Florida Senate - 2024 SB 1752 By Senator Ingoglia 11-00760B-24 20241752__ 1 A bill to be entitled 2 An act relating to elections; amending s. 101.5605, 3 F.S.; prohibiting the Department of State from 4 approving certain voting systems; amending s. 5 101.5607, F.S.; requiring the department to make 6 certain information and materials available to the 7 public on its website within a certain timeframe; 8 deleting a provision specifying applicability of a 9 public records exemption to certain software on file 10 with the department; creating s. 101.592, F.S.; 11 requiring the county canvassing board to conduct a 12 manual count in certain precincts before certification 13 of certain elections; providing for the random 14 selection of precincts subject to the manual count by 15 the Secretary of State; requiring the Secretary of 16 State to inform the county canvassing board of the 17 randomly selected precincts in advance of the 18 election; prohibiting the disclosure of the randomly 19 selected precincts before election day; specifying 20 requirements for the manual count; requiring specified 21 public access and notice to the manual count; 22 specifying applicable procedures for the manual count; 23 providing duties of the county canvassing board in 24 conducting the manual count; requiring the Secretary 25 of State to order a countywide manual recount if 26 certain conditions are met; providing applicability; 27 authorizing the Secretary of State to make certain 28 referrals to the Office of Election Crimes and 29 Security for investigation; amending s. 101.62, F.S.; 30 providing limitations on a voters eligibility for 31 requesting a vote-by-mail ballot; providing that a 32 vote-by-mail ballot request is limited to a single 33 election; requiring a person making a vote-by-mail 34 ballot request to disclose the absent voters basis 35 for voting by mail; conforming provisions to changes 36 made by the act; amending s. 101.64, F.S.; revising 37 the voters certificate on the vote-by-mail mailing 38 envelope to conform to changes made by the act; 39 amending s. 101.65, F.S.; revising instructions to 40 absent electors to conform to changes made by the act; 41 amending s. 101.657, F.S.; revising the timeframe 42 during which early voting must be provided by the 43 supervisor of elections; amending s. 101.662, F.S.; 44 conforming provisions to changes made by the act; 45 amending s. 101.69, F.S.; deleting authorization for 46 the placement of secure ballot intake stations at 47 early voting sites and sites that would otherwise 48 qualify as an early voting site; conforming provisions 49 to changes made by the act; amending s. 101.6921, 50 F.S.; revising the voters certificate on the mailing 51 envelope of special vote-by-mail ballots to certain 52 first-time voters to conform to changes made by the 53 act; amending ss. 101.6103 and 101.694, F.S.; 54 conforming cross-references; rescinding vote-by-mail 55 ballot requests for certain elections as of a 56 specified date; requiring a supervisor of elections to 57 provide certain notice to voters with pending vote-by 58 mail ballot requests; specifying requirements for such 59 notice; providing applicability; requiring the 60 department to initiate emergency rulemaking for a 61 specified purpose within a certain timeframe; 62 specifying the duration of any emergency rules 63 adopted; providing an effective date. 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67 Section 1.Subsection (5) is added to section 101.5605, 68 Florida Statutes, to read: 69 101.5605Examination and approval of equipment. 70 (5)The Department of State may not approve any voting 71 system that: 72 (a)Incorporates hardware or software designed, produced, 73 owned, or licensed by an entity that is owned, operated, or 74 majority-controlled by a company outside of the United States or 75 a domestic company registered in another country, including a 76 domesticated foreign corporation, or by a person who is not a 77 United States citizen; 78 (b)Is produced, in whole or in part, including software, 79 hardware, tabulating equipment, printers, and any other 80 accessories, in a foreign country; or 81 (c)Uses software that is not open-source and not available 82 for inspection by the public. 83 Section 2.Section 101.5607, Florida Statutes, is amended 84 to read: 85 101.5607Department of State to maintain voting system 86 information; prepare software. 87 (1)(a)Copies of the program codes and the user and 88 operator manuals and copies of all software and any other 89 information, specifications, or documentation required by the 90 Department of State relating to an approved electronic or 91 electromechanical voting system and its equipment must be filed 92 with the Department of State by the supervisor of elections at 93 the time of purchase or implementation. Any such information or 94 materials that are not on file with and approved by the 95 Department of State, including any updated or modified 96 materials, may not be used in an election. Such information and 97 materials must be made available to the public on the Department 98 of States website at least 3 months before an election in which 99 it will be used. 100 (b)Within 24 hours after the completion of any logic and 101 accuracy test conducted pursuant to s. 101.5612, the supervisor 102 of elections shall send by certified mail to the Department of 103 State a copy of the tabulation program which was used in the 104 logic and accuracy testing. 105 (c)The Department of State may, at any time, review the 106 voting system of any county to ensure compliance with the 107 Electronic Voting Systems Act. 108 (d)Section 119.071(1)(f) applies to all software on file 109 with the Department of State. 110 (2)(a)The Department of State may develop software for use 111 with an electronic or electromechanical voting system. The 112 standards and examination procedures developed for software 113 apply to all software developed by the Department of State. 114 (b)Software prepared, and software filed with the 115 Department of State pursuant to paragraph (1)(a), by the 116 Department of State is a public record pursuant to chapter 119 117 and shall be provided at the actual cost of duplication. 118 Section 3.Section 101.592, Florida Statutes, is created to 119 read: 120 101.592Manual count. 121 (1)(a)Before the county canvassing board certifies the 122 results of an election with state or federal races, the county 123 canvassing board shall conduct a manual count of the votes of 124 two precincts per county which are randomly selected by the 125 Secretary of State. The Secretary of State shall inform the 126 county canvassing board of the randomly selected precincts at 127 least 15 days before the election. 128 (b)The precincts randomly selected by the Secretary of 129 State may not be publicly announced before the close of polls on 130 election day. 131 (2)(a)A manual count consists of a count of all election 132 day marksense ballots or of digital images of those ballots by 133 an individual. A manual count must include a tally of the 134 election day votes cast across every race and ballot measure 135 that appear on the ballot in each of the two precincts randomly 136 selected by the Secretary of State. 137 (b)The manual count must be open to the public, and the 138 county canvassing board shall post a notice of the manual count, 139 including the date, time, and place of such count, in four 140 conspicuous places in the county and on the homepage of the 141 supervisor of elections website. 142 (3)A vote for a candidate or ballot measure must be 143 counted if there is a clear indication on the ballot that the 144 voter has made a definite choice consistent with the parameters 145 set forth in s. 102.166(4) and the specific rules adopted by the 146 department pursuant to that section. 147 (4)Procedures for a manual count must adhere to the 148 procedures set forth in s. 102.166(5) and the rules adopted by 149 the department pursuant to that section. 150 (5)(a)The canvassing board for each county must compare 151 the results of the manual count in each randomly selected 152 precinct to the precinct vote totals provided for in s. 102.071. 153 The results of the manual count must be reported to the 154 Secretary of State no later than noon on the third day after any 155 primary election and no later than noon on the fifth day after 156 any general or other election. 157 (b)If the difference in the vote counts between the manual 158 count and the precinct vote total provided for in s. 102.071 for 159 a race or ballot measure is enough to change the outcome of a 160 race or ballot measure when extrapolated across all precincts 161 where the race or ballot measure appeared on the ballot, the 162 Secretary of State must order a countywide manual recount of all 163 election-day, vote-by-mail, early voting, provisional, and 164 overseas ballots cast in the county for the race or ballot 165 measure. The results of the manual recount must be the certified 166 election results. This paragraph does not apply to a race or 167 ballot measure where the Secretary of State, county canvassing 168 board, or the local board responsible for certifying the 169 election is required to order a recount pursuant to s. 102.141. 170 (6)Upon receipt of the results of a countys manual count, 171 the Secretary of State may refer any suspected irregularities or 172 violations of law associated with the voting systems and 173 election procedures in a county to the Office of Election Crimes 174 and Security for further investigation. 175 Section 4.Section 101.62, Florida Statutes, is amended to 176 read: 177 101.62Request for vote-by-mail ballots. 178 (1)ELIGIBILITY. 179 (a)A qualified absent voter may vote by mail if, on 180 election day and during early in-person voting, the absent voter 181 expects to be: 182 1.Absent from the county of his or her residence; 183 2.Unable to appear personally at the early voting site or 184 polling place of the precinct in which he or she is a qualified 185 voter because of illness or physical disability or duties 186 related to the primary care of one or more individuals who are 187 ill or physically disabled, or because he or she will be or is a 188 patient in a hospital; 189 3.A resident or patient of a United States Department of 190 Veterans Affairs medical facility; or 191 4.Absent from his or her legal residence because he or she 192 is confined in jail, provided that he or she is qualified to 193 vote in the precinct of his or her residence. 194 (b)The eligibility requirements to vote by mail set forth 195 in paragraph (a) do not apply to voters entitled to vote by mail 196 under the Uniformed and Overseas Citizens Absentee Voting Act. 197 (2)REQUEST. 198 (a)The supervisor shall accept a request for a vote-by 199 mail ballot only from an absent a voter or, if directly 200 instructed by the absent voter, a member of the absent voters 201 immediate family or the absent voters legal guardian. A request 202 may be made in person, in writing, by telephone, or through the 203 supervisors website. The department shall prescribe by rule by 204 October 1, 2023, a uniform statewide application to make a 205 written request for a vote-by-mail ballot which includes fields 206 for all information required in this subsection. An absent voter 207 must submit a separate request for a vote-by-mail ballot for 208 each election. For purposes of this requirement, a primary 209 election and the subsequent general election are separate 210 elections One request is deemed sufficient to receive a vote-by 211 mail ballot for all elections through the end of the calendar 212 year of the next regularly scheduled general election, unless 213 the voter or the voters designee indicates at the time the 214 request is made the elections within such period for which the 215 voter desires to receive a vote-by-mail ballot. The supervisor 216 must cancel a request for a vote-by-mail ballot when any first 217 class mail or nonforwardable mail sent by the supervisor to the 218 voter is returned as undeliverable. If the absent voter requests 219 a vote-by-mail ballot thereafter, the absent voter must provide 220 or confirm his or her current residential address. 221 (b)The supervisor may accept a request for a vote-by-mail 222 ballot to be mailed to an absent a voters address on file in 223 the Florida Voter Registration System from the absent voter, or, 224 if directly instructed by the absent voter, a member of the 225 absent voters immediate family or the absent voters legal 226 guardian. If an in-person or a telephonic request is made, the 227 voter must provide the absent voters Florida driver license 228 number, the absent voters Florida identification card number, 229 or the last four digits of the absent voters social security 230 number, whichever may be verified in the supervisors records, 231 and the absent voters basis for voting by mail. If the ballot 232 is requested to be mailed to an address other than the absent 233 voters address on file in the Florida Voter Registration 234 System, the request must be made in writing. A written request 235 must be signed by the absent voter and include the absent 236 voters Florida driver license number, the absent voters 237 Florida identification card number, or the last four digits of 238 the absent voters social security number, and the absent 239 voters basis for voting by mail. However, an absent uniformed 240 services voter or an overseas voter seeking a vote-by-mail 241 ballot is not required to submit a signed, written request for a 242 vote-by-mail ballot that is being mailed to an address other 243 than the absent voters address on file in the Florida Voter 244 Registration System. The person making the request must 245 disclose: 246 1.The name of the absent voter for whom the ballot is 247 requested. 248 2.The absent voters address. 249 3.The absent voters date of birth. 250 4.The absent voters Florida driver license number, the 251 absent voters Florida identification card number, or the last 252 four digits of the absent voters social security number, 253 whichever may be verified in the supervisors records. If the 254 absent voters registration record does not already include the 255 absent voters Florida driver license number or Florida 256 identification card number or the last four digits of the absent 257 voters social security number, the number provided must be 258 recorded in the absent voters registration record. 259 5.The absent voters basis for voting by mail. 260 6. The requesters name. 261 7.6.The requesters address. 262 8.7.The requesters driver license number, the requesters 263 identification card number, or the last four digits of the 264 requesters social security number, if available. 265 9.8.The requesters relationship to the absent voter. 266 10.9.The requesters signature (written requests only). 267 (c)Upon receiving a request for a vote-by-mail ballot from 268 an absent voter, the supervisor of elections shall notify the 269 voter of the free access system that has been designated by the 270 department for determining the status of his or her vote-by-mail 271 ballot. 272 (d)For purposes of this section, the term immediate 273 family refers to the following, as applicable: 274 1.The absent voters spouse, parent, child, grandparent, 275 grandchild, or sibling, or the parent, child, grandparent, 276 grandchild, or sibling of the absent voters spouse. 277 2.The designees spouse, parent, child, grandparent, 278 grandchild, or sibling, or the parent, child, grandparent, 279 grandchild, or sibling of the designees spouse. 280 (3)(2)ACCESS TO VOTE-BY-MAIL REQUEST INFORMATION.For each 281 request for a vote-by-mail ballot received, the supervisor shall 282 record the following information: the date the request was made; 283 the identity of the absent voters designee making the request, 284 if any; the Florida driver license number, Florida 285 identification card number, or last four digits of the social 286 security number of the absent voter provided with a written 287 request; the absent voters basis for voting by mail; the date 288 the vote-by-mail ballot was delivered to the absent voter or the 289 absent voters designee or the date the vote-by-mail ballot was 290 delivered to the post office or other carrier; the address to 291 which the ballot was mailed or the identity of the absent 292 voters designee to whom the ballot was delivered; the date the 293 ballot was received by the supervisor; the absence of the absent 294 voters signature on the voters certificate, if applicable; 295 whether the voters certificate contains a signature that does 296 not match the voters signature in the registration books or 297 precinct register; and such other information he or she may deem 298 necessary. This information must be provided in electronic 299 format as provided by division rule. The information must be 300 updated and made available no later than 8 a.m. of each day, 301 including weekends, beginning 60 days before the primary until 302 15 days after the general election and shall be 303 contemporaneously provided to the division. This information is 304 confidential and exempt from s. 119.07(1) and shall be made 305 available to or reproduced only for the voter requesting the 306 ballot, a canvassing board, an election official, a political 307 party or official thereof, a candidate who has filed 308 qualification papers and is opposed in an upcoming election, and 309 registered political committees for political purposes only. 310 (4)(3)DELIVERY OF VOTE-BY-MAIL BALLOTS. 311 (a)No later than 45 days before each presidential 312 preference primary election, primary election, and general 313 election, the supervisor of elections shall send a vote-by-mail 314 ballot as provided in subparagraph (d)2. to each absent 315 uniformed services voter and to each overseas voter who has 316 requested a vote-by-mail ballot. 317 (b)The supervisor shall mail a vote-by-mail ballot to each 318 absent qualified voter, other than those listed in paragraph 319 (a), who has requested such a ballot, between the 40th and 33rd 320 days before the presidential preference primary election, 321 primary election, and general election. 322 (c)Except as otherwise provided in paragraph (a) or 323 paragraph (b), the supervisor shall mail vote-by-mail ballots 324 within 2 business days after receiving a request for such a 325 ballot, but no later than the 10th day before election day. The 326 deadline to submit a request for a ballot to be mailed is 5 p.m. 327 local time on the 12th day before an upcoming election. 328 (d)Upon a request for a vote-by-mail ballot, the 329 supervisor shall provide a vote-by-mail ballot to each absent 330 voter by whom a request for that ballot has been made, by one of 331 the following means: 332 1.By nonforwardable, return-if-undeliverable mail to the 333 absent voters current mailing address on file with the 334 supervisor or any other address the voter specifies in the 335 request. The envelopes must be prominently marked Do Not 336 Forward. 337 2.By forwardable mail, e-mail, or facsimile machine 338 transmission to absent uniformed services voters and overseas 339 voters. The absent uniformed services voter or overseas voter 340 may designate in the vote-by-mail ballot request the preferred 341 method of transmission. If the voter does not designate the 342 method of transmission, the vote-by-mail ballot must be mailed. 343 3.By personal delivery to the absent voter after vote-by 344 mail ballots have been mailed and up to 7 p.m. on election day 345 upon presentation of the identification required in s. 101.043. 346 4.By delivery to the absent voters designee after vote 347 by-mail ballots have been mailed and up to 7 p.m. on election 348 day. An absent Any voter may designate in writing a person to 349 pick up the ballot for the voter; however, the person designated 350 may not pick up more than two vote-by-mail ballots per election, 351 other than the designees own ballot, except that additional 352 ballots may be picked up for members of the designees immediate 353 family. The designee shall provide to the supervisor the written 354 authorization by the absent voter and a picture identification 355 of the designee and must complete an affidavit. The designee 356 shall state in the affidavit that the designee is authorized by 357 the voter to pick up that ballot and shall indicate if the 358 absent voter is a member of the designees immediate family and, 359 if so, the relationship. The department shall prescribe the form 360 of the affidavit. If the supervisor is satisfied that the 361 designee is authorized to pick up the ballot and that the 362 signature of the absent voter on the written authorization 363 matches the signature of the voter on file, the supervisor must 364 give the ballot to that designee for delivery to the absent 365 voter. 366 5.Except as provided in s. 101.655, the supervisor may not 367 deliver a vote-by-mail ballot to an absent a voter or a voters 368 designee pursuant to subparagraph 3. or subparagraph 4., 369 respectively, during the mandatory early voting period and up to 370 7 p.m. on election day, unless there is an emergency, to the 371 extent that the absent voter will be unable to go to a 372 designated early voting site in his or her county or to his or 373 her assigned polling place on election day. If a vote-by-mail 374 ballot is delivered, the absent voter or his or her designee 375 must execute an affidavit affirming to the facts which allow for 376 delivery of the vote-by-mail ballot. The department shall adopt 377 a rule providing for the form of the affidavit. 378 (5)(4)SPECIAL CIRCUMSTANCES.If the department is unable 379 to certify candidates for an election in time to comply with 380 paragraph (4)(a) (3)(a), the Department of State is authorized 381 to prescribe rules for a ballot to be sent to absent uniformed 382 services voters and overseas voters. 383 (6)(5)MATERIALS.Only the materials necessary to vote by 384 mail may be mailed or delivered with any vote-by-mail ballot. 385 (7)(6)PROHIBITION.Except as expressly authorized for 386 voters having a disability under s. 101.662, for overseas voters 387 under s. 101.697, or for local referenda under ss. 101.6102 and 388 101.6103, a county, municipality, or state agency may not send a 389 vote-by-mail ballot to a voter unless the voter has requested a 390 vote-by-mail ballot in the manner authorized under this section. 391 Section 5.Paragraph (a) of subsection (1) of section 392 101.64, Florida Statutes, is amended to read: 393 101.64Delivery of vote-by-mail ballots; envelopes; form. 394 (1)(a)The supervisor shall enclose with each vote-by-mail 395 ballot two envelopes: a secrecy envelope, into which the absent 396 elector shall enclose his or her marked ballot; and a mailing 397 envelope, into which the absent elector shall then place the 398 secrecy envelope, which must shall be addressed to the 399 supervisor and also bear on the back side a certificate in 400 substantially the following form: 401 402 Note: Please Read Instructions Carefully Before 403 Marking Ballot and Completing Voters Certificate. 404 405 VOTERS CERTIFICATE 406 I, ...., do solemnly swear or affirm that I am a qualified 407 and registered voter of .... County, Florida, and that I have 408 not and will not vote more than one ballot in this election. I 409 understand that if I commit or attempt to commit any fraud in 410 connection with voting, vote a fraudulent ballot, or vote more 411 than once in an election, I can be convicted of a felony of the 412 third degree and fined up to $5,000 and/or imprisoned for up to 413 5 years. I also understand that failure to sign this certificate 414 will invalidate my ballot. 415 416 I further swear or affirm that I am eligible to vote by 417 mail pursuant to the Uniformed and Overseas Citizens Absentee 418 Voting Act or because on election day or during in-person early 419 voting, I expect to be or am (one or more may apply): 420 1.Absent from my county of residence; 421 2.Unable to appear personally at my early voting site or 422 my precincts polling place or early voting location because of 423 illness or physical disability or duties related to the primary 424 care of one or more individuals who are ill or physically 425 disabled, or because I will be or am a patient in a hospital; 426 3.A resident or patient of a United States Department of 427 Veterans Affairs medical facility; or 428 4.Absent from my legal residence because I am confined in 429 jail and am qualified to vote. 430 ...(Date)... ...(Voters Signature)... 431 ...(E-Mail Address)... ...(Home Telephone Number)... 432 ...(Mobile Telephone Number)... 433 434 Section 6.Section 101.65, Florida Statutes, is amended to 435 read: 436 101.65Instructions to absent electors.The supervisor 437 shall enclose with each vote-by-mail ballot separate printed 438 instructions in substantially the following form; however, where 439 the instructions appear in capitalized text, the text of the 440 printed instructions must be in bold font: 441 442 READ THESE INSTRUCTIONS CAREFULLY 443 BEFORE MARKING BALLOT. 444 445 1.VERY IMPORTANT. In order to ensure that your vote-by 446 mail ballot will be counted, it should be completed and returned 447 as soon as possible so that it can reach the supervisor of 448 elections of the county in which your precinct is located no 449 later than 7 p.m. on the day of the election. However, if you 450 are an overseas voter casting a ballot in a presidential 451 preference primary or general election, your vote-by-mail ballot 452 must be postmarked or dated no later than the date of the 453 election and received by the supervisor of elections of the 454 county in which you are registered to vote no later than 10 days 455 after the date of the election. Note that the later you return 456 your ballot, the less time you will have to cure any signature 457 deficiencies, which is authorized until 5 p.m. on the 2nd day 458 after the election. 459 2.Mark your ballot in secret as instructed on the ballot. 460 You must mark your own ballot unless you are unable to do so 461 because of blindness, disability, or inability to read or write. 462 3.Mark only the number of candidates or issue choices for 463 a race as indicated on the ballot. If you are allowed to Vote 464 for One candidate and you vote for more than one candidate, 465 your vote in that race will not be counted. 466 4.Place your marked ballot in the enclosed secrecy 467 envelope. 468 5.Insert the secrecy envelope into the enclosed mailing 469 envelope which is addressed to the supervisor. 470 6.Seal the mailing envelope and completely fill out the 471 Voters Certificate on the back of the mailing envelope. 472 7.VERY IMPORTANT. In order for your vote-by-mail ballot to 473 be counted, you must sign your name on the line above (Voters 474 Signature). A vote-by-mail ballot will be considered illegal and 475 not be counted if the signature on the voters certificate does 476 not match the signature on record. The signature on file at the 477 time the supervisor of elections in the county in which your 478 precinct is located receives your vote-by-mail ballot is the 479 signature that will be used to verify your signature on the 480 voters certificate. If you need to update your signature for 481 this election, send your signature update on a voter 482 registration application to your supervisor of elections so that 483 it is received before your vote-by-mail ballot is received. 484 8.VERY IMPORTANT. If you are an overseas voter, you must 485 include the date you signed the Voters Certificate on the line 486 above (Date) or your ballot may not be counted. 487 9.Mail, deliver, or have delivered the completed mailing 488 envelope. Be sure there is sufficient postage if mailed. THE 489 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO AN AUTHORIZED 490 SECURE BALLOT INTAKE STATION LOCATED AT THE OFFICE OF THE 491 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS 492 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE 493 STATION, AVAILABLE AT EACH EARLY VOTING LOCATION. 494 10.FELONY NOTICE. It is a felony under Florida law to 495 accept any gift, payment, or gratuity in exchange for your vote 496 for a candidate. It is also a felony under Florida law to vote 497 in an election using a false identity or false address, or under 498 any other circumstances making your ballot false or fraudulent. 499 Section 7.Paragraph (d) of subsection (1) of section 500 101.657, Florida Statutes, is amended to read: 501 101.657Early voting. 502 (1) 503 (d)Early voting shall begin on the 15th 10th day before an 504 election that contains state or federal races and end on the 2nd 505 3rd day before the election, and must shall be provided for no 506 less than 8 hours and no more than 12 hours per day at each site 507 during the applicable period. In addition, early voting may be 508 offered at the discretion of the supervisor of elections on the 509 15th, 14th, 13th, 12th, 11th, or 2nd day before an election that 510 contains state or federal races for at least 8 hours per day, 511 but not more than 12 hours per day. The supervisor of elections 512 may provide early voting for elections that are not held in 513 conjunction with a state or federal election. However, the 514 supervisor has the discretion to determine the hours of 515 operation of early voting sites in those elections. 516 Section 8.Section 101.662, Florida Statutes, is amended to 517 read: 518 101.662Accessibility of vote-by-mail ballots.It is the 519 intent of the Legislature that voting by vote-by-mail ballot be 520 by methods that are fully accessible to all absent voters 521 eligible to vote by mail, including voters having a disability. 522 The Department of State shall work with the supervisors of 523 elections and the disability community to develop and implement 524 procedures and technologies, as possible, which will include 525 procedures for providing vote-by-mail ballots, upon request, in 526 alternative formats that will allow all eligible absent voters 527 to cast a secret, independent, and verifiable vote-by-mail 528 ballot without the assistance of another person. 529 Section 9.Subsection (2) of section 101.69, Florida 530 Statutes, is amended to read: 531 101.69Voting in person; return of vote-by-mail ballot. 532 (2)(a)The supervisor shall allow an absent elector who has 533 received a vote-by-mail ballot to physically return a voted 534 vote-by-mail ballot to the supervisor by placing the return mail 535 envelope containing his or her marked ballot in a secure ballot 536 intake station. A secure ballot intake station must stations 537 shall be placed at the main office of the supervisor and may be 538 placed, at each permanent branch office of the supervisor which 539 meets the criteria set forth in s. 101.657(1)(a) for branch 540 offices used for early voting and which is open for at least the 541 minimum number of hours prescribed by s. 98.015(4), and at each 542 early voting site. Secure ballot intake stations may also be 543 placed at any other site that would otherwise qualify as an 544 early voting site under s. 101.657(1). Secure ballot intake 545 stations must be geographically located so as to provide all 546 voters in the county with an equal opportunity to cast a ballot, 547 insofar as is practicable. Except for secure ballot intake 548 stations at an office of the supervisor, a secure ballot intake 549 station may only be used during the countys early voting hours 550 of operation and must be monitored in person by an employee of 551 the supervisors office. A secure ballot intake station at an 552 office of the supervisor must be continuously monitored in 553 person by an employee of the supervisors office when the secure 554 ballot intake station is accessible for deposit of ballots. 555 (b)1.A supervisor shall designate each secure ballot 556 intake station location at least 30 days before an election. The 557 supervisor shall provide the address of each secure ballot 558 intake station location to the division at least 30 days before 559 an election. After a secure ballot intake station location has 560 been designated, it may not be moved or changed except as 561 approved by the division to correct a violation of this 562 subsection. 563 (c)1.On each day of early voting, all secure ballot intake 564 stations must be emptied at the end of early voting hours and 565 all ballots retrieved from the secure ballot intake stations 566 must be returned to the supervisors office. 567 2.For secure ballot intake stations located at an office 568 of the supervisor, All ballots must be retrieved before the 569 secure ballot intake station is no longer monitored by an 570 employee of the supervisor. 571 2.3.Employees of the supervisor must comply with 572 procedures for the chain of custody of ballots as required by s. 573 101.015(4). 574 Section 10.Subsection (3) of section 101.6921, Florida 575 Statutes, is amended to read: 576 101.6921Delivery of special vote-by-mail ballot to certain 577 first-time voters. 578 (3)The Voters Certificate shall be in substantially the 579 following form: 580 581 Note: Please Read Instructions Carefully Before Marking Ballot 582 and Completing Voters Certificate. 583 584 VOTERS CERTIFICATE 585 586 I, ...., do solemnly swear or affirm that I am a qualified 587 and registered voter of .... County, Florida, and that I have 588 not and will not vote more than one ballot in this election. I 589 understand that if I commit or attempt to commit any fraud in 590 connection with voting, vote a fraudulent ballot, or vote more 591 than once in an election, I can be convicted of a felony of the 592 third degree and fined up to $5,000 and/or imprisoned for up to 593 5 years. I also understand that failure to sign this certificate 594 will invalidate my ballot. 595 I further swear or affirm that I am eligible to vote by 596 mail pursuant to the Uniformed and Overseas Citizens Absentee 597 Voting Act or because on election day or during in-person early 598 voting, I expect to be or am (one or more may apply): 599 1.Absent from my county of residence; 600 2.Unable to appear personally at my early voting site or 601 my precincts polling place or early voting location because of 602 illness or physical disability or duties related to the primary 603 care of one or more individuals who are ill or physically 604 disabled, or because I will be or am a patient in a hospital; 605 3.A resident or patient of a United States Department of 606 Veterans Affairs medical facility; or 607 4.Absent from my legal residence because I am confined in 608 jail and am qualified to vote. 609 I understand that unless I meet one of the exemptions 610 below, I must provide a copy of a current and valid 611 identification as provided in the instruction sheet to the 612 supervisor of elections in order for my ballot to count. 613 I further certify that I am exempt from the requirements to 614 furnish a copy of a current and valid identification with my 615 ballot because of one or more of the following (check all that 616 apply): 617 I am 65 years of age or older. 618 I have a permanent or temporary physical disability. 619 I am a member of a uniformed service on active duty who, 620 by reason of such active duty, will be absent from the county on 621 election day. 622 I am a member of the Merchant Marine who, by reason of 623 service in the Merchant Marine, will be absent from the county 624 on election day. 625 I am the spouse or dependent of a member of the uniformed 626 service or Merchant Marine who, by reason of the active duty or 627 service of the member, will be absent from the county on 628 election day. 629 I am currently residing outside the United States. 630 631 ...(Date)... ...Voters Signature... 632 633 Section 11.Subsection (1) of section 101.6103, Florida 634 Statutes, is amended to read: 635 101.6103Mail ballot election procedure. 636 (1)Except as otherwise provided in subsection (7), the 637 supervisor of elections shall mail all official ballots with a 638 secrecy envelope, a return mailing envelope, and instructions 639 sufficient to describe the voting process to each elector 640 entitled to vote in the election within the timeframes specified 641 in s. 101.62(4) s. 101.62(3). All such ballots must be mailed by 642 first-class mail. Ballots must be addressed to each elector at 643 the address appearing in the registration records and placed in 644 an envelope which is prominently marked Do Not Forward. 645 Section 12.Subsection (1) of section 101.694, Florida 646 Statutes, is amended to read: 647 101.694Mailing of ballots upon receipt of federal postcard 648 application. 649 (1)Upon receipt of a federal postcard application for a 650 vote-by-mail ballot executed by a person whose registration is 651 in order or whose application is sufficient to register or 652 update the registration of that person, the supervisor shall 653 send the ballot in accordance with s. 101.62(4) s. 101.62(3). 654 Section 13.All vote-by-mail ballot requests for the August 655 2024 statewide primary election and any election occurring 656 thereafter are canceled as of the effective date of this act. 657 Within 60 days after the effective date of this act, a county 658 supervisor of elections shall contact and provide notice by 659 mail, telephone, and e-mail to each voter in the supervisors 660 county who made a request for a vote-by-mail ballot for the 661 August 2024 statewide primary election and any election 662 occurring thereafter, informing the voter of the new 663 requirements for requesting a vote-by-mail ballot and the 664 expanded in-person early voting opportunities provided for under 665 this act. 666 Section 14.The amendments made by this act do not apply to 667 any election occurring before the statewide primary election to 668 be held in August 2024. 669 Section 15.Within 30 days after this act becoming a law, 670 the Department of State shall initiate emergency rulemaking for 671 the purpose of revising the uniform statewide application for 672 written requests for vote-by-mail ballots to conform to the 673 amendments made to s. 101.62, Florida Statutes, by this act. All 674 conditions to adopt emergency rules pursuant to s. 120.54, 675 Florida Statutes, are deemed met. Emergency rules adopted under 676 this section are exempt from s. 120.54(4)(c), Florida Statutes, 677 and shall remain in effect until replaced by rules adopted under 678 the nonemergency rulemaking procedures of chapter 120, Florida 679 Statutes, which must occur no later than July 1, 2025. 680 Section 16.This act shall take effect upon becoming a law.