Florida 2024 Regular Session

Florida House Bill H0359 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 359 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0359-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to voting systems; amending s. 2
16	16	101.5604, F.S.; authorizing counties to count ballots 3
17	17	by hand at the precinct level; amending s. 101.5605, 4
18	18	F.S.; prohibiting the Department of State from 5
19	19	approving certain voting systems; amending s. 6
20	20	101.5607, F.S.; requiring the department to make 7
21	21	certain information and materials available to the 8
22	22	public on its website; deleting a public records 9
23	23	exemption that appli es to certain software on file 10
24	24	with the department; providing that certain software 11
25	25	is a public record and must be provided at the actual 12
26	26	cost of duplication; providing an effective date. 13
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28	28	Be It Enacted by the Legislature of the State of Florida: 15
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30	30	Section 1. Section 101.5604, Florida Statutes, is amended 17
31	31	to read: 18
32	32	101.5604 Adoption of system; procurement of equipment; 19
33	33	commercial tabulations. —The board of county commissioners of any 20
34	34	county, at any regular meeting or a special meeting called for 21
35	35	the purpose, may, upon consultation with the supervisor of 22
36	36	elections, adopt, purchase or otherwise procure, and provide for 23
37	37	the use of any electronic or electromechanical voting system 24
38	38	approved by the Department of State in all or a portion of the 25
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40	40	HB 359 2024
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0359-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	election precincts of that county. Thereafter the electronic or 26
52	52	electromechanical voting system may be used for voting at all 27
53	53	elections for public and party offices and on all measures and 28
54	54	for receiving, registering, and counting the votes thereof in 29
55	55	such election precincts as the governing body directs. A county 30
56	56	may must use an electronic or electromechanical precinct -count 31
57	57	tabulation voting system or may count ballots by hand at the 32
58	58	precinct level. 33
59	59	Section 2. Subsection (5) is added to section 101.5605, 34
60	60	Florida Statutes, to read: 35
61	61	101.5605 Examination and approval of equipment. — 36
62	62	(5) The Department of State may not approve any voting 37
63	63	system that: 38
64	64	(a) Incorporates hardware or software that is designed, 39
65	65	produced, owned, or licensed by an entity that is owned, 40
66	66	operated, or majority-controlled by a foreign company or a 41
67	67	domestic company registered in another country, including a 42
68	68	domesticated foreign corporation, or by a person who is not a 43
69	69	United States citizen. 44
70	70	(b) Is produced, in whole or in part, including soft ware, 45
71	71	hardware, tabulating equipment, printers, and any other 46
72	72	accessories, in a foreign country. 47
73	73	Section 3. Section 101.5607, Florida Statutes, is amended 48
74	74	to read: 49
75	75	101.5607 Department of State to maintain voting system 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	information; prepare software. — 51
89	89	(1)(a) Copies of the program codes and the user and 52
90	90	operator manuals and copies of all software and any other 53
91	91	information, specifications, or documentation required by the 54
92	92	Department of State relating to an approved electronic or 55
93	93	electromechanical votin g system and its equipment must be filed 56
94	94	with the Department of State by the supervisor of elections at 57
95	95	the time of purchase or implementation. Any such information or 58
96	96	materials that are not on file with and approved by the 59
97	97	Department of State, including a ny updated or modified 60
98	98	materials, may not be used in an election. Such information and 61
99	99	materials must be made available to the public on the Department 62
100	100	of State's website at least 3 months before an election in which 63
101	101	it will be used. 64
102	102	(b) Within 24 hours after the completion of any logic and 65
103	103	accuracy test conducted pursuant to s. 101.5612, the supervisor 66
104	104	of elections shall send by certified mail to the Department of 67
105	105	State a copy of the tabulation program which was used in the 68
106	106	logic and accuracy testing. 69
107	107	(c) The Department of State may, at any time, review the 70
108	108	voting system of any county to ensure compliance with the 71
109	109	Electronic Voting Systems Act. 72
110	110	(d) Section 119.071(1)(f) applies to all software on file 73
111	111	with the Department of State. 74
112	112	(2)(a) The Department of State may develop software for 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	use with an electronic or electromechanical voting system. The 76
126	126	standards and examination procedures developed for software 77
127	127	apply to all software developed by the Department of State. 78
128	128	(b) Software prepared, and software held pursuant to 79
129	129	paragraph (1)(a), by the Department of State is a public record 80
130	130	pursuant to chapter 119 and must shall be provided at the actual 81
131	131	cost of duplication. 82
132	132	Section 4. This act shall take effect July 1, 2024. 83