 327
(b) Identify change-of-address information is identified 328
from returned nonforwardable return -if-undeliverable mail sent 329
to all registered voters in the county ; or 330
(c) Change-of-address information is identified from 331
returned nonforwardable return -if-undeliverable address 332
confirmation requests mailed to all registered voters who have 333
not voted in the last 2 years and who did not make a written 334
request that their reg istration records be updated during that 335
time. 336
(3) Address confirmation requests sent pursuant to 337
paragraph (2)(a) and mail sent pursuant to paragraph (2)(b) must 338
be addressed to the voter's address of legal residence, not 339
including voters temporarily re siding outside the county and 340
registered in the precinct designated by the supervisor pursuant 341
to s. 101.045(1). If a request is returned as undeliverable, any 342
other notification sent to the voter pursuant to subsection (5) 343
or s. 98.0655 must be addressed to the voter's mailing address 344
on file, if any. 345
(4) A registration list maintenance program must be 346
conducted by each supervisor, at a minimum, once in each odd-347
numbered year and must be completed not later than 90 days 348
before prior to the date of any federal election. All list 349
maintenance actions associated with each voter must be entered, 350
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tracked, and maintained in the statewide voter registration 351
system. 352
(5)(a)(4)(a) If the supervisor receives change -of-address 353
information pursuant to the activities conducted in subsection 354
(2), from jury notices signed by the voter and returned to the 355
courts, from the Department of Highway Safety and Motor 356
Vehicles, or from other sources which indicates that a 357
registered voter's legal residence might have changed to a nother 358
location within the state, the supervisor must change the 359
registration records to reflect the new address and must send 360
the voter an address change notice as provided in s. 98.0655(2). 361
(b) If the supervisor of elections receives change -of-362
address information pursuant to the activities conducted in 363
subsection (2), from jury notices signed by the voter and 364
returned to the courts, or from other sources which indicates 365
that a registered voter's legal residence might have changed to 366
a location outside t he state, the supervisor of elections shall 367
send an address confirmation final notice to the voter as 368
provided in s. 98.0655(3). 369
(c) If an address confirmation request required by 370
paragraph (2)(a) or (b) is returned as undeliverable without 371
indication of an address change, or there is no response from 372
the voter within 30 days, or if any other nonforwardable return -373
if-undeliverable mail is returned as undeliverable with no 374
indication of an address change, the supervisor shall send an 375
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address confirmation f inal notice to all addresses on file for 376
the voter. 377
(d) The supervisor must designate as inactive all voters 378
who have been sent an address confirmation final notice and who 379
have not returned the postage prepaid, preaddressed return form 380
within 30 days or for which the final notice has been returned 381
as undeliverable. Names on the inactive list may not be used to 382
calculate the number of signatures needed on any petition. A 383
voter on the inactive list may be restored to the active list of 384
voters upon the vote r updating his or her registration and 385
confirming his or her current address of legal residence , 386
requesting a vote-by-mail ballot and confirming his or her 387
current address of legal residence , or appearing to vote and 388
confirming his or her current address o f legal residence. 389
However, if the voter does not update his or her voter 390
registration information, request a vote -by-mail ballot, or vote 391
by the second general election after being placed on the 392
inactive list, the voter's name shall be removed from the 393
statewide voter registration system and the voter shall be 394
required to reregister to have his or her name restored to the 395
statewide voter registration system. 396
(6)(5) A notice may not be issued pursuant to this section 397
and a voter's name may not be removed from the statewide voter 398
registration system later than 90 days prior to the date of a 399
federal election. However, this section does not preclude the 400
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correction of registration records based on information 401
submitted by the voter or removal of the name of a voter from 402
the statewide voter registration system at any time upon the 403
voter's written request, by reason of the voter's death, or upon 404
a determination of the voter's ineligibility as provided in s. 405
98.075(7). 406
Section 8. Subsections (1) and (3) of sec tion 98.0655, 407
Florida Statutes, are amended to read: 408
98.0655 Registration list maintenance forms. —The 409
department shall prescribe registration list maintenance forms 410
to be used by the supervisors which must include: 411
(1) An address confirmation request t hat must contain: 412
(a) The voter's name and address of legal residence as 413
shown on the voter registration record; and 414
(b) A request that the voter notify the supervisor if 415
either the voter's name or address of legal residence is 416
incorrect; 417
(c) If the address confirmation request is required by s. 418
98.065(2)(a), a statement that if the voter has not changed his 419
or her legal residence or has changed his or her legal residence 420
within the state, the voter should return the form within 30 421
days after the date on which the notice was sent to the voter; 422
and 423
(d) Information about updating voter information through 424
the online voter registration system . 425
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(3) An address confirmation final notice that must be sent 426
to the newly recorded address of legal residence , or to all 427
addresses on file for the voter if no indication of new address 428
has been received, by forwardable mail and must contain a 429
postage prepaid, preaddressed return form and a statement that: 430
(a) If the voter has not changed his or her legal 431
residence or has changed his or her legal residence within the 432
state, the voter should return the form within 30 days after the 433
date on which the notice was sent to the voter. 434
(b) If the voter has changed his or her legal residence to 435
a location outside the stat e: 436
1. The voter shall return the form, which serves as a 437
request to be removed from the registration books; and 438
2. The voter shall be provided with information on how to 439
register in the new jurisdiction in order to be eligible to 440
vote. 441
(c) If the return form is not returned, the voter's name 442
shall be designated as inactive in the statewide voter 443
registration system, and confirmation of the voter's address of 444
legal residence may be required before the voter is authorized 445
to vote in an election . 446
Section 9. Paragraph (a) of subsection (3) of section 447
98.075, Florida Statutes, is amended to read: 448
98.075 Registration records maintenance activities; 449
ineligibility determinations. — 450
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(3) DECEASED PERSONS. — 451
(a)1. The department shall identify those registered 452
voters who are deceased by comparing information received from 453
either: 454
a. The Department of Health as provided in s. 98.093; or 455
b. The United States Social Security Administration, 456
including, but not limited to, any master death file or index 457
compiled by the United States Social Security Administration ; 458
and 459
c. The Department of Highway Safety and Motor Vehicles . 460
2. Within 7 days after receipt of such information through 461
the statewide voter regist ration system, the supervisor shall 462
remove the name of the registered voter. 463
Section 10. Section 98.093, Florida Statutes, is amended 464
to read: 465
98.093 Duty of officials to furnish information relating 466
to deceased persons, persons adjudicated mentally incapacitated, 467
and persons convicted of a felony , and persons who are not 468
United States citizens .— 469
(1) In order to identify ineligible registered voters and 470
maintain accurate and current voter registration records in the 471
statewide voter registration syst em pursuant to procedures in s. 472
98.065 or s. 98.075, it is necessary for the department and 473
supervisors of elections to receive or access certain 474
information from state and federal officials and entities in the 475
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format prescribed. 476
(2) To the maximum exten t feasible, state and local 477
government agencies shall facilitate provision of information 478
and access to data to the department, including, but not limited 479
to, databases that contain reliable criminal records and records 480
of deceased persons. State and local government agencies that 481
provide such data shall do so without charge if the direct cost 482
incurred by those agencies is not significant. 483
(a) The Department of Health shall furnish monthly to the 484
department a list containing the name, address, date of bir th, 485
date of death, social security number, race, and sex of each 486
deceased person 17 years of age or older. 487
(b) Each clerk of the circuit court shall furnish monthly 488
to the department: 489
1. A list of those persons who have been adjudicated 490
mentally incapacitated with respect to voting during the 491
preceding calendar month, a list of those persons whose mental 492
capacity with respect to voting has been restored during the 493
preceding calendar month, and a list of those persons who have 494
returned signed jury notice s during the preceding months to the 495
clerk of the circuit court indicating a change of address. Each 496
list shall include the name, address, date of birth, race, sex, 497
and, whichever is available, the Florida driver license number, 498
Florida identification card number, or social security number of 499
each such person. 500
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2. Information on the terms of sentence for felony 501
convictions, including any financial obligations for court 502
costs, fees, and fines, of all persons listed in the clerk's 503
records whose last known ad dress in the clerk's records is 504
within this state and who have been convicted of a felony during 505
the preceding month. The information may be provided directly by 506
individual clerks of the circuit court or may be provided on 507
their behalf through the Comprehe nsive Case Information System. 508
For each felony conviction reported, the information must 509
include: 510
a. The full name, last known address, date of birth, race, 511
sex, and, if available, the Florida driver license number, 512
Florida identification card number, an d social security number 513
of the person convicted. 514
b. The amounts of all financial obligations, including 515
restitution and court costs, fees, and fines, and, if known, the 516
amount of financial obligations not yet satisfied. 517
c. The county in which the conv iction occurred. 518
d. The statute number violated, statute table text, date 519
of conviction, and case number. 520
(c) Upon receipt of information from the United States 521
Attorney, listing persons convicted of a felony in federal 522
court, the department shall use such information to identify 523
registered voters or applicants for voter registration who may 524
be potentially ineligible based on information provided in 525
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accordance with s. 98.075. 526
(d) The Department of Law Enforcement shall identify those 527
persons who have been convicted of a felony who appear in the 528
voter registration records supplied by the statewide voter 529
registration system, in a time and manner that enables the 530
department to meet its obligations under state and federal law. 531
(e) The Florida Commission on Offender Review shall 532
furnish at least bimonthly to the department data, including the 533
identity of those persons granted clemency in the preceding 534
month or any updates to prior records which have occurred in the 535
preceding month. The data shall contain t he commission's case 536
number and the person's name, address, date of birth, race, 537
gender, Florida driver license number, Florida identification 538
card number, or the last four digits of the social security 539
number, if available, and references to record identi fiers 540
assigned by the Department of Corrections and the Department of 541
Law Enforcement, a unique identifier of each clemency case, and 542
the effective date of clemency of each person. 543
(f) The Department of Corrections shall identify those 544
persons who have been convicted of a felony and committed to its 545
custody or placed on community supervision. The information must 546
be provided to the department at a time and in a manner that 547
enables the department to identify registered voters who are 548
convicted felons and t o meet its obligations under state and 549
federal law. 550
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(g) The Department of Highway Safety and Motor Vehicles 551
shall furnish monthly to the department : 552
1. A list of those persons whose names have been removed 553
from the driver license database because they have been licensed 554
in another state. The list must shall contain the name, address, 555
date of birth, sex, social security number, and driver license 556
number of each such person. 557
2. A list of those persons who presented evidence of non -558
United States citizenship upon being issued a new or renewed 559
Florida driver license or Florida identification card. The list 560
must contain the name; address; date of birth; social security 561
number, if applicable; and Florida driver license number or 562
Florida identification card number, as applicable, of each such 563
person. 564
(3) This section does not limit or restrict the supervisor 565
in his or her duty to remove the names of persons from the 566
statewide voter registration system pursuant to s. 98.075(7) 567
based upon information re ceived from other sources. 568
Section 11. Paragraph (a) of subsection (2) of section 569
100.041, Florida Statutes, is amended to read: 570
100.041 Officers chosen at general election. — 571
(2)(a) Except as provided in s. 124.011 relating to single 572
member districts after decennial redistricting, each county 573
commissioner from an odd -numbered district shall be elected at 574
the general election in each year the number of which is a 575
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multiple of 4, for a 4 -year term commencing on the second 576
Tuesday following such election, and each county commissioner 577
from an even-numbered district shall be elected at the general 578
election in each even -numbered year the number of which is not a 579
multiple of 4, for a 4 -year term commencing on the second 580
Tuesday following such election . A county commissioner is 581
"elected" for purposes of this paragraph on the date that the 582
county canvassing board certifies the results of the election 583
pursuant to s. 102.151. 584
Section 12. Paragraphs (a) and (c) of subsection (11) and 585
paragraph (a) of subsection (13) of section 100.371, Florida 586
Statutes, are amended to read: 587
100.371 Initiatives; procedure for placement on ballot. — 588
(11)(a) An initiative petition form circulated for 589
signature may not be bundled with or attached to any other 590
petition. Each signature shall be dated when made and shall be 591
valid until the next February 1 occurring in an even -numbered 592
year for the purpose of the amendment appearing on the ballot 593
for the general election occurring in that same year, provided 594
all other requirements of law are met. The sponsor shall submit 595
signed and dated forms to the supervisor of elections for the 596
county of residence listed by the person signing the form for 597
verification of the number of valid signatures obtained. If a 598
signature on a petition is from a registered voter in another 599
county, the supervisor shall notify the petition sponsor of the 600
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misfiled petition. The supervisor shall promptly verify the 601
signatures within 60 days after receipt of the petition forms 602
and payment of a fee for the act ual cost of signature 603
verification incurred by the supervisor. However, for petition 604
forms submitted less than 60 days before February 1 of an even -605
numbered year, the supervisor shall promptly verify the 606
signatures within 30 days after receipt of the form and payment 607
of the fee for signature verification. The supervisor shall 608
promptly record, in the manner prescribed by the Secretary of 609
State, the date each form is received by the supervisor, and the 610
date the signature on the form is verified as valid. The 611
supervisor may verify that the signature on a form is valid only 612
if: 613
1. The form contains the original signature of the 614
purported elector. 615
2. The purported elector has accurately recorded on the 616
form the date on which he or she signed the form. 617
3. The form sets forth the purported elector's name, 618
address, city, county, and voter registration number or date of 619
birth. 620
4. The purported elector is, at the time he or she signs 621
the form and at the time the form is verified, a duly qualified 622
and registered elector in the state. 623
5. The signature was obtained legally, including that if a 624
paid petition circulator was used, the circulator was validly 625
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registered under subsection (3) when the signature was obtained. 626
627
The supervisor shall retain all the signature forms, separating 628
forms verified as valid from those deemed invalid, for at least 629
1 year following the election for in which the petition was 630
circulated issue appeared on the ballot or until the division 631
notifies the supervisors of elections that the com mittee that 632
circulated the petition is no longer seeking to obtain ballot 633
position. 634
(c) On the last day of each month, or on the last day of 635
each week from December 1 of an odd -numbered year through 636
February 1 of the following year, each supervisor shall post on 637
his or her website the total number of signatures submitted, the 638
total number of invalid signatures, the total number of 639
signatures processed, and the aggregate number of verified valid 640
signatures and the distribution of such signatures by 641
congressional district for each proposed amendment proposed by 642
initiative, along with the following information specific to the 643
reporting period: the total number of signed petition forms 644
received, the total number of signatures verified, the 645
distribution of veri fied valid signatures by congressional 646
district, and the total number of verified petition forms 647
forwarded to the Secretary of State. 648
(13)(a) At the same time the Secretary of State submits an 649
initiative petition to the Attorney General pursuant to s. 650
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15.21, the secretary shall submit a copy of the initiative 651
petition to the Financial Impact Estimating Conference. Within 652
75 days after receipt of a proposed revision or amendment to the 653
State Constitution by initiative petition from the Secretary of 654
State, the Financial Impact Estimating Conference shall complete 655
an analysis and financial impact statement to be placed on the 656
ballot of the estimated increase or decrease in any revenues or 657
costs to state or local governments and the overall impact to 658
the state budget resulting from the proposed initiative. The 75 -659
day time limit is tolled when the Legislature is in session. The 660
Financial Impact Estimating Conference shall submit the 661
financial impact statement to the Attorney General and Secretary 662
of State. If the initiative petition has been submitted to the 663
Financial Impact Estimating Conference but the validity of 664
signatures has expired and the initiative petition no longer 665
qualifies for ballot placement at the ensuing general election, 666
the Secretary of State mu st notify the Financial Impact 667
Estimating Conference. The Financial Impact Estimating 668
Conference is not required to complete an analysis and financial 669
impact statement for an initiative petition that fails to meet 670
the requirements of subsection (1) for pla cement on the ballot 671
before the 75-day time limit, including any tolling period, 672
expires. The initiative petition may be resubmitted to the 673
Financial Impact Estimating Conference if the initiative 674
petition meets the requisite criteria for a subsequent gene ral 675
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election cycle. A new Financial Impact Estimating Conference 676
shall be established at such time as the initiative petition 677
again satisfies the criteria in s. 15.21(1). 678
Section 13. Section 101.019, Florida Statutes, is created 679
to read: 680
101.019 Ranked-choice voting prohibited. — 681
(1) A ranked-choice voting method that allows voters to 682
rank candidates for an office in order of preference and have 683
ballots cast be tabulated in multiple rounds following the 684
elimination of a candidate until a single candi date attains a 685
majority may not be used in determining the election or 686
nomination of any candidate to any local, state, or federal 687
elective office in this state. 688
(2) Any existing or future ordinance enacted or adopted by 689
a county, a municipality, or any other local governmental entity 690
which is in conflict with this section is void. 691
Section 14. Paragraphs (b) and (c) of subsection (1) of 692
section 101.043, Florida Statutes, are amended to read: 693
101.043 Identification required at polls. — 694
(1) 695
(b) If the picture identification does not contain the 696
signature of the elector, an additional identification that 697
provides the elector's signature shall be required. The address 698
appearing on the identification presented by the elector may not 699
be used as the basis to confirm an elector's legal residence or 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
otherwise challenge an elector's legal residence. The elector 701
shall sign his or her name in the space provided on the precinct 702
register or on an electronic device provided for recording the 703
elector's signature. T he clerk or inspector shall compare the 704
signature with that on the identification provided by the 705
elector and enter his or her initials in the space provided on 706
the precinct register or on an electronic device provided for 707
that purpose and allow the electo r to vote if the clerk or 708
inspector is satisfied as to the identity of the elector. 709
(c) When an elector presents his or her picture 710
identification to the clerk or inspector and the elector's 711
address on the picture identification matches the elector's 712
address in the supervisor's records, the elector may not be 713
asked to provide additional information or to recite his or her 714
home address. 715
Section 15. Paragraph (a) of subsection (4) and subsection 716
(8) of section 101.5614, Florida Statutes, are amended to read: 717
101.5614 Canvass of returns. — 718
(4)(a) If any vote-by-mail ballot is physically damaged so 719
that it cannot properly be counted by the voting system's 720
automatic tabulating equipment, a true duplicate copy shall be 721
made of the damaged ballot in an open and accessible room in the 722
presence of witnesses and substituted for the damaged ballot. 723
Likewise, a duplicate ballot shall be made of a vote -by-mail 724
ballot containing an overvoted race if there is a clear 725
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indication on the ballot that the voter has made a definite 726
choice in the overvoted rac e or ballot measure. A duplicate 727
shall include all valid votes as determined by the canvassing 728
board based on rules adopted by the division pursuant to s. 729
102.166(4). A duplicate may be made of a ballot containing an 730
undervoted race or ballot measure if th ere is a clear indication 731
on the ballot that the voter has made a definite choice in the 732
undervoted race or ballot measure. A duplicate may not include a 733
vote if the voter's intent in such race or on such measure is 734
not clear. Upon request, a physically pr esent candidate, a 735
political party official, a political committee official, or an 736
authorized designee thereof, must be allowed to observe the 737
duplication of ballots upon signing an affidavit affirming his 738
or her acknowledgment that disclosure of election results 739
discerned from observing the ballot duplication process while 740
the election is ongoing is a felony, as provided under 741
subsection (8). The observer must be allowed to observe the 742
duplication of ballots in such a way that the observer is able 743
to see the markings on each ballot and the duplication taking 744
place. All duplicate ballots must be clearly labeled 745
"duplicate," bear a serial number which shall be recorded on the 746
defective ballot, and be counted in lieu of the defective 747
ballot. The duplication of ballots must happen in the presence 748
of at least one canvassing board member. After a ballot has been 749
duplicated, the defective ballot shall be placed in an envelope 750
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provided for that purpose, and the duplicate ballot shall be 751
tallied with the other ballot s for that precinct. If any 752
observer makes a reasonable objection to a duplicate of a 753
ballot, the ballot must be presented to the canvassing board for 754
a determination of the validity of the duplicate. The canvassing 755
board must document the serial number of the ballot in the 756
canvassing board's minutes. The canvassing board must decide 757
whether the duplication is valid. If the duplicate ballot is 758
determined to be valid, the duplicate ballot must be counted. If 759
the duplicate ballot is determined to be invalid, the duplicate 760
ballot must be rejected and a proper duplicate ballot must be 761
made and counted in lieu of the original. 762
(8) Any supervisor of elections, deputy supervisor of 763
elections, canvassing board member, election board member, or 764
election employee, or other person authorized to observe, 765
review, or inspect ballot materials or observe canvassing who 766
releases any information about votes cast for or against any 767
candidate or ballot measure or any the results of any election 768
before prior to the closing of the polls in that county on 769
election day commits a felony of the third degree, punishable as 770
provided in s. 775.082, s. 775.083, or s. 775.084. 771
Section 16. Subsections (1) and (6) of section 101.6103, 772
Florida Statutes, are amended to read: 773
101.6103 Mail ballot election procedure. — 774
(1) Except as otherwise provided in subsection (7), the 775
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supervisor of elections shall mail all official ballots with a 776
secrecy envelope, a return mailing envelope, and instructions 777
sufficient to describe the voting proces s to each elector 778
entitled to vote in the election within the timeframes specified 779
in s. 101.62(4) not sooner than the 20th day before the election 780
and not later than the 10th day before the date of the election . 781
All such ballots shall be mailed by first -class mail. Ballots 782
shall be addressed to each elector at the address appearing in 783
the registration records and placed in an envelope which is 784
prominently marked "Do Not Forward." 785
(6) The canvassing board may begin the canvassing of mail 786
ballots as provided by s. 101.68(2)(a). The criminal penalty 787
specified in that paragraph for the release of results before 7 788
p.m. on election day is also applicable to canvassing conducted 789
under this act at 7 a.m. on the sixth day before the election, 790
including processing the ballots through the tabulating 791
equipment. However, results may not be released until after 7 792
p.m. on election day. Any canvassing board member or election 793
employee who releases any result before 7 p.m. on election day 794
commits a felony of the third degr ee, punishable as provided in 795
s. 775.082, s. 775.083, or s. 775.084. 796
Section 17. Subsection (1) of section 101.655, Florida 797
Statutes, is amended to read: 798
101.655 Supervised voting by absent electors in certain 799
facilities.— 800
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(1) The supervisor of ele ctions of a county shall provide 801
supervised voting for absent electors residing in any assisted 802
living facility, as defined in s. 429.02, or nursing home 803
facility, as defined in s. 400.021, within that county at the 804
request of any administrator of such a f acility. Such request 805
for supervised voting in the facility shall be made by 806
submitting a written request to the supervisor of elections no 807
later than 28 21 days prior to the election for which that 808
request is submitted. The request shall specify the name and 809
address of the facility and the name of the electors who wish to 810
vote by mail in that election. If the request contains the names 811
of fewer than five voters, the supervisor of elections is not 812
required to provide supervised voting. 813
Section 18. Section 102.091, Florida Statutes, is amended 814
to read: 815
102.091 Duty of sheriff to watch for violations; 816
appointment of special officers. — 817
(1) The sheriff shall exercise strict vigilance in the 818
detection of any violations of the election laws and in 819
apprehending the violators. 820
(2) The Governor, in consultation with the executive 821
director of the Department of Law Enforcement, shall may appoint 822
special officers to investigate alleged violations of the 823
election laws, when it is deemed necessary to see that violators 824
of the election laws are apprehended and punished. A special 825
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officer must be a sworn special agent employed by the Department 826
of Law Enforcement. At least one special officer must be 827
designated in each operational region of the Department of Law 828
Enforcement to serve as a dedicated investigator of alleged 829
violations of the election laws. Appointment as a special 830
officer does not preclude a sworn special agent from conducting 831
other investigations of alleged violations of law, provided that 832
such other investigations do not hinder or interfere with the 833
individual's ability to investigate alleged violations of the 834
election laws. 835
Section 19. Section 102.101, Florida Statutes, is amended 836
to read: 837
102.101 Sheriff and other officers not allowed in pollin g 838
place.—A No sheriff, a deputy sheriff, a police officer, a 839
special officer appointed pursuant to s. 102.091, or any other 840
officer of the law is not shall be allowed within a the polling 841
place without permission from the clerk or a majority of the 842
inspectors, except to cast his or her ballot. Upon the failure 843
of any such officer of said officers to comply with this section 844
provision, the clerk or the inspectors must or any one of them 845
shall make an affidavit against the such officer for his or her 846
arrest. 847
Section 20. Subsection (2) of section 104.0616, Florida 848
Statutes, is amended to read: 849
104.0616 Vote-by-mail ballots and voting; violations. — 850
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(2) Any person who distributes , orders, requests, 851
collects, delivers, or otherwise physically possesses more than 852
two vote-by-mail ballots per election in addition to his or her 853
own ballot or a ballot belonging to an immediate family member, 854
except as provided in ss. 101.6105 -101.694, including supervised 855
voting at assisted living facilities and nursing home facilities 856
as authorized under s. 101.655, commits a felony misdemeanor of 857
the third first degree, punishable as provided in s. 775.082 , or 858
s. 775.083, or s. 775.084. 859
Section 21. Subsection (2) of section 104.185, Florida 860
Statutes, is amended to read: 861
104.185 Petitions; knowingly signing more than once; 862
signing another person's name or a fictitious name. — 863
(2) A person who signs another person's name or a 864
fictitious name to an y petition to secure ballot position for a 865
candidate, a minor political party, or an issue commits a felony 866
misdemeanor of the third first degree, punishable as provided in 867
s. 775.082, or s. 775.083, or s. 775.084. 868
Section 22. Section 104.186, Florida Statutes, is amended 869
to read: 870
104.186 Initiative petitions; violations. —A person who 871
compensates a petition circulator as defined in s. 97.021 based 872
on the number of petition forms gathered commits a felony 873
misdemeanor of the third first degree, punishable as provided in 874
s. 775.082, or s. 775.083, or s. 775.084. This section does not 875
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prohibit employment relationships that do not base payment on 876
the number of signatures collected. 877
Section 23. Subsection (2) of section 124.011, Florida 878
Statutes, is amended to read: 879
124.011 Alternate procedure for the election of county 880
commissioners to provide for single -member representation ; 881
applicability.— 882
(2)(a) All commissioners shall be elected for 4 -year terms 883
which shall be staggered so that, alternately, one more or one 884
less than half of the commissioners elected from residence areas 885
and, if applicable, one of the commissioners elected at large 886
from the entire county are elected every 2 years, except that 887
any commissioner may be elected to an initial term of less than 888
4 years if necessary to achieve or maintain such system of 889
staggered terms. Notwithstanding any law to the contrary, at the 890
general election immediately following redistricting directed by 891
s. 1(e), Art. VIII of the State Constitution, each co mmissioner 892
elected only by electors who reside in the district must be 893
elected and terms thereafter shall be staggered as provided in 894
s. 100.041. 895
(b) The term of a commissioner elected under paragraph (a) 896
commences on the second Tuesday after such electi on. 897
(c) This subsection does not apply to: 898
1. Miami-Dade County. 899
2. Any county the charter of which limits the number of 900
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terms a commissioner may serve. 901
3. Any county in which voters have never approved a 902
charter amendment limiting the number of te rms a commissioner 903
may serve regardless of subsequent judicial nullification. 904
Section 24. Paragraph (a) of subsection (3) of section 905
921.0022, Florida Statutes, is amended to read: 906
921.0022 Criminal Punishment Code; offense severity 907
ranking chart.— 908
(3) OFFENSE SEVERITY RANKING CHART 909
(a) LEVEL 1 910
911
Florida
Statute
Felony
Degree Description
912
24.118(3)(a) 3rd Counterfeit or altered state
lottery ticket.
913
104.0616(2) 3rd Unlawfully distributing,
ordering, requesting,
collecting, delivering, or
possessing vote-by-mail
ballots.
914
212.054(2)(b) 3rd Discretionary sales surtax;
limitations, administration,
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and collection.
915
212.15(2)(b) 3rd Failure to remit sales taxes,
amount $1,000 or more but less
than $20,000.
916
316.1935(1) 3rd Fleeing or attempting to elude
law enforcement officer.
917
319.30(5) 3rd Sell, exchange, give away
certificate of title or
identification number plate.
918
319.35(1)(a) 3rd Tamper, adjust, change, etc.,
an odometer.
919
320.26(1)(a) 3rd Counterfeit, manufacture, or
sell registration license
plates or validation stickers.
920
322.212
(1)(a)-(c)
3rd Possession of forged, stolen,
counterfeit, or unlawfully
issued driver license;
possession of simulated
identification.
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921
322.212(4) 3rd Supply or aid in supplying
unauthorized driver license or
identification card.
922
322.212(5)(a) 3rd False application for driver
license or identification card.
923
414.39(3)(a) 3rd Fraudulent misappropriation of
public assistance funds by
employee/official, value more
than $200.
924
443.071(1) 3rd False statement or
representation to obtain or
increase reemployment
assistance benefits.
925
509.151(1) 3rd Defraud an innkeeper, food or
lodging value $1,000 or more.
926
517.302(1) 3rd Violation of the Florida
Securities and Investor
Protection Act.
927
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713.69 3rd Tenant removes property upon
which lien has accrued, value
$1,000 or more.
928
812.014(3)(c) 3rd Petit theft (3rd conviction);
theft of any property not
specified in subsection (2).
929
815.04(5)(a) 3rd Offense against intellectual
property (i.e., computer
programs, data).
930
817.52(2) 3rd Hiring with intent to defraud,
motor vehicle services.
931
817.569(2) 3rd Use of public record or public
records information or
providing false information to
facilitate commission of a
felony.
932
826.01 3rd Bigamy.
933
828.122(3) 3rd Fighting or baiting animals.
934
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831.04(1) 3rd Any erasure, alteration, etc.,
of any replacement deed, map,
plat, or other document listed
in s. 92.28.
935
831.31(1)(a) 3rd Sell, deliver, or possess
counterfeit controlled
substances, all but s.
893.03(5) drugs.
936
832.041(1) 3rd Stopping payment with intent to
defraud $150 or more.
937
832.05(2)(b) &
(4)(c)
3rd Knowing, making, issuing
worthless checks $150 or more
or obtaining property in return
for worthless check $150 or
more.
938
838.15(2) 3rd Commercial bribe receiving.
939
838.16 3rd Commercial bribery.
940
843.18 3rd Fleeing by boat to elude a law
enforcement officer.
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941
847.011(1)(a) 3rd Sell, distribute, etc.,
obscene, lewd, etc., material
(2nd conviction).
942
849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
or assist therein, conduct or
advertise drawing for prizes,
or dispose of property or money
by means of lottery.
943
849.23 3rd Gambling-related machines;
"common offender" as to
property rights.
944
849.25(2) 3rd Engaging in bookmaking.
945
860.08 3rd Interfere with a railroad
signal.
946
860.13(1)(a) 3rd Operate aircraft while under
the influence.
947
893.13(2)(a)2. 3rd Purchase of cannabis.
948
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893.13(6)(a) 3rd Possession of cannabis (more
than 20 grams).
949
934.03(1)(a) 3rd Intercepts, or procures any
other person to intercept, any
wire or oral communication.
950
Section 25. (1) It is the intent of the Legislature to 951
balance the security of vote -by-mail balloting with voter 952
privacy and election transparency. The Legislature finds that 953
further modifications to procedures governing vote -by-mail 954
balloting would help to further ensure election integrity while 955
also protecting voters from identity theft and preserving the 956
public's right to participate in election processes. To achieve 957
this purpose, the Legislature directs the Department of State to 958
provide a plan to prescribe the use of a Florida driver license 959
number, Florida identification card number, social security 960
number, or any part thereof to confirm the identity of each 961
elector returning a vote-by-mail ballot. 962
(2) The Department of State shall review issues involving 963
the feasibility, development, and implementation of such a plan, 964
including issues related to: 965
(a) In coordination with other agencies such as the 966
Department of Highway Safety and Motor Vehicles, obtaining a 967
Florida driver license number or Florida identification card 968
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number and the last four digits of a social security number for 969
each registered voter who does not have such numbers on file in 970
the Florida Voter Registrat ion System. 971
(b) Populating such numbers in the Florida Voter 972
Registration System. 973
(c) Protecting identifying numbers submitted with a vote -974
by-mail ballot, including, but not limited to, prescribing the 975
form of the return mailing envelope. 976
(d) Any necessary modifications to canvassing procedures 977
for vote-by-mail ballots. 978
(e) Costs associated with development and implementation 979
of the plan. 980
(f) A proposal for a program to educate electors on 981
changes to the vote-by-mail process. 982
(g) A proposal for including a declaration of an elector's 983
current address of legal residence with each written request for 984
a vote-by-mail ballot. 985
(3) In the course of reviewing the required issues, the 986
Department of State must, at a minimum: 987
(a) Review relevant processe s of other states. 988
(b) Review relevant federal law. 989
(c) Seek input from supervisors of elections, which must 990
include representation from supervisors of counties with large, 991
medium, and small populations. 992
(4) By January 1, 2023, the Department of Stat e shall 993
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submit to the President of the Senate and the Speaker of the 994
House of Representatives a report on the plan and draft 995
legislation for any statutory changes needed to implement the 996
plan, including any necessary public records exemptions. 997
Section 26. Except as otherwise expressly provided in this 998
act, this act shall take effect upon becoming a law. 999