Florida 2024 Regular Session

Florida House Bill H1035 Compare Versions

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

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3	3	HB 1035 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1035-00
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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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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to elections; providing short titles; 2
16	16	amending s. 20.32, F.S.; requiring the Florida 3
17	17	Commission on Offender Review to develop and maintain 4
18	18	a database containing certain information for a 5
19	19	certain purpose; requiring certain governmental 6
20	20	entities to provide certain information to the 7
21	21	commission; requiring the Department of Management 8
22	22	Services, acting through the Florida Digital Service, 9
23	23	to provide certain technical assistance to the 10
24	24	commission; authorizing the department to adopt rules; 11
25	25	requiring the commission to make the database 12
26	26	available to the public on an Internet website by a 13
27	27	certain date; requiring the commission to update the 14
28	28	database monthly and publish certain information on 15
29	29	the website; requiring the commission to provide a 16
30	30	comprehensive plan to the Governor and Legislature by 17
31	31	a certain date; providing requirements for such plan; 18
32	32	prohibiting certain persons from being charged with 19
33	33	certain violations; requiring the commission to adopt 20
34	34	rules; amending s. 97.021, F.S.; providing 21
35	35	definitions; repealing s. 97.022, F.S., relating to 22
36	36	the Office of Election Crimes and Security; repealing 23
37	37	s. 97.0291, F.S., relating to a prohibition on the use 24
38	38	of private funds for election -related expenses; 25
39	39
40	40	HB 1035 2024
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42	42
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45	45	hb1035-00
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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
48	48
49	49
50	50
51	51	creating s. 97.0293, F.S.; prohibiting certain 26
52	52	governmental entities from taking certain actions 27
53	53	relating to elections; providing a rebuttable 28
54	54	presumption; prohibiting a local government from 29
55	55	employing certain election methods; requiring courts 30
56	56	to adhere to certain guidelines when making certain 31
57	57	determinations; providing factors that courts may 32
58	58	consider when making certain determinations; 33
59	59	prohibiting courts from considering certain factors 34
60	60	when making certain determinations; requiring a 35
61	61	plaintiff to send a certain notification letter to a 36
62	62	local government in ce rtain circumstances; providing 37
63	63	requirements for such letter; authorizing a local 38
64	64	government to adopt a certain resolution in certain 39
65	65	circumstances; providing requirements for such 40
66	66	resolution; prohibiting a local government from 41
67	67	asserting the doctrine of la ches as a defense to 42
68	68	certain claims; authorizing certain persons to file 43
69	69	certain actions; creating s. 97.02935, F.S.; providing 44
70	70	a definition; requiring the Florida Voting Rights Acts 45
71	71	Commission to designate certain languages for which 46
72	72	assistance in voting and elections must be provided in 47
73	73	certain circumstances; requiring the commission to 48
74	74	find that a significant and substantial need exists in 49
75	75	certain circumstances; requiring the commission to 50
76	76
77	77	HB 1035 2024
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80	80
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82	82	hb1035-00
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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
85	85
86	86
87	87
88	88	annually publish a certain list on its website; 51
89	89	requiring a local government to provide certain 52
90	90	assistance in voting and elections; providing 53
91	91	requirements for such assistance; requiring the 54
92	92	commission to adopt certain rules; authorizing certain 55
93	93	persons to file certain claims; creating s. 97.0294, 56
94	94	F.S.; requiring the com mission to enter into an 57
95	95	agreement with one or more universities to create the 58
96	96	Florida Voting and Elections Database and Institute; 59
97	97	providing requirements for the database and institute; 60
98	98	authorizing the database and institute to take certain 61
99	99	actions; requiring the database and institute to 62
100	100	maintain certain data and records in an electronic 63
101	101	format and make such data and records available to the 64
102	102	public; requiring state agencies and local governments 65
103	103	to timely provide the director of the database and 66
104	104	institute with certain information; requiring each 67
105	105	local government to transmit to the database and 68
106	106	institute copies of certain information within a 69
107	107	certain period; authorizing certain persons to file 70
108	108	certain actions; requiring the database and institute 71
109	109	to publish a certain report annually within a certain 72
110	110	period; providing a rebuttable presumption; creating 73
111	111	s. 97.0295, F.S.; establishing the Florida Voting 74
112	112	Rights Act Commission; providing that the commission 75
113	113
114	114	HB 1035 2024
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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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123	123
124	124
125	125	is not a unit of any other state agency; providing for 76
126	126	selection, compensation, terms, and qualifications of 77
127	127	commissioners; providing powers of the commission; 78
128	128	authorizing the commission to hire staff, make 79
129	129	expenditures, and adopt rules; creating s. 97.0296, 80
130	130	F.S.; providing that the enactment or implementation 81
131	131	of certain policies by a covered jurisdiction is 82
132	132	subject to preclearance by the commission; requiring 83
133	133	the commission to annually make and publish a certain 84
134	134	determination online; requiring a covered jurisdiction 85
135	135	to seek preclearance from the commission in a certain 86
136	136	manner; authorizing the commission to deny 87
137	137	preclearance in certain circumstances; providing 88
138	138	requirements for review of certain covered policies; 89
139	139	authorizing certain persons to file certain actions; 90
140	140	requiring the commission to adopt certain rules; 91
141	141	creating s. 97.0297, F.S.; providing construction; 92
142	142	prohibiting the assertion of certain immunities and 93
143	143	privileges in certain circumstances; creating s. 94
144	144	97.0298, F.S.; authorizing a court to order certain 95
145	145	appropriate remedies; authorizing a court to conside r 96
146	146	certain remedies; requiring a court to grant a 97
147	147	temporary injunction or certain other relief in 98
148	148	certain circumstances; requiring a court to award 99
149	149	certain fees and costs to a prevailing party in 100
150	150
151	151	HB 1035 2024
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158	158	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
159	159
160	160
161	161
162	162	certain circumstances; creating s. 97.0299, F.S.; 101
163	163	establishing a voter education fund to be administered 102
164	164	by the commission; authorizing the commission to 103
165	165	expend moneys from the fund for certain purposes; 104
166	166	creating s. 97.0556, F.S.; authorizing certain persons 105
167	167	to register to vote and immediately thereafter cast a 106
168	168	vote in certain circumstances; amending s. 97.057, 107
169	169	F.S.; authorizing the Department of Highway Safety and 108
170	170	Motor Vehicles to preregister certain individuals to 109
171	171	vote; providing that driver license or identification 110
172	172	card applications, driver license or identifica tion 111
173	173	card renewal applications, and applications for a 112
174	174	change of address for existing driver licenses or 113
175	175	identification cards submitted to the department serve 114
176	176	as voter registration applications; providing that an 115
177	177	applicant is deemed to have consented to t he use of 116
178	178	his or her signature for voter registration purposes; 117
179	179	providing an exception; requiring specified 118
180	180	applications to include a voter registration 119
181	181	component, subject to approval by the Department of 120
182	182	State; specifying requirements for such component; 121
183	183	requiring the Department of Highway Safety and Motor 122
184	184	Vehicles to electronically transmit voter registration 123
185	185	information to the Department of State within a 124
186	186	certain period; requiring the Department of State to 125
187	187
188	188	HB 1035 2024
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190	190
191	191
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193	193	hb1035-00
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195	195	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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197	197
198	198
199	199	provide such information to supervisors of elec tions; 126
200	200	deleting obsolete language; making technical changes; 127
201	201	amending s. 97.0575, F.S.; revising information that a 128
202	202	third-party voter registration organization must 129
203	203	provide to the Division of Elections; removing a 130
204	204	provision that provides for the automatic expiration 131
205	205	of the registration of such organization; removing a 132
206	206	provision that requires such organization to provide a 133
207	207	certain receipt to an applicant; removing a provision 134
208	208	that requires such organization to deliver a voter 135
209	209	registration application to a ce rtain supervisor of 136
210	210	elections; revising the period within which such 137
211	211	organization must deliver such applications to the 138
212	212	division or a supervisor of elections; revising the 139
213	213	amounts of certain fines; removing a provision that 140
214	214	subjects such organization to ce rtain fines for 141
215	215	certain acts committed by a person collecting 142
216	216	applications on behalf of such organization; removing 143
217	217	a provision that requires the division to adopt by 144
218	218	rule a certain form and certain rules; removing a 145
219	219	provision that prohibits such organizat ion from 146
220	220	prefilling certain information on an application and 147
221	221	that provides for certain fines; removing a provision 148
222	222	relating to retroactive application of certain 149
223	223	requirements; amending s. 98.045, F.S.; conforming a 150
224	224
225	225	HB 1035 2024
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232	232	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
233	233
234	234
235	235
236	236	cross-reference; creating s. 100.51, F.S .; 151
237	237	establishing General Election Day as a paid holiday; 152
238	238	authorizing an elector to absent himself or herself 153
239	239	from service or employment during a certain period on 154
240	240	such day; prohibiting such elector from being 155
241	241	penalized or having his or her salary or wages r educed 156
242	242	for such absence; creating s. 101.016, F.S.; requiring 157
243	243	the Division of Elections to maintain a strategic 158
244	244	elections equipment reserve of voting systems for 159
245	245	specified purposes; requiring such reserve to include 160
246	246	specified equipment; authorizing the div ision to 161
247	247	contract with specified entities rather than 162
248	248	maintaining a physical reserve of such equipment; 163
249	249	repealing s. 101.019, F.S., relating to a prohibition 164
250	250	on ranked-choice voting; amending s. 101.048, F.S.; 165
251	251	authorizing a voter to cast a provisional vote at any 166
252	252	precinct in the county in which the voter claims to be 167
253	253	registered; amending s. 101.62, F.S.; providing that a 168
254	254	request for a vote-by-mail ballot is valid until such 169
255	255	request is canceled; revising the deadline by which 170
256	256	requests for vote-by-mail ballots must be received by 171
257	257	a supervisor of elections; removing provisions 172
258	258	providing requirements for a person designated by an 173
259	259	elector to pick up the elector's vote -by-mail ballot; 174
260	260	requiring the extension of deadlines in certain 175
261	261
262	262	HB 1035 2024
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269	269	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
270	270
271	271
272	272
273	273	circumstances; amending s. 101.6 4, F.S.; requiring 176
274	274	supervisors of elections to enclose a postage prepaid 177
275	275	mailing envelope with each vote -by-mail ballot; 178
276	276	authorizing vote-by-mail ballot voter's certificates 179
277	277	to be signed with the last four digits of the voter's 180
278	278	social security number; amen ding s. 101.69, F.S.; 181
279	279	removing a provision that limits the use of a secure 182
280	280	ballot intake station to certain hours and that 183
281	281	requires certain monitoring; removing a provision that 184
282	282	subjects a supervisor of elections to a civil penalty 185
283	283	in certain circumstances ; amending s. 104.0515, F.S.; 186
284	284	prohibiting a person from deceiving, or attempting to 187
285	285	deceive, another person for certain purposes; 188
286	286	specifying certain acts that violate a certain 189
287	287	prohibition; authorizing certain persons to file 190
288	288	certain civil actions; requiri ng a court to impose 191
289	289	certain remedies; amending s. 104.42, F.S.; conforming 192
290	290	a provision to changes made by the act; providing an 193
291	291	effective date. 194
292	292	195
293	293	WHEREAS, electoral systems that deny race, color, or 196
294	294	language minority groups an equal opportunity to ele ct 197
295	295	candidates of their choice and influence the outcome of an 198
296	296	election are inconsistent with the right to equal treatment 199
297	297	before the law as provided in s. 2, Art. I of the State 200
298	298
299	299	HB 1035 2024
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306	306	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
307	307
308	308
309	309
310	310	Constitution as well as protections found in the Fourteenth and 201
311	311	Fifteenth Amendments to the United States Constitution, and 202
312	312	WHEREAS, following United States Supreme Court decisions in 203
313	313	Shelby County v. Holder and Brnovich v. Democratic National 204
314	314	Committee, the landmark federal Voting Rights Act of 1965 has 205
315	315	been severely diminished in its ability to protect the freedom 206
316	316	of black and brown voters to fully participate in the political 207
317	317	processes of our democratic republic, and 208
318	318	WHEREAS, Harry T. Moore and Harriette V. Moore were the 209
319	319	first true civil rights activists of the modern civil rig hts era 210
320	320	in the State of Florida, and were instrumental in registering 211
321	321	more than 100,000 black voters in the state, and 212
322	322	WHEREAS, Harry T. Moore and Harriette V. Moore paid the 213
323	323	ultimate price for the freedoms fought for their community when 214
324	324	their home in Mims was bombed by members of the Ku Klux Klan on 215
325	325	the night of Christmas, December 25, 1951, and 216
326	326	WHEREAS, By the time of their death, Florida had the 217
327	327	highest number of registered black voters, far more than any 218
328	328	other state in the South, and 219
329	329	WHEREAS, this bill expands on voting rights granted under 220
330	330	the federal Voting Rights Act of 1965, reaffirms the well -221
331	331	established principle of "one person, one vote," and builds on 222
332	332	the historical work of the named and nameless Floridians who 223
333	333	fought for their right to the e lective franchise, and 224
334	334	WHEREAS, given their history and the intended impact of 225
335	335
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343	343	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
344	344
345	345
346	346
347	347	this act on voting rights in this state, it is appropriate to 226
348	348	name this act after Harry T. Moore and Harriette V. Moore, NOW, 227
349	349	THEREFORE, 228
350	350	229
351	351	Be It Enacted by the Legislature of the State of Florida: 230
352	352	231
353	353	Section 1. Sections 4, 7 through 14, and 26 of this act 232
354	354	may be cited as the "Florida Voting Rights Act" or the "FLVRA." 233
355	355	Sections 2, 3, 5, 6, and 15 through 25 of this act may be cited 234
356	356	as the "Expanding Voter Access Act" or the "E VAA." This act as a 235
357	357	whole may be cited as the "Harry T. Moore and Harriette V. Moore 236
358	358	Florida Voting Rights Act." 237
359	359	Section 2. Subsection (4) is added to section 20.32, 238
360	360	Florida Statutes, to read: 239
361	361	20.32 Florida Commission on Offender Review. — 240
362	362	(4)(a) For the purpose of assisting a person who has been 241
363	363	disqualified from voting based on a felony conviction other than 242
364	364	murder or a felony sexual offense in determining whether he or 243
365	365	she has met the requirements under s. 98.0751 and had his or her 244
366	366	voting rights restored pursuant to s. 4, Art. VI of the State 245
367	367	Constitution, the commission shall develop and maintain a 246
368	368	database that contains for each such person all of the 247
369	369	following: 248
370	370	1. His or her name and any other personal identifying 249
371	371	information. 250
372	372
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380	380	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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384	384	2. The remaining length of any term of supervision, 251
385	385	including, but not limited to, probation, community control, or 252
386	386	parole, ordered by a court as a part of his or her sentence. 253
387	387	3. The remaining amount of any restitution owed to a 254
388	388	victim as ordered by a court as a part of his or her sentence. 255
389	389	4. The remaining amount due of any fines or fees that were 256
390	390	initially ordered by a court as a part of his or her sentence or 257
391	391	as a condition of any form of supervision, including, but not 258
392	392	limited to, probation, community con trol, or parole. 259
393	393	5. The completion status of any other term ordered by a 260
394	394	court as a part of his or her sentence. 261
395	395	6. Any other information needed to determine whether he or 262
396	396	she has met the requirements for restoration of voting rights 263
397	397	under s. 98.0751. 264
398	398	(b) The Department of State, the Department of 265
399	399	Corrections, clerks of the circuit courts, county comptrollers, 266
400	400	and the Board of Executive Clemency shall monthly provide to the 267
401	401	commission any information held by such governmental entity 268
402	402	which is required under paragraph (a). 269
403	403	(c) The Department of Management Services, acting through 270
404	404	the Florida Digital Service, shall provide any technical 271
405	405	assistance necessary for the commission to develop and maintain 272
406	406	the database. The Department of Management Services ma y adopt 273
407	407	rules to provide such assistance. 274
408	408	(d) By July 1, 2027, the commission shall make the 275
409	409
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417	417	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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421	421	database available to the public on an Internet website. The 276
422	422	commission must update the database monthly with the information 277
423	423	received from each governmental ent ity under paragraph (b). The 278
424	424	commission shall publish on the website clear instructions that 279
425	425	a person who has been disqualified from voting based on a felony 280
426	426	conviction other than murder or a felony sexual offense may 281
427	427	follow to have his or her voting right s restored and to register 282
428	428	to vote. 283
429	429	(e) By July 1, 2025, the commission shall provide a 284
430	430	comprehensive plan to the Governor, the President of the Senate, 285
431	431	and the Speaker of the House of Representatives which includes 286
432	432	all of the following: 287
433	433	1. The governmental entities from which and the methods by 288
434	434	which the commission shall collect, centralize, analyze, and 289
435	435	secure the information required to be included in the database. 290
436	436	2. A description of any infrastructure and services, 291
437	437	including, but not limited to, software, hardware, and 292
438	438	information technology services, that may be necessary to create 293
439	439	and maintain the database. 294
440	440	3. The anticipated number of additional employees 295
441	441	necessary for: 296
442	442	a. The commission to develop and maintain the database. 297
443	443	b. A governmental entity to provide the information 298
444	444	required under paragraph (b). 299
445	445	c. The Florida Digital Service to provide the assistance 300
446	446
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454	454	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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456	456
457	457
458	458	required under paragraph (c). 301
459	459	4. The anticipated cost to initially develop the database; 302
460	460	annual cost to maintain the database; and annual appropriation 303
461	461	required to fund the anticipated costs of the commission, each 304
462	462	governmental entity, and the Florida Digital Service. 305
463	463	5. Any legal authority necessary for the commission to 306
464	464	develop and maintain the database. 307
465	465	6. Draft legislatio n to implement the comprehensive plan. 308
466	466	(f) Notwithstanding any law to the contrary, a person who 309
467	467	registers to vote or who votes in reasonable reliance on 310
468	468	information contained in the database indicating that his or her 311
469	469	voting rights have been restored pu rsuant to s. 4, Art. VI of 312
470	470	the State Constitution has an affirmative right to register to 313
471	471	vote and to vote and may not be charged with a violation of any 314
472	472	criminal law of this state related to fraudulently voting or 315
473	473	registering to vote. 316
474	474	(g) The commission shall adopt rules to implement this 317
475	475	subsection. 318
476	476	Section 3. Subsections (5) through (8), (9) through (17), 319
477	477	(18), (19) through (31), (32) through (35), and (36) through 320
478	478	(47) of section 97.021, Florida Statutes, are renumbered as 321
479	479	subsections (7) through (10), (12) through (20), (23), (25) 322
480	480	through (37), (39) through (42), and (44) through (55), 323
481	481	respectively, and new subsections (5), (6), (11), (21), (22), 324
482	482	(24), (38), and (43) are added to that section to read: 325
483	483
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491	491	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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493	493
494	494
495	495	97.021 Definitions. —For the purposes of this code, except 326
496	496	where the context clearly indicates otherwise, the term: 327
497	497	(5) "Alternative method of election" means a method of 328
498	498	electing candidates to the legislative body of a local 329
499	499	government other than an at -large method of election or a 330
500	500	district-based method of election, and includes, but is not 331
501	501	limited to, ranked-choice voting, cumulative voting, and limited 332
502	502	voting. 333
503	503	(6) "At-large method of election" means any of the 334
504	504	following methods of electing members to the governing body of a 335
505	505	political subdivisio n, but does not include any alternative 336
506	506	method of election in which: 337
507	507	(a) The voters of the entire jurisdiction elect the 338
508	508	members to the governing body. 339
509	509	(b) The candidates are required to reside within given 340
510	510	areas of the jurisdiction and the voters of t he entire 341
511	511	jurisdiction elect the members to the governing body. 342
512	512	(c) At-large elections are combined with district -based 343
513	513	elections. 344
514	514	(11) "District-based method of election" means a method of 345
515	515	electing candidates to the legislative body of a local 346
516	516	government in which, for counties or municipalities divided into 347
517	517	districts, a candidate for any such district is required to 348
518	518	reside in the district and candidates representing or seeking to 349
519	519	represent the district are voted upon by only the voters of the 350
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528	528	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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530	530
531	531
532	532	district. 351
533	533	(21) "Government enforcement action" means any denial of 352
534	534	administrative or judicial preclearance by the state or federal 353
535	535	government, pending litigation filed by a state or federal 354
536	536	entity, final judgment or adjudication, consent decree, or other 355
537	537	similar formal action. 356
538	538	(22) "Legislative body" means the commission, council, 357
539	539	school board, or other similar body, by whatever name known, of 358
540	540	local government. 359
541	541	(24) "Local government" means an entity that administers 360
542	542	elections or in which elections are conduct ed and includes a 361
543	543	county, municipality, school district, special district, or 362
544	544	supervisor of elections. 363
545	545	(38) "Protected class" means a class of citizens who are 364
546	546	members of a race, color, or language minority group, as 365
547	547	referenced in the federal Voting Righ ts Act of 1965. 366
548	548	(43) "Racially polarized voting" means voting in which the 367
549	549	candidate or electoral choice preferred by protected class 368
550	550	members diverges from the candidate or electoral choice 369
551	551	preferred by voters who are not protected class members. 370
552	552	Section 4. Section 97.022, Florida Statutes, is repealed. 371
553	553	Section 5. Section 97.0291, Florida Statutes, is repealed. 372
554	554	Section 6. Section 97.0293, Florida Statutes, is created 373
555	555	to read: 374
556	556	97.0293 Prohibition on voter suppression and vote 375
557	557
558	558	HB 1035 2024
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb1035-00
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565	565	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
566	566
567	567
568	568
569	569	dilution.— 376
570	570	(1) A local government, state agency, or state official 377
571	571	may not implement a regulation, standard, practice, procedure, 378
572	572	or policy regarding the administration of elections, or take or 379
573	573	fail to take any action, that results or is intended to result 380
574	574	in: 381
575	575	(a) A disparity among protected class members in electoral 382
576	576	participation, access to voting opportunities, or ability to 383
577	577	participate in the political process; or 384
578	578	(b) Based on the totality of the circumstances, an 385
579	579	impairment of the opportunity or ability of a loc al government's 386
580	580	protected class members to participate in the political process 387
581	581	and elect candidates of their choice or otherwise influence the 388
582	582	outcome of elections. 389
583	583	(2) There is a rebuttable presumption that paragraph 390
584	584	(1)(b) is violated in circumstances that include, but are not 391
585	585	limited to, any of the following: 392
586	586	(a) A local government closes, moves, consolidates, or 393
587	587	fails to provide polling places, early voting sites, or secure 394
588	588	ballot intake stations, or reassigns voters to precincts or 395
589	589	precincts to polling places, in a manner that impairs the right 396
590	590	to vote of members of a protected class or results in a 397
591	591	disparity in geographic access between members of a protected 398
592	592	class and other members of the electorate. 399
593	593	(b) A local government selects or changes da tes or hours 400
594	594
595	595	HB 1035 2024
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb1035-00
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602	602	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
603	603
604	604
605	605
606	606	of an election or for early voting in a manner that impairs the 401
607	607	right to vote of members of a protected class, including, but 402
608	608	not limited to, making the change without proper notice as 403
609	609	required by law. 404
610	610	(c) A local government fails to provide voting or election 405
611	611	materials in languages other than English as required by law. 406
612	612	(d) A local government conducts general or primary 407
613	613	elections on dates that do not align with the dates of federal 408
614	614	or state general or primary elections, resulting in a disp arity 409
615	615	in levels of participation between protected class voters and 410
616	616	other voters that exceeds any disparity in federal or state 411
617	617	general or primary elections. 412
618	618	(e) A special election to fill a vacancy is called on a 413
619	619	date that would reasonably result in a d isparity in levels of 414
620	620	participation between protected class voters and other voters, 415
621	621	and there exists an alternate date in a reasonable timeframe in 416
622	622	which the disparity would be materially less significant. 417
623	623	(f) A special election to fill a vacancy is not scheduled 418
624	624	within a reasonable timeframe for an office in which protected 419
625	625	class voters would be able to elect candidates of their choice 420
626	626	or otherwise influence the outcome of elections, thus denying 421
627	627	representation to protected class voters. 422
628	628	(3) A local government may not employ a method of election 423
629	629	for any office that has the effect, or is motivated in part by 424
630	630	the intent, of impairing the opportunity or ability of protected 425
631	631
632	632	HB 1035 2024
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb1035-00
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639	639	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
640	640
641	641
642	642
643	643	class members to participate in the political process and elect 426
644	644	candidates of their choice or otherwise influence the outcome of 427
645	645	elections as a result of diluting the vote of such protected 428
646	646	class members. This subsection is violated in any of the 429
647	647	following circumstances: 430
648	648	(a) A local government employs an at -large method of 431
649	649	election and: 432
650	650	1. Elections in the local government exhibit racially 433
651	651	polarized voting resulting in an impairment of the equal 434
652	652	opportunity or ability of protected class members to nominate or 435
653	653	elect candidates of their choice; or, based on the totality of 436
654	654	the circumstances, the equal opportunity or ability of members 437
655	655	of a protected class to nominate or elect candidates of their 438
656	656	choice is impaired; and 439
657	657	2. One or more new methods of election or modifications to 440
658	658	the existing method of election exist that the court could order 441
659	659	pursuant to s. 97.0298 that would likely mitigate the impairment 442
660	660	of the equal opportunity or ability of protected class members 443
661	661	to nominate or elect candidates of their choice. To the extent 444
662	662	that the new method of election or modification is a propo sed 445
663	663	district-based plan that provides members of a protected class 446
664	664	with one or more reasonably configured districts in which they 447
665	665	would have an equal opportunity or ability to nominate or elect 448
666	666	candidates of their choice, it is not necessary to show that 449
667	667	members of a protected class comprise a majority in any such 450
668	668
669	669	HB 1035 2024
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671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb1035-00
675	675	Page 19 of 84
676	676	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
677	677
678	678
679	679
680	680	district or districts. 451
681	681	(b) A local government employs a district -based or 452
682	682	alternative method of election and: 453
683	683	1. Elections in the local government exhibit racially 454
684	684	polarized voting resulting i n an impairment of the equal 455
685	685	opportunity or ability of protected class members to nominate or 456
686	686	elect candidates of their choice; or, based on the totality of 457
687	687	the circumstances, the equal opportunity or ability of members 458
688	688	of a protected class to nominate or elect candidates of their 459
689	689	choice is impaired; and 460
690	690	2. One or more new methods of election or modifications to 461
691	691	the existing method of election exist that the court could order 462
692	692	pursuant to s. 97.0298 that would likely mitigate the impairment 463
693	693	of the equal opportunity or ability of protected class members 464
694	694	to nominate or elect candidates of their choice. To the extent 465
695	695	that the new method of election or modification is a proposed 466
696	696	district-based plan that provides members of a protected class 467
697	697	with one or more rea sonably configured districts in which they 468
698	698	would have an equal opportunity or ability to nominate or elect 469
699	699	candidates of their choice, it is not necessary to show that 470
700	700	members of a protected class comprise a majority in any such 471
701	701	district or districts. 472
702	702	(4) For the purpose of determining whether racially 473
703	703	polarized voting by protected class members in a local 474
704	704	government occurs under this section, courts shall adhere to all 475
705	705
706	706	HB 1035 2024
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
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713	713	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
714	714
715	715
716	716
717	717	of the following guidelines: 476
718	718	(a) Elections conducted before the filing of a cause of 477
719	719	action are more probative than elections conducted after the 478
720	720	filing of a cause of action. 479
721	721	(b) Evidence concerning an election for any office in that 480
722	722	local government, including executive, legislative, judicial, 481
723	723	and other offices of that local government , is more probative 482
724	724	than evidence concerning an election for any other office, but 483
725	725	evidence concerning an election for another office may still be 484
726	726	afforded probative value. 485
727	727	(c) Statistical evidence is more probative than non -486
728	728	statistical evidence. 487
729	729	(d) In the case of claims brought on behalf of two or more 488
730	730	protected classes that are politically cohesive in that local 489
731	731	government, members of those protected classes must be combined 490
732	732	to determine whether voting by those combined protected class 491
733	733	members is polarized from other electors. It is not necessary to 492
734	734	demonstrate that voting by members of each protected class is 493
735	735	separately polarized from other electors. 494
736	736	(e) Evidence concerning the causes of, or the reasons for, 495
737	737	the occurrence of racially polarized vo ting is not relevant to 496
738	738	the determination of whether racially polarized voting by 497
739	739	protected class members occurs, or whether candidates or 498
740	740	electoral choices preferred by protected class members would 499
741	741	usually be defeated. In particular, evidence concerning 500
742	742
743	743	HB 1035 2024
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745	745
746	746
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750	750	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
751	751
752	752
753	753
754	754	alternate explanations for racially polarized voting patterns or 501
755	755	election outcomes, including, but not limited to, partisan 502
756	756	explanations, may not be considered. 503
757	757	(f) Evidence concerning whether subgroups of protected 504
758	758	class members have different voting pa tterns may not be 505
759	759	considered. 506
760	760	(g) Evidence concerning whether protected class electors 507
761	761	are geographically compact or concentrated may not be 508
762	762	considered, but may be considered when determining a remedy for 509
763	763	a violation of this section. 510
764	764	(5) For the purpose of determining whether, based on the 511
765	765	totality of the circumstances, an impairment of the right to 512
766	766	vote for any protected class member, or of the opportunity or 513
767	767	ability of protected class members to participate in the 514
768	768	political process and elect candidate s of their choice or 515
769	769	otherwise influence the outcome of elections, has occurred, 516
770	770	courts may consider factors including, but not limited to, those 517
771	771	designated in this subsection. A particular combination or 518
772	772	number of these factors is not required for a court to determine 519
773	773	that an impairment occurred. The court shall consider a 520
774	774	particular factor only if and to the extent that evidence 521
775	775	pertaining to that factor is introduced. Evidence of these 522
776	776	factors is most probative if the evidence relates to the local 523
777	777	government in which the alleged violation occurred, but still 524
778	778	holds probative value if the evidence relates to the geographic 525
779	779
780	780	HB 1035 2024
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb1035-00
786	786	Page 22 of 84
787	787	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
788	788
789	789
790	790
791	791	region in which that local government is located or to this 526
792	792	state. The factors that a court may consider include, but are 527
793	793	not limited to, the following: 528
794	794	(a) The history of discrimination. 529
795	795	(b) The extent to which protected class members have been 530
796	796	elected to office. 531
797	797	(c) Any action by the local government that may enhance 532
798	798	the dilutive effects of a method of election in the local 533
799	799	government. Such actions may include the use of any 534
800	800	qualification for voter eligibility or other prerequisite to 535
801	801	voting; any statute, ordinance, regulation, or other law 536
802	802	regarding the administration of elections; or any standard, 537
803	803	practice, procedure, or policy. 538
804	804	(d) The extent of any history of unequal access on the 539
805	805	part of protected class members or candidates to election 540
806	806	administration or campaign finance processes that determine 541
807	807	which candidates will receive access to the ballot or financial 542
808	808	or other support in a given election for an office of the local 543
809	809	government. 544
810	810	(e) The extent to which protected class members in the 545
811	811	local government or state have historically made expenditures as 546
812	812	defined in s. 106.011 at lower rates than other individuals. 547
813	813	(f) The extent to which protected class members vote at 548
814	814	lower rates than other voters. 549
815	815	(g) The extent to which protected class members are 550
816	816
817	817	HB 1035 2024
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819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb1035-00
823	823	Page 23 of 84
824	824	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
825	825
826	826
827	827
828	828	disadvantaged or otherwise bear the effects of public or private 551
829	829	discrimination in areas that may hinder their ability to 552
830	830	participate effectively in the political process, such as 553
831	831	education, employment, health, criminal justice, housing, 554
832	832	transportation, land use, or environmental protection. 555
833	833	(h) The extent to which protected class members are 556
834	834	disadvantaged in other areas that may hinder their ability to 557
835	835	participate effectively in the political process. 558
836	836	(i) The use of overt or subtle racial appeals in political 559
837	837	campaigns, by government officials, or surrounding the adoption 560
838	838	or maintenance of a challenged practice. 561
839	839	(j) The extent to which candidates face hostility or 562
840	840	barriers while campaigning due to their membership in a 563
841	841	protected class. 564
842	842	(k) The lack of responsiveness by elected officials to the 565
843	843	particular needs of protected class members or a community of 566
844	844	protected class memb ers. 567
845	845	(l) Whether the particular method of election, ordinance, 568
846	846	regulation, or other law regarding the administration of 569
847	847	elections, standard, practice, procedure, or policy was designed 570
848	848	to advance, and materially advances, a valid and substantiated 571
849	849	state interest. 572
850	850	(6) In determining whether a violation of this section has 573
851	851	occurred, a court may not consider any of the following factors: 574
852	852	(a) The total number or share of members of a protected 575
853	853
854	854	HB 1035 2024
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
859	859	hb1035-00
860	860	Page 24 of 84
861	861	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
862	862
863	863
864	864
865	865	class on whom a challenged method of election, ordinance, 576
866	866	resolution, rule, policy, standard, regulation, procedure, or 577
867	867	law does not impose a material burden. 578
868	868	(b) The degree to which the challenged method of election, 579
869	869	ordinance, resolution, rule, policy, standard, regulation, 580
870	870	procedure, or law has a long pedigree o r was in widespread use 581
871	871	at some earlier date. 582
872	872	(c) The use of an identical or similar challenged method 583
873	873	of election, ordinance, resolution, rule, policy, standard, 584
874	874	regulation, procedure, or law in another local government. 585
875	875	(d) The availability of other forms of voting unimpacted 586
876	876	by the challenged method of election, ordinance, resolution, 587
877	877	rule, policy, standard, regulation, procedure, or law to all 588
878	878	members of the electorate, including members of the protected 589
879	879	class. 590
880	880	(e) A prophylactic impact on potential criminal activity 591
881	881	by individual electors, if those crimes have not occurred in the 592
882	882	local government in substantial numbers, or if the connection 593
883	883	between the challenged policy and any claimed prophylactic 594
884	884	effect is not supported by substantial evi dence. 595
885	885	(f) Mere invocation of interests in voter confidence or 596
886	886	prevention of fraud. 597
887	887	(g) A lack of evidence concerning the intent of electors, 598
888	888	elected officials, or public officials to discriminate against 599
889	889	protected class members. 600
890	890
891	891	HB 1035 2024
892	892
893	893
894	894
895	895	CODING: Words stricken are deletions; words underlined are additions.
896	896	hb1035-00
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898	898	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
899	899
900	900
901	901
902	902	(h) The fact that th e challenged method of election, 601
903	903	ordinance, resolution, rule, policy, standard, regulation, 602
904	904	procedure, or law is authorized or mandated by any provision of 603
905	905	general law or any special act, charter or home rule ordinance, 604
906	906	or other enactment of the state or a ny local government. 605
907	907	(7) Before filing an action against a local government 606
908	908	pursuant to this section, a prospective plaintiff must send by 607
909	909	certified mail, return receipt requested, a Florida Voting 608
910	910	Rights Act notification letter, hereinafter referred to as an 609
911	911	"FLVRA notification letter," to the local government asserting 610
912	912	that the local government may be in violation of this act. 611
913	913	(a) Except as noted in paragraph (e), a party may not file 612
914	914	an action against a local government earlier than 50 days after 613
915	915	sending an FLVRA notification letter to the local government. 614
916	916	(b) Before receiving an FLVRA notification letter, or not 615
917	917	later than 50 days after any FLVRA notification letter is sent 616
918	918	to a local government, a local government may adopt a Florida 617
919	919	Voting Rights Act resolution, hereinafter referred to as an 618
920	920	"FLVRA resolution," that does all of the following: 619
921	921	1. Identifies a potential violation of this section by the 620
922	922	local government. 621
923	923	2. Identifies a specific remedy to the potential 622
924	924	violation. 623
925	925	3. Affirms the local government's intention to enact and 624
926	926	implement a remedy for a potential violation. 625
927	927
928	928	HB 1035 2024
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb1035-00
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935	935	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
936	936
937	937
938	938
939	939	4. Sets forth specific measures the local government will 626
940	940	take to facilitate enactment and implementation of the remedy. 627
941	941	5. Provides a schedule for the enact ment and 628
942	942	implementation of the remedy. 629
943	943	(c) Except as provided in paragraph (e), a party that has 630
944	944	sent an FLVRA notification letter may not file an action 631
945	945	pursuant to this section earlier than 90 days after the adoption 632
946	946	of an FLVRA notification letter. 633
947	947	(d) If the remedy identified in an FLVRA resolution is 634
948	948	barred by state or local law, or a legislative body of a local 635
949	949	government lacks authority under state or local law to enact or 636
950	950	implement a remedy identified in an FLVRA resolution within 90 637
951	951	days after the adoption of the FLVRA resolution, or if the local 638
952	952	government is a covered jurisdiction under s. 97.0296(3), the 639
953	953	local government may nonetheless enact and implement the remedy 640
954	954	identified in an FLVRA resolution upon approval of the FLVRA 641
955	955	Commission, which may only provide approval if the commission 642
956	956	finds that the local government may be in violation of this act, 643
957	957	the proposed remedy would address a potential violation, and 644
958	958	implementation of the proposed remedy is feasible. The approval 645
959	959	of a remedy by the FLVRA Commission does not bar an action to 646
960	960	challenge the remedy. 647
961	961	(e) If, pursuant to this subsection, a local government 648
962	962	enacts or implements a remedy or the FLVRA Commission approves a 649
963	963	proposed remedy, a party who sent a FLVRA notification letter 650
964	964
965	965	HB 1035 2024
966	966
967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
970	970	hb1035-00
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972	972	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
973	973
974	974
975	975
976	976	may submit a claim for reimbursement from the local government 651
977	977	for the costs associated with producing and sending the FLVRA 652
978	978	notification letter. The party shall submit the claim in writing 653
979	979	and substantiate the claim with financial documentation, 654
980	980	including a detailed invoice for any demography services or 655
981	981	analysis of voting patterns in the local government. If a party 656
982	982	and local government fail to agree to a reimbursement amount, 657
983	983	either the party or local government may file an action for a 658
984	984	declaratory judgment fo r a clarification of rights. 659
985	985	(f) Notwithstanding this subsection, a party may bring a 660
986	986	cause of action for a violation of this section under any of the 661
987	987	following circumstances: 662
988	988	1. The action is commenced within 1 year after the 663
989	989	adoption of the challenge d method of election, ordinance, 664
990	990	resolution, rule, policy, standard, regulation, procedure, or 665
991	991	law. 666
992	992	2. The prospect of obtaining relief under this section 667
993	993	would be futile. 668
994	994	3. Another party has already submitted an FLVRA 669
995	995	notification letter under this s ubsection alleging a 670
996	996	substantially similar violation and that party is eligible to 671
997	997	bring a cause of action under this subsection. 672
998	998	4. Following the party's submission of an FLVRA 673
999	999	notification letter, the local government has adopted an FLVRA 674
1000	1000	resolution that identifies a remedy that does not remedy the 675
1001	1001
1002	1002	HB 1035 2024
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1004	1004
1005	1005
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1009	1009	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
1010	1010
1011	1011
1012	1012
1013	1013	violation identified in the party's FLVRA notification letter. 676
1014	1014	5. The party is seeking preliminary relief with respect to 677
1015	1015	an upcoming election in accordance with s. 97.0298. 678
1016	1016	(8) A local government may not assert the doctrine of 679
1017	1017	laches as a defense to a claim brought under this section. A 680
1018	1018	local government may not assert that a plaintiff has failed to 681
1019	1019	comply with any notice, exhaustion, or other procedural 682
1020	1020	requirements under general law other than the requir ements in 683
1021	1021	this section as a defense to a claim brought under this section. 684
1022	1022	(9) Any individual aggrieved by a violation of this 685
1023	1023	section, any entity whose membership includes individuals 686
1024	1024	aggrieved by a violation of this section, any entity whose 687
1025	1025	mission would be frustrated by a violation of this section, any 688
1026	1026	entity that would expend resources in order to fulfill its 689
1027	1027	mission as a result of a violation of this section, the Attorney 690
1028	1028	General, or the FLVRA Commission may file an action alleging a 691
1029	1029	violation of this section to enforce compliance with this 692
1030	1030	section. Such a claim may be filed pursuant to the Florida Rules 693
1031	1031	of Civil Procedure or in the Second Judicial Circuit. Members of 694
1032	1032	two or more protected classes that are politically cohesive in a 695
1033	1033	local government may jointly file an action. 696
1034	1034	Section 7. Section 97.02935, Florida Statutes, is created 697
1035	1035	to read: 698
1036	1036	97.02935 Language access. — 699
1037	1037	(1) As used in this section, the term "limited English 700
1038	1038
1039	1039	HB 1035 2024
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1041	1041
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1046	1046	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
1047	1047
1048	1048
1049	1049
1050	1050	proficient individual" means an individual who does not speak 701
1051	1051	English as his or her primary language and who speaks, reads, or 702
1052	1052	understands the English language less than "very well" in 703
1053	1053	accordance with United States Census Bureau data or data of 704
1054	1054	comparable quality collected by a governmental entity. 705
1055	1055	(2) The FLVRA Commission m ust designate one or more 706
1056	1056	languages other than English for which assistance in voting and 707
1057	1057	elections must be provided in a local government if the FLVRA 708
1058	1058	Commission finds that a significant and substantial need for 709
1059	1059	assistance exists. 710
1060	1060	(3) The FLVRA Commissi on shall find that a significant and 711
1061	1061	substantial need exists if, based on the best available data, 712
1062	1062	which may include information from the United States Census 713
1063	1063	Bureau's American Community Survey or data of comparable quality 714
1064	1064	collected by a governmental enti ty: 715
1065	1065	(a) More than 2 percent, but not fewer than 200, of the 716
1066	1066	citizens of voting age of a local government speak a language 717
1067	1067	other than English and are limited English proficient 718
1068	1068	individuals. 719
1069	1069	(b) More than 4,000 of the citizens of voting age of the 720
1070	1070	local government speak a language other than English and are 721
1071	1071	limited English proficient individuals. 722
1072	1072	(c) In the case of a local government that contains any 723
1073	1073	part of a Native American reservation, more than 2 percent of 724
1074	1074	the Native American citizens of voting ag e within the Native 725
1075	1075
1076	1076	HB 1035 2024
1077	1077
1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
1081	1081	hb1035-00
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1083	1083	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
1084	1084
1085	1085
1086	1086
1087	1087	American reservation are proficient in a language other than 726
1088	1088	English and are limited English proficient individuals. As used 727
1089	1089	in this subsection, the term "Native American" includes any 728
1090	1090	person recognized by the United States Census Burea u or the 729
1091	1091	state as "American Indian." 730
1092	1092	(4) The FLVRA Commission must annually publish on its 731
1093	1093	website a list of each local government in which assistance in 732
1094	1094	voting and elections in a language other than English must be 733
1095	1095	provided, and each designated language in which such assistance 734
1096	1096	must be provided in each local government. The FLVRA 735
1097	1097	Commission's determinations under this section are effective 736
1098	1098	upon publication. The FLVRA Commission must distribute this 737
1099	1099	information to each affected local government. 738
1100	1100	(5) A local government must provide assistance in voting 739
1101	1101	and elections, including related materials, in any language 740
1102	1102	designated by the FLVRA Commission under subsection (4) to 741
1103	1103	voters in the local government who are limited English 742
1104	1104	proficient individuals. 743
1105	1105	(6) Whenever the FLVRA Commission determines, pursuant to 744
1106	1106	this section, that language assistance must be provided in a 745
1107	1107	local government, the local government must provide competent 746
1108	1108	assistance in each designated language and provide related 747
1109	1109	materials in English, and in each designated language, including 748
1110	1110	voter registration or voting notices, forms, instructions, 749
1111	1111	assistance, ballots, or other materials or information relating 750
1112	1112
1113	1113	HB 1035 2024
1114	1114
1115	1115
1116	1116
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1120	1120	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
1121	1121
1122	1122
1123	1123
1124	1124	to the electoral process, except in the case of a language that 751
1125	1125	is oral or unwritten, incl uding historically unwritten as may be 752
1126	1126	the case for some Native Americans, a local government may 753
1127	1127	provide only oral instructions, assistance, or other information 754
1128	1128	relating to the electoral process in such language. All 755
1129	1129	materials provided in a designated la nguage must be of an equal 756
1130	1130	quality to the corresponding English materials. All provided 757
1131	1131	translations must convey the intent and essential meaning of the 758
1132	1132	original text or communication and may not rely solely on an 759
1133	1133	automatic translation service. Whenever av ailable, language 760
1134	1134	assistance must also include live translation. 761
1135	1135	(7) The FLVRA Commission must adopt rules to establish a 762
1136	1136	review process under which the FLVRA Commission will determine 763
1137	1137	whether a significant and substantial need exists in a local 764
1138	1138	government for a language to be designated for the provision of 765
1139	1139	assistance in voting and elections. This process must include, 766
1140	1140	at a minimum, all of the following: 767
1141	1141	(a) An opportunity to request that the FLVRA Commission 768
1142	1142	consider designating a language in a local government which must 769
1143	1143	be made available to any voter, organization whose membership 770
1144	1144	includes or is likely to include voters, organization whose 771
1145	1145	mission would be frustrated by a local government's failure to 772
1146	1146	provide language assistance, or organization that would expend 773
1147	1147	resources in order to fulfill the organization's mission as a 774
1148	1148	result of such a failure. 775
1149	1149
1150	1150	HB 1035 2024
1151	1151
1152	1152
1153	1153
1154	1154	CODING: Words stricken are deletions; words underlined are additions.
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1157	1157	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
1158	1158
1159	1159
1160	1160
1161	1161	(b) An opportunity for public comment. 776
1162	1162	(c) That upon receipt of any such request and 777
1163	1163	consideration of any public comment, the FLVRA Commission may, 778
1164	1164	in accordance with the process for making this determination, 779
1165	1165	designate any language in a local government. 780
1166	1166	(8) Any individual aggrieved by a violation of this 781
1167	1167	section, any entity whose membership includes individuals 782
1168	1168	aggrieved by a violation of this secti on, any entity whose 783
1169	1169	mission would be frustrated by a violation of this section, any 784
1170	1170	entity that would expend resources in order to fulfill its 785
1171	1171	mission as a result of a violation of this section, the Attorney 786
1172	1172	General, or the FLVRA Commission may file an ac tion alleging a 787
1173	1173	violation of this section. Such a claim may be filed pursuant to 788
1174	1174	the Florida Rules of Civil Procedure or in the Second Judicial 789
1175	1175	Circuit. 790
1176	1176	Section 8. Section 97.0294, Florida Statutes, is created 791
1177	1177	to read: 792
1178	1178	97.0294 Florida Voting and Elec tions Database and 793
1179	1179	Institute.— 794
1180	1180	(1) The FLVRA Commission shall enter into an agreement 795
1181	1181	with one or more universities to create the Florida Voting and 796
1182	1182	Elections Database and Institute, hereinafter referred to as the 797
1183	1183	"database and institute," to maintain an d administer a central 798
1184	1184	repository of elections and voting data available to the public 799
1185	1185	from all local governments in this state and to foster, pursue, 800
1186	1186
1187	1187	HB 1035 2024
1188	1188
1189	1189
1190	1190
1191	1191	CODING: Words stricken are deletions; words underlined are additions.
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1194	1194	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
1195	1195
1196	1196
1197	1197
1198	1198	and sponsor research on existing laws and best practices in 801
1199	1199	voting and elections. The parties to the agre ement shall enter 802
1200	1200	into a memorandum of understanding that includes the process for 803
1201	1201	selecting the director of the database and institute. 804
1202	1202	(2) The database and institute shall provide a center for 805
1203	1203	research, training, and information on voting systems and 806
1204	1204	election administration. The database and institute may do any 807
1205	1205	of the following: 808
1206	1206	(a) Conduct classes both for credit and noncredit. 809
1207	1207	(b) Organize interdisciplinary groups of scholars to 810
1208	1208	research voting and elections. 811
1209	1209	(c) Conduct seminars relating to vo ting and elections. 812
1210	1210	(d) Establish a nonpartisan centralized database in order 813
1211	1211	to collect, archive, and make publicly available at no cost an 814
1212	1212	accessible database pertaining to elections, voter registration, 815
1213	1213	and ballot access. 816
1214	1214	(e) Assist in the dissemination of election data to the 817
1215	1215	public. 818
1216	1216	(f) Publish books and periodicals as the database and 819
1217	1217	institute considers appropriate on voting and elections. 820
1218	1218	(g) Provide nonpartisan technical assistance to local 821
1219	1219	governments, scholars, and the general pu blic seeking to use the 822
1220	1220	resources of the database and institute. 823
1221	1221	(3) The database and institute shall maintain in an 824
1222	1222	electronic format all relevant election and voting data and 825
1223	1223
1224	1224	HB 1035 2024
1225	1225
1226	1226
1227	1227
1228	1228	CODING: Words stricken are deletions; words underlined are additions.
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1231	1231	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
1232	1232
1233	1233
1234	1234
1235	1235	records for at least the previous 12 -year period. The data and 826
1236	1236	records maintained by the database and institute must be posted 827
1237	1237	online and made available to the public at no cost. The data and 828
1238	1238	records that must be maintained include, but are not limited to, 829
1239	1239	all of the following: 830
1240	1240	(a) Estimates of the total population, voting age 831
1241	1241	population, and citizen voting age population by racial, color, 832
1242	1242	or language minority group and disability status, aggregated by 833
1243	1243	precinct level, on an annual basis, for every local government 834
1244	1244	in this state, based on data from the United States Census 835
1245	1245	Bureau's American Community Survey or data of comparable quality 836
1246	1246	collected by a public office. The estimates shall be prepared by 837
1247	1247	applying the most advanced, peer -reviewed, and validated 838
1248	1248	methodologies available. 839
1249	1249	(b) Election results, aggregated by precinct level , for 840
1250	1250	every federal, state, and local election held in every local 841
1251	1251	government in this state. 842
1252	1252	(c) Contemporaneous voter registration lists, voter 843
1253	1253	history files, election day polling places, and absentee voter 844
1254	1254	ballot drop box locations for every election i n every local 845
1255	1255	government in this state. Absentee voter ballot drop box 846
1256	1256	locations must be made available in a geospatial file format. 847
1257	1257	(d) Contemporaneous maps or other documentation of the 848
1258	1258	configuration of precincts, which must be made available in a 849
1259	1259	geospatial file format. 850
1260	1260
1261	1261	HB 1035 2024
1262	1262
1263	1263
1264	1264
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1268	1268	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
1269	1269
1270	1270
1271	1271
1272	1272	(e) Election day polling places, including, but not 851
1273	1273	limited to, lists of precincts assigned to each polling place, 852
1274	1274	if applicable. Election day polling places must be made 853
1275	1275	available in a geospatial file format. 854
1276	1276	(f) Adopted districtin g or redistricting plans for every 855
1277	1277	election in every local government in this state. 856
1278	1278	(g) A current record, updated to the current month, of 857
1279	1279	persons eligible to register to vote with prior criminal 858
1280	1280	convictions whose eligibility has been restored in compli ance 859
1281	1281	with s. 98.0751. 860
1282	1282	(h) Any other data that the director of the database and 861
1283	1283	institute considers necessary to maintain in furtherance of the 862
1284	1284	purposes of the database and institute. 863
1285	1285	(4) All state agencies and local governments shall timely 864
1286	1286	provide the director of the database and institute with any 865
1287	1287	information he or she requests. Within 90 days after an 866
1288	1288	election, each local government shall transmit to the database 867
1289	1289	and institute copies of all of the following: 868
1290	1290	(a) Election results, aggregated by prec inct level. 869
1291	1291	(b) Contemporaneous voter registration lists. 870
1292	1292	(c) Voter history files. 871
1293	1293	(d) Maps, descriptions, and shapefiles for election 872
1294	1294	districts. 873
1295	1295	(e) Lists of election day polling places, shapefiles, or 874
1296	1296	descriptions of the precincts assigned to each election day 875
1297	1297
1298	1298	HB 1035 2024
1299	1299
1300	1300
1301	1301
1302	1302	CODING: Words stricken are deletions; words underlined are additions.
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1305	1305	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
1306	1306
1307	1307
1308	1308
1309	1309	polling place. 876
1310	1310	(f) Any other data as requested by the database and 877
1311	1311	institute. 878
1312	1312	(5) At least annually, or upon the request of the direct or 879
1313	1313	of the database and institute, any state entity identified by 880
1314	1314	the director as possessing data, statistics, or other 881
1315	1315	information that the database and institute requires to carry 882
1316	1316	out its duties and responsibilities shall provide such data, 883
1317	1317	statistics, or information to the database and institute. 884
1318	1318	(6) If a state agency or local government fails to provide 885
1319	1319	any information to the database and institute as required by 886
1320	1320	this section, any individual aggrieved by such a violation, any 887
1321	1321	entity whose membership in cludes individuals aggrieved by such a 888
1322	1322	violation, any entity whose mission would be frustrated by such 889
1323	1323	a violation, any entity that would expend resources in order to 890
1324	1324	fulfill its mission as a result of such a violation, the 891
1325	1325	director of the database and ins titute, the Attorney General, or 892
1326	1326	the FLVRA Commission may file an action to enforce compliance 893
1327	1327	with this section. Such a claim may be filed pursuant to the 894
1328	1328	Florida Rules of Civil Procedure or in the Second Judicial 895
1329	1329	Circuit. 896
1330	1330	(7) Within 90 days after the e nd of each state fiscal 897
1331	1331	year, the database and institute shall publish and make 898
1332	1332	available to the public a report relating to its priorities and 899
1333	1333	finances. 900
1334	1334
1335	1335	HB 1035 2024
1336	1336
1337	1337
1338	1338
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1342	1342	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
1343	1343
1344	1344
1345	1345
1346	1346	(8) There shall be a rebuttable presumption that the data 901
1347	1347	and records maintained by the database and institute are valid. 902
1348	1348	Section 9. Section 97.0295, Florida Statutes, is created 903
1349	1349	to read: 904
1350	1350	97.0295 Florida Voting Rights Act Commission. — 905
1351	1351	(1) The Florida Voting Rights Act Commission, hereinafter 906
1352	1352	referred to as the "FLVRA Commission," a commission as defined 907
1353	1353	in s. 20.03, is created in the department. The FLVRA Commission 908
1354	1354	is responsible for administering this act. 909
1355	1355	(2) The FLVRA Commission shall consist of five 910
1356	1356	commissioners, each of whom shall serve staggered 5 -year terms. 911
1357	1357	Commissioners shall be compe nsated for their actual time spent 912
1358	1358	on FLVRA Commission business at an hourly rate based on the rate 913
1359	1359	equivalent to an assistant attorney general. 914
1360	1360	(a) A nominating committee shall be formed to identify 915
1361	1361	qualified candidates to serve as members of the FLVRA 916
1362	1362	Commission. The nominating committee shall be comprised of 917
1363	1363	nominating organizations, to be selected as follows: 918
1364	1364	1. Organizations may apply with the Secretary of State to 919
1365	1365	be certified as a nominating organization for 5 -year terms, at 920
1366	1366	which point organizat ions may be recertified. The Secretary of 921
1367	1367	State must certify any organization that applies to be a 922
1368	1368	nominating organization if it meets all of the following 923
1369	1369	requirements: 924
1370	1370	a. Demonstrated commitment to the purpose of the FLVRA 925
1371	1371
1372	1372	HB 1035 2024
1373	1373
1374	1374
1375	1375
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1379	1379	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
1380	1380
1381	1381
1382	1382
1383	1383	Commission and securing the v oting rights of protected class 926
1384	1384	members as defined by the FLVRA Commission, including, but not 927
1385	1385	limited to, reference to such protected class members in its 928
1386	1386	mission statement, involvement in numerous voting rights cases 929
1387	1387	brought within the state on behalf of members of protected 930
1388	1388	classes, or involvement in advocacy in support of the FLVRA 931
1389	1389	Commission. 932
1390	1390	b. Registered as a nonprofit corporation with the 933
1391	1391	Secretary of State. 934
1392	1392	c. In continuous operation as a nonprofit organization 935
1393	1393	under s. 501(c)(3) of the Interna l Revenue Code or as a 936
1394	1394	nonprofit corporation registered with the Secretary of State for 937
1395	1395	at least 20 years. 938
1396	1396	2. If the Secretary of State fails to timely certify an 939
1397	1397	organization that satisfies these qualifications following the 940
1398	1398	organization's application t o be certified as a nominating 941
1399	1399	organization, such organization may file an action against the 942
1400	1400	Secretary of State for a declaratory judgment certifying the 943
1401	1401	organization as a nominating organization. 944
1402	1402	3. A nominating organization may be removed for cause by a 945
1403	1403	majority vote of all of the nominating organizations. 946
1404	1404	4. If there are fewer than 16 nominating organizations 947
1405	1405	certified by the Secretary of State, the nominating committee 948
1406	1406	shall consist of all of the nominating organizations. If there 949
1407	1407	are 16 or more nominating organizations certified by the 950
1408	1408
1409	1409	HB 1035 2024
1410	1410
1411	1411
1412	1412
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1416	1416	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
1417	1417
1418	1418
1419	1419
1420	1420	Secretary of State, the nominating committee shall consist of 15 951
1421	1421	nominating organizations to be randomly selected from all 952
1422	1422	nominating organizations on an annual basis. 953
1423	1423	5. The nominating committee shall select its o wn chair to 954
1424	1424	preside over meetings and voting. 955
1425	1425	(b) Commissioners shall be selected as follows: 956
1426	1426	1. The nominating committee shall solicit applications to 957
1427	1427	serve on the FLVRA Commission from across the state. 958
1428	1428	Commissioners must meet all of the following cr iteria: 959
1429	1429	a. Be a Florida resident. 960
1430	1430	b. Be a member of The Florida Bar with at least 5 years of 961
1431	1431	legal experience. 962
1432	1432	c. Have demonstrated experience representing or advocating 963
1433	1433	on behalf of members of protected classes. 964
1434	1434	d. Have not served in elected offic e within the previous 5 965
1435	1435	years. 966
1436	1436	e. Not currently serve in any government office or hold 967
1437	1437	any political party office. 968
1438	1438	2. The nominating committee shall maintain a qualified 969
1439	1439	candidate pool consisting of 30 qualified candidates to serve on 970
1440	1440	the FLVRA Commission. Individuals shall only be added to the 971
1441	1441	qualified candidate pool upon a three -fifths vote of the 972
1442	1442	nominating committee. The size of the qualified candidate pool 973
1443	1443	may be increased or decreased from 30 qualified individuals by a 974
1444	1444	three-fifths vote of the no minating committee. 975
1445	1445
1446	1446	HB 1035 2024
1447	1447
1448	1448
1449	1449
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1453	1453	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
1454	1454
1455	1455
1456	1456
1457	1457	3. All members of the FLVRA Commission shall be randomly 976
1458	1458	selected from the qualified candidate pool. Upon the initial 977
1459	1459	formation of the FLVRA Commission, five commissioners shall be 978
1460	1460	randomly selected from the qualified candidate pool a nd randomly 979
1461	1461	assigned to term lengths of 5 years, 4 years, 3 years, 2 years, 980
1462	1462	and 1 year. At least 60 days before the conclusion of each 981
1463	1463	commissioner's term, a new commissioner shall be randomly 982
1464	1464	selected from the qualified candidate pool to serve a 5 -year 983
1465	1465	term upon the conclusion of the current commissioner's term. 984
1466	1466	Within 30 days after a vacancy occurs on the FLVRA Commission, a 985
1467	1467	new commissioner shall be randomly selected from the qualified 986
1468	1468	candidate pool to complete the vacant term. 987
1469	1469	(3) In any action or in vestigation to enforce this act, 988
1470	1470	the FLVRA Commission may subpoena witnesses; administer oaths; 989
1471	1471	examine individuals under oath; determine material facts; and 990
1472	1472	compel production of records, books, papers, contracts, and 991
1473	1473	other documents in accordance with the ordinary rules of civil 992
1474	1474	procedure. 993
1475	1475	(4) The FLVRA Commission may hire staff and make 994
1476	1476	expenditures as necessary to carry out its responsibilities. 995
1477	1477	(5) The FLVRA Commission may adopt rules to administer 996
1478	1478	this act. 997
1479	1479	Section 10. Section 97.0296, Florida Statutes, is created 998
1480	1480	to read: 999
1481	1481	97.0296 Preclearance. — 1000
1482	1482
1483	1483	HB 1035 2024
1484	1484
1485	1485
1486	1486
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1490	1490	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
1491	1491
1492	1492
1493	1493
1494	1494	(1) The enactment or implementation of a covered policy by 1001
1495	1495	a covered jurisdiction is subject to preclearance by the FLVRA 1002
1496	1496	Commission. 1003
1497	1497	(2) A covered policy includes any new or modified 1004
1498	1498	qualification for voter registration, prerequisite to voting, or 1005
1499	1499	ordinance, regulation, standard, practice, procedure, or policy 1006
1500	1500	concerning: 1007
1501	1501	(a) Districting or redistricting. 1008
1502	1502	(b) Method of election. 1009
1503	1503	(c) Form of government. 1010
1504	1504	(d) Annexation, incorporation, dissolu tion, consolidation, 1011
1505	1505	or division of a local government. 1012
1506	1506	(e) Removal of individuals from registry lists or 1013
1507	1507	enrollment lists and other activities concerning any such list. 1014
1508	1508	(f) Hours of any early voting site, or location or number 1015
1509	1509	of early voting sites, p olling places, or secure ballot intake 1016
1510	1510	station. 1017
1511	1511	(g) Assignment of voting precincts to polling place or 1018
1512	1512	secure ballot intake station locations. 1019
1513	1513	(h) Assistance offered to protected class members. 1020
1514	1514	(i) Any additional subject matter identified by the FLVR A 1021
1515	1515	Commission pursuant to a rule adopted by the FLVRA Commission, 1022
1516	1516	if the FLVRA Commission determines that any qualification for 1023
1517	1517	voter registration, prerequisite to voting, or ordinance, 1024
1518	1518	regulation, standard, practice, procedure, or policy concerning 1025
1519	1519
1520	1520	HB 1035 2024
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1522	1522
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1527	1527	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
1528	1528
1529	1529
1530	1530
1531	1531	such subject matter may have the effect of diminishing the right 1026
1532	1532	to vote of any protected class member or have the effect of 1027
1533	1533	violating this act. 1028
1534	1534	(3) A covered jurisdiction includes all of the following: 1029
1535	1535	(a) Any local government that, within the previous 25 1030
1536	1536	years, has been subject to any court order, government 1031
1537	1537	enforcement action, court -approved consent decree, or other 1032
1538	1538	settlement in which the local government conceded liability, 1033
1539	1539	based upon a violation of this act, the federal Voting Rights 1034
1540	1540	Act of 1965, the Fif teenth Amendment to the United States 1035
1541	1541	Constitution, a voting -related violation of the Fourteenth 1036
1542	1542	Amendment to the United States Constitution, or violation of any 1037
1543	1543	other state or federal election law based upon discrimination 1038
1544	1544	against members of a protected c lass. 1039
1545	1545	(b) Any local government that, within the previous 25 1040
1546	1546	years, has been subject to any court order, government 1041
1547	1547	enforcement action, court -approved consent decree, or other 1042
1548	1548	settlement in which the local government conceded liability, 1043
1549	1549	based upon a violation of any state or federal civil rights law 1044
1550	1550	or the Fourteenth Amendment to the United States Constitution 1045
1551	1551	concerning discrimination against members of a protected class. 1046
1552	1552	(c) Any local government that, during the prior 3 years, 1047
1553	1553	has failed to comply with that local government's obligations to 1048
1554	1554	provide data or information to the statewide database pursuant 1049
1555	1555	to s. 97.0294. 1050
1556	1556
1557	1557	HB 1035 2024
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1559	1559
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1564	1564	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
1565	1565
1566	1566
1567	1567
1568	1568	(d) Any local government that, within the previous 25 1051
1569	1569	years, was found to have enacted or implemented a covered policy 1052
1570	1570	without obtaining preclearance for such covered policy pursuant 1053
1571	1571	to this section. 1054
1572	1572	(e) Any local government that contains at least 1,000 1055
1573	1573	eligible voters of any protected class, or in which members of 1056
1574	1574	any protected class constitute at least 10 percent of the 1057
1575	1575	eligible voter population of the local government, and in which, 1058
1576	1576	in any year in the previous 10 years, the percentage of voters 1059
1577	1577	of any protected class in a local government that participated 1060
1578	1578	in any general election for any local government office is at 1061
1579	1579	least 10 percentage points lower than the percentage of all 1062
1580	1580	voters in the local government that participated in such 1063
1581	1581	election. 1064
1582	1582	(f) Any local government that contains at least 1,000 1065
1583	1583	eligible voters of any protected class, or in which members of 1066
1584	1584	any protected class constitu te at least 10 percent of the 1067
1585	1585	eligible voter population of the local government, and in which, 1068
1586	1586	in any year in the previous 10 years, the percentage of eligible 1069
1587	1587	voters of that protected class who were registered to vote was 1070
1588	1588	at least 10 percentage points low er than the percentage of all 1071
1589	1589	eligible voters in the local government who were registered to 1072
1590	1590	vote. 1073
1591	1591	(g) Any county that contains at least 1,000 eligible 1074
1592	1592	voters of any protected class, or in which members of any 1075
1593	1593
1594	1594	HB 1035 2024
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1601	1601	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
1602	1602
1603	1603
1604	1604
1605	1605	protected class constitute at least 10 perce nt of the eligible 1076
1606	1606	voter population of the local government, and in which, in any 1077
1607	1607	year in the previous 10 years, the arrest rate among members of 1078
1608	1608	such protected class exceeds the arrest rate among the 1079
1609	1609	population of the local government as a whole by at lea st 10 1080
1610	1610	percentage points. 1081
1611	1611	(h) Any local government that contains at least 1,000 1082
1612	1612	eligible voters of any protected class, or in which members of 1083
1613	1613	any protected class constitute at least 10 percent of the 1084
1614	1614	eligible voter population of the local government, and in which, 1085
1615	1615	in any year in the previous 10 years, based on data made 1086
1616	1616	available by the United States Census, the dissimilarity index 1087
1617	1617	of such protected class, calculated using census tracts, is in 1088
1618	1618	excess of 50 with respect to the race, color, or language -1089
1619	1619	minority group that comprises a plurality within the local 1090
1620	1620	government. 1091
1621	1621	(i) Any school district that contains at least 1,000 1092
1622	1622	eligible voters of any protected class, or in which members of 1093
1623	1623	any protected class constitute at least 10 percent of the 1094
1624	1624	eligible voter population of the local government, and in which, 1095
1625	1625	in any year in the previous 10 years, the graduation rate of 1096
1626	1626	such protected class is lower than the graduation rate of the 1097
1627	1627	entire district student population by at least 10 percentage 1098
1628	1628	points. 1099
1629	1629	(j) Any local government that contains at least 1,000 1100
1630	1630
1631	1631	HB 1035 2024
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1638	1638	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
1639	1639
1640	1640
1641	1641
1642	1642	eligible voters of any protected class, or in which members of 1101
1643	1643	any protected class constitute at least 10 percent of the 1102
1644	1644	eligible voter population of the local government, and in which, 1103
1645	1645	in any year in the previou s 10 years, the poverty rate among 1104
1646	1646	members of such protected class exceeds the poverty rate among 1105
1647	1647	the population of the local government as a whole by at least 10 1106
1648	1648	percentage points. 1107
1649	1649	(4) The FLVRA Commission must annually determine which 1108
1650	1650	local governments are covered jurisdictions and publish a list 1109
1651	1651	of these local governments online. 1110
1652	1652	(5) If a covered jurisdiction seeks preclearance from the 1111
1653	1653	FLVRA Commission for the adoption or implementation of any 1112
1654	1654	covered policy, the covered jurisdiction must submit the covered 1113
1655	1655	policy to the FLVRA Commission in writing and may obtain 1114
1656	1656	preclearance in accordance with this subsection. 1115
1657	1657	(a) The FLVRA Commission shall review the covered policy 1116
1658	1658	submitted for preclearance, including any public comment, and 1117
1659	1659	make a determination to grant or deny preclearance. The covered 1118
1660	1660	jurisdiction shall bear the burden of proof in any preclearance 1119
1661	1661	determinations. 1120
1662	1662	(b) The FLVRA Commission may only deny preclearance to a 1121
1663	1663	submitted covered policy if the commission determines that the 1122
1664	1664	covered policy is likely to diminish the opportunity or ability 1123
1665	1665	of protected class members to participate in the political 1124
1666	1666	process and elect candidates of their choice or otherwise 1125
1667	1667
1668	1668	HB 1035 2024
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1670	1670
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1675	1675	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
1676	1676
1677	1677
1678	1678
1679	1679	influence the outcome of elections or that the covered policy is 1126
1680	1680	likely to violate this act. If the FLVRA Commission denies 1127
1681	1681	preclearance, the applicable covered jurisdiction may not enact 1128
1682	1682	or implement the cover ed policy. The FLVRA Commission shall 1129
1683	1683	provide written explanation of any denial. 1130
1684	1684	(c) If the FLVRA Commission grants preclearance to a 1131
1685	1685	covered policy, the covered jurisdiction may immediately enact 1132
1686	1686	or implement the covered policy. A determination by the F LVRA 1133
1687	1687	Commission to grant preclearance may not be admissible in or 1134
1688	1688	otherwise considered by a court in any subsequent action 1135
1689	1689	challenging the covered policy. If the FLVRA Commission fails to 1136
1690	1690	deny or grant preclearance to a submitted covered policy within 1137
1691	1691	the time period sets forth in paragraph (d), the covered policy 1138
1692	1692	is deemed precleared, and the covered jurisdiction may enact or 1139
1693	1693	implement the covered policy. 1140
1694	1694	(d) If a covered policy concerns the method of election 1141
1695	1695	for a legislative body, districting or redis tricting, the number 1142
1696	1696	of seats on the legislative body, or annexation, incorporation, 1143
1697	1697	dissolution, consolidation, or division of a local government, 1144
1698	1698	the FLVRA Commission shall review the covered policy, including 1145
1699	1699	any public comment, and make a determination to deny or grant 1146
1700	1700	preclearance within 60 days after the submission of the covered 1147
1701	1701	policy. The FLVRA Commission may invoke up to two extensions of 1148
1702	1702	90 days each to make such a determination. For all other covered 1149
1703	1703	policies, the FLVRA Commission shall review t he covered policy, 1150
1704	1704
1705	1705	HB 1035 2024
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1707	1707
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1712	1712	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
1713	1713
1714	1714
1715	1715
1716	1716	including any public comment, and make a determination to deny 1151
1717	1717	or grant preclearance within 30 days after the submission of the 1152
1718	1718	covered policy. The FLVRA Commission may invoke an extension of 1153
1719	1719	60 days to make such a determination. 1154
1720	1720	(e) Any denial of preclearance under this section may be 1155
1721	1721	appealed only by the covered jurisdiction, and shall be filed in 1156
1722	1722	the Second Judicial Circuit. 1157
1723	1723	(6) If any covered jurisdiction enacts or implements a 1158
1724	1724	covered policy without obtaining preclearance for suc h covered 1159
1725	1725	policy in accordance with this section, any individual aggrieved 1160
1726	1726	by such a violation, any entity whose membership includes 1161
1727	1727	individuals aggrieved by such a violation, any entity whose 1162
1728	1728	mission would be frustrated by such a violation, any entity tha t 1163
1729	1729	would expend resources in order to fulfill its mission as a 1164
1730	1730	result of such a violation, the director of the database and 1165
1731	1731	institute, the Attorney General, or the FLVRA Commission may 1166
1732	1732	file an action to enjoin enactment or implementation and seek 1167
1733	1733	sanctions against the covered jurisdiction for violations of 1168
1734	1734	this section. Such a claim may be filed pursuant to the Florida 1169
1735	1735	Rules of Civil Procedure or in the Second Judicial Circuit. A 1170
1736	1736	claim under this subsection does not preclude, bar, or limit any 1171
1737	1737	other claims that may be brought regarding the covered policy in 1172
1738	1738	any way, including claims brought under other sections of this 1173
1739	1739	act. 1174
1740	1740	(7) If the FLVRA Commission approves preclearance to a 1175
1741	1741
1742	1742	HB 1035 2024
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1744	1744
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1749	1749	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
1750	1750
1751	1751
1752	1752
1753	1753	covered policy in violation of this section, identifies or fails 1176
1754	1754	to identify a list of local governments that are covered 1177
1755	1755	jurisdictions in violation of this section, or otherwise fails 1178
1756	1756	to properly implement any of the provisions of this section, any 1179
1757	1757	individual aggrieved by such a violation, any entity whose 1180
1758	1758	membership includes individ uals aggrieved by such a violation, 1181
1759	1759	any entity whose mission would be frustrated by such a 1182
1760	1760	violation, or any entity that would expend resources in order to 1183
1761	1761	fulfill its mission as a result of such a violation may file an 1184
1762	1762	action seeking appropriate relief, i ncluding, but not limited 1185
1763	1763	to, injunctive relief, against the FLVRA Commission or any other 1186
1764	1764	party as the court deems necessary to effectuate this section. 1187
1765	1765	Such a claim may be filed pursuant to the Florida Rules of Civil 1188
1766	1766	Procedure or in the Second Judicial C ircuit. A claim under this 1189
1767	1767	subsection does not preclude, bar, or limit any other claims 1190
1768	1768	that may be brought regarding any covered policy in any way, 1191
1769	1769	including claims brought under other sections of this act. 1192
1770	1770	(8) The FLVRA Commission shall adopt rules to effectuate 1193
1771	1771	this section, including regulations concerning the content of 1194
1772	1772	and procedure for preclearance submissions, procedures for 1195
1773	1773	public comment and transparency regarding preclearance 1196
1774	1774	determinations, and procedures for expedited and emergency 1197
1775	1775	preclearance determinations, which may deviate from the 1198
1776	1776	timelines provided in paragraph (5)(d), provided that such 1199
1777	1777	preclearance determinations are preliminary. 1200
1778	1778
1779	1779	HB 1035 2024
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1781	1781
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1786	1786	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
1787	1787
1788	1788
1789	1789
1790	1790	Section 11. Section 97.0297, Florida Statutes, is created 1201
1791	1791	to read: 1202
1792	1792	97.0297 Democracy canon. — 1203
1793	1793	(1) Any provision of the Florida Election Code or any 1204
1794	1794	regulation, charter, home rule ordinance, or other enactment of 1205
1795	1795	the state or any local government relating to the right to vote 1206
1796	1796	must be construed liberally in favor of all of the following: 1207
1797	1797	(a) Protecting the right to cast a ballot and make the 1208
1798	1798	ballot valid. 1209
1799	1799	(b) Ensuring eligible individuals seeking voter 1210
1800	1800	registration are not impaired in being registered. 1211
1801	1801	(c) Ensuring voters are not impaired in voting, including, 1212
1802	1802	but not limited to, having their votes c ounted. 1213
1803	1803	(d) Making the fundamental right to vote more accessible 1214
1804	1804	to eligible voters. 1215
1805	1805	(e) Ensuring equitable access for protected class members 1216
1806	1806	to opportunities to be registered to vote and to vote. 1217
1807	1807	(2) It is the policy of the state to promote the fre e flow 1218
1808	1808	of documents and information concerning the intent of public 1219
1809	1809	officials in actions concerning the right to vote. Accordingly, 1220
1810	1810	in any action under this act, the federal Voting Rights Act of 1221
1811	1811	1965, or a voting-related claim under the State Constitution or 1222
1812	1812	the United States Constitution, no sovereign, governmental, 1223
1813	1813	executive, legislative, or deliberative immunities and 1224
1814	1814	privileges, including any evidentiary privileges, may be 1225
1815	1815
1816	1816	HB 1035 2024
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1823	1823	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
1824	1824
1825	1825
1826	1826
1827	1827	asserted. However, this section does not affect attorney -client 1226
1828	1828	or attorney work-product privileges. 1227
1829	1829	Section 12. Section 97.0298, Florida Statutes, is created 1228
1830	1830	to read: 1229
1831	1831	97.0298 Remedies.— 1230
1832	1832	(1) Whenever a court finds a violation of any provision of 1231
1833	1833	this act, such court shall order appropriate remedies that are 1232
1834	1834	tailored to address such violation and to ensure protected class 1233
1835	1835	members have equitable opportunities to fully participate in the 1234
1836	1836	political process which can be implemented in a manner that will 1235
1837	1837	not unduly disrupt the administration of an ongoing or imminent 1236
1838	1838	election. Appropriate remedies may include, but need not be 1237
1839	1839	limited to: 1238
1840	1840	(a) A district-based method of election. 1239
1841	1841	(b) An alternative method of election. 1240
1842	1842	(c) New or revised districting or redistricting plans. 1241
1843	1843	(d) Eliminating staggered elections so that all members of 1242
1844	1844	the legislative body are elected at the same time. 1243
1845	1845	(e) Reasonably increasing the size of the legislative 1244
1846	1846	body. 1245
1847	1847	(f) Additional voting days or hours. 1246
1848	1848	(g) Additional polling places and early voting sites, as 1247
1849	1849	applicable. 1248
1850	1850	(h) Additional opportunities t o return ballots. 1249
1851	1851	(i) Holding special elections. 1250
1852	1852
1853	1853	HB 1035 2024
1854	1854
1855	1855
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1860	1860	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
1861	1861
1862	1862
1863	1863
1864	1864	(j) Expanding opportunities for voter registration. 1251
1865	1865	(k) Additional voter education. 1252
1866	1866	(l) Restoring or adding individuals to the statewide voter 1253
1867	1867	registration system. 1254
1868	1868	(m) Retaining jurisdiction for such period of time as the 1255
1869	1869	court deems appropriate. 1256
1870	1870	(2) The court shall consider remedies proposed by any 1257
1871	1871	parties to the action or by interested nonparties. The court may 1258
1872	1872	not give deference or priority to a proposed remedy because it 1259
1873	1873	is proposed by the s tate or any local government. 1260
1874	1874	(3) If necessary to remedy a violation of this act, the 1261
1875	1875	court may require a local government to implement a remedy that 1262
1876	1876	is inconsistent with any other provision of general law, 1263
1877	1877	including any special act, charter or home rule ordinance, or 1264
1878	1878	other enactment of the state or any local government. 1265
1879	1879	(4) Notwithstanding the Florida Rules of Civil Procedure 1266
1880	1880	or any other provision of general law, the court shall grant a 1267
1881	1881	temporary injunction and any other preliminary relief requested 1268
1882	1882	under this section with respect to an upcoming election if the 1269
1883	1883	court determines that the party is likely to succeed on the 1270
1884	1884	merits and it is possible to implement an appropriate temporary 1271
1885	1885	remedy that would resolve the violation alleged under this 1272
1886	1886	section before the election. 1273
1887	1887	(5) In any action to enforce this act, the court must 1274
1888	1888	award reasonable attorney fees and litigation costs, including, 1275
1889	1889
1890	1890	HB 1035 2024
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1892	1892
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1897	1897	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
1898	1898
1899	1899
1900	1900
1901	1901	but not limited to, expert witness fees and expenses, to the 1276
1902	1902	party that filed an action, other than the state or any l ocal 1277
1903	1903	government, and that prevailed in such action. The party that 1278
1904	1904	filed the action is deemed to have prevailed when, as a result 1279
1905	1905	of litigation, the party against whom the action was filed has 1280
1906	1906	yielded some or all of the relief sought in the action. In the 1281
1907	1907	case of a party against whom an action was filed and who 1282
1908	1908	prevailed, the court may not award the party any costs unless 1283
1909	1909	the court finds the action to be frivolous, unreasonable, or 1284
1910	1910	without foundation. 1285
1911	1911	Section 13. Section 97.0299, Florida Statutes, is cr eated 1286
1912	1912	to read: 1287
1913	1913	97.0299 Voter education fund. — 1288
1914	1914	(1) There is established a voter education fund to be 1289
1915	1915	administered by the FLVRA Commission. 1290
1916	1916	(2) The FLVRA Commission may expend moneys from the fund 1291
1917	1917	for any of the following purposes: 1292
1918	1918	(a) Developing and distributing educational materials on 1293
1919	1919	voting rights and the voting process, including information on 1294
1920	1920	voter registration, vote -by-mail, and polling place 1295
1921	1921	accessibility. 1296
1922	1922	(b) Conducting public education campaigns to inform voters 1297
1923	1923	about changes to voting la ws, procedures, or polling locations, 1298
1924	1924	and to counteract false or misleading information about voting. 1299
1925	1925	(c) Providing training and resources to local election 1300
1926	1926
1927	1927	HB 1035 2024
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1929	1929
1930	1930
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1934	1934	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
1935	1935
1936	1936
1937	1937
1938	1938	officials, poll workers, and volunteers on how to ensure fair 1301
1939	1939	and equitable access to the ballot for all eligible voters. 1302
1940	1940	(d) Establishing and maintaining voter hotlines, online 1303
1941	1941	portals, or other mechanisms for voters to report incidents of 1304
1942	1942	voter intimidation, suppression, or discrimination, and for 1305
1943	1943	election officials to respond to such reports. 1306
1944	1944	(e) Supporting voter outreach efforts targeted at 1307
1945	1945	historically underrepresented communities, including, but not 1308
1946	1946	limited to, members of protected classes, low -income 1309
1947	1947	individuals, youth, and people with disabilities. 1310
1948	1948	(f) Providing grants to community -based organizations, 1311
1949	1949	civic groups, and civil rights organizations to conduct voter 1312
1950	1950	education and mobilization activities, such as voter 1313
1951	1951	registration drives, candidate forums, and get -out-the-vote 1314
1952	1952	campaigns, or to engage in nonpartisan advocacy, litigation, or 1315
1953	1953	other legal actions to protect voting rights, challenge 1316
1954	1954	discriminatory voting practices, or seek redress for victims of 1317
1955	1955	voter suppression or intimidation. 1318
1956	1956	(g) Partnering with schools and universities to develop 1319
1957	1957	and implement nonpartisan curricula on civic engagement, voting, 1320
1958	1958	and the importance of participating in the democratic process. 1321
1959	1959	(h) Funding research and evaluation projects to assess the 1322
1960	1960	impact of voter education and outreach efforts on voter 1323
1961	1961	participation and civic engagement, and to identify best 1324
1962	1962	practices for improving access to the ballot. 1325
1963	1963
1964	1964	HB 1035 2024
1965	1965
1966	1966
1967	1967
1968	1968	CODING: Words stricken are deletions; words underlined are additions.
1969	1969	hb1035-00
1970	1970	Page 54 of 84
1971	1971	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
1972	1972
1973	1973
1974	1974
1975	1975	Section 14. Section 97.0556, Florida Statutes, is created 1326
1976	1976	to read: 1327
1977	1977	97.0556 Same-day voter registration. —A person who meets 1328
1978	1978	the qualifications to register to vote in s. 97.041 and who 1329
1979	1979	provides the informa tion required for the statewide voter 1330
1980	1980	registration application in s. 97.052 may register at an early 1331
1981	1981	voting site or at his or her polling place and immediately 1332
1982	1982	thereafter cast a ballot. 1333
1983	1983	Section 15. Section 97.057, Florida Statutes, is amended 1334
1984	1984	to read: 1335
1985	1985	97.057 Voter registration by the Department of Highway 1336
1986	1986	Safety and Motor Vehicles. — 1337
1987	1987	(1)(a) Each of the following serves as an application The 1338
1988	1988	Department of Highway Safety and Motor Vehicles shall provide 1339
1989	1989	the opportunity to preregister to vote, register to vote, or to 1340
1990	1990	update a voter registration record when submitted to the 1341
1991	1991	Department of Highway Safety and Motor Vehicles to each 1342
1992	1992	individual who comes to an office of that department to : 1343
1993	1993	1.(a) An application for or renewal of Apply for or renew 1344
1994	1994	a driver license; 1345
1995	1995	2.(b) An application for or renewal of Apply for or renew 1346
1996	1996	an identification card pursuant to chapter 322; or 1347
1997	1997	3.(c) An application for a change of an address on an 1348
1998	1998	existing driver license or identification card. 1349
1999	1999	(b) Unless the applicant declines to register or 1350
2000	2000
2001	2001	HB 1035 2024
2002	2002
2003	2003
2004	2004
2005	2005	CODING: Words stricken are deletions; words underlined are additions.
2006	2006	hb1035-00
2007	2007	Page 55 of 84
2008	2008	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
2009	2009
2010	2010
2011	2011
2012	2012	preregister to vote, he or she is deemed to have consented to 1351
2013	2013	the use of the signature from his or her driver license or 1352
2014	2014	identification card application for voter registration purposes. 1353
2015	2015	(2) An application for a driver license or an 1354
2016	2016	identification card must include a voter registration component. 1355
2017	2017	The voter registration component must be approved by the 1356
2018	2018	Department of State and must contain all of the following: 1357
2019	2019	(a) The minimum amount of information necessary to prevent 1358
2020	2020	duplicate voter registrations and to preserve the ability of the 1359
2021	2021	department and supervisors of elections to assess the 1360
2022	2022	eligibility of the applicant and administer voter registration 1361
2023	2023	and other provisions of this code. 1362
2024	2024	(b) A statement setting forth voting eligibility 1363
2025	2025	requirements. 1364
2026	2026	(c) An explanation that the applicant is consenting to the 1365
2027	2027	use of his or her signature from the applicant's driver license 1366
2028	2028	or identification card application for voter registration 1367
2029	2029	purposes. By consenting to the use of his or her signature, the 1368
2030	2030	applicant is deemed to have subscribed to the oath required by 1369
2031	2031	s. 3, Art. VI of the State Constitution and s. 97.051 and to 1370
2032	2032	have sworn and affirmed that the voter registration information 1371
2033	2033	contained in the application i s true under penalty for false 1372
2034	2034	swearing pursuant to s. 104.011. 1373
2035	2035	(d) An option that allows the applicant to choose or 1374
2036	2036	update a party affiliation; otherwise, an applicant who is 1375
2037	2037
2038	2038	HB 1035 2024
2039	2039
2040	2040
2041	2041
2042	2042	CODING: Words stricken are deletions; words underlined are additions.
2043	2043	hb1035-00
2044	2044	Page 56 of 84
2045	2045	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
2046	2046
2047	2047
2048	2048
2049	2049	initially registering to vote and does not exercise such option 1376
2050	2050	must be sent a notice by the supervisor of elections in 1377
2051	2051	accordance with s. 97.053(5)(b). 1378
2052	2052	(e) An option that allows the applicant to decline to 1379
2053	2053	register to vote or preregister to vote. The Department of 1380
2054	2054	Highway Safety and Motor Vehicles shall note any such 1381
2055	2055	declination in its records and forward the declination to the 1382
2056	2056	Department of State. Any declination may be used only for voter 1383
2057	2057	registration purposes and is confidential and exempt from public 1384
2058	2058	records requirements as provided in s. 97.0585. 1385
2059	2059	(3) The Department of Highw ay Safety and Motor Vehicles 1386
2060	2060	shall: 1387
2061	2061	(a) Develop a voter registration component for 1388
2062	2062	applications which meets the requirements set forth in 1389
2063	2063	subsection (2). 1390
2064	2064	(b) Electronically transmit the voter registration 1391
2065	2065	component of an applicant's driver license or i dentification 1392
2066	2066	card application to the Department of State within 24 hours 1393
2067	2067	after receipt. Upon receipt of the voter registration component, 1394
2068	2068	the Department of State shall provide the information to the 1395
2069	2069	supervisor of elections of the county in which the appli cant is 1396
2070	2070	registering or preregistering to vote or updating his or her 1397
2071	2071	voter registration record. 1398
2072	2072	(2) The Department of Highway Safety and Motor Vehicles 1399
2073	2073	shall: 1400
2074	2074
2075	2075	HB 1035 2024
2076	2076
2077	2077
2078	2078
2079	2079	CODING: Words stricken are deletions; words underlined are additions.
2080	2080	hb1035-00
2081	2081	Page 57 of 84
2082	2082	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
2083	2083
2084	2084
2085	2085
2086	2086	(a) Notify each individual, orally or in writing, that: 1401
2087	2087	1. Information gathered for the com pletion of a driver 1402
2088	2088	license or identification card application, renewal, or change 1403
2089	2089	of address can be automatically transferred to a voter 1404
2090	2090	registration application; 1405
2091	2091	2. If additional information and a signature are provided, 1406
2092	2092	the voter registration applicat ion will be completed and sent to 1407
2093	2093	the proper election authority; 1408
2094	2094	3. Information provided can also be used to update a voter 1409
2095	2095	registration record; 1410
2096	2096	4. All declinations will remain confidential and may be 1411
2097	2097	used only for voter registration purposes; and 1412
2098	2098	5. The particular driver license office in which the 1413
2099	2099	person applies to register to vote or updates a voter 1414
2100	2100	registration record will remain confidential and may be used 1415
2101	2101	only for voter registration purposes. 1416
2102	2102	(b) Require a driver license examiner to inquire o rally 1417
2103	2103	or, if the applicant is hearing impaired, inquire in writing 1418
2104	2104	whether the applicant wishes to register to vote or update a 1419
2105	2105	voter registration record during the completion of a driver 1420
2106	2106	license or identification card application, renewal, or change 1421
2107	2107	of address. 1422
2108	2108	1. If the applicant chooses to register to vote or to 1423
2109	2109	update a voter registration record: 1424
2110	2110	a. All applicable information received by the Department 1425
2111	2111
2112	2112	HB 1035 2024
2113	2113
2114	2114
2115	2115
2116	2116	CODING: Words stricken are deletions; words underlined are additions.
2117	2117	hb1035-00
2118	2118	Page 58 of 84
2119	2119	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
2120	2120
2121	2121
2122	2122
2123	2123	of Highway Safety and Motor Vehicles in the course of filling 1426
2124	2124	out the forms necessary under subsec tion (1) must be transferred 1427
2125	2125	to a voter registration application. 1428
2126	2126	b. The additional necessary information must be obtained 1429
2127	2127	by the driver license examiner and must not duplicate any 1430
2128	2128	information already obtained while completing the forms required 1431
2129	2129	under subsection (1). 1432
2130	2130	c. A voter registration application with all of the 1433
2131	2131	applicant's voter registration information required to establish 1434
2132	2132	the applicant's eligibility pursuant to s. 97.041 must be 1435
2133	2133	presented to the applicant to review and verify the voter 1436
2134	2134	registration information received and provide an electronic 1437
2135	2135	signature affirming the accuracy of the information provided. 1438
2136	2136	2. If the applicant declines to register to vote, update 1439
2137	2137	the applicant's voter registration record, or change the 1440
2138	2138	applicant's address by ei ther orally declining or by failing to 1441
2139	2139	sign the voter registration application, the Department of 1442
2140	2140	Highway Safety and Motor Vehicles must note such declination on 1443
2141	2141	its records and shall forward the declination to the statewide 1444
2142	2142	voter registration system. 1445
2143	2143	(3) For the purpose of this section, the Department of 1446
2144	2144	Highway Safety and Motor Vehicles, with the approval of the 1447
2145	2145	Department of State, shall prescribe: 1448
2146	2146	(a) A voter registration application that is the same in 1449
2147	2147	content, format, and size as the uniform state wide voter 1450
2148	2148
2149	2149	HB 1035 2024
2150	2150
2151	2151
2152	2152
2153	2153	CODING: Words stricken are deletions; words underlined are additions.
2154	2154	hb1035-00
2155	2155	Page 59 of 84
2156	2156	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
2157	2157
2158	2158
2159	2159
2160	2160	registration application prescribed under s. 97.052; and 1451
2161	2161	(b) A form that will inform applicants under subsection 1452
2162	2162	(1) of the information contained in paragraph (2)(a). 1453
2163	2163	(4) The Department of Highway Safety and Motor Vehicles 1454
2164	2164	must electronically transmit completed voter registration 1455
2165	2165	applications within 24 hours after receipt to the statewide 1456
2166	2166	voter registration system. Completed paper voter registration 1457
2167	2167	applications received by the Department of Highway Safety and 1458
2168	2168	Motor Vehicles shall be forwarde d within 5 days after receipt to 1459
2169	2169	the supervisor of the county where the office that processed or 1460
2170	2170	received that application is located. 1461
2171	2171	(5) The Department of Highway Safety and Motor Vehicles 1462
2172	2172	must send, with each driver license renewal extension 1463
2173	2173	application authorized pursuant to s. 322.18(8), a uniform 1464
2174	2174	statewide voter registration application, the voter registration 1465
2175	2175	application prescribed under paragraph (3)(a), or a voter 1466
2176	2176	registration application developed especially for the purposes 1467
2177	2177	of this subsection b y the Department of Highway Safety and Motor 1468
2178	2178	Vehicles, with the approval of the Department of State, which 1469
2179	2179	must meet the requirements of s. 97.052. 1470
2180	2180	(4)(6) A person providing voter registration services for 1471
2181	2181	a driver license office may not: 1472
2182	2182	(a) Seek to influence an applicant's political preference 1473
2183	2183	or party registration; 1474
2184	2184	(b) Display any political preference or party allegiance; 1475
2185	2185
2186	2186	HB 1035 2024
2187	2187
2188	2188
2189	2189
2190	2190	CODING: Words stricken are deletions; words underlined are additions.
2191	2191	hb1035-00
2192	2192	Page 60 of 84
2193	2193	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
2194	2194
2195	2195
2196	2196
2197	2197	(c) Make any statement to an applicant or take any action 1476
2198	2198	the purpose or effect of which is to discourage the applicant 1477
2199	2199	from registering to vote; or 1478
2200	2200	(d) Disclose any applicant's voter registration 1479
2201	2201	information except as needed for the administration of voter 1480
2202	2202	registration. 1481
2203	2203	(5)(7) The Department of Highway Safety and Motor Vehicles 1482
2204	2204	shall collect data determined necessary by the Department of 1483
2205	2205	State for program evaluation and reporting to the Election 1484
2206	2206	Assistance Commission pursuant to federal law. 1485
2207	2207	(6)(8) The Department of Highway Safety and Motor Vehicles 1486
2208	2208	shall must ensure that all voter registration services provided 1487
2209	2209	by driver license offices are in compliance with the Voting 1488
2210	2210	Rights Act of 1965. 1489
2211	2211	(7)(9) The Department of Highway Safety and Motor Vehicles 1490
2212	2212	shall retain complete records of voter registration information 1491
2213	2213	received, processed, and submitted to the Department of State 1492
2214	2214	statewide voter registration system by the Department of Highway 1493
2215	2215	Safety and Motor Vehicles. The retention of such These records 1494
2216	2216	is shall be for the explicit purpose of supporting audit and 1495
2217	2217	accounting controls established to ensure accurate and complete 1496
2218	2218	electronic transmission of records between the Department of 1497
2219	2219	State statewide voter registration system and the Department of 1498
2220	2220	Highway Safety and Motor Vehicles. 1499
2221	2221	(8)(10) The Department of State shall provide the 1500
2222	2222
2223	2223	HB 1035 2024
2224	2224
2225	2225
2226	2226
2227	2227	CODING: Words stricken are deletions; words underlined are additions.
2228	2228	hb1035-00
2229	2229	Page 61 of 84
2230	2230	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
2231	2231
2232	2232
2233	2233
2234	2234	Department of Highway Safety and Motor Vehicles with an 1501
2235	2235	electronic database of street addresses valid for use as the 1502
2236	2236	address of legal residence as required in s. 97.053(5). The 1503
2237	2237	Department of Highway Safety and Motor Vehicles shall compare 1504
2238	2238	the address provided by the applicant against the database of 1505
2239	2239	valid street addresses. If the address provided by the applicant 1506
2240	2240	does not match a valid street address in the database, the 1507
2241	2241	applicant will be asked to verify the address provided. The 1508
2242	2242	Department of Highway Safety and Motor Vehicles may shall not 1509
2243	2243	reject any application for voter registration for which a valid 1510
2244	2244	match cannot be made. 1511
2245	2245	(9)(11) The Department of Highway Safety and Motor 1512
2246	2246	Vehicles shall enter into an agreement with the Department of 1513
2247	2247	State to match information in the statewide voter registration 1514
2248	2248	system with information in the database of the Department of 1515
2249	2249	Highway Safety and Motor Vehicles to the extent required to 1516
2250	2250	verify the accuracy of the driver license number, Florida 1517
2251	2251	identification number, or last four digits of the social 1518
2252	2252	security number provided on applications for voter registration 1519
2253	2253	as required in s. 97.053. 1520
2254	2254	(10)(12) The Department of Highway Safety and Motor 1521
2255	2255	Vehicles shall enter into an agreement with the Commissioner of 1522
2256	2256	Social Security as required by the Help America Vote Act of 2002 1523
2257	2257	to verify the last four digits of the social security number 1524
2258	2258	provided in applications for voter registration as required in 1525
2259	2259
2260	2260	HB 1035 2024
2261	2261
2262	2262
2263	2263
2264	2264	CODING: Words stricken are deletions; words underlined are additions.
2265	2265	hb1035-00
2266	2266	Page 62 of 84
2267	2267	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
2268	2268
2269	2269
2270	2270
2271	2271	s. 97.053. 1526
2272	2272	(11)(13) The Department of Highway Safety and Motor 1527
2273	2273	Vehicles shall must assist the Department of State in regularly 1528
2274	2274	identifying changes in residence address on the driver license 1529
2275	2275	or identification card of a voter. The Department of State shall 1530
2276	2276	must report each such change to the appropriate supervisor of 1531
2277	2277	elections, who must change the voter's registration records in 1532
2278	2278	accordance with s. 98.065(4). 1533
2279	2279	Section 16. Section 97.0575, Florida Statutes, is amended 1534
2280	2280	to read: 1535
2281	2281	97.0575 Third-party voter registration organizati ons.— 1536
2282	2282	(1) Before engaging in any voter registration activities, 1537
2283	2283	a third-party voter registration organization must register and 1538
2284	2284	provide to the division, in an electronic format, the following 1539
2285	2285	information: 1540
2286	2286	(a) The names of the officers of the organizati on and the 1541
2287	2287	name and permanent address of the organization. 1542
2288	2288	(b) The name and address of the organization's registered 1543
2289	2289	agent in the state. 1544
2290	2290	(c) The names, permanent addresses, and temporary 1545
2291	2291	addresses, if any, of each registration agent registering 1546
2292	2292	persons to vote in this state on behalf of the organization. 1547
2293	2293	This paragraph does not apply to persons who only solicit 1548
2294	2294	applications and do not collect or handle voter registration 1549
2295	2295	applications. 1550
2296	2296
2297	2297	HB 1035 2024
2298	2298
2299	2299
2300	2300
2301	2301	CODING: Words stricken are deletions; words underlined are additions.
2302	2302	hb1035-00
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2304	2304	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
2305	2305
2306	2306
2307	2307
2308	2308	(d) Beginning November 6, 2024, the specific general 1551
2309	2309	election cycle for which the third-party voter registration 1552
2310	2310	organization is registering persons to vote. 1553
2311	2311	(e) An affirmation that each person collecting or handling 1554
2312	2312	voter registration applications on behalf of the third -party 1555
2313	2313	voter registration organization has not bee n convicted of a 1556
2314	2314	felony violation of the Election Code, a felony violation of an 1557
2315	2315	offense specified in s. 825.103, a felony offense specified in 1558
2316	2316	s. 98.0751(2)(b) or (c), or a felony offense specified in 1559
2317	2317	chapter 817, chapter 831, or chapter 837. A third -party voter 1560
2318	2318	registration organization is liable for a fine in the amount of 1561
2319	2319	$50,000 for each such person who has been convicted of a felony 1562
2320	2320	violation of the Election Code, a felony violation of an offense 1563
2321	2321	specified in s. 825.103, a felony offense specified in s. 1564
2322	2322	98.0751(2)(b) or (c), or a felony offense specified in chapter 1565
2323	2323	817, chapter 831, or chapter 837 who is collecting or handling 1566
2324	2324	voter registration applications on behalf of the third -party 1567
2325	2325	voter registration organization. 1568
2326	2326	(f) An affirmation that each pe rson collecting or handling 1569
2327	2327	voter registration applications on behalf of the third -party 1570
2328	2328	voter registration organization is a citizen of the United 1571
2329	2329	States of America. A third -party voter registration organization 1572
2330	2330	is liable for a fine in the amount of $50,0 00 for each such 1573
2331	2331	person who is not a citizen and is collecting or handling voter 1574
2332	2332	registration applications on behalf of the third -party voter 1575
2333	2333
2334	2334	HB 1035 2024
2335	2335
2336	2336
2337	2337
2338	2338	CODING: Words stricken are deletions; words underlined are additions.
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2341	2341	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
2342	2342
2343	2343
2344	2344
2345	2345	registration organization. 1576
2346	2346	(2) Beginning November 6, 2024, the registration of a 1577
2347	2347	third-party voter registration organization automatically 1578
2348	2348	expires at the conclusion of the specific general election cycle 1579
2349	2349	for which the third-party voter registration organization is 1580
2350	2350	registered. 1581
2351	2351	(2)(3) The division or the supervisor of elections shall 1582
2352	2352	make voter registration forms av ailable to third-party voter 1583
2353	2353	registration organizations. All such forms must contain 1584
2354	2354	information identifying the organization to which the forms are 1585
2355	2355	provided. The division shall maintain a database of all third -1586
2356	2356	party voter registration organizations and th e voter 1587
2357	2357	registration forms assigned to the third -party voter 1588
2358	2358	registration organization. Each supervisor of elections shall 1589
2359	2359	provide to the division information on voter registration forms 1590
2360	2360	assigned to and received from third -party voter registration 1591
2361	2361	organizations. The information must be provided in a format and 1592
2362	2362	at times as required by the division by rule. The division shall 1593
2363	2363	update information on third -party voter registrations daily and 1594
2364	2364	make the information publicly available. 1595
2365	2365	(4) A third-party voter registration organization that 1596
2366	2366	collects voter registration applications shall provide a receipt 1597
2367	2367	to an applicant upon accepting possession of his or her 1598
2368	2368	application. The division shall adopt by rule a uniform format 1599
2369	2369	for the receipt by October 1, 2023. The forma t must include, but 1600
2370	2370
2371	2371	HB 1035 2024
2372	2372
2373	2373
2374	2374
2375	2375	CODING: Words stricken are deletions; words underlined are additions.
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2378	2378	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
2379	2379
2380	2380
2381	2381
2382	2382	need not be limited to, the name of the applicant, the date the 1601
2383	2383	application is received, the name of the third -party voter 1602
2384	2384	registration organization, the name of the registration agent, 1603
2385	2385	the applicant's political party affiliation, and t he county in 1604
2386	2386	which the applicant resides. 1605
2387	2387	(3)(5)(a) A third-party voter registration organization 1606
2388	2388	that collects voter registration applications serves as a 1607
2389	2389	fiduciary to the applicant and shall ensure that any voter 1608
2390	2390	registration application entrusted to t he organization, 1609
2391	2391	irrespective of party affiliation, race, ethnicity, or gender, 1610
2392	2392	is promptly delivered to the division or the supervisor of 1611
2393	2393	elections in the county in which the applicant resides within 14 1612
2394	2394	10 days after the application is completed by the ap plicant, but 1613
2395	2395	not after registration closes for the next ensuing election. If 1614
2396	2396	a voter registration application collected by any third -party 1615
2397	2397	voter registration organization is not promptly delivered to the 1616
2398	2398	division or supervisor of elections in the county in which the 1617
2399	2399	applicant resides, the third -party voter registration 1618
2400	2400	organization is liable for the following fines: 1619
2401	2401	1. A fine in the amount of $50 per each day late, up to 1620
2402	2402	$2,500, for each application received by the division or the 1621
2403	2403	supervisor of elections in the county in which the applicant 1622
2404	2404	resides more than 14 10 days after the applicant delivered the 1623
2405	2405	completed voter registration application to the third -party 1624
2406	2406	voter registration organization or any person, entity, or agent 1625
2407	2407
2408	2408	HB 1035 2024
2409	2409
2410	2410
2411	2411
2412	2412	CODING: Words stricken are deletions; words underlined are additions.
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2415	2415	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
2416	2416
2417	2417
2418	2418
2419	2419	acting on its behalf. A fine in the amount of $250 $2,500 for 1626
2420	2420	each application received if the third -party voter registration 1627
2421	2421	organization or person, entity, or agency acting on its behalf 1628
2422	2422	acted willfully. 1629
2423	2423	2. A fine in the amount of $100 per each day late, up to 1630
2424	2424	$5,000, for each application collected by a third -party voter 1631
2425	2425	registration organization or any person, entity, or agent acting 1632
2426	2426	on its behalf, before book closing for any given election for 1633
2427	2427	federal or state office and received by the division or the 1634
2428	2428	supervisor of elections in the county in which the applicant 1635
2429	2429	resides after the book -closing deadline for such election. A 1636
2430	2430	fine in the amount of $500 $5,000 for each application received 1637
2431	2431	if the third-party voter registration organization or any 1638
2432	2432	person, entity, or agency acting on its be half acted willfully. 1639
2433	2433	3. A fine in the amount of $500 for each application 1640
2434	2434	collected by a third -party voter registration organization or 1641
2435	2435	any person, entity, or agent acting on its behalf, which is not 1642
2436	2436	submitted to the division or supervisor of elections in the 1643
2437	2437	county in which the applicant resides. A fine in the amount of 1644
2438	2438	$1,000 $5,000 for any application not submitted if the third -1645
2439	2439	party voter registration organization or person, entity, or 1646
2440	2440	agency acting on its behalf acted willfully. 1647
2441	2441	1648
2442	2442	The aggregate fine which may be assessed pursuant to this 1649
2443	2443	paragraph against a third -party voter registration organization, 1650
2444	2444
2445	2445	HB 1035 2024
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2452	2452	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
2453	2453
2454	2454
2455	2455
2456	2456	including affiliate organizations, for violations committed in a 1651
2457	2457	calendar year is $1,000 $250,000. 1652
2458	2458	(b) A showing by the third -party voter registration 1653
2459	2459	organization that the failure to deliver the voter registration 1654
2460	2460	application within the required timeframe is based upon force 1655
2461	2461	majeure or impossibility of performance shall be an affirmative 1656
2462	2462	defense to a violation of this subsection. The secretary may 1657
2463	2463	waive the fines described in this subsection upon a showing that 1658
2464	2464	the failure to deliver the voter registration application 1659
2465	2465	promptly is based upon force majeure or impossibility of 1660
2466	2466	performance. 1661
2467	2467	(6) If a person collecting voter registration applications 1662
2468	2468	on behalf of a third-party voter registration organization 1663
2469	2469	alters the voter registration application of any other person, 1664
2470	2470	without the other person's knowledge and consent, in violation 1665
2471	2471	of s. 104.012(4) and is subsequently convicted of such offense, 1666
2472	2472	the applicable third-party voter registration organization is 1667
2473	2473	liable for a fine in the amount of $5,000 for each application 1668
2474	2474	altered. 1669
2475	2475	(4)(7) If a person collecting voter registration 1670
2476	2476	applications on behalf of a third -party voter registration 1671
2477	2477	organization copies a voter's application or retains a voter's 1672
2478	2478	personal information, such as the voter's Florida driver license 1673
2479	2479	number, Florida identific ation card number, social security 1674
2480	2480	number, or signature, for any reason other than to provide such 1675
2481	2481
2482	2482	HB 1035 2024
2483	2483
2484	2484
2485	2485
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2489	2489	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
2490	2490
2491	2491
2492	2492
2493	2493	application or information to the third -party voter registration 1676
2494	2494	organization in compliance with this section, the person commits 1677
2495	2495	a felony of the third degre e, punishable as provided in s. 1678
2496	2496	775.082, s. 775.083, or s. 775.084. 1679
2497	2497	(5)(8) If the Secretary of State reasonably believes that 1680
2498	2498	a person has committed a violation of this section, the 1681
2499	2499	secretary may refer the matter to the Attorney General for 1682
2500	2500	enforcement. The Attorney General may institute a civil action 1683
2501	2501	for a violation of this s ection or to prevent a violation of 1684
2502	2502	this section. An action for relief may include a permanent or 1685
2503	2503	temporary injunction, a restraining order, or any other 1686
2504	2504	appropriate order. 1687
2505	2505	(9) The division shall adopt by rule a form to elicit 1688
2506	2506	specific information concer ning the facts and circumstances from 1689
2507	2507	a person who claims to have been registered to vote by a third -1690
2508	2508	party voter registration organization but who does not appear as 1691
2509	2509	an active voter on the voter registration rolls. The division 1692
2510	2510	shall also adopt rules to en sure the integrity of the 1693
2511	2511	registration process, including controls to ensure that all 1694
2512	2512	completed forms are promptly delivered to the division or a 1695
2513	2513	supervisor in the county in which the applicant resides. 1696
2514	2514	(6)(10) The date on which an applicant signs a vote r 1697
2515	2515	registration application is presumed to be the date on which the 1698
2516	2516	third-party voter registration organization received or 1699
2517	2517	collected the voter registration application. 1700
2518	2518
2519	2519	HB 1035 2024
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2521	2521
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2526	2526	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
2527	2527
2528	2528
2529	2529
2530	2530	(11) A third-party voter registration organization may not 1701
2531	2531	mail or otherwise provide a voter registration application upon 1702
2532	2532	which any information about an applicant has been filled in 1703
2533	2533	before it is provided to the applicant. A third -party voter 1704
2534	2534	registration organization that violates this section is liable 1705
2535	2535	for a fine in the amount of $50 for each such application. 1706
2536	2536	(12) The requirements of this section are retroactive for 1707
2537	2537	any third-party voter registration organization registered with 1708
2538	2538	the department as of July 1, 2023, and must be complied with 1709
2539	2539	within 90 days after the department provides no tice to the 1710
2540	2540	third-party voter registration organization of the requirements 1711
2541	2541	contained in this section. Failure of the third -party voter 1712
2542	2542	registration organization to comply with the requirements within 1713
2543	2543	90 days after receipt of the notice shall automatically result 1714
2544	2544	in the cancellation of the third -party voter registration 1715
2545	2545	organization's registration. 1716
2546	2546	Section 17. Paragraph (b) of subsection (4) of section 1717
2547	2547	98.045, Florida Statutes, is amended to read: 1718
2548	2548	98.045 Administration of voter registration. — 1719
2549	2549	(4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL 1720
2550	2550	STREET ADDRESSES.— 1721
2551	2551	(b) The department shall make the statewide database of 1722
2552	2552	valid street addresses available to the Department of Highway 1723
2553	2553	Safety and Motor Vehicles as provided in s. 97.057(8) s. 1724
2554	2554	97.057(10). The Department of Highway Safety and Motor Vehicles 1725
2555	2555
2556	2556	HB 1035 2024
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2558	2558
2559	2559
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2563	2563	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
2564	2564
2565	2565
2566	2566
2567	2567	shall use the database for purposes of validating the legal 1726
2568	2568	residential addresses provided in voter registration 1727
2569	2569	applications received by the Department of Highway Safety and 1728
2570	2570	Motor Vehicles. 1729
2571	2571	Section 18. Section 100.51, Florida Statutes, is created 1730
2572	2572	to read: 1731
2573	2573	100.51 General Election Day paid holiday. —In order to 1732
2574	2574	encourage civic participation, enable more individuals to serve 1733
2575	2575	as poll workers, and provide additional time for the resolution 1734
2576	2576	of any issues that arise while a voter is casting his or her 1735
2577	2577	vote, General Election Day shall be a paid holiday. A voter is 1736
2578	2578	entitled to absent himself or herself from any service or 1737
2579	2579	employment in which he or she is engaged or employed during the 1738
2580	2580	time the polls are open on General Election Day. A voter who 1739
2581	2581	absents himself or herself under this section may not be 1740
2582	2582	penalized in any way, and a deduction may not be made from his 1741
2583	2583	or her usual salary or wages on account of his or her absence. 1742
2584	2584	Section 19. Section 101.016, Flo rida Statutes, is created 1743
2585	2585	to read: 1744
2586	2586	101.016 Strategic elections equipment reserve. —The 1745
2587	2587	division shall maintain a strategic elections equipment reserve 1746
2588	2588	of voting systems that may be deployed in the event of an 1747
2589	2589	emergency as defined in s. 101.732 or upon the occurrence of 1748
2590	2590	equipment capacity issues due to unexpected voter turnout. The 1749
2591	2591	reserve must include tabulation equipment and any other 1750
2592	2592
2593	2593	HB 1035 2024
2594	2594
2595	2595
2596	2596
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2600	2600	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
2601	2601
2602	2602
2603	2603
2604	2604	necessary equipment, including, but not limited to, printers, 1751
2605	2605	which are in use by each supervisor of elections. In lieu of 1752
2606	2606	maintaining a physical reserve of such equipment, the division 1753
2607	2607	may contract with a vendor of voting equipment to provide such 1754
2608	2608	equipment on an as-needed basis. 1755
2609	2609	Section 20. Section 101.019, Florida Statutes, is 1756
2610	2610	repealed. 1757
2611	2611	Section 21. Subsection (1) a nd paragraphs (a) and (b) of 1758
2612	2612	subsection (2) of section 101.048, Florida Statutes, are amended 1759
2613	2613	to read: 1760
2614	2614	101.048 Provisional ballots. — 1761
2615	2615	(1) At all elections, a voter claiming to be properly 1762
2616	2616	registered in the state and eligible to vote at the precinct in 1763
2617	2617	the election but whose eligibility cannot be determined, a 1764
2618	2618	person whom an election official asserts is not eligible, 1765
2619	2619	including, but not limited to, a person to whom notice has been 1766
2620	2620	sent pursuant to s. 98.075(7), but for whom a final 1767
2621	2621	determination of eligibi lity has not been made, and other 1768
2622	2622	persons specified in the code shall be entitled to vote a 1769
2623	2623	provisional ballot at any precinct in the county in which the 1770
2624	2624	voter claims to be registered . Once voted, the provisional 1771
2625	2625	ballot must be placed in a secrecy envelope and thereafter 1772
2626	2626	sealed in a provisional ballot envelope. The provisional ballot 1773
2627	2627	must be deposited in a ballot box. All provisional ballots must 1774
2628	2628	remain sealed in their envelopes for return to the supervisor of 1775
2629	2629
2630	2630	HB 1035 2024
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2637	2637	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
2638	2638
2639	2639
2640	2640
2641	2641	elections. The department shall prescribe the f orm of the 1776
2642	2642	provisional ballot envelope. A person casting a provisional 1777
2643	2643	ballot has the right to present written evidence supporting his 1778
2644	2644	or her eligibility to vote to the supervisor of elections by not 1779
2645	2645	later than 5 p.m. on the second day following the electi on. 1780
2646	2646	(2)(a) The county canvassing board shall examine each 1781
2647	2647	Provisional Ballot Voter's Certificate and Affirmation to 1782
2648	2648	determine if the person voting that ballot was entitled to vote 1783
2649	2649	in the county in which at the precinct where the person cast a 1784
2650	2650	vote in the election and that the person had not already cast a 1785
2651	2651	ballot in the election. In determining whether a person casting 1786
2652	2652	a provisional ballot is entitled to vote, the county canvassing 1787
2653	2653	board shall review the information provided in the Voter's 1788
2654	2654	Certificate and Affirmation, written evidence provided by the 1789
2655	2655	person pursuant to subsection (1), information provided in any 1790
2656	2656	cure affidavit and accompanying supporting documentation 1791
2657	2657	pursuant to subsection (6), any other evidence presented by the 1792
2658	2658	supervisor, and, in the ca se of a challenge, any evidence 1793
2659	2659	presented by the challenger. A ballot of a person casting a 1794
2660	2660	provisional ballot shall be canvassed pursuant to paragraph (b) 1795
2661	2661	unless the canvassing board determines by a preponderance of the 1796
2662	2662	evidence that the person was not en titled to vote. 1797
2663	2663	(b) If it is determined that the person was registered and 1798
2664	2664	entitled to vote in the county in which at the precinct where 1799
2665	2665	the person cast a vote in the election, the canvassing board 1800
2666	2666
2667	2667	HB 1035 2024
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2674	2674	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
2675	2675
2676	2676
2677	2677
2678	2678	must compare the signature on the Provisional Ballot Vot er's 1801
2679	2679	Certificate and Affirmation or the provisional ballot cure 1802
2680	2680	affidavit with the signature on the voter's registration or 1803
2681	2681	precinct register. A provisional ballot may be counted only if: 1804
2682	2682	1. The signature on the voter's certificate or the cure 1805
2683	2683	affidavit matches the elector's signature in the registration 1806
2684	2684	books or the precinct register; however, in the case of a cure 1807
2685	2685	affidavit, the supporting identification listed in subsection 1808
2686	2686	(6) must also confirm the identity of the elector; or 1809
2687	2687	2. The cure affidavit c ontains a signature that does not 1810
2688	2688	match the elector's signature in the registration books or the 1811
2689	2689	precinct register, but the elector has submitted a current and 1812
2690	2690	valid Tier 1 form of identification confirming his or her 1813
2691	2691	identity pursuant to subsection (6). 1814
2692	2692	1815
2693	2693	For purposes of this paragraph, any canvassing board finding 1816
2694	2694	that signatures do not match must be by majority vote and beyond 1817
2695	2695	a reasonable doubt. 1818
2696	2696	Section 22. Paragraph (a) of subsection (1) and paragraphs 1819
2697	2697	(c) and (d) of subsection (3) of section 101.62 , Florida 1820
2698	2698	Statutes, are amended, and subsection (7) is added to that 1821
2699	2699	section, to read: 1822
2700	2700	101.62 Request for vote -by-mail ballots.— 1823
2701	2701	(1) REQUEST.— 1824
2702	2702	(a) The supervisor shall accept a request for a vote -by-1825
2703	2703
2704	2704	HB 1035 2024
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2711	2711	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
2712	2712
2713	2713
2714	2714
2715	2715	mail ballot only from a voter or, if directly instr ucted by the 1826
2716	2716	voter, a member of the voter's immediate family or the voter's 1827
2717	2717	legal guardian. A request may be made in person, in writing, by 1828
2718	2718	telephone, or through the supervisor's website. The department 1829
2719	2719	shall prescribe by rule by October 1, 2023, a uniform statewide 1830
2720	2720	application to make a written request for a vote -by-mail ballot 1831
2721	2721	which includes fields for all information required in this 1832
2722	2722	subsection. One request is deemed sufficient to receive a vote -1833
2723	2723	by-mail ballot for all elections until the voter or the vot er's 1834
2724	2724	designee notifies the supervisor that the voter cancels such 1835
2725	2725	request through the end of the calendar year of the next 1836
2726	2726	regularly scheduled general election , unless the voter or the 1837
2727	2727	voter's designee indicates at the time the request is made the 1838
2728	2728	elections within such period for which the voter desires to 1839
2729	2729	receive a vote-by-mail ballot. The supervisor must cancel a 1840
2730	2730	request for a vote-by-mail ballot when any first -class mail or 1841
2731	2731	nonforwardable mail sent by the supervisor to the voter is 1842
2732	2732	returned as undelivera ble. If the voter requests a vote -by-mail 1843
2733	2733	ballot thereafter, the voter must provide or confirm his or her 1844
2734	2734	current residential address. 1845
2735	2735	(3) DELIVERY OF VOTE -BY-MAIL BALLOTS.— 1846
2736	2736	(c) Except as otherwise provided in paragraph (a) or 1847
2737	2737	paragraph (b), the supervisor shall mail vote -by-mail ballots 1848
2738	2738	within 2 business days after receiving a request for such a 1849
2739	2739	ballot, but no later than the 11th 10th day before election day. 1850
2740	2740
2741	2741	HB 1035 2024
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2748	2748	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
2749	2749
2750	2750
2751	2751
2752	2752	The deadline to submit a request for a ballot to be mailed is 5 1851
2753	2753	p.m. local time on the 12th day before an upcoming election. 1852
2754	2754	(d) Upon a request for a vote -by-mail ballot, the 1853
2755	2755	supervisor shall provide a vote -by-mail ballot to each voter by 1854
2756	2756	whom a request for that ballot has been made, by one of the 1855
2757	2757	following means: 1856
2758	2758	1. By nonforwardable, return -if-undeliverable mail to the 1857
2759	2759	voter's current mailing address on file with the supervisor or 1858
2760	2760	any other address the voter specifies in the request. The 1859
2761	2761	envelopes must be prominentl y marked "Do Not Forward." 1860
2762	2762	2. By forwardable mail, e -mail, or facsimile machine 1861
2763	2763	transmission to absent uniformed services voters and overseas 1862
2764	2764	voters. The absent uniformed services voter or overseas voter 1863
2765	2765	may designate in the vote -by-mail ballot request t he preferred 1864
2766	2766	method of transmission. If the voter does not designate the 1865
2767	2767	method of transmission, the vote -by-mail ballot must be mailed. 1866
2768	2768	3. By personal delivery to the voter after vote -by-mail 1867
2769	2769	ballots have been mailed and up to 7 p.m. on election day upo n 1868
2770	2770	presentation of the identification required in s. 101.043. 1869
2771	2771	4. By delivery to the voter's designee after vote -by-mail 1870
2772	2772	ballots have been mailed and up to 7 p.m. on election day. Any 1871
2773	2773	voter may designate in writing a person to pick up the ballot 1872
2774	2774	for the voter; however, the person designated may not pick up 1873
2775	2775	more than two vote-by-mail ballots per election, other than the 1874
2776	2776	designee's own ballot, except that additional ballots may be 1875
2777	2777
2778	2778	HB 1035 2024
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2785	2785	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
2786	2786
2787	2787
2788	2788
2789	2789	picked up for members of the designee's immediate family. The 1876
2790	2790	designee shall provide to the supervisor the written 1877
2791	2791	authorization by the voter and a picture identification of the 1878
2792	2792	designee and must complete an affidavit. The designee shall 1879
2793	2793	state in the affidavit that the designee is authorized by the 1880
2794	2794	voter to pick up that ballot and sh all indicate if the voter is 1881
2795	2795	a member of the designee's immediate family and, if so, the 1882
2796	2796	relationship. The department shall prescribe the form of the 1883
2797	2797	affidavit. If the supervisor is satisfied that the designee is 1884
2798	2798	authorized to pick up the ballot and that t he signature of the 1885
2799	2799	voter on the written authorization matches the signature of the 1886
2800	2800	voter on file, the supervisor must give the ballot to that 1887
2801	2801	designee for delivery to the voter . 1888
2802	2802	5. Except as provided in s. 101.655, the supervisor may 1889
2803	2803	not deliver a vote-by-mail ballot to a voter or a voter's 1890
2804	2804	designee pursuant to subparagraph 3. or subparagraph 4., 1891
2805	2805	respectively, during the mandatory early voting period and up to 1892
2806	2806	7 p.m. on election day, unless there is an emergency, to the 1893
2807	2807	extent that the voter will be unab le to go to a designated early 1894
2808	2808	voting site in his or her county or to his or her assigned 1895
2809	2809	polling place on election day. If a vote -by-mail ballot is 1896
2810	2810	delivered, the voter or his or her designee must execute an 1897
2811	2811	affidavit affirming to the facts which allow fo r delivery of the 1898
2812	2812	vote-by-mail ballot. The department shall adopt a rule providing 1899
2813	2813	for the form of the affidavit. 1900
2814	2814
2815	2815	HB 1035 2024
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2822	2822	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
2823	2823
2824	2824
2825	2825
2826	2826	(7) DEADLINES.—If a deadline under this section falls on a 1901
2827	2827	day when the office of a supervisor is usually closed, the 1902
2828	2828	deadline must be exten ded until the next business day. 1903
2829	2829	Section 23. Subsections (1), (2), and (4) of section 1904
2830	2830	101.64, Florida Statutes, are amended to read: 1905
2831	2831	101.64 Delivery of vote -by-mail ballots; envelopes; form. — 1906
2832	2832	(1)(a) The supervisor shall enclose with each vote -by-mail 1907
2833	2833	ballot two envelopes: a secrecy envelope, into which the voter 1908
2834	2834	must absent elector shall enclose his or her marked ballot; and 1909
2835	2835	a postage prepaid mailing envelope, into which the voter must 1910
2836	2836	absent elector shall then place the secrecy envelope, which 1911
2837	2837	shall be addressed to the supervisor and also bear on the back 1912
2838	2838	side a certificate in substantially the following form: 1913
2839	2839	Note: Please Read Instructions Carefully Before 1914
2840	2840	Marking Ballot and Completing Voter's Certificate. 1915
2841	2841	VOTER'S CERTIFICATE 1916
2842	2842	I, ...., do solemnly swear or affirm that I am a qualified 1917
2843	2843	and registered voter of .... County, Florida, and that I have 1918
2844	2844	not and will not vote more than one ballot in this election. I 1919
2845	2845	understand that if I commit or attempt to commit any fraud in 1920
2846	2846	connection with voting, vote a fraudulent ballot, or vote more 1921
2847	2847	than once in an election, I can be convicted of a felony of the 1922
2848	2848	third degree and fined up to $5,000 and/or imprisoned for up to 1923
2849	2849	5 years. I also understand that failure to sign this certificate 1924
2850	2850	will invalidate my ballot. 1925
2851	2851
2852	2852	HB 1035 2024
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2859	2859	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
2860	2860
2861	2861
2862	2862
2863	2863	...(Date)... ...(Voter's Signature or Last Four Digits of 1926
2864	2864	Social Security Number )... 1927
2865	2865	...(E-Mail Address)... ...(Home Telephone Number)... 1928
2866	2866	...(Mobile Telephone Number)... 1929
2867	2867	(b) Each return mailing envelope must bear the voter's 1930
2868	2868	absent elector's name and any encoded mark used by the 1931
2869	2869	supervisor's office. 1932
2870	2870	(c) A mailing envelope or secrecy envelope may not bear 1933
2871	2871	any indication of the political affiliation of a voter an absent 1934
2872	2872	elector. 1935
2873	2873	(2) The certificate must shall be arranged on the back of 1936
2874	2874	the mailing envelope so that the line for the signature or the 1937
2875	2875	last four digits of the social security number of the voter of 1938
2876	2876	the absent elector is across the seal of the envelope; however, 1939
2877	2877	a no statement may not shall appear on the envelope which 1940
2878	2878	indicates that a signature or the last four digits of the social 1941
2879	2879	security number of the voter must cross the seal of the 1942
2880	2880	envelope. The voter must absent elector shall execute the 1943
2881	2881	certificate on the envelope. 1944
2882	2882	(4) The supervisor shall mark, code, indicate on, or 1945
2883	2883	otherwise track the precinct of the voter absent elector for 1946
2884	2884	each vote-by-mail ballot. 1947
2885	2885	Section 24. Subsection (1), paragraph (a) of subsection 1948
2886	2886	(2), and subsection (3) of section 101.69, Florida Statutes, are 1949
2887	2887	amended to read: 1950
2888	2888
2889	2889	HB 1035 2024
2890	2890
2891	2891
2892	2892
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2896	2896	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
2897	2897
2898	2898
2899	2899
2900	2900	101.69 Voting in person; return of vote -by-mail ballot.— 1951
2901	2901	(1) The provisions of this code may shall not be construed 1952
2902	2902	to prohibit any voter elector from voting in person at the 1953
2903	2903	voter's elector's precinct on the day of an election or at an 1954
2904	2904	early voting site, notwithstanding that the voter elector has 1955
2905	2905	requested a vote-by-mail ballot for that election. A voter an 1956
2906	2906	elector who has returned a voted vote -by-mail ballot to the 1957
2907	2907	supervisor, however, is deemed to have cast his or her ballot 1958
2908	2908	and is not entitled to vote another ballot or to have a 1959
2909	2909	provisional ballot counted by the county canvassing board. A 1960
2910	2910	voter An elector who has received a vote -by-mail ballot and has 1961
2911	2911	not returned the voted ballot to the supervisor, but desires to 1962
2912	2912	vote in person, shall return the ballot, whether voted or not, 1963
2913	2913	to the election boar d in the voter's elector's precinct or to an 1964
2914	2914	early voting site. The returned ballot shall be marked 1965
2915	2915	"canceled" by the board and placed with other canceled ballots. 1966
2916	2916	However, if the voter elector does not return the ballot and the 1967
2917	2917	election official: 1968
2918	2918	(a) Confirms that the supervisor has received the voter's 1969
2919	2919	elector's vote-by-mail ballot, the voter elector shall not be 1970
2920	2920	allowed to vote in person. If the voter elector maintains that 1971
2921	2921	he or she has not returned the vote -by-mail ballot or remains 1972
2922	2922	eligible to vote, the voter elector shall be provided a 1973
2923	2923	provisional ballot as provided in s. 101.048. 1974
2924	2924	(b) Confirms that the supervisor has not received the 1975
2925	2925
2926	2926	HB 1035 2024
2927	2927
2928	2928
2929	2929
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2933	2933	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
2934	2934
2935	2935
2936	2936
2937	2937	voter's elector's vote-by-mail ballot, the voter elector shall 1976
2938	2938	be allowed to vote in person as provided in this code. The 1977
2939	2939	voter's elector's vote-by-mail ballot, if subsequently received, 1978
2940	2940	shall not be counted and shall remain in the mailing envelope, 1979
2941	2941	and the envelope shall be marked "Rejected as Illegal." 1980
2942	2942	(c) Cannot determine whether the supervisor has received 1981
2943	2943	the voter's elector's vote-by-mail ballot, the elector may vote 1982
2944	2944	a provisional ballot as provided in s. 101.048. 1983
2945	2945	(2)(a) The supervisor shall allow a voter an elector who 1984
2946	2946	has received a vote-by-mail ballot to physically return a voted 1985
2947	2947	vote-by-mail ballot to the supervisor by placing the return mail 1986
2948	2948	envelope containing his or her marked ballot in a secure ballot 1987
2949	2949	intake station. Secure ballot intake stations shall be placed at 1988
2950	2950	the main office of the supervi sor, at each permanent branch 1989
2951	2951	office of the supervisor which meets the criteria set forth in 1990
2952	2952	s. 101.657(1)(a) for branch offices used for early voting and 1991
2953	2953	which is open for at least the minimum number of hours 1992
2954	2954	prescribed by s. 98.015(4), and at each early voting site. 1993
2955	2955	Secure ballot intake stations may also be placed at any other 1994
2956	2956	site that would otherwise qualify as an early voting site under 1995
2957	2957	s. 101.657(1). Secure ballot intake stations must be 1996
2958	2958	geographically located so as to provide all voters in the county 1997
2959	2959	with an equal opportunity to cast a ballot, insofar as is 1998
2960	2960	practicable. Except for secure ballot intake stations at an 1999
2961	2961	office of the supervisor, a secure ballot intake station may 2000
2962	2962
2963	2963	HB 1035 2024
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2965	2965
2966	2966
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2970	2970	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
2971	2971
2972	2972
2973	2973
2974	2974	only be used during the county's early voting hours of operation 2001
2975	2975	and must be monitored in person by an employee of the 2002
2976	2976	supervisor's office. A secure ballot intake station at an office 2003
2977	2977	of the supervisor must be continuously monitored in person by an 2004
2978	2978	employee of the supervisor's office when the secure ballot 2005
2979	2979	intake station is accessible for deposit of ballots. 2006
2980	2980	(3) If any secure ballot intake station is left accessible 2007
2981	2981	for ballot receipt other than as authorized by this section, the 2008
2982	2982	supervisor is subject to a ci vil penalty of $25,000. The 2009
2983	2983	division is authorized to enforce this provision. 2010
2984	2984	Section 25. Subsections (2), (3), and (4) of section 2011
2985	2985	104.0515, Florida Statutes, are amended, and subsections (6) and 2012
2986	2986	(7) are added to that section, to read: 2013
2987	2987	104.0515 Voting rights; deprivation of, or interference 2014
2988	2988	with, prohibited; penalty. — 2015
2989	2989	(2) A No person acting under color of law may not shall: 2016
2990	2990	(a) In determining whether any individual is qualified 2017
2991	2991	under law to vote in any election, apply any standard, practice, 2018
2992	2992	or procedure different from the standards, practices, or 2019
2993	2993	procedures applied under law to other individuals within the 2020
2994	2994	same political subdivision who have been found to be qualified 2021
2995	2995	to vote; or 2022
2996	2996	(b) Deny the right of any individual to vote in any 2023
2997	2997	election because of an error or omission on any record or paper 2024
2998	2998	relating to any application, registration, or other act 2025
2999	2999
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3002	3002
3003	3003
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3007	3007	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
3008	3008
3009	3009
3010	3010
3011	3011	requisite to voting, if such error or omission is not material 2026
3012	3012	in determining whether such individual is qualified under law to 2027
3013	3013	vote in such election. This paragraph shall apply to vote -by-2028
3014	3014	mail ballots only if there is a pattern or history of 2029
3015	3015	discrimination on the basis of race, color, or previous 2030
3016	3016	condition of servitude in regard to vote -by-mail ballots. 2031
3017	3017	(3)(a) A No person, whether acting under color of law or 2032
3018	3018	otherwise, may not deceive, shall intimidate, threaten, or 2033
3019	3019	coerce, or attempt to deceive, intimidate, threaten, or coerce, 2034
3020	3020	any other person for the purpose of interfering with the right 2035
3021	3021	of such other person to vote or not to vote as that person m ay 2036
3022	3022	choose, or for the purpose of causing such other person to vote 2037
3023	3023	for, or not vote for, any candidate for any office at any 2038
3024	3024	general, special, or primary election held solely or in part for 2039
3025	3025	the purpose of selecting or electing any such candidate. 2040
3026	3026	(b) A violation of this subsection includes, but is not 2041
3027	3027	limited to, any the following: 2042
3028	3028	1. The use of force or threats to use force, or the use of 2043
3029	3029	any other conduct to practice intimidation that causes or is 2044
3030	3030	reasonably expected to cause interference with an indi vidual's 2045
3031	3031	right to vote. 2046
3032	3032	2. The knowing use of a deceptive or fraudulent device, 2047
3033	3033	contrivance, or communication that causes or is reasonably 2048
3034	3034	expected to cause interference with an individual's right to 2049
3035	3035	vote. 2050
3036	3036
3037	3037	HB 1035 2024
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3044	3044	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
3045	3045
3046	3046
3047	3047
3048	3048	3. The obstruction of, impediment to, or other 2051
3049	3049	interference with access to any early voting site, polling 2052
3050	3050	place, secure ballot intake station, or office of the supervisor 2053
3051	3051	of elections in a manner that causes interference with or 2054
3052	3052	delays, or is reasonably expected to interfere with or cause a 2055
3053	3053	delay in, an individual's right to vote or the voting process. 2056
3054	3054	(4) A No voting qualification or prerequisite to voting, 2057
3055	3055	and no standard, practice, or procedure, shall be imposed or 2058
3056	3056	applied by any political subdivision of this state may not 2059
3057	3057	impose or apply any voti ng qualification or prerequisite to 2060
3058	3058	voting or any standard, practice, or procedure to deny or 2061
3059	3059	abridge the right of any citizen to vote on account of race or 2062
3060	3060	color. 2063
3061	3061	(6) Notwithstanding any other provision of law, any 2064
3062	3062	aggrieved person, organization whose m embership includes or is 2065
3063	3063	likely to include aggrieved persons, organization whose mission 2066
3064	3064	would be frustrated by a violation of this section, organization 2067
3065	3065	that would expend resources in order to fulfill such 2068
3066	3066	organization's mission, the Attorney General, or the FLVRA 2069
3067	3067	Commission may file a civil action alleging a violation of 2070
3068	3068	subsection (3) in a court of competent jurisdiction pursuant to 2071
3069	3069	the Florida Rules of Civil Procedure or in the Second Judicial 2072
3070	3070	Circuit. 2073
3071	3071	(7) Notwithstanding any other provision of law an d in 2074
3072	3072	addition to any other remedies that may be imposed, a court that 2075
3073	3073
3074	3074	HB 1035 2024
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3081	3081	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
3082	3082
3083	3083
3084	3084
3085	3085	finds a violation of subsection (3) shall impose remedies 2076
3086	3086	appropriate to address the violation. Appropriate remedies 2077
3087	3087	include, but are not limited to, requiring an extended voting 2078
3088	3088	period, awarding nominal damages for any violation, and awarding 2079
3089	3089	compensatory or punitive damages for any willful violation. 2080
3090	3090	Section 26. Subsection (1) of section 104.42, Florida 2081
3091	3091	Statutes, is amended to read: 2082
3092	3092	104.42 Fraudulent registration and illegal votin g; 2083
3093	3093	investigation.— 2084
3094	3094	(1) The supervisor of elections is authorized to 2085
3095	3095	investigate fraudulent registrations and illegal voting and to 2086
3096	3096	report his or her findings to the local state attorney and the 2087
3097	3097	Office of Election Crimes and Security . 2088
3098	3098	Section 27. This act shall take effect January 1, 2025. 2089