The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Ethics and Elections
BILL: CS/SB 524
INTRODUCER: Ethics and Elections Committee and Senator Hutson
SUBJECT: Elections
DATE: February 2, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Fav/CS
2. CA
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 524 makes the following changes to the Election Code:
Creates the Office of Election Crimes and Security within the Department of State and
revises requirements for special officers who may investigate election law violations;
Expands the prohibition against use of private donations for election-related expenses to
apply to any kind of expense, including but not limited to the costs of related litigation;
Increases the amount of total fines that may be assessed against a third-party voter
registration organization within a calendar year;
Increases the frequency with which voter registration list maintenance must be conducted and
creates additional requirements for related information that must be provided to the
Department of State;
Effective January 1, 2024, requires voters returning a vote-by-mail ballot to include on the
Voter’s Certificate one of specified identifying numbers, requires a third envelope to be used
in which the certificate envelope will be enclosed, and conforms canvassing provisions;
Expands a criminal penalty for early disclosure of election results and requires authorized
observers of vote-by-mail ballot duplication to sign an affidavit acknowledging they are
subject to the penalty;
Prohibits the use of ranked-choice voting in any election in the state and preempts any
conflicting local ordinances;
Revises retention, maintenance, and information posting requirements for citizens’ initiative
petition signature forms;
REVISED: BILL: CS/SB 524 Page 2
Increases criminal penalties for ballot harvesting and crimes related to ballot petition
signatures; and
Requires the Department of State to make specified reports regarding investigations of
election law violations and a plan to obtain an identifying number from voters who do not
have one on file.
Except as otherwise provided in the bill, the bill takes effect upon becoming a law.
II. Present Situation:
Please see “Effect of Proposed Changes.”
III. Effect of Proposed Changes:
Investigations of Violations of Election Laws (Sections 1, 20, and 21)
Present Situation
Current law vests jurisdiction to investigate and determine violations of chs. 104 and 106, F.S.,
in the Florida Elections Commission, but does not limit the jurisdiction of any other officers or
agencies of government empowered by law to investigate, act upon, or dispose of alleged
violations of the Election Code.
1
In addition, the Secretary of State’s duties include:
Maintaining a voter fraud hotline; and
Conducting preliminary investigations into any irregularities or fraud involving voter
registration, voting, candidate petition, or issue petition activities and reporting his or her
findings to the statewide prosecutor or relevant state attorney, if warranted.
2
Current law also authorizes the governor to appoint special officers to investigate alleged
violations of election laws, when it is deemed necessary to see that violators of election laws are
apprehended and punished.
3
In addition, the sheriff must exercise vigilance in the detection of
any violations of the election laws and in apprehending the violators.
Effect of Proposed Changes
The bill creates an Office of Election Crimes and Security (office) within the Department of
State (DOS) to aid the Secretary of State in completion of his or her existing duties by:
Receiving and reviewing notices and reports generated by government officials or any other
person regarding alleged occurrences of election law violations or election irregularities;
Initiating independent inquiries and conducting preliminary investigations into allegations of
election law violations or election irregularities; and
Overseeing the voter fraud hotline.
1
Section 106.25(1), F.S.
2
Sections 97.021(12) and (15), F.S.
3
Section 102.091, F.S. BILL: CS/SB 524 Page 3
The bill provides that the office shall:
Have a director appointed by the Secretary of State;
Be based in Tallahassee;
Employ nonsworn investigators to conduct any investigations;
Obtain any positions and resources necessary to accomplish its duties via the legislative
appropriations process.
The bill specifies that its provisions do not limit the jurisdiction of any other office or agency of
the state empowered by law to investigate, act upon, or dispose of alleged election law
violations.
Regarding special officers, the bill:
Requires the governor to, in consultation with the executive director of the Florida
Department of Law Enforcement (FDLE), appoint special officers to investigate alleged
violations of election laws.
Requires a special officer to be a sworn special agent employed by the FDLE and specifies
that at least one special officer in each operational region of the FDLE must be dedicated to
the investigation of election laws.
Provides that appointment as a special officer does not preclude a sworn special agent from
conducting other investigations as long as such other investigations do not hinder or interfere
with investigations of alleged violations of election laws.
Adds special officers to the existing list of law enforcement officials who are prohibited from
entering a polling place without permission from the clerk or a majority of the inspectors.
4
The bill requires the DOS to annually report to the governor, the Senate President, and the House
Speaker the following information related to investigations of alleged election law violations or
election irregularities:
The total number of complaints received and independent investigations initiated and the
number referred to another agency for further investigation or prosecution, including the total
of those sent to a special officer.
For each violation or irregularity investigated, the source of the alleged violation or
irregularity; the law allegedly violated or the nature of the irregularity reported; the county in
which it occurred; whether it was referred to another agency for further investigation or
prosecution, and if so, to which agency; and the current status of the investigation or
resulting criminal case.
Prohibition on Use of Private Donations for Election Administration Expenses (Section 2)
Present Situation
Current law prohibits an agency or state or local official responsible for conducting elections
from soliciting, accepting, or using any donation from an individual or nongovernmental entity
for the purpose of funding election-related expenses or voter education, outreach, or registration
programs.
5
4
See s. 102.101, F.S.
5
Section 97.0291, F.S. BILL: CS/SB 524 Page 4
Effect of Proposed Changes
The bill expands the prohibition to apply to any type of election administration-related expense,
specifically including, but not limited to, the cost of any related litigation.
Fines Imposed on Third-Party Voter Registration Organizations (Section 4)
Present Situation
A third-party voter registration organization is any person, entity, or organization soliciting or
collecting voter registration applications, but does not include:
A person who seeks only to register to vote or collect a voter registration application from
that person’s spouse, child, or parent; or
A person engaged in registering to vote or collecting voter registration applications as an
employee or agent of the Division of Elections within the DOS, supervisor of elections
(supervisor), Department of Highway Safety and Motor Vehicles (DHSMV), or a voter
registration agency
6
.
7
An organization that collects voter registration applications must deliver each application to the
Division of Elections or the supervisor in the county in which the applicant resides within 14
days after the application was completed by the applicant, but not after registration closes for the
next ensuing election.
8
If an organization fails to meet the deadline, it is liable for specified fines.
The aggregate fine which may be assessed against an organization, including affiliate
organizations, for violations committed in a calendar year is $1,000.
9
Effect of Proposed Changes
The bill increases the calendar-year fine cap to $50,000.
Voter Registration List Maintenance (Sections 5, 6, 7, and 8)
Present Situation
Current law requires each supervisor to conduct a general voter registration list maintenance
program (program) to ensure accurate and current voter registration records.
10
Each program
must be conducted, at a minimum, in each odd-numbered year and must be completed no later
than 90 days prior to the start of any federal election,
11
as required by the National Voter
Registration Act.
Each supervisor must incorporate in the program one or more of the following options for
identifying change-of-address information:
Information supplied by the U.S. Postal Service;
Information identified from returned nonforwardable return-if-undeliverable mail sent to all
registered voters in the county; or
6
A voter registration agency is any office that provides public assistance, any office that serves persons with disabilities, any
center for independent living, or any public library (s. 97.021(44), F.S.).
7
Section 97.021(40), F.S.
8
Section 97.0575(3)(a), F.S. The $1,000 cap was established in 2007 (s. 2, ch. 2007-30, Laws of Fla.).
9
Id.
10
Section 98.065(1), F.S.
11
Section 98.065(3), F.S. BILL: CS/SB 524 Page 5
Information identified from returned nonforwardable return-if-undeliverable address
confirmation requests
12
mailed to all registered voters who have not voted in the last two
years and who did not make a written request that their registration records be updated during
that time.
13
Current law also requires the DOS to engage in list maintenance activities to ensure the
maintenance of accurate and current voter registration records.
14
In part, those activities must
include identifying registered voters who are deceased by comparing information received from
either:
The Department of Health (DOH); or
The U.S. Social Security Administration.
15
Certain officials are required to provide specified information to the DOS for its use in voter list
maintenance activities.
16
A recent operational audit of the DOS relating to voting systems standards and certification,
voter registration records maintenance, selected administrative activities, and prior audit follow-
up included the following findings:
DOS controls over voter registration records maintenance need enhancement to better
identify duplicate registrations and registrations for deceased voters and convicted felons,
and to ensure that potential voter registration record errors are appropriately investigated and
corrected.
DOS controls for ensuring that persons who register or preregister to vote satisfy statutory
age requirements need improvement.
DOS records did not always evidence the timely receipt of forms from supervisors certifying
that voter address and voter registration records maintenance activities were conducted in
accordance with state law.
17
Effect of Proposed Changes
The bill increases the frequency with which each supervisor must conduct a program to at least
once every year, beginning in January 2023. It further requires each supervisor to:
At least once each even-numbered year, use change-of-address information from the U.S.
Postal Service to update voter address information;
At least once each odd-numbered year, send to all registered voters in the county
nonforwardable return-if-undeliverable mail that requests address confirmation and solicits a
12
The address confirmation request is a form prescribed by the Department of State that must include the voter’s name and
address of legal residence as shown on the voter registration record and a request that the voter notify the supervisor if either
the voter’s name or address of legal residence is incorrect (s. 98.0655, F.S.). “Address of legal residence” means the legal
residential address of the elector and includes all information necessary to differentiate one residence from another,
including, but not limited to, a distinguishing apartment, suite, lot, room, or dormitory room number or other identifier (s.
97.021(3), F.S.).
13
Section 98.065(2), F.S.
14
Section 98.075(1), F.S.
15
Section 98.075(3), F.S.
16
Section 98.093, F.S.
17
State of Florida Operational Audit of Department of State, January 2021, available at
https://flauditor.gov/pages/pdf_files/2021-096.pdf (last viewed February 2, 2022). BILL: CS/SB 524 Page 6
Florida driver license number, Florida identification card number, and the last four digits of
the social security number of each voter who does not have one such number on file; and
At the supervisor’s discretion, identify change-of-address information from returned
nonforwardable return-if-undeliverable address confirmation requests mailed to all registered
voters who have not voted in the last two years and who did not make a written request that
their registration records be updated during that time.
The bill specifies procedures to be followed regarding which addresses should be used in the
conducting of program activities.
The bill revises requirements for the address confirmation request form to require it to
additionally include a voter registration application and a notice regarding penalties for
submitting false voter registration information and requires the DOS to create a new identifying
number solicitation form for use in requesting such a number for each voter who does not have
one on file.
The bill also requires the DOS to compare information regarding deceased voters from both the
DOH and the U.S. Social Security Administration and adds the DHSMV as an agency with
which the DOS must compare information.
18
Relating to duties of officials to furnish information to the DOS, the bill requires:
Each clerk of court to monthly report to the DOS information on the terms of sentence,
including any financial obligations, of all persons listed in the clerk’s records who reside
within this state and have been convicted of a felony.
The DHSMV to monthly report to the DOS specified information pertaining to persons who
presented evidence of non-U.S. citizenship upon being issued a new or renewed Florida
driver license or Florida identification card.
19
Vote-by-Mail Ballots (Sections 11, 14, 16, 23, 25, and 26)
Present Situation
Florida law allows an elector to request a vote-by-mail (VBM) ballot to be used in lieu of voting
at the polls during early voting or on Election Day. An elector does not need to provide a reason
for a VBM ballot request.
18
The federal Drivers Privacy Protection Act (DPPA) protects personal information collected by state departments of motor
vehicles and held in motor vehicle records (18 U.S. Code s. 2721). The DPPA defines “personal information” to mean
information that identifies an individual, including an individual’s photograph, social security number, driver identification
number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information. “Motor
vehicle record” means any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle
registration, or identification card issued by a department of motor vehicles. The DPPA specifies permissible uses of
protected personal information, including, but not limited to, use by any government agency in carrying out its functions.
19
Specifically, the bill requires that the DHSMV report for each person his or her name; address; date of birth; social security
number, if applicable; and Florida driver license number or Florida identification card number. Social security numbers held
by an agency are confidential and exempt from public-records disclosure requirements, but may be disclosed if expressly
required by state law (s. 119.071(5)(a)5., F.S.). Also, see discussion of the DPPA in footnote 18. BILL: CS/SB 524 Page 7
Any person who distributes, orders, requests, collects, delivers, or otherwise physically possesses
more than two VBM ballots per election in addition to his or her own ballot or a ballot belonging
to an immediate family members commits a first-degree felony.
20
Current law requires a supervisor to enclose with each mailed VBM ballot two envelopes:
A secrecy envelope, into which the absent elector shall enclose his or her marked ballot; and
A mailing envelope, into which the absent elector shall then place the secrecy envelope.
21
The mailing envelope in which an absent elector sends back a marked VBM ballot must bear on
the back side a Voter’s Certificate via which the elector must affirm with a signature that he or
she is a qualified and registered voter of the relevant county and that he or she has not and will
not vote more than one ballot in the election.
22
The Voter’s Certificate also contains spaces for
each voter to provide his or her email address and telephone numbers and the date the certificate
was signed.
When returned VBM ballots are being counted, a duplicate must be made and substituted for any
ballot:
That is physically damaged so that it cannot properly be tabulated by the voting system’s
automatic tabulating equipment;
That contains an overvoted race; or
In which every race is undervoted.
23
The duplicate copies must be made in the presence of witnesses and include all valid votes as
determined by the canvassing board based on rules adopted by the division. Upon request, a
physically present candidate, a political party official, a political committee official, or an
authorized designee thereof must be allowed to observe the duplication of ballots.
24
If an elector returns a VBM ballot that does not include a signature or contains a signature that
does not match the one in the registration books or precinct register, the supervisor must notify
the elector of the signature deficiency and direct the elector to the cure affidavit
25
and
instructions on the supervisor’s website.
26
Along with the cure affidavit, the elector must submit
a copy of one of a specified list of acceptable identifications.
27
During canvassing of VBM ballots, a canvassing board must, if the supervisor has not already
done so, compare the elector’s signature on the voter’s certificate or the ballot cure affidavit with
the elector’s signature in the registration books or the precinct register. A VBM ballot may only
be counted if:
20
Section 104.0616(2), F.S. “Immediate family” means a person’s spouse or the parent, child, grandparent, grandchild, or
sibling of the person or the person’s spouse (s. 104.0616(1), F.S.).
21
Section 101.64(1), F.S.
22
Section 101.64(1), F.S.
23
Section 101.5614(4)(a), F.S.
24
Id.
25
The VBM ballot cure affidavit requires the elector to affirm with a signature that he or she requested and returned the
VBM ballot and has not and will not vote more than one ballot in the election (s. 101.68(4)(c), F.S).
26
Section 101.68(4)(a), F.S. The supervisor may make the notification via email, text message, or telephone.
27
Section 101.68(4)(d)3., F.S. BILL: CS/SB 524 Page 8
The signature on the voter’s certificate or the cure affidavit matches the signature in the
registration books or precinct register;
28
or
The cure affidavit contains a signature that does not match the signature in the registration
books or precinct register, but the elector has submitted a current and valid “Tier 1
identification”
29
that confirms the identity of the elector.
30
It is a third-degree felony for any supervisor, deputy supervisor, canvassing board member,
election board member, or election employee to release the results of any election before the
closing of the polls in that county on election day.
31
Effect of Proposed Changes
Effective January 1, 2024, the bill requires an elector voting via VBM ballot to include on the
Voter’s Certificate the last four digits of his or her Florida driver license number or Florida
identification card number, or, if he or she has neither, the last four digits of his or her social
security number. To protect the identifying number, the bill requires an additional mailing
envelope to be provided within which the certificate envelope will be enclosed.
The bill revises VBM ballot canvassing processes to incorporate the requirement that a voter
include an identifying number on the Voter’s Certificate.
The bill requires the DOS to submit to the Senate President and the House Speaker by January 1,
2023, a report detailing a plan to obtain a Florida driver license number or Florida identification
card number and the last four digits of the social security number from each registered voter who
does not have any such number on file in the Florida Voter Registration System. The plan must
include, if needed, details on any funding that may be required for its completion, and must plan
for its completion by December 31, 2023.
The bill increases the criminal penalty for “ballot harvesting” to a third-degree felony and
specifies that it is a Level 1 offense.
32
The bill expands the existing criminal penalty for release of election results prior to poll closing
to:
Include any person authorized to observe, review or inspect ballot materials or observe
canvassing; and
28
In the case of a cure affidavit, the supporting identification must also confirm the identity of the elector.
29
“Tier 1 identification” means a current and valid identification that includes the elector’s name and photograph, including a
Florida driver license; Florida identification card issued by the Department of Highway Safety and Motor Vehicles; United
States passport; debit or credit card; military identification; student identification; retirement center identification;
neighborhood association identification; public assistance identification; veteran health identification card issued by the
United States Department of Veterans Affairs; Florida license to carry a concealed weapon or firearm; of employee
identification card issued by any branch, department, agency, or entity of the federal government, the state, a county, or a
municipality (s. 101.68(4)(d)2., F.S.).
30
Section 101.68(2)(c)1., F.S.
31
Section 101.5614(8), F.S.
32
“Level 1” is the least severe offense level in the offense severity ranking chart, which is used in conjunction with the
Criminal Punishment Code worksheet to compute a sentence score for felony offenders (s. 921.0022(1) and (2), F.S.). Florida
Rule of Criminal Procedure 3.704(c)(2) provides that all third-degree felonies are Level 1 offenses unless otherwise
specified. BILL: CS/SB 524 Page 9
Also prohibit the release of any information about votes cast for or against any candidate or
ballot measure.
The bill also requires each authorized observer of VBM ballot duplication to sign an affidavit
affirming his or her acknowledgment that disclosure of election results discerned from observing
the ballot duplication process while the election is ongoing is a felony.
Use of Ranked-Choice Voting (Section 10)
Present Situation
In a ranked-choice voting system (RCV), voters rank all the candidates for a given office by their
preference. Ballots are tabulated in multiple rounds following the elimination of a candidate until
a single candidate attains a majority.
33
Alaska and Maine are the only states in the country to have established the use of RCV for all
congressional and state elections. A number of cities across the United States also use the
method for municipal elections.
34
Florida statutes do not specifically address the use of RCV. They require state elections to be
decided by winner-takes-all primary and general elections
35
but provide no such specification for
local elections. Sarasota County voters approved RCV in a 2007 referendum, but the method has
not been implemented due to concerns about voting systems and legality.
36
The City of
Clearwater considered holding an RCV referendum but decided against it because the city would
not be able to implement the system unless the state recognized it as a legal method.
37
Statutorily required audits
38
and currently authorized voting systems
39
may not accommodate the
use of ranked-choice voting in the state.
33
“Ranked-Choice Voting,” National Conference of State Legislatures, https://www.ncsl.org/research/elections-and-
campaigns/ranked-choice-voting636934215.aspx (last viewed January 19, 2022).
34
Id.
35
See ss. 100.061 and 100.181, F.S. In this method, also known as plurality voting, voters select one candidate per race on a
ballot and the candidate that receives the most votes wins.
36
“Sarasota City Commission may pause plan for advancing ranked-choice voting,” Sarasota Herald-Tribune,
https://www.heraldtribune.com/story/news/politics/elections/local/2021/09/22/sarasota-file-suit-determine-if-can-pursue-
ranked-choice-voting/5796054001/ (last viewed January 24, 2022).
37
“Clearwater drops ranked choice voting referendum,” Tampa Bay Times,
https://www.tampabay.com/news/clearwater/2021/10/08/clearwater-drops-ranked-choice-voting-referendum/ (last viewed
January 24, 2022).
38
Current law requires two post-election reports: 1) immediately after certification of each election, the county canvassing
board or the local board responsible for certifying the election must conduct a manual audit or an automated, independent
audit of the voting systems used in randomly selected precincts; and 2) at the end of each general election year, the supervisor
of elections in each county must report the total number of overvotes and undervotes for specified races (ss. 101.591 and
101.595, F.S.).
39
The Department of State must examine and certify a voting system before it can be used in an election (s. 101.5605, F.S.).
A voting system may only be approved by the department if it meets specified criteria (s. 101.5606, F.S.). BILL: CS/SB 524 Page 10
Effect of Proposed Changes
The bill:
Prohibits the use of a ranked-choice voting method from being used in determining the
election or the nomination of any candidate to any local, state, or federal office in this state.
Provides that any existing or future ordinance enacted by a local governmental entity which
is in conflict with the prohibition against ranked-choice voting is void.
Citizens’ Initiatives (Section 9)
Present Situation
The Florida Constitution provides citizens the right to propose constitutional amendments
through an initiative petition process.
40
The process includes the following signature
requirements:
The total number of signatures must be equal to at least eight percent of the number of voters
in the last presidential election.
The signatures must come from voters in at least one-half of the congressional districts of the
state.
41
The steps in the citizens’ initiative petition process are as follows:
The individual or group wishing to propose an amendment must register as a political
committee with the Division of Elections (Division) within the DOS.
42
The sponsoring political committee must submit its initiative petition form to the Division for
approval of its format.
43
After the Division approves the format of a petition form, the Division assigns a serial
number to the initiative petition.
44
After assignment of a serial number, the sponsoring political committee may begin
circulating petitions for signature by registered Florida voters.
45
Each signed initiative petition form must be submitted by the sponsoring political committee
to the supervisor’s office in the county of residence of the signee for signature verification.
46
When the sponsoring political committee has obtained specified thresholds for verified
signatures,
47
the Secretary of State (Secretary) sends the petition to the Attorney General,
48
who must within 30 days of receipt petition the Florida Supreme Court (Court) for an
advisory opinion as to whether the text of the proposed amendment complies with state
constitutional requirements
49
, whether the proposed amendment is facially invalid under the
40
FLA. CONST. art. XI, s. 3.
41
FLA. CONST. art. XI, s. 3.
42
Section 100.371(2), F.S.
43
Rule 1S-2.009 (Constitutional Amendment by Initiative Petition), F.A.C.
44
Id.
45
See id. and s. 100.371(2), F.S.
46
Section 100.371(11)(a), F.S. Each signature must be verified by the relevant supervisor of elections. The sponsoring
political committee must pay the actual cost of verification to the supervisor of elections.
47
The verified signatures on petitions must be equal to at least 25% of the number of signatures required statewide and in at
least one-half of Florida’s congressional districts.
48
Section 15.21, F.S.
49
FLA. CONST. art. XI, s. 3, in part limits citizens’ initiatives (except those limiting the power of government to raise revenue)
to a single subject. BILL: CS/SB 524 Page 11
United States Constitution, and whether the proposed ballot title and substance comply with
statutory requirements
50
.
51
The Secretary concurrently sends a copy of the petition to the
Financial Impact Estimating Conference, which completes and submits to the Court a
financial impact statement for the proposed amendment.
52
By February 1 of the year of the general election, the Secretary determines whether the
required number and distribution of signatures has been met.
53
If so, the Secretary issues a
certificate of ballot position to the sponsoring political committee.
54
No later than the next
day, the Division director assigns the designated number for the proposed amendment.
55
For each initiative, each supervisor must retain signature forms for at least one year following the
election in which the issue appeared on the ballot or until the Division of Elections notifies the
supervisors that the committee that circulated the petition is no longer seeking to obtain ballot
position.
56
Each supervisor must post on his or her website the aggregate number of verified valid
signatures and the distribution of such signatures by congressional district for each amendment
proposed by initiative, along with certain information specific to the reporting period.
57
Effect of Proposed Changes
The bill:
Requires each supervisor to separate valid and invalid signature forms.
Revises the signature form retention period to at least one year following the election for
which the issue was circulated.
Requires supervisors to provide a method of viewing and copying
58
valid and invalid forms.
Adds to website posting requirements the following information for each initiative – total
number of signatures submitted, total number of invalid signatures, and total number of
signatures processed.
50
Section 101.161, F.S., provides format and content requirements for ballot titles and summaries. The ballot summary must
be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. The ballot title must
consist of a caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. However,
those requirements do not apply to amendments or revisions proposed by joint resolution of the Legislature. All proposals are
subject to requirements pertaining to a financial impact statement that must be included in the ballot summary.
51
Section 16.061(1), F.S.
52
Section 100.371(13), F.S.
53
Section 100.371(1), F.S.
54
Section 100.371(12), F.S.
55
Rule 1S-2.0011 (Constitutional Amendment Ballot Position), F.A.C.
56
Section 100.371(11)(a), F.S.
57
Section 100.371(11)(c), F.S.
58
The signature of a voter registration applicant or a registered voter is exempt from public-records copying requirements
pursuant to s. 97.0585(2), F.S. BILL: CS/SB 524 Page 12
Penalties Related to Ballot Petitions (Sections 23 and 24)
Present Situation
Current law makes it a first-degree misdemeanor to:
Sign another person’s name or a fictitious name to any petition to secure ballot position for a
candidate, a minor political party, or an issue;
59
and
To compensate a petition circulator based on number of petition forms gathered.
60
Effect of Proposed Changes
The bill increases the criminal penalty for each of the offenses to make each a third-degree
felony.
Conforming Changes (Sections 3, 12, 13, 15, 17, 18, and 19)
The bill:
Conforms cross-references;
Conforms all-mail-ballot election processes to the new three-envelope VBM ballot
mailing system and requirement that an identifying number be included in the Voter’s
Certificate;
Conforms terminology; and
Conforms VBM ballot instructions to the new three-envelope VBM mailing system and
requirement that an identifying number be included in the Voter’s Certificate.
Effective Date of the Bill (Section 27)
Except as otherwise provided in the bill, the bill takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. Bills that affect state or local elections are exempt from the requirements
of Art. VII, section 18 of the Florida Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
59
Section 104.185(2), F.S.
60
Section 104.186, F.S. BILL: CS/SB 524 Page 13
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Increasing the cap on the total amount of fines that may be assessed against a third-party
voter registration organization in one calendar year will financially impact those
organizations that do not comply with timely submission requirements for voter
registration applications.
C. Government Sector Impact:
The requirement that certain special officers be dedicated to investigating election law
violations and the creation of the new Office of Election Crimes and Security may require
funding for additional positions.
The creation of a three-envelope mailing system for VBM ballot envelopes will result in
supervisors having to pay for an additional envelope for each VBM ballot.
Increasing the frequency with which voter registration list maintenance must be
conducted and requiring mailings regarding identifying numbers will increase supervisor
workload and mailing costs. Requiring governmental officials and agencies to report
additional information to the DOS for list maintenance purposes may increase workload
for those official and agencies.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates sections 97.022 and 101.019 of the Florida Statutes.
This bill substantially amends the following sections of the Florida Statutes: 97.0291, 97.057,
97.0575, 98.065, 98.0655, 98.075, 98.093, 100.371, 101.5614, 101.6104, 101.64, 101.65, 101.68,
101.6921, 101.6923, and 101.6925. BILL: CS/SB 524 Page 14
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Ethics and Elections on February 1, 2022:
The committee substitute does the following:
Retains a prohibition against the use of ranked-choice voting that is in the original
bill.
Revises the original bill’s removal of an annual cap on fines against a third-party
voter registration organization to instead increase it to $50,000 from the current
$1,000.
Removes from the original bill provisions related to candidate disclosures and early
voting sites.
Adds new provisions related to an Office of Election Crimes and Security within the
DOS; special officers to investigate election law violations; vote-by-mail procedures;
voter registration list maintenance; criminal penalties for early disclosure of election
results, ballot harvesting, compensating persons for petition signatures, and signing
another person’s name to a petition; signature-gathering for citizens’ initiatives; and
DOS reporting requirements.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.