Florida Senate - 2022 CS for CS for SB 524 By the Committees on Appropriations; and Ethics and Elections; and Senator Hutson 576-03408-22 2022524c2 1 A bill to be entitled 2 An act relating to election administration; amending 3 s. 15.21, F.S.; requiring the Secretary of State to 4 notify the Attorney General if signatures required for 5 an initiative petition are no longer valid; 6 authorizing the Secretary of State to resubmit the 7 initiative petition to the Attorney General if certain 8 conditions are met; amending s. 16.061, F.S.; 9 requiring the Attorney General to withdraw his or her 10 petition for an advisory opinion by the Supreme Court 11 if notified by the Secretary of State that the 12 initiative petition no longer meets the criteria for 13 review; requiring the Attorney General to file a new 14 petition for an advisory opinion if the initiative 15 petition subsequently qualifies for review; creating 16 s. 97.022, F.S.; creating the Office of Election 17 Crimes and Security within the Department of State; 18 specifying the duties and structure of the office; 19 providing for construction; requiring the department 20 to annually report to the Governor and Legislature 21 regarding the offices activities; specifying 22 requirements for such report; amending s. 97.0291, 23 F.S.; clarifying provisions governing the prohibition 24 on the solicitation, acceptance, use, and disposal of 25 private funds for certain election-related expenses; 26 amending s. 97.057, F.S.; conforming a cross 27 reference; amending s. 97.0575, F.S.; revising a 28 limitation on the amount of aggregate fines which may 29 be assessed against a third-party voter registration 30 organization in a calendar year; specifying that a 31 third-party voter registration organization is liable 32 for a certain fine if a person collecting voter 33 registration applications on its behalf is convicted 34 of unlawfully altering any application; amending s. 35 98.065, F.S.; revising the frequency with which 36 supervisors of elections must conduct a registration 37 list maintenance program; modifying required 38 components of registration list maintenance programs; 39 conforming provisions to changes made by the act; 40 amending s. 98.0655, F.S.; revising requirements for 41 certain registration list maintenance forms to be 42 prescribed by the Department of State; amending s. 43 98.075, F.S.; authorizing the Department of State to 44 identify deceased registered voters using information 45 received by the Department of Highway Safety and Motor 46 Vehicles; amending s. 98.093, F.S.; requiring clerks 47 of the circuit court and the Department of Highway 48 Safety and Motor Vehicles to furnish additional 49 information to the Department of State on a monthly 50 basis; amending s. 100.041, F.S.; providing an 51 exception to certain county commissioner election 52 requirements for certain districts; amending s. 53 100.371, F.S.; revising duties of the supervisor with 54 respect to the processing and retention of initiative 55 petition forms; requiring the supervisor to post 56 additional information regarding petition forms on his 57 or her website; requiring the Secretary of State to 58 notify the Financial Impact Estimating Conference if 59 the signatures for an initiative petition are no 60 longer valid; specifying conditions under which the 61 Financial Impact Estimating Conference does not need 62 to complete an analysis and financial impact statement 63 for an initiative petition; creating s. 101.019, F.S.; 64 prohibiting the use of ranked-choice voting to 65 determine election or nomination to elective office; 66 voiding existing or future local ordinances 67 authorizing the use of ranked-choice voting; amending 68 s. 101.043, F.S.; deleting a provision that prohibits 69 using an address appearing on identification presented 70 by an elector as a basis to confirm an electors legal 71 residence; amending s. 101.5614, F.S.; requiring 72 specified individuals observing the ballot duplication 73 process to sign a specified affidavit acknowledging 74 certain criminal penalties; prohibiting persons 75 authorized to observe, review, or inspect ballot 76 materials or observe canvassing from releasing certain 77 information about an election before the closing of 78 the polls; providing criminal penalties; amending s. 79 101.6103, F.S.; conforming certain provisions 80 governing the Mail Ballot Election Act to provisions 81 applicable to the mailing and canvassing of vote-by 82 mail ballots; amending s. 101.655, F.S.; revising the 83 date on which supervised voting may begin; amending s. 84 102.091, F.S.; requiring the Governor, in consultation 85 with the executive director of the Department of Law 86 Enforcement, to appoint special officers to 87 investigate election law violations; specifying 88 requirements for such special officers; providing 89 construction; amending s. 102.101, F.S.; prohibiting a 90 special officer from entering a polling place; 91 providing exceptions; amending s. 104.0616, F.S.; 92 increasing criminal penalties for certain unlawful 93 acts involving vote-by-mail ballots; amending s. 94 104.185, F.S.; increasing criminal penalties for a 95 person who signs another persons 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. 100 124.011, 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 15.21Initiative petitions; s. 3, Art. XI, State 118 Constitution. 119 (1)The Secretary of State shall immediately submit 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 State 125 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 equal 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 pursuant 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 may 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 added to section 16.061, 144 Florida Statutes, to read: 145 16.061Initiative petitions. 146 (4)If the Attorney General is notified by the Secretary of 147 State pursuant to s. 15.21(2) that an initiative petition no 148 longer qualifies for ballot placement for the ensuing general 149 election, the Attorney General must withdraw his or her request 150 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 97.022Office 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 conducting 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 (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 departments voter fraud 182 hotline. 183 (6)This section does not limit the 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 submit 188 a report to the Governor, the President of the Senate, and the 189 Speaker of the House of Representatives detailing information on 190 investigations of alleged election law violations or election 191 irregularities conducted during the prior calendar year. The 192 report must include the total number of complaints received and 193 independent investigations initiated and the number of 194 complaints referred to another agency for further investigation 195 or prosecution, including the total number of those matters sent 196 to a special officer pursuant to s. 102.091. For each alleged 197 violation or irregularity investigated, the report must include: 198 (a)The source of the alleged violation or irregularity; 199 (b)The law allegedly violated or the nature of the 200 irregularity reported; 201 (c)The county in which the alleged violation or 202 irregularity occurred; 203 (d)Whether the alleged violation or irregularity was 204 referred to another agency for further investigation or 205 prosecution, and if so, to which agency; and 206 (e)The current status of the investigation or resulting 207 criminal case. 208 Section 4.Section 97.0291, Florida Statutes, is amended to 209 read: 210 97.0291Prohibition on use of private funds for election 211 related expenses.No agency or state or local official 212 responsible for conducting elections, including, but not limited 213 to, a supervisor of elections, may solicit, accept, use, or 214 dispose of any donation in the form of money, grants, property, 215 or personal services from an individual or a nongovernmental 216 entity for the purpose of funding any type of election-related 217 expenses related to election administration, including, but not 218 limited to, or voter education, voter outreach, voter or 219 registration programs, or the cost of any litigation related to 220 election administration. This section does not prohibit the 221 donation and acceptance of space to be used for a polling room 222 or an early voting site. 223 Section 5.Subsection (13) of section 97.057, Florida 224 Statutes, is amended to read: 225 97.057Voter registration by the Department of Highway 226 Safety and Motor Vehicles. 227 (13)The Department of Highway Safety and Motor Vehicles 228 must assist the Department of State in regularly identifying 229 changes in residence address on the driver license or 230 identification card of a voter. The Department of State must 231 report each such change to the appropriate supervisor of 232 elections who must change the voters registration records in 233 accordance with s. 98.065(5) s. 98.065(4). 234 Section 6.Present subsections (4) through (7) of section 235 97.0575, Florida Statutes, are redesignated as subsections (5) 236 through (8), respectively, a new subsection (4) is added to that 237 section, and paragraph (a) of subsection (3) of that section is 238 amended, to read: 239 97.0575Third-party voter registrations. 240 (3)(a)A third-party voter registration organization that 241 collects voter registration applications serves as a fiduciary 242 to the applicant, ensuring that any voter registration 243 application entrusted to the organization, irrespective of party 244 affiliation, race, ethnicity, or gender, must be promptly 245 delivered to the division or the supervisor of elections in the 246 county in which the applicant resides within 14 days after the 247 application was completed by the applicant, but not after 248 registration closes for the next ensuing election. A third-party 249 voter registration organization must notify the applicant at the 250 time the application is collected that the organization might 251 not deliver the application to the division or the supervisor of 252 elections in the county in which the applicant resides in less 253 than 14 days or before registration closes for the next ensuing 254 election and must advise the applicant that he or she may 255 deliver the application in person or by mail. The third-party 256 voter registration organization must also inform the applicant 257 how to register online with the division and how to determine 258 whether the application has been delivered. If a voter 259 registration application collected by any third-party voter 260 registration organization is not promptly delivered to the 261 division or supervisor of elections in the county in which the 262 applicant resides, the third-party voter registration 263 organization is liable for the following fines: 264 1.A fine in the amount of $50 for each application 265 received by the division or the supervisor of elections in the 266 county in which the applicant resides more than 14 days after 267 the applicant delivered the completed voter registration 268 application to the third-party voter registration organization 269 or any person, entity, or agent acting on its behalf. A fine in 270 the amount of $250 for each application received if the third 271 party voter registration organization or person, entity, or 272 agency acting on its behalf acted willfully. 273 2.A fine in the amount of $100 for each application 274 collected by a third-party voter registration organization or 275 any person, entity, or agent acting on its behalf, before book 276 closing for any given election for federal or state office and 277 received by the division or the supervisor of elections in the 278 county in which the applicant resides after the book-closing 279 deadline for such election. A fine in the amount of $500 for 280 each application received if the third-party registration 281 organization or person, entity, or agency acting on its behalf 282 acted willfully. 283 3.A fine in the amount of $500 for each application 284 collected by a third-party voter registration organization or 285 any person, entity, or agent acting on its behalf, which is not 286 submitted to the division or supervisor of elections in the 287 county in which the applicant resides. A fine in the amount of 288 $1,000 for any application not submitted if the third-party 289 voter registration organization or person, entity, or agency 290 acting on its behalf acted willfully. 291 292 The aggregate fine pursuant to this paragraph which may be 293 assessed against a third-party voter registration organization, 294 including affiliate organizations, for violations committed in a 295 calendar year is $50,000 $1,000. 296 (4)If a person collecting voter registration applications 297 on behalf of a third-party voter registration organization 298 alters the voter registration application of any other person, 299 without the other persons knowledge and consent, in violation 300 of s. 104.012(4) and is subsequently convicted of such offense, 301 the applicable third-party voter registration organization is 302 liable for a fine in the amount of $1,000 for each application 303 altered. 304 Section 7.Present subsections (3) through (6) of section 305 98.065, Florida Statutes, are redesignated as subsections (4) 306 through (7), respectively, a new subsection (3) is added to that 307 section, and subsection (2) and present subsections (3), (4), 308 and (5) of that section are amended, to read: 309 98.065Registration list maintenance programs. 310 (2)A supervisor must incorporate one or more of the 311 following procedures in the supervisors annual biennial 312 registration list maintenance program under which the supervisor 313 shall: 314 (a)Use change-of-address information supplied by the 315 United States Postal Service through its licensees is used to 316 identify registered voters whose addresses might have changed. 317 Additionally, in odd-numbered years, unless the supervisor is 318 conducting the procedure specified in paragraph (b), the 319 supervisor must identify change-of-address information from 320 returned nonforwardable return-if-undeliverable address 321 confirmation requests mailed to all registered voters who have 322 not voted in the preceding 3 years and who have not made a 323 written request that their registration records be updated 324 during that time; or 325 (b)Identify change-of-address information is identified 326 from returned nonforwardable return-if-undeliverable mail sent 327 to all registered voters in the county; or 328 (c)Change-of-address information is identified from 329 returned nonforwardable return-if-undeliverable address 330 confirmation requests mailed to all registered voters who have 331 not voted in the last 2 years and who did not make a written 332 request that their registration records be updated during that 333 time. 334 (3)Address confirmation requests sent pursuant to 335 paragraph (2)(a) and mail sent pursuant to paragraph (2)(b) must 336 be addressed to the voters address of legal residence, not 337 including voters temporarily residing outside the county and 338 registered in the precinct designated by the supervisor pursuant 339 to s. 101.045(1). If a request is returned as undeliverable, any 340 other notification sent to the voter pursuant to subsection (5) 341 or s. 98.0655 must be addressed to the voters mailing address 342 on file, if any, in addition to any residence address on file. 343 (4)A registration list maintenance program must be 344 conducted by each supervisor, at a minimum, once in each odd 345 numbered year and must be completed not later than 90 days 346 before prior to the date of any federal election. All list 347 maintenance actions associated with each voter must be entered, 348 tracked, and maintained in the statewide voter registration 349 system. 350 (5)(a)(4)(a)If the supervisor receives change-of-address 351 information pursuant to the activities conducted in subsection 352 (2), from jury notices signed by the voter and returned to the 353 courts, from the Department of Highway Safety and Motor 354 Vehicles, or from other sources which indicates that a 355 registered voters legal residence might have changed to another 356 location within the state, the supervisor must change the 357 registration records to reflect the new address and must send 358 the voter an address change notice as provided in s. 98.0655(2). 359 (b)If the supervisor of elections receives change-of 360 address information pursuant to the activities conducted in 361 subsection (2), from jury notices signed by the voter and 362 returned to the courts, or from other sources which indicates 363 that a registered voters legal residence might have changed to 364 a location outside the state, the supervisor of elections shall 365 send an address confirmation final notice to the voter as 366 provided in s. 98.0655(3). 367 (c)If an address confirmation request required by 368 paragraph (2)(a) is returned as undeliverable without indication 369 of an address change, or there is no response from the voter 370 within 30 days, or if any other nonforwardable return-if 371 undeliverable mail is returned as undeliverable with no 372 indication of an address change, the supervisor shall send an 373 address confirmation final notice to all addresses on file for 374 the voter. 375 (d)The supervisor must designate as inactive all voters 376 who have been sent an address confirmation final notice and who 377 have not returned the postage prepaid, preaddressed return form 378 within 30 days or for which the final notice has been returned 379 as undeliverable. Names on the inactive list may not be used to 380 calculate the number of signatures needed on any petition. A 381 voter on the inactive list may be restored to the active list of 382 voters upon the voter updating his or her registration and 383 confirming his or her current legal residence address, 384 requesting a vote-by-mail ballot and confirming his or her 385 current legal residence address, or appearing to vote and 386 confirming his or her current legal residence address. However, 387 if the voter does not update his or her voter registration 388 information, request a vote-by-mail ballot, or vote by the 389 second general election after being placed on the inactive list, 390 the voters name shall be removed from the statewide voter 391 registration system and the voter shall be required to 392 reregister to have his or her name restored to the statewide 393 voter registration system. 394 (6)(5)A notice may not be issued pursuant to this section 395 and a voters name may not be removed from the statewide voter 396 registration system later than 90 days prior to the date of a 397 federal election. However, this section does not preclude the 398 correction of registration records based on information 399 submitted by the voter or removal of the name of a voter from 400 the statewide voter registration system at any time upon the 401 voters written request, by reason of the voters death, or upon 402 a determination of the voters ineligibility as provided in s. 403 98.075(7). 404 Section 8.Subsections (1) and (3) of section 98.0655, 405 Florida Statutes, are amended to read: 406 98.0655Registration list maintenance forms.The department 407 shall prescribe registration list maintenance forms to be used 408 by the supervisors which must include: 409 (1)An address confirmation request that must contain: 410 (a)The voters name and address of legal residence as 411 shown on the voter registration record; and 412 (b)A request that the voter notify the supervisor if 413 either the voters name or address of legal residence is 414 incorrect; 415 (c)If the address confirmation request is required by s. 416 98.065(2)(a), a statement that if the voter has not changed his 417 or her legal residence or has changed his or her legal residence 418 within the state, the voter should return the form within 30 419 days after the date on which the notice was sent to the voter; 420 and 421 (d)Information about updating voter information through 422 the online voter registration system. 423 (3)An address confirmation final notice that must be sent 424 to the newly recorded address of legal residence, or to all 425 addresses on file for the voter if no indication of new address 426 has been received, by forwardable mail and must contain a 427 postage prepaid, preaddressed return form and a statement that: 428 (a)If the voter has not changed his or her legal residence 429 or has changed his or her legal residence within the state, the 430 voter should return the form within 30 days after the date on 431 which the notice was sent to the voter. 432 (b)If the voter has changed his or her legal residence to 433 a location outside the state: 434 1.The voter shall return the form, which serves as a 435 request to be removed from the registration books; and 436 2.The voter shall be provided with information on how to 437 register in the new jurisdiction in order to be eligible to 438 vote. 439 (c)If the return form is not returned, the voters name 440 shall be designated as inactive in the statewide voter 441 registration system, and confirmation of the voters address of 442 legal residence may be required before the voter is authorized 443 to vote in an election. 444 Section 9.Paragraph (a) of subsection (3) of section 445 98.075, Florida Statutes, is amended to read: 446 98.075Registration records maintenance activities; 447 ineligibility determinations. 448 (3)DECEASED PERSONS. 449 (a)1.The department shall identify those registered voters 450 who are deceased by comparing information received from either: 451 a.The Department of Health as provided in s. 98.093; or 452 b.The United States Social Security Administration, 453 including, but not limited to, any master death file or index 454 compiled by the United States Social Security Administration; or 455 c.The Department of Highway Safety and Motor Vehicles. 456 2.Within 7 days after receipt of such information through 457 the statewide voter registration system, the supervisor shall 458 remove the name of the registered voter. 459 Section 10.Section 98.093, Florida Statutes, is amended to 460 read: 461 98.093Duty of officials to furnish information relating to 462 deceased persons, persons adjudicated mentally incapacitated, 463 and persons convicted of a felony, and persons who are not 464 United States citizens. 465 (1)In order to identify ineligible registered voters and 466 maintain accurate and current voter registration records in the 467 statewide voter registration system pursuant to procedures in s. 468 98.065 or s. 98.075, it is necessary for the department and 469 supervisors of elections to receive or access certain 470 information from state and federal officials and entities in the 471 format prescribed. 472 (2)To the maximum extent feasible, state and local 473 government agencies shall facilitate provision of information 474 and access to data to the department, including, but not limited 475 to, databases that contain reliable criminal records and records 476 of deceased persons. State and local government agencies that 477 provide such data shall do so without charge if the direct cost 478 incurred by those agencies is not significant. 479 (a)The Department of Health shall furnish monthly to the 480 department a list containing the name, address, date of birth, 481 date of death, social security number, race, and sex of each 482 deceased person 17 years of age or older. 483 (b)Each clerk of the circuit court shall furnish monthly 484 to the department: 485 1.A list of those persons who have been adjudicated 486 mentally incapacitated with respect to voting during the 487 preceding calendar month, a list of those persons whose mental 488 capacity with respect to voting has been restored during the 489 preceding calendar month, and a list of those persons who have 490 returned signed jury notices during the preceding months to the 491 clerk of the circuit court indicating a change of address. Each 492 list shall include the name, address, date of birth, race, sex, 493 and, whichever is available, the Florida driver license number, 494 Florida identification card number, or social security number of 495 each such person. 496 2.Information on the terms of sentence for felony 497 convictions, including any financial obligations for court 498 costs, fees, and fines, of all persons listed in the clerks 499 records whose last known address in the clerks records is 500 within this state and who have been convicted of a felony during 501 the preceding month. The information may be provided directly by 502 individual clerks of the circuit court or may be provided on 503 their behalf through the Comprehensive Case Information System. 504 For each felony conviction reported, the information must 505 include: 506 a.The full name, last known address, date of birth, race, 507 sex, and, if available, the Florida driver license number, 508 Florida identification card number, and social security number 509 of the person convicted. 510 b.The amounts of all financial obligations, including 511 restitution and court costs, fees, and fines, and, if known, the 512 amount of financial obligations not yet satisfied. 513 c.The county in which the conviction occurred. 514 d.The statute number violated, statute table text, date of 515 conviction, and case number. 516 (c)Upon receipt of information from the United States 517 Attorney, listing persons convicted of a felony in federal 518 court, the department shall use such information to identify 519 registered voters or applicants for voter registration who may 520 be potentially ineligible based on information provided in 521 accordance with s. 98.075. 522 (d)The Department of Law Enforcement shall identify those 523 persons who have been convicted of a felony who appear in the 524 voter registration records supplied by the statewide voter 525 registration system, in a time and manner that enables the 526 department to meet its obligations under state and federal law. 527 (e)The Florida Commission on Offender Review shall furnish 528 at least bimonthly to the department data, including the 529 identity of those persons granted clemency in the preceding 530 month or any updates to prior records which have occurred in the 531 preceding month. The data shall contain the commissions case 532 number and the persons name, address, date of birth, race, 533 gender, Florida driver license number, Florida identification 534 card number, or the last four digits of the social security 535 number, if available, and references to record identifiers 536 assigned by the Department of Corrections and the Department of 537 Law Enforcement, a unique identifier of each clemency case, and 538 the effective date of clemency of each person. 539 (f)The Department of Corrections shall identify those 540 persons who have been convicted of a felony and committed to its 541 custody or placed on community supervision. The information must 542 be provided to the department at a time and in a manner that 543 enables the department to identify registered voters who are 544 convicted felons and to meet its obligations under state and 545 federal law. 546 (g)The Department of Highway Safety and Motor Vehicles 547 shall furnish monthly to the department: 548 1.A list of those persons whose names have been removed 549 from the driver license database because they have been licensed 550 in another state. The list must shall contain the name, address, 551 date of birth, sex, social security number, and driver license 552 number of each such person. 553 2.A list of those persons who presented evidence of non 554 United States citizenship upon being issued a new or renewed 555 Florida driver license or Florida identification card. The list 556 must contain the name; address; date of birth; social security 557 number, if applicable; and Florida driver license number or 558 Florida identification card number, as applicable, of each such 559 person. 560 (3)This section does not limit or restrict the supervisor 561 in his or her duty to remove the names of persons from the 562 statewide voter registration system pursuant to s. 98.075(7) 563 based upon information received from other sources. 564 Section 11.Paragraph (a) of subsection (2) of section 565 100.041, Florida Statutes, is amended to read: 566 100.041Officers chosen at general election. 567 (2)(a)Except as provided in s. 124.011 relating to single 568 member districts after decennial redistricting, each county 569 commissioner from an odd-numbered district shall be elected at 570 the general election in each year the number of which is a 571 multiple of 4, for a 4-year term commencing on the second 572 Tuesday following such election, and each county commissioner 573 from an even-numbered district shall be elected at the general 574 election in each even-numbered year the number of which is not a 575 multiple of 4, for a 4-year term commencing on the second 576 Tuesday following such election. A county commissioner is 577 elected for purposes of this paragraph on the date that the 578 county canvassing board certifies the results of the election 579 pursuant to s. 102.151. 580 Section 12.Paragraphs (a) and (c) of subsection (11) and 581 paragraph (a) of subsection (13) of section 100.371, Florida 582 Statutes, are amended to read: 583 100.371Initiatives; procedure for placement on ballot. 584 (11)(a)An initiative petition form circulated for 585 signature may not be bundled with or attached to any other 586 petition. Each signature shall be dated when made and shall be 587 valid until the next February 1 occurring in an even-numbered 588 year for the purpose of the amendment appearing on the ballot 589 for the general election occurring in that same year, provided 590 all other requirements of law are met. The sponsor shall submit 591 signed and dated forms to the supervisor of elections for the 592 county of residence listed by the person signing the form for 593 verification of the number of valid signatures obtained. If a 594 signature on a petition is from a registered voter in another 595 county, the supervisor shall notify the petition sponsor of the 596 misfiled petition. The supervisor shall promptly verify the 597 signatures within 60 days after receipt of the petition forms 598 and payment of a fee for the actual cost of signature 599 verification incurred by the supervisor. However, for petition 600 forms submitted less than 60 days before February 1 of an even 601 numbered year, the supervisor shall promptly verify the 602 signatures within 30 days after receipt of the form and payment 603 of the fee for signature verification. The supervisor shall 604 promptly record, in the manner prescribed by the Secretary of 605 State, the date each form is received by the supervisor, and the 606 date the signature on the form is verified as valid. The 607 supervisor may verify that the signature on a form is valid only 608 if: 609 1.The form contains the original signature of the 610 purported elector. 611 2.The purported elector has accurately recorded on the 612 form the date on which he or she signed the form. 613 3.The form sets forth the purported electors name, 614 address, city, county, and voter registration number or date of 615 birth. 616 4.The purported elector is, at the time he or she signs 617 the form and at the time the form is verified, a duly qualified 618 and registered elector in the state. 619 5.The signature was obtained legally, including that if a 620 paid petition circulator was used, the circulator was validly 621 registered under subsection (3) when the signature was obtained. 622 623 The supervisor shall retain all the signature forms, separating 624 forms verified as valid from those deemed invalid, for at least 625 1 year following the election for in which the petition was 626 circulated issue appeared on the ballot or until the division 627 notifies the supervisors of elections that the committee that 628 circulated the petition is no longer seeking to obtain ballot 629 position. 630 (c)On the last day of each month, or on the last day of 631 each week from December 1 of an odd-numbered year through 632 February 1 of the following year, each supervisor shall post on 633 his or her website the total number of signatures submitted, the 634 total number of invalid signatures, the total number of 635 signatures processed, and the aggregate number of verified valid 636 signatures and the distribution of such signatures by 637 congressional district for each proposed amendment proposed by 638 initiative, along with the following information specific to the 639 reporting period: the total number of signed petition forms 640 received, the total number of signatures verified, the 641 distribution of verified valid signatures by congressional 642 district, and the total number of verified petition forms 643 forwarded to the Secretary of State. 644 (13)(a) At the same time the Secretary of State submits an 645 initiative petition to the Attorney General pursuant to s. 646 15.21, the secretary shall submit a copy of the initiative 647 petition to the Financial Impact Estimating Conference. Within 648 75 days after receipt of a proposed revision or amendment to the 649 State Constitution by initiative petition from the Secretary of 650 State, the Financial Impact Estimating Conference shall complete 651 an analysis and financial impact statement to be placed on the 652 ballot of the estimated increase or decrease in any revenues or 653 costs to state or local governments and the overall impact to 654 the state budget resulting from the proposed initiative. The 75 655 day time limit is tolled when the Legislature is in session. The 656 Financial Impact Estimating Conference shall submit the 657 financial impact statement to the Attorney General and Secretary 658 of State. If the initiative petition has been submitted to the 659 Financial Impact Estimating Conference but the validity of 660 signatures has expired and the initiative petition no longer 661 qualifies for ballot placement at the ensuing general election, 662 the Secretary of State must notify the Financial Impact 663 Estimating Conference. The Financial Impact Estimating 664 Conference is not required to complete an analysis and financial 665 impact statement for an initiative petition that fails to meet 666 the requirements of subsection (1) for placement on the ballot 667 before the 75-day time limit, including any tolling period, 668 expires. The initiative petition may be resubmitted to the 669 Financial Impact Estimating Conference if the initiative 670 petition meets the requisite criteria for a subsequent general 671 election cycle. A new Financial Impact Estimating Conference 672 shall be established at such time as the initiative petition 673 again satisfies the criteria in s. 15.21(1). 674 Section 13.Section 101.019, Florida Statutes, is created 675 to read: 676 101.019Ranked-choice voting prohibited. 677 (1)A ranked-choice voting method that allows voters to 678 rank candidates for an office in order of preference and have 679 ballots cast be tabulated in multiple rounds following the 680 elimination of a candidate until a single candidate attains a 681 majority may not be used in determining the election or 682 nomination of any candidate to any local, state, or federal 683 elective office in this state. 684 (2)Any existing or future ordinance enacted or adopted by 685 a county, a municipality, or any other local governmental entity 686 which is in conflict with this section is void. 687 Section 14.Paragraph (b) of subsection (1) of section 688 101.043, Florida Statutes, is amended to read: 689 101.043Identification required at polls. 690 (1) 691 (b)If the picture identification does not contain the 692 signature of the elector, an additional identification that 693 provides the electors signature shall be required. The address 694 appearing on the identification presented by the elector may not 695 be used as the basis to confirm an electors legal residence or 696 otherwise challenge an electors legal residence. The elector 697 shall sign his or her name in the space provided on the precinct 698 register or on an electronic device provided for recording the 699 electors signature. The clerk or inspector shall compare the 700 signature with that on the identification provided by the 701 elector and enter his or her initials in the space provided on 702 the precinct register or on an electronic device provided for 703 that purpose and allow the elector to vote if the clerk or 704 inspector is satisfied as to the identity of the elector. 705 Section 15.Paragraph (a) of subsection (4) and subsection 706 (8) of section 101.5614, Florida Statutes, are amended to read: 707 101.5614Canvass of returns. 708 (4)(a)If any vote-by-mail ballot is physically damaged so 709 that it cannot properly be counted by the voting systems 710 automatic tabulating equipment, a true duplicate copy shall be 711 made of the damaged ballot in an open and accessible room in the 712 presence of witnesses and substituted for the damaged ballot. 713 Likewise, a duplicate ballot shall be made of a vote-by-mail 714 ballot containing an overvoted race if there is a clear 715 indication on the ballot that the voter has made a definite 716 choice in the overvoted race or ballot measure. A duplicate 717 shall include all valid votes as determined by the canvassing 718 board based on rules adopted by the division pursuant to s. 719 102.166(4). A duplicate may be made of a ballot containing an 720 undervoted race or ballot measure if there is a clear indication 721 on the ballot that the voter has made a definite choice in the 722 undervoted race or ballot measure. A duplicate may not include a 723 vote if the voters intent in such race or on such measure is 724 not clear. Upon request, a physically present candidate, a 725 political party official, a political committee official, or an 726 authorized designee thereof, must be allowed to observe the 727 duplication of ballots upon signing an affidavit affirming his 728 or her acknowledgment that disclosure of election results 729 discerned from observing the ballot duplication process while 730 the election is ongoing is a felony, as provided under 731 subsection (8). The observer must be allowed to observe the 732 duplication of ballots in such a way that the observer is able 733 to see the markings on each ballot and the duplication taking 734 place. All duplicate ballots must be clearly labeled 735 duplicate, bear a serial number which shall be recorded on the 736 defective ballot, and be counted in lieu of the defective 737 ballot. The duplication of ballots must happen in the presence 738 of at least one canvassing board member. After a ballot has been 739 duplicated, the defective ballot shall be placed in an envelope 740 provided for that purpose, and the duplicate ballot shall be 741 tallied with the other ballots for that precinct. If any 742 observer makes a reasonable objection to a duplicate of a 743 ballot, the ballot must be presented to the canvassing board for 744 a determination of the validity of the duplicate. The canvassing 745 board must document the serial number of the ballot in the 746 canvassing boards minutes. The canvassing board must decide 747 whether the duplication is valid. If the duplicate ballot is 748 determined to be valid, the duplicate ballot must be counted. If 749 the duplicate ballot is determined to be invalid, the duplicate 750 ballot must be rejected and a proper duplicate ballot must be 751 made and counted in lieu of the original. 752 (8)Any supervisor of elections, deputy supervisor of 753 elections, canvassing board member, election board member, or 754 election employee, or other person authorized to observe, 755 review, or inspect ballot materials or observe canvassing who 756 releases any information about votes cast for or against any 757 candidate or ballot measure or any the results of any election 758 before prior to the closing of the polls in that county on 759 election day commits a felony of the third degree, punishable as 760 provided in s. 775.082, s. 775.083, or s. 775.084. 761 Section 16.Effective January 1, 2024, subsections (1) and 762 (6) of section 101.6103, Florida Statutes, are amended to read: 763 101.6103Mail ballot election procedure. 764 (1)Except as otherwise provided in subsection (7), the 765 supervisor of elections shall mail all official ballots with a 766 secrecy envelope, a return mailing envelope, and instructions 767 sufficient to describe the voting process to each elector 768 entitled to vote in the election within the timeframes specified 769 in s. 101.62(4) not sooner than the 20th day before the election 770 and not later than the 10th day before the date of the election. 771 All such ballots shall be mailed by first-class mail. Ballots 772 shall be addressed to each elector at the address appearing in 773 the registration records and placed in an envelope which is 774 prominently marked Do Not Forward. 775 (6)The canvassing board may begin the canvassing of mail 776 ballots as provided by s. 101.68(2)(a). The criminal penalty 777 specified in that paragraph for the release of results before 7 778 p.m. on election day is also applicable to canvassing conducted 779 under this act at 7 a.m. on the sixth day before the election, 780 including processing the ballots through the tabulating 781 equipment. However, results may not be released until after 7 782 p.m. on election day. Any canvassing board member or election 783 employee who releases any result before 7 p.m. on election day 784 commits a felony of the third degree, punishable as provided in 785 s. 775.082, s. 775.083, or s. 775.084. 786 Section 17.Subsection (1) of section 101.655, Florida 787 Statutes, is amended to read: 788 101.655Supervised voting by absent electors in certain 789 facilities. 790 (1)The supervisor of elections of a county shall provide 791 supervised voting for absent electors residing in any assisted 792 living facility, as defined in s. 429.02, or nursing home 793 facility, as defined in s. 400.021, within that county at the 794 request of any administrator of such a facility. Such request 795 for supervised voting in the facility shall be made by 796 submitting a written request to the supervisor of elections no 797 later than 28 21 days prior to the election for which that 798 request is submitted. The request shall specify the name and 799 address of the facility and the name of the electors who wish to 800 vote by mail in that election. If the request contains the names 801 of fewer than five voters, the supervisor of elections is not 802 required to provide supervised voting. 803 Section 18.Section 102.091, Florida Statutes, is amended 804 to read: 805 102.091Duty of sheriff to watch for violations; 806 appointment of special officers. 807 (1)The sheriff shall exercise strict vigilance in the 808 detection of any violations of the election laws and in 809 apprehending the violators. 810 (2)The Governor, in consultation with the executive 811 director of the Department of Law Enforcement, shall may appoint 812 special officers to investigate alleged violations of the 813 election laws, when it is deemed necessary to see that violators 814 of the election laws are apprehended and punished. A special 815 officer must be a sworn special agent employed by the Department 816 of Law Enforcement. At least one special officer must be 817 designated in each operational region of the Department of Law 818 Enforcement to serve as a dedicated investigator of alleged 819 violations of the election laws. Appointment as a special 820 officer does not preclude a sworn special agent from conducting 821 other investigations of alleged violations of law, provided that 822 such other investigations do not hinder or interfere with the 823 individuals ability to investigate alleged violations of the 824 election laws. 825 Section 19.Section 102.101, Florida Statutes, is amended 826 to read: 827 102.101Sheriff and other officers not allowed in polling 828 place.A No sheriff, a deputy sheriff, a police officer, a 829 special officer appointed pursuant to s. 102.091, or any other 830 officer of the law is not shall be allowed within a the polling 831 place without permission from the clerk or a majority of the 832 inspectors, except to cast his or her ballot. Upon the failure 833 of any such officer of said officers to comply with this section 834 provision, the clerk or the inspectors must or any one of them 835 shall make an affidavit against the such officer for his or her 836 arrest. 837 Section 20.Subsection (2) of section 104.0616, Florida 838 Statutes, is amended to read: 839 104.0616Vote-by-mail ballots and voting; violations. 840 (2)Any person who distributes, orders, requests, collects, 841 delivers, or otherwise physically possesses more than two vote 842 by-mail ballots per election in addition to his or her own 843 ballot or a ballot belonging to an immediate family member, 844 except as provided in ss. 101.6105-101.694, including supervised 845 voting at assisted living facilities and nursing home facilities 846 as authorized under s. 101.655, commits a felony misdemeanor of 847 the third first degree, punishable as provided in s. 775.082, or 848 s. 775.083, or s. 775.084. 849 Section 21.Subsection (2) of section 104.185, Florida 850 Statutes, is amended to read: 851 104.185Petitions; knowingly signing more than once; 852 signing another persons name or a fictitious name. 853 (2)A person who signs another persons name or a 854 fictitious name to any petition to secure ballot position for a 855 candidate, a minor political party, or an issue commits a felony 856 misdemeanor of the third first degree, punishable as provided in 857 s. 775.082, or s. 775.083, or s. 775.084. 858 Section 22.Section 104.186, Florida Statutes, is amended 859 to read: 860 104.186Initiative petitions; violations.A person who 861 compensates a petition circulator as defined in s. 97.021 based 862 on the number of petition forms gathered commits a felony 863 misdemeanor of the third first degree, punishable as provided in 864 s. 775.082, or s. 775.083, or s. 775.084. This section does not 865 prohibit employment relationships that do not base payment on 866 the number of signatures collected. 867 Section 23.Subsection (2) of section 124.011, Florida 868 Statutes, is amended to read: 869 124.011Alternate procedure for the election of county 870 commissioners to provide for single-member representation; 871 applicability. 872 (2)(a)All commissioners shall be elected for 4-year terms 873 which shall be staggered so that, alternately, one more or one 874 less than half of the commissioners elected from residence areas 875 and, if applicable, one of the commissioners elected at large 876 from the entire county are elected every 2 years, except that 877 any commissioner may be elected to an initial term of less than 878 4 years if necessary to achieve or maintain such system of 879 staggered terms. Notwithstanding any law to the contrary, at the 880 general election immediately following redistricting directed by 881 s. 1(e), Art. VIII of the State Constitution, each commissioner 882 elected only by electors who reside in the district must be 883 elected and terms thereafter shall be staggered as provided in 884 s. 100.041. 885 (b)The term of a commissioner elected under paragraph (a) 886 commences on the second Tuesday after such election. 887 (c)This subsection does not apply to: 888 1.Miami-Dade County. 889 2.Any county the charter of which limits the number of 890 terms a commissioner may serve. 891 3.Any county in which voters have never approved a charter 892 amendment limiting the number of terms a commissioner may serve 893 regardless of subsequent judicial nullification. 894 Section 24.Paragraph (a) of subsection (3) of section 895 921.0022, Florida Statutes, is amended to read: 896 921.0022Criminal Punishment Code; offense severity ranking 897 chart. 898 (3)OFFENSE SEVERITY RANKING CHART 899 (a)LEVEL 1 900 901 FloridaStatute FelonyDegree Description 902 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 903 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots. 904 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 905 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000. 906 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 907 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 908 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 909 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 910 322.212(1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification. 911 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 912 322.212(5)(a) 3rd False application for driver license or identification card. 913 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 914 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 915 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more. 916 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 917 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more. 918 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 919 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data). 920 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 921 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 922 826.01 3rd Bigamy. 923 828.122(3) 3rd Fighting or baiting animals. 924 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 925 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 926 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 927 832.05(2)(b) &(4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. 928 838.15(2) 3rd Commercial bribe receiving. 929 838.16 3rd Commercial bribery. 930 843.18 3rd Fleeing by boat to elude a law enforcement officer. 931 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 932 849.09(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. 933 849.23 3rd Gambling-related machines; common offender as to property rights. 934 849.25(2) 3rd Engaging in bookmaking. 935 860.08 3rd Interfere with a railroad signal. 936 860.13(1)(a) 3rd Operate aircraft while under the influence. 937 893.13(2)(a)2. 3rd Purchase of cannabis. 938 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 939 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. 940 941 942 Section 25.(1)It is the intent of the Legislature to 943 balance the security of vote-by-mail balloting with voter 944 privacy and election transparency. The Legislature finds that 945 further modifications to procedures governing vote-by-mail 946 balloting would help to further ensure election integrity while 947 also protecting voters from identity theft and preserving the 948 publics right to participate in election processes. To achieve 949 this purpose, the Legislature directs the Department of State to 950 provide a plan to prescribe the use of a Florida driver license 951 number, Florida identification card number, social security 952 number, or any part thereof to confirm the identity of each 953 elector returning a vote-by-mail ballot. 954 (2)The Department of State shall review issues involving 955 the feasibility, development, and implementation of such a plan, 956 including issues related to: 957 (a)In coordination with other agencies such as the 958 Department of Highway Safety and Motor Vehicles, obtaining a 959 Florida driver license number or Florida identification card 960 number and the last four digits of a social security number for 961 each registered voter who does not have such numbers on file in 962 the Florida Voter Registration System. 963 (b)Populating such numbers in the Florida Voter 964 Registration System. 965 (c)Protecting identifying numbers submitted with a vote 966 by-mail ballot, including, but not limited to, prescribing the 967 form of the return mailing envelope. 968 (d)Any necessary modifications to canvassing procedures 969 for vote-by-mail ballots. 970 (e)Costs associated with development and implementation of 971 the plan. 972 (f)A proposal for a program to educate electors on changes 973 to the vote-by-mail process. 974 (g)A proposal for including a declaration of an electors 975 current address of legal residence with each written request for 976 a vote-by-mail ballot. 977 (3)In the course of reviewing the required issues, the 978 Department of State must, at a minimum: 979 (a)Review relevant processes of other states. 980 (b)Review relevant federal law. 981 (c)Seek input from supervisors of elections, which must 982 include representation from supervisors of counties with large, 983 medium, and small populations. 984 (4)By January 1, 2023, the Department of State shall 985 submit to the President of the Senate and the Speaker of the 986 House of Representatives a report on the plan and draft 987 legislation for any statutory changes needed to implement the 988 plan, including any necessary public records exemptions. 989 Section 26.Except as otherwise expressly provided in this 990 act, this act shall take effect upon becoming a law.