Florida Senate Bill S1414 Introduced / Bill

 Florida Senate - 2025 SB 1414  By Senator Ingoglia 11-01100B-25 20251414__ 1 A bill to be entitled 2 An act relating to elections; amending s. 15.21, F.S.; 3 conforming a cross-reference; amending s. 16.061, 4 F.S.; revising the criteria that the Attorney General 5 uses when petitioning the Supreme Court for an 6 advisory opinion related to a proposed revision or 7 amendment to the State Constitution; amending s. 8 97.012, F.S.; revising a provision requiring that the 9 Secretary of State provide certain mandatory signature 10 matching training; amending s. 97.021, F.S.; deleting 11 the definition of the term petition circulator; 12 revising definitions; amending s. 97.022, F.S.; 13 revising the authority and responsibilities of the 14 Office of Election Crimes and Security; authorizing 15 the office to issue subpoenas and subpoenas duces 16 tecum to bring any person before certain 17 representatives and require the production of 18 specified records; authorizing the office to file a 19 complaint in circuit court to enforce such subpoenas; 20 requiring the court to direct the witness to comply 21 with the subpoena or punish the witness accordingly; 22 providing an exception; requiring sheriffs to serve 23 and execute all process associated with such action; 24 requiring the office to pay the sheriffs for such 25 service; authorizing the office to adopt rules; 26 creating s. 97.027, F.S.; requiring specified persons 27 to undergo signature matching training; requiring the 28 Department of State to adopt certain rules; amending 29 s. 97.051, F.S.; revising the oath a person 30 registering to vote must subscribe to; amending s. 31 97.0525, F.S.; requiring that the online voter 32 registration system generate a certain notice under a 33 specified circumstance; amending s. 97.053, F.S.; 34 requiring supervisors of elections to update a voters 35 record if provided specified information by the 36 applicant after registration; providing that such 37 updates are retroactive to the date the application 38 was received; requiring an applicant to provide 39 evidence to the supervisor sufficient to prove the 40 applicants legal status as a United States citizen 41 under specified circumstances; requiring the 42 supervisor to place such applicant on the voter rolls 43 under a specified circumstance; authorizing an 44 applicant that has not provided such evidence to vote 45 a provisional ballot; providing that such ballot may 46 be counted only if the applicant can verify his or her 47 legal status within a specified timeframe; revising 48 the timeframe after receipt in which a voter 49 registration official must enter the voter 50 registration applications into the system; amending s. 51 97.057, F.S.; requiring the Department of State to 52 provide certain information to the Department of 53 Highway Safety and Motor Vehicles; requiring the 54 Department of Highway Safety and Motor Vehicles to 55 assist the Department of State with identifying 56 changes in residential addresses in accordance with a 57 specified provision; amending s. 97.0575, F.S.; 58 requiring third party voter registration organizations 59 to deliver voter registration applications to the 60 supervisor of the county, rather than the division, in 61 which the voter resides under specified circumstances; 62 providing civil penalties; amending s. 97.1031, F.S.; 63 deleting a provision authorizing a voter to change his 64 or her address by submitting other signed written 65 notice; revising the timeframe in which a voter 66 registration official must make necessary changes to a 67 voters records to within 7 days after receipt; 68 amending s. 98.015, F.S.; requiring that the main and 69 permanent branch offices of the supervisor be open for 70 specified times and days; requiring supervisors to 71 provide a list identifying nonresidential addresses in 72 a specified manner; amending s. 98.045, F.S.; 73 requiring supervisors to make a certain determination 74 within a specified timeframe related to a voter 75 registration applicant who was previously removed for 76 ineligibility and to follow specified procedures to 77 notify the applicant, if applicable; requiring 78 supervisors to remove the name of a voter who 79 subsequently registers in another state to vote within 80 a specified timeframe of receipt of such information; 81 amending s. 98.065, F.S.; authorizing supervisors to 82 use certain credible and reliable sources of 83 commercially available data to compare certain records 84 and conduct address list maintenance; amending s. 85 98.075, F.S.; authorizing the Department of State to 86 enter into memorandums of understanding with other 87 state governments and share confidential and exempt 88 information with such governments; requiring that such 89 governments maintain the confidentiality of such 90 information; requiring the Department of Highway 91 Safety and Motor Vehicles to provide driver license 92 and Florida identification card information to such 93 governments; requiring supervisors to remove the name 94 of a deceased voter under specified circumstances; 95 creating s. 98.094, F.S.; requiring that lists of 96 registered voters be provided to federal courts for a 97 specified purpose under a certain condition; requiring 98 federal jury coordinators to prepare or cause to be 99 prepared a certain list; requiring that such list be 100 sent to the Division of Elections periodically; 101 requiring that jury coordinators provide the division 102 with specified information about each disqualified 103 juror; requiring the supervisor to use such list to 104 conduct list maintenance or eligibility maintenance 105 procedures; amending s. 98.212, F.S.; requiring 106 supervisors to provide information as may be requested 107 by the Department of State and to the Legislature; 108 authorizing the department to adopt rules; amending s. 109 99.012, F.S.; conforming a cross-reference; amending 110 s. 99.021, F.S.; authorizing qualified candidates and 111 political parties with such candidates to challenge 112 another candidates compliance with a specified oath 113 in a certain circuit court; prohibiting a person from 114 qualifying as a candidate and appearing on the ballot 115 if a court order becomes final and makes certain 116 determinations; amending s. 99.061, F.S.; revising the 117 periods in which a person may qualify as a candidate; 118 revising the qualifying period for federal offices 119 following reapportionment; authorizing candidates for 120 constitutional office to file a certain receipt or 121 verification in lieu of filing a full and public 122 disclosure of financial interests and all other 123 candidates to instead file a certain receipt or 124 verification of filing a statement of financial 125 interests for qualifying only; requiring the 126 department to process qualifying papers within a 127 specified timeframe; providing that a cashiers check 128 purchased from the candidates campaign account may be 129 used to pay the qualifying fee; specifying that a 130 candidate has a specified timeframe to pay the 131 qualifying fee under specified circumstances; 132 specifying that a certain form does not need to be re 133 submitted under certain circumstances; amending s. 134 99.092, F.S.; requiring the Division of Elections to 135 create a uniform petition form for candidates to 136 gather signatures for a candidate petition; requiring 137 that the form solicit specified information; requiring 138 that the form include a certain notice; amending s. 139 99.095, F.S.; authorizing a supervisor of elections to 140 verify certain signatures only if a certain petition 141 form is used; amending s. 99.097, F.S.; conforming a 142 cross-reference; requiring that a signature on a 143 petition be verified if the voter is active; 144 prohibiting a supervisor from updating a voters 145 address on file under a certain circumstance; 146 authorizing a candidate in a candidate contest to 147 contest signature verification of his or her opponent 148 in such contest, and the chairperson of the political 149 committee that sponsors or the chairperson of a 150 political committee that opposes an issue in an issue 151 contest to contest signature verification of such 152 issue; revising the procedures to contest signature 153 verifications; amending s. 100.191, F.S.; providing 154 that all laws that apply to primary and general 155 elections apply to special primary and special 156 elections; requiring the Elections Canvassing 157 Commission to certify results in accordance with a 158 specified provision; amending s. 100.371, F.S.; 159 requiring sponsors of an initiative amendment to 160 register as political committees before circulating 161 any initiative petition forms to voters; deleting 162 obsolete language; requiring the division to assign 163 initiative petitions a petition number and create a 164 certain form; providing requirements for such form; 165 requiring that the form contain a certain notice; 166 deleting provisions relating to citizen challenges of 167 petition circulator registration; deleting provisions 168 relating to applications for registration of a 169 petition circulator; requiring the division to adopt 170 rules; deleting provisions requiring certain sponsors 171 to submit signed and dated forms; specifying 172 conditions for signatures on a form to be verified as 173 valid by a supervisor; requiring the supervisor to 174 retain signed petition forms instead of signature 175 forms in a specified manner; requiring the supervisor 176 to transmit copies of such signed petition forms 177 promptly to the division upon request; requiring the 178 supervisors of elections to post the actual cost of 179 signature verification on their websites annually on a 180 specified date; specifying that such costs include 181 costs related to certain actions; requiring the 182 Secretary of State to rescind a certificate of ballot 183 position under specified conditions; authorizing any 184 voter to challenge the issuance of certificates of 185 ballot position; providing the process for such 186 challenges; requiring the Secretary of State to submit 187 a copy of initiative petitions to a specified panel; 188 requiring the panel to complete a financial impact 189 statement; requiring the panel to submit such 190 statement to the Secretary of State; providing that 191 the panel is not required to complete the statement 192 under specified circumstances; deleting obsolete 193 language; requiring that meetings of the panel be open 194 to the public; requiring that the panel submit the 195 financial impact statement to the Secretary of State 196 immediately; authorizing the panel to redraft the 197 statement within a specified timeframe; requiring the 198 disclosure of certain material legal effects; 199 conforming cross-references; requiring the panel to 200 draft a certain initiative financial information 201 statement; requiring the Secretary of State to make 202 such statement available on his or her website; 203 creating s. 100.373, F.S.; defining the term 204 circulated petition form; authorizing voters to 205 submit signed circulated petition forms at any office 206 of the supervisor of elections in the county in which 207 the voter is registered to vote; providing that a 208 circulated petition form is valid only if the 209 supervisor verifies specified information; requiring a 210 voter to present a certain current and valid form of 211 picture identification to the supervisor; requiring 212 the supervisor to deem the petition submitted if the 213 information on such identification matches the form 214 and the person matches the identification produced; 215 requiring supervisors to verify that the voters 216 signature on the circulated petition form matches the 217 voters signature on file in the Florida Voter 218 Registration System; creating s. 100.375, F.S.; 219 defining the term requested petition form; requiring 220 supervisors to accept requests for a petition form 221 from a voter or, if instructed, the voters immediate 222 family or legal guardian; providing that requests may 223 be made in person, in writing, by telephone, or 224 through the supervisors website; requiring 225 supervisors to cancel requests under specified 226 conditions; providing that requests for petition forms 227 may be mailed to certain addresses; requiring the 228 voter, or his or her designee, to provide certain 229 information for in-person or telephonic requests; 230 requiring that requests be in writing if the petition 231 form is to be mailed to an address other than one on 232 file; providing requirements for such written 233 requests; requiring the division to create a uniform 234 application to request petition forms; requiring that 235 such applications solicit and require specified 236 information; defining the term immediate family; 237 requiring the supervisor to record certain information 238 and provide it in a specified format; defining the 239 term petition deadline; requiring the supervisor to 240 mail petition forms within specified timeframes; 241 providing a deadline to request petition forms; 242 requiring supervisors to provide a petition form by 243 one of the means specified; prohibiting persons from 244 picking up more than a specified number of petition 245 forms; providing exceptions; requiring the supervisor 246 to mail a certain notice in a specified circumstance; 247 providing that only the materials necessary to submit 248 a petition form be mailed or delivered; prohibiting a 249 supervisor from sending a petition form to someone who 250 did not request one; requiring the supervisor to 251 enclose a certain mailing envelope with petition 252 forms; requiring that such envelopes contain a certain 253 voters certificate; specifying the placement of the 254 voters certificate on the envelope; requiring that 255 certain instructions be enclosed with each petition; 256 providing construction; providing legislative intent; 257 requiring the Department of State to work with 258 specified entitles to develop and implement procedures 259 and technologies to make petition forms available in 260 alternative formats; providing that requested petition 261 forms are only valid if the supervisor verifies 262 certain information; prohibiting an otherwise valid 263 petition from being invalidated due to the voters 264 death after submission of such form; creating s. 265 100.377, F.S.; providing that initiative petition 266 forms approved by the Secretary of State may continue 267 to be circulated; providing that certain initiative 268 petitions or candidate petitions may be kept and 269 counted under specified conditions; providing 270 applicability; amending s. 101.043, F.S.; revising the 271 forms of current and valid picture identifications 272 that a voter must provide upon entering the polling 273 place; amending s. 101.048, F.S.; revising the 274 instructions that are included with cure affidavits to 275 conform to changes made by the act; amending s. 276 101.111, F.S.; authorizing registered voters or 277 election officials of a county acting in their 278 official capacity to challenge at the polls or during 279 early voting the right of a person to vote in the 280 county; requiring separate oaths for each challenge; 281 revising the oath required of a person entering 282 challenges; providing the oath an election official 283 must use if asserting the ineligibility of a voter; 284 requiring that the oath be delivered to the clerk or 285 inspector under specified circumstances; requiring 286 such clerk or inspector to deliver such oath 287 immediately to the challenged person; revising a 288 provision providing that such person may cast a 289 provisional ballot; deleting an exception to casting 290 such provisional ballot; authorizing challenges to be 291 made in advance within a specified timeframe before an 292 election by delivering an oath to the supervisors 293 office; requiring the supervisor to notify, as soon as 294 practicable, a challenged voter by specified means; 295 requiring that the oath be sent to early voting sites 296 or the voters precinct in the event such voter 297 appears in person to vote; requiring that certain 298 ballots be canvassed as provisional ballots; requiring 299 that certain persons be allowed to execute a change of 300 legal residence to be able to vote a regular ballot; 301 requiring that such persons be allowed to vote a 302 regular ballot if the change of legal residence is 303 properly registered; requiring that certain voters be 304 directed to the proper precinct to vote; providing 305 that certain voters are required to vote a provisional 306 ballot; amending s. 101.131, F.S.; requiring that poll 307 watchers be qualified and registered voters of the 308 county in which they serve and complete a required 309 training; requiring the Department of State to provide 310 such training; requiring that poll watchers be allowed 311 to observe and report on irregularities in the conduct 312 of the election and enter and watch polls under a 313 specified condition; prohibiting such poll watchers 314 from interfering with the conduct of the election; 315 requiring that the form that designates poll watchers 316 include specified information; requiring that poll 317 watchers be given identification badges that include 318 certain information; authorizing the department to 319 adopt rules; amending s. 101.151, F.S.; specifying 320 that, in presidential preference primaries only, the 321 office title may be placed above the list of names on 322 the ballot for that office; specifying that, in a 323 primary election only, the office title of Governor 324 shall be placed above the names of the candidates for 325 such office regardless of whether a Lieutenant 326 Governor is designated; conforming provisions to 327 changes made by the act; amending s. 101.161, F.S.; 328 requiring that constitutional amendments define all 329 terms of art and describe newly created rights, 330 requirements, prohibitions, and authorizations; 331 amending the inclusions on the ballot for every 332 constitutional amendment proposed by initiative to 333 conform to changes made by the act; conforming a 334 cross-reference; amending s. 101.20, F.S.; deleting 335 provisions requiring that sample ballots be furnished 336 to each polling place, in a specified form, be open to 337 inspection by all electors, and a sufficient number of 338 reduced-size ballots to be given out to electors; 339 requiring the supervisor to publish sample ballots in 340 a certain newspaper, through the supervisors website, 341 or on the countys website; requiring that such 342 publication occur within a specified timeframe; 343 authorizing the supervisor to send sample ballots to 344 registered voters by specified means; requiring sample 345 ballots to be available in all polling places for 346 specified purpose; authorizing a sample ballot to be 347 in the format of an official ballot but must indicate 348 it is a sample; amending s. 101.252, F.S.; providing 349 applicability; creating s. 101.2521, F.S.; requiring 350 that candidates be placed on the general ballot for 351 certain elections held under specified circumstances; 352 amending s. 101.5606, F.S.; conforming provisions to 353 changes made by the act; amending s. 101.56075, F.S.; 354 requiring that locations where voting takes place have 355 certain voting machines available; specifying the 356 default voting method; requiring that a certain device 357 be provided if requested by a voter; amending s. 358 101.5608, F.S.; requiring the inspector to follow 359 specified procedures before allowing a person to vote 360 in specified circumstances; conforming provisions to 361 changes made by the act; amending s. 101.5612, F.S.; 362 conforming provisions to changes made by the act; 363 amending s. 101.5614, F.S.; requiring that after a 364 defective ballot is duplicated, both ballots be placed 365 in an certain envelope and presented to the canvassing 366 board for review; amending s. 101.572, F.S.; 367 authorizing certain candidates, political party 368 officials, and political committee officials, or any 369 designee thereof, to object to the canvassing boards 370 determination of voter intent; amending s. 101.591, 371 F.S.; deleting provisions instructing how to perform a 372 manual audit; requiring the county canvassing board or 373 local board responsible for certifying an election to 374 conduct an independent vote validation of voting 375 systems used in all precincts; providing the procedure 376 for such independent vote validation; deleting 377 provisions related to independent audits; requiring 378 that the canvassing board publish certain notice on 379 the countys website, on the supervisors website, or 380 in certain newspapers; requiring that such vote 381 validation be completed before the certification of 382 the election; requiring the county canvassing board or 383 local board responsible for the election to provide a 384 certain consolidated report; providing the 385 requirements of such report; deleting a provision that 386 allowed a manual recount to take the place of a 387 certain audit; amending s. 101.5911, F.S.; requiring 388 the department to adopt certain rules; conforming 389 provisions to changes made by the act; amending s. 390 101.595, F.S.; requiring the department to submit the 391 analysis of a certain report as part of a specified 392 consolidated report to the Governor and the 393 Legislature annually by a specified date; amending s. 394 101.6104, F.S.; making technical changes; amending s. 395 101.62, F.S.; requiring a voter to initiate the 396 request for a vote-by-mail ballot from the supervisor; 397 requiring such voter to use the paper or online 398 version of the uniform statewide application to make a 399 written request for a vote-by-mail ballot; requiring 400 the supervisor to record certain information after 401 receiving such request; revising the timeframes during 402 which vote-by-mail ballots are provided to voters; 403 amending s. 101.64, F.S.; providing that the 404 supervisor may include a secrecy envelope or privacy 405 sleeve with vote-by-mail ballots; amending s. 101.657, 406 F.S.; authorizing, rather than requiring, that early 407 voting be provided by a supervisor; revising the 408 number of early voting sites the supervisor may 409 designate per election area; authorizing the 410 supervisor to obtain a waiver for the number of sites 411 designated as early voting sites under a specified 412 circumstance; deleting authorization for a supervisor 413 to provide early voting in excess of what is required; 414 amending s. 101.68, F.S.; conforming provisions to 415 changes made by the act; amending s. 101.69, F.S.; 416 deleting a requirement that secure ballot intake 417 stations be located at each permanent branch that 418 meets certain criteria; requiring that such intake 419 stations be located at each designated early voting 420 site; requiring that all secure ballot intake stations 421 be continuously monitored; requiring the department to 422 adopt rules; amending s. 101.6921, F.S.; conforming 423 provisions to changes made by the act; amending s. 424 101.6923, F.S.; revising the instructions sent to 425 certain first-time voters to conform to changes made 426 by the act; amending s. 101.6952, F.S.; providing that 427 if a ballot is transmitted via facsimile it must be 428 received by a specified time on election day; amending 429 s. 101.694, F.S.; conforming a cross-reference; 430 amending s. 101.697, F.S.; requiring the department to 431 adopt certain rules related to electronic transmission 432 of election materials to specified voters; amending s. 433 101.698, F.S.; authorizing the department to adopt 434 emergency rules in specified circumstances; amending 435 s. 102.031, F.S.; prohibiting videography and other 436 visual and audio recording in polling rooms or early 437 voting areas; providing an exception; amending s. 438 102.141, F.S.; revising the composition of county 439 canvassing boards; prohibiting persons who publicly 440 endorse or donate to candidates or are active 441 participants endorsing or opposing a public measure 442 from serving on county canvassing boards; requiring 443 members of a county canvassing board and all clerical 444 help to wear, at specified times, identification 445 badges in a certain manner and which include specified 446 information; requiring a county canvassing board to 447 retain the county attorney for any legal 448 representation; authorizing such board to retain 449 outside legal counsel under specified conditions; 450 specifying that the deadline by which supervisors 451 shall upload preliminary results is in local time; 452 requiring the supervisor on behalf of the county 453 canvassing board to report all early voting and vote 454 by-mail tabulations to the department; requiring 455 counties to conduct a machine vote validation process 456 for a certain purpose after unofficial results are 457 reported; requiring that such process be completed 458 within a specified timeframe; requiring the county 459 canvassing board to take specified actions after 460 making a certain determination; requiring the county 461 canvassing board to conduct manual reviews under 462 specified circumstances; providing requirements for 463 such review; deleting provisions related to recounts 464 by the county canvassing board; requiring the county 465 canvassing board to publish notice containing manual 466 review information by specified means; providing that 467 such reviews are open to the public; requiring the 468 county canvassing board to submit to the department 469 certain forms containing a vote validation report; 470 providing requirements for such report; requiring the 471 county canvassing board to conduct manual reviews in 472 accordance with specified provisions; requiring the 473 department to adopt rules; creating s. 102.143, F.S.; 474 requiring the supervisor to file a report with the 475 division on the conduct on the election within a 476 specified timeframe; providing requirements for the 477 report; requiring the supervisor to notify the 478 Division of Elections of new information and file an 479 amended report including such information, if 480 applicable, within a specified timeframe; requiring 481 the division to maintain such reports on file and make 482 them available for public inspection; requiring the 483 division to review the reports for a specified 484 purpose; providing that the report is part of a 485 certain consolidated report submitted by the 486 department by a specified date each year following a 487 general election; amending s. 102.166, F.S.; requiring 488 manual reviews of overvotes and undervotes unless 489 certain conditions exist; requiring that overvotes and 490 undervotes be identified and sorted during the vote 491 validation process; providing that the secretary is 492 responsible for ordering such review in federal, 493 state, or multicounty races and the county canvassing 494 board, or local board responsible for certifying the 495 election, is responsible for ordering such reviews in 496 all other races; authorizing political parties to 497 designate a certain expert to be allowed in the 498 central counting room while tests are being performed; 499 prohibiting such person from interfering with the 500 normal operation of the canvassing board; conforming a 501 cross-reference; requiring the department to adopt 502 certain rules; amending s. 103.021, F.S.; revising the 503 deadline by which political parties must submit their 504 list of presidential electors to the Governor; 505 requiring the state executive committees of the 506 political parties to certify to the Governor certain 507 information relating to such electors within a 508 specified timeframe; providing requirements for such 509 certification; revising the deadline by which the 510 Governor certifies political party submissions to the 511 Department of State; requiring candidates to submit 512 certain information concerning presidential electors 513 to the department before a specified date and time; 514 amending s. 103.121, F.S.; requiring that the funds 515 and certain records of state executive committees be 516 audited by a certified public accountant; amending s. 517 104.045, F.S.; providing criminal penalties for a 518 person who submits a petition form or refrains from 519 submitting a petition form for any initiative or 520 candidate petition due to a corrupt offer or the 521 acceptance of a pecuniary or other benefit; amending 522 s. 104.047, F.S.; prohibiting specified entities from 523 further forwarding official vote-by-mail ballots or 524 envelopes; providing criminal penalties; providing 525 criminal penalties for persons who physically collect 526 requests for vote-by-mail ballots and copies or 527 retains the requests, or copies and retains the 528 voters personal information; repealing s. 104.186, 529 F.S., relating to violations concerning initiative 530 petitions; amending s. 104.187, F.S.; conforming a 531 cross-reference; repealing s. 105.09, F.S., relating 532 to political activity in behalf of a candidate for 533 judicial office limited; amending s. 106.021, F.S.; 534 prohibiting a candidate from appointing himself, 535 herself, or immediate family as the treasurer of the 536 campaign; amending s. 106.07, F.S.; requiring a 537 candidate to file an affidavit with the officer before 538 whom the candidate is required to qualify under 539 specified circumstances within a specified timeframe; 540 deeming filings as timely filed if filed in a certain 541 manner; providing that such affidavits are open to 542 public inspection; providing construction; providing a 543 civil penalty for candidates who file affidavits late; 544 amending s. 106.08, F.S.; revising the definition of 545 the term foreign national; revising the 546 contributions or expenditures that a foreign national 547 is prohibited from making or offering to make; 548 prohibiting political parties, political committees, 549 committees associated with ballot issues or questions, 550 electioneering communications organizations, and 551 candidates from knowingly accepting contributions from 552 foreign nationals; providing criminal penalties; 553 providing for enhancement of criminal penalties on 554 subsequent offenses; providing civil penalties; 555 amending s. 106.087, F.S.; conforming a cross 556 reference; amending s. 106.19, F.S.; deleting a 557 provision relating to violations by political 558 committees for using petition circulators; repealing 559 s. 113.01, F.S., relating to fees for commissions 560 issued by Governor; repealing s. 113.02, F.S., 561 relating to fees to be paid before commissions issued; 562 repealing s. 113.03, F.S., relating to disposition of 563 certain proceeds; amending s. 113.051, F.S.; 564 prohibiting the issuance of certain commissions until 565 the oath of office is filed; amending s. 212.055, 566 F.S.; conforming a cross-reference; creating s. 567 322.034, F.S.; requiring that driver licenses and 568 Florida identification cards include certain 569 information; providing that applicants providing 570 certain documentation may not be charged a fee for 571 renewal; requiring that the Department of Highway 572 Safety and Motor Vehicles comply with specified 573 provisions by a specified date; amending s. 895.02, 574 F.S.; revising the definition of racketeering 575 activity to include violations of the Florida 576 Election Code for the purposes of providing criminal 577 penalties; amending s. 1003.42, F.S.; conforming a 578 cross-reference; providing effective dates. 579 580 Be It Enacted by the Legislature of the State of Florida: 581 582 Section 1.Effective upon becoming a law, subsection (2) of 583 section 15.21, Florida Statutes, is amended to read: 584 15.21Initiative petitions; s. 3, Art. XI, State 585 Constitution. 586 (2)If the Secretary of State has submitted an initiative 587 petition to the Attorney General pursuant to subsection (1) but 588 the validity of the signatures for such initiative petition has 589 expired pursuant to s. 100.371(6)(a) s. 100.371(11)(a) before 590 securing ballot placement, the Secretary of State must promptly 591 notify the Attorney General. The Secretary of State may resubmit 592 the initiative petition to the Attorney General if the 593 initiative petition is later circulated for placement on the 594 ballot of a subsequent general election and the criteria under 595 subsection (1) are satisfied. 596 Section 2.Effective upon becoming a law, subsection (1) of 597 section 16.061, Florida Statutes, is amended to read: 598 16.061Initiative petitions. 599 (1)The Attorney General shall, within 30 days after 600 receipt of a proposed revision or amendment to the State 601 Constitution by initiative petition from the Secretary of State, 602 petition the Supreme Court, requesting an advisory opinion 603 regarding the compliance of the text of the proposed amendment 604 or revision with s. 2, Art. I and s. 3, Art. XI of the State 605 Constitution, whether the proposed amendment is facially invalid 606 under the United States Constitution, the compliance of the text 607 of the proposed constitutional amendment or revision with s. 608 101.161, and the compliance of the proposed ballot title and 609 substance with s. 101.161. The petition may enumerate any 610 specific factual issues that the Attorney General believes would 611 require a judicial determination. 612 Section 3.Subsection (17) of section 97.012, Florida 613 Statutes, is amended to read: 614 97.012Secretary of State as chief election officer.The 615 Secretary of State is the chief election officer of the state, 616 and it is his or her responsibility to: 617 (17)Provide mandatory formal signature matching training 618 as provided by law to supervisors of elections and county 619 canvassing board members. Any person whose duties require 620 verification of signatures must undergo signature matching 621 training. The department shall adopt rules governing signature 622 matching procedures and training. 623 Section 4.Effective upon becoming a law, subsection (28) 624 of section 97.021, Florida Statutes, is amended to read: 625 97.021Definitions.For the purposes of this code, except 626 where the context clearly indicates otherwise, the term: 627 (28)Petition circulator means an entity or individual 628 who collects signatures for compensation for the purpose of 629 qualifying a proposed constitutional amendment for ballot 630 placement. 631 Section 5.Subsections (6), (43), (44), and (47) of section 632 97.021, Florida Statutes, as amended by this act, are amended to 633 read: 634 97.021Definitions.For the purposes of this code, except 635 where the context clearly indicates otherwise, the term: 636 (6)Ballot or official ballot means a printed sheet of 637 paper containing contests including offices and candidates, 638 constitutional amendments, and other public measures upon which 639 a voters selections are marked using a manual marking device. A 640 ballot includes a voter-verifiable paper output upon which a 641 voters selections are marked by a voter interface device that 642 meets voter accessibility requirements for individuals with 643 disabilities under s. 301 of the Help America Vote Act of 2002 644 and s. 101.56062 when used in reference to: 645 (a)Electronic or electromechanical devices means a 646 ballot that is voted by the process of electronically 647 designating, including by touchscreen, or marking with a marking 648 device for tabulation by automatic tabulating equipment or data 649 processing equipment. 650 (b)Marksense ballots means that printed sheet of paper, 651 used in conjunction with an electronic or electromechanical vote 652 tabulation voting system, containing the names of candidates, or 653 a statement of proposed constitutional amendments or other 654 questions or propositions submitted to the electorate at any 655 election, on which sheet of paper an elector casts his or her 656 vote. 657 (42)Voter interface device means any device that 658 communicates voting instructions and ballot information to a 659 voter and allows the voter to select and vote for candidates and 660 issues. A voter interface device may not be used to tabulate 661 votes. Any vote tabulation must be based upon a subsequent scan 662 of the marked marksense ballot or the voter-verifiable paper 663 output after the voter interface device process has been 664 completed. 665 (43)Voter registration agency means any office that 666 provides public assistance, any office that serves persons with 667 disabilities, any center for independent living, or any public 668 library. The term includes any other federal or state office 669 that is first designated by the Secretary of State to become a 670 voter registration agency and for which such office accepts such 671 designation. 672 (46)Voting system means a method of casting and 673 processing votes that functions wholly or partly by use of 674 electromechanical or electronic apparatus or by use of marksense 675 ballots and includes, but is not limited to, the equipment, 676 including hardware, firmware, and software; the ballots; the 677 procedures for casting and processing votes; and the programs, 678 operating manuals, supplies; and the reports, printouts, and 679 other documentation software necessary for the systems 680 operation. 681 Section 6.Section 97.022, Florida Statutes, is amended to 682 read: 683 97.022Office of Election Crimes and Security; creation; 684 purpose and duties. 685 (1)The Office of Election Crimes and Security is created 686 within the Department of State. The purpose of the office is to 687 aid the Secretary of State in completion of his or her duties. 688 under s. 97.012(12) and (15) by: 689 (2)The office has the authority and responsibility to: 690 (a)Receive and review Receiving and reviewing notices and 691 reports generated by government officials or any other person 692 regarding alleged occurrences of election law violations or 693 election irregularities in this state. 694 (b)Initiate Initiating independent inquiries and 695 conducting preliminary investigations into allegations of 696 election law violations or election irregularities in this 697 state. 698 (3)(2)The office may review complaints and conduct 699 preliminary investigations into alleged criminal violations of 700 the Florida Election Code or any rule adopted pursuant thereto 701 and any election irregularities. 702 (4)The office may issue subpoenas and subpoenas duces 703 tecum to bring before its duly authorized representatives any 704 person in this state, or any person doing business in this 705 state, to require the production of any records relevant to an 706 investigation, and to administer oaths and affirmations in the 707 manner prescribed by law to witnesses who shall appear before 708 them. If a witness fails to respond to the subpoena issued by 709 the office or, having responded, failed to answer all inquiries 710 or to turn over evidence that has been subpoenaed, the office 711 may file a complaint in the circuit court where the witness 712 resides. Upon the filing of such complaint, the court shall take 713 jurisdiction of the witness and the subject matter of such 714 complaint and shall direct the witness to respond to all 715 questions and to produce all documentary evidence in the 716 witnesss possession which is demanded. Failure of a witness to 717 comply with the courts order constitutes a direct and criminal 718 contempt of court, and the court punish the witness accordingly. 719 However, the refusal by a witness to answer inquiries or turn 720 over evidence on the basis that such answers or evidence will 721 incriminate the witness is not a refusal to comply with this 722 chapter. The sheriffs shall make the service and execute all 723 process or orders when required by the office. The office shall 724 pay the sheriffs for these services as provided in s. 30.231. 725 (5)(3)The secretary shall appoint a director of the 726 office. 727 (6)(4)The office shall be based in Tallahassee and shall 728 employ nonsworn investigators to conduct any investigations. The 729 positions and resources necessary for the office to accomplish 730 its duties shall be established through and subject to the 731 legislative appropriations process. 732 (7)(5)The office shall oversee the departments voter 733 fraud hotline. 734 (8)(6)This section does not limit the jurisdiction of any 735 other office or agency of the state empowered by law to 736 investigate, act upon, or dispose of alleged election law 737 violations. 738 (9)(7)By January 15 of each year, the department shall 739 submit a report to the Governor, the President of the Senate, 740 and the Speaker of the House of Representatives detailing 741 information on investigations of alleged election law violations 742 or election irregularities conducted during the prior calendar 743 year. The report must include the total number of complaints 744 received and independent investigations initiated and the number 745 of complaints referred to another agency for further 746 investigation or prosecution, including the total number of 747 those matters sent to a special officer pursuant to s. 102.091. 748 For each alleged violation or irregularity investigated, the 749 report must include: 750 (a)The source of the alleged violation or irregularity; 751 (b)The law allegedly violated or the nature of the 752 irregularity reported; 753 (c)The county in which the alleged violation or 754 irregularity occurred; 755 (d)Whether the alleged violation or irregularity was 756 referred to another agency for further investigation or 757 prosecution and, if so, to which agency; and 758 (e)The current status of the investigation or resulting 759 criminal case. 760 (10)The Office of Election Crimes and Security may adopt 761 rules to implement this section. 762 Section 7.Section 97.027, Florida Statutes, is created to 763 read: 764 97.027Signature matching training required.A person whose 765 duties require the verification of signatures pursuant to s. 766 99.097, s. 100.371, s. 101.043, s. 101.048, s. 101.62, or s. 767 101.68 must undergo formal signature matching training. The 768 department shall adopt rules governing signature matching 769 procedures and training. 770 Section 8.Section 97.051, Florida Statutes, is amended to 771 read: 772 97.051Oath upon registering.A person registering to vote 773 must subscribe to the following oath: 774 775 I do solemnly swear (or affirm) that I will protect 776 and defend the Constitution of the United States and 777 the Constitution of the State of Florida, that I am 778 qualified to register as an elector under the 779 Constitution and laws of the State of Florida, and 780 that all information provided in this application is 781 true. I have carefully reviewed the instructions for 782 completing the Florida Voter Registration Application, 783 and I further swear (or affirm) that I am a United 784 States citizen. I understand that if I have provided 785 false information on this application I could be 786 subject to criminal penalties for perjury and that I 787 may be fined, imprisoned, or, if not a United States 788 Citizen, deported or refused entry to the United 789 States. 790 791 Section 9.Present subsections (5) through (8) of section 792 97.0525, Florida Statutes, are redesignated as subsections (6) 793 through (9), respectively, and a new subsection (5) is added to 794 that section, to read: 795 97.0525Online voter registration. 796 (5)The online voter registration system must generate a 797 notice to the applicant if the applicants legal status as 798 United States citizen cannot be verified by the records of the 799 Department of Highway Safety and Motor Vehicles. The notice must 800 provide the applicant with contact information for the 801 applicants supervisor of elections for further information. 802 Section 10.Subsections (2), (6), and (7) of section 803 97.053, Florida Statutes, are amended to read: 804 97.053Acceptance of voter registration applications. 805 (2)A voter registration application is complete and 806 becomes the official voter registration record of that applicant 807 when all information necessary to establish the applicants 808 eligibility pursuant to s. 97.041 is received by a voter 809 registration official and verified pursuant to subsection (6). 810 If the applicant fails to complete his or her voter registration 811 application on or before prior to the date of book closing for 812 an election, then such applicant is shall not be eligible to 813 vote in that election. 814 (6)A voter registration application, including an 815 application with a change in name, address, or party 816 affiliation, may be accepted as valid only after the department 817 has verified the authenticity or nonexistence of the driver 818 license number, the Florida identification card number, or the 819 last four digits of the social security number provided by the 820 applicant. 821 (a)If a completed voter registration application has been 822 received by the book-closing deadline but the driver license 823 number, the Florida identification card number, or the last four 824 digits of the social security number provided by the applicant 825 cannot be verified, the applicant must shall be notified that 826 the number cannot be verified and that the applicant must 827 provide evidence to the supervisor sufficient to verify the 828 authenticity of the applicants driver license number, Florida 829 identification card number, or last four digits of the social 830 security number. If the applicant provides the necessary 831 evidence, the supervisor must shall place the applicants name 832 on the registration rolls as an active voter or update, as 833 applicable, the voters record with the change in address, name, 834 or party affiliation. The change in address, name, or party 835 affiliation is retroactive to the date the application was 836 initially received. If the applicant has not provided the 837 necessary evidence or the number has not otherwise been verified 838 prior to the applicant presenting himself or herself to vote, 839 the applicant must shall be provided a provisional ballot. The 840 provisional ballot must shall be counted pursuant to s. 101.048 841 but only if the number is verified by the end of the canvassing 842 period or if the applicant presents evidence to the supervisor 843 of elections sufficient to verify the authenticity of the 844 applicants driver license number, Florida identification card 845 number, or last four digits of the social security number no 846 later than 5 p.m. of the second day following the election. 847 (b)If a completed voter registration application for new 848 registration has been received by the book-closing deadline but 849 the applicants legal status as a United States citizen cannot 850 be verified, the applicant must provide evidence to the 851 supervisor sufficient to verify the applicants legal status as 852 a United States citizen before voting. If the applicant provides 853 the necessary evidence, the supervisor must place the 854 applicants name on the registration rolls as an active voter. 855 If the applicant has not provided the necessary evidence or the 856 legal status is not verified before the applicant presents 857 himself or herself to vote, the applicant must be provided a 858 provisional ballot. The provisional ballot may be counted only 859 if the applicants legal status as a United States citizen is 860 verified by the end of the canvassing period or if the applicant 861 presents evidence to the supervisor of elections sufficient to 862 verify the applicants legal status as a United States citizen 863 no later than 5 p.m. of the second day following the election. 864 (7)All voter registration applications received by a voter 865 registration official must shall be entered into the statewide 866 voter registration system within 7 13 days after receipt. Once 867 entered, the application shall be immediately forwarded to the 868 appropriate supervisor of elections. 869 Section 11.Subsections (11) and (13) of section 97.057, 870 Florida Statutes, are amended to read: 871 97.057Voter registration by the Department of Highway 872 Safety and Motor Vehicles. 873 (11)The Department of Highway Safety and Motor Vehicles 874 shall enter into an agreement with the department to match 875 information in the statewide voter registration system with 876 information in the database of the Department of Highway Safety 877 and Motor Vehicles to the extent required to verify the accuracy 878 of the driver license number, Florida identification number, or 879 last four digits of the social security number provided on 880 applications for voter registration. The department shall 881 provide the Department of Highway Safety and Motor Vehicles with 882 information as required in s. 97.053 as necessary to establish 883 the applicants legal status as a United States citizen. 884 (13)The Department of Highway Safety and Motor Vehicles 885 shall must assist the Department of State in regularly 886 identifying changes in residence address on the driver license 887 or identification card of a voter in accordance with this 888 section. The Department of State shall must report each such 889 change to the appropriate supervisor of elections who must 890 change the voters registration records in accordance with s. 891 98.065(4). 892 Section 12.Subsection (5) of section 97.0575, Florida 893 Statutes, is amended to read: 894 97.0575Third-party voter registration organizations. 895 (5)(a)A third-party voter registration organization that 896 collects voter registration applications serves as a fiduciary 897 to the applicant and shall ensure that any voter registration 898 application entrusted to the organization, irrespective of party 899 affiliation, race, ethnicity, or gender, is promptly delivered 900 to the division or the supervisor of elections in the county in 901 which the applicant resides within 10 days after the application 902 is completed by the applicant, but not after registration closes 903 for the next ensuing election. However, if the delivery is made 904 within the 10 days before book closing, the delivery must be 905 made to the supervisor of elections in the county in which the 906 applicant resides and may not be made to the division. If a 907 voter registration application collected by any third-party 908 voter registration organization is not promptly delivered to the 909 division or supervisor of elections in the county in which the 910 applicant resides, the third-party voter registration 911 organization is liable for the following fines: 912 1.A fine in the amount of $50 per each day late, up to 913 $2,500, for each application received by the division or the 914 supervisor of elections in the county in which the applicant 915 resides more than 10 days after the applicant delivered the 916 completed voter registration application to the third-party 917 voter registration organization or any person, entity, or agent 918 acting on its behalf. A fine in the amount of $2,500 for each 919 application received if the third-party voter registration 920 organization or person, entity, or agency acting on its behalf 921 acted willfully. 922 2.A fine in the amount of $100 per each day late, up to 923 $5,000, for each application collected by a third-party voter 924 registration organization or any person, entity, or agent acting 925 on its behalf, before book closing for any given election for 926 federal or state office and received by the division or the 927 supervisor of elections in the county in which the applicant 928 resides after the book-closing deadline for such election. A 929 fine in the amount of $5,000 for each application received if 930 the third-party voter registration organization or any person, 931 entity, or agency acting on its behalf acted willfully. 932 3.A fine in the amount of $500 for each application 933 collected by a third-party voter registration organization or 934 any person, entity, or agent acting on its behalf, which is not 935 submitted to the division or supervisor of elections in the 936 county in which the applicant resides. A fine in the amount of 937 $5,000 for any application not submitted if the third-party 938 voter registration organization or person, entity, or agency 939 acting on its behalf acted willfully. 940 941 The aggregate fine which may be assessed pursuant to this 942 paragraph against a third-party voter registration organization, 943 including affiliate organizations, for violations committed in a 944 calendar year is $250,000. 945 (b)A showing by the third-party voter registration 946 organization that the failure to deliver the voter registration 947 application within the required timeframe is based upon force 948 majeure or impossibility of performance shall be an affirmative 949 defense to a violation of this subsection. The secretary may 950 waive the fines described in this subsection upon a showing that 951 the failure to deliver the voter registration application 952 promptly is based upon force majeure or impossibility of 953 performance. 954 Section 13.Section 97.1031, Florida Statutes, is amended 955 to read: 956 97.1031Notice of change of residence, change of name, or 957 change of party affiliation. 958 (1)(a)When a voter an elector changes his or her residence 959 address, the voter elector must notify the supervisor of 960 elections. Except as provided in paragraph (b), an address 961 change must be submitted using a voter registration application. 962 (b)If the address change is within this the state and 963 notice is provided to the supervisor of elections of the county 964 where the voter elector has moved, the voter elector may do so 965 by: 966 1.Contacting the supervisor of elections via telephone or 967 electronic means, in which case the voter elector must provide 968 his or her date of birth and the last four digits of his or her 969 social security number, his or her Florida driver license 970 number, or his or her Florida identification card number, 971 whichever may be verified in the supervisors records; or 972 2.Submitting the change on a voter registration 973 application or other signed written notice. 974 (2)When a voter an elector seeks to change party 975 affiliation, the voter must elector shall notify his or her 976 supervisor of elections or other voter registration official by 977 submitting a voter registration application. When a voter an 978 elector changes his or her name by marriage or other legal 979 process, the voter elector shall notify his or her supervisor of 980 elections or other voter registration official by submitting a 981 voter registration application. 982 (3)The voter registration official shall make the 983 necessary changes in the voters electors records within 7 days 984 after receipt as soon as practical upon receipt of such notice 985 of a change of address of legal residence, name, or party 986 affiliation. The supervisor of elections shall issue the new 987 voter information card pursuant to s. 97.071. 988 Section 14.Subsections (4) and (12) of section 98.015, 989 Florida Statutes, are amended to read: 990 98.015Supervisor of elections; election, tenure of office, 991 compensation, custody of registration-related documents, office 992 hours, successor, seal; appointment of deputy supervisors; 993 duties. 994 (4)At a minimum, the main and permanent branch offices 995 office of the supervisor must be open Monday through Friday, 996 excluding legal holidays, for a period of not less than 8 hours 997 per day, beginning no later than 9 a.m. 998 (12)(a)Each supervisor shall maintain a list of valid 999 residential street addresses for purposes of verifying the legal 1000 addresses of voters residing in the supervisors county. To the 1001 maximum extent practicable, The list must shall include 1002 information necessary to differentiate one residence from 1003 another, including, but not limited to, a distinguishing 1004 apartment, suite, lot, room, or dormitory room number or other 1005 identifier. If a voter registration application does not include 1006 information necessary to differentiate one residence from 1007 another, the supervisor must shall make all reasonable efforts 1008 to obtain such information in order to maintain the list of 1009 valid residential street addresses. 1010 (b)The supervisor shall make all reasonable efforts to 1011 coordinate with county 911 service providers, property 1012 appraisers, the United States Postal Service, or other agencies 1013 as necessary to ensure the continued accuracy of such list and 1014 to identify non-residential addresses, including, but not 1015 limited to, addresses for businesses such as storage facilities, 1016 hotels, post office boxes, correctional facilities, mail or 1017 courier services, governmental agencies, and mail service or 1018 forwarding delivery services. The supervisor shall provide the 1019 list of valid residential addresses to the statewide voter 1020 registration system in the manner and frequency specified by 1021 rule of the department. 1022 Section 15.Subsections (1) and (2) of section 98.045, 1023 Florida Statutes, are amended to read: 1024 98.045Administration of voter registration. 1025 (1)ELIGIBILITY OF APPLICANT. 1026 (a)The supervisor shall must ensure that any eligible 1027 applicant for voter registration is registered to vote and that 1028 each application for voter registration is processed in 1029 accordance with law. The supervisor shall determine whether a 1030 voter registration applicant is ineligible based on any of the 1031 following: 1032 1.(a)The failure to complete a voter registration 1033 application as specified in s. 97.053. 1034 2.(b)The applicant is deceased. 1035 3.(c)The applicant has been convicted of a felony for 1036 which his or her voting rights have not been restored. 1037 4.(d)The applicant has been adjudicated mentally 1038 incapacitated with respect to the right to vote and such right 1039 has not been restored. 1040 5.(e)The applicant does not meet the age requirement 1041 pursuant to s. 97.041. 1042 6.(f)The applicant is not a United States citizen. 1043 7.(g)The applicant is a fictitious person. 1044 8.(h)The applicant has provided an address of legal 1045 residence that is not his or her legal residence. 1046 9.(i)The applicant has provided a driver license number, 1047 Florida identification card number, or the last four digits of a 1048 social security number that is not verifiable by the department. 1049 (b)1.If the latest voter registration records show that a 1050 new applicant was previously registered but subsequently removed 1051 for ineligibility by reason of a felony conviction without 1052 voting rights restored, adjudication as mentally incapacitated 1053 with respect to voting without voting rights restored, death, or 1054 for not being a United States citizen, the supervisor must 1055 process the application in accordance with s. 97.053. However, 1056 the supervisor, within 7 days of receiving such application, 1057 shall determine whether the information is still credible and 1058 reliable and, if applicable, follow procedures to notify the 1059 voter pursuant to s. 98.075(7). 1060 (2)REMOVAL OF REGISTERED VOTERS. 1061 (a)Once a voter is registered, the name of that voter may 1062 not be removed from the statewide voter registration system 1063 except at the written request of the voter, by reason of the 1064 voters conviction of a felony or adjudication as mentally 1065 incapacitated with respect to voting, by death of the voter, or 1066 pursuant to a registration list maintenance activity conducted 1067 pursuant to s. 98.065 or s. 98.075. 1068 (b)Information received by a voter registration official 1069 from an election official in another state indicating that a 1070 registered voter in this state has subsequently registered to 1071 vote in that other state must shall be considered as a written 1072 request from the voter to have the voters name removed from the 1073 statewide voter registration system. The voters name must be 1074 removed within 7 days after receipt of such information. 1075 Section 16.Section 98.065, Florida Statutes, is amended to 1076 read: 1077 98.065Registration list maintenance programs. 1078 (1)PURPOSE.The supervisor shall must conduct a general 1079 registration list maintenance program to protect the integrity 1080 of the electoral process by ensuring the maintenance of accurate 1081 and current voter registration records in the statewide voter 1082 registration system. The program must be uniform, 1083 nondiscriminatory, and in compliance with the Voting Rights Act 1084 of 1965, the National Voter Registration Act of 1993, and the 1085 Help America Vote Act of 2002. As used in this subsection, the 1086 term nondiscriminatory applies to and includes persons with 1087 disabilities. 1088 (2)ANNUAL REGISTRATION LIST MAINTENANCE.A supervisor 1089 shall must incorporate one or more of the following procedures 1090 in the supervisors annual registration list maintenance program 1091 under which the supervisor shall: 1092 (a)Use change-of-address information supplied by the 1093 United States Postal Service through its licensees to identify 1094 registered voters whose addresses might have changed. 1095 Additionally, in odd-numbered years, unless the supervisor is 1096 conducting the procedure specified in paragraph (b), the 1097 supervisor must identify change-of-address information from 1098 address confirmation final notices mailed to all registered 1099 voters who have not voted in the preceding two general elections 1100 or any intervening election and who have not made a request that 1101 their registration records be updated during that time; or 1102 (b)Identify change-of-address information from returned 1103 nonforwardable return-if-undeliverable address confirmation 1104 requests sent to all registered voters in the county. 1105 (3)TIMELINE.A registration list maintenance program must 1106 be conducted by each supervisor, at a minimum, once each year, 1107 beginning no later than April 1, and must be completed at least 1108 90 days before the date of any federal election. All list 1109 maintenance actions associated with each voter must be entered, 1110 tracked, recorded, and maintained in the statewide voter 1111 registration system. 1112 (4)CHANGE OF ADDRESS INFORMATION. 1113 (a)If the supervisor receives change-of-address 1114 information pursuant to the activities conducted in subsection 1115 (2), from jury notices signed by the voter and returned to the 1116 courts, from the Department of Highway Safety and Motor 1117 Vehicles, or from other sources which indicates that a 1118 registered voters legal residence might have changed to another 1119 location within the state, the supervisor must change the 1120 registration records to reflect the new address and must send 1121 the voter an address change notice as provided in s. 98.0655(2). 1122 (b)If the supervisor of elections receives change-of 1123 address information pursuant to the activities conducted in 1124 subsection (2), from jury notices signed by the voter and 1125 returned to the courts, or from other sources which indicates 1126 that a registered voters legal residence might have changed to 1127 a location outside the state, the supervisor of elections must 1128 shall send an address confirmation final notice to the voter as 1129 provided in s. 98.0655(3). 1130 (c)If an address confirmation request required by 1131 paragraph (2)(b) is returned as undeliverable without indication 1132 of an address change, or if any other nonforwardable return-if 1133 undeliverable mail is returned as undeliverable with no 1134 indication of an address change, the supervisor must send an 1135 address confirmation final notice to the voter. 1136 (d)The supervisor may use other credible and reliable 1137 sources including commercially available data, such as address 1138 information from national credit reporting agencies, to compare 1139 against voter registration records and to conduct address list 1140 maintenance. 1141 (e)The supervisor shall must designate as inactive all 1142 voters who have been sent an address confirmation final notice 1143 and who have not returned the postage prepaid, preaddressed 1144 return form within 30 days or for which the final notice has 1145 been returned as undeliverable. Names on the inactive list may 1146 not be used to calculate the number of signatures needed on any 1147 petition. A voter on the inactive list may be restored to the 1148 active list of voters upon the voter updating his or her 1149 registration and confirming his or her current address of legal 1150 residence, requesting a vote-by-mail ballot and confirming his 1151 or her current address of legal residence, or appearing to vote 1152 and confirming his or her current address of legal residence. 1153 However, if the voter does not update his or her voter 1154 registration information, request a vote-by-mail ballot, or vote 1155 by the second general election after being placed on the 1156 inactive list, the voters name must shall be removed from the 1157 statewide voter registration system and the voter must shall be 1158 required to reregister to have his or her name restored to the 1159 statewide voter registration system. 1160 (5)NOTICE.A notice may not be issued pursuant to this 1161 section, and a voters name may not be removed from the 1162 statewide voter registration system later than 90 days before 1163 prior to the date of a federal election. However, this section 1164 does not preclude the correction of registration records based 1165 on information submitted by the voter or removal of the name of 1166 a voter from the statewide voter registration system at any time 1167 upon the voters written request, by reason of the voters 1168 death, or upon a determination of the voters ineligibility as 1169 provided in s. 98.075(7). 1170 (6)ANNUAL REVIEW OF VOTER RECORDS FOR RESIDENCY.The 1171 supervisor shall, at a minimum, conduct an annual review of 1172 voter registration records to identify registration records in 1173 which a voter is registered at an address that may not be an 1174 address of legal residence for the voter. For those registration 1175 records with such addresses that the supervisor has reasonable 1176 belief are not legal residential addresses, the supervisor shall 1177 initiate list maintenance activities pursuant to s. 98.075(6) 1178 and (7). 1179 (7)CERTIFICATION OF ACTIVITIES. 1180 (a)No later than July 31 and January 31 of each year, the 1181 supervisor shall must certify to the department the address list 1182 maintenance activities conducted during the first 6 months and 1183 the second 6 months of the year, respectively, including the 1184 number of address confirmation requests sent, the number of 1185 voters designated as inactive, and the number of voters removed 1186 from the statewide voter registration system. 1187 (b)If, based on the certification provided pursuant to 1188 paragraph (a), the department determines that a supervisor has 1189 not conducted the list maintenance activities required by this 1190 section, the department must shall conduct the appropriate list 1191 maintenance activities for that county. Failure to conduct list 1192 maintenance activities as required in this section constitutes a 1193 violation of s. 104.051. 1194 Section 17.Subsections (2) and (3) of section 98.075, 1195 Florida Statutes, are amended to read: 1196 98.075Registration records maintenance activities; 1197 ineligibility determinations. 1198 (2)DUPLICATE REGISTRATION. 1199 (a)The department shall identify those voters who are 1200 registered more than once or those applicants whose registration 1201 applications within this the state would result in duplicate 1202 registrations. The most recent application must shall be deemed 1203 an update to the voter registration record. 1204 (b)1.The department may become a member of a 1205 nongovernmental entity whose sole purpose is to share and 1206 exchange information in order to verify voter registration 1207 information. The membership of the nongovernmental entity must 1208 be composed solely of election officials of state governments, 1209 except that such membership may also include election officials 1210 of the District of Columbia. If the department intends to become 1211 a member of such a nongovernmental entity, the agreement to join 1212 the entity must require that the Secretary of State, or his or 1213 her designee, serve as a full member with voting rights on the 1214 nongovernmental entitys board of directors within 12 months 1215 after joining the entity. The department may enter into 1216 memorandums of understanding with other state governments. 1217 2.The department may share confidential and exempt 1218 information with another state government after agreeing to a 1219 memorandum of understanding or after becoming a member of a 1220 nongovernmental entity as provided in subparagraph 1. if: 1221 a.Each state government or each member of the 1222 nongovernmental entity agrees to maintain the confidentiality of 1223 such information as required by the laws of the jurisdiction 1224 providing the information; or 1225 b.The bylaws of the nongovernmental entity require member 1226 jurisdictions and the entity to maintain the confidentiality of 1227 information as required by the laws of the jurisdiction 1228 providing the information. 1229 3.The department may only become a member of a 1230 nongovernmental entity as provided in subparagraph 1. if the 1231 entity is controlled and operated by the participating 1232 jurisdictions. The entity may not be operated or controlled by 1233 the Federal Government or any other entity acting on behalf of 1234 the Federal Government. The department must be able to withdraw 1235 at any time from any such membership entered into. 1236 4.If the department enters into a memorandum of 1237 understanding with another state government or becomes a member 1238 of a nongovernmental entity as provided in subparagraph 1., the 1239 Department of Highway Safety and Motor Vehicles must, pursuant 1240 to a written agreement with the department, provide driver 1241 license or identification card information to the department for 1242 the purpose of sharing and exchanging voter registration 1243 information with the other state government or nongovernmental 1244 entity. 1245 5.If the department becomes a member of a nongovernmental 1246 entity as provided in subparagraph 1., the department must 1247 submit a report to the Governor, the President of the Senate, 1248 and the Speaker of the House of Representatives by December 1 of 1249 each year. The report must describe the terms of the 1250 nongovernmental entity membership and provide information on the 1251 total number of voters removed from the voter registration 1252 system as a result of the membership and the reasons for their 1253 removal. 1254 (c)Information received by the department from another 1255 state or the District of Columbia upon the department entering 1256 into a memorandum of understanding with another state or 1257 becoming a member of a nongovernmental entity as provided in 1258 subparagraph (b)1., which is confidential or exempt pursuant to 1259 the laws of that state or the District of Columbia, is exempt 1260 from s. 119.07(1) and s. 24(a), Art. I of the State 1261 Constitution. The department shall provide such information to 1262 the supervisors to conduct registration list maintenance 1263 activities. 1264 (3)DECEASED PERSONS. 1265 (a)1.The department shall identify those registered voters 1266 who are deceased by comparing information received from: 1267 a.The Department of Health as provided in s. 98.093; 1268 b.The United States Social Security Administration, 1269 including, but not limited to, any master death file or index 1270 compiled by the United States Social Security Administration; or 1271 and 1272 c.The Department of Highway Safety and Motor Vehicles. 1273 2.Within 7 days after receipt of such information through 1274 the statewide voter registration system, the supervisor shall 1275 remove the name of the registered voter. 1276 (b)The supervisor shall remove the name of a deceased 1277 registered voter from the statewide voter registration system 1278 within 7 days after: 1279 1.Receipt of a copy of a death certificate issued by a 1280 governmental agency authorized to issue death certificates; or 1281 2.A published obituary or notice of death, a letter of 1282 probate or estate administration, or personal knowledge that is 1283 verified pursuant to s. 92.525, of a registered voters death. 1284 Section 18.Section 98.094, Florida Statutes, is created to 1285 read: 1286 98.094Federal jury notice. 1287 (1)Lists of registered voters must be provided to federal 1288 courts for purposes of selecting jurors on the condition that 1289 the jury coordinator provides notice pursuant to subsection (2) 1290 regarding ineligible or potentially ineligible voters. 1291 (2)The jury coordinator shall prepare or cause to be 1292 prepared a list of each person disqualified or potentially 1293 disqualified as a prospective juror from jury service due to not 1294 being a United States citizen, being convicted of a felony, 1295 being deceased, not being a resident of this state, or not being 1296 a resident of the county. The list must be prepared and sent to 1297 the division according to the jury summons cycle used by the 1298 court clerk and may be provided by mail, facsimile, e-mail or 1299 other electronic means. This section does not prevent the list 1300 from being sent more frequently. 1301 (3)The jury coordinator shall provide the division with 1302 all of the following information about each disqualified juror: 1303 (a)His or her full name. 1304 (b)Current and prior addresses, if any. 1305 (c)Telephone number, if available. 1306 (d)Date of birth. 1307 (e)The reason for disqualification. 1308 (4)The division shall provide the information to the 1309 supervisors in each county of residence for a disqualified 1310 juror, and the supervisor shall initiate list maintenance 1311 pursuant to s. 98.065, or eligibility maintenance pursuant to s. 1312 98.075(7). 1313 Section 19.Paragraph (a) of subsection (1) and subsection 1314 (2) of section 98.212, Florida Statutes, is amended to read: 1315 98.212Department and supervisors to furnish statistical 1316 and other information. 1317 (1)(a)Upon written request, the department and any 1318 supervisor of the respective counties shall, as promptly as 1319 possible, furnish to recognized public or private universities 1320 and senior colleges within the state, to state or county 1321 governmental agencies, and to recognized political party 1322 committees statistical information for the purpose of analyzing 1323 election returns and results. 1324 (2)The supervisors shall provide information as requested 1325 by the department, including for program evaluation and 1326 reporting to the Election Assistance Commission pursuant to 1327 federal law, and by the Legislature. The department may adopt 1328 rules as necessary to establish the required content and 1329 acceptable formats for such information. 1330 Section 20.Paragraph (b) of subsection (1) of section 1331 99.012, Florida Statutes, is amended to read: 1332 99.012Restrictions on individuals qualifying for public 1333 office. 1334 (1)As used in this section: 1335 (b)Qualify means to fulfill the requirements set forth 1336 in s. 99.061(5)(a) s. 99.061(7)(a) or s. 105.031(5)(a). 1337 Section 21.Present paragraph (e) of subsection (1) of 1338 section 99.021, Florida Statutes, is redesignated as paragraph 1339 (f), and a new paragraph (e) is added to that subsection, to 1340 read: 1341 99.021Form of candidate oath. 1342 (1) 1343 (e)A persons compliance with the 365-day requirements in 1344 paragraph (b) or paragraph (c) may be challenged by a qualified 1345 candidate or a political party with qualified candidates in the 1346 same race by filing an action in the circuit court for the 1347 county in which the qualifying officer is headquartered. A 1348 person may not be qualified as a candidate for nomination or 1349 election and his or her name may not appear on the ballot if a 1350 court order becomes final and determines that: 1351 1.The person seeking to qualify for nomination as a 1352 candidate of any political party has not been registered member 1353 of that party for the 365-day period preceding the beginning of 1354 qualifying; or 1355 2.The person seeking to qualify for office as a candidate 1356 with no party affiliation has not been registered without party 1357 affiliation for, or has been a registered member of any 1358 political party during, the 365-day period preceding the 1359 beginning of qualifying. 1360 Section 22.Section 99.061, Florida Statutes, is amended to 1361 read: 1362 99.061Method of qualifying for nomination or election to 1363 federal, state, county, or district office. 1364 (1)QUALIFYING OFFICE AND PERIODS. 1365 (a)The provisions of any special act to the contrary 1366 notwithstanding, each person seeking to qualify for nomination 1367 or election to a federal, state, or multicounty district office, 1368 other than election to a judicial office as defined in chapter 1369 105 or the office of school board member, must shall file his or 1370 her qualification papers with, and pay the qualifying fee, which 1371 consists shall consist of the filing fee and election 1372 assessment, and party assessment, if any has been levied, to, 1373 the Department of State, or qualify by the petition process 1374 pursuant to s. 99.095 with the Department of State. The 1375 qualifying period is any time after, at any time after noon of 1376 the 1st day for qualifying, which shall be as follows: 1377 1.Noon of the 134th the 120th day before prior to the 1378 primary election, but not later than noon of the 130th 116th day 1379 before prior to the date of the primary election, for persons 1380 seeking to qualify for nomination or election to federal office 1381 or to the office of the state attorney or the public defender; 1382 and 1383 2.Noon of the 92nd 71st day before prior to the primary 1384 election, but not later than noon of the 88th 67th day before 1385 prior to the date of the primary election, for persons seeking 1386 to qualify for nomination or election to a state or multicounty 1387 district office, other than the office of the state attorney or 1388 the public defender. 1389 (b)(2)The provisions of any special act to the contrary 1390 notwithstanding, each person seeking to qualify for nomination 1391 or election to a county office, or district office not covered 1392 by subsection (1), shall file his or her qualification papers 1393 with, and pay the qualifying fee, which consists shall consist 1394 of the filing fee and election assessment, and party assessment, 1395 if any has been levied, to, the supervisor of elections of the 1396 county, or shall qualify by the petition process pursuant to s. 1397 99.095 with the supervisor of elections. The deadline for filing 1398 is, at any time after noon of the 92nd 1st day for qualifying, 1399 which shall be the 71st day before prior to the primary 1400 election, but not later than noon of the 88th 67th day before 1401 prior to the date of the primary election. Within 30 days after 1402 the closing of qualifying time, the supervisor of elections 1403 shall remit to the secretary of the state executive committee of 1404 the political party to which the candidate belongs the amount of 1405 the filing fee, two-thirds of which must shall be used to 1406 promote the candidacy of candidates for county offices and the 1407 candidacy of members of the Legislature. 1408 (c)(3)Notwithstanding the provisions of any special act to 1409 the contrary, each person seeking to qualify for election to a 1410 special district office shall qualify between noon of the 92nd 1411 71st day before prior to the primary election and noon of the 1412 88th 67th day before prior to the date of the primary election. 1413 Candidates for single-county special districts shall qualify 1414 with the supervisor of elections in the county in which the 1415 district is located. If the district is a multicounty district, 1416 candidates must shall qualify with the Department of State. All 1417 special district candidates must shall qualify by paying a 1418 filing fee of $25 or qualify by the petition process pursuant to 1419 s. 99.095. Notwithstanding s. 106.021, a candidate who does not 1420 collect contributions and whose only expense is the filing fee 1421 or signature verification fee is not required to appoint a 1422 campaign treasurer or designate a primary campaign depository. 1423 (d)Notwithstanding the qualifying periods described by 1424 this section, in each year in which the Legislature apportions 1425 the state, the qualifying period for persons seeking to qualify 1426 for nomination or election to federal office is between noon of 1427 the 92nd day before the primary election, but not later than 1428 noon of the 88th day before the primary election. 1429 (2)WRITE-IN CANDIDATES. 1430 (a)(4)(a)Each person seeking to qualify for election to 1431 office as a write-in candidate must shall file his or her 1432 qualification papers with the respective qualifying officer at 1433 any time after noon of the 1st day for qualifying, but not later 1434 than noon of the last day of the qualifying period for the 1435 office sought. 1436 (b)Any person who is seeking election as a write-in 1437 candidate is shall not be required to pay a filing fee, election 1438 assessment, or party assessment. A write-in candidate is not 1439 entitled to have his or her name printed on any ballot; however, 1440 space for the write-in candidates name to be written in must be 1441 provided on the general election ballot. A person may not 1442 qualify as a write-in candidate if the person has also otherwise 1443 qualified for nomination or election to such office. 1444 (3)(5)DISCLOSURE OF FINANCIAL INTEREST.At the time of 1445 qualifying for office, each candidate must file the following as 1446 applicable: 1447 (a)A candidate for a constitutional office, or for another 1448 elective office subject to an annual filing requirement pursuant 1449 to s. 112.3144, shall file a full and public disclosure of 1450 financial interests pursuant to s. 8, Art. II of the State 1451 Constitution, which must be verified under oath or affirmation 1452 pursuant to s. 92.525(1)(a). A candidate who is subject to an 1453 annual filing requirement under s. 112.3144 may file a 1454 verification or receipt of electronic filing pursuant to s. 1455 112.3144(4) for the purposes of qualifying only., and a 1456 (b)A candidate for any other office, including local 1457 elective office, shall file a statement of financial interests 1458 pursuant to s. 112.3145. A candidate who is subject to an annual 1459 filing requirement under s. 112.3144 may file a verification or 1460 receipt of electronic filing pursuant to s. 112.3144(4). A 1461 candidate who is subject to an annual filing requirement under 1462 s. 112.3145 may file instead a verification or receipt of 1463 electronic filing pursuant to s. 112.3145(2)(c) for the purposes 1464 of qualifying only unless the candidate is required to file a 1465 full and public disclosure of financial interests pursuant to s. 1466 8, Art. II of the State Constitution or this subsection. 1467 (4)(6)CERTIFICATION.After the end of the qualifying 1468 period, the department has no more than 3 business days to 1469 process submitted qualifying papers. The Department of State 1470 shall certify to the supervisor of elections, within 7 days 1471 after the closing date for qualifying, the names of all duly 1472 qualified candidates for nomination or election who have 1473 qualified with the Department of State. 1474 (5)(7)QUALIFYING PAPERS. 1475 (a)In order for a candidate to be qualified, the following 1476 items must be received by the filing officer by the end of the 1477 qualifying period: 1478 1.A properly executed cashiers check purchased from the 1479 candidates campaign account or check drawn upon the candidates 1480 campaign account payable to the person or entity as prescribed 1481 by the filing officer in an amount not less than the fee 1482 required by s. 99.092, unless the candidate obtained the 1483 required number of signatures on petitions pursuant to s. 1484 99.095. The filing fee for a special district candidate is not 1485 required to be drawn upon the candidates campaign account. If a 1486 candidates check is returned by any the bank for any reason, 1487 the filing officer must shall immediately notify the candidate 1488 and the candidate must shall have 48 hours after receipt of 1489 notice, excluding Saturdays, Sundays, and legal holidays until 1490 the end of qualifying to pay the fee with a cashiers check 1491 purchased from funds of the campaign account. Failure to pay the 1492 fee as provided in this subparagraph disqualifies shall 1493 disqualify the candidate. 1494 2.The candidates oath required by s. 99.021, which must 1495 contain the name of the candidate as it is to appear on the 1496 ballot; the office sought, including the district or group 1497 number if applicable; and the signature of the candidate, which 1498 must be verified under oath or affirmation pursuant to s. 1499 92.525(1)(a). 1500 3.If the office sought is partisan, the written statement 1501 of political party affiliation required by s. 99.021(1)(b); or 1502 if the candidate is running without party affiliation for a 1503 partisan office, the written statement required by s. 1504 99.021(1)(c). 1505 4.The completed form for the appointment of campaign 1506 treasurer and designation of campaign depository, as required by 1507 s. 106.021. The form does not need to be resubmitted if the form 1508 on file, which was filed with the qualifying officer before the 1509 pre-qualifying or qualifying period, is current. 1510 5.The full and public disclosure or statement of financial 1511 interests required by subsection (3) (5). A public officer who 1512 has filed the full and public disclosure or statement of 1513 financial interests with the Commission on Ethics before 1514 qualifying for office may file a copy of that disclosure or a 1515 verification or receipt of electronic filing as provided in 1516 subsection (3) (5) at the time of qualifying. 1517 (b)If the filing officer receives qualifying papers during 1518 the qualifying period prescribed in this section which do not 1519 include all items as required by paragraph (a) before prior to 1520 the last day of qualifying, the filing officer must shall make a 1521 reasonable effort to notify the candidate of the missing or 1522 incomplete items and must shall inform the candidate that all 1523 required items must be received by the close of qualifying. A 1524 candidates name as it is to appear on the ballot may not be 1525 changed after the end of qualifying. 1526 (6)(c)MINISTERIAL ROLE.The filing officer performs a 1527 ministerial function in reviewing qualifying papers. In 1528 determining whether a candidate is qualified, the filing officer 1529 shall review the qualifying papers to determine whether all 1530 items required by subsection (5) paragraph (a) have been 1531 properly filed and on the most current form as applicable, and 1532 whether each item is complete on its face, including whether 1533 items that must be verified have been properly verified pursuant 1534 to s. 92.525(1)(a). The filing officer may not determine whether 1535 the contents of the qualifying papers are accurate. 1536 (7)(8)PREQUALIFYING SUBMISSION PERIOD.Notwithstanding the 1537 qualifying period prescribed in this section, a qualifying 1538 office may accept and hold qualifying papers submitted not 1539 earlier than 14 days prior to the beginning of the qualifying 1540 period, to be processed and filed during the qualifying period. 1541 (9)Notwithstanding the qualifying period prescribed by 1542 this section, in each year in which the Legislature apportions 1543 the state, the qualifying period for persons seeking to qualify 1544 for nomination or election to federal office shall be between 1545 noon of the 71st day prior to the primary election, but not 1546 later than noon of the 67th day prior to the primary election. 1547 (8)(10)RULEMAKING.The Department of State may prescribe 1548 by rule requirements for filing papers to qualify as a candidate 1549 under this section. 1550 (9)(11)EXEMPTION FROM CHAPTER 120.The decision of the 1551 filing officer concerning whether a candidate is qualified is 1552 exempt from the provisions of chapter 120. 1553 Section 23.Effective upon becoming a law, section 99.092, 1554 Florida Statutes, is amended to read: 1555 99.092Qualifying fee of candidate; notification of 1556 Department of State. 1557 (1)Each person seeking to qualify for nomination or 1558 election to any office, except a person seeking to qualify by 1559 the petition process pursuant to s. 99.095 and except a person 1560 seeking to qualify as a write-in candidate, shall pay a 1561 qualifying fee, which shall consist of a filing fee and election 1562 assessment, to the officer with whom the person qualifies, and 1563 any party assessment levied, and shall attach the original or 1564 signed duplicate of the receipt for his or her party assessment 1565 or pay the same, in accordance with the provisions of s. 1566 103.121, at the time of filing his or her other qualifying 1567 papers. The amount of the filing fee is 3 percent of the annual 1568 salary of the office. The amount of the election assessment is 1 1569 percent of the annual salary of the office sought. The election 1570 assessment shall be transferred to the Elections Commission 1571 Trust Fund. The amount of the party assessment is 2 percent of 1572 the annual salary. The annual salary of the office for purposes 1573 of computing the filing fee, election assessment, and party 1574 assessment shall be computed by multiplying 12 times the monthly 1575 salary, excluding any special qualification pay, authorized for 1576 such office as of July 1 immediately preceding the first day of 1577 qualifying. No qualifying fee shall be returned to the candidate 1578 unless the candidate withdraws his or her candidacy before the 1579 last date to qualify. If a candidate dies prior to an election 1580 and has not withdrawn his or her candidacy before the last date 1581 to qualify, the candidates qualifying fee shall be returned to 1582 his or her designated beneficiary, and, if the filing fee or any 1583 portion thereof has been transferred to the political party of 1584 the candidate, the Secretary of State shall direct the party to 1585 return that portion to the designated beneficiary of the 1586 candidate. 1587 (2)The supervisor of elections shall, immediately after 1588 the last day for qualifying, submit to the Department of State a 1589 list containing the names, party affiliations, and addresses of 1590 all candidates and the offices for which they qualified. 1591 (3)(a)The division shall create a uniform petition form on 1592 which signatures for a candidate petition will be affixed. The 1593 form must solicit and require all of the following information: 1594 1.The full name of the voter. 1595 2.The voters residential address and county. 1596 3.The voters voter registration number or date of birth. 1597 4.The voters Florida driver license number, the voters 1598 Florida identification card number, or the last four digits of 1599 the voters social security number. 1600 5.An attestation that the voter is a registered voter in 1601 this state and is petitioning the Secretary of State to place 1602 the candidates name on the ballot. 1603 6.The voters signature and the date signed. 1604 7.The candidates name and party information and the title 1605 of the office sought by the candidate. 1606 (b)The petition form must include a notice stating that 1607 the form becomes public record upon receipt by the supervisor of 1608 elections, that it is a first degree misdemeanor to knowingly 1609 sign the same candidate petition more than once, and that the 1610 form may not be validated if all requested information is not 1611 provided. 1612 Section 24.Effective upon becoming a law, subsection (3) 1613 of section 99.095, Florida Statutes, is amended to read: 1614 99.095Petition process in lieu of a qualifying fee and 1615 party assessment. 1616 (3)Each petition must be submitted before noon of the 28th 1617 day preceding the first day of the qualifying period for the 1618 office sought to the supervisor of elections of the county in 1619 which such petition was circulated. Each supervisor shall check 1620 the signatures on the petitions to verify their status as voters 1621 in the county, district, or other geographical area represented 1622 by the office sought. The supervisor may verify that the 1623 signature on a form is valid only if the petition form is a 1624 circulated petition form properly verified pursuant to s. 1625 100.373 or a requested petition form properly verified pursuant 1626 to s. 100.375. No later than the 7th day before the first day of 1627 the qualifying period, the supervisor shall certify the number 1628 of valid signatures. 1629 Section 25.Effective upon becoming a law, paragraph (a) of 1630 subsection (4) of section 99.097, Florida Statutes, is amended 1631 to read: 1632 99.097Verification of signatures on petitions. 1633 (4)(a)The supervisor must be paid in advance the sum of 10 1634 cents for each signature checked or the actual cost of checking 1635 such signature, whichever is less, by the candidate or, in the 1636 case of a petition to have a local issue placed on the ballot, 1637 by the person or organization submitting the petition. In the 1638 case of a petition to place a statewide issue on the ballot, the 1639 person or organization submitting the petition must pay the 1640 supervisor in advance the cost posted by the supervisor pursuant 1641 to s. 100.371(6) s. 100.371(11) for the actual cost of checking 1642 signatures to place a statewide issue on the ballot. 1643 Section 26.Subsections (3) and (5) of section 99.097, 1644 Florida Statutes, are amended to read: 1645 99.097Verification of signatures on petitions. 1646 (3)(a)If all other requirements for the petition are met, 1647 a signature on a petition must shall be verified and counted as 1648 valid for a registered voter if the voter is active and if, 1649 after comparing the signature on the petition and the signature 1650 of the registered voter in the voter registration system, the 1651 supervisor is able to determine that the petition signer is the 1652 same as the registered voter, even if the name on the petition 1653 is not in substantially the same form as in the voter 1654 registration system. 1655 (b)In any situation in which this code requires the form 1656 of the petition to be prescribed by the division, a no signature 1657 may not shall be counted toward the number of signatures 1658 required unless it is on a petition form prescribed by the 1659 division. 1660 (c)If a voter signs a petition and lists an address other 1661 than the legal residence where the voter is registered, the 1662 supervisor must shall treat the signature as if the voter had 1663 listed the address where the voter is registered, but may not 1664 update the voters address on file. 1665 (5)The results of a verification pursuant to subparagraph 1666 (1)(a)2. may be contested in the circuit court by the candidate; 1667 an announced opponent in a candidate contest; or the chairperson 1668 of the sponsoring a representative of a designated political 1669 committee or the chairperson of a political committee registered 1670 to oppose the issue in an issue contest; or a person, party, or 1671 other organization submitting the petition. The contestant must 1672 file a complaint, together with the fees prescribed in chapter 1673 28, with the clerk of the circuit court in the county in which 1674 the petition is certified or in Leon County if the petition 1675 covers more than one county on or before the deadline to certify 1676 ballot placement within 10 days after midnight of the date the 1677 petition is certified; and the complaint must set forth the 1678 grounds on which the contestant intends to establish his or her 1679 right to require a complete check of the petition pursuant to 1680 subparagraph (1)(a)1 or to establish whether the petition can or 1681 cannot be verified as valid. In the event the court orders a 1682 complete check of the petition and the result is not changed as 1683 to the success or lack of success of the petitioner in obtaining 1684 the requisite number of valid signatures, then such candidate, 1685 unless the candidate has filed the oath stating that he or she 1686 is unable to pay such charges; announced opponent; 1687 representative of a designated political committee; or party, 1688 person, or organization submitting the petition, unless such 1689 person or organization has filed the oath stating inability to 1690 pay such charges, must shall pay to the supervisor of elections 1691 of each affected county for the complete check an amount 1692 calculated at the rate of 10 cents for each additional signature 1693 checked or the actual cost of checking such additional 1694 signatures, as applicable. 1695 Section 27.Section 100.191, Florida Statutes, is amended 1696 to read: 1697 100.191General election laws applicable to special 1698 elections; returns.All laws that are applicable to general 1699 elections and primary elections are applicable to special 1700 elections or special primary elections, respectively, to fill a 1701 vacancy in office or nomination. The Elections Canvassing 1702 Commission shall certify results in accordance with s. 102.112 1703 immediately, upon receipt of returns from the county in which a 1704 special election is held, proceed to canvass the returns and 1705 determine and declare the result thereof. 1706 Section 28.Effective upon becoming a law, section 100.371, 1707 Florida Statutes, is amended to read: 1708 100.371Initiatives; procedure for placement on ballot. 1709 (1)Constitutional amendments proposed by initiative shall 1710 be placed on the ballot for the general election, provided the 1711 initiative petition has been filed with the Secretary of State 1712 no later than February 1 of the year the general election is 1713 held. A petition shall be deemed to be filed with the Secretary 1714 of State upon the date the secretary determines that valid and 1715 verified petition forms have been signed by the constitutionally 1716 required number and distribution of electors under this code. 1717 (2)The sponsor of an initiative amendment shall, before 1718 circulating any initiative petition forms to voters prior to 1719 obtaining any signatures, register as a political committee 1720 pursuant to s. 106.03 and submit the text of the proposed 1721 amendment to the Secretary of State, with the form on which the 1722 signatures will be affixed, and shall obtain the approval of the 1723 Secretary of State of such form. The Secretary of State shall 1724 adopt rules pursuant to s. 120.54 prescribing the style and 1725 requirements of such form. Upon filing with the Secretary of 1726 State, the text of the proposed amendment and all forms filed in 1727 connection with this section must, upon request, be made 1728 available in alternative formats. 1729 (3)(a)The division shall assign the initiative petition a 1730 petition number and create the form on which signatures for the 1731 initiative petition must be affixed. The petition form must 1732 prominently display the petition number, the ballot title, and 1733 the full text of the proposed amendment; must contain the date 1734 approved by the Secretary of State, a barcode associated with 1735 the initiative petition, and a serial number; and must solicit 1736 and require all of the following information: 1737 1.The full name of the voter. 1738 2.The voters residential address and county. 1739 3.The voters voter registration number or date of birth. 1740 4.The voters Florida driver license number or Florida 1741 identification card number, or the last four digits of the 1742 voters social security number. 1743 5.An attestation that the voter is a registered Florida 1744 voter and is petitioning the Secretary of State to place the 1745 proposed amendment on the ballot. 1746 6.The voters signature and the date signed A person may 1747 not collect signatures or initiative petitions for compensation 1748 unless the person is registered as a petition circulator with 1749 the Secretary of State. 1750 (b)The petition form must include a notice that states 1751 that the form becomes public record upon receipt by the 1752 supervisor, that it is a first degree misdemeanor to knowingly 1753 sign the same initiative petition more than once, and that the 1754 form may not be validated if all requested information is not 1755 provided A citizen may challenge a petition circulators 1756 registration under this section by filing a petition in circuit 1757 court. If the court finds that the respondent is not a 1758 registered petition circulator, the court may enjoin the 1759 respondent from collecting signatures or initiative petitions 1760 for compensation until she or he is lawfully registered. 1761 (4)An application for registration must be submitted in 1762 the format required by the Secretary of State and must include 1763 the following: 1764 (a)The information required to be on the petition form 1765 under s. 101.161, including the ballot summary and title as 1766 approved by the Secretary of State. 1767 (b)The applicants name, permanent address, temporary 1768 address, if applicable, and date of birth. 1769 (c)An address in this state at which the applicant will 1770 accept service of process related to disputes concerning the 1771 petition process, if the applicant is not a resident of this 1772 state. 1773 (d)A statement that the applicant consents to the 1774 jurisdiction of the courts of this state in resolving disputes 1775 concerning the petition process. 1776 (e)Any information required by the Secretary of State to 1777 verify the applicants identity or address. 1778 (5)All petitions collected by a petition circulator must 1779 contain, in a format required by the Secretary of State, a 1780 completed Petition Circulators Affidavit which includes: 1781 (a)The circulators name and permanent address; 1782 (b)The following statement, which must be signed by the 1783 circulator: 1784 1785 By my signature below, as petition circulator, I 1786 verify that the petition was signed in my presence. 1787 Under penalties of perjury, I declare that I have read 1788 the foregoing Petition Circulators Affidavit and the 1789 facts stated in it are true. 1790 1791 (6)The division or the supervisor of elections shall make 1792 hard copy petition forms or electronic portable document format 1793 petition forms available to registered petition circulators. All 1794 such forms must contain information identifying the petition 1795 circulator to which the forms are provided. The division shall 1796 maintain a database of all registered petition circulators and 1797 the petition forms assigned to each. Each supervisor of 1798 elections shall provide to the division information on petition 1799 forms assigned to and received from petition circulators. The 1800 information must be provided in a format and at times as 1801 required by the division by rule. The division must update 1802 information on petition forms daily and make the information 1803 publicly available. 1804 (7)(a)A sponsor that collects petition forms or uses a 1805 petition circulator to collect petition forms serves as a 1806 fiduciary to the elector signing the petition form, ensuring 1807 that any petition form entrusted to the petition circulator 1808 shall be promptly delivered to the supervisor of elections 1809 within 30 days after the elector signs the form. If a petition 1810 form collected by any petition circulator is not promptly 1811 delivered to the supervisor of elections, the sponsor is liable 1812 for the following fines: 1813 1.A fine in the amount of $50 for each petition form 1814 received by the supervisor of elections more than 30 days after 1815 the elector signed the petition form or the next business day, 1816 if the office is closed. A fine in the amount of $250 for each 1817 petition form received if the sponsor or petition circulator 1818 acted willfully. 1819 2.A fine in the amount of $500 for each petition form 1820 collected by a petition circulator which is not submitted to the 1821 supervisor of elections. A fine in the amount of $1,000 for any 1822 petition form not submitted if the sponsor or petition 1823 circulator acted willfully. 1824 (b)A showing by the sponsor that the failure to deliver 1825 the petition form within the required timeframe is based upon 1826 force majeure or impossibility of performance is an affirmative 1827 defense to a violation of this subsection. The fines described 1828 in this subsection may be waived upon a showing that the failure 1829 to deliver the petition form promptly is based upon force 1830 majeure or impossibility of performance. 1831 (8)If the Secretary of State reasonably believes that a 1832 person or entity has committed a violation of this section, the 1833 secretary may refer the matter to the Attorney General for 1834 enforcement. The Attorney General may institute a civil action 1835 for a violation of this section or to prevent a violation of 1836 this section. An action for relief may include a permanent or 1837 temporary injunction, a restraining order, or any other 1838 appropriate order. 1839 (5)(9)The division shall adopt by rule a complaint form 1840 for an elector who claims to have had his or her signature 1841 misrepresented or, forged, or not delivered to the supervisor. 1842 The division shall also adopt rules to ensure the integrity of 1843 the petition form gathering process, including rules requiring 1844 sponsors to account for all petition forms used by their agents. 1845 Such rules may require a sponsor or petition circulator to 1846 provide identification information on each petition form as 1847 determined by the department as needed to assist in the 1848 accounting of petition forms. 1849 (10)The date on which an elector signs a petition form is 1850 presumed to be the date on which the petition circulator 1851 received or collected the petition form. 1852 (6)(a)(11)(a)An initiative petition form circulated for 1853 signature may not be bundled with or attached to any other 1854 petition. Each signature shall be dated when made and shall be 1855 valid until the next February 1 occurring in an even-numbered 1856 year for the purpose of the amendment appearing on the ballot 1857 for the general election occurring in that same year, provided 1858 all other requirements of law are met. The sponsor shall submit 1859 signed and dated forms to the supervisor of elections for the 1860 county of residence listed by the person signing the form for 1861 verification of the number of valid signatures obtained. If a 1862 signature on a petition is from a registered voter in another 1863 county, the supervisor shall notify the petition sponsor of the 1864 misfiled petition. The supervisor shall promptly verify the 1865 signatures within 60 days after receipt of the petition forms 1866 and payment of a fee for the actual cost of signature 1867 verification incurred by the supervisor. However, for petition 1868 forms submitted less than 60 days before February 1 of an even 1869 numbered year, the supervisor shall promptly verify the 1870 signatures within 30 days after receipt of the form and payment 1871 of the fee for signature verification. The supervisor shall 1872 promptly record, in the manner prescribed by the Secretary of 1873 State, the date each form is received by the supervisor, and the 1874 date the signature on the form is verified as valid. The 1875 supervisor may verify that the signature on a form is valid only 1876 if: 1877 1.The petition form is a circulated petition form properly 1878 verified pursuant to s. 100.373; or The form contains the 1879 original signature of the purported elector. 1880 2.The petition form is a requested petition form properly 1881 verified pursuant to s. 100.375 The purported elector has 1882 accurately recorded on the form the date on which he or she 1883 signed the form. 1884 3.The form sets forth the purported electors name, 1885 address, city, county, and voter registration number or date of 1886 birth. 1887 4.The purported elector is, at the time he or she signs 1888 the form and at the time the form is verified, a duly qualified 1889 and registered elector in the state. 1890 5.The signature was obtained legally, including that if a 1891 paid petition circulator was used, the circulator was validly 1892 registered under subsection (3) when the signature was obtained. 1893 1894 The supervisor shall retain all signed petition signature forms, 1895 separating forms verified as valid from those deemed invalid, 1896 for at least 1 year following the election for which the 1897 petition was circulated. Notwithstanding any other law, the 1898 supervisor shall promptly transmit copies of signed petition 1899 forms to the division upon request. 1900 (b)Each supervisor shall post the actual cost of signature 1901 verification on his or her website and may increase such cost, 1902 as necessary, annually on March 1 February 2 of each even 1903 numbered year. The cost includes, but is not limited to, costs 1904 incurred processing and fulfilling requests, comparing 1905 signatures, and validating information on circulated and 1906 requested petition forms pursuant to ss. 100.373 and 100.375, 1907 respectively. The division shall also publish each countys 1908 current cost on its website. The division and each supervisor 1909 shall biennially review available technology aimed at reducing 1910 verification costs. 1911 (c)On the last day of each month, or on the last day of 1912 each week from December 1 of an odd-numbered year through 1913 February 1 of the following year, each supervisor shall post on 1914 his or her website the total number of signatures submitted, the 1915 total number of invalid signatures, the total number of 1916 signatures processed, and the aggregate number of verified valid 1917 signatures and the distribution of such signatures by 1918 congressional district for each proposed amendment proposed by 1919 initiative, along with the following information specific to the 1920 reporting period: the total number of signed petition forms 1921 received, the total number of signatures verified, the 1922 distribution of verified valid signatures by congressional 1923 district, and the total number of verified petition forms 1924 forwarded to the Secretary of State. 1925 (7)(a)(12)The Secretary of State shall determine from the 1926 signatures verified by the supervisors of elections the total 1927 number of verified valid signatures and the distribution of such 1928 signatures by congressional districts, and the division shall 1929 post such information on its website at the same intervals 1930 specified in paragraph (6)(c) (11)(c). Upon a determination that 1931 the requisite number and distribution of valid signatures have 1932 been obtained, the secretary shall issue a certificate of ballot 1933 position for that proposed amendment and shall assign a 1934 designating number pursuant to s. 101.161. The Secretary of 1935 State shall rescind the certificate of ballot position if: 1936 1.An advisory opinion issued by the Supreme Court pursuant 1937 to s. 3(b)(10), Art. V of the State Constitution deems the 1938 initiative petition invalid; or 1939 2.The Secretary of State determines, before August 1 of 1940 the year the general election is held, that the initiative 1941 petition did not obtain the requisite number or distribution of 1942 valid signatures. 1943 (b)The issuance of a certificate of ballot position 1944 pursuant to paragraph (a) may be contested in the circuit court 1945 by any voter. The contestant must file a complaint with the 1946 clerk of the circuit court for Leon County no later than the 1947 first Tuesday after the first Monday in January after the 1948 election for which the petition was circulated. The complaint 1949 must set forth the grounds on which the contestant intends to 1950 establish that the initiative petition did not obtain the 1951 requisite number or distribution of valid signatures. 1952 (8)(a)(13)(a)At the same time the Secretary of State 1953 submits an initiative petition to the Attorney General pursuant 1954 to s. 15.21, the secretary shall submit a copy of the initiative 1955 petition to a panel composed of Trustees of the State Board of 1956 Administration or their appointees the Financial Impact 1957 Estimating Conference. Within 75 days after receipt of a 1958 proposed revision or amendment to the State Constitution by 1959 initiative petition from the Secretary of State, the panel 1960 Financial Impact Estimating Conference shall complete a 1961 statement on the an analysis and financial impact to the state 1962 budget statement to be placed on the ballot of the estimated 1963 increase or decrease in any revenues or costs to state or local 1964 governments and the overall impact to the state budget resulting 1965 from the proposed initiative. The 75-day time limit is tolled 1966 when the Legislature is in session. The panel Financial Impact 1967 Estimating Conference shall submit the financial impact 1968 statement to the Attorney General and Secretary of State. If the 1969 initiative petition has been submitted to the panel Financial 1970 Impact Estimating Conference but the validity of signatures has 1971 expired and the initiative petition no longer qualifies for 1972 ballot placement at the ensuing general election, the Secretary 1973 of State must notify the panel Financial Impact Estimating 1974 Conference. The panel Financial Impact Estimating Conference is 1975 not required to complete a an analysis and financial impact 1976 statement for an initiative petition that fails to meet the 1977 requirements of subsection (1) for placement on the ballot 1978 before the 75-day time limit, including any tolling period, 1979 expires. The initiative petition may be resubmitted to the panel 1980 Financial Impact Estimating Conference if the initiative 1981 petition meets the requisite criteria for a subsequent general 1982 election cycle. A new Financial Impact Estimating Conference 1983 shall be established at such time as the initiative petition 1984 again satisfies the criteria in s. 15.21(1). 1985 (b)Immediately upon receipt of a proposed revision or 1986 amendment from the Secretary of State, the coordinator of the 1987 Office of Economic and Demographic Research shall contact the 1988 person identified as the sponsor to request an official list of 1989 all persons authorized to speak on behalf of the named sponsor 1990 and, if there is one, the sponsoring organization at meetings 1991 held by the Financial Impact Estimating Conference. All other 1992 persons shall be deemed interested parties or proponents or 1993 opponents of the initiative. The Financial Impact Estimating 1994 Conference shall provide an opportunity for any representatives 1995 of the sponsor, interested parties, proponents, or opponents of 1996 the initiative to submit information and may solicit information 1997 or analysis from any other entities or agencies, including the 1998 Office of Economic and Demographic Research. 1999 (c)All meetings of the panel Financial Impact Estimating 2000 Conference shall be open to the public. The panel shall prepare 2001 The President of the Senate and the Speaker of the House of 2002 Representatives, jointly, shall be the sole judge for the 2003 interpretation, implementation, and enforcement of this 2004 subsection. 2005 1.The Financial Impact Estimating Conference is 2006 established to review, analyze, and estimate the financial 2007 impact of amendments to or revisions of the State Constitution 2008 proposed by initiative. The Financial Impact Estimating 2009 Conference shall consist of four principals: one person from the 2010 Executive Office of the Governor; the coordinator of the Office 2011 of Economic and Demographic Research, or his or her designee; 2012 one person from the professional staff of the Senate; and one 2013 person from the professional staff of the House of 2014 Representatives. Each principal shall have appropriate fiscal 2015 expertise in the subject matter of the initiative. A Financial 2016 Impact Estimating Conference may be appointed for each 2017 initiative. 2018 2.Principals of the Financial Impact Estimating Conference 2019 shall reach a consensus or majority concurrence on a clear and 2020 unambiguous financial impact statement, no more than 150 words 2021 in length, and immediately submit the statement to the Secretary 2022 of State Attorney General. Nothing in this subsection prohibits 2023 the panel Financial Impact Estimating Conference from setting 2024 forth a range of potential impacts in the financial impact 2025 statement. Any financial impact statement that a court finds not 2026 to be in accordance with this section shall be remanded solely 2027 to the Financial Impact Estimating Conference for redrafting. 2028 The panel may Financial Impact Estimating Conference shall 2029 redraft the financial impact statement before the 75th day 2030 before the election within 15 days. 2031 3.If the Supreme Court has rejected the initial submission 2032 by the Financial Impact Estimating Conference and no redraft has 2033 been approved by the Supreme Court by 5 p.m. on the 75th day 2034 before the election, the following statement shall appear on the 2035 ballot: The impact of this measure, if any, has not been 2036 determined at this time. 2037 (c)(d)The financial impact statement must be separately 2038 contained and be set forth after the ballot summary and 2039 disclosure of material legal effects as required in s. 2040 101.161(1). 2041 1.If the financial impact statement projects a net 2042 negative impact on the state budget, the ballot must include the 2043 statement required by s. 101.161(1)(c) s. 101.161(1)(b). 2044 2.If the financial impact statement projects a net 2045 positive impact on the state budget, the ballot must include the 2046 statement required by s. 101.161(1)(d) s. 101.161(1)(c). 2047 3.If the financial impact statement estimates an 2048 indeterminate financial impact or if the members of the panel 2049 Financial Impact Estimating Conference are unable to agree on 2050 the statement required by this subsection, the ballot must 2051 include the statement required by s. 101.161(1)(e) s. 2052 101.161(1)(d). 2053 (d)1.(e)1.Any financial impact statement that the Supreme 2054 Court finds not to be in accordance with this subsection shall 2055 be remanded solely to the Financial Impact Estimating Conference 2056 for redrafting, provided the courts advisory opinion is 2057 rendered at least 75 days before the election at which the 2058 question of ratifying the amendment will be presented. The 2059 Financial Impact Estimating Conference shall prepare and adopt a 2060 revised financial impact statement no later than 5 p.m. on the 2061 15th day after the date of the courts opinion. 2062 2.If, by 5 p.m. on the 75th day before the election, the 2063 Supreme Court has not issued an advisory opinion on the initial 2064 financial impact statement prepared by the Financial Impact 2065 Estimating Conference for an initiative amendment that otherwise 2066 meets the legal requirements for ballot placement, the financial 2067 impact statement shall be deemed approved for placement on the 2068 ballot. 2069 3.In addition to the financial impact statement required 2070 by this subsection, the panel Financial Impact Estimating 2071 Conference shall draft an initiative financial information 2072 statement. The initiative financial information statement should 2073 describe in greater detail than the financial impact statement 2074 any projected increase or decrease in revenues or costs that the 2075 state or local governments would likely experience if the ballot 2076 measure were approved. If appropriate, the initiative financial 2077 information statement may include both estimated dollar amounts 2078 and a description placing the estimated dollar amounts into 2079 context. The initiative financial information statement must 2080 include both a summary of not more than 500 words and additional 2081 detailed information that includes the assumptions that were 2082 made to develop the financial impacts, workpapers, and any other 2083 information deemed relevant by the Financial Impact Estimating 2084 Conference. 2085 2.4.The Department of State shall have printed, and shall 2086 furnish to each supervisor of elections, a copy of the summary 2087 from the initiative financial information statements. The 2088 supervisors shall have the summary from the initiative financial 2089 information statements available at each polling place and at 2090 the main office of the supervisor of elections upon request. 2091 3.5.The Secretary of State and the Office of Economic and 2092 Demographic Research shall make available on the Internet each 2093 initiative financial information statement in its entirety. In 2094 addition, each supervisor of elections whose office has a 2095 website shall post the summary from each initiative financial 2096 information statement on the website. Each supervisor shall 2097 include a copy of each summary from the initiative financial 2098 information statements and the Internet addresses for the 2099 information statements on the Secretary of States website and 2100 the Office of Economic and Demographic Researchs websites in 2101 the publication or mailing required by s. 101.20. 2102 (9)(14)The Department of State may adopt rules in 2103 accordance with s. 120.54 to carry out the provisions of 2104 subsections (1)-(8) (1)-(14). 2105 (10)(15)No provision of this code shall be deemed to 2106 prohibit a private person exercising lawful control over 2107 privately owned property, including property held open to the 2108 public for the purposes of a commercial enterprise, from 2109 excluding from such property persons seeking to engage in 2110 activity supporting or opposing initiative amendments. 2111 Section 29.Effective upon becoming a law, section 100.373, 2112 Florida Statutes, is created to read: 2113 100.373Circulated petition forms; verification. 2114 (1)For the purposes of this chapter, the term circulated 2115 petition form means an initiative petition form circulated 2116 pursuant to s. 100.371, or a candidate petition form circulated 2117 pursuant to s. 99.095, which has not been requested pursuant to 2118 s. 100.375. 2119 (2)A voter may submit a signed circulated petition form at 2120 any supervisor of elections office located within the county in 2121 which the voter is registered to vote. A circulated petition 2122 form is valid only if the supervisor verifies that: 2123 (a)The voter presenting the circulated petition form is 2124 identified and his or her signature is verified pursuant to 2125 subsection (3); 2126 (b)The voter accurately recorded on the form the date on 2127 which he or she signed the form; 2128 (c)The form accurately sets forth the voters name, 2129 address, city, county, and voter registration number or date of 2130 birth; 2131 (d)The form accurately sets forth the voters driver 2132 license number, the voters Florida identification card number, 2133 or the last four digits of the voters social security number; 2134 and 2135 (e)The voter is, at the time he or she signs the form and 2136 at the time the form is verified, an active and duly qualified 2137 and registered voter in this state. 2138 (3)(a)The supervisor shall require the voter to present 2139 one of the following forms of current and valid picture 2140 identification: 2141 1.Florida driver license. 2142 2.Florida identification card issued by the Department of 2143 Highway Safety and Motor Vehicles. 2144 3.United States passport. 2145 4.United States Uniformed Services or Merchant Marine 2146 identification. 2147 5.Veteran health identification card issued by the United 2148 States Department of Veterans Affairs. 2149 6.License to carry a concealed weapon or firearm issued 2150 pursuant to s. 790.06. 2151 7.Employee identification card issued by any branch, 2152 department, agency, or entity of the Federal Government, the 2153 state, a county, or a municipality. 2154 (b)If the information on the picture identification 2155 matches the information on the circulated petition form and the 2156 supervisor is satisfied that the person presenting the 2157 circulated petition form is the person shown on the picture 2158 identification, the supervisor must deem the petition form 2159 submitted. The supervisor shall then verify that the signature 2160 on the circulated petition form matches a signature on file for 2161 the voter in the Florida Voter Registration System. 2162 Section 30.Effective upon becoming a law, section 100.375, 2163 Florida Statutes, is created to read: 2164 100.375Requested petition forms; verification. 2165 (1)DEFINITION.For purposes of this chapter, the term 2166 requested petition form means an initiative petition form 2167 created pursuant to s. 100.371, or a candidate petition form 2168 created pursuant to s. 99.095, which is requested pursuant to 2169 this section. 2170 (2)REQUEST. 2171 (a)A supervisor shall accept a request for a petition form 2172 only from a voter or, if directly instructed by the voter, a 2173 member of the voters immediate family or the voters legal 2174 guardian. A request may be made in person, in writing, by 2175 telephone, or through the supervisors website. The supervisor 2176 shall cancel a request for a petition form when any first-class 2177 mail or nonforwardable mail sent by the supervisor to the voter 2178 is returned as undeliverable. If the voter requests a petition 2179 form thereafter, the voter must provide or confirm his or her 2180 current residential address. 2181 (b)The supervisor may accept a request for a petition form 2182 to be mailed to a voters address on file in the Florida Voter 2183 Registration System from the voter, or, if directly instructed 2184 by the voter, from a member of the voters immediate family or 2185 the voters legal guardian. If an in-person or a telephonic 2186 request is made, the voter must provide the voters Florida 2187 driver license number, the voters Florida identification card 2188 number, or the last 4 digits of the voters social security 2189 number. If the petition form is requested to be mailed to an 2190 address other than the voters address on file in the Florida 2191 Voter Registration System, the request must be made in writing. 2192 A written request must be signed by the voter and include the 2193 voters Florida driver license number, the voters Florida 2194 identification card number, or the last 4 digits of the voters 2195 social security number. The division shall create a uniform 2196 application to request a candidate or initiative petition form. 2197 The application must solicit and require the following 2198 information: 2199 1.The full name of the voter for whom the petition form is 2200 requested; 2201 2.The voters residential address and county and the 2202 voters mailing address if different than the voters 2203 residential address; 2204 3.The voters voter registration number or date of birth; 2205 4.The voters Florida driver license number, the voters 2206 Florida identification card number, or last 4 digits of the 2207 voters social security number; 2208 5.The requesters name, if applicable; 2209 6.The requesters residential address, if applicable; 2210 7.The requesters Florida driver license number, the 2211 requesters Florida identification card number, or the last 4 2212 digits of the requesters social security number, if applicable; 2213 8.The requesters relationship to the voter, if 2214 applicable; 2215 9.An affidavit stating that the requester is authorized by 2216 the voter to request a petition form on the voters behalf, if 2217 applicable; 2218 10.The voters signature and the date signed or the 2219 requesters signature and the date signed; and 2220 11.If the petition form requested is for an initiative 2221 petition, the ballot title and initiative petition number 2222 assigned by the division. 2223 (c)For the purposes of this section, the term immediate 2224 family refers to the following, as applicable: 2225 1.The voters spouse, parent, child, grandparent, 2226 grandchild, or sibling, or the parent, child, grandparent, 2227 grandchild, or sibling of the voters spouse. 2228 2.The designees spouse, parent, child, grandparent, 2229 grandchild, or sibling, or the parent, child, grandparent, 2230 grandchild, or sibling of the designees spouse. 2231 (3)PETITION FORM REQUEST INFORMATION.For each request for 2232 a petition form received, the supervisor shall record the 2233 following information and provide such information in an 2234 electronic format as required by division rule: 2235 (a)The date the request was made; 2236 (b)The initiative petition number, if any; 2237 (c)The identity of the voters designee making the 2238 request, if applicable; 2239 (d)The voters Florida driver license number, voters 2240 Florida identification card number, or last 4 digits of the 2241 voters social security number provided with a written request; 2242 (e)The date the petition form was delivered to the voter 2243 or the voters designee or the date the petition form was 2244 delivered to the post office or other carrier; 2245 (f)The address to which the petition form was mailed or 2246 the identity of the voters designee to whom the petition form 2247 was delivered, if applicable; 2248 (g)The date the petition form was received by the 2249 supervisor; 2250 (h)The absence of the voters signature and the Voters 2251 Certificate, if applicable; 2252 (i)Whether the Voters Certificate contains a signature 2253 that does not match a signature on file for the voter in the 2254 Florida Voter Registration System; and 2255 (j)Any other information the supervisor deems necessary. 2256 (4)DELIVERY OF PETITION FORMS. 2257 (a)For the purposes of this section, the term petition 2258 deadline means: 2259 1.In the case of an initiative petition, the 30th day 2260 preceding February 1 of the year the general election is held. 2261 2.In the case of a candidate petition, the 28th day 2262 preceding the first day of the qualifying period for the office 2263 sought. 2264 (b)The supervisor shall mail petition forms within 5 2265 business days after receiving a request for such forms. However, 2266 the supervisor shall mail petition forms that are requested 2267 pursuant to this section on or before July 1, 2025, and no later 2268 than July 5, 2025. 2269 (c)The deadline to submit a request for a petition form to 2270 be mailed is 5 p.m. local time on the 10th day before the 2271 petition deadline. 2272 (d)Upon request for a petition form, the supervisor shall 2273 provide a petition form to each voter who has made a request for 2274 such petition form, by one of the following means: 2275 1.By nonforwardable, return-if-undeliverable mail to the 2276 voters current mailing address on file with the supervisor or 2277 any other address the voter specifies in the request. The 2278 envelopes must be prominently marked Do Not Forward. 2279 2.By personal delivery to the voter up to 5 p.m. on the 2280 third day before the petition deadline upon presentation of the 2281 identification required by s. 101.043. 2282 3.By delivery to the voters designee up to 5 p.m. on the 2283 third day before the petition deadline. Any voter may designate 2284 in writing a person to pick up the petition form for the voter; 2285 however, the person designated may not pick up more than 2 2286 petition forms per petition, other than the designees own 2287 petition form, except that additional petition forms may be 2288 picked up for members of the designees immediate family. The 2289 designee shall provide to the supervisor the written 2290 authorization by the voter, the designees picture 2291 identification and a completed affidavit. The designee shall 2292 state in the affidavit that the designee is authorized by the 2293 voter to pick up the petition form and must indicate if the 2294 voter is a member of the designees immediate family, and, if 2295 so, the relationship. The department shall prescribe the form of 2296 the affidavit. If the supervisor is satisfied that the designee 2297 is authorized to pick up the petition form and that the 2298 signature of the voter on the written authorization matches the 2299 signature of the voter on file, the supervisor must give the 2300 petition form to the designee for delivery to the voter. 2301 (e)If a requested petition form is mailed to an address 2302 other than the voters address on file in the Florida Voter 2303 Registration System or delivered to a designee, the supervisor 2304 must mail a notice letter to the voters address on file with 2305 the Florida Voter Registration System. 2306 (5)MATERIALS.Only the materials necessary to submit a 2307 petition form may be mailed or delivered with any petition form. 2308 (6)PROHIBITION.A supervisor may not send a petition form 2309 to a voter unless the voter has requested a petition form in the 2310 manner authorized under this section. 2311 (7)MAILING ENVELOPE. 2312 (a)The supervisor shall enclose with each petition form a 2313 mailing envelope that must be addressed to the supervisor and 2314 also bear on the back side a certificate in substantially the 2315 following form: 2316 2317 Note: Please Read Instructions Carefully Before 2318 Completing Petition Form and Completing Voters Certificate. 2319 2320 VOTERS CERTIFICATE 2321 I, ...., do solemnly swear or affirm that I am a qualified 2322 and registered voter of .... County, Florida, and that I have 2323 not and will not submit more than one petition form for this 2324 initiative. I understand that if I commit or attempt to commit 2325 any fraud in connection with a petition, submit a fraudulent 2326 petition form, or submit more than one petition form for the 2327 same initiative, I can be convicted of a misdemeanor of the 2328 first degree and fined up to $1,000 and/or imprisoned for up to 2329 a year. I also understand that failure to sign this certificate 2330 will invalidate my petition form. 2331 ...(Date)... 2332 ...(Voters Signature)... 2333 ...(E-Mail Address)... 2334 ...(Home Telephone Number)... 2335 ...(Mobile Telephone Number)... 2336 2337 (b)Each return mailing envelope must bear the voters name 2338 and any encoded mark used by the supervisors office. 2339 (c)A mailing envelope may not bear any indication of the 2340 political affiliation of a voter. 2341 (8)PLACEMENT OF THE VOTERS CERTIFICATE.The certificate 2342 must be arranged on the back of the mailing envelope so that the 2343 line for the signature of the voter is across the seal of the 2344 envelope; however, no statement shall appear on the envelope 2345 which indicates that a signature of the voter must cross the 2346 seal of the envelope. The voter shall execute the certificate on 2347 the envelope. 2348 (9)INSTRUCTIONS.The supervisor shall enclose with each 2349 petition form separate printed instructions in substantially the 2350 following form; however, where the instructions appear in 2351 capitalized text, the text of the printed instructions must be 2352 in boldface type: 2353 2354 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING 2355 PETITION FORM. 2356 2357 1.VERY IMPORTANT. In order to ensure that your petition 2358 form will be counted, it should be completed and returned as 2359 soon as possible so that it can reach the supervisor of 2360 elections of your county of residence no later than 5 p.m. on 2361 [INSERT PETITION DEADLINE]. 2362 2.Place your completed petition form into the enclosed 2363 mailing envelope, which is addressed to the supervisor. 2364 3.Seal the mailing envelope and completely fill out the 2365 Voters Certificate on the back of the mailing envelope. 2366 4.VERY IMPORTANT. In order for your petition form to be 2367 counted, you must sign your name on the line above (Voters 2368 Signature). A petition form will not be counted if the signature 2369 on the petition form does not match the signature on record. The 2370 signature on file at the time the supervisor of elections in 2371 your county of residence receives your petition form is the 2372 signature that will be used to verify your signature on the 2373 Voters Certificate. If you need to update your signature for 2374 this election, send your signature update on a voter 2375 registration application to your supervisor of elections so that 2376 it is received before your petition form is received. 2377 5.Mail, deliver, or have delivered the completed mailing 2378 envelope. Be sure there is sufficient postage if mailed. THE 2379 COMPLETED MAILING ENVELOPE MUST BE DELIVERED TO THE OFFICE OF 2380 THE SUPERVISOR OF ELECTIONS OF YOUR COUNTY OF RESIDENCE. 2381 6.FELONY NOTICE. It is a felony under Florida law to 2382 accept any gift, payment, or gratuity in exchange for your 2383 submission of a petition form. It is also a felony under Florida 2384 law to submit a petition form using a false identity or false 2385 address, or under any other circumstances making your petition 2386 form false or fraudulent. 2387 7.DEADLINE NOTICE. To ensure that your petition form 2388 counts, your supervisor of elections must receive your petition 2389 form by 5 p.m. [INSERT PETITION DEADLINE]. If you wait to mail 2390 your petition form, it might not count. To prevent this from 2391 occurring, please mail or turn in your petition form as soon as 2392 possible. 2393 2394 (10)REQUEST NOT TO PRECLUDE SUBMISSION OF A CIRCULATED 2395 PETITION FORM.The provisions of this chapter may not be 2396 construed to prohibit a voter who has requested a petition form 2397 pursuant to this section from submitting a circulated petition 2398 form pursuant to s. 100.373, provided that the voter submits no 2399 more than one signed petition form for the same initiative or 2400 candidate petition. 2401 (11)ACCOMMODATION OF DISABILITIES.It is the intent of the 2402 Legislature that submitting petition forms be by methods that 2403 are fully accessible to all voters, including voters having a 2404 disability. The department shall work with the supervisors and 2405 the disability community to develop and implement procedures and 2406 technologies that include processes for providing petition 2407 forms, upon request, in alternative formats that allow all 2408 voters to submit a petition form without the assistance of 2409 another person. 2410 (12)VERIFICATION.A requested petition form is valid only 2411 if the supervisor verifies that: 2412 (a)The petition form was returned in a mailing envelope 2413 delivered by the supervisor pursuant to subsection (7) and the 2414 voter completed the voter certificate; 2415 (b)The signature on the petition form matches a signature 2416 on file for the voter in the Florida Voter Registration System; 2417 (c)The voter accurately recorded on the form the date on 2418 which the voter signed the form; 2419 (d)The form accurately sets forth the voters name, 2420 address, city, county, and voter registration number or date of 2421 birth; 2422 (e)The form accurately sets forth the voters Florida 2423 driver license number, the voters Florida identification card 2424 number, or the last 4 digits of the voters social security 2425 number; and 2426 (f)The voter is, at the time he or she signs the form and 2427 at the time the form is verified, an active and duly qualified 2428 and registered voter in this state. 2429 (13)POSTHUMOUS VERIFICATION.An otherwise valid petition 2430 form may not be invalidated because the voter died after 2431 submitting the petition. 2432 Section 31.Effective upon becoming a law, section 100.377, 2433 Florida Statutes, is created to read: 2434 100.377Signatures gathered for initiative petition; effect 2435 of this act.Any initiative petition form approved by the 2436 Secretary of State before the effective date of this act may 2437 continue to be circulated. Any signature gathered on an 2438 authorized form for an initiative petition or candidate petition 2439 submitted to a supervisor of elections before the effective date 2440 of this act may be kept and counted, if otherwise valid, and 2441 that form is not required to be circulated and verified pursuant 2442 to s. 100.373 or requested and verified pursuant to s. 100.375. 2443 However, any signature submitted to a supervisor of elections 2444 after the effective date of this act is subject to the 2445 provisions of this act. 2446 Section 32.Subsection (1) of section 101.043, Florida 2447 Statutes, is amended to read: 2448 101.043Identification required at polls. 2449 (1)(a)The precinct register, as prescribed in s. 98.461, 2450 must shall be used at the polls for the purpose of identifying 2451 the elector at the polls before allowing him or her to vote. The 2452 clerk or inspector shall require each elector, upon entering the 2453 polling place, to present one of the following current and valid 2454 picture identifications: 2455 1.Florida driver license. 2456 2.Florida identification card issued by the Department of 2457 Highway Safety and Motor Vehicles. 2458 3.United States passport or passport card. 2459 4.Debit or credit card. 2460 5.United States uniformed services or Merchant Marine 2461 Military identification. 2462 6.Student identification. 2463 7.Retirement center identification. 2464 8.Neighborhood association identification. 2465 9.Public assistance identification. 2466 5.10.Veteran health identification card issued by the 2467 United States Department of Veterans Affairs. 2468 6.11.A license to carry a concealed weapon or firearm 2469 issued pursuant to s. 790.06. 2470 7.12.Any other Employee identification card issued by any 2471 branch, department, agency, or entity of the Federal Government, 2472 the state, a county, or a municipality. 2473 (b)If the picture identification does not contain the 2474 signature of the elector, an additional identification that 2475 provides the electors signature is shall be required. The 2476 address appearing on the identification presented by the elector 2477 may not be used as the basis to challenge an electors legal 2478 residence. The elector must shall sign his or her name in the 2479 space provided on the precinct register or on an electronic 2480 device provided for recording the electors signature. The clerk 2481 or inspector shall compare the signature with that on the 2482 identification provided by the elector and enter his or her 2483 initials in the space provided on the precinct register or on an 2484 electronic device provided for that purpose and allow the 2485 elector to vote if the clerk or inspector is satisfied as to the 2486 identity of the elector. 2487 Section 33.Paragraph (d) of subsection (6) of section 2488 101.048, Florida Statutes, is amended to read: 2489 101.048Provisional ballots. 2490 (6) 2491 (d)Instructions must accompany the cure affidavit in 2492 substantially the following form: 2493 2494 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 2495 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 2496 BALLOT NOT TO COUNT. 2497 2498 1.In order to cure the missing signature or the signature 2499 discrepancy on your Provisional Ballot Voters Certificate and 2500 Affirmation, your affidavit should be completed and returned as 2501 soon as possible so that it can reach the supervisor of 2502 elections of the county in which your precinct is located no 2503 later than 5 p.m. on the 2nd day after the election. 2504 2.You must sign your name on the line above (Voters 2505 Signature). 2506 3.You must make a copy of one of the following forms of 2507 identification: 2508 a.Tier 1 identification.Current and valid identification 2509 that includes your name and photograph: Florida driver license; 2510 Florida identification card issued by the Department of Highway 2511 Safety and Motor Vehicles; United States passport or passport 2512 card; debit or credit card; United States Uniformed Services or 2513 Merchant Marine military identification; student identification; 2514 retirement center identification; neighborhood association 2515 identification; public assistance identification; veteran health 2516 identification card issued by the United States Department of 2517 Veterans Affairs; Florida license to carry a concealed weapon or 2518 firearm; or any other employee identification card issued by any 2519 branch, department, agency, or entity of the Federal Government, 2520 the state, a county, or a municipality; or 2521 b.Tier 2 identification.ONLY IF YOU DO NOT HAVE A TIER 1 2522 FORM OF IDENTIFICATION, identification that shows your name and 2523 current residence address: current utility bill; bank statement; 2524 government check; paycheck; or government document (excluding 2525 voter information card). 2526 4.Place the envelope bearing the affidavit into a mailing 2527 envelope addressed to the supervisor. Insert a copy of your 2528 identification in the mailing envelope. Mail (if time permits), 2529 deliver, or have delivered the completed affidavit along with 2530 the copy of your identification to your county supervisor of 2531 elections. Be sure there is sufficient postage if mailed and 2532 that the supervisors address is correct. Remember, your 2533 information MUST reach your county supervisor of elections no 2534 later than 5 p.m. on the 2nd day following the election or your 2535 ballot will not count. 2536 5.Alternatively, you may fax or e-mail your completed 2537 affidavit and a copy of your identification to the supervisor of 2538 elections. If e-mailing, please provide these documents as 2539 attachments. 2540 6.Submitting a provisional ballot affidavit does not 2541 establish your eligibility to vote in this election or guarantee 2542 that your ballot will be counted. The county canvassing board 2543 determines your eligibility to vote through information provided 2544 on the Provisional Ballot Voters Certificate and Affirmation, 2545 written evidence provided by you, including information in your 2546 cure affidavit along with any supporting identification, and any 2547 other evidence presented by the supervisor of elections or a 2548 challenger. You may still be required to present additional 2549 written evidence to support your eligibility to vote. 2550 Section 34.Section 101.111, Florida Statutes, is amended 2551 to read: 2552 101.111Voter challenges. 2553 (1)(a)Any registered voter elector or poll watcher of a 2554 county or an election official acting in their official capacity 2555 in the county may challenge at the polls or during early voting 2556 the right of a person to vote in that county. A separate oath is 2557 required for each challenge. The challenge must be in writing 2558 and contain the following oath, which must shall be delivered to 2559 the clerk or inspector: 2560 2561 OATH OF PERSON ENTERING CHALLENGE 2562 2563 State of Florida 2564 County of .... 2565 2566 I do solemnly swear or affirm that my name is ....; that I am a 2567 member of the .... Party; that I am a registered voter or poll 2568 watcher pollwatcher; that my residence address is ...., in the 2569 municipality of ....; and that I have reason to believe that 2570 .... is attempting to vote illegally and the reasons for my 2571 belief are set forth herein to wit: 2572 ................................................................ 2573 ................................................................ 2574 ...(Signature of person challenging voter)... 2575 ...(oath executed as a registered voter or poll watcher)... 2576 2577 Sworn and subscribed to before me this .... day of ...., 2578 ...(year).... 2579 ...(Clerk of election)... 2580 2581 OATH OF ELECTION OFFICIAL 2582 ASSERTING INELIGIBILITY OF VOTER 2583 2584 State of Florida 2585 County of .... 2586 2587 I do solemnly swear or affirm that my name is ....; that I am in 2588 my official capacity as an election official asserting based on 2589 credible and reliable information that ...the voter... is 2590 attempting to vote illegally and the reasons for my belief are 2591 set forth herein to wit:  2592 ................................................................ 2593 ................................................................ 2594 ...(Signature of election official challenging voter)... 2595 2596 Sworn and subscribed to before me this .... day of ...., 2597 ...(year).... 2598 ...(Signature and title of official administering oath)... 2599 2600 (b)1.If the challenge is made at the countys early voting 2601 site or at the polling place on election day, the oath must be 2602 delivered to the clerk or inspector. The clerk or inspector 2603 shall immediately deliver to the challenged person a copy of the 2604 oath of the person entering the challenge, and the challenged 2605 voter must shall be allowed to cast a provisional ballot in 2606 accordance with s. 101.048, except as provided in subparagraph 2607 2. 2608 2.If the basis for the challenge is that the persons 2609 legal residence is not in that precinct, the person shall first 2610 be given the opportunity to execute a change of legal residence 2611 in order to be able to vote a regular ballot in accordance with 2612 s. 101.045(2). If the change of legal residence is such that the 2613 person is then properly registered for that precinct, the person 2614 shall be allowed to vote a regular ballot. If the change of 2615 legal residence places the person in another precinct, the 2616 person shall be directed to the proper precinct to vote. If such 2617 person insists that he or she is currently in the proper 2618 precinct, the person shall be allowed to vote a provisional 2619 ballot in accordance with s. 101.048. 2620 (c)Alternatively, A challenge may be made in advance in 2621 accordance with this section may be filed in advance with the 2622 supervisor of elections but no sooner than 45 30 days before an 2623 election and not at the early voting site during the early 2624 voting period or polling place on election day. 2625 1.The oath must be delivered to the supervisors office. 2626 The supervisors office shall, as soon as practicable, notify a 2627 challenged voter by: 2628 a.First-class mail with a copy of the written challenge, 2629 and notice of rights pursuant to s. 101.048; 2630 b.E-mail, if available in the record, with a scanned copy 2631 of the written challenge and notice of rights pursuant to s. 2632 101.048; or 2633 c.By call or text message, if phone number is available in 2634 the record, with instructions on how to obtain a copy of the 2635 written challenge and notice of rights pursuant to s. 101.048. 2636 2.The supervisor shall also promptly provide the election 2637 board at the early voting site or in the challenged voters 2638 precinct with a copy of the oath of the person entering the 2639 challenge in the event the voter appears in person to vote in 2640 lieu of voting by mail. The challenged voter must shall be 2641 allowed to cast a provisional ballot in accordance with s. 2642 101.048, subject to the provisions of subparagraph (b)2. 2643 (2)In the event the challenged voter has requested a vote 2644 by-mail ballot or has returned a voted ballot which has not been 2645 yet counted, the supervisor shall canvass the returned ballot as 2646 a provisional ballot. 2647 (3)If the basis for the challenge is that the persons 2648 legal residence is not in that precinct, the person must first 2649 be given the opportunity to execute a change of legal residence 2650 in order to be able to vote a regular ballot in accordance with 2651 s. 101.045(2). If the change of legal residence is such that the 2652 person is then properly registered for that precinct, the person 2653 must be allowed to vote a regular ballot. If the change of legal 2654 residence places the person in another precinct, the person must 2655 be directed to the proper precinct to vote. If such person 2656 insists that he or she is currently in the proper precinct, the 2657 person must be allowed to vote a provisional ballot in 2658 accordance with s. 101.048. 2659 (4)Any elector or poll watcher filing a frivolous 2660 challenge of any persons right to vote commits a misdemeanor of 2661 the first degree, punishable as provided in s. 775.082 or s. 2662 775.083; however, electors or poll watchers shall not be subject 2663 to liability for any action taken in good faith and in 2664 furtherance of any activity or duty permitted of such electors 2665 or poll watchers by law. Each instance where any elector or poll 2666 watcher files a frivolous challenge of any persons right to 2667 vote constitutes a separate offense. 2668 Section 35.Section 101.131, Florida Statutes, is amended 2669 to read: 2670 101.131Watchers at polls. 2671 (1)Each political party and each candidate may have one 2672 poll watcher in each polling room or early voting area at any 2673 one time during the election. A political committee formed for 2674 the specific purpose of expressly advocating the passage or 2675 defeat of an issue on the ballot may have one poll watcher for 2676 each polling room or early voting area at any one time during 2677 the election. 2678 (2)(a)Each poll watcher must be a qualified and registered 2679 voter of the county in which he or she serves. A poll watcher 2680 must complete a minimum 2-hour training program provided by the 2681 department. 2682 (b)The department shall make available a 2-hour training 2683 program for poll watchers designated pursuant to this section. 2684 (3)(a)A poll watcher appointed for service must be allowed 2685 to observe and report on irregularities in the conduct of an 2686 election, but may not interfere in the orderly conduct of 2687 elections. Such poll watchers must be allowed to enter and watch 2688 polls in all polling rooms and early voting sites within the 2689 county in which they have been designated as long as the number 2690 of poll watchers at any particular polling place does not exceed 2691 the number provided in this subsection. 2692 (b)A No watcher may not shall be permitted to come closer 2693 to the officials table or the voting booths than is reasonably 2694 necessary to properly perform his or her functions, but each 2695 must shall be allowed within the polling room or early voting 2696 area to watch and observe the conduct of voters electors and 2697 officials. The poll watchers must shall furnish their own 2698 materials and necessities and may shall not obstruct the orderly 2699 conduct of any election. The poll watchers may shall pose any 2700 questions regarding polling place procedures directly to the 2701 clerk for resolution. They may not interact with voters or 2702 otherwise disrupt the voting process. Each poll watcher must 2703 shall be a qualified and registered voter elector of the county 2704 in which he or she serves. 2705 (4)(a)(2)Each party, each political committee, and each 2706 candidate requesting to have poll watchers shall designate, in 2707 writing to the supervisors of elections, on a form prescribed by 2708 the division, before noon of the second Tuesday preceding the 2709 election poll watchers for each polling room on election day. 2710 The form must, at a minimum, elicit the date of election; 2711 whether service is for early voting or election day; the 2712 designated persons voter information card number, name, and 2713 phone number; that the person is a qualified registered voter in 2714 the county of service; the party, the political committee, or 2715 candidate for whom the person is serving as a designated poll 2716 water; that the person has taken the required training program; 2717 and that the person has accepted to serve as a poll watcher, if 2718 approved. 2719 (b)Designations of poll watchers for early voting areas 2720 must shall be submitted in writing to the supervisor of 2721 elections, on a form prescribed by the division, before noon at 2722 least 14 days before early voting begins. The poll watchers for 2723 polling rooms must shall be approved by the supervisor of 2724 elections on or before the Tuesday before the election. Poll 2725 watchers for early voting areas must shall be approved by the 2726 supervisor of elections no later than 7 days before early voting 2727 begins. 2728 (c)The supervisor shall furnish to each election board a 2729 list of the poll watchers designated and approved for such 2730 polling rooms or early voting areas. 2731 (d)Designation of poll watchers must shall be made by the 2732 chair of the county executive committee of a political party, 2733 the chair of a political committee, or the candidate requesting 2734 to have poll watchers. 2735 (5)(3)No candidate or sheriff, deputy sheriff, police 2736 officer, or other law enforcement officer may be designated as a 2737 poll watcher. 2738 (6)(4)All poll watchers must shall be allowed to enter and 2739 watch polls in all polling rooms and early voting areas within 2740 the county in which they have been designated if the number of 2741 poll watchers at any particular polling place does not exceed 2742 the number provided in this section. 2743 (7)(a)(5)The supervisor of elections shall provide to each 2744 designated poll watcher an identification badge which identifies 2745 the poll watcher as such and includes only the poll watchers by 2746 name, and the candidate, political committee, or political party 2747 that the poll watcher represents. 2748 (b)Each poll watcher must wear his or her identification 2749 badge while performing his or her duties. 2750 (8)The department may adopt rules to administer this 2751 section. 2752 Section 36.Section 101.151, Florida Statutes, is amended 2753 to read: 2754 101.151Specifications for ballots. 2755 (1)BALLOT PRINT. 2756 (a)Marksense Ballots must shall be printed on paper of 2757 such thickness that the printing cannot be distinguished from 2758 the back and must shall meet the specifications of the voting 2759 system that will be used to tabulate the ballots. 2760 (b)Polling places and early voting sites may employ a 2761 ballot-on-demand production system to print individual marksense 2762 ballots, including provisional ballots, for eligible electors. 2763 Ballot-on-demand technology may be used to produce marksense 2764 vote-by-mail, early voting, and election-day ballots. 2765 (2)OFFICE TITLES. 2766 (a)The ballot must include the following office titles 2767 above the names of the candidates for the respective offices in 2768 the following order: 2769 1.The office titles of President and Vice President above 2770 the names of the candidates for President and Vice President of 2771 the United States nominated by the political party that received 2772 the highest vote for Governor in the last general election of 2773 the Governor in this state, followed by the names of other 2774 candidates for President and Vice President of the United States 2775 who have been properly nominated. In a presidential preference 2776 primary only, the office title of President may be placed above 2777 the list of presidential candidate names for such office. 2778 2.The office titles of United States Senator and 2779 Representative in Congress. 2780 3.The office titles of Governor and Lieutenant Governor; 2781 Attorney General; Chief Financial Officer; Commissioner of 2782 Agriculture; State Attorney, with the applicable judicial 2783 circuit; and Public Defender, with the applicable judicial 2784 circuit. 2785 4.The office titles of State Senator and State 2786 Representative, with the applicable district for the office 2787 printed beneath. 2788 5.The office titles of Clerk of the Circuit Court or, when 2789 the Clerk of the Circuit Court also serves as the County 2790 Comptroller, Clerk of the Circuit Court and Comptroller, when 2791 authorized by law; Clerk of the County Court, when authorized by 2792 law; Sheriff; Property Appraiser; Tax Collector; District 2793 Superintendent of Schools; and Supervisor of Elections. 2794 6.The office titles of Board of County Commissioners, with 2795 the applicable district printed beneath each office, and such 2796 other county and district offices as are involved in the 2797 election, in the order fixed by the Department of State, 2798 followed, in the year of their election, by Party Offices, and 2799 thereunder the offices of state and county party executive 2800 committee members. 2801 (b)In a general election, in addition to the names printed 2802 on the ballot, a blank space must shall be provided under each 2803 office for which a write-in candidate has qualified. With 2804 respect to write-in candidates, if two or more candidates are 2805 seeking election to one office, only one blank space will shall 2806 be provided. 2807 (c)When more than one candidate is nominated for office, 2808 the candidates for such office must shall qualify and run in a 2809 group or district, and the group or district number must shall 2810 be printed beneath the name of the office. Each nominee of a 2811 political party chosen in a primary must shall appear on the 2812 general election ballot in the same numbered group or district 2813 as on the primary election ballot. 2814 (d)If in any election all the offices as set forth in 2815 paragraph (a) are not involved, those offices not to be filled 2816 must shall be omitted and the remaining offices must shall be 2817 arranged on the ballot in the order named. 2818 (3)PRIMARY ELECTION BALLOT ORDER. 2819 (a)The names of the candidates of the party that received 2820 the highest number of votes for Governor in the last election in 2821 which a Governor was elected shall be placed first for each 2822 office on the general election ballot, together with an 2823 appropriate abbreviation of the party name; the names of the 2824 candidates of the party that received the second highest vote 2825 for Governor shall be placed second for each office, together 2826 with an appropriate abbreviation of the party name. 2827 (b)Minor political party candidates shall have their names 2828 appear on the general election ballot following the names of 2829 recognized political parties, in the same order as they were 2830 qualified, followed by the names of candidates with no party 2831 affiliation, in the order as they were qualified. 2832 (4)(a)The names of candidates for each office must shall 2833 be arranged alphabetically as to surnames on a primary election 2834 ballot. 2835 (b)When two or more candidates running for the same office 2836 on an election ballot have the same or a similar surname, the 2837 word incumbent must appear next to the incumbents name. In a 2838 primary election only, the office title of Governor may be 2839 placed above the names of the candidates for such office 2840 regardless of whether the candidate for Governor has designated 2841 a Lieutenant Governor as a running mate before the deadline 2842 pursuant to s. 99.063. 2843 (4)GENERAL ELECTION BALLOT ORDER. 2844 (a)The names of the candidates of the party that received 2845 the highest number of votes for Governor in the last election in 2846 which a Governor was elected must be placed first for each 2847 office on the general election ballot, together with an 2848 appropriate abbreviation of the party name; the names of the 2849 candidates of the party that received the second highest vote 2850 for Governor must be placed second for each office, together 2851 with an appropriate abbreviation of the party name. 2852 (b)The names of minor political party candidates must 2853 appear on the general election ballot following the names of 2854 recognized political parties, in the same order as they were 2855 qualified, followed by the names of candidates with no party 2856 affiliation, in the order they were qualified 2857 (5)The primary election ballot shall be arranged so that 2858 the offices of Governor and Lieutenant Governor are joined in a 2859 single voting space to allow each elector to cast a single vote 2860 for the joint candidacies for Governor and Lieutenant Governor, 2861 if applicable. 2862 (c)(6)The general election ballot must shall be arranged 2863 so that the offices of President and Vice President are joined 2864 in a single voting space to allow each elector to cast a single 2865 vote for the joint candidacies for President and Vice President 2866 and so that the offices of Governor and Lieutenant Governor are 2867 joined in a single voting space to allow each elector to cast a 2868 single vote for the joint candidacies for Governor and 2869 Lieutenant Governor. 2870 (d)(7)Except for justices or judges seeking retention, the 2871 names of unopposed candidates may shall not appear on the 2872 general election ballot. Each unopposed candidate shall be 2873 deemed to have voted for himself or herself. 2874 (5)(8)LANGUAGE.In counties subject to multi-language 2875 ballot requirements, the supervisor may petition the United 2876 States Department of Justice for authorization for the 2877 supervisor to print and deliver single-language ballots for each 2878 minority language required. 2879 (6)(9)RULEMAKING. 2880 (a)The Department of State shall adopt rules prescribing a 2881 uniform primary and general election ballot for each certified 2882 voting system. The rules must shall incorporate the requirements 2883 set forth in this section and shall prescribe additional matters 2884 and forms that include, without limitation: 2885 1.The ballot title followed by clear and unambiguous 2886 ballot instructions and directions limited to a single location 2887 on the ballot, either: 2888 a.Centered across the top of the ballot; or 2889 b.In the leftmost column, with no individual races in that 2890 column unless it is the only column on the ballot; 2891 2.Individual race layout; and 2892 3.Overall ballot layout. 2893 (b)The rules must graphically depict a sample uniform 2894 primary and general election ballot form for each certified 2895 voting system. 2896 Section 37.Effective upon becoming a law, subsection (1) 2897 of section 101.161, Florida Statutes, is amended to read: 2898 101.161Referenda; ballots. 2899 (1)A constitutional amendment proposed by initiative must 2900 define all terms of art and describe all newly created rights, 2901 requirements, prohibitions, and authorizations. Whenever a 2902 constitutional amendment or other public measure is submitted to 2903 the vote of the people, a ballot summary of such amendment or 2904 other public measure shall be printed in clear and unambiguous 2905 language on the ballot after the list of candidates, followed by 2906 the word yes and also by the word no, and shall be styled in 2907 such a manner that a yes vote will indicate approval of the 2908 proposal and a no vote will indicate rejection. The ballot 2909 summary of the amendment or other public measure and the ballot 2910 title to appear on the ballot shall be embodied in the 2911 constitutional revision commission proposal, constitutional 2912 convention proposal, taxation and budget reform commission 2913 proposal, or enabling resolution or ordinance. The ballot 2914 summary of the amendment or other public measure shall be an 2915 explanatory statement, not exceeding 75 words in length, of the 2916 chief purpose of the measure. In addition, for every 2917 constitutional amendment proposed by initiative, the ballot 2918 shall include, following the ballot summary, in the following 2919 order: 2920 (a)A disclosure prepared by the Attorney General 2921 describing the material legal effects of the proposed amendment 2922 and identifying each provision of the State Constitution and 2923 Florida Statutes which may be repealed in full or in part. 2924 (b)A separate financial impact statement concerning the 2925 measure prepared by a panel composed of Trustees of the State 2926 Board of Administration or their appointees the Financial Impact 2927 Estimating Conference in accordance with s. 100.371(8) s. 2928 100.371(13). 2929 (c)(b)If the financial impact statement projects a net 2930 negative impact on the state budget, the following statement in 2931 bold print: 2932 2933 THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO 2934 HAVE A NET NEGATIVE IMPACT ON THE STATE BUDGET. THIS 2935 IMPACT MAY RESULT IN HIGHER TAXES OR A LOSS OF 2936 GOVERNMENT SERVICES IN ORDER TO MAINTAIN A BALANCED 2937 STATE BUDGET AS REQUIRED BY THE CONSTITUTION. 2938 2939 (d)1.(c)1.If the financial impact statement projects a net 2940 positive impact on the state budget resulting in whole or in 2941 part from additional tax revenue, the following statement in 2942 bold print: 2943 2944 THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO 2945 HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET. THIS 2946 IMPACT MAY RESULT IN GENERATING ADDITIONAL REVENUE OR 2947 AN INCREASE IN GOVERNMENT SERVICES. 2948 2949 2.If the financial impact statement projects a net 2950 positive impact on the state budget for reasons other than those 2951 specified in subparagraph 1., the following statement in bold 2952 print: 2953 2954 THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO 2955 HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET. THIS 2956 IMPACT MAY RESULT IN LOWER TAXES OR AN INCREASE IN 2957 GOVERNMENT SERVICES. 2958 2959 (e)(d)If the financial impact statement is indeterminate 2960 or the members of the panel Financial Impact Estimating 2961 Conference are unable to agree on the financial impact 2962 statement, the following statement in bold print: 2963 2964 THE FINANCIAL IMPACT OF THIS AMENDMENT CANNOT BE 2965 DETERMINED DUE TO AMBIGUITIES AND UNCERTAINTIES 2966 SURROUNDING THE AMENDMENTS IMPACT. 2967 2968 The ballot title shall consist of a caption, not exceeding 15 2969 words in length, by which the measure is commonly referred to or 2970 spoken of. This subsection does not apply to constitutional 2971 amendments or revisions proposed by joint resolution. 2972 Section 38.Section 101.20, Florida Statutes, is amended to 2973 read: 2974 101.20Publication of ballot form; sample ballots. 2975 (1)Two sample ballots shall be furnished to each polling 2976 place by the officer whose duty it is to provide official 2977 ballots. The sample ballots shall be in the form of the official 2978 ballot as it will appear at that polling place on election day. 2979 Sample ballots shall be open to inspection by all electors in 2980 any election, and a sufficient number of reduced-size ballots 2981 may be furnished to election officials so that one may be given 2982 to any elector desiring same. 2983 (2)(a)Upon completion of the list of qualified candidates, 2984 a Sample ballots must ballot shall be published by the 2985 supervisor in a newspaper of general circulation in the county, 2986 through the supervisors website, or on the countys website as 2987 provided in s. 50.0311. Such newspaper or online publication 2988 must occur no later than 7 days before the start of early voting 2989 as scheduled for an election in the county before the day of 2990 election. 2991 (b)In lieu of the publication required under paragraph 2992 (a), a supervisor may send a sample ballot to each registered 2993 voter no later than 7 days before the start of early voting as 2994 scheduled for an election in the county. 2995 1.If an e-mail address is on file, the sample ballot may 2996 be e-mailed or provided by other elector by e-mail at least 7 2997 days before an election if an e-mail address has been provided 2998 and the elector has opted to receive a sample ballot by 2999 electronic delivery. 3000 2.If an e-mail address is not on file has not been 3001 provided, or if the voter elector has not opted for electronic 3002 delivery, a sample ballot may be mailed to each registered voter 3003 elector or to each household in which there is a registered 3004 voter no later than elector at least 7 days before the start of 3005 early voting as scheduled for an election in the county. 3006 (2)Sample ballots must be available in each polling place 3007 for voters to inspect, either as a display or upon request. 3008 (3)A sample ballot may be in the format of an official 3009 ballot but must be watermarked with the word SAMPLE or 3010 otherwise indicate that it is a sample ballot. 3011 Section 39.Subsection (1) of section 101.252, Florida 3012 Statutes, is amended to read: 3013 101.252Candidates entitled to have names printed on 3014 certain ballots; exception. 3015 (1)Any candidate for nomination who has qualified as 3016 prescribed by law is entitled to have his or her name printed on 3017 the official primary election ballot. However, when there is 3018 only one candidate of any political party qualified for an 3019 office, the name of the candidate may shall not be printed on 3020 the primary election ballot, and such candidate shall be 3021 declared nominated for the office. This section does not apply 3022 to candidates for political party executive committees. 3023 Section 40.Section 101.2521, Florida Statutes, is created 3024 to read: 3025 101.2521Restriction on the withdrawal of certain 3026 candidates.If a qualified candidate withdraws after the end of 3027 qualifying for the primary election and his or her withdrawal 3028 results in the winner of a contest in the primary election 3029 becoming an unopposed candidate for the general election, such 3030 contest must be instead placed on the general election ballot. 3031 Section 41.Subsection (4) of section 101.5606, Florida 3032 Statutes, is amended to read: 3033 101.5606Requirements for approval of systems.No 3034 electronic or electromechanical voting system shall be approved 3035 by the Department of State unless it is so constructed that: 3036 (4)For systems using marksense ballots, It accepts a 3037 rejected ballot pursuant to subsection (3) if a voter chooses to 3038 cast the ballot, but records no vote for any office that has 3039 been overvoted or undervoted. 3040 Section 42.Section 101.56075, Florida Statutes, is amended 3041 to read: 3042 101.56075Voting methods.For the purpose of designating 3043 ballot selections, all voting must be by marksense ballot or 3044 official ballot. Each location where voting takes place must 3045 contain and make available for use both voting machines that 3046 accept paper ballots completed by voters, using a manual marking 3047 device and voting machines using or a voter interface device 3048 that produces a voter-verifiable paper output of a voters 3049 selections and meets the voter accessibility requirements for 3050 individuals with disabilities under s. 301 of the federal Help 3051 America Vote Act of 2002 and s. 101.56062. The default voting 3052 method is manual voting device. A voter may request and must be 3053 provided a voter interface device that produces a voter 3054 verifiable paper output. 3055 Section 43.Subsections (1), (2), and (3) of section 3056 101.5608, Florida Statutes, are amended to read: 3057 101.5608Voting by electronic or electromechanical method; 3058 procedures. 3059 (1)Each voter elector desiring to vote must shall be 3060 identified to the clerk or inspector of the election as a duly 3061 qualified voter elector of such election and must shall sign his 3062 or her name on the precinct register or other form or device 3063 provided by the supervisor. The inspector shall compare the 3064 signature with the signature on the identification provided by 3065 the voter and follow the procedures in s. 101.049 before 3066 proceeding with subsection (2) elector. If the inspector is 3067 reasonably sure that the person is entitled to vote, the 3068 inspector shall provide the person with a ballot. 3069 (2)When an electronic or electromechanical voting system 3070 utilizes a ballot card or marksense ballot, The following 3071 procedures must shall be followed to vote: 3072 (a)After receiving a ballot from an inspector, the voter 3073 elector shall, without leaving the polling place, retire to a 3074 booth or compartment and mark the ballot. After marking his or 3075 her ballot, the voter elector shall place the ballot in a 3076 secrecy envelope so that the ballot will be deposited in the 3077 tabulator without exposing the voters choices. 3078 (b)Any voter who spoils his or her ballot or makes an 3079 error may return the ballot to the election official and secure 3080 another ballot, except that in no case shall a voter be 3081 furnished more than three ballots. If the vote tabulation device 3082 has rejected a ballot, the ballot must shall be considered 3083 spoiled and a new ballot must shall be provided to the voter 3084 unless the voter chooses to cast the rejected ballot. The 3085 election official, without examining the original ballot, shall 3086 state the possible reasons for the rejection and shall provide 3087 instruction to the voter pursuant to s. 101.5611. A spoiled 3088 ballot must shall be preserved, without examination, in an 3089 envelope provided for that purpose. The stub must shall be 3090 removed from the ballot and placed in an envelope. 3091 (c)The supervisor of elections shall prepare for each 3092 polling place at least one ballot box to contain the ballots of 3093 a particular precinct, and each ballot box must shall be plainly 3094 marked with the name of the precinct for which it is intended. 3095 (3)The Department of State shall promulgate rules 3096 regarding voting procedures to be used when an electronic or 3097 electromechanical voting system is of a type which does not 3098 utilize a ballot card or marksense ballot. 3099 Section 44.Subsection (5) of section 101.5612, Florida 3100 Statutes, is amended to read: 3101 101.5612Testing of tabulating equipment. 3102 (5)Any tests involving marksense ballots pursuant to this 3103 section must shall employ test ballots created by the supervisor 3104 of elections using actual ballots that have been printed for the 3105 election. If ballot-on-demand ballots will be used in the 3106 election, the supervisor must shall also create test ballots 3107 using the ballot-on-demand technology that will be used to 3108 produce ballots in the election, using the same paper stock as 3109 will be used for ballots in the election. 3110 Section 45.Subsection (4) of section 101.5614, Florida 3111 Statutes, is amended to read: 3112 101.5614Canvass of returns. 3113 (4)(a)If any vote-by-mail ballot is physically damaged so 3114 that it cannot properly be counted by the voting systems 3115 automatic tabulating equipment, a true duplicate copy must shall 3116 be made of the damaged ballot in an open and accessible room in 3117 the presence of witnesses and substituted for the damaged 3118 ballot. Likewise, a duplicate ballot must shall be made of a 3119 vote-by-mail ballot containing an overvoted race if there is a 3120 clear indication on the ballot that the voter has made a 3121 definite choice in the overvoted race or ballot measure. A 3122 duplicate must shall include all valid votes as determined by 3123 the canvassing board based on rules adopted by the division 3124 pursuant to s. 102.166(4). A duplicate may be made of a ballot 3125 containing an undervoted race or ballot measure if there is a 3126 clear indication on the ballot that the voter has made a 3127 definite choice in the undervoted race or ballot measure. A 3128 duplicate may not include a vote if the voters intent in such 3129 race or on such measure is not clear. Upon request, a physically 3130 present candidate, a political party official, a political 3131 committee official, or an authorized designee thereof, must be 3132 allowed to observe the duplication of ballots upon signing an 3133 affidavit affirming his or her acknowledgment that disclosure of 3134 election results discerned from observing the ballot duplication 3135 process while the election is ongoing is a felony, as provided 3136 under subsection (8). The observer must be allowed to observe 3137 the duplication of ballots in such a way that the observer is 3138 able to see the markings on each ballot and the duplication 3139 taking place. All duplicate ballots must be clearly labeled 3140 duplicate, bear a serial number which shall be recorded on the 3141 defective ballot, and be counted in lieu of the defective 3142 ballot. The duplication of ballots must happen in the presence 3143 of at least one canvassing board member. After a ballot has been 3144 duplicated, the defective ballot and the duplicate ballot must 3145 shall be placed in an envelope provided for that purpose, and 3146 presented to the canvassing board for review the duplicate 3147 ballot shall be tallied with the other ballots for that 3148 precinct. If any observer makes a reasonable objection to a 3149 duplicate of a ballot, the ballot must be presented to the 3150 canvassing board for a determination of the validity of the 3151 duplicate. The canvassing board shall must document the serial 3152 number of the ballot in the canvassing boards minutes. The 3153 canvassing board shall must decide whether the duplication is 3154 valid. If the duplicate ballot is determined to be valid, the 3155 duplicate ballot must be counted. If the duplicate ballot is 3156 determined to be invalid, the duplicate ballot must be rejected 3157 and a proper duplicate ballot must be made and counted in lieu 3158 of the original. 3159 (b)A true duplicate copy must shall be made of each 3160 federal write-in absentee ballot in the presence of witnesses 3161 and substituted for the federal write-in absentee ballot. The 3162 duplicate ballot must include all valid votes as determined by 3163 the canvassing board based on rules adopted by the division 3164 pursuant to s. 102.166(4). All duplicate ballots must shall be 3165 clearly labeled duplicate, bear a serial number that must 3166 shall be recorded on the federal write-in absentee ballot, and 3167 be counted in lieu of the federal write-in absentee ballot. 3168 After a ballot has been duplicated, the federal write-in 3169 absentee ballot must shall be placed in an envelope provided for 3170 that purpose, and the duplicate ballot must shall be tallied 3171 with other ballots for that precinct. 3172 Section 46.Subsection (2) of section 101.572, Florida 3173 Statutes, is amended to read: 3174 101.572Public inspection of ballots. 3175 (2)A candidate, a political party official, or a political 3176 committee official, or an authorized designee thereof, shall be 3177 granted reasonable access upon request to review or inspect 3178 ballot materials before canvassing or tabulation, including 3179 voter certificates on vote-by-mail envelopes, cure affidavits, 3180 corresponding comparison signatures, duplicate ballots, and 3181 corresponding originals. Before the supervisor begins comparing 3182 signatures on vote-by-mail voter certificates, the supervisor 3183 shall must publish notice of the access to be provided under 3184 this section, which may be access to the documents or images 3185 thereof, and the method of requesting such access. During such 3186 review, no person granted access for review may make any copy of 3187 a signature. During a county canvassing boards determination of 3188 voter intent s. 101.5614(4)(a), a candidate, a political party 3189 official, or a political committee official, or an authorized 3190 designee thereof, may object to the canvassing boards 3191 determination of voter intent. 3192 Section 47.Section 101.591, Florida Statutes, is amended 3193 to read: 3194 101.591Voting system validation process audit. 3195 (1)Before Immediately following the certification of each 3196 election, the county canvassing board or the local board 3197 responsible for certifying the election shall conduct a manual 3198 audit or an automated, independent vote validation audit of the 3199 voting systems used in all randomly selected precincts. 3200 (2)(a)A manual audit shall consist of a public manual 3201 tally of the votes cast in one randomly selected race that 3202 appears on the ballot. The tally sheet shall include election 3203 day, vote-by-mail, early voting, provisional, and overseas 3204 ballots, in at least 1 percent but no more than 2 percent of the 3205 precincts chosen at random by the county canvassing board or the 3206 local board responsible for certifying the election. If 1 3207 percent of the precincts is less than one entire precinct, the 3208 audit shall be conducted using at least one precinct chosen at 3209 random by the county canvassing board or the local board 3210 responsible for certifying the election. Such precincts shall be 3211 selected at a publicly noticed canvassing board meeting. 3212 (b)An automated vote validation process must audit shall 3213 consist of an a public automated verification of the tally of 3214 the votes cast across every race that appears on the ballot. The 3215 tally sheet must shall include election day, vote-by-mail, early 3216 voting, provisional, and overseas ballots in all at least 20 3217 percent of the precincts chosen at random by the county 3218 canvassing board or the local board responsible for certifying 3219 the election. Such precincts shall be selected at a publicly 3220 noticed canvassing board meeting. 3221 (c)The division shall adopt rules for approval of an 3222 independent audit system which provide that the system, at a 3223 minimum, must be: 3224 1.Completely independent of the primary voting system. 3225 2.Fast enough to produce final audit results within the 3226 timeframe prescribed in subsection (4). 3227 3.Capable of demonstrating that the ballots of record have 3228 been accurately adjudicated by the audit system. 3229 (3)The canvassing board shall publish notice on the county 3230 website as provided in s. 50.0311, on the supervisor of 3231 elections website, or once in one or more newspapers of general 3232 circulation in the county post a notice of the automated vote 3233 validation process audit, including the date, time, and place, 3234 in four conspicuous places in the county and on the home page of 3235 the county supervisor of elections website. Such process must be 3236 open to the public. 3237 (4)The vote validation process audit must be completed and 3238 the results made public before the certification of the election 3239 by each county canvassing board and in accordance with s. 3240 102.141 no later than 11:59 p.m. on the 7th day following 3241 certification of the election by the county canvassing board or 3242 the local board responsible for certifying the election. 3243 (5)By December 15 of each general election year, the 3244 county canvassing board or the board responsible for certifying 3245 the election shall provide a report with the results of the vote 3246 validation audit to the Department of State in a standard format 3247 as prescribed by the department. Each countys The report must 3248 be consolidated into one report and included with the overvote 3249 and undervote report required under s. 101.595(1). The report 3250 must, at a minimum, contain all of shall contain, but is not 3251 limited to, the following items: 3252 (a)The overall accuracy of vote validation audit. 3253 (b)A description of any problems or discrepancies 3254 encountered. 3255 (c)The likely cause of such problems or discrepancies. 3256 (d)Recommended corrective action with respect to avoiding 3257 or mitigating such circumstances in future elections. 3258 (6)If a manual recount is undertaken pursuant to s. 3259 102.166, the canvassing board is not required to perform the 3260 audit provided for in this section. 3261 Section 48.Section 101.5911, Florida Statutes, is amended 3262 to read: 3263 101.5911Rulemaking authority for voting system vote 3264 validation audit procedures.Effective upon this act becoming a 3265 law, The department of State shall adopt rules to implement the 3266 provisions of s. 101.591, as amended by s. 8, chapter 2007-30, 3267 Laws of Florida, which prescribe detailed vote validation audit 3268 procedures for each voting system, which must shall be uniform 3269 to the extent practicable, along with the standard form for vote 3270 validation audit reports. 3271 Section 49.Section 101.595, Florida Statutes, is amended 3272 to read: 3273 101.595Post general election report Analysis and reports 3274 of voting problems. 3275 (1)(a)No later than December 15 of each general election 3276 year, the supervisor of elections in each county shall report to 3277 the Department of State the total number of overvotes and 3278 undervotes in the President and Vice President or Governor 3279 and Lieutenant Governor race that appears first on the ballot 3280 or, if neither appears, the first race appearing on the ballot 3281 pursuant to s. 101.151(2), along with the likely reasons for 3282 such overvotes and undervotes and other information as may be 3283 useful in evaluating the performance of the voting system and 3284 identifying problems with ballot design and instructions which 3285 may have contributed to voter confusion. This report must be 3286 consolidated into one report with the audit report required 3287 under s. 101.591(5). 3288 (b)(2)The Department of State, upon receipt of such 3289 information, shall prepare a public report on the performance of 3290 each type of voting system. The report must contain, but is not 3291 limited to, the following information: 3292 1.(a)An identification of problems with the ballot design 3293 or instructions which may have contributed to voter confusion; 3294 2.(b)An identification of voting system design problems; 3295 and 3296 3.(c)Recommendations for correcting any problems 3297 identified. 3298 (2)The department shall submit the analysis of the report 3299 in subsection (1) as part of the consolidated reports required 3300 under ss. 101.591 and 102.143 to the Governor, the President of 3301 the Senate, and the Speaker of the House of Representatives by 3302 February 15 of each year following a general election. 3303 (3)The Department of State shall submit the report to the 3304 Governor, the President of the Senate, and the Speaker of the 3305 House of Representatives by February 15 of each year following a 3306 general election. 3307 Section 50.Section 101.6104, Florida Statutes, is amended 3308 to read: 3309 101.6104Protest Challenge of votes.If any elector present 3310 for the canvass of votes believes that any ballot is illegal due 3311 to any defect apparent on the voters certificate, the elector 3312 may, at any time before the ballot is removed from the envelope, 3313 file with the canvassing board a protest against the canvass of 3314 such ballot, specifying the reason he or she believes the ballot 3315 to be illegal. No protest challenge based upon any defect on the 3316 voters certificate may shall be accepted after the ballot has 3317 been removed from the return mailing envelope. 3318 Section 51.Section 101.62, Florida Statutes, is amended to 3319 read: 3320 101.62Request for vote-by-mail ballots. 3321 (1)REQUEST. 3322 (a)Vote-by-mail request forms are not automatically mailed 3323 out to voters. A voter must initiate the request for a vote-by 3324 mail ballot form from the supervisor of elections. The 3325 supervisor shall accept a request for a vote-by-mail ballot only 3326 from a voter or, if directly instructed by the voter, a member 3327 of the voters immediate family or the voters legal guardian. A 3328 request may be made in person, in writing, by telephone, or 3329 through the supervisors website. A voter requesting a vote-by 3330 mail ballot by mail or in person must use the paper or online 3331 version of the department shall prescribe by rule by October 1, 3332 2023, a uniform statewide application to make a written request 3333 for a vote-by-mail ballot which includes fields for all 3334 information required in this subsection. One request is deemed 3335 sufficient to receive a vote-by-mail ballot for all elections 3336 through the end of the calendar year of the next regularly 3337 scheduled general election, unless the voter or the voters 3338 designee indicates at the time the request is made the elections 3339 within such period for which the voter desires to receive a 3340 vote-by-mail ballot. The supervisor shall must cancel a request 3341 for a vote-by-mail ballot when any first-class mail or 3342 nonforwardable mail sent by the supervisor to the voter is 3343 returned as undeliverable. If the voter requests a vote-by-mail 3344 ballot thereafter, the voter must provide or confirm his or her 3345 current residential address. 3346 (b)The supervisor may accept a request for a vote-by-mail 3347 ballot to be mailed to a voters address on file in the Florida 3348 Voter Registration System from the voter, or, if directly 3349 instructed by the voter, a member of the voters immediate 3350 family or the voters legal guardian. If an in-person or a 3351 telephonic request is made, the voter must provide the voters 3352 Florida driver license number, the voters Florida 3353 identification card number, or the last four digits of the 3354 voters social security number, whichever may be verified in the 3355 supervisors records. If the ballot is requested to be mailed to 3356 an address other than the voters address on file in the Florida 3357 Voter Registration System, the request must be made in writing. 3358 A written request must be signed by the voter and include the 3359 voters Florida driver license number, the voters Florida 3360 identification card number, or the last four digits of the 3361 voters social security number. However, an absent uniformed 3362 services voter or an overseas voter seeking a vote-by-mail 3363 ballot is not required to submit a signed, written request for a 3364 vote-by-mail ballot that is being mailed to an address other 3365 than the voters address on file in the Florida Voter 3366 Registration System. The person making the request must 3367 disclose: 3368 1.The name of the voter for whom the ballot is requested. 3369 2.The voters address. 3370 3.The voters date of birth. 3371 4.The voters Florida driver license number, the voters 3372 Florida identification card number, or the last four digits of 3373 the voters social security number, whichever may be verified in 3374 the supervisors records. If the voters registration record 3375 does not already include the voters Florida driver license 3376 number or Florida identification card number or the last four 3377 digits of the voters social security number, the number 3378 provided must be recorded in the voters registration record. 3379 5.The requesters name. 3380 6.The requesters address. 3381 7.The requesters driver license number, the requesters 3382 identification card number, or the last four digits of the 3383 requesters social security number, if available. 3384 8.The requesters relationship to the voter. 3385 9.The requesters signature (written requests only). 3386 (c)Upon receiving a request for a vote-by-mail ballot from 3387 an absent voter, the supervisor of elections shall notify the 3388 voter of the free access system that has been designated by the 3389 department for determining the status of his or her vote-by-mail 3390 ballot. 3391 (d)For purposes of this section, the term immediate 3392 family refers to the following, as applicable: 3393 1.The voters spouse, parent, child, grandparent, 3394 grandchild, or sibling, or the parent, child, grandparent, 3395 grandchild, or sibling of the voters spouse. 3396 2.The designees spouse, parent, child, grandparent, 3397 grandchild, or sibling, or the parent, child, grandparent, 3398 grandchild, or sibling of the designees spouse. 3399 (2)ACCESS TO VOTE-BY-MAIL REQUEST INFORMATION.For each 3400 request for a vote-by-mail ballot received, the supervisor shall 3401 record the following information: the name of the voter; the 3402 date the request was made; the identity of the voters designee 3403 making the request, if any; the method of request; whether the 3404 Florida driver license number, Florida identification card 3405 number, or last four digits of the social security number of the 3406 voter was provided, if required with a written request; the date 3407 the vote-by-mail ballot was delivered to the voter or the 3408 voters designee or the date the vote-by-mail ballot was 3409 delivered to the post office or other carrier; the address to 3410 which the ballot was mailed or the identity of the voters 3411 designee to whom the ballot was delivered; the date the ballot 3412 was received by the supervisor; the absence of the voters 3413 signature on the voters certificate, if applicable; whether the 3414 voters certificate contains a signature that does not match the 3415 voters signature in the registration books or precinct 3416 register; and such other information he or she may deem 3417 necessary. This information must be provided in electronic 3418 format as provided by division rule. The information must be 3419 updated and made available no later than 8 a.m. of each day, 3420 including weekends, beginning 60 days before the primary until 3421 15 days after the general election and must shall be 3422 contemporaneously provided to the division. This information is 3423 confidential and exempt from s. 119.07(1) and may shall be made 3424 available to or reproduced only for the voter requesting the 3425 ballot, a canvassing board, an election official, a political 3426 party or official thereof, a candidate who has filed 3427 qualification papers and is opposed in an upcoming election, and 3428 registered political committees for political purposes only. 3429 (3)DELIVERY OF VOTE-BY-MAIL BALLOTS. 3430 (a)No later than 45 days before each presidential 3431 preference primary election, primary election, and general 3432 election, the supervisor of elections shall send a vote-by-mail 3433 ballot as provided in subparagraph (d)2. to each absent 3434 uniformed services voter and to each overseas voter who has 3435 requested a vote-by-mail ballot. 3436 (b)The supervisor shall mail a vote-by-mail ballot to each 3437 absent qualified voter, other than those listed in paragraph 3438 (a), who has requested such a ballot, between the 40th and 33rd 3439 days before the presidential preference primary election, 3440 primary election, and general election. 3441 (c)Except as otherwise provided in paragraph (a) or 3442 paragraph (b), the supervisor shall mail vote-by-mail ballots 3443 within 2 business days after receiving a request for such a 3444 ballot, but no later than the 10th day before election day. The 3445 deadline to submit a request for a ballot to be mailed is 5 p.m. 3446 local time on the 12th day before an upcoming election. 3447 (d)Upon a request for a vote-by-mail ballot, the 3448 supervisor shall provide a vote-by-mail ballot to each voter by 3449 whom a request for that ballot has been made, by one of the 3450 following means: 3451 1.By nonforwardable, return-if-undeliverable mail to the 3452 voters current mailing address on file with the supervisor or 3453 any other address the voter specifies in the request. The 3454 envelopes must be prominently marked Do Not Forward. 3455 2.By forwardable mail, e-mail, or facsimile machine 3456 transmission to absent uniformed services voters and overseas 3457 voters. The absent uniformed services voter or overseas voter 3458 may designate in the vote-by-mail ballot request the preferred 3459 method of transmission. If the voter does not designate the 3460 method of transmission, the vote-by-mail ballot must be mailed. 3461 3.By personal delivery to the voter beginning on the 46th 3462 day before election day after vote-by-mail ballots have been 3463 mailed and through up to 7 p.m. on election day upon 3464 presentation of the identification required in s. 101.043. 3465 However, starting pm the 10th day before election day and 3466 through 7 p.m. on election day, delivery is subject to the 3467 additional requirements of subparagraph 5. 3468 4.By delivery to the voters designee beginning on the 3469 46th day before election day, through after vote-by-mail ballots 3470 have been mailed and up to 7 p.m. on election day. However, 3471 starting on the 10th day before election day and through 7 p.m. 3472 on election day, delivery is subject to the additional 3473 requirements in subparagraph 5. Any voter may designate in 3474 writing a person to pick up the ballot for the voter; however, 3475 the person designated may not pick up more than two vote-by-mail 3476 ballots per election, other than the designees own ballot, 3477 except that additional ballots may be picked up for members of 3478 the designees immediate family. The designee shall provide to 3479 the supervisor the written authorization by the voter and a 3480 picture identification of the designee and must complete an 3481 affidavit. The designee shall state in the affidavit that the 3482 designee is authorized by the voter to pick up that ballot and 3483 shall indicate if the voter is a member of the designees 3484 immediate family and, if so, the relationship. The department 3485 shall prescribe the form of the affidavit. If the supervisor is 3486 satisfied that the designee is authorized to pick up the ballot 3487 and that the signature of the voter on the written authorization 3488 matches the signature of the voter on file, the supervisor must 3489 give the ballot to that designee for delivery to the voter. 3490 5.Except as provided in s. 101.655, the supervisor may not 3491 deliver a vote-by-mail ballot to a voter or a voters designee 3492 pursuant to subparagraph 3. or subparagraph 4., respectively, 3493 during the mandatory early voting period and through up to 7 3494 p.m. on election day, unless there is an emergency, to the 3495 extent that the voter will be unable to go to a designated early 3496 voting site in his or her county or to his or her assigned 3497 polling place on election day. If a vote-by-mail ballot is 3498 delivered, the voter or his or her designee must execute an 3499 affidavit affirming to the facts which allow for delivery of the 3500 vote-by-mail ballot. The department shall adopt a rule providing 3501 for the form of the affidavit. 3502 (4)SPECIAL CIRCUMSTANCES.If the department is unable to 3503 certify candidates for an election in time to comply with 3504 paragraph (3)(a), the Department of State is authorized to 3505 prescribe rules for a ballot to be sent to absent uniformed 3506 services voters and overseas voters. 3507 (5)MATERIALS.Only the materials necessary to vote by mail 3508 may be mailed or delivered with any vote-by-mail ballot. 3509 (6)PROHIBITION.Except as expressly authorized for voters 3510 having a disability under s. 101.662, for overseas voters under 3511 s. 101.697, or for local referenda under ss. 101.6102 and 3512 101.6103, a county, municipality, or state agency may not send a 3513 vote-by-mail ballot to a voter unless the voter has requested a 3514 vote-by-mail ballot in the manner authorized under this section. 3515 Section 52.Section 101.64, Florida Statutes, is amended to 3516 read: 3517 101.64Delivery of vote-by-mail ballots; envelopes; form. 3518 (1)(a)The supervisor shall enclose with each vote-by-mail 3519 ballot two envelopes: a secrecy envelope or privacy sleeve, into 3520 which the absent voter elector shall enclose his or her marked 3521 ballot; and a mailing envelope, into which the voter absent 3522 elector shall then place the secrecy envelope or privacy sleeve 3523 enclosing the ballot, which must shall be addressed to the 3524 supervisor and also bear on the back side a certificate in 3525 substantially the following form: 3526 3527 Note: Please Read Instructions Carefully Before 3528 Marking Ballot and Completing Voters Certificate. 3529 3530 VOTERS CERTIFICATE 3531 I, ...., do solemnly swear or affirm that I am a qualified 3532 and registered voter of .... County, Florida, and that I have 3533 not and will not vote more than one ballot in this election. I 3534 understand that if I commit or attempt to commit any fraud in 3535 connection with voting, vote a fraudulent ballot, or vote more 3536 than once in an election, I can be convicted of a felony of the 3537 third degree and fined up to $5,000 and/or imprisoned for up to 3538 5 years. I also understand that failure to sign this certificate 3539 will invalidate my ballot. 3540 ...(Date)... ...(Voters Signature)... 3541 ...(E-Mail Address)... ...(Home Telephone Number)... 3542 ...(Mobile Telephone Number)... 3543 3544 (b)Each return mailing envelope must bear the absent 3545 voters electors name and any encoded mark used by the 3546 supervisors office. 3547 (c)A mailing envelope, or secrecy envelope, or privacy 3548 sleeve may not bear any indication of the political affiliation 3549 of an absent voter elector. 3550 (2)The certificate must shall be arranged on the back of 3551 the mailing envelope so that the line for the signature of the 3552 absent voter elector is across the seal of the envelope; 3553 however, no statement may shall appear on the envelope which 3554 indicates that a signature of the voter must cross the seal of 3555 the envelope. The absent voter elector shall execute the 3556 certificate on the envelope. 3557 (3)In lieu of the voters certificate provided in this 3558 section, the supervisor of elections shall provide each person 3559 voting absentee under the Uniformed and Overseas Citizens 3560 Absentee Voting Act with the standard oath prescribed by the 3561 presidential designee. 3562 (4)The supervisor shall mark, code, indicate on, or 3563 otherwise track the precinct of the absent voter elector for 3564 each vote-by-mail ballot. 3565 (5)The secrecy envelope or privacy sleeve must include, in 3566 bold font, substantially the following message: 3567 3568 IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO COUNT, YOUR 3569 SUPERVISOR OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7 3570 P.M. ON ELECTION DAY. IF YOU WAIT TO MAIL YOUR BALLOT, 3571 YOUR VOTE MIGHT NOT COUNT. TO PREVENT THIS FROM 3572 OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT AS SOON 3573 AS POSSIBLE. 3574 3575 Section 53.Subsection (1) of section 101.657, Florida 3576 Statutes, is amended to read: 3577 101.657Early voting. 3578 (1)(a)As a convenience to the voter, the supervisor of 3579 elections may shall allow a voter an elector to vote early in 3580 the main or branch office of the supervisor. The supervisor 3581 shall mark, code, indicate on, or otherwise track the voters 3582 precinct for each early voted ballot. In order for a branch 3583 office to be used for early voting, it must shall be a permanent 3584 facility of the supervisor and shall have been designated and 3585 used as such for at least 1 year before prior to the election. 3586 The supervisor may also designate any city hall, permanent 3587 public library facility, fairground, civic center, courthouse, 3588 county commission building, stadium, convention center, 3589 government-owned senior center, or government-owned community 3590 center as an early voting site; however, if so designated, the 3591 sites must be geographically located so as to provide all voters 3592 in the county an equal opportunity to cast a ballot, insofar as 3593 is practicable, and must provide sufficient nonpermitted parking 3594 to accommodate the anticipated amount of voters. In addition, a 3595 supervisor may designate up to two one early voting sites site 3596 per election in an area of the county that does not have any of 3597 the eligible early voting locations. Such additional early 3598 voting site must be geographically located so as to provide all 3599 voters in that area with an equal opportunity to cast a ballot, 3600 insofar as is practicable, and must provide sufficient 3601 nonpermitted parking to accommodate the anticipated amount of 3602 voters. Each county shall, at a minimum, operate the same total 3603 number of early voting sites for a general election which the 3604 county operated for the 2012 general election. The results or 3605 tabulation of votes cast during early voting may not be made 3606 before the close of the polls on election day. Results must 3607 shall be reported by precinct. 3608 (b)The supervisor shall designate each early voting site 3609 by no later than the 30th day before prior to an election and 3610 shall designate an early voting area, as defined in s. 97.021, 3611 at each early voting site. The number of designated sites must 3612 be no less than the number of sites designated in the previously 3613 regularly scheduled general election. A supervisor may obtain a 3614 waiver from this requirement by filing notice certifying the 3615 facts and circumstances and obtaining approval from the 3616 department before the designation deadline. The supervisor shall 3617 provide to the division no later than the 30th day before an 3618 election the address of each early voting site and the hours 3619 that early voting will occur at each site. 3620 (c)All early voting sites in a county must shall allow any 3621 person in line at the closing of an early voting site to vote. 3622 (d)Early voting shall begin on the 10th day before an 3623 election that contains state or federal races and end on the 3rd 3624 day before the election, and shall be provided for no less than 3625 8 hours and no more than 12 hours per day at each site during 3626 the applicable period. In addition, early voting may be offered 3627 at the discretion of the supervisor of elections on the 15th, 3628 14th, 13th, 12th, 11th, or 2nd day before an election that 3629 contains state or federal races for at least 8 hours per day, 3630 but not more than 12 hours per day. The supervisor of elections 3631 may provide early voting for elections that are not held in 3632 conjunction with a state or federal election. However, the 3633 supervisor has the discretion to determine the hours of 3634 operation of early voting sites in those elections. 3635 (e)Notwithstanding the requirements of s. 100.3605, 3636 municipalities may provide early voting in municipal elections 3637 that are not held in conjunction with county or state elections. 3638 If a municipality provides early voting, it may designate as 3639 many sites as necessary and shall conduct its activities in 3640 accordance with the provisions of paragraphs (a)-(c). The 3641 supervisor is not required to conduct early voting if it is 3642 provided pursuant to this subsection. 3643 (f)Notwithstanding the requirements of s. 189.04, special 3644 districts may provide early voting in any district election not 3645 held in conjunction with county or state elections. If a special 3646 district provides early voting, it may designate as many sites 3647 as necessary and must shall conduct its activities in accordance 3648 with the provisions of paragraphs (a)-(c). The supervisor is not 3649 required to conduct early voting if it is provided pursuant to 3650 this subsection. 3651 Section 54.Subsections (2) and (4) of section 101.68, 3652 Florida Statutes, are amended to read: 3653 101.68Canvassing of vote-by-mail ballot. 3654 (2)(a)The county canvassing board may begin the canvassing 3655 of vote-by-mail ballots upon the completion of the public 3656 testing of automatic tabulating equipment pursuant to s. 3657 101.5612(2), but must begin such canvassing by no later than 3658 noon on the day following the election. However, notwithstanding 3659 any such authorization to begin canvassing or otherwise 3660 processing vote-by-mail ballots early, no result may shall be 3661 released until after the closing of the polls in that county on 3662 election day. Any supervisor, deputy supervisor, canvassing 3663 board member, election board member, or election employee who 3664 releases the results of a canvassing or processing of vote-by 3665 mail ballots before prior to the closing of the polls in that 3666 county on election day commits a felony of the third degree, 3667 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3668 (b)To ensure that all vote-by-mail ballots to be counted 3669 by the canvassing board are accounted for, the canvassing board 3670 shall compare the number of ballots in its possession with the 3671 number of requests for ballots received to be counted according 3672 to the supervisors file or list. 3673 (c)1.The canvassing board must, if the supervisor has not 3674 already done so, compare the signature of the elector on the 3675 voters certificate or on the vote-by-mail ballot cure affidavit 3676 as provided in subsection (4) with the signature of the elector 3677 in the registration books or the precinct register to see that 3678 the elector is duly registered in the county and to determine 3679 the legality of that vote-by-mail ballot. A vote-by-mail ballot 3680 may only be counted if: 3681 a.The signature on the voters certificate or the cure 3682 affidavit matches the electors signature in the registration 3683 books or precinct register; however, in the case of a cure 3684 affidavit, the supporting identification listed in subsection 3685 (4) must also confirm the identity of the elector; or 3686 b.The cure affidavit contains a signature that does not 3687 match the electors signature in the registration books or 3688 precinct register, but the elector has submitted a current and 3689 valid Tier 1 identification pursuant to subsection (4) which 3690 confirms the identity of the elector. 3691 3692 For purposes of this subparagraph, any canvassing board finding 3693 that an electors signatures do not match must be by majority 3694 vote and beyond a reasonable doubt. 3695 2.The ballot of an elector who casts a vote-by-mail ballot 3696 shall be counted even if the elector dies on or before election 3697 day, as long as, before the death of the voter, the ballot was 3698 postmarked by the United States Postal Service, date-stamped 3699 with a verifiable tracking number by a common carrier, or 3700 already in the possession of the supervisor. 3701 3.A vote-by-mail ballot is not considered illegal if the 3702 signature of the elector does not cross the seal of the mailing 3703 envelope. 3704 4.If any elector or candidate present believes that a 3705 vote-by-mail ballot is illegal due to a defect apparent on the 3706 voters certificate or the cure affidavit, he or she may, at any 3707 time before the ballot is removed from the envelope, file with 3708 the canvassing board a protest against the canvass of that 3709 ballot, specifying the precinct, the voters certificate or the 3710 cure affidavit, and the reason he or she believes the ballot to 3711 be illegal. A protest challenge based upon a defect in the 3712 voters certificate or cure affidavit may not be accepted after 3713 the ballot has been removed from the mailing envelope. 3714 5.If the canvassing board determines that a ballot is 3715 illegal, a member of the board must, without opening the 3716 envelope, mark across the face of the envelope: rejected as 3717 illegal. The cure affidavit, if applicable, the envelope, and 3718 the ballot therein shall be preserved in the manner that 3719 official ballots are preserved. 3720 (d)The canvassing board shall record the ballot upon the 3721 proper record, unless the ballot has been previously recorded by 3722 the supervisor. The mailing envelopes must shall be opened and 3723 the secrecy envelopes must shall be mixed so as to make it 3724 impossible to determine which secrecy envelope came out of which 3725 signed mailing envelope; however, in any county in which an 3726 electronic or electromechanical voting system is used, the 3727 ballots may be sorted by ballot styles and the mailing envelopes 3728 may be opened and the secrecy envelopes mixed separately for 3729 each ballot style. The votes on vote-by-mail ballots must shall 3730 be included in the total vote of the county. 3731 (4)(a)As soon as practicable, the supervisor shall, on 3732 behalf of the county canvassing board, attempt to notify an 3733 elector who has returned a vote-by-mail ballot that does not 3734 include the electors signature or contains a signature that 3735 does not match the electors signature in the registration books 3736 or precinct register by: 3737 1.Notifying the elector of the signature deficiency by e 3738 mail and directing the elector to the cure affidavit and 3739 instructions on the supervisors website; 3740 2.Notifying the elector of the signature deficiency by 3741 text message and directing the elector to the cure affidavit and 3742 instructions on the supervisors website; or 3743 3.Notifying the elector of the signature deficiency by 3744 telephone and directing the elector to the cure affidavit and 3745 instructions on the supervisors website. 3746 3747 In addition to the notification required under subparagraph 1., 3748 subparagraph 2., or subparagraph 3., the supervisor must notify 3749 the elector of the signature deficiency by first-class mail and 3750 direct the elector to the cure affidavit and instructions on the 3751 supervisors website. Beginning the day before the election, the 3752 supervisor is not required to provide notice of the signature 3753 deficiency by first-class mail, but shall continue to provide 3754 notice as required under subparagraph 1., subparagraph 2., or 3755 subparagraph 3. 3756 (b)The supervisor shall allow such an elector to complete 3757 and submit an affidavit in order to cure the vote-by-mail ballot 3758 until 5 p.m. on the 2nd day after the election. 3759 (c)The elector must complete a cure affidavit in 3760 substantially the following form: 3761 3762 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT 3763 3764 I, ...., am a qualified voter in this election and 3765 registered voter of .... County, Florida. I do solemnly swear or 3766 affirm that I requested and returned the vote-by-mail ballot and 3767 that I have not and will not vote more than one ballot in this 3768 election. I understand that if I commit or attempt any fraud in 3769 connection with voting, vote a fraudulent ballot, or vote more 3770 than once in an election, I may be convicted of a felony of the 3771 third degree and fined up to $5,000 and imprisoned for up to 5 3772 years. I understand that my failure to sign this affidavit means 3773 that my vote-by-mail ballot will be invalidated. 3774 3775 ...(Voters Signature)... 3776 ...(Address)... 3777 3778 (d)Instructions must accompany the cure affidavit in 3779 substantially the following form: 3780 3781 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 3782 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 3783 BALLOT NOT TO COUNT. 3784 3785 1.In order to ensure that your vote-by-mail ballot will be 3786 counted, your affidavit should be completed and returned as soon 3787 as possible so that it can reach the supervisor of elections of 3788 the county in which your precinct is located no later than 5 3789 p.m. on the 2nd day after the election. 3790 2.You must sign your name on the line above (Voters 3791 Signature). 3792 3.You must make a copy of one of the following forms of 3793 identification: 3794 a.Tier 1 identification.Current and valid identification 3795 that includes your name and photograph: Florida driver license; 3796 Florida identification card issued by the Department of Highway 3797 Safety and Motor Vehicles; United States passport or passport 3798 card; debit or credit card; United States Uniformed Services or 3799 Merchant Marine military identification; student identification; 3800 retirement center identification; neighborhood association 3801 identification; public assistance identification; veteran health 3802 identification card issued by the United States Department of 3803 Veterans Affairs; a Florida license to carry a concealed weapon 3804 or firearm; or any an employee identification card issued by any 3805 branch, department, agency, or entity of the Federal Government, 3806 the state, a county, or a municipality; or 3807 b.Tier 2 identification.ONLY IF YOU DO NOT HAVE A TIER 1 3808 FORM OF IDENTIFICATION, identification that shows your name and 3809 current residence address: current utility bill, bank statement, 3810 government check, paycheck, or government document (excluding 3811 voter information card). 3812 4.Place the envelope bearing the affidavit into a mailing 3813 envelope addressed to the supervisor. Insert a copy of your 3814 identification in the mailing envelope. Mail (if time permits), 3815 deliver, or have delivered the completed affidavit along with 3816 the copy of your identification to your county supervisor of 3817 elections. Be sure there is sufficient postage if mailed and 3818 that the supervisors address is correct. Remember, your 3819 information MUST reach your county supervisor of elections no 3820 later than 5 p.m. on the 2nd day after the election, or your 3821 ballot will not count. 3822 5.Alternatively, you may fax or e-mail your completed 3823 affidavit and a copy of your identification to the supervisor of 3824 elections. If e-mailing, please provide these documents as 3825 attachments. 3826 3827 (e)The department and each supervisor shall include the 3828 affidavit and instructions on their respective websites. The 3829 supervisor must include his or her offices mailing address, e 3830 mail address, and fax number on the page containing the 3831 affidavit instructions, and the departments instruction page 3832 must include the office mailing addresses, e-mail addresses, and 3833 fax numbers of all supervisors of elections or provide a 3834 conspicuous link to such addresses. 3835 (f)The supervisor shall attach each affidavit received to 3836 the appropriate vote-by-mail ballot mailing envelope. 3837 (g)If a vote-by-mail ballot is validated following the 3838 submission of a cure affidavit, the supervisor must shall make a 3839 copy of the affidavit, affix it to a voter registration 3840 application, and immediately process it as a valid request for a 3841 signature update pursuant to s. 98.077. 3842 (h)After all election results on the ballot have been 3843 certified, the supervisor shall, on behalf of the county 3844 canvassing board, notify each elector whose ballot has been 3845 rejected as illegal and provide the specific reason the ballot 3846 was rejected. In addition, unless processed as a signature 3847 update pursuant to paragraph (g), the supervisor must shall mail 3848 a voter registration application to the elector to be completed 3849 indicating the electors current signature if the signature on 3850 the voters certificate or cure affidavit did not match the 3851 electors signature in the registration books or precinct 3852 register. 3853 Section 55.Paragraph (a) of subsection (2) of section 3854 101.69, Florida Statutes, is amended to read: 3855 101.69Voting in person; return of vote-by-mail ballot. 3856 (2)(a)The supervisor shall allow an elector who has 3857 received a vote-by-mail ballot to physically return a voted 3858 vote-by-mail ballot to the supervisor by placing the return mail 3859 envelope containing his or her marked ballot in a secure ballot 3860 intake station. Secure ballot intake stations must shall be 3861 placed at the main office of the supervisor, at each permanent 3862 branch office of the supervisor which meets the criteria set 3863 forth in s. 101.657(1)(a) for branch offices used for early 3864 voting and which is open for at least the minimum number of 3865 hours prescribed by s. 98.015(4), and at each designated early 3866 voting site for the election. Secure ballot intake stations may 3867 also be placed at any other site that would otherwise qualify as 3868 an early voting site under s. 101.657(1). Secure ballot intake 3869 stations must be geographically located so as to provide all 3870 voters in the county with an equal opportunity to cast a ballot, 3871 insofar as is practicable. Except for secure ballot intake 3872 stations at the main an office of the supervisor, a secure 3873 ballot intake station may only be used during the countys early 3874 voting hours of operation and must be monitored in person by an 3875 employee of the supervisors office. A secure ballot intake 3876 station at an office of the supervisor must be continuously 3877 monitored in person by an employee of the supervisors office 3878 when the secure ballot intake station is accessible for deposit 3879 of ballots. The department shall adopt rules to implement this 3880 paragraph. 3881 Section 56.Section 101.6921, Florida Statutes, is amended 3882 to read: 3883 101.6921Delivery of special vote-by-mail ballot to certain 3884 first-time voters. 3885 (1)The provisions of This section applies apply to voters 3886 who are subject to the provisions of s. 97.0535 and who have not 3887 provided the identification or information certification 3888 required by s. 97.0535 by the time the vote-by-mail ballot is 3889 mailed. 3890 (2)The supervisor shall enclose with each vote-by-mail 3891 ballot three envelopes: a secrecy envelope or privacy sleeve, 3892 into which the absent voter elector will enclose his or her 3893 marked ballot; an envelope containing the Voters Certificate, 3894 into which the absent voter elector shall place the secrecy 3895 envelope or privacy sleeve; and a mailing envelope, which must 3896 shall be addressed to the supervisor and into which the absent 3897 voter elector will place the envelope containing the Voters 3898 Certificate and a copy of the required identification. 3899 (3)The Voters Certificate must shall be in substantially 3900 the following form: 3901 3902 Note: Please Read Instructions Carefully Before Marking Ballot 3903 and Completing Voters Certificate. 3904 3905 VOTERS CERTIFICATE 3906 3907 I, ...., do solemnly swear or affirm that I am a qualified 3908 and registered voter of .... County, Florida, and that I have 3909 not and will not vote more than one ballot in this election. I 3910 understand that if I commit or attempt to commit any fraud in 3911 connection with voting, vote a fraudulent ballot, or vote more 3912 than once in an election, I can be convicted of a felony of the 3913 third degree and fined up to $5,000 and/or imprisoned for up to 3914 5 years. I also understand that failure to sign this certificate 3915 will invalidate my ballot. I understand that unless I meet one 3916 of the exemptions below, I must provide a copy of a current and 3917 valid identification as provided in the instruction sheet to the 3918 supervisor of elections in order for my ballot to count. 3919 I further certify that I am exempt from the requirements to 3920 furnish a copy of a current and valid identification with my 3921 ballot because of one or more of the following (check all that 3922 apply): 3923 I am 65 years of age or older. 3924 I have a permanent or temporary physical disability. 3925 I am a member of a uniformed service on active duty who, 3926 by reason of such active duty, will be absent from the county on 3927 election day. 3928 I am a member of the Merchant Marine who, by reason of 3929 service in the Merchant Marine, will be absent from the county 3930 on election day. 3931 I am the spouse or dependent of a member of the uniformed 3932 service or Merchant Marine who, by reason of the active duty or 3933 service of the member, will be absent from the county on 3934 election day. 3935 I am currently residing outside the United States. 3936 3937 ...(Date)... ...(Voters Signature)... 3938 3939 (4)The certificate must shall be arranged on the back of 3940 the envelope so that the line for the signature of the absent 3941 voter elector is across the seal of the envelope. 3942 Section 57.Subsection (2) of section 101.6923, Florida 3943 Statutes, is amended to read: 3944 101.6923Special vote-by-mail ballot instructions for 3945 certain first-time voters. 3946 (2)A voter covered by this section must be provided with 3947 printed instructions with his or her vote-by-mail ballot in 3948 substantially the following form: 3949 3950 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR 3951 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE 3952 YOUR BALLOT NOT TO COUNT. 3953 3954 1.In order to ensure that your vote-by-mail ballot will be 3955 counted, it should be completed and returned as soon as possible 3956 so that it can reach the supervisor of elections of the county 3957 in which your precinct is located no later than 7 p.m. on the 3958 date of the election. However, if you are an overseas voter 3959 casting a ballot in a presidential preference primary or general 3960 election, your vote-by-mail ballot must be postmarked or dated 3961 no later than the date of the election and received by the 3962 supervisor of elections of the county in which you are 3963 registered to vote no later than 10 days after the date of the 3964 election. Note that the later you return your ballot, the less 3965 time you will have to cure signature deficiencies, which is 3966 authorized until 5 p.m. local time on the 2nd day after the 3967 election. 3968 2.Mark your ballot in secret as instructed on the ballot. 3969 You must mark your own ballot unless you are unable to do so 3970 because of blindness, disability, or inability to read or write. 3971 3.Mark only the number of candidates or issue choices for 3972 a race as indicated on the ballot. If you are allowed to Vote 3973 for One candidate and you vote for more than one, your vote in 3974 that race will not be counted. 3975 4.Place your marked ballot in the enclosed secrecy 3976 envelope and seal the envelope. 3977 5.Insert the secrecy envelope into the enclosed envelope 3978 bearing the Voters Certificate. Seal the envelope and 3979 completely fill out the Voters Certificate on the back of the 3980 envelope. 3981 a.You must sign your name on the line above (Voters 3982 Signature). 3983 b.If you are an overseas voter, you must include the date 3984 you signed the Voters Certificate on the line above (Date) or 3985 your ballot may not be counted. 3986 c.A vote-by-mail ballot will be considered illegal and 3987 will not be counted if the signature on the Voters Certificate 3988 does not match the signature on record. The signature on file at 3989 the start of the canvass of the vote-by-mail ballots is the 3990 signature that will be used to verify your signature on the 3991 Voters Certificate. If you need to update your signature for 3992 this election, send your signature update on a voter 3993 registration application to your supervisor of elections so that 3994 it is received before your vote-by-mail ballot is received. 3995 6.Unless you meet one of the exemptions in Item 7., you 3996 must make a copy of one of the following forms of 3997 identification: 3998 a.Identification which must include your name and 3999 photograph: United States passport or passport card; debit or 4000 credit card; United States uniformed services or Merchant marine 4001 military identification; student identification; retirement 4002 center identification; neighborhood association identification; 4003 public assistance identification; veteran health identification 4004 card issued by the United States Department of Veterans Affairs; 4005 a Florida license to carry a concealed weapon or firearm; or any 4006 an employee identification card issued by any branch, 4007 department, agency, or entity of the Federal Government, the 4008 state, a county, or a municipality; or 4009 b.Identification which shows your name and current 4010 residence address: current utility bill, bank statement, 4011 government check, paycheck, or government document (excluding 4012 voter information card). 4013 7.The identification requirements of Item 6. do not apply 4014 if you meet one of the following requirements: 4015 a.You are 65 years of age or older. 4016 b.You have a temporary or permanent physical disability. 4017 c.You are a member of a uniformed service on active duty 4018 who, by reason of such active duty, will be absent from the 4019 county on election day. 4020 d.You are a member of the Merchant Marine who, by reason 4021 of service in the Merchant Marine, will be absent from the 4022 county on election day. 4023 e.You are the spouse or dependent of a member referred to 4024 in paragraph c. or paragraph d. who, by reason of the active 4025 duty or service of the member, will be absent from the county on 4026 election day. 4027 f.You are currently residing outside the United States. 4028 8.Place the envelope bearing the Voters Certificate into 4029 the mailing envelope addressed to the supervisor. Insert a copy 4030 of your identification in the mailing envelope. DO NOT PUT YOUR 4031 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR 4032 INSIDE THE ENVELOPE WHICH BEARS THE VOTERS CERTIFICATE OR YOUR 4033 BALLOT WILL NOT COUNT. 4034 9.Mail, deliver, or have delivered the completed mailing 4035 envelope. Be sure there is sufficient postage if mailed. 4036 10.FELONY NOTICE. It is a felony under Florida law to 4037 accept any gift, payment, or gratuity in exchange for your vote 4038 for a candidate. It is also a felony under Florida law to vote 4039 in an election using a false identity or false address, or under 4040 any other circumstances making your ballot false or fraudulent. 4041 Section 58.Subsection (5) of section 101.6952, Florida 4042 Statutes, is amended to read: 4043 101.6952Vote-by-mail ballots for absent uniformed services 4044 and overseas voters. 4045 (5)A vote-by-mail ballot from an overseas voter in any 4046 presidential preference primary or general election which is 4047 postmarked or dated no later than the date of the election and 4048 is received by the supervisor of elections of the county in 4049 which the overseas voter is registered no later than 10 days 4050 after the date of the election shall be counted as long as the 4051 vote-by-mail ballot is otherwise proper unless the ballot is 4052 transmitted via facsimile, in which case the ballot must be 4053 received by 7 p.m. on election day. 4054 Section 59.Subsection (1) of section 101.694, Florida 4055 Statutes, is amended to read: 4056 101.694Mailing of ballots upon receipt of federal postcard 4057 application. 4058 (1)Upon receipt of a federal postcard application for a 4059 vote-by-mail ballot executed by a person whose registration is 4060 in order or whose application is sufficient to register or 4061 update the registration of that person, the supervisor shall 4062 send the ballot in accordance with s. 101.62 s. 101.62(3). 4063 Section 60.Section 101.697, Florida Statutes, is amended 4064 to read: 4065 101.697Electronic transmission of election materials.The 4066 Department of State shall determine whether secure electronic 4067 means can be established for receiving ballots from overseas 4068 voters. If such security can be established, the department must 4069 shall adopt rules to authorize a supervisor of elections to 4070 accept from absent uniformed services members, absent state and 4071 National Guard members as defined in s. 250.01, first responders 4072 as defined in s. 112.1815(1), or from overseas civilian voters 4073 due to an armed conflict involving United States Armed Forces or 4074 mobilization of those forces, including the state National Guard 4075 and reserve components an overseas voter a request for a vote 4076 by-mail ballot or a voted vote-by-mail ballot by secure 4077 facsimile machine transmission or other secure electronic means. 4078 The rules must provide that in order to accept a voted ballot, 4079 the verification of the voter must be established, the security 4080 of the transmission must be established, and each ballot 4081 received must be recorded. 4082 Section 61.Section 101.698, Florida Statutes, is amended 4083 to read: 4084 101.698Absentee voting in emergency situations.If a 4085 national or local emergency or other situation arises which 4086 makes substantial compliance with the provisions of state or 4087 federal law relating to the methods of voting impossible or 4088 unreasonable for absent uniformed services and absent state and 4089 National Guard as defined in s. 250.01, a first responder as 4090 defined in s. 112.1815(1) for overseas voters impossible or 4091 unreasonable, such as an armed conflict involving United States 4092 Armed Forces or mobilization of those forces, including state 4093 National Guard and reserve components, the department Elections 4094 Canvassing Commission may adopt by emergency rules such special 4095 procedures or requirements necessary to facilitate absentee 4096 voting by those persons directly affected who are otherwise 4097 eligible to vote in the election. 4098 Section 62.Subsection (5) of section 102.031, Florida 4099 Statutes, is amended to read: 4100 102.031Maintenance of good order at polls; authorities; 4101 persons allowed in polling rooms and early voting areas; 4102 unlawful solicitation of voters. 4103 (5)No photography, including videography and other visual 4104 or audio recording, is allowed permitted in the polling room or 4105 early voting area, except a voter an elector may photograph his 4106 or her own ballot. 4107 Section 63.Section 102.141, Florida Statutes, is amended 4108 to read: 4109 102.141County canvassing board; duties. 4110 (1)MEMBERSHIP.The county canvassing board shall be 4111 composed of the supervisor of elections; a county court judge, 4112 appointed by the chief judge of the judicial circuit in which 4113 the county is located, and who shall act as chair; and the chair 4114 of the board of county commissioners. The names of the 4115 canvassing board members must be published on the supervisors 4116 website upon completion of the logic and accuracy test. At least 4117 two alternate canvassing board members must be appointed 4118 pursuant to paragraph (b) (e). 4119 (a)In the event any member of the county canvassing board 4120 is unable to serve, is a candidate who has opposition in the 4121 election being canvassed, or is an active participant, 4122 including, but not limited to, publicly endorsing or donating to 4123 in the campaign or candidacy of any candidate who has opposition 4124 in the election being canvassed, or is an active participant 4125 including, but not limited to, publicly endorsing or donating to 4126 the support or opposition of a public measure on the ballot 4127 being canvassed, such member shall be replaced as follows: 4128 1.(a)If a county court judge is unable to serve or if all 4129 are disqualified, the chief judge of the judicial circuit in 4130 which the county is located must appoint as a substitute member 4131 a qualified voter elector of the county who is not a candidate 4132 with opposition in the election being canvassed and who is not 4133 an active participant, including , but not limited to, publicly 4134 endorsing or donating to the support or opposition of in the 4135 campaign or candidacy of any candidate with opposition in the 4136 election being canvassed, or is an active participant including, 4137 but not limited to, publicly endorsing or donating to the 4138 support or opposition of a public measure on the ballot being 4139 canvassed. In such event, the members of the county canvassing 4140 board shall meet and elect a chair. 4141 2.(b)If the supervisor of elections is unable to serve or 4142 is disqualified, the chair of the board of county commissioners 4143 must appoint as a substitute member a member of the board of 4144 county commissioners who is not a candidate with opposition in 4145 the election being canvassed and who is not an active 4146 participant, including, but not limited to, publicly endorsing 4147 or donating to the support or opposition of in the campaign or 4148 candidacy of any candidate with opposition in the election being 4149 canvassed, or is an active participant, including, but not 4150 limited to, publicly endorsing or donating to the support or 4151 opposition of a public measure on the ballot being canvassed. 4152 The supervisor, however, shall act in an advisory capacity to 4153 the canvassing board. 4154 3.(c)If the chair of the board of county commissioners is 4155 unable to serve or is disqualified, the board of county 4156 commissioners must appoint as a substitute member one of its 4157 members who is not a candidate with opposition in the election 4158 being canvassed and who is not an active participant, including, 4159 but not limited to, publicly endorsing or donating to the 4160 support or opposition of in the campaign or candidacy of any 4161 candidate with opposition in the election being canvassed, or is 4162 an active participant including, but not limited to, publicly 4163 endorsing or donating to the support or opposition of a public 4164 measure on the ballot being canvassed. 4165 (d)If a substitute member or alternate member cannot be 4166 appointed as provided elsewhere in this subsection, or in the 4167 event of a vacancy in such office, the chief judge of the 4168 judicial circuit in which the county is located must appoint as 4169 a substitute member or alternate member a qualified elector of 4170 the county who is not a candidate with opposition in the 4171 election being canvassed and who is not an active participant in 4172 the campaign or candidacy of any candidate with opposition in 4173 the election being canvassed. 4174 (b)1.(e)1.The chief judge of the judicial circuit in which 4175 the county is located shall appoint a county court judge as an 4176 alternate member of the county canvassing board or, if each 4177 county court judge is unable to serve or is disqualified, shall 4178 appoint an alternate member who is qualified to serve as a 4179 substitute member under paragraph (a). Any alternate may serve 4180 in any seat. 4181 2.The chair of the board of county commissioners shall 4182 appoint a member of the board of county commissioners as an 4183 alternate member of the county canvassing board or, if each 4184 member of the board of county commissioners is unable to serve 4185 or is disqualified, shall appoint an alternate member who is 4186 qualified to serve as a substitute member under paragraph (d). 4187 3.If a member of the county canvassing board is unable to 4188 participate in a meeting of the board, the chair of the county 4189 canvassing board or his or her designee must designate which 4190 alternate member will serve as a member of the board in the 4191 place of the member who is unable to participate at that 4192 meeting. 4193 4.If not serving as one of the three members of the county 4194 canvassing board, an alternate member may be present, observe, 4195 and communicate with the three members constituting the county 4196 canvassing board, but may not vote in the boards decisions or 4197 determinations. 4198 (c)If a substitute member or alternate member cannot be 4199 appointed as provided in this subsection, or in the event of a 4200 vacancy in such office, the chief judge of the judicial circuit 4201 in which the county is located must appoint as a substitute 4202 member or alternate member a qualified voter of the county who 4203 is not a candidate with opposition in the election being 4204 canvassed and who is not an active participant, including 4205 endorsing, supporting, or donating, in the campaign or candidacy 4206 of a candidate who has opposition in the election being 4207 canvassed or in the support or opposition of a public measure on 4208 the ballot being canvassed. 4209 (2)IDENTIFICATION.Each member, substitute member, and 4210 alternate member of the county canvassing board and all clerical 4211 help must wear identification badges during any period in which 4212 the county canvassing board is canvassing votes or engaging in 4213 other official duties. The identification badges must be worn in 4214 a conspicuous or unobstructed area, and include the name of the 4215 individual and his or her official position. 4216 (3)LEGAL REPRESENTATION.The county canvassing board shall 4217 retain the county attorney of the county in which the canvassing 4218 board sits for any legal representation. The canvassing board 4219 may retain legal counsel other than the county attorney upon the 4220 affirmative vote of at least two of the members of the board. 4221 (4)PUBLIC MEETING NOTICE. 4222 (a)The county canvassing board shall meet in a building 4223 accessible to the public in the county where the election 4224 occurred at a time and place to be designated by the supervisor 4225 to publicly canvass the absent voters electors ballots as 4226 provided for in s. 101.68 and provisional ballots as provided by 4227 ss. 101.048, 101.049, and 101.6925. During each meeting of the 4228 county canvassing board, each political party and each candidate 4229 may have one watcher able to view directly or on a display 4230 screen ballots being examined for signature matching and other 4231 processes. Provisional ballots cast pursuant to s. 101.049 shall 4232 be canvassed in a manner that votes for candidates and issues on 4233 those ballots can be segregated from other votes. As soon as the 4234 absent voters electors ballots and the provisional ballots are 4235 canvassed, the board shall proceed to publicly canvass the vote 4236 given each candidate, nominee, constitutional amendment, or 4237 other measure submitted to the electorate of the county, as 4238 shown by the returns then on file in the office of the 4239 supervisor. 4240 (b)Public notice of the canvassing board members, 4241 alternates, time, and place at which the county canvassing board 4242 shall meet to canvass the absent voters electors ballots and 4243 provisional ballots must be given at least 48 hours prior 4244 thereto by publication on the countys website as provided in s. 4245 50.0311, on the supervisors website, or in one or more 4246 newspapers of general circulation in the county. If the 4247 applicable website becomes unavailable or there is no newspaper 4248 of general circulation in the county, the notice must be posted 4249 in at least four conspicuous places in the county. The time 4250 given in the notice as to the convening of the meeting of the 4251 county canvassing board must be specific and may not be a time 4252 period during which the board may meet. 4253 (c)If the county canvassing board suspends or recesses a 4254 meeting publicly noticed pursuant to paragraph (b) for a period 4255 lasting more than 60 minutes, the board must post on the 4256 supervisors website the anticipated time at which the board 4257 expects to reconvene. If the county canvassing board does not 4258 reconvene at the specified time, the board must provide at least 4259 2 hours notice, which must be posted on the supervisors 4260 website, before reconvening. 4261 (d)During any meeting of the county canvassing board, a 4262 physical notice must be placed in a conspicuous area near the 4263 public entrance to the building in which the meeting is taking 4264 place. The physical notice must include the names of the 4265 individuals officially serving as the county canvassing board, 4266 the names of any alternate members, the time of the meeting, and 4267 a brief statement as to the anticipated activities of the county 4268 canvassing board. 4269 (5)(3)CANVASS OF RETURNS AND PROVISIONAL BALLOTS.The 4270 canvass, except the canvass of absent voters electors returns 4271 and the canvass of provisional ballots, must shall be made from 4272 the returns and certificates of the inspectors as signed and 4273 filed by them with the supervisor, and the county canvassing 4274 board may shall not change the number of votes cast for a 4275 candidate, nominee, constitutional amendment, or other measure 4276 submitted to the electorate of the county, respectively, in any 4277 polling place, as shown by the returns. All returns must shall 4278 be made to the board on or before 2 a.m. of the day following 4279 any primary, general, or other election. If the returns from any 4280 precinct are missing, if there are any omissions on the returns 4281 from any precinct, or if there is an obvious error on any such 4282 returns, the canvassing board must shall order a retabulation of 4283 the returns from such precinct. Before canvassing such returns, 4284 the canvassing board shall examine the tabulation of the ballots 4285 cast in such precinct and determine whether the returns 4286 correctly reflect the votes cast. If there is a discrepancy 4287 between the returns and the tabulation of the ballots cast, the 4288 tabulation of the ballots cast must shall be presumed correct 4289 and such votes shall be canvassed accordingly. 4290 (4)PRELIMINARY RESULTS. 4291 (a)The supervisor of elections shall upload into the 4292 countys election management system by 7 p.m. local time on the 4293 day before the election the results of all early voting and 4294 vote-by-mail ballots that have been canvassed and tabulated by 4295 the end of the early voting period. Pursuant to ss. 101.5614(8), 4296 101.657, and 101.68(2), the tabulation of votes cast or the 4297 results of such uploads may not be made public before the close 4298 of the polls on election day. 4299 (b)The supervisor of elections, on behalf of the 4300 canvassing board shall report all early voting and all tabulated 4301 vote-by-mail results to the Department of State within 30 4302 minutes after the polls close. Thereafter, the canvassing board 4303 shall report, with the exception of provisional ballot results, 4304 updated precinct election results must be uploaded to the 4305 department at least every 45 minutes until all results are 4306 completely reported. The supervisor of elections shall notify 4307 the department immediately of any circumstances that do not 4308 permit periodic updates as required. Results must shall be 4309 submitted in a format prescribed by the department. 4310 (7)(5)UNOFFICIAL RETURNS. 4311 (a)The canvassing board shall submit on forms or in 4312 formats provided by the division unofficial returns to the 4313 Department of State for each federal, statewide, state, or 4314 multicounty office or ballot measure no later than noon on the 4315 third day after any primary election and no later than noon on 4316 the fourth day after any general or other election. Such returns 4317 must shall include the canvass of all ballots, including write 4318 in votes, as required by subsection (2). 4319 (b)After unofficial results are reported, each county 4320 shall conduct a machine vote validation process to validate that 4321 the votes processed through the vote tabulation system for a 4322 candidate for any office, candidate for retention to a judicial 4323 office, or a measure appearing on the ballot are not within one 4324 half of one percent or less; or if the vote validation process 4325 results in a change in the outcome of the contest, even if by 4326 less than one-half of one percent. The machine vote validation 4327 procedure must be completed no later than noon on the 7th day 4328 after any general or other election. 4329 (c)(6)If the county canvassing board determines, after the 4330 county conducts the automated independent vote validation 4331 process in accordance with s. 101.591 and the comparison of the 4332 results of the vote tabulation and the automated independent 4333 cote validation indicates that the unofficial returns may 4334 contain a counting error in which the vote tabulation system 4335 failed to count votes that were properly marked in accordance 4336 with the instructions on the ballot, the county canvassing board 4337 shall: 4338 1.(a)Correct the error and retabulate the affected ballots 4339 with the vote tabulation system; or 4340 2.(b)Request that the Department of State verify the 4341 tabulation software. When the Department of State verifies such 4342 software, the department shall compare the software used to 4343 tabulate the votes with the software filed with the department 4344 pursuant to s. 101.5607 and check the election parameters. 4345 (8)(7)MANUAL REVIEW. 4346 (a)If the comparison of the results of the vote tabulation 4347 and the automated independent vote validation procedure reflects 4348 a difference of more than one-half of one percent of the results 4349 for any candidate for an office, candidate for retention to 4350 judicial office, or a measure appearing on the ballot, the 4351 proper county election official under the oversight of the 4352 county canvassing board must conduct a manual review using the 4353 images in the vote validation system of the differences, which 4354 must include, but need not be limited to, a review of any clear 4355 overvotes or undervotes that appear in the automated independent 4356 vote validation system to adjudicate the voter intent of such 4357 differences before certification of the countys official 4358 results unofficial returns reflect that a candidate for any 4359 office was defeated or eliminated by one-half of a percent or 4360 less of the votes cast for such office, that a candidate for 4361 retention to a judicial office was retained or not retained by 4362 one-half of a percent or less of the votes cast on the question 4363 of retention, or that a measure appearing on the ballot was 4364 approved or rejected by one-half of a percent or less of the 4365 votes cast on such measure, a recount shall be ordered of the 4366 votes cast with respect to such office or measure. The Secretary 4367 of State is responsible for ordering such manual reviews 4368 recounts in races that are federal or, state races that are, and 4369 multicounty, and any other multicounty races. The county 4370 canvassing board or the local board responsible for certifying 4371 the election is responsible for ordering a manual review under 4372 this subsection recounts in all other races. A manual review 4373 recount need not be ordered with respect to the returns for any 4374 office, however, if the candidate or candidates defeated or 4375 eliminated from contention for such office by one-half of a 4376 percent or less of the votes cast for such office request in 4377 writing that a manual review recount not be made. 4378 (a)Each canvassing board responsible for conducting a 4379 recount shall put each marksense ballot through automatic 4380 tabulating equipment and determine whether the returns correctly 4381 reflect the votes cast. If any marksense ballot is physically 4382 damaged so that it cannot be properly counted by the automatic 4383 tabulating equipment during the recount, a true duplicate shall 4384 be made of the damaged ballot pursuant to the procedures in s. 4385 101.5614(4). Immediately before the start of the recount, a test 4386 of the tabulating equipment shall be conducted as provided in s. 4387 101.5612. If the test indicates no error, the recount tabulation 4388 of the ballots cast shall be presumed correct and such votes 4389 shall be canvassed accordingly. If an error is detected, the 4390 cause therefor shall be ascertained and corrected and the 4391 recount repeated, as necessary. The canvassing board shall 4392 immediately report the error, along with the cause of the error 4393 and the corrective measures being taken, to the Department of 4394 State. No later than 11 days after the election, the canvassing 4395 board shall file a separate incident report with the Department 4396 of State, detailing the resolution of the matter and identifying 4397 any measures that will avoid a future recurrence of the error. 4398 If the automatic tabulating equipment used in a recount is not 4399 part of the voting system and the ballots have already been 4400 processed through such equipment, the canvassing board is not 4401 required to put each ballot through any automatic tabulating 4402 equipment again. 4403 (b)Each canvassing board responsible for conducting a 4404 recount where touchscreen ballots were used shall examine the 4405 counters on the precinct tabulators to ensure that the total of 4406 the returns on the precinct tabulators equals the overall 4407 election return. If there is a discrepancy between the overall 4408 election return and the counters of the precinct tabulators, the 4409 counters of the precinct tabulators shall be presumed correct 4410 and such votes shall be canvassed accordingly. 4411 (c)The canvassing board shall submit on forms or in 4412 formats provided by the division a second set of unofficial 4413 returns to the Department of State for each federal, statewide, 4414 state, or multicounty office or ballot measure. The returns 4415 shall be filed no later than 3 p.m. on the 5th day after any 4416 primary election and no later than 3 p.m. on the 9th day after 4417 any general election in which a recount was ordered by the 4418 Secretary of State. If the canvassing board is unable to 4419 complete the recount prescribed in this subsection by the 4420 deadline, the second set of unofficial returns submitted by the 4421 canvassing board shall be identical to the initial unofficial 4422 returns and the submission shall also include a detailed 4423 explanation of why it was unable to timely complete the recount. 4424 However, the canvassing board shall complete the recount 4425 prescribed in this subsection, along with any manual recount 4426 prescribed in s. 102.166, and certify election returns in 4427 accordance with the requirements of this chapter. 4428 (d)The Department of State shall adopt detailed rules 4429 prescribing additional recount procedures for each certified 4430 voting system, which shall be uniform to the extent practicable. 4431 (8)The canvassing board may employ such clerical help to 4432 assist with the work of the board as it deems necessary, with at 4433 least one member of the board present at all times, until the 4434 canvass of the returns is completed. The clerical help must 4435 shall be paid from the same fund as inspectors and other 4436 necessary election officials. 4437 (c)The canvassing board shall publish notice on the county 4438 website as provided in s. 50.0311, on the supervisor of 4439 elections website, or once in one or more newspapers of general 4440 circulation in the county of the manual review, including the 4441 date, time, and place. Such review is open to the public. 4442 (d)The canvassing board shall submit on forms or in 4443 formats provided by the division a vote validation report to the 4444 department for each federal, statewide, state, or multicounty 4445 office or ballot measure in accordance with paragraph (7)(b). If 4446 the canvassing board is unable to complete the manual review by 4447 the deadline, the vote validation report submitted by the 4448 canvassing board must be identical to the initial unofficial 4449 returns and the submission must also include a detailed 4450 explanation of the reason it was unable to timely complete the 4451 manual review. However, the canvassing board shall complete the 4452 manual review prescribed in this subsection, along with any 4453 manual review prescribed and certify official election returns 4454 in accordance with the requirements of this chapter. 4455 (e)The department shall adopt rules prescribing additional 4456 manual review procedures for each certified voting system, which 4457 must be uniform to the extent practicable. 4458 (9)Each member, substitute member, and alternate member of 4459 the county canvassing board and all clerical help must wear 4460 identification badges during any period in which the county 4461 canvassing board is canvassing votes or engaging in other 4462 official duties. The identification badges should be worn in a 4463 conspicuous and unobstructed area, and include the name of the 4464 individual and his or her official position. 4465 (10)(a)The supervisor shall file a report with the 4466 Division of Elections on the conduct of the election no later 4467 than 20 business days after the Elections Canvassing Commission 4468 certifies the election. The report must, at a minimum, describe 4469 all of the following: 4470 1.All equipment or software malfunctions at the precinct 4471 level, at a counting location, or within computer and 4472 telecommunications networks supporting a county location, and 4473 the steps that were taken to address the malfunctions. 4474 2.All election definition errors that were discovered 4475 after the logic and accuracy test, and the steps that were taken 4476 to address the errors. 4477 3.All ballot printing errors, vote-by-mail ballot mailing 4478 errors, or ballot supply problems, and the steps that were taken 4479 to address the errors or problems. 4480 4.All staffing shortages or procedural violations by 4481 employees or precinct workers which were addressed by the 4482 supervisor of elections or the county canvassing board during 4483 the conduct of the election, and the steps that were taken to 4484 correct such issues. 4485 5.All instances where needs for staffing or equipment were 4486 insufficient to meet the needs of the voters. 4487 6.Any additional information regarding material issues or 4488 problems associated with the conduct of the election. 4489 (b)If a supervisor discovers new or additional information 4490 on any of the items required to be included in the report 4491 pursuant to paragraph (a) after the report is filed, the 4492 supervisor must notify the division that new information has 4493 been discovered no later than the next business day after the 4494 discovery, and the supervisor must file an amended report signed 4495 by the supervisor of elections on the conduct of the election 4496 within 10 days after the discovery. 4497 (c)Such reports must be maintained on file in the Division 4498 of Elections and must be available for public inspection. 4499 (d)The division shall review the conduct of election 4500 reports to determine what problems may be likely to occur in 4501 other elections and disseminate such information, along with 4502 possible solutions and training, to the supervisors of 4503 elections. 4504 (e)The department shall submit the analysis of these 4505 reports for the general election as part of the consolidated 4506 reports required under ss. 101.591 and 101.595 to the Governor, 4507 the President of the Senate, and the Speaker of the House of 4508 Representatives by February 15 of each year following a general 4509 election. 4510 (11)The supervisor shall file with the department a copy 4511 of or an export file from the results database of the countys 4512 voting system and other statistical information as may be 4513 required by the department, the Legislature, or the Election 4514 Assistance Commission. The department shall adopt rules 4515 establishing the required content and acceptable formats for the 4516 filings and time for filings. 4517 Section 64.Section 102.143, Florida Statutes, is created 4518 to read: 4519 102.143Conduct of election report. 4520 (1)(a)The supervisor shall file a report with the division 4521 on the conduct of the election no later than 20 business days 4522 after the Election Canvassing Commission certifies the election. 4523 The report must, at a minimum, describe all of the following: 4524 1.All equipment or software malfunctions at the precinct 4525 level, at a counting location, or within computer and 4526 telecommunications networks supporting a county location and the 4527 steps that were taken to address the errors. 4528 2.All election definition errors that were discovered 4529 after the logic and accuracy test, and the steps that were taken 4530 to address the errors. 4531 3.All ballot printing errors, vote-by-mail mailing errors, 4532 or ballot supply problems and the steps that were taken to 4533 address the errors or problems. 4534 4.All staffing shortages or procedural violations by 4535 employees or precinct workers which were addressed by the 4536 supervisor of elections or the county canvassing board during 4537 the conduct of the election, and the steps that were taken to 4538 correct such issues. 4539 5.All instances where needs for staffing or equipment were 4540 insufficient to meet the needs of the voters. 4541 6.Any additional information regarding material issues or 4542 problems associated with the conduct of the election. 4543 (b)If a supervisor discovers new or additional information 4544 for any of the items required to be included in the report 4545 pursuant to paragraph (a) after the report is filed, the 4546 supervisor must notify the division that new information has 4547 been discovered no later than the next business day after the 4548 discovery, and the supervisor must file an amended report signed 4549 by the supervisor of elections on the conduct of the election 4550 within 10 days after the discovery. 4551 (c)Such reports must be maintained on file in the division 4552 and must be available for public inspection. 4553 (2)The division shall review the conduct of election 4554 reports to determine what problems may be likely to occur in 4555 other elections and disseminate such information, along with 4556 possible solutions and training, to the supervisors of 4557 elections. 4558 (3)For the general election, the department shall submit 4559 the analysis of these reports as part of the consolidated 4560 reports required under ss. 101.591 and 101.595 to the Governor, 4561 the President of the Senate, and the Speaker of the House of 4562 Representatives by February 15 of each year following a general 4563 election. 4564 Section 65.Section 102.166, Florida Statutes, is amended 4565 to read: 4566 102.166Manual review recounts of overvotes and 4567 undervotes. 4568 (1)If the comprehensive, validated results of the 4569 automated independent vote validation process conducted second 4570 set of unofficial returns pursuant to ss. 101.591 and 102.141 s. 4571 102.141 indicates that a candidate for any office was defeated 4572 or eliminated by one-quarter of a percent or less of the votes 4573 cast for such office, that a candidate for retention to a 4574 judicial office was retained or not retained by one-quarter of a 4575 percent or less of the votes cast on the question of retention, 4576 or that a measure appearing on the ballot was approved or 4577 rejected by one-quarter of a percent or less of the votes cast 4578 on such measure, a manual review recount of the overvotes and 4579 undervotes cast in the entire geographic jurisdiction of such 4580 office or ballot measure must shall be ordered unless: 4581 (a)The candidate or candidates defeated or eliminated from 4582 contention by one-quarter of 1 percent or fewer of the votes 4583 cast for such office request in writing that a manual review 4584 recount not be made; or 4585 (b)The number of overvotes and undervotes is fewer than 4586 the number of votes needed to change the outcome of the 4587 election. 4588 4589 The Secretary of State is responsible for ordering such manual 4590 review in races that are a manual recount for federal or, state 4591 races that are multicounty, and any other multicounty races. The 4592 county canvassing board or local board responsible for 4593 certifying the election is responsible for ordering a manual 4594 review recount for all other races. A manual review recount 4595 consists of a review recount of paper marksense ballots and if 4596 an independent tabulation system is used, or of digital images 4597 of those ballots by a person. 4598 (2)Any hardware or software used to identify and sort 4599 overvotes and undervotes for a given race or ballot measure must 4600 be certified by the Department of State. Any such hardware or 4601 software must be capable of simultaneously identifying and 4602 sorting overvotes and undervotes in multiple races while 4603 simultaneously counting votes. Overvotes and undervotes must be 4604 identified and sorted while conducting the vote validation 4605 process recounting ballots pursuant to s. 102.141. Overvotes and 4606 undervotes may be identified and sorted physically or digitally. 4607 (3)Any manual review is recount shall be open to the 4608 public. Each political party may designate one person with 4609 expertise in the computer field who must be allowed in the 4610 central counting room when all tests are being conducted and 4611 when the official votes are being counted. The designee may not 4612 interfere with the normal operation of the canvassing board. 4613 (4)(a)A vote for a candidate or ballot measure must shall 4614 be counted if there is a clear indication on the ballot that the 4615 voter has made a definite choice. 4616 (b)The Department of State shall adopt specific rules for 4617 the federal write-in absentee ballot and for each certified 4618 voting system prescribing what constitutes a clear indication 4619 on the ballot that the voter has made a definite choice. The 4620 rules must shall be consistent, to the extent practicable, and 4621 may not: 4622 1.Authorize the use of any electronic or electromechanical 4623 reading device to review a hybrid voting system ballot that is 4624 produced using a voter interface device and that contains both 4625 machine-readable fields and machine-printed text of the contest 4626 titles and voter selections, unless the printed text is 4627 illegible; 4628 2.Exclusively provide that the voter must properly mark or 4629 designate his or her choice on the ballot; or 4630 3.Contain a catch-all provision that fails to identify 4631 specific standards, such as any other mark or indication 4632 clearly indicating that the voter has made a definite choice. 4633 (c)The rule for the federal write-in absentee ballot must 4634 address, at a minimum, the following issues: 4635 1.The appropriate lines or spaces for designating a 4636 candidate choice and, for state and local races, the office or 4637 ballot measure to be voted, including the proximity of each to 4638 the other and the effect of intervening blank lines. 4639 2.The sufficiency of designating a candidates first or 4640 last name when no other candidate in the race has the same or a 4641 similar name. 4642 3.The sufficiency of designating a candidates first or 4643 last name when an opposing candidate has the same or a similar 4644 name, notwithstanding generational suffixes and titles such as 4645 Jr., Sr., or III. The rule should contemplate the 4646 sufficiency of additional first names and first initials, middle 4647 names and middle initials, generational suffixes and titles, 4648 nicknames, and, in general elections, the name or abbreviation 4649 of a political party. 4650 4.Candidate designations containing both a qualified 4651 candidates name and a political party, including those in which 4652 the party designated is the candidates party, is not the 4653 candidates party, has an opposing candidate in the race, or 4654 does not have an opposing candidate in the race. 4655 5.Situations where the abbreviation or name of a candidate 4656 is the same as the abbreviation or name of a political party to 4657 which the candidate does not belong, including those in which 4658 the party designated has another candidate in the race or does 4659 not have a candidate in the race. 4660 6.The use of marks, symbols, or language, such as arrows, 4661 quotation marks, or the word same or ditto, to indicate that 4662 the same political party designation applies to all listed 4663 offices or the electors approval or disapproval of all listed 4664 ballot measures. 4665 7.Situations in which an elector designates the name of a 4666 qualified candidate for an incorrect office. 4667 8.Situations in which an elector designates an otherwise 4668 correct office name that includes an incorrect district number. 4669 (5)Procedures for a manual review recount are as follows: 4670 (a)The county canvassing board shall appoint as many 4671 counting teams of at least two electors as is necessary to 4672 manually review recount the ballots. A counting team must have, 4673 when possible, members of at least two political parties. A 4674 candidate involved in the race shall not be a member of the 4675 counting team. 4676 (b)Each duplicate ballot prepared pursuant to s. 4677 101.5614(4) or s. 102.141(8) s. 102.141(7) shall be compared 4678 with the original ballot to ensure the correctness of the 4679 duplicate. 4680 (c)If a counting team is unable to determine whether the 4681 ballot contains a clear indication that the voter has made a 4682 definite choice, the ballot must shall be presented to the 4683 county canvassing board for a determination. 4684 (d)The Department of State shall adopt detailed rules 4685 prescribing additional review recount procedures for each 4686 certified voting system which must shall be uniform to the 4687 extent practicable. The rules must, at a minimum, shall address, 4688 at a minimum, the following areas: 4689 1.Security of ballots during the manual review recount 4690 process; 4691 2.Time and place of manual reviews recounts; 4692 3.Public observance of manual reviews recounts; 4693 4.Objections to ballot determinations; 4694 5.Record of manual review recount proceedings; 4695 6.Procedures relating to candidate and petitioner 4696 representatives; and 4697 7.Procedures relating to the certification and the use of 4698 automatic tabulating equipment that is not part of a voting 4699 system. 4700 (6)Nothing in this section precludes a county canvassing 4701 board or local board involved in the manual review recount from 4702 comparing a digital image of a ballot to the corresponding 4703 physical paper ballot during a manual review recount. 4704 Section 66.Subsections (1), (3), and (4) of section 4705 103.021, Florida Statutes, are amended to read: 4706 103.021Nomination for presidential electors.Candidates 4707 for presidential electors shall be nominated in the following 4708 manner: 4709 (1)(a)The Governor shall nominate the presidential 4710 electors of each political party. The state executive committee 4711 of each political party shall by resolution recommend candidates 4712 for presidential electors equal to the number of senators and 4713 representatives which this state has in Congress and deliver a 4714 certified copy thereof to the Governor no later than noon on the 4715 third day after the primary election in August 24 of each 4716 presidential election year. The Governor shall nominate only the 4717 electors recommended by the state executive committee of the 4718 respective political party. 4719 (b)The state executive committee of each political party 4720 shall also certify to the Governor submit the Florida voter 4721 registration number and contact information of each presidential 4722 elector recommended no later than noon on the third day after 4723 the primary election in each presidential election year. Contact 4724 information must include mailing address, phone number, and e 4725 mail address. Each such presidential elector must be a qualified 4726 registered voter of this state and member of the party he or she 4727 represents who has taken a written oath that he or she will vote 4728 for the candidates of the party that he or she is nominated to 4729 represent. 4730 (c)The state executive committee of each political party 4731 shall also certify to the Governor and submit the names of its 4732 candidates for President and Vice President of the United States 4733 no later than noon on the third day after the primary election 4734 in each presidential election year. 4735 (d)The Governor shall certify to the Department of State 4736 each political partys submission no later than 5 p.m. on the 4737 third day after the primary election August 24, in each 4738 presidential election year, the names of a number of electors 4739 for each political party equal to the number of senators and 4740 representatives which this state has in Congress. 4741 (3)Candidates for President and Vice President with no 4742 party affiliation may have their names printed on the general 4743 election ballots if a petition is signed by 1 percent of the 4744 registered voters of this state, as shown by the compilation by 4745 the Department of State for the last preceding general election. 4746 A separate petition from each county for which signatures are 4747 solicited must shall be submitted to the supervisor of elections 4748 of the respective county no later than noon on July 15 of each 4749 presidential election year. The supervisor shall check the names 4750 and, on or before the date of the primary election, shall 4751 certify the number shown as registered voters of the county. The 4752 supervisor shall be paid by the person requesting the 4753 certification the cost of checking the petitions as prescribed 4754 in s. 99.097. The supervisor shall then forward the certificate 4755 to the Department of State which must shall determine whether or 4756 not the percentage factor required in this section has been met. 4757 If When the percentage factor required in this section has been 4758 met, the candidates must submit to the Department of State no 4759 later than 5 p.m. on the third day after the primary election in 4760 each presidential election year, a certificate listing the name, 4761 Florida voter registration number, and contact information of 4762 each presidential elector equal to the number of senators and 4763 representatives which this state has in Congress. Contact 4764 information must include mailing address, phone number, and e 4765 mail address. Each such presidential elector must be a qualified 4766 voter of this state and registered as unaffiliated with any 4767 political party and must have taken a written oath that he or 4768 she will vote for the candidates that he or she is nominated to 4769 represent. Upon timely certification, the department shall order 4770 the names of the candidates for whom the petition was circulated 4771 to be included on the ballot and shall allow the required number 4772 of persons to be certified as presidential electors in the same 4773 manner as party candidates. 4774 (4)(a)A minor political party that is affiliated with a 4775 national party holding a national convention to nominate 4776 candidates for President and Vice President of the United States 4777 may have the names of its candidates for President and Vice 4778 President of the United States printed on the general election 4779 ballot by filing with the Department of State a certificate 4780 naming the candidates for President and Vice President and 4781 listing the name, Florida voter registration number, and contact 4782 information of each presidential elector equal to the number of 4783 senators and representatives which this state has in Congress. 4784 Contact information must include mailing address, phone number, 4785 and e-mail address. Each such presidential elector must be a 4786 qualified voter of this state and registered as a member of the 4787 minor political party and must have taken a written oath that he 4788 or she will vote for the candidates that he or she is nominated 4789 to represent required number of persons to serve as presidential 4790 electors. Notification to the Department of State under this 4791 subsection must be made no later than 5 p.m. on the third day 4792 after the primary election in the presidential election August 4793 24 of the year in which the general election is held. Upon 4794 timely certification, When the Department of State has been so 4795 notified, it shall order the names of the candidates nominated 4796 by the minor political party to be included on the ballot and 4797 shall allow the required number of persons to be certified as 4798 presidential electors in the same manner as other party 4799 candidates. As used in this section, the term national party 4800 means a political party that is registered with and recognized 4801 as a qualified national committee of a political party by the 4802 Federal Election Commission. 4803 (b)A minor political party that is not affiliated with a 4804 national party holding a national convention to nominate 4805 candidates for President and Vice President of the United States 4806 may have the names of its candidates for President and Vice 4807 President printed on the general election ballot if a petition 4808 for the minor political party is signed by 1 percent of the 4809 registered voters of this state, as shown by the compilation by 4810 the Department of State for the preceding general election. A 4811 separate petition from each county for which signatures are 4812 solicited must be submitted to the supervisors of elections of 4813 the respective county no later than noon on July 15 of each 4814 presidential election year. The supervisor shall check the names 4815 and, on or before the date of the primary election, shall 4816 certify the number shown as registered voters of the county. The 4817 supervisor shall be paid by the person requesting the 4818 certification the cost of checking the petitions as prescribed 4819 in s. 99.097. The supervisor shall then forward the certificate 4820 to the Department of State, which shall determine whether or not 4821 the percentage factor required in this section has been met. If 4822 When the percentage factor required in this section has been 4823 met, the minor political party must submit to the Department of 4824 State no later than 5 p.m. on the third day after the primary 4825 election in each presidential election year, a certificate 4826 nominating its candidates for President and Vice President and 4827 listing the name, Florida voter registration number, and contact 4828 information of each presidential elector equal to the number of 4829 senators and representatives which this state has in Congress. 4830 Contact information must include a mailing address, a phone 4831 number, and an e-mail address. Each such presidential elector 4832 must be a qualified voter of this state and registered as 4833 unaffiliated with any political party and must have taken a 4834 written oath that he or she will vote for the candidates that he 4835 or she is nominated to represent. Upon timely certification, the 4836 department shall order the names of the candidates for whom the 4837 petition was circulated to be included on the ballot and shall 4838 allow the required number of persons to be certified as 4839 presidential electors in the same manner as other party 4840 candidates. 4841 Section 67.Subsection (2) of section 103.121, Florida 4842 Statutes, is amended to read: 4843 103.121Powers and duties of executive committees. 4844 (2)The chair and treasurer of an executive committee of 4845 any political party shall be accountable for the funds of such 4846 committee and jointly liable for their proper expenditure for 4847 authorized purposes only. The funds of each such state executive 4848 committee shall be publicly audited by a licensed certified 4849 public accountant at the end of each calendar year and a copy of 4850 such audit furnished to the Department of State for its 4851 examination prior to April 1 of the ensuing year. When filed 4852 with the Department of State, copies of such audit shall be 4853 public documents. The treasurer of each county executive 4854 committee shall maintain adequate records evidencing receipt and 4855 disbursement of all party funds received by him or her, and such 4856 records shall be publicly audited by a licensed certified public 4857 accountant at the end of each calendar year and a copy of such 4858 audit filed with the supervisor of elections and the state 4859 executive committee prior to April 1 of the ensuing year. 4860 Section 68.Effective upon becoming a law, section 104.045, 4861 Florida Statutes, is amended to read: 4862 104.045Vote selling.Any person who: 4863 (1)Corruptly offers to vote for or against, or to refrain 4864 from voting for or against, any candidate in any election, or to 4865 submit a petition form or refrain from submitting a petition 4866 form for any initiative or candidate petition, in return for 4867 pecuniary or other benefit; or 4868 (2)Accepts a pecuniary or other benefit in exchange for a 4869 promise to vote for or against, or to refrain from voting for or 4870 against, any candidate in any election, or to submit a petition 4871 form or refrain from submitting a petition form for any 4872 initiative or candidate petition, 4873 4874 is guilty of a felony of the third degree, punishable as 4875 provided in s. 775.082, s. 775.083, or s. 775.084. 4876 Section 69.Subsections (3) and (4) are added to section 4877 104.047, Florida Statutes, to read: 4878 104.047Vote-by-mail ballots and voting; violations. 4879 (3)Any private or commercial mail forwarding delivery 4880 courier or service may not further forward any voters official 4881 vote-by-mail ballot or envelope that has been delivered to the 4882 couriers or services address. A person who willfully violates 4883 this subsection is guilty of a felony of the third degree, 4884 punishable as provided s. 775.082, s. 775.083, or s. 775.084. 4885 (4)If a person physically collects a voters request for a 4886 vote-by-mail ballot and copies or retains the voters request or 4887 copies or retains a voters personal information, such as the 4888 voters Florida driver license number, Florida identification 4889 card number, social security number, or signature on such 4890 request, the person commits a felony of the third degree, 4891 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 4892 Section 70.Effective upon becoming a law, section 104.186, 4893 Florida Statutes, is repealed. 4894 Section 71.Effective upon becoming a law, section 104.187, 4895 Florida Statutes, is amended to read: 4896 104.187Initiative petitions; registration.A person who 4897 violates s. 100.371(2) s. 100.371(3) commits a misdemeanor of 4898 the second degree, punishable as provided in s. 775.082 or s. 4899 775.083. 4900 Section 72.Section 105.09, Florida Statutes, is repealed. 4901 Section 73.Paragraph (a) of subsection (1) of section 4902 106.021, Florida Statutes, is amended to read: 4903 106.021Campaign treasurers; deputies; primary and 4904 secondary depositories. 4905 (1)(a)Each candidate for nomination or election to office 4906 and each political committee shall appoint a campaign treasurer. 4907 Each person who seeks to qualify for nomination or election to, 4908 or retention in, office shall appoint a campaign treasurer and 4909 designate a primary campaign depository before qualifying for 4910 office. A candidate may not appoint himself or herself, or a 4911 member of the candidates immediate family as defined in s. 4912 101.62(1)(d), as the treasurer of his or her own campaign. Any 4913 person who seeks to qualify for election or nomination to any 4914 office by means of the petitioning process shall appoint a 4915 treasurer and designate a primary depository on or before the 4916 date he or she obtains the petitions. At the same time a 4917 candidate designates a campaign depository and appoints a 4918 treasurer, the candidate shall also designate the office for 4919 which he or she is a candidate. If the candidate is running for 4920 an office that will be grouped on the ballot with two or more 4921 similar offices to be filled at the same election, the candidate 4922 must indicate for which group or district office he or she is 4923 running. This subsection does not prohibit a candidate, at a 4924 later date, from changing the designation of the office for 4925 which he or she is a candidate. However, if a candidate changes 4926 the designated office for which he or she is a candidate, the 4927 candidate must notify all contributors in writing of the intent 4928 to seek a different office and offer to return pro rata, upon 4929 their request, those contributions given in support of the 4930 original office sought. This notification must shall be given 4931 within 15 days after the filing of the change of designation and 4932 shall include a standard form developed by the Division of 4933 Elections for requesting the return of contributions. The notice 4934 requirement does not apply to any change in a numerical 4935 designation resulting solely from redistricting. If, within 30 4936 days after being notified by the candidate of the intent to seek 4937 a different office, the contributor notifies the candidate in 4938 writing that the contributor wishes his or her contribution to 4939 be returned, the candidate must shall return the contribution, 4940 on a pro rata basis, calculated as of the date the change of 4941 designation is filed. Up to a maximum of the contribution limits 4942 specified in s. 106.08, a candidate who runs for an office other 4943 than the office originally designated may use any contribution 4944 that a donor does not request be returned within the 30-day 4945 period for the newly designated office, provided the candidate 4946 disposes of any amount exceeding the contribution limit pursuant 4947 to the options in s. 106.11(5)(b) and (c) or s. 106.141(4)(a)1., 4948 2., or 4.; notwithstanding, the full amount of the contribution 4949 for the original office shall count toward the contribution 4950 limits specified in s. 106.08 for the newly designated office. A 4951 person may not accept any contribution or make any expenditure 4952 with a view to bringing about his or her nomination, election, 4953 or retention in public office, or authorize another to accept 4954 such contributions or make such expenditure on the persons 4955 behalf, unless such person has appointed a campaign treasurer 4956 and designated a primary campaign depository. A candidate for an 4957 office voted upon statewide may appoint not more than 15 deputy 4958 campaign treasurers, and any other candidate or political 4959 committee may appoint not more than 3 deputy campaign 4960 treasurers. The names and addresses of the campaign treasurer 4961 and deputy campaign treasurers so appointed must shall be filed 4962 with the officer before whom such candidate is required to 4963 qualify or with whom such political committee is required to 4964 register pursuant to s. 106.03. 4965 Section 74.Paragraph (a) of subsection (4) of section 4966 106.07, Florida Statutes, is amended to read: 4967 106.07Reports; certification and filing. 4968 (4)(a)Except for daily reports, to which only the 4969 contributions provisions below apply, and except as provided in 4970 paragraph (b), each report required by this section must 4971 contain: 4972 1.The full name, address, and occupation, if any, of each 4973 person who has made one or more contributions to or for such 4974 committee or candidate within the reporting period, together 4975 with the amount and date of such contributions. For 4976 corporations, the report must provide as clear a description as 4977 practicable of the principal type of business conducted by the 4978 corporation. However, if the contribution is $100 or less or is 4979 from a relative, as defined in s. 112.312, provided that the 4980 relationship is reported, the occupation of the contributor or 4981 the principal type of business need not be listed. 4982 2.The name and address of each political committee from 4983 which the reporting committee or the candidate received, or to 4984 which the reporting committee or candidate made, any transfer of 4985 funds, together with the amounts and dates of all transfers. 4986 3.a.Each loan for campaign purposes to or from any person 4987 or political committee within the reporting period, together 4988 with the full names, addresses, and occupations, and principal 4989 places of business, if any, of the lender and endorsers, if any, 4990 and the date and amount of such loans. 4991 b.(I)If a candidate makes a loan of more than $500 to his 4992 or her own committee, the candidate also must file an affidavit 4993 attesting that the loan is from his or her own funds and 4994 identifying the financial institutions from which the loan was 4995 made and received. Within 7 days after making such loan, the 4996 candidate must file an affidavit with the officer before whom 4997 the candidate is required by law to qualify. All candidates who 4998 file with the Department of State shall file their affidavits 4999 pursuant to s. 106.0705. Except as provided in s. 106.0705, 5000 affidavits must be filed no later than 5 p.m. of the day 5001 designated; however, any affidavit postmarked by the United 5002 States Postal Service no later than midnight of the day 5003 designated is deemed to have been filed in a timely manner. Any 5004 affidavit received by the filing officer within 5 days after the 5005 designated due date that was delivered by the United States 5006 Postal Service is deemed timely filed unless it has a postmark 5007 that indicates that the affidavit was mailed after the 5008 designated due date. A certificate of mailing obtained from and 5009 dated by the United States Postal Service at the time of 5010 mailing, or a receipt from an established courier company, which 5011 bears a date on or before the date on which the affidavit is 5012 due, suffices as proof of mailing in a timely manner. Affidavits 5013 are open to public inspection. 5014 (II)This sub-subparagraph does not prohibit the governing 5015 body of a political subdivision, by ordinance or resolution, 5016 from imposing upon its own officers and candidates electronic 5017 filing requirements not in conflict with s. 106.0705. 5018 Expenditure of public funds for such purpose is deemed to be for 5019 a valid public purpose. 5020 (III)If a candidate fails to submit the affidavit as 5021 required by sub-sub-subparagraph (I), he or she must be fined 5022 $50 for each date. 5023 4.A statement of each contribution, rebate, refund, or 5024 other receipt not otherwise listed under subparagraphs 1. 5025 through 3. 5026 5.The total sums of all loans, in-kind contributions, and 5027 other receipts by or for such committee or candidate during the 5028 reporting period. The reporting forms shall be designed to 5029 elicit separate totals for in-kind contributions, loans, and 5030 other receipts. 5031 6.The full name and address of each person to whom 5032 expenditures have been made by or on behalf of the committee or 5033 candidate within the reporting period; the amount, date, and 5034 purpose of each such expenditure; and the name and address of, 5035 and office sought by, each candidate on whose behalf such 5036 expenditure was made. However, expenditures made from the petty 5037 cash fund provided by s. 106.12 need not be reported 5038 individually. 5039 7.The full name and address of each person to whom an 5040 expenditure for personal services, salary, or reimbursement for 5041 authorized expenses as provided in s. 106.021(3) has been made 5042 and which is not otherwise reported, including the amount, date, 5043 and purpose of such expenditure. However, expenditures made from 5044 the petty cash fund provided for in s. 106.12 need not be 5045 reported individually. Receipts for reimbursement for authorized 5046 expenditures shall be retained by the treasurer along with the 5047 records for the campaign account. 5048 8.The total amount withdrawn and the total amount spent 5049 for petty cash purposes pursuant to this chapter during the 5050 reporting period. 5051 9.The total sum of expenditures made by such committee or 5052 candidate during the reporting period. 5053 10.The amount and nature of debts and obligations owed by 5054 or to the committee or candidate, which relate to the conduct of 5055 any political campaign. 5056 11.Transaction information for each credit card purchase. 5057 Receipts for each credit card purchase shall be retained by the 5058 treasurer with the records for the campaign account. 5059 12.The amount and nature of any separate interest-bearing 5060 accounts or certificates of deposit and identification of the 5061 financial institution in which such accounts or certificates of 5062 deposit are located. 5063 13.The primary purposes of an expenditure made indirectly 5064 through a campaign treasurer pursuant to s. 106.021(3) for goods 5065 and services such as communications media placement or 5066 procurement services, campaign signs, insurance, and other 5067 expenditures that include multiple components as part of the 5068 expenditure. The primary purpose of an expenditure shall be that 5069 purpose, including integral and directly related components, 5070 that comprises 80 percent of such expenditure. 5071 Section 75.Subsection (12) of section 106.08, Florida 5072 Statutes, is amended to read: 5073 106.08Contributions; limitations on. 5074 (12)(a)1.For purposes of this subsection, the term 5075 foreign national means: 5076 a.A foreign government; 5077 b.A foreign political party; 5078 c.A foreign corporation, partnership, association, 5079 organization, or other combination of persons organized under 5080 the laws of or having its principal place of business in a 5081 foreign country; 5082 d.A person with foreign citizenship; or 5083 e.A person who is not a citizen or national of the United 5084 States and is not lawfully admitted to the United States for 5085 permanent residence. 5086 2.The term does not include: 5087 a.A person who is a dual citizen or dual national of the 5088 United States and a foreign country. 5089 b.A domestic subsidiary of a foreign corporation, 5090 partnership, association, organization, or other combination of 5091 persons organized under the laws of or having its principal 5092 place of business in a foreign country if: 5093 (I)The donations and disbursements used toward a 5094 contribution or an expenditure are derived entirely from funds 5095 generated by the subsidiarys operations in the United States; 5096 and 5097 (II)All decisions concerning donations and disbursements 5098 used toward a contribution or an expenditure are made by 5099 individuals who either hold United States citizenship or are 5100 permanent residents of the United States. For purposes of this 5101 sub-sub-subparagraph, decisions concerning donations and 5102 disbursements do not include decisions regarding the 5103 subsidiarys overall budget for contributions or expenditures in 5104 connection with an election. 5105 (b)A foreign national may not make or offer to make, 5106 directly or indirectly, a contribution or expenditure in 5107 connection with any election held in the state, including any of 5108 the following: 5109 1.In support or opposition to a candidate for any elective 5110 office in this state, including an office of a political party. 5111 2.In support or opposition to a statewide ballot issue or 5112 question, regardless of whether the ballot issue or question has 5113 yet been certified to appear on the ballot. 5114 3.For the direct cost of producing or airing an 5115 electioneering communication. 5116 4.To a candidate, campaign committee, political action 5117 committee, political contributing entity, legislative campaign 5118 fund, state candidate fund, to any committee created to support 5119 or oppose a ballot issue or question, or, to the maximum extent 5120 permitted by law and by the Constitution of the United States 5121 and the State Constitution, to a continuing association. 5122 (c)A foreign national may not promise, either expressly or 5123 implicitly, to make a contribution, an expenditure, an 5124 independent expenditure, or disbursement described in 5125 subparagraph (b)1., subparagraph (b)2., subparagraph (b)3., or 5126 subparagraph (b)4. 5127 (d)A political party, a political committee, a committee 5128 created to support or oppose a ballot issue or question, an 5129 electioneering communications organization, or a candidate may 5130 not knowingly accept or solicit directly or indirectly, a 5131 contribution from a foreign national in connection with any 5132 election held in this state. A person who violates this section 5133 commits a felony of the third degree, punishable as provided in 5134 s. 775.082, s. 775.083, or s. 775.084. 5135 (e)1.A person who knowingly violates paragraph (b) commits 5136 a misdemeanor of the first degree on a first offense and commits 5137 a felony of the third degree on a second or subsequent offense. 5138 The violator shall also be fined an amount equal to three times 5139 the amount involved in the violation or $10,000, whichever is 5140 greater. 5141 2.A person who knowingly violates paragraph (c) commits a 5142 misdemeanor of the first degree on a first offense and commits a 5143 felony of the third degree on a second or subsequent offense. 5144 The violator shall also be fined an amount equal to three times 5145 the amount involved in the violation or $10,000 dollars, 5146 whichever amount is greater, and is required to return the total 5147 amount accepted in violation of this section to the division. 5148 Section 76.Paragraph (a) of subsection (1) of section 5149 106.087, Florida Statutes, is amended to read: 5150 106.087Independent expenditures; contribution limits; 5151 restrictions on political parties and political committees. 5152 (1)(a)As a condition of receiving a rebate of filing fees 5153 and party assessment funds pursuant to s. 99.061(1)(b) s. 5154 99.061(2), s. 99.092(1), s. 99.103, or s. 103.121(1)(b), the 5155 chair or treasurer of a state or county executive committee 5156 shall take and subscribe to an oath or affirmation in writing. 5157 During the qualifying period for state candidates and prior to 5158 distribution of such funds, a printed copy of the oath or 5159 affirmation shall be filed with the Secretary of State and shall 5160 be substantially in the following form: 5161 5162 State of Florida 5163 County of.... 5164 Before me, an officer authorized to administer oaths, 5165 personally appeared ...(name)..., to me well known, who, being 5166 sworn, says that he or she is the ...(title)... of the ...(name 5167 of party)......(state or specified county)... executive 5168 committee; that the executive committee has not made, either 5169 directly or indirectly, an independent expenditure in support of 5170 or opposition to a candidate or elected public official in the 5171 prior 6 months; that the executive committee will not make, 5172 either directly or indirectly, an independent expenditure in 5173 support of or opposition to a candidate or elected public 5174 official, through and including the upcoming general election; 5175 and that the executive committee will not violate the 5176 contribution limits applicable to candidates under s. 106.08(2), 5177 Florida Statutes. 5178 ...(Signature of committee officer)... 5179 ...(Address)... 5180 5181 Sworn to and subscribed before me this .... day of ...., 5182 ...(year)..., at .... County, Florida. 5183 ...(Signature and title of officer administering oath)... 5184 Section 77.Effective upon becoming a law, subsection (3) 5185 of section 106.19, Florida Statutes, is amended to read: 5186 106.19Violations by candidates, persons connected with 5187 campaigns, and political committees. 5188 (3)A political committee sponsoring a constitutional 5189 amendment proposed by initiative which submits a petition form 5190 gathered by a paid petition circulator which does not provide 5191 the name and address of the paid petition circulator on the form 5192 is subject to the civil penalties prescribed in s. 106.265. 5193 Section 78.Section 113.01, Florida Statutes, is repealed. 5194 Section 79.Section 113.02, Florida Statutes, is repealed. 5195 Section 80.Section 113.03, Florida Statutes, is repealed. 5196 Section 81.Section 113.051, Florida Statutes, is amended 5197 to read: 5198 113.051Grants and commissions.All grants and commissions 5199 shall be in the name and under the authority of the State of 5200 Florida, sealed with the great seal of the state, signed by the 5201 Governor, and countersigned by the Secretary of State. A 5202 commission may not be issued by the Governor or attested to by 5203 the Secretary of State or bear the deal of the state until the 5204 oath of office is filed as required by s. 113.06. 5205 Section 82.Effective upon becoming a law, paragraph (c) of 5206 subsection (1) of section 212.055, Florida Statutes, is amended 5207 to read: 5208 212.055Discretionary sales surtaxes; legislative intent; 5209 authorization and use of proceeds.It is the legislative intent 5210 that any authorization for imposition of a discretionary sales 5211 surtax shall be published in the Florida Statutes as a 5212 subsection of this section, irrespective of the duration of the 5213 levy. Each enactment shall specify the types of counties 5214 authorized to levy; the rate or rates which may be imposed; the 5215 maximum length of time the surtax may be imposed, if any; the 5216 procedure which must be followed to secure voter approval, if 5217 required; the purpose for which the proceeds may be expended; 5218 and such other requirements as the Legislature may provide. 5219 Taxable transactions and administrative procedures shall be as 5220 provided in s. 212.054. 5221 (1)CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM 5222 SURTAX. 5223 (c)1.The proposal to adopt a discretionary sales surtax as 5224 provided in this subsection and to create a trust fund within 5225 the county accounts shall be placed on the ballot in accordance 5226 with law and must be approved in a referendum held at a general 5227 election in accordance with subsection (10). 5228 2.If the proposal to adopt a surtax is by initiative, the 5229 petition sponsor must, at least 180 days before the proposed 5230 referendum, comply with all of the following: 5231 a.Provide a copy of the final resolution or ordinance to 5232 the Office of Program Policy Analysis and Government 5233 Accountability. The Office of Program Policy Analysis and 5234 Government Accountability shall procure a certified public 5235 accountant in accordance with subsection (11) for the 5236 performance audit. 5237 b.File the initiative petition and its required valid 5238 signatures with the supervisor of elections. The supervisor of 5239 elections shall verify signatures and retain signature forms in 5240 the same manner as required for initiatives under s. 100.371(6) 5241 s. 100.371(11). 5242 3.The failure of an initiative sponsor to comply with the 5243 requirements of subparagraph 2. renders any referendum held 5244 void. 5245 Section 83.Section 322.034, Florida Statutes, is created 5246 to read: 5247 322.034Legal status designation on state-issued driver 5248 licenses and identification cards. 5249 (1)A driver license or Florida identification card issued 5250 new or as a renewal to a qualified application must include the 5251 legal status of the licensee or card-holder as a United States 5252 citizen, an immigrant, or non-immigrant as last recorded in the 5253 system at the time of issuance or renewal. 5254 (2)An applicant seeking to update his or her legal status 5255 of immigrant or non-immigrant to a legal status of United States 5256 citizen upon presentation of the requisite documentation must be 5257 permitted to do so without paying a fee for renewal. 5258 (3)The Department of Highway Safety and Motor Vehicles 5259 must be in compliance with this section no later than July 1, 5260 2026. 5261 Section 84.Paragraph (d) is added to subsection (8) of 5262 section 895.02, Florida Statutes, to read: 5263 895.02Definitions.As used in ss. 895.01-895.08, the term: 5264 (8)Racketeering activity means to commit, to attempt to 5265 commit, to conspire to commit, or to solicit, coerce, or 5266 intimidate another person to commit: 5267 (d)A violation of the Florida Election Code, relating to 5268 irregularities or fraud involving voter registration, voting, 5269 candidate petitions, or issue petition activities. 5270 Section 85.Paragraph (t) of subsection (2) of section 5271 1003.42, Florida Statutes, is amended to read: 5272 1003.42Required instruction. 5273 (2)Members of the instructional staff of the public 5274 schools, subject to the rules of the State Board of Education 5275 and the district school board, shall teach efficiently and 5276 faithfully, using the books and materials required that meet the 5277 highest standards for professionalism and historical accuracy, 5278 following the prescribed courses of study, and employing 5279 approved methods of instruction, the following: 5280 (t)Civic and character education on the qualities and 5281 responsibilities of patriotism and citizenship, including 5282 kindness; respect for authority, life, liberty, and personal 5283 property; honesty; charity; racial, ethnic, and religious 5284 tolerance; and cooperation and, for grades 11 and 12, voting 5285 using the uniform primary and general election ballot described 5286 in s. 101.151(6) s. 101.151(9). 5287 5288 The State Board of Education is encouraged to adopt standards 5289 and pursue assessment of the requirements of this subsection. 5290 Instructional programming that incorporates the values of the 5291 recipients of the Congressional Medal of Honor and that is 5292 offered as part of a social studies, English Language Arts, or 5293 other schoolwide character building and veteran awareness 5294 initiative meets the requirements of paragraph (u). 5295 Section 86.Except as otherwise expressly provided in this 5296 act and except for this section, which shall take effect upon 5297 this act becoming a law, this act shall take effect July 1, 5298 2025.