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 Appropriations
BILL: CS/CS/SB 524
INTRODUCER: Appropriations Committee; Ethics and Elections Committee; and Senator Hutson
SUBJECT: Election Administration
DATE: February 28, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Fav/CS
2. Biehl/Hrdlicka Sadberry AP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 524 makes the following changes related to elections:
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 and creates penalties that may be assessed against a third-party voter registration
organization for certain violations;
Increases the frequency with which voter registration list maintenance must be conducted,
creates additional requirements for related information that must be provided to the
Department of State, and requires inactive voters to confirm address of legal residence before
being restored to active status;
Conforms the mailing and canvassing timeframes for all-mail-ballot elections to those for
vote-by-mail ballots in regular elections (effective January 1, 2024);
Revises the date by which supervised voting must be requested;
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/CS/SB 524 Page 2
Authorizes amendment review processes to be halted if the validity of signatures for an
initiative petition have expired;
Increases criminal penalties for ballot harvesting and crimes related to ballot petition
signatures;
Requires county commissioners of single-member districts to run for election after each
decennial redistricting; and
Requires the Department of State to make specified reports regarding investigations of
election law violations and to submit a plan to use identifying numbers to confirm the
identity of each elector returning a vote-by-mail ballot.
Except as otherwise provided in the bill, the bill takes effect upon becoming a law.
II. Present Situation:
For ease of organization and readability, the present situation is discussed below in conjunction
with the effect of the proposed changes.
III. Effect of Proposed Changes:
Investigations of Violations of Election Laws (Section 3, creating s. 97.022, F.S.; and
Sections 18 and 19, amending ss. 102.091 and 102.101 ,F.S.)
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:
2
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.
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.
1
Section 106.25(1), F.S.
2
Sections 97.012(12) and (15), F.S.
3
Section 102.091, F.S. BILL: CS/CS/SB 524 Page 3
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.
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; and
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, in consultation with the executive director of the Florida Department
of Law Enforcement (FDLE), to 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.
4
See s. 102.101, F.S. BILL: CS/CS/SB 524 Page 4
This report is due each January 15 for activities during the prior calendar year.
Prohibition on Use of Private Donations for Election Administration Expenses (Section 4,
amending s. 97.0291, F.S.)
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.
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 6, amending
s. 97.0575, F.S.)
Present Situation
A third-party voter registration organization is any person, entity, or organization soliciting or
collecting voter registration applications, but does not include:
5
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 (division) within the DOS, supervisor of
elections (supervisor), Department of Highway Safety and Motor Vehicles (DHSMV), or a
voter registration agency.
6
An organization that collects voter registration applications must deliver each application to the
division 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. 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.
7
Effect of Proposed Changes
The bill increases the calendar-year aggregate fine cap to $50,000.
5
Section 97.021(40), F.S.
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 97.0575(3)(a), F.S. The $1,000 cap was established in 2007 (s. 2, ch. 2007-30, Laws of Fla.). BILL: CS/CS/SB 524 Page 5
The bill also creates a new penalty that provides that if a person collecting applications on behalf
of an organization is found guilty of altering an application without consent,
8
the organization is
subject to a fine of $1,000 per altered application.
Voter Registration List Maintenance (Sections 7, 8, 9, 10, and 14, amending ss. 98.065,
98.0655, 98.075, 98.093, and 101.043, F.S.)
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.
9
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,
10
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:
11
Information supplied by the U.S. Postal Service through its licensees;
Information identified from returned nonforwardable return-if-undeliverable mail sent to all
registered voters in the county; or
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 any written requests that their registration records be updated
during that time.
Current law also requires the DOS to engage in list maintenance activities to ensure the
maintenance of accurate and current voter registration records.
13
In part, those activities must
include identifying registered voters who are deceased by comparing information received from
either:
14
The Department of Health (DOH); or
The U.S. Social Security Administration.
Certain officials are required to provide specified information to the DOS for its use in voter list
maintenance activities.
15
8
Section 104.012(4), F.S., makes it a third-degree felony for a person to alter the voter registration application of any other
person without the other person’s knowledge and consent.
9
Section 98.065(1), F.S.
10
Section 98.065(3), F.S.
11
Section 98.065(2), F.S.
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 98.075(1), F.S.
14
Section 98.075(3), F.S.
15
Section 98.093, F.S. BILL: CS/CS/SB 524 Page 6
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:
16
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.
Effect of Proposed Changes
The bill increases the frequency with which each supervisor must conduct a program to at least
once every year. It revises the options for identifying change-of-address information to provide
that each supervisor must:
Use change-of-address information from the U.S. Postal Service through its licensees and, in
odd-numbered years, 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 three years and who did not make any written requests that their
registration records be updated during that time; or
Identify change-of-address information from returned nonforwardable return-if-undeliverable
mail sent to all registered voters in the county.
Regarding voter addresses, the bill:
Specifies procedures to be followed regarding which addresses should be used in conducting
program activities;
Requires an inactive voter to confirm his or her current address of legal residence before he
or she may be restored to active status;
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; and
Clarifies that identification presented at a poll may be used to confirm the voter’s address.
The bill clarifies that a prohibition against removing a voter’s name from the statewide voter
registration system within 90 days of a federal election does not preclude the correction of
registration records based on information submitted by the voter.
16
State of Florida Auditor General, Operational Audit of Department of State, Report No. 2021-096, January 2021,
https://flauditor.gov/pages/pdf_files/2021-096.pdf (last viewed February 20, 2022). BILL: CS/CS/SB 524 Page 7
The bill adds the DHSMV as an agency with which the DOS must compare information
regarding deceased voters.
17
Relating to duties of officials to furnish information to the DOS, the bill requires:
Each clerk of court to report monthly to the DOS specified 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 report monthly 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.
18
Vote-by-Mail Ballots (Sections 15, 20, 24, and 25, amending ss. 101.5614, 104.0616, and
921.0022)
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.
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.
19
When returned VBM ballots are being counted, a duplicate must be made and substituted for any
ballot:
20
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.
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
17
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.C. 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.
18
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 above.
19
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.). A first degree misdemeanor is punishable by a fine of up
to $1,000 and jail time of up to 1 year (ss. 775.082 and 775.083, F.S.).
20
Section 101.5614(4)(a), F.S. BILL: CS/CS/SB 524 Page 8
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.
21
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.
22
Effect of Proposed Changes
The bill requires the DOS to submit to the Senate President and the House Speaker by
January 1, 2023, a report detailing a plan, and any draft legislation necessary for implementation,
to obtain a Florida driver license number, Florida identification card number, social security
number, or any part thereof to confirm the identity of each registered voter returning a VBM
ballot. The DOS must , at a minimum, review relevant federal law, processes of other states, and
input from supervisors representing large, medium, and small populations. The DOS must
review certain issues to develop and implement the plan, which include:
Coordination with the DHSMV and other agencies in obtaining the required number for each
registered voter who does not have such numbers on file in the Florida Voter Registration
System;
How to input such numbers in the Florida Voter Registration System and how to protect the
information, including prescribing the form of return mailing envelope;
Educational outreach to inform voters on changes to the VBM process; and
Costs associated with the development and implementation of the plan.
The bill increases the criminal penalty for “ballot harvesting” to a third-degree felony and
specifies that it is a Level 1 offense.
23
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
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.
21
Id.
22
Section 101.5614(8), F.S. A third degree felony is punishable by a fine of up to $5,000 and a term of imprisonment of up to
5 years (ss. 775.082 and 775.083, F.S.).
23
“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/CS/SB 524 Page 9
All-Mail-Ballot Elections (Section 16, amending s. 101.6103, F.S.)
Present Situation
Local referendum elections may be conducted entirely by mail ballot (all-mail-ballot elections) if
certain conditions are met.
24
The supervisor must mail the ballots no sooner than the 20th day
before the election and no later than the 10th day before the election.
25
The canvassing board
may begin the canvassing of mail ballots at 7 a.m. on the sixth day before the election.
26
Effect of Proposed Changes
Effective January 1, 2024, the bill conforms the mailing and canvassing timeframes for ballots in
an all-mail-ballot election to those for vote-by-mail balloting in regular elections.
27
The bill also
applies the criminal penalty for early release of election results to canvassing conducted for
all-mail-ballot elections.
Supervised Voting (Section 17, amending s. 101.655, F.S.)
Present Situation
The administrator of an assisted living facility or nursing home facility may request that the
supervisor send a supervised voting team to deliver ballots to residents of the facility and
supervise the residents’ voting of the ballots. A request for such supervised voting must be made
in writing no later than 21 days prior to the election for which the request is submitted.
28
Effect of Proposed Changes
The bill revises the date by which the request must be made to 28 days before the election for
which the request is submitted.
Use of Ranked-Choice Voting (Section 13, creating s. 101.019, F.S.)
Present Situation
In a ranked-choice voting system (RCV), voters rank all the candidates for a given office by their
preferences. Ballots are tabulated in multiple rounds following the elimination of a candidate
until a single candidate attains a majority.
29
24
Section 101.6102, F.S.
25
Section 101.6103(1), F.S.
26
Section 101.6103(6), F.S.
27
Section 101.62(4), F.S., provides that supervisors must mail VBM ballots to absent uniformed services voters and overseas
voters no later than 45 days before a presidential preference primary election, primary election, or general election, and must
mail the ballots to all other voters between the 40th and 33rd days before such an election. Section 101.68(2)(a), F.S.,
provides that canvassing of VBM ballots may begin upon the completion of the public testing of automatic tabulating
equipment pursuant to s. 101.5612(2), F.S., but must begin canvassing no later than noon on the day following the election.
28
Section 101.655, F.S.
29
“Ranked-Choice Voting,” National Conference of State Legislatures, https://www.ncsl.org/research/elections-and-
campaigns/ranked-choice-voting636934215.aspx (last viewed February 20, 2022). BILL: CS/CS/SB 524 Page 10
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.
30
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 but provide no such specification for
local elections.
31
Sarasota County voters approved RCV in a 2007 referendum, but the method
has not been implemented due to concerns about voting systems and legality.
32
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.
33
Statutorily required audits
34
and currently authorized voting systems
35
may not accommodate the
use of ranked-choice voting in the state.
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 (Sections 1, 2, and 12, amending ss. 15.21, 16.061, and 100.371, F.S.)
Present Situation
The Florida Constitution provides citizens the right to propose constitutional amendments
through an initiative petition process.
36
The process includes the following signature
requirements:
The total number of signatures must be equal to at least 8 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.
37
30
Id.
31
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 who receives the most votes wins.
32
“Sarasota City Commission may pause plan for advancing ranked-choice voting,” Sarasota Herald-Tribune,
September 22, 2021, 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 February 20, 2022).
33
“Clearwater drops ranked choice voting referendum,” Tampa Bay Times, October 8, 2021,
https://www.tampabay.com/news/clearwater/2021/10/08/clearwater-drops-ranked-choice-voting-referendum/ (last viewed
February 20, 2022).
34
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
in each county must report the total number of overvotes and undervotes for specified races (ss. 101.591 and 101.595, F.S.).
35
The DOS 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 DOS if it meets specified criteria (s. 101.5606, F.S.).
36
FLA. CONST. art. XI, s. 3.
37
FLA. CONST. art. XI, s. 3. BILL: CS/CS/SB 524 Page 11
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 within the DOS.
38
The sponsoring political committee must submit its initiative petition form to the division for
approval of its format.
39
After the division approves the format of a petition form, the division assigns a serial number
to the initiative petition.
40
After assignment of a serial number, the sponsoring political committee may begin
circulating petitions for signature by registered Florida voters.
41
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.
42
When the sponsoring political committee has obtained specified thresholds for verified
signatures,
43
the Secretary of State (Secretary) sends the petition to the Attorney General,
44
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,
45
whether the proposed amendment is facially invalid under the
United States Constitution, and whether the proposed ballot title and substance comply with
statutory requirements.
46,47
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.
48
By February 1 of the year of the general election, the Secretary determines whether the
required number and distribution of signatures has been met.
49
If so, the Secretary issues a
certificate of ballot position to the sponsoring political committee.
50
No later than the next
day, the division director assigns the designated number for the proposed amendment.
51
38
Section 100.371(2), F.S.
39
Rule 1S-2.009 (Constitutional Amendment by Initiative Petition), F.A.C.
40
Id.
41
See id. and s. 100.371(2), F.S.
42
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.
43
The verified signatures on petitions must be equal to at least 25 percent of the number of signatures required statewide and
in at least one-half of Florida’s congressional districts.
44
Section 15.21, F.S.
45
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.
46
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.
47
Section 16.061(1), F.S.
48
Section 100.371(13), F.S.
49
Section 100.371(1), F.S.
50
Section 100.371(12), F.S.
51
Rule 1S-2.0011 (Constitutional Amendment Ballot Position), F.A.C. BILL: CS/CS/SB 524 Page 12
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 notifies the supervisors
that the committee that circulated the petition is no longer seeking to obtain ballot position.
52
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.
53
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.
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.
The bill also requires the proposed amendment review processes of the Secretary of State and
Attorney General to be halted if the validity of signatures for the initiative period have expired.
Penalties Related to Ballot Petitions (Sections 21 and 22, amending ss. 104.185 and
104.186, F.S.)
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;
54
and
To compensate a petition circulator based on number of petition forms gathered.
55
Effect of Proposed Changes
The bill increases the criminal penalty for each of the offenses to make each a third degree
felony.
Election of County Commissioners in Single-Member Districts (Sections 11 and 23,
amending ss. 100.041 and 124.011, F.S.)
Present Situation
The Florida Constitution provides that each board of county commissioners shall consist of five
or seven members serving staggered terms of four years. After each decennial census, the board
of county commissioners divides the county into districts of contiguous territory as nearly equal
52
Section 100.371(11)(a), F.S.
53
Section 100.371(11)(c), F.S.
54
Section 104.185(2), F.S.
55
Section 104.186, F.S. BILL: CS/CS/SB 524 Page 13
in population as practicable. One commissioner in each district must be elected as provided by
law.
56
The statutes implementing the constitutional provisions specify:
County commissioners may be elected at-large in some counties and from single-member
districts in other counties.
57
For single-member districts, each commissioner from an odd-numbered district is elected at
the general election in each year the number of which is a multiple of four. Each
commissioner from an even-numbered district is elected at the general election in each
even-numbered year the number of which is not a multiple of four.
58
Effect of Proposed Changes
The bill provides that in the election following each constitutionally required, decennial
redistricting, each county commissioner in a single-member district must be elected and their
terms will thereafter be staggered as provided in law. The provision does not apply to
commissioners in:
Miami-Dade County.
Any county the charter of which limits the number of terms a commissioner may serve.
Any county in which voters have never approved a charter amendment limiting the number
of terms a commissioner may serve regardless of subsequent judicial nullification.
Conforming Changes (Section 5, amending s. 97.057, F.S.)
The bill conforms a cross-reference.
Effective Date of the Bill (Section 26)
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, s. 18 of the Florida Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
56
FLA. CONST. art. VIII, s. 1(e).
57
Section 124.011, F.S.
58
Section 100.041(2)(a), F.S. BILL: CS/CS/SB 524 Page 14
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
A third-party voter registration organization that commits multiple violations in one
calendar year may be affected by the increased and new penalties under the bill.
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. SB 2500 includes an appropriation for the new office,
contingent upon the passage of this bill (Specific Appropriations 3146-3151).
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. SB 2500 includes an appropriation for the new positions
in the division for voter registration activities, contingent upon the passage of this bill
(Specific Appropriation 3131).
The Criminal Justice Impact Estimating Conference has not reviewed the bill for any
prison bed impacts due to the increased criminal penalties under the bill, although the
impact is expected to be minimal.
The increase in fines may result in an indeterminate, positive fiscal impact to the General
Revenue Fund.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None. BILL: CS/CS/SB 524 Page 15
VIII. Statutes Affected:
This bill creates the following sections of the Florida Statutes: 97.022 and 101.019.
This bill substantially amends the following sections of the Florida Statutes: 15.21, 16.061,
97.0291, 97.057, 97.0575, 98.065, 98.0655, 98.075, 98.093, 100.043, 101.5614, 101.6103,
101.655, 102.091, 102.101, 104.0616, 104.185, 104.186, 124.011, and 921.0022.
The bill creates an undesignated section of Florida law.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Appropriations on February 24, 2022:
The committee substitute revises the bill by:
Streamlining provisions regarding voter list maintenance.
Removing the requirement for a voter to provide an identifying number when voting
by mail and removing the corresponding language requiring a three-envelope system.
Conforming mail ballot mailing and canvassing provisions for all-mail-ballot
elections to those for vote-by-mail balloting in regular elections.
Expanding Department of State reporting provisions to require a study of all issues
involving a plan to modify VBM procedures to ensure election integrity.
Adding a new financial penalty for a third-party voter registration organization if a
person collecting applications on its behalf is found guilty of altering an application
without consent.
Clarifying that an identification presented at a poll may be used to confirm the voter’s
address.
Removing the requirement that supervisors provide a method of viewing and copying
valid and invalid signature forms for initiative petitions.
Adding new provisions authorizing amendment review processes to be halted if the
validity of signatures for the initiative petition have expired.
Adjusting the date by which supervised voting must be requested.
Adding a new requirement that after each decennial redistricting, certain county
commissioners must be reelected, with exceptions.
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. BILL: CS/CS/SB 524 Page 16
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.