Florida Senate - 2022 CS for SB 524 By the Committee on Ethics and Elections; and Senator Hutson 582-02626-22 2022524c1 1 A bill to be entitled 2 An act relating to election administration; creating 3 s. 97.022, F.S.; creating the Office of Election 4 Crimes and Security within the Department of State; 5 specifying duties and the structure of the office; 6 requiring the department to annually report to the 7 Governor and Legislature regarding the offices 8 activities; specifying requirements for such report; 9 amending s. 97.0291, F.S.; clarifying provisions 10 governing the prohibition on the solicitation, 11 acceptance, use, and disposal of private funds for 12 certain election-related expenses; amending s. 97.057, 13 F.S.; conforming a cross-reference; amending s. 14 97.0575, F.S.; revising a limitation on the amount of 15 aggregate fines which may be assessed against a third 16 party voter registration organization in a calendar 17 year; amending s. 98.065, F.S.; revising the frequency 18 by which supervisors of elections must conduct a 19 registration list maintenance program; modifying 20 required components of registration list maintenance 21 programs; amending s. 98.0655, F.S.; revising the 22 types of registration list maintenance forms to be 23 prescribed by the Department of State to conform to 24 changes made by the act; amending s. 98.075, F.S.; 25 authorizing the Department of State to identify 26 deceased registered voters using information received 27 by the Department of Highway Safety and Motor 28 Vehicles; amending s. 98.093, F.S.; requiring clerks 29 of the circuit court and the Department of Highway 30 Safety and Motor Vehicles to furnish additional 31 information to the Department of State on a monthly 32 basis; amending s. 100.371, F.S.; revising duties of 33 the supervisor with respect to the processing and 34 retention of initiative petition forms; requiring the 35 supervisor to post additional information regarding 36 petition forms on his or her website; creating s. 37 101.019, F.S.; prohibiting the use of ranked-choice 38 voting to determine election or nomination to elective 39 office; voiding existing or future local ordinances 40 authorizing the use of ranked-choice voting; amending 41 s. 101.5614, F.S.; requiring specified individuals 42 observing the ballot duplication process to sign a 43 specified affidavit acknowledging certain criminal 44 penalties; prohibiting persons authorized to observe, 45 review, or inspect ballot materials or observe 46 canvassing from releasing certain information about an 47 election before the closing of the polls; providing 48 criminal penalties; amending ss. 101.6103 and 49 101.6104, F.S.; revising certain provisions governing 50 the Mail Ballot Election Act to conform to changes 51 made by the act; amending s. 101.64, F.S.; requiring 52 the voters certificate for vote-by-mail ballots be 53 printed on a separate envelope, instead of the return 54 mailing envelope; revising the voters certificate to 55 include space for the last four digits of the absent 56 electors driver license number, Florida 57 identification card number, or social security number; 58 conforming provisions to changes made by the act; 59 amending s. 101.65, F.S.; revising instructions to 60 absent electors to conform to changes made by the act; 61 amending s. 101.68, F.S.; requiring the supervisor to 62 verify an absent electors partial identification 63 number listed on the voters certificate upon receipt 64 of a vote-by-mail ballot; conforming provisions to 65 changes made by the act; requiring that the voters 66 certificate include an identifying number as a 67 requisite to canvassing; authorizing an elector to 68 cure his or her ballot in the event of a deficiency; 69 amending ss. 101.6921, 101.6923, and 101.6925, F.S.; 70 revising provisions governing special vote-by-mail 71 ballots to certain first-time voters to conform to 72 changes made by the act; amending s. 102.091, F.S.; 73 requiring the Governor, in consultation with the 74 executive director of the Department of Law 75 Enforcement, to appoint special officers to 76 investigate election law violations; specifying 77 requirements for such special officers; providing 78 construction; amending s. 102.101, F.S.; prohibiting a 79 special officer from entering a polling place; 80 providing exceptions; amending s. 104.0616, F.S.; 81 increasing criminal penalties for certain unlawful 82 acts involving vote-by-mail ballots; amending s. 83 104.185, F.S.; increasing criminal penalties for a 84 person who signs another persons name or a fictitious 85 name on specified petitions; amending s. 104.186, 86 F.S.; increasing criminal penalties for a person who 87 unlawfully compensates a petition circulator based on 88 the number of petition forms gathered; amending s. 89 921.0022, F.S.; ranking a specified offense involving 90 vote-by-mail ballots on the severity ranking chart of 91 the Criminal Punishment Code; requiring the Department 92 of State to submit a report to the Legislature by a 93 specified date; providing report requirements; 94 providing effective dates. 95 96 Be It Enacted by the Legislature of the State of Florida: 97 98 Section 1.Section 97.022, Florida Statutes, is created to 99 read: 100 97.022Office of Election Crimes and Security; creation; 101 purpose and duties. 102 (1)The Office of Election Crimes and Security is created 103 within the Department of State. The purpose of the office is to 104 aid the Secretary of State in completion of his or her duties 105 under s. 97.012(12) and (15) by: 106 (a)Receiving and reviewing notices and reports generated 107 by government officials or any other person regarding alleged 108 occurrences of election law violations or election 109 irregularities in this state. 110 (b)Initiating independent inquiries and conducting 111 preliminary investigations into allegations of election law 112 violations or election irregularities in this state. 113 (2)The office may review complaints and conduct 114 preliminary investigations into alleged violations of the 115 Florida Election Code or any rule adopted pursuant thereto and 116 any election irregularities. 117 (3)The secretary shall appoint a director of the office. 118 (4)The office shall be based in Tallahassee and shall 119 employ nonsworn investigators to conduct any investigations. The 120 positions and resources necessary for the office to accomplish 121 its duties shall be established through and subject to the 122 legislative appropriations process. 123 (5)The office shall oversee the departments voter fraud 124 hotline. 125 (6)This section does not limit the jurisdiction of any 126 other office or agency of the state empowered by law to 127 investigate, act upon, or dispose of alleged election law 128 violations. 129 (7)By January 15 of each year, the department shall submit 130 a report to the Governor, the President of the Senate, and the 131 Speaker of the House of Representatives detailing information on 132 investigations of alleged election law violations or election 133 irregularities conducted during the prior calendar year. The 134 report must include the total number of complaints received and 135 independent investigations initiated and the number referred to 136 another agency for further investigation or prosecution, 137 including the total of those sent to a special officer pursuant 138 to s. 102.091. For each alleged violation or irregularity 139 investigated, the report must include: 140 (a)The source of the alleged violation or irregularity; 141 (b)The law allegedly violated or the nature of the 142 irregularity reported; 143 (c)The county in which the alleged violation or 144 irregularity occurred; 145 (d)Whether the alleged violation or irregularity was 146 referred to another agency for further investigation or 147 prosecution, and if so, to which agency; and 148 (e)The current status of the investigation or resulting 149 criminal case. 150 Section 2.Section 97.0291, Florida Statutes, is amended to 151 read: 152 97.0291Prohibition on use of private funds for election 153 related expenses.No agency or state or local official 154 responsible for conducting elections, including, but not limited 155 to, a supervisor of elections, may solicit, accept, use, or 156 dispose of any donation in the form of money, grants, property, 157 or personal services from an individual or a nongovernmental 158 entity for the purpose of funding any type of election-related 159 expenses related to election administration, including, but not 160 limited to or voter education, voter outreach, voter or 161 registration programs, or the cost of any litigation related to 162 election administration. This section does not prohibit the 163 donation and acceptance of space to be used for a polling room 164 or an early voting site. 165 Section 3.Subsection (13) of section 97.057, Florida 166 Statutes, is amended to read: 167 97.057Voter registration by the Department of Highway 168 Safety and Motor Vehicles. 169 (13)The Department of Highway Safety and Motor Vehicles 170 must assist the Department of State in regularly identifying 171 changes in residence address on the driver license or 172 identification card of a voter. The Department of State must 173 report each such change to the appropriate supervisor of 174 elections who must change the voters registration records in 175 accordance with s. 98.065(5) s. 98.065(4). 176 Section 4.Paragraph (a) of subsection (3) of section 177 97.0575, Florida Statutes, is amended to read: 178 97.0575Third-party voter registrations. 179 (3)(a)A third-party voter registration organization that 180 collects voter registration applications serves as a fiduciary 181 to the applicant, ensuring that any voter registration 182 application entrusted to the organization, irrespective of party 183 affiliation, race, ethnicity, or gender, must be promptly 184 delivered to the division or the supervisor of elections in the 185 county in which the applicant resides within 14 days after the 186 application was completed by the applicant, but not after 187 registration closes for the next ensuing election. A third-party 188 voter registration organization must notify the applicant at the 189 time the application is collected that the organization might 190 not deliver the application to the division or the supervisor of 191 elections in the county in which the applicant resides in less 192 than 14 days or before registration closes for the next ensuing 193 election and must advise the applicant that he or she may 194 deliver the application in person or by mail. The third-party 195 voter registration organization must also inform the applicant 196 how to register online with the division and how to determine 197 whether the application has been delivered. If a voter 198 registration application collected by any third-party voter 199 registration organization is not promptly delivered to the 200 division or supervisor of elections in the county in which the 201 applicant resides, the third-party voter registration 202 organization is liable for the following fines: 203 1.A fine in the amount of $50 for each application 204 received by the division or the supervisor of elections in the 205 county in which the applicant resides more than 14 days after 206 the applicant delivered the completed voter registration 207 application to the third-party voter registration organization 208 or any person, entity, or agent acting on its behalf. A fine in 209 the amount of $250 for each application received if the third 210 party voter registration organization or person, entity, or 211 agency acting on its behalf acted willfully. 212 2.A fine in the amount of $100 for each application 213 collected by a third-party voter registration organization or 214 any person, entity, or agent acting on its behalf, before book 215 closing for any given election for federal or state office and 216 received by the division or the supervisor of elections in the 217 county in which the applicant resides after the book-closing 218 deadline for such election. A fine in the amount of $500 for 219 each application received if the third-party registration 220 organization or person, entity, or agency acting on its behalf 221 acted willfully. 222 3.A fine in the amount of $500 for each application 223 collected by a third-party voter registration organization or 224 any person, entity, or agent acting on its behalf, which is not 225 submitted to the division or supervisor of elections in the 226 county in which the applicant resides. A fine in the amount of 227 $1,000 for any application not submitted if the third-party 228 voter registration organization or person, entity, or agency 229 acting on its behalf acted willfully. 230 231 The aggregate fine pursuant to this paragraph which may be 232 assessed against a third-party voter registration organization, 233 including affiliate organizations, for violations committed in a 234 calendar year is $50,000 $1,000. 235 Section 5.Present subsections (5) and (6) of section 236 98.065, Florida Statutes, are redesignated as subsections (6) 237 and (7), respectively, new subsection (3) is added to that 238 section, and subsection (2) and present subsections (3) and (4) 239 of that section are amended, to read: 240 98.065Registration list maintenance programs. 241 (2)A supervisor must incorporate one or more of the 242 following procedures in the supervisors biennial registration 243 list maintenance program under which: 244 (a)At least once each even-numbered year, to begin in the 245 November of a year preceding a presidential election, change-of 246 address information supplied by the United States Postal Service 247 through its licensees is used to identify registered voters 248 whose addresses might have changed; 249 (b)At least once each odd-numbered year, change-of-address 250 information is identified from returned nonforwardable return 251 if-undeliverable address confirmation requests mailed mail sent 252 to all registered voters in the county; or 253 (c)At a supervisors discretion, change-of-address 254 information is identified from returned nonforwardable return 255 if-undeliverable address confirmation requests mailed to all 256 registered voters who have not voted in the last 2 years and who 257 did not make a written request that their registration records 258 be updated during that time; and 259 (d)At least once each odd-numbered year, an identifying 260 number solicitation is sent by nonforwardable return-if 261 undeliverable mail to each voter who does not have a Florida 262 driver license number, a Florida identification card number, or 263 the last four digits of his or her social security number on 264 file with the supervisor. 265 (3)(a)Address confirmation requests sent pursuant to 266 paragraphs (2)(b) and (c) must be addressed to the voters 267 address of legal residence. If a request is returned as 268 undeliverable, any other notification sent to the voter pursuant 269 to subsection (5) or s. 98.0655 must be addressed to the voters 270 mailing address on file, if any, in addition to any residence 271 address on file. 272 (b)An identifying number solicitation sent pursuant to 273 paragraph (2)(d) must be addressed to the voters mailing 274 address. 275 (4)A registration list maintenance program must be 276 conducted by each supervisor, at a minimum, once in each odd 277 numbered year and must be completed not later than 90 days 278 before prior to the date of any federal election. All list 279 maintenance actions associated with each voter must be entered, 280 tracked, and maintained in the statewide voter registration 281 system. 282 (5)(a)(4)(a)If the supervisor receives change-of-address 283 information pursuant to the activities conducted in subsection 284 (2), from jury notices signed by the voter and returned to the 285 courts, from the Department of Highway Safety and Motor 286 Vehicles, or from other sources which indicates that a 287 registered voters legal residence might have changed to another 288 location within the state, the supervisor must change the 289 registration records to reflect the new address and must send 290 the voter an address change notice as provided in s. 98.0655(2). 291 (b)If the supervisor of elections receives change-of 292 address information pursuant to the activities conducted in 293 subsection (2), from jury notices signed by the voter and 294 returned to the courts, or from other sources which indicates 295 that a registered voters legal residence might have changed to 296 a location outside the state, the supervisor of elections shall 297 send an address confirmation final notice to the voter as 298 provided in s. 98.0655(3). 299 (c)If the supervisor of elections receives returned mail 300 addressed to a voter at his or her address of legal residence 301 indicating that the mail was undeliverable but without 302 indication of an address change, the supervisor must send an 303 address confirmation request to the voters mailing address on 304 file. 305 (d)The supervisor must designate as inactive all voters 306 who have been sent an address confirmation final notice and who 307 have not returned the postage prepaid, preaddressed return form 308 within 30 days or for which the final notice has been returned 309 as undeliverable. Names on the inactive list may not be used to 310 calculate the number of signatures needed on any petition. A 311 voter on the inactive list may be restored to the active list of 312 voters upon the voter updating his or her registration, 313 requesting a vote-by-mail ballot, or appearing to vote. However, 314 if the voter does not update his or her voter registration 315 information, request a vote-by-mail ballot, or vote by the 316 second general election after being placed on the inactive list, 317 the voters name shall be removed from the statewide voter 318 registration system and the voter shall be required to 319 reregister to have his or her name restored to the statewide 320 voter registration system. 321 Section 6.Subsection (1) of section 98.0655, Florida 322 Statutes, is amended, and subsection (4) is added to that 323 section, to read: 324 98.0655Registration list maintenance forms.The department 325 shall prescribe registration list maintenance forms to be used 326 by the supervisors which must include: 327 (1)An address confirmation request that must contain: 328 (a)The voters name and address of legal residence as 329 shown on the voter registration record; and 330 (b)A request that the voter notify the supervisor if 331 either the voters name or address of legal residence is 332 incorrect; 333 (c)A voter registration application for the voters use if 334 making a registration change by mail; and 335 (d)Notification that a person who willfully submits any 336 false voter registration information commits a felony of the 337 third degree, as provided by s. 104.011(2). 338 (4)An identifying number solicitation that requests the 339 voter provide his or her Florida driver license number or 340 Florida identification card number and the last four digits of 341 his or her social security number. 342 Section 7.Paragraph (a) of subsection (3) of section 343 98.075, Florida Statutes, is amended to read: 344 98.075Registration records maintenance activities; 345 ineligibility determinations. 346 (3)DECEASED PERSONS. 347 (a)1.The department shall identify those registered voters 348 who are deceased by comparing information received from either: 349 a.The Department of Health as provided in s. 98.093; or 350 b.The United States Social Security Administration, 351 including, but not limited to, any master death file or index 352 compiled by the United States Social Security Administration; or 353 c.The Department of Highway Safety and Motor Vehicles. 354 2.Within 7 days after receipt of such information through 355 the statewide voter registration system, the supervisor shall 356 remove the name of the registered voter. 357 Section 8.Section 98.093, Florida Statutes, is amended to 358 read: 359 98.093Duty of officials to furnish information relating to 360 deceased persons, persons adjudicated mentally incapacitated, 361 and persons convicted of a felony, and persons who are not 362 United States citizens. 363 (1)In order to identify ineligible registered voters and 364 maintain accurate and current voter registration records in the 365 statewide voter registration system pursuant to procedures in s. 366 98.065 or s. 98.075, it is necessary for the department and 367 supervisors of elections to receive or access certain 368 information from state and federal officials and entities in the 369 format prescribed. 370 (2)To the maximum extent feasible, state and local 371 government agencies shall facilitate provision of information 372 and access to data to the department, including, but not limited 373 to, databases that contain reliable criminal records and records 374 of deceased persons. State and local government agencies that 375 provide such data shall do so without charge if the direct cost 376 incurred by those agencies is not significant. 377 (a)The Department of Health shall furnish monthly to the 378 department a list containing the name, address, date of birth, 379 date of death, social security number, race, and sex of each 380 deceased person 17 years of age or older. 381 (b)Each clerk of the circuit court shall furnish monthly 382 to the department: 383 1.A list of those persons who have been adjudicated 384 mentally incapacitated with respect to voting during the 385 preceding calendar month, a list of those persons whose mental 386 capacity with respect to voting has been restored during the 387 preceding calendar month, and a list of those persons who have 388 returned signed jury notices during the preceding months to the 389 clerk of the circuit court indicating a change of address. Each 390 list shall include the name, address, date of birth, race, sex, 391 and, whichever is available, the Florida driver license number, 392 Florida identification card number, or social security number of 393 each such person. 394 2.Information on the terms of sentence, including any 395 financial obligations, of all persons listed in the clerks 396 records who reside within this state and have been convicted of 397 a felony. 398 (c)Upon receipt of information from the United States 399 Attorney, listing persons convicted of a felony in federal 400 court, the department shall use such information to identify 401 registered voters or applicants for voter registration who may 402 be potentially ineligible based on information provided in 403 accordance with s. 98.075. 404 (d)The Department of Law Enforcement shall identify those 405 persons who have been convicted of a felony who appear in the 406 voter registration records supplied by the statewide voter 407 registration system, in a time and manner that enables the 408 department to meet its obligations under state and federal law. 409 (e)The Florida Commission on Offender Review shall furnish 410 at least bimonthly to the department data, including the 411 identity of those persons granted clemency in the preceding 412 month or any updates to prior records which have occurred in the 413 preceding month. The data shall contain the commissions case 414 number and the persons name, address, date of birth, race, 415 gender, Florida driver license number, Florida identification 416 card number, or the last four digits of the social security 417 number, if available, and references to record identifiers 418 assigned by the Department of Corrections and the Department of 419 Law Enforcement, a unique identifier of each clemency case, and 420 the effective date of clemency of each person. 421 (f)The Department of Corrections shall identify those 422 persons who have been convicted of a felony and committed to its 423 custody or placed on community supervision. The information must 424 be provided to the department at a time and in a manner that 425 enables the department to identify registered voters who are 426 convicted felons and to meet its obligations under state and 427 federal law. 428 (g)The Department of Highway Safety and Motor Vehicles 429 shall furnish monthly to the department: 430 1.A list of those persons whose names have been removed 431 from the driver license database because they have been licensed 432 in another state. The list must shall contain the name, address, 433 date of birth, sex, social security number, and driver license 434 number of each such person. 435 2.A list of those persons who presented evidence of non 436 United States citizenship upon being issued a new or renewed 437 Florida driver license or Florida identification card. The list 438 must contain the name; address; date of birth; social security 439 number, if applicable; and Florida driver license number or 440 Florida identification card number, as applicable, of each such 441 person. 442 (3)This section does not limit or restrict the supervisor 443 in his or her duty to remove the names of persons from the 444 statewide voter registration system pursuant to s. 98.075(7) 445 based upon information received from other sources. 446 Section 9.Paragraphs (a) and (c) of subsection (11) of 447 section 100.371, Florida Statutes, are amended to read: 448 100.371Initiatives; procedure for placement on ballot. 449 (11)(a)An initiative petition form circulated for 450 signature may not be bundled with or attached to any other 451 petition. Each signature shall be dated when made and shall be 452 valid until the next February 1 occurring in an even-numbered 453 year for the purpose of the amendment appearing on the ballot 454 for the general election occurring in that same year, provided 455 all other requirements of law are met. The sponsor shall submit 456 signed and dated forms to the supervisor of elections for the 457 county of residence listed by the person signing the form for 458 verification of the number of valid signatures obtained. If a 459 signature on a petition is from a registered voter in another 460 county, the supervisor shall notify the petition sponsor of the 461 misfiled petition. The supervisor shall promptly verify the 462 signatures within 60 days after receipt of the petition forms 463 and payment of a fee for the actual cost of signature 464 verification incurred by the supervisor. However, for petition 465 forms submitted less than 60 days before February 1 of an even 466 numbered year, the supervisor shall promptly verify the 467 signatures within 30 days after receipt of the form and payment 468 of the fee for signature verification. The supervisor shall 469 promptly record, in the manner prescribed by the Secretary of 470 State, the date each form is received by the supervisor, and the 471 date the signature on the form is verified as valid. The 472 supervisor may verify that the signature on a form is valid only 473 if: 474 1.The form contains the original signature of the 475 purported elector. 476 2.The purported elector has accurately recorded on the 477 form the date on which he or she signed the form. 478 3.The form sets forth the purported electors name, 479 address, city, county, and voter registration number or date of 480 birth. 481 4.The purported elector is, at the time he or she signs 482 the form and at the time the form is verified, a duly qualified 483 and registered elector in the state. 484 5.The signature was obtained legally, including that if a 485 paid petition circulator was used, the circulator was validly 486 registered under subsection (3) when the signature was obtained. 487 488 The supervisor shall retain all the signature forms, separating 489 forms verified as valid from those deemed invalid, for at least 490 1 year following the election for in which the petition was 491 circulated. The supervisor shall provide a method of viewing and 492 copying valid and invalid forms issue appeared on the ballot or 493 until the division notifies the supervisors of elections that 494 the committee that circulated the petition is no longer seeking 495 to obtain ballot position. 496 (c)On the last day of each month, or on the last day of 497 each week from December 1 of an odd-numbered year through 498 February 1 of the following year, each supervisor shall post on 499 his or her website the total number of signatures submitted, the 500 total number of invalid signatures, the total number of 501 signatures processed, and the aggregate number of verified valid 502 signatures and the distribution of such signatures by 503 congressional district for each proposed amendment proposed by 504 initiative, along with the following information specific to the 505 reporting period: the total number of signed petition forms 506 received, the total number of signatures verified, the 507 distribution of verified valid signatures by congressional 508 district, and the total number of verified petition forms 509 forwarded to the Secretary of State. 510 Section 10.Section 101.019, Florida Statutes, is created 511 to read: 512 101.019Ranked-choice voting prohibited. 513 (1)A ranked-choice voting method that allows voters to 514 rank candidates for an office in order of preference and have 515 ballots cast be tabulated in multiple rounds following the 516 elimination of a candidate until a single candidate attains a 517 majority may not be used in determining the election or 518 nomination of any candidate to any local, state, or federal 519 elective office in this state. 520 (2)Any existing or future ordinance enacted or adopted by 521 a county, a municipality, or any other local governmental entity 522 which is in conflict with this section is void. 523 Section 11.Paragraph (a) of subsection (4) and subsection 524 (8) of section 101.5614, Florida Statutes, are amended to read: 525 101.5614Canvass of returns. 526 (4)(a)If any vote-by-mail ballot is physically damaged so 527 that it cannot properly be counted by the voting systems 528 automatic tabulating equipment, a true duplicate copy shall be 529 made of the damaged ballot in an open and accessible room in the 530 presence of witnesses and substituted for the damaged ballot. 531 Likewise, a duplicate ballot shall be made of a vote-by-mail 532 ballot containing an overvoted race if there is a clear 533 indication on the ballot that the voter has made a definite 534 choice in the overvoted race or ballot measure. A duplicate 535 shall include all valid votes as determined by the canvassing 536 board based on rules adopted by the division pursuant to s. 537 102.166(4). A duplicate may be made of a ballot containing an 538 undervoted race or ballot measure if there is a clear indication 539 on the ballot that the voter has made a definite choice in the 540 undervoted race or ballot measure. A duplicate may not include a 541 vote if the voters intent in such race or on such measure is 542 not clear. Upon request, a physically present candidate, a 543 political party official, a political committee official, or an 544 authorized designee thereof, must be allowed to observe the 545 duplication of ballots upon signing an affidavit affirming his 546 or her acknowledgment that disclosure of election results 547 discerned from observing the ballot duplication process while 548 the election is ongoing is a felony, as provided under 549 subsection (8). The observer must be allowed to observe the 550 duplication of ballots in such a way that the observer is able 551 to see the markings on each ballot and the duplication taking 552 place. All duplicate ballots must be clearly labeled 553 duplicate, bear a serial number which shall be recorded on the 554 defective ballot, and be counted in lieu of the defective 555 ballot. The duplication of ballots must happen in the presence 556 of at least one canvassing board member. After a ballot has been 557 duplicated, the defective ballot shall be placed in an envelope 558 provided for that purpose, and the duplicate ballot shall be 559 tallied with the other ballots for that precinct. If any 560 observer makes a reasonable objection to a duplicate of a 561 ballot, the ballot must be presented to the canvassing board for 562 a determination of the validity of the duplicate. The canvassing 563 board must document the serial number of the ballot in the 564 canvassing boards minutes. The canvassing board must decide 565 whether the duplication is valid. If the duplicate ballot is 566 determined to be valid, the duplicate ballot must be counted. If 567 the duplicate ballot is determined to be invalid, the duplicate 568 ballot must be rejected and a proper duplicate ballot must be 569 made and counted in lieu of the original. 570 (8)Any supervisor of elections, deputy supervisor of 571 elections, canvassing board member, election board member, or 572 election employee, or other person authorized to observe, 573 review, or inspect ballot materials or observe canvassing who 574 releases any information about votes cast for or against any 575 candidate or ballot measure or any the results of any election 576 before prior to the closing of the polls in that county on 577 election day commits a felony of the third degree, punishable as 578 provided in s. 775.082, s. 775.083, or s. 775.084. 579 Section 12.Effective January 1, 2024, subsections (1), 580 (2), (3), (5), and (7) of section 101.6103, Florida Statutes, 581 are amended to read: 582 101.6103Mail ballot election procedure. 583 (1)Except as otherwise provided in subsection (7), the 584 supervisor of elections shall mail all official ballots with a 585 secrecy envelope, a certificate envelope, a return mailing 586 envelope, and instructions sufficient to describe the voting 587 process to each elector entitled to vote in the election not 588 sooner than the 20th day before the election and not later than 589 the 10th day before the date of the election. All such ballots 590 shall be mailed by first-class mail. Ballots shall be addressed 591 to each elector at the address appearing in the registration 592 records and placed in an envelope which is prominently marked 593 Do Not Forward. 594 (2)Upon receipt of the ballot the elector shall mark the 595 ballot, place it in the secrecy envelope, place the secrecy 596 envelope into the certificate envelope and sign the voters 597 certificate, and then place the certificate envelope into the 598 return mailing envelope supplied with the ballot, and comply 599 with the instructions provided with the ballot. The elector 600 shall mail, deliver, or have delivered the marked ballot so that 601 it reaches the supervisor of elections no later than 7 p.m. on 602 the day of the election. The ballot must be returned in the 603 certificate envelope and then enclosed in the return mailing 604 envelope. 605 (3)The certificate return mailing envelope must bear a 606 certificate in substantially the form prescribed by s. 607 101.64(1)(a) shall contain a statement in substantially the 608 following form: 609 610 VOTERS CERTIFICATE 611 612 I, ...(Print Name)..., do solemnly swear (or affirm) that I 613 am a qualified voter in this election and that I have not and 614 will not vote more than one ballot in this election. 615 I understand that failure to sign this certificate and give 616 my residence address will invalidate my ballot. 617 618 ...(Signature)... 619 ...(Residence Address)... 620 621 (5)A ballot shall be counted only if: 622 (a)It is returned in the certificate envelope and return 623 mailing envelope; 624 (b)The electors signature has been verified as provided 625 in this subsection; and 626 (c)It is received by the supervisor of elections not later 627 than 7 p.m. on the day of the election. 628 629 The supervisor of elections shall open the return mailing 630 envelope and verify the signature and the provided identifying 631 number of each elector on the certificate return mailing 632 envelope with the signature and the number in on the electors 633 registration records. Such verification may commence at any time 634 before prior to the canvass of votes. The supervisor of 635 elections shall safely keep the ballot unopened in his or her 636 office until the county canvassing board canvasses the vote. If 637 the supervisor of elections determines that an elector to whom a 638 replacement ballot has been issued under subsection (4) has 639 voted more than once, the canvassing board shall determine which 640 ballot, if any, is to be counted. 641 (7)With respect to absent electors overseas entitled to 642 vote in the election, the supervisor of elections shall mail an 643 official ballot with a secrecy envelope, a certificate envelope, 644 a return mailing envelope, and instructions sufficient to 645 describe the voting process to each such elector on a date 646 sufficient to allow such elector time to vote in the election 647 and to have his or her marked ballot reach the supervisor by 7 648 p.m. on the day of the election. 649 Section 13.Effective January 1, 2024, section 101.6104, 650 Florida Statutes, is amended to read: 651 101.6104Challenge of votes.If any elector present for the 652 canvass of votes believes that any ballot is illegal due to any 653 defect apparent on the voters certificate, the elector may, at 654 any time before the ballot is removed from the certificate 655 envelope, file with the canvassing board a protest against the 656 canvass of such ballot, specifying the reason he or she believes 657 the ballot to be illegal. No challenge based upon any defect on 658 the voters certificate shall be accepted after the ballot has 659 been removed from the certificate return mailing envelope. 660 Section 14.Effective January 1, 2024, paragraphs (a) and 661 (c) of subsection (1) and subsection (2) of section 101.64, 662 Florida Statutes, are amended to read: 663 101.64Delivery of vote-by-mail ballots; envelopes; form. 664 (1)(a)The supervisor shall enclose with each vote-by-mail 665 ballot three two envelopes: a secrecy envelope, into which the 666 absent elector shall enclose his or her marked ballot; a 667 certificate envelope, into which the absent elector shall place 668 the secrecy envelope; and a mailing envelope, into which the 669 absent elector shall then place the secrecy envelope and the 670 certificate envelope, which shall be addressed to the 671 supervisor. The certificate envelope must and also bear on the 672 back side a certificate in substantially the following form: 673 674 Note: Please Read Instructions Carefully Before 675 Marking Ballot and Completing Voters Certificate. 676 677 VOTERS CERTIFICATE 678 I, ...., do solemnly swear or affirm that I am a qualified 679 and registered voter of .... County, Florida, and that I have 680 not and will not vote more than one ballot in this election. I 681 understand that if I commit or attempt to commit any fraud in 682 connection with voting, vote a fraudulent ballot, or vote more 683 than once in an election, I can be convicted of a felony of the 684 third degree and fined up to $5,000 and/or imprisoned for up to 685 5 years. I also understand that failure to sign this certificate 686 will invalidate my ballot. 687 ...(Date)... ...(Voters Signature)... 688 ...(E-Mail Address)... ...(Home Telephone Number)... 689 ...(Mobile Telephone Number)... 690 691 ...(Last four digits of Florida Driver License (FL DL) or 692 Florida Identification Card (FL ID) number)... 693 694 ...(If no FL DL or FL ID, then provide last four digits 695 of your social security number)... 696 (c)The A mailing envelope, the certificate envelope, or 697 the secrecy envelope may not bear any indication of the 698 political affiliation of an absent elector. 699 (2)The voters certificate shall be arranged on the back 700 of the mailing envelope so that the line for the signature of 701 the absent elector is across the seal of the envelope; however, 702 no statement shall appear on the envelope which indicates that a 703 signature of the voter must cross the seal of the envelope. The 704 absent elector shall execute the certificate on the envelope. 705 Section 15.Effective January 1, 2024, section 101.65, 706 Florida Statutes, is amended to read: 707 101.65Instructions to absent electors.The supervisor 708 shall enclose with each vote-by-mail ballot separate printed 709 instructions in substantially the following form; however, where 710 the instructions appear in capitalized text, the text of the 711 printed instructions must be in bold font: 712 713 READ THESE INSTRUCTIONS CAREFULLY 714 BEFORE MARKING BALLOT. 715 716 1.VERY IMPORTANT. In order to ensure that your vote-by 717 mail ballot will be counted, it should be completed and returned 718 as soon as possible so that it can reach the supervisor of 719 elections of the county in which your precinct is located no 720 later than 7 p.m. on the day of the election. However, if you 721 are an overseas voter casting a ballot in a presidential 722 preference primary or general election, your vote-by-mail ballot 723 must be postmarked or dated no later than the date of the 724 election and received by the supervisor of elections of the 725 county in which you are registered to vote no later than 10 days 726 after the date of the election. Note that the later you return 727 your ballot, the less time you will have to cure any signature 728 deficiencies, which is authorized until 5 p.m. on the 2nd day 729 after the election. 730 2.Mark your ballot in secret as instructed on the ballot. 731 You must mark your own ballot unless you are unable to do so 732 because of blindness, disability, or inability to read or write. 733 3.Mark only the number of candidates or issue choices for 734 a race as indicated on the ballot. If you are allowed to Vote 735 for One candidate and you vote for more than one candidate, 736 your vote in that race will not be counted. 737 4.Place your marked ballot in the enclosed secrecy 738 envelope. 739 5.Insert the secrecy envelope into the enclosed 740 certificate envelope. Seal the envelope and completely fill out 741 the Voters Certificate on the envelope mailing envelope which 742 is addressed to the supervisor. 743 6.Seal the mailing envelope and completely fill out the 744 Voters Certificate on the back of the mailing envelope. 745 7.VERY IMPORTANT. In order for your vote-by-mail ballot to 746 be counted, you must sign your name on the line above (Voters 747 Signature) on the certificate envelope. A vote-by-mail ballot 748 will be considered illegal and not be counted if the signature 749 on the voters certificate does not match the signature on 750 record. The signature on file at the time the supervisor of 751 elections in the county in which your precinct is located 752 receives your vote-by-mail ballot is the signature that will be 753 used to verify your signature on the voters certificate. If you 754 need to update your signature for this election, send your 755 signature update on a voter registration application to your 756 supervisor of elections so that it is received before your vote 757 by-mail ballot is received. 758 7.VERY IMPORTANT. In order for your vote-by-mail ballot to 759 be counted, you must also enter in the space provided on the 760 Voters Certificate the last four digits of your Florida driver 761 license number or the last four digits of your Florida 762 identification card number, or, if you have neither a Florida 763 driver license or a Florida identification card, the last four 764 digits of your social security number. A vote-by-mail ballot 765 will be considered illegal and not be counted if the number 766 provided does not match a number in the supervisors records. 767 8.VERY IMPORTANT. If you are an overseas voter, you must 768 include the date you signed the Voters Certificate on the line 769 above (Date) or your ballot may not be counted. 770 9.Place the certificate envelope into the enclosed mailing 771 envelope addressed to the supervisor and seal the mailing 772 envelope. 773 10.Mail, deliver, or have delivered the completed mailing 774 envelope. Be sure there is sufficient postage if mailed. THE 775 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE 776 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS 777 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX, 778 AVAILABLE AT EACH EARLY VOTING LOCATION. 779 11.10.FELONY NOTICE. It is a felony under Florida law to 780 accept any gift, payment, or gratuity in exchange for your vote 781 for a candidate. It is also a felony under Florida law to vote 782 in an election using a false identity or false address, or under 783 any other circumstances making your ballot false or fraudulent. 784 Section 16.Effective January 1, 2024, subsection (1), 785 paragraph (c) of subsection (2), and paragraph (a) of subsection 786 (4) of section 101.68, Florida Statutes, are amended to read: 787 101.68Canvassing of vote-by-mail ballot. 788 (1)The supervisor of the county where the absent elector 789 resides shall receive the voted ballot. Upon receipt, at which 790 time the supervisor shall open the mailing envelope and then 791 compare the signature and the provided partial driver license 792 number, identification card number, or social security number of 793 the elector on the voters certificate with the signature and 794 the partial identification number of the elector in the 795 registration books or the precinct register to determine whether 796 the elector is duly registered in the county and must record on 797 the electors registration record that the elector has voted. 798 During the verification signature comparison process, the 799 supervisor may not use any knowledge of the political 800 affiliation of the voter whose signature and partial 801 identification number are is subject to verification. An elector 802 who dies after casting a vote-by-mail ballot but on or before 803 election day shall remain listed in the registration books until 804 the results have been certified for the election in which the 805 ballot was cast. The supervisor shall safely keep the ballot 806 unopened in his or her office until the county canvassing board 807 canvasses the vote. Except as provided in subsection (4), after 808 a vote-by-mail ballot is received by the supervisor, the ballot 809 is deemed to have been cast, and changes or additions may not be 810 made to the voters certificate. 811 (2) 812 (c)1.The canvassing board must, if the supervisor has not 813 already done so, compare the signature of the elector on the 814 voters certificate or on the vote-by-mail ballot cure affidavit 815 as provided in subsection (4) with the signature of the elector 816 in the registration books or the precinct register to see that 817 the elector is duly registered in the county and to determine 818 the legality of that vote-by-mail ballot. In addition, if the 819 supervisor has not already done so, the canvassing board must 820 also determine if the elector provided the last four digits of 821 his or her Florida driver license number, the last four digits 822 of his or her Florida identification card number, or the last 823 four digits of his or her social security number in the 824 appropriate space on the voters certificate and that the number 825 provided matches the supervisors records. 826 2.A vote-by-mail ballot may only be counted if the 827 criteria under both sub-subparagraphs a. and b. are met: 828 a.(I)The signature on the voters certificate or the cure 829 affidavit matches the electors signature in the registration 830 books or precinct register; however, in the case of a cure 831 affidavit, the supporting identification listed in subsection 832 (4) must also confirm the identity of the elector; or 833 (II)b.The cure affidavit contains a signature that does 834 not match the electors signature in the registration books or 835 precinct register, but the elector has submitted a current and 836 valid Tier 1 identification pursuant to subsection (4) which 837 confirms the identity of the elector. 838 b.(I)The elector provided the last four digits of his or 839 her Florida driver license number, Florida identification card 840 number, or social security number on the voters certificate 841 which matches the supervisors records; however, in the case of 842 a cure affidavit, the supporting identification listed in 843 subsection (4) must also confirm the identity of the elector; or 844 (II)The cure affidavit does not contain the last four 845 digits of a Florida driver license number, Florida 846 identification card number, or social security number which 847 matches a number in the supervisors records, but the elector 848 has submitted a current and valid Tier 1 identification pursuant 849 to subsection (4) which confirms the identity of the elector. 850 851 For purposes of this subparagraph, any canvassing board finding 852 that an electors signatures do not match must be by majority 853 vote and beyond a reasonable doubt. 854 3.2.The ballot of an elector who casts a vote-by-mail 855 ballot shall be counted even if the elector dies on or before 856 election day, as long as, before the death of the voter, the 857 ballot was postmarked by the United States Postal Service, date 858 stamped with a verifiable tracking number by a common carrier, 859 or already in the possession of the supervisor. 860 4.3.A vote-by-mail ballot is not considered illegal if the 861 signature of the elector does not cross the seal of the 862 certificate mailing envelope. 863 5.4.If any elector or candidate present believes that a 864 vote-by-mail ballot is illegal due to a defect apparent on the 865 voters certificate or the cure affidavit, he or she may, at any 866 time before the ballot is removed from the certificate envelope, 867 file with the canvassing board a protest against the canvass of 868 that ballot, specifying the precinct, the voters certificate or 869 the cure affidavit, and the reason he or she believes the ballot 870 to be illegal. A challenge based upon a defect in the voters 871 certificate or cure affidavit may not be accepted after the 872 ballot has been removed from the certificate mailing envelope. 873 6.5.If the canvassing board determines that a ballot is 874 illegal, a member of the board must, without opening the 875 certificate envelope, mark across the face of the envelope: 876 rejected as illegal. The cure affidavit, if applicable, the 877 envelope, and the ballot therein shall be preserved in the 878 manner that official ballots are preserved. 879 (4)(a)As soon as practicable, the supervisor shall, on 880 behalf of the county canvassing board, attempt to notify an 881 elector who has returned a vote-by-mail ballot that does not 882 include the electors signature or contains a signature that 883 does not match the electors signature in the registration books 884 or precinct register, that does not include the last four digits 885 of the electors Florida driver license number, Florida 886 identification card number, or social security number, or on 887 which the number provided does not match the supervisors 888 records, by: 889 1.Notifying the elector of the signature deficiency by e 890 mail and directing the elector to the cure affidavit and 891 instructions on the supervisors website; 892 2.Notifying the elector of the signature deficiency by 893 text message and directing the elector to the cure affidavit and 894 instructions on the supervisors website; or 895 3.Notifying the elector of the signature deficiency by 896 telephone and directing the elector to the cure affidavit and 897 instructions on the supervisors website. 898 899 In addition to the notification required under subparagraph 1., 900 subparagraph 2., or subparagraph 3., the supervisor must notify 901 the elector of the signature deficiency by first-class mail and 902 direct the elector to the cure affidavit and instructions on the 903 supervisors website. Beginning the day before the election, the 904 supervisor is not required to provide notice of the signature 905 deficiency by first-class mail, but shall continue to provide 906 notice as required under subparagraph 1., subparagraph 2., or 907 subparagraph 3. 908 Section 17.Effective January 1, 2024, subsections (2) and 909 (4) of section 101.6921, Florida Statutes, are amended to read: 910 101.6921Delivery of special vote-by-mail ballot to certain 911 first-time voters. 912 (2)The supervisor shall enclose with each vote-by-mail 913 ballot three envelopes: a secrecy envelope, into which the 914 absent elector will enclose his or her marked ballot; the 915 certificate an envelope containing the Voters Certificate, into 916 which the absent elector shall place the secrecy envelope; and a 917 mailing envelope, which shall be addressed to the supervisor and 918 into which the absent elector will place the certificate 919 envelope containing the Voters Certificate and a copy of the 920 required identification. 921 (4)The certificate shall be arranged on the back of the 922 certificate envelope so that the line for the signature of the 923 absent elector is across the seal of the envelope. 924 Section 18.Effective January 1, 2024, section 101.6923, 925 Florida Statutes, is amended to read: 926 101.6923Special vote-by-mail ballot instructions for 927 certain first-time voters. 928 (1)The provisions of this section apply to voters who are 929 subject to the provisions of s. 97.0535 and who have not 930 provided the identification or information required by s. 931 97.0535 by the time the vote-by-mail ballot is mailed. 932 (2)A voter covered by this section shall be provided with 933 printed instructions with his or her vote-by-mail ballot in 934 substantially the following form: 935 936 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR 937 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE 938 YOUR BALLOT NOT TO COUNT. 939 940 1.In order to ensure that your vote-by-mail ballot will be 941 counted, it should be completed and returned as soon as possible 942 so that it can reach the supervisor of elections of the county 943 in which your precinct is located no later than 7 p.m. on the 944 date of the election. However, if you are an overseas voter 945 casting a ballot in a presidential preference primary or general 946 election, your vote-by-mail ballot must be postmarked or dated 947 no later than the date of the election and received by the 948 supervisor of elections of the county in which you are 949 registered to vote no later than 10 days after the date of the 950 election. 951 2.Mark your ballot in secret as instructed on the ballot. 952 You must mark your own ballot unless you are unable to do so 953 because of blindness, disability, or inability to read or write. 954 3.Mark only the number of candidates or issue choices for 955 a race as indicated on the ballot. If you are allowed to Vote 956 for One candidate and you vote for more than one, your vote in 957 that race will not be counted. 958 4.Place your marked ballot in the enclosed secrecy 959 envelope and seal the envelope. 960 5.Insert the secrecy envelope into the enclosed envelope 961 bearing the Voters Certificate. Seal the certificate envelope 962 and completely fill out the Voters Certificate on the back of 963 the envelope. 964 a.You must sign your name on the line above (Voters 965 Signature). 966 b.If you are an overseas voter, you must include the date 967 you signed the Voters Certificate on the line above (Date) or 968 your ballot may not be counted. 969 c.A vote-by-mail ballot will be considered illegal and 970 will not be counted if the signature on the Voters Certificate 971 does not match the signature on record. The signature on file at 972 the start of the canvass of the vote-by-mail ballots is the 973 signature that will be used to verify your signature on the 974 Voters Certificate. If you need to update your signature for 975 this election, send your signature update on a voter 976 registration application to your supervisor of elections so that 977 it is received before your vote-by-mail ballot is received. 978 6.Unless you meet one of the exemptions in Item 7., you 979 must make a copy of one of the following forms of 980 identification: 981 a.Identification which must include your name and 982 photograph: United States passport; debit or credit card; 983 military identification; student identification; retirement 984 center identification; neighborhood association identification; 985 public assistance identification; veteran health identification 986 card issued by the United States Department of Veterans Affairs; 987 a Florida license to carry a concealed weapon or firearm; or an 988 employee identification card issued by any branch, department, 989 agency, or entity of the Federal Government, the state, a 990 county, or a municipality; or 991 b.Identification which shows your name and current 992 residence address: current utility bill, bank statement, 993 government check, paycheck, or government document (excluding 994 voter information card). 995 7.The identification requirements of Item 6. do not apply 996 if you meet one of the following requirements: 997 a.You are 65 years of age or older. 998 b.You have a temporary or permanent physical disability. 999 c.You are a member of a uniformed service on active duty 1000 who, by reason of such active duty, will be absent from the 1001 county on election day. 1002 d.You are a member of the Merchant Marine who, by reason 1003 of service in the Merchant Marine, will be absent from the 1004 county on election day. 1005 e.You are the spouse or dependent of a member referred to 1006 in paragraph c. or paragraph d. who, by reason of the active 1007 duty or service of the member, will be absent from the county on 1008 election day. 1009 f.You are currently residing outside the United States. 1010 8.Place the certificate envelope bearing the Voters 1011 Certificate into the mailing envelope addressed to the 1012 supervisor. Insert a copy of your identification in the mailing 1013 envelope. DO NOT PUT YOUR IDENTIFICATION INSIDE THE SECRECY 1014 ENVELOPE WITH THE BALLOT OR INSIDE THE CERTIFICATE ENVELOPE 1015 WHICH BEARS THE VOTERS CERTIFICATE OR YOUR BALLOT WILL NOT 1016 COUNT. 1017 9.Mail, deliver, or have delivered the completed mailing 1018 envelope. Be sure there is sufficient postage if mailed. 1019 10.FELONY NOTICE. It is a felony under Florida law to 1020 accept any gift, payment, or gratuity in exchange for your vote 1021 for a candidate. It is also a felony under Florida law to vote 1022 in an election using a false identity or false address, or under 1023 any other circumstances making your ballot false or fraudulent. 1024 Section 19.Effective January 1, 2024, subsection (3) of 1025 section 101.6925, Florida Statutes, is amended to read: 1026 101.6925Canvassing special vote-by-mail ballots. 1027 (3)If the identification is not enclosed in the mailing 1028 envelope and the voter has not indicated that he or she is 1029 exempt from the identification requirements, the supervisor 1030 shall check the voter registration records to determine if the 1031 voters identification was previously received or the voter had 1032 previously notified the supervisor that he or she was exempt. 1033 The certificate envelope with the Voters Certificate shall not 1034 be opened unless the identification has been received or the 1035 voter has indicated that he or she is exempt. The ballot shall 1036 be treated as a provisional ballot until 7 p.m. on election day 1037 and shall not be canvassed unless the supervisor has received 1038 the required identification or written indication of exemption 1039 by 7 p.m. on election day. 1040 Section 20.Section 102.091, Florida Statutes, is amended 1041 to read: 1042 102.091Duty of sheriff to watch for violations; 1043 appointment of special officers. 1044 (1)The sheriff shall exercise strict vigilance in the 1045 detection of any violations of the election laws and in 1046 apprehending the violators. 1047 (2)The Governor, in consultation with the executive 1048 director of the Department of Law Enforcement, shall may appoint 1049 special officers to investigate alleged violations of the 1050 election laws, when it is deemed necessary to see that violators 1051 of the election laws are apprehended and punished. A special 1052 officer must be a sworn special agent employed by the Department 1053 of Law Enforcement. At least one special officer must be 1054 designated in each operational region of the Department of Law 1055 Enforcement to serve as a dedicated investigator of alleged 1056 violations of the election laws. Appointment as a special 1057 officer does not preclude a sworn special agent from conducting 1058 other investigations of alleged violations of law, provided that 1059 such other investigations do not hinder or interfere with the 1060 individuals ability to investigate alleged violations of the 1061 election laws. 1062 Section 21.Section 102.101, Florida Statutes, is amended 1063 to read: 1064 102.101Sheriff and other officers not allowed in polling 1065 place.A No sheriff, a deputy sheriff, a police officer, a 1066 special officer appointed pursuant to s. 102.091, or any other 1067 officer of the law is not shall be allowed within a the polling 1068 place without permission from the clerk or a majority of the 1069 inspectors, except to cast his or her ballot. Upon the failure 1070 of any such officer of said officers to comply with this section 1071 provision, the clerk or the inspectors must or any one of them 1072 shall make an affidavit against the such officer for his or her 1073 arrest. 1074 Section 22.Subsection (2) of section 104.0616, Florida 1075 Statutes, is amended to read: 1076 104.0616Vote-by-mail ballots and voting; violations. 1077 (2)Any person who distributes, orders, requests, collects, 1078 delivers, or otherwise physically possesses more than two vote 1079 by-mail ballots per election in addition to his or her own 1080 ballot or a ballot belonging to an immediate family member, 1081 except as provided in ss. 101.6105-101.694, including supervised 1082 voting at assisted living facilities and nursing home facilities 1083 as authorized under s. 101.655, commits a felony misdemeanor of 1084 the third first degree, punishable as provided in s. 775.082, or 1085 s. 775.083, or s. 775.084. 1086 Section 23.Subsection (2) of section 104.185, Florida 1087 Statutes, is amended to read: 1088 104.185Petitions; knowingly signing more than once; 1089 signing another persons name or a fictitious name. 1090 (2)A person who signs another persons name or a 1091 fictitious name to any petition to secure ballot position for a 1092 candidate, a minor political party, or an issue commits a felony 1093 misdemeanor of the third first degree, punishable as provided in 1094 s. 775.082, or s. 775.083, or s. 775.084. 1095 Section 24.Section 104.186, Florida Statutes, is amended 1096 to read: 1097 104.186Initiative petitions; violations.A person who 1098 compensates a petition circulator as defined in s. 97.021 based 1099 on the number of petition forms gathered commits a felony 1100 misdemeanor of the third first degree, punishable as provided in 1101 s. 775.082, or s. 775.083, or s. 775.084. This section does not 1102 prohibit employment relationships that do not base payment on 1103 the number of signatures collected. 1104 Section 25.Paragraph (a) of subsection (3) of section 1105 921.0022, Florida Statutes, is amended to read: 1106 921.0022Criminal Punishment Code; offense severity ranking 1107 chart. 1108 (3)OFFENSE SEVERITY RANKING CHART 1109 (a)LEVEL 1 1110 1111 FloridaStatute FelonyDegree Description 1112 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 1113 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots. 1114 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 1115 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000. 1116 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 1117 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 1118 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 1119 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 1120 322.212(1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification. 1121 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 1122 322.212(5)(a) 3rd False application for driver license or identification card. 1123 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 1124 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 1125 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more. 1126 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 1127 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more. 1128 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 1129 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data). 1130 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 1131 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 1132 826.01 3rd Bigamy. 1133 828.122(3) 3rd Fighting or baiting animals. 1134 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 1135 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 1136 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 1137 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. 1138 838.15(2) 3rd Commercial bribe receiving. 1139 838.16 3rd Commercial bribery. 1140 843.18 3rd Fleeing by boat to elude a law enforcement officer. 1141 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 1142 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. 1143 849.23 3rd Gambling-related machines; common offender as to property rights. 1144 849.25(2) 3rd Engaging in bookmaking. 1145 860.08 3rd Interfere with a railroad signal. 1146 860.13(1)(a) 3rd Operate aircraft while under the influence. 1147 893.13(2)(a)2. 3rd Purchase of cannabis. 1148 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 1149 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. 1150 1151 1152 1153 Section 26.By January 1, 2023, the Department of State 1154 shall submit to the President of the Senate and the Speaker of 1155 the House of Representatives a report detailing a plan to obtain 1156 a Florida driver license number or Florida identification card 1157 number and the last four digits of a social security number from 1158 each registered voter who does not have any such number on file 1159 in the Florida Voter Registration System. The plan must include, 1160 if needed, details on any funding that may be required for its 1161 implementation. The plan must provide for its completion by 1162 December 31, 2023. 1163 Section 27.Except as otherwise expressly provided in this 1164 act, this act shall take effect upon becoming a law.