Florida 2024 Regular Session

Florida House Bill H1423 Compare Versions

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

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3	3	HB 1423 2024
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to voter assistance; creating s. 2
16	16	97.027, F.S.; providing definitions; requiring a 3
17	17	supervisor of elections or a political subdivision 4
18	18	that administers an election to provide certain 5
19	19	language-related assistance to a limited English -6
20	20	proficient voter under certain circumstances; 7
21	21	requiring such supervisor of elections or political 8
22	22	subdivision to provide election materials of a certain 9
23	23	quality in a covered language; requiring the manual 10
24	24	translation of English language text; authorizing the 11
25	25	use of automatic translation services under certain 12
26	26	circumstances; requiring that election materials 13
27	27	prepared in a covered language must be made available 14
28	28	at the same time as comparable English language 15
29	29	election materials; requiring a supervisor of 16
30	30	elections to operate and provide public notice of an 17
31	31	assistance hotline; providing requirements for the 18
32	32	hotline; requiring a supervisor of elections to 19
33	33	provide certain notices in a covered language under 20
34	34	certain circumstances; requiring a supervisor of 21
35	35	elections or a political subdivision to replicate 22
36	36	certain signs and posters in certain covered languages 23
37	37	and display or distribute such signs and posters in 24
38	38	the same form and manner as English language signs; 25
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40	40	HB 1423 2024
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45	45	hb1423-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	requiring a governmental entity responsible for 26
52	52	redistricting to provide certain translation services 27
53	53	and translations; providing requirements for such 28
54	54	translation services; authorizing certain parties to 29
55	55	bring certain actions against a supervisor of 30
56	56	elections or a political subdivision; requiring the 31
57	57	court to provide an expedited hearing; requiring a 32
58	58	court to grant certain relief and implement certain 33
59	59	remedies upon making certain findings; providing that 34
60	60	certain parties are liable for damages; providing for 35
61	61	the award of attorney fees and costs in certain 36
62	62	circumstances; requiring supervisors of elections and 37
63	63	certain political subdivisions to collect certain 38
64	64	data; requiring supervisors of elections and political 39
65	65	subdivisions to publish a certain report annually; 40
66	66	requiring certain translation services to be in 41
67	67	compliance with certain federal laws; creating the 42
68	68	Language Assistance Task Force; providing the purposes 43
69	69	of the task force; providing for membership of the 44
70	70	task force; requiring the task force to submit a 45
71	71	certain report to the Department of State; providing 46
72	72	for the expiration of the task force; providing an 47
73	73	effective date. 48
74	74	49
75	75	Be It Enacted by the Legislature of the State of Florida: 50
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77	77	HB 1423 2024
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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89	89	Section 1. Section 97.027, Florida Statutes, is created to 52
90	90	read: 53
91	91	97.027 Limited English -proficient voter assistance. — 54
92	92	(1) DEFINITIONS.—As used in this section, the term: 55
93	93	(a) "Covered language" means the language of a member of a 56
94	94	language minority group. 57
95	95	(b) "Election materials" means materials relating to 58
96	96	elections which are intended to be read by a voter and which are 59
97	97	provided by a supervisor of elections or political subdivision, 60
98	98	including, but not limited to, ballots, sample ballots, vote -by-61
99	99	mail ballots, vote-by-mail ballot requests, voting guides, 62
100	100	voting instructions, voter registration applications and 63
101	101	materials, polling place signage, notices, websites containing 64
102	102	election-related information, and electronic communications, 65
103	103	including social media communications. 66
104	104	(c) "Language minority group" has the same meaning as in 67
105	105	s. 203 of the Voting Rights Act of 1965, as amended, and 68
106	106	includes a group of persons whose primary language is Haitian -69
107	107	Creole or Brazilian-Portuguese. 70
108	108	(d) "Limited English -proficient voter" means a member of a 71
109	109	language minority group who does not speak or understand English 72
110	110	adequately to participate in th e electoral process. A person who 73
111	111	has not completed the fifth grade is presumed to not speak or 74
112	112	understand English adequately to participate in the electoral 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	process. 76
126	126	(e) "Political subdivision" means a county, municipality, 77
127	127	or special district. 78
128	128	(2) ASSISTANCE FOR LIMITED ENGLISH -PROFICIENT VOTERS.—A 79
129	129	supervisor of elections or political subdivision that 80
130	130	administers an election shall provide language -related 81
131	131	assistance in a covered language to a limited English -proficient 82
132	132	voter if, based on data from the United States Census Bureau 83
133	133	American Community Survey or data of comparable quality 84
134	134	collected by a governmental entity: 85
135	135	(a) More than 2 percent of the residents of voting age in 86
136	136	the political subdivision in which the election is held are 87
137	137	members of a single-language minority group and limited English -88
138	138	proficient voters, if that percentage equals 300 or more 89
139	139	persons; or 90
140	140	(b) For an election held in a political subdivision that 91
141	141	contains any part of a Native American reservation, more than 2 92
142	142	percent of the Native American residents of voting age in the 93
143	143	Native American reservation are members of a single language 94
144	144	minority group and limited English -proficient voters. For 95
145	145	purposes of this paragraph, the term "Native American" means a 96
146	146	person recognized by the Un ited States Census Bureau or the 97
147	147	state as an American Indian. 98
148	148	(3) ELECTION MATERIALS. — 99
149	149	(a) A supervisor of elections or a political subdivision 100
150	150
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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
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162	162	shall provide to a limited English -proficient voter election 101
163	163	materials in his or her covered language that are the same 102
164	164	quality as comparable English language election materials. 103
165	165	(b) English language text must be manually translated. 104
166	166	Automatic translation services may only be used when manual 105
167	167	translation is not possible. 106
168	168	(c) Election materials prepared in a covered language must 107
169	169	be made available at the same time as comparable English 108
170	170	language election materials. 109
171	171	(4) ASSISTANCE HOTLINE. —A supervisor of elections shall 110
172	172	operate and provide public notice of an assistance hotline that 111
173	173	provides language assista nce to limited English -proficient 112
174	174	voters which is staffed during early voting hours, all hours 113
175	175	during which a polling place is open on election day, and all 114
176	176	hours of the period after election day during which a voter may 115
177	177	cure a vote-by-mail ballot or provi sional ballot deficiency. The 116
178	178	hotline must, upon connecting with a caller, provide a prompt 117
179	179	that allows the caller to meaningfully access language 118
180	180	assistance in the caller's covered language. The hotline must 119
181	181	also provide assistance to voters who require a ssistance by 120
182	182	reason of blindness, disability, or inability to read or write. 121
183	183	(5) NOTICES.— 122
184	184	(a) A supervisor of elections who is required to provide 123
185	185	language-related assistance in a covered language under 124
186	186	subsection (2) shall provide, in such covered la nguage, notice 125
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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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199	199	of: 126
200	200	1. Election materials in covered languages for limited 127
201	201	English-proficient voters by prominently displaying signage at 128
202	202	the main office and branch offices of the supervisor, making 129
203	203	printed materials available to voters, and posting infor mation 130
204	204	on the supervisor's public website. 131
205	205	2. The addresses and operating hours of early voting 132
206	206	sites, secure ballot intake station locations, and polling 133
207	207	places by prominently displaying signage at the main office and 134
208	208	branch offices of the supervisor, m aking printed materials 135
209	209	available to voters, and posting information on the supervisor's 136
210	210	public website. 137
211	211	3. Any change in the address or operating hours of an 138
212	212	early voting site, a secure ballot intake station location, or a 139
213	213	polling place by the same mean s as such notice is provided to 140
214	214	voters in English. 141
215	215	(b) An English language sign or poster containing 142
216	216	election-related information which is displayed or distributed 143
217	217	by a supervisor of elections or a political subdivision must be 144
218	218	replicated in each covered language for which the supervisor or 145
219	219	political subdivision is required to provide language -related 146
220	220	assistance under subsection (2). A replicated sign or poster 147
221	221	must be displayed or distributed in the same form and manner and 148
222	222	must use the same font size fo r any printed text as the English 149
223	223	language sign or poster. 150
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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
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236	236	(6) TRANSLATIONS RELATING TO REDISTRICTING. —A governmental 151
237	237	entity responsible for a redistricting process must provide 152
238	238	translation services at meetings and hearings related to 153
239	239	redistricting and translations of redistricting materials in 154
240	240	each covered language in which a supervisor of elections or 155
241	241	political subdivision within an affected geographical area is 156
242	242	required to provide election materials. The translation services 157
243	243	provided by the governmenta l entity must be sufficient to allow 158
244	244	a member of a language minority group who speaks such a covered 159
245	245	language to testify at such meeting or hearing for an amount of 160
246	246	time equal to that allowed to an English -language speaker, 161
247	247	notwithstanding the amount of ti me used to translate the covered 162
248	248	language. 163
249	249	(7) ACTION FOR DECLARATORY JUDGMENT AND INJUNCTIVE 164
250	250	RELIEF.— 165
251	251	(a) Any limited English -proficient voter, organization 166
252	252	whose membership includes limited English -proficient voters, or 167
253	253	organization with the mission of ensuring voting access which is 168
254	254	affected by a violation of this section may bring an action 169
255	255	against a supervisor of elections or a political subdivision in 170
256	256	a court of competent jurisdiction for declaratory judgment and 171
257	257	injunctive relief to enforce the r equirements of this section. 172
258	258	(b) The court shall provide an expedited hearing for any 173
259	259	action brought under this subsection. 174
260	260	(c) The court shall grant injunctive relief upon finding 175
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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
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273	273	that the plaintiff is more likely than not to succeed on the 176
274	274	merits and that it is possible to implement an appropriate 177
275	275	remedy resolving the alleged violation before an upcoming 178
276	276	election. 179
277	277	(d) Upon finding by a preponderance of the evidence that a 180
278	278	violation of this section has occurred, the court shall 181
279	279	implement appropriate remedies. Appropriate remedies include, 182
280	280	but are not limited to, the following: 183
281	281	1. Extending the voting period for additional hours or 184
282	282	days. 185
283	283	2. Requiring a special election. 186
284	284	3. Expanding the opportunities for voter registration and 187
285	285	early voting. 188
286	286	4. Requiring additional voter education outreach. 189
287	287	5. Requiring the provision of requested translation 190
288	288	services. 191
289	289	6. Any reasonable remedy proposed by the prevailing party. 192
290	290	(e) The court shall consider remedies proposed by the 193
291	291	parties to the action and in terested nonparties, but may not 194
292	292	provide automatic deference or priority to a remedy proposed by 195
293	293	a supervisor of elections or a political subdivision. 196
294	294	(f) A party found to be in violation of this section is 197
295	295	liable for damages, including compensatory and punitive damages 198
296	296	for an intentional violation. 199
297	297	(g) The court shall award reasonable attorney fees and 200
298	298
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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
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310	310	costs to the prevailing party, except that attorney fees and 201
311	311	costs may not be awarded to a prevailing defendant unless the 202
312	312	court finds that the action a gainst the defendant was frivolous, 203
313	313	unreasonable, or without merit. A plaintiff is deemed to have 204
314	314	prevailed in an action when, as a result of the action, the 205
315	315	court grants most or all of the specific relief sought by the 206
316	316	plaintiff. 207
317	317	(8) DATA COLLECTION. — 208
318	318	(a) Supervisors of elections and political subdivisions 209
319	319	that administer elections shall collect data on language -related 210
320	320	assistance and translation services provided to limited English -211
321	321	proficient voters. Data collection shall include: 212
322	322	1. Documentation of all encounters with limited English -213
323	323	proficient voters. 214
324	324	2. Tracking the Department of State's frequency of contact 215
325	325	with limited English -proficient voters, including proactive 216
326	326	outreach conducted by a supervisor of elections or a political 217
327	327	subdivision and responsive contact to limited English -proficient 218
328	328	voters. 219
329	329	3. A record of each limited English -proficient voter's 220
330	330	covered language, which must be stored with the voter's voter 221
331	331	registration record. 222
332	332	4. The number of requests for translation services made 223
333	333	within each political subdivision. 224
334	334	5. The number of requests for language -related assistance 225
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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
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347	347	made to each supervisor of elections and each political 226
348	348	subdivision. 227
349	349	6. The number of limited English -proficient voters within 228
350	350	each political subdivision. 229
351	351	7. Documentation of specific language assistance resources 230
352	352	that are available. 231
353	353	8. The frequency of encounters a supervisor of elections 232
354	354	or political subdivision has with limited English -proficient 233
355	355	voters. 234
356	356	9. The results of surveys provided to limited En glish-235
357	357	proficient voters to determine whether the available language 236
358	358	assistance resources are meeting voter needs. 237
359	359	(b) Each supervisor of elections and political subdivision 238
360	360	that administers elections shall publish by July 1, 2025, and 239
361	361	annually thereafter a report containing the data collected under 240
362	362	paragraph (a). 241
363	363	(9) COMPLIANCE WITH FEDERAL LAW. —Translation services 242
364	364	provided under this section must be uniform, nondiscriminatory, 243
365	365	and in compliance with the Voting Rights Act of 1965, the 244
366	366	National Voter Registration Act of 1993, the Help America Vote 245
367	367	Act of 2002, and the Voting Accessibility for the Elderly and 246
368	368	Handicapped Act of 1984. 247
369	369	Section 2. Language Assistance Task Force. — 248
370	370	(1) The Language Assistance Task Force, a task force as 249
371	371	defined in s. 20.03(5), Florida Statutes, is created within the 250
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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	Department of State for the purpose of providing recommendations 251
385	385	to the department for the development and implementation of the 252
386	386	language-related assistance and translation services required 253
387	387	under s. 97.0275, Florida Statutes. Except as otherwise provided 254
388	388	in this section, the task force shall comply with the 255
389	389	requirements of s. 20.052, Florida Statutes. 256
390	390	(2) The task force shall be composed of the following 257
391	391	members, appointed by the Secretary of State: 258
392	392	(a) For each covered language as defined in s. 97.027(1), 259
393	393	Florida Statutes, a member fluent in such language. 260
394	394	(b) Representatives of community -based organizations that 261
395	395	are involved in ensuring voting access for limited English -262
396	396	proficient voters. 263
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398	398	In appointing members to the task force, the Secretary of State 265
399	399	shall consider whether the persons and organizations have 266
400	400	experience with limited English -proficient voters in the state 267
401	401	or relevant political subdivisions and shall prioritize 268
402	402	selecting members from diver se backgrounds. 269
403	403	(3) The task force shall submit a report of its 270
404	404	recommendations to the department by June 30, 2025. Upon 271
405	405	submission of the report, the task force shall expire. 272
406	406	Section 3. This act shall take effect July 1, 2024. 273