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