Florida Senate - 2025 SB 390 By Senator Garcia 36-00275-25 2025390__ 1 A bill to be entitled 2 An act relating to ballot boxes; amending s. 101.24, 3 F.S.; requiring that ballot boxes or ballot transfer 4 containers be transported from a supervisor of 5 elections to a precinct by a law enforcement officer; 6 requiring that all ballot boxes and ballot transfer 7 containers be under the supervision of a law 8 enforcement officer at all times until they have been 9 transported to a supervisor; amending s. 102.071, 10 F.S.; requiring that all ballot boxes, ballots, ballot 11 stubs, memoranda, and other related papers be 12 transported to a supervisors office by a law 13 enforcement officer; making technical changes; 14 amending s. 102.101, F.S.; conforming provisions to 15 changes made by the act; amending s. 943.1718, F.S.; 16 requiring that certain policies and procedures include 17 general guidelines for the recording and the proper 18 storage, retention, and release of body camera audio 19 and video data recorded by body cameras while 20 performing specified actions; requiring such a law 21 enforcement agency to ensure that specified personnel 22 are trained in certain policies and procedures; making 23 technical changes; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Section 101.24, Florida Statutes, is amended to 28 read: 29 101.24Ballot boxes and ballots. 30 (1)The supervisor of elections shall prepare for each 31 polling place one ballot box of sufficient size to contain all 32 the ballots of the particular precinct, and the ballot box shall 33 be plainly marked with the name of the precinct for which it is 34 intended. An additional ballot box, if necessary, may be 35 supplied to any precinct. Before each election, the supervisor 36 shall place in the ballot box or ballot transfer container as 37 many ballots as are required in s. 101.21. After securely 38 sealing the ballot box or ballot transfer container, the 39 supervisor shall send the ballot box or ballot transfer 40 container to the clerk or inspector of election of the precinct 41 in which it is to be used. A law enforcement officer shall 42 transport the ballot box or ballot transfer container from the 43 supervisor to the precinct. The clerk or inspector shall be 44 placed under oath or affirmation to perform his or her duties 45 faithfully and without favor or prejudice to any political 46 party. 47 (2)A ballot box or ballot transfer container must be under 48 the supervision of a law enforcement officer at all times during 49 an election until such ballot box or ballot transfer container 50 has been transported to the supervisor. 51 Section 2.Section 102.071, Florida Statutes, is amended to 52 read: 53 102.071Tabulation of votes and proclamation of results. 54 The election board shall post at the polls, for the benefit of 55 the public, the results of the voting for each office or other 56 item on the ballot as the count is completed. Upon completion of 57 all counts in all races, a certificate of the results must shall 58 be drawn up by the inspectors and clerk at each precinct upon a 59 form provided by the supervisor of elections which must shall 60 contain the name of each person voted for, for each office, and 61 the number of votes cast for each person for such office; and, 62 if any question is submitted, the certificate must shall also 63 contain the number of votes cast for and against the question. 64 The certificate must shall be signed by the inspectors and clerk 65 and must shall be delivered without delay by one of the 66 inspectors, securely sealed, to the supervisor for immediate 67 publication. All the ballot boxes, ballots, ballot stubs, 68 memoranda, and papers of all kinds used in the election must 69 shall also be transported transmitted, after being sealed by the 70 inspectors, to the supervisors office by a law enforcement 71 officer. Registration books and the poll lists may shall not be 72 placed in the ballot boxes but must shall be returned to the 73 supervisor. 74 Section 3.Section 102.101, Florida Statutes, is amended to 75 read: 76 102.101Sheriff and other officers not allowed in polling 77 place.Except as provided in ss. 101.24 and 102.071, a sheriff, 78 a deputy sheriff, a police officer, a special officer appointed 79 pursuant to s. 102.091, or any other officer of the law is not 80 allowed within a polling place without permission from the clerk 81 or a majority of the inspectors, except to cast his or her 82 ballot. Upon the failure of any such officer to comply with this 83 section, the clerk or the inspectors must make an affidavit 84 against the officer for his or her arrest. 85 Section 4.Subsections (2) and (3) of section 943.1718, 86 Florida Statutes, are amended to read: 87 943.1718Body cameras; policies and procedures. 88 (2)A law enforcement agency that authorizes permits its 89 law enforcement officers to wear body cameras shall establish 90 policies and procedures addressing the proper use, maintenance, 91 and storage of body cameras and the data recorded by body 92 cameras. The policies and procedures must include: 93 (a)General guidelines for the proper use, maintenance, and 94 storage of body cameras. 95 (b)Any limitations on which law enforcement officers are 96 permitted to wear body cameras. 97 (c)Any limitations on law-enforcement-related encounters 98 and activities in which law enforcement officers are permitted 99 to wear body cameras. 100 (d)A provision permitting a law enforcement officer using 101 a body camera to review the recorded footage from the body 102 camera, upon his or her own initiative or request, before 103 writing a report or providing a statement regarding any event 104 arising within the scope of his or her official duties. Any such 105 provision may not apply to an officers inherent duty to 106 immediately disclose information necessary to secure an active 107 crime scene or to identify suspects or witnesses. 108 (e)General guidelines for the proper storage, retention, 109 and release of audio and video data recorded by body cameras. 110 (f)General guidelines for the recording and proper 111 storage, retention, and release of audio and video data recorded 112 while performing the duties required by ss. 101.24 and 102.071. 113 (3)A law enforcement agency that authorizes permits its 114 law enforcement officers to wear body cameras shall: 115 (a)Ensure that all personnel who wear, use, maintain, or 116 store body cameras are trained in the law enforcement agencys 117 policies and procedures concerning them. 118 (b)Ensure that all personnel who wear or use a body 119 camera, or use, maintain, store, or release audio and video data 120 recorded by body cameras while performing the duties required by 121 ss. 101.24 and 102.071 are trained in the appropriate procedures 122 concerning such use. 123 (c)Ensure that all personnel who use, maintain, store, or 124 release audio or video data recorded by body cameras are trained 125 in the law enforcement agencys policies and procedures. 126 (d)(c)Retain audio and video data recorded by body cameras 127 in accordance with the requirements of s. 119.021, except as 128 otherwise provided by law. 129 (e)(d)Perform a periodic review of actual agency body 130 camera practices to ensure conformity with the agencys policies 131 and procedures. 132 Section 5.This act shall take effect July 1, 2025.