Bill Text: FL S0524 | 2022 | Regular Session | Enrolled


Bill Title: Election Administration

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2022-04-26 - Chapter No. 2022-73 [S0524 Detail]

Download: Florida-2022-S0524-Enrolled.html
       ENROLLED
       2022 Legislature             CS for CS for SB 524, 1st Engrossed
       
       
       
       
       
       
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    2         An act relating to election administration; amending
    3         s. 15.21, F.S.; requiring the Secretary of State to
    4         notify the Attorney General if signatures required for
    5         an initiative petition are no longer valid;
    6         authorizing the Secretary of State to resubmit the
    7         initiative petition to the Attorney General if certain
    8         conditions are met; amending s. 16.061, F.S.;
    9         requiring the Attorney General to withdraw his or her
   10         petition for an advisory opinion by the Supreme Court
   11         if notified by the Secretary of State that the
   12         initiative petition no longer meets the criteria for
   13         review; requiring the Attorney General to file a new
   14         petition for an advisory opinion if the initiative
   15         petition subsequently qualifies for review; creating
   16         s. 97.022, F.S.; creating the Office of Election
   17         Crimes and Security within the Department of State;
   18         specifying the duties and structure of the office;
   19         providing for construction; requiring the department
   20         to annually report to the Governor and Legislature
   21         regarding the office’s activities; specifying
   22         requirements for such report; amending s. 97.0291,
   23         F.S.; clarifying provisions governing the prohibition
   24         on the solicitation, acceptance, use, and disposal of
   25         private funds for certain election-related expenses;
   26         amending s. 97.052, F.S.; adding requirements to the
   27         uniform statewide voter registration application;
   28         amending s. 97.057, F.S.; conforming a cross
   29         reference; amending s. 97.0575, F.S.; deleting a
   30         requirement that a third-party voter registration
   31         organization provide a certain notification to an
   32         applicant; revising a limitation on the amount of
   33         aggregate fines which may be assessed against a third
   34         party voter registration organization in a calendar
   35         year; specifying that a third-party voter registration
   36         organization is liable for a certain fine if a person
   37         collecting voter registration applications on its
   38         behalf is convicted of unlawfully altering any
   39         application; amending s. 98.065, F.S.; revising the
   40         frequency with which supervisors of elections must
   41         conduct a registration list maintenance program;
   42         modifying required components of registration list
   43         maintenance programs; conforming provisions to changes
   44         made by the act; amending s. 98.0655, F.S.; revising
   45         requirements for certain registration list maintenance
   46         forms to be prescribed by the Department of State;
   47         amending s. 98.075, F.S.; requiring the Department of
   48         State to identify deceased registered voters using
   49         information received by specified agencies; amending
   50         s. 98.093, F.S.; requiring clerks of the circuit court
   51         and the Department of Highway Safety and Motor
   52         Vehicles to furnish additional information to the
   53         Department of State on a monthly basis; amending s.
   54         100.041, F.S.; providing an exception to certain
   55         county commissioner election requirements for certain
   56         districts; amending s. 100.371, F.S.; revising duties
   57         of the supervisor with respect to the processing and
   58         retention of initiative petition forms; requiring the
   59         supervisor to post additional information regarding
   60         petition forms on his or her website; requiring the
   61         Secretary of State to notify the Financial Impact
   62         Estimating Conference if the signatures for an
   63         initiative petition are no longer valid; specifying
   64         conditions under which the Financial Impact Estimating
   65         Conference does not need to complete an analysis and
   66         financial impact statement for an initiative petition;
   67         creating s. 101.019, F.S.; prohibiting the use of
   68         ranked-choice voting to determine election or
   69         nomination to elective office; voiding existing or
   70         future local ordinances authorizing the use of ranked
   71         choice voting; amending s. 101.043, F.S.; deleting a
   72         provision that prohibits using an address appearing on
   73         identification presented by an elector as a basis to
   74         confirm an elector’s legal residence; deleting a
   75         provision that prohibits a clerk or an inspector from
   76         asking an elector to provide additional identification
   77         information under specified circumstances; amending s.
   78         101.051, F.S.; replacing references to “secure drop
   79         boxes” with “secure ballot intake stations”;
   80         conforming terminology to changes made by the act;
   81         amending s. 101.151, F.S.; revising requirements for
   82         Department of State rules regarding certified voting
   83         systems and ballot specifications; amending s.
   84         101.5614, F.S.; requiring specified individuals
   85         observing the ballot duplication process to sign a
   86         specified affidavit acknowledging certain criminal
   87         penalties; prohibiting persons authorized to observe,
   88         review, or inspect ballot materials or observe
   89         canvassing from releasing certain information about an
   90         election before the closing of the polls; providing
   91         criminal penalties; amending s. 101.6103, F.S.;
   92         conforming certain provisions governing the Mail
   93         Ballot Election Act to provisions applicable to the
   94         mailing and canvassing of vote-by-mail ballots;
   95         amending s. 101.65, F.S.; conforming terminology to
   96         changes made by the act; amending s. 101.655, F.S.;
   97         revising the date by which requests for supervised
   98         voting must be submitted to the supervisor; amending
   99         s. 101.69, F.S.; revising requirements for permanent
  100         branch offices of the supervisor which may be used as
  101         secure ballot intake station locations; conforming
  102         terminology to changes made by the act; amending s.
  103         102.031, F.S.; conforming terminology to changes made
  104         by the act; amending s. 102.091, F.S.; requiring the
  105         Governor, in consultation with the executive director
  106         of the Department of Law Enforcement, to appoint
  107         special officers to investigate election law
  108         violations; specifying requirements for such special
  109         officers; providing construction; amending s. 102.101,
  110         F.S.; prohibiting a special officer from entering a
  111         polling place; providing exceptions; amending s.
  112         104.0616, F.S.; increasing criminal penalties for
  113         certain unlawful acts involving vote-by-mail ballots;
  114         amending s. 104.185, F.S.; increasing criminal
  115         penalties for a person who signs another person’s name
  116         or a fictitious name on specified petitions; amending
  117         s. 104.186, F.S.; increasing criminal penalties for a
  118         person who unlawfully compensates a petition
  119         circulator based on the number of petition forms
  120         gathered; amending s. 124.011, F.S.; providing that
  121         certain county commissioners must be elected at the
  122         general election immediately following redistricting;
  123         requiring such commissioners’ terms to commence on a
  124         certain date; providing applicability; amending s.
  125         921.0022, F.S.; ranking a specified offense involving
  126         vote-by-mail ballots on the severity ranking chart of
  127         the Criminal Punishment Code; providing legislative
  128         findings and intent; requiring the Department of State
  129         to submit a report to the Legislature by a specified
  130         date; providing report requirements; providing
  131         effective dates.
  132          
  133  Be It Enacted by the Legislature of the State of Florida:
  134  
  135         Section 1. Section 15.21, Florida Statutes, is amended to
  136  read:
  137         15.21 Initiative petitions; s. 3, Art. XI, State
  138  Constitution.—
  139         (1) The Secretary of State shall immediately submit an
  140  initiative petition to the Attorney General if the sponsor has:
  141         (a)(1) Registered as a political committee pursuant to s.
  142  106.03;
  143         (b)(2) Submitted the ballot title, substance, and text of
  144  the proposed revision or amendment to the Secretary of State
  145  pursuant to ss. 100.371 and 101.161; and
  146         (c)(3) Obtained a letter from the Division of Elections
  147  confirming that the sponsor has submitted to the appropriate
  148  supervisors for verification, and the supervisors have verified,
  149  forms signed and dated equal to 25 percent of the number of
  150  electors statewide required by s. 3, Art. XI of the State
  151  Constitution in one-half of the congressional districts of the
  152  state.
  153         (2) If the Secretary of State has submitted an initiative
  154  petition to the Attorney General pursuant to subsection (1) but
  155  the validity of the signatures for such initiative petition have
  156  expired pursuant to s. 100.371(11)(a) before securing ballot
  157  placement, the Secretary of State must promptly notify the
  158  Attorney General. The Secretary of State may resubmit the
  159  initiative petition to the Attorney General if the initiative
  160  petition is later circulated for placement on the ballot of a
  161  subsequent general election and the criteria under subsection
  162  (1) are satisfied.
  163         Section 2. Subsection (4) is added to section 16.061,
  164  Florida Statutes, to read:
  165         16.061 Initiative petitions.—
  166         (4) If the Attorney General is notified by the Secretary of
  167  State pursuant to s. 15.21(2) that an initiative petition no
  168  longer qualifies for ballot placement for the ensuing general
  169  election, the Attorney General must withdraw his or her request
  170  for an advisory opinion if the Supreme Court has not yet
  171  fulfilled that request. If the Secretary of State subsequently
  172  resubmits the initiative petition if the criteria in s. 15.21(1)
  173  are again satisfied and the court has not issued its advisory
  174  opinion, the Attorney General must file a new petition seeking
  175  such advisory opinion.
  176         Section 3. Section 97.022, Florida Statutes, is created to
  177  read:
  178         97.022 Office of Election Crimes and Security; creation;
  179  purpose and duties.—
  180         (1) The Office of Election Crimes and Security is created
  181  within the Department of State. The purpose of the office is to
  182  aid the Secretary of State in completion of his or her duties
  183  under s. 97.012(12) and (15) by:
  184         (a) Receiving and reviewing notices and reports generated
  185  by government officials or any other person regarding alleged
  186  occurrences of election law violations or election
  187  irregularities in this state.
  188         (b) Initiating independent inquiries and conducting
  189  preliminary investigations into allegations of election law
  190  violations or election irregularities in this state.
  191         (2) The office may review complaints and conduct
  192  preliminary investigations into alleged violations of the
  193  Florida Election Code or any rule adopted pursuant thereto and
  194  any election irregularities.
  195         (3) The secretary shall appoint a director of the office.
  196         (4) The office shall be based in Tallahassee and shall
  197  employ nonsworn investigators to conduct any investigations. The
  198  positions and resources necessary for the office to accomplish
  199  its duties shall be established through and subject to the
  200  legislative appropriations process.
  201         (5) The office shall oversee the department’s voter fraud
  202  hotline.
  203         (6) This section does not limit the jurisdiction of any
  204  other office or agency of the state empowered by law to
  205  investigate, act upon, or dispose of alleged election law
  206  violations.
  207         (7) By January 15 of each year, the department shall submit
  208  a report to the Governor, the President of the Senate, and the
  209  Speaker of the House of Representatives detailing information on
  210  investigations of alleged election law violations or election
  211  irregularities conducted during the prior calendar year. The
  212  report must include the total number of complaints received and
  213  independent investigations initiated and the number of
  214  complaints referred to another agency for further investigation
  215  or prosecution, including the total number of those matters sent
  216  to a special officer pursuant to s. 102.091. For each alleged
  217  violation or irregularity investigated, the report must include:
  218         (a) The source of the alleged violation or irregularity;
  219         (b) The law allegedly violated or the nature of the
  220  irregularity reported;
  221         (c) The county in which the alleged violation or
  222  irregularity occurred;
  223         (d) Whether the alleged violation or irregularity was
  224  referred to another agency for further investigation or
  225  prosecution, and if so, to which agency; and
  226         (e) The current status of the investigation or resulting
  227  criminal case.
  228         Section 4. Section 97.0291, Florida Statutes, is amended to
  229  read:
  230         97.0291 Prohibition on use of private funds for election
  231  related expenses.—No agency or state or local official
  232  responsible for conducting elections, including, but not limited
  233  to, a supervisor of elections, may solicit, accept, use, or
  234  dispose of any donation in the form of money, grants, property,
  235  or personal services from an individual or a nongovernmental
  236  entity for the purpose of funding any type of election-related
  237  expenses related to election administration, including, but not
  238  limited to, or voter education, voter outreach, voter or
  239  registration programs, or the cost of any litigation related to
  240  election administration. This section does not prohibit the
  241  donation and acceptance of space to be used for a polling room
  242  or an early voting site.
  243         Section 5. Paragraph (g) is added to subsection (3) of
  244  section 97.052, Florida Statutes, to read:
  245         97.052 Uniform statewide voter registration application.—
  246         (3) The uniform statewide voter registration application
  247  must also contain:
  248         (g) A statement informing the applicant that if the
  249  application is being collected by a third-party voter
  250  registration organization, the organization might not deliver
  251  the application to the division or the supervisor in the county
  252  in which the applicant resides in less than 14 days or before
  253  registration closes for the next ensuing election, and that the
  254  applicant may instead elect to deliver the application in person
  255  or by mail or choose to register online. The statement must
  256  further inform the applicant how to determine whether the
  257  application has been delivered.
  258         Section 6. Effective January 1, 2023, subsection (13) of
  259  section 97.057, Florida Statutes, is amended to read:
  260         97.057 Voter registration by the Department of Highway
  261  Safety and Motor Vehicles.—
  262         (13) The Department of Highway Safety and Motor Vehicles
  263  must assist the Department of State in regularly identifying
  264  changes in residence address on the driver license or
  265  identification card of a voter. The Department of State must
  266  report each such change to the appropriate supervisor of
  267  elections who must change the voter’s registration records in
  268  accordance with s. 98.065(5) s. 98.065(4).
  269         Section 7. Present subsections (4) through (7) of section
  270  97.0575, Florida Statutes, are redesignated as subsections (5)
  271  through (8), respectively, a new subsection (4) is added to that
  272  section, and paragraph (a) of subsection (3) of that section is
  273  amended, to read:
  274         97.0575 Third-party voter registrations.—
  275         (3)(a) A third-party voter registration organization that
  276  collects voter registration applications serves as a fiduciary
  277  to the applicant, ensuring that any voter registration
  278  application entrusted to the organization, irrespective of party
  279  affiliation, race, ethnicity, or gender, must be promptly
  280  delivered to the division or the supervisor of elections in the
  281  county in which the applicant resides within 14 days after the
  282  application was completed by the applicant, but not after
  283  registration closes for the next ensuing election. A third-party
  284  voter registration organization must notify the applicant at the
  285  time the application is collected that the organization might
  286  not deliver the application to the division or the supervisor of
  287  elections in the county in which the applicant resides in less
  288  than 14 days or before registration closes for the next ensuing
  289  election and must advise the applicant that he or she may
  290  deliver the application in person or by mail. The third-party
  291  voter registration organization must also inform the applicant
  292  how to register online with the division and how to determine
  293  whether the application has been delivered. If a voter
  294  registration application collected by any third-party voter
  295  registration organization is not promptly delivered to the
  296  division or supervisor of elections in the county in which the
  297  applicant resides, the third-party voter registration
  298  organization is liable for the following fines:
  299         1. A fine in the amount of $50 for each application
  300  received by the division or the supervisor of elections in the
  301  county in which the applicant resides more than 14 days after
  302  the applicant delivered the completed voter registration
  303  application to the third-party voter registration organization
  304  or any person, entity, or agent acting on its behalf. A fine in
  305  the amount of $250 for each application received if the third
  306  party voter registration organization or person, entity, or
  307  agency acting on its behalf acted willfully.
  308         2. A fine in the amount of $100 for each application
  309  collected by a third-party voter registration organization or
  310  any person, entity, or agent acting on its behalf, before book
  311  closing for any given election for federal or state office and
  312  received by the division or the supervisor of elections in the
  313  county in which the applicant resides after the book-closing
  314  deadline for such election. A fine in the amount of $500 for
  315  each application received if the third-party registration
  316  organization or person, entity, or agency acting on its behalf
  317  acted willfully.
  318         3. A fine in the amount of $500 for each application
  319  collected by a third-party voter registration organization or
  320  any person, entity, or agent acting on its behalf, which is not
  321  submitted to the division or supervisor of elections in the
  322  county in which the applicant resides. A fine in the amount of
  323  $1,000 for any application not submitted if the third-party
  324  voter registration organization or person, entity, or agency
  325  acting on its behalf acted willfully.
  326  
  327  The aggregate fine pursuant to this paragraph which may be
  328  assessed against a third-party voter registration organization,
  329  including affiliate organizations, for violations committed in a
  330  calendar year is $50,000 $1,000.
  331         (4) If a person collecting voter registration applications
  332  on behalf of a third-party voter registration organization
  333  alters the voter registration application of any other person,
  334  without the other person’s knowledge and consent, in violation
  335  of s. 104.012(4) and is subsequently convicted of such offense,
  336  the applicable third-party voter registration organization is
  337  liable for a fine in the amount of $1,000 for each application
  338  altered.
  339         Section 8. Effective January 1, 2023, present subsections
  340  (3) through (6) of section 98.065, Florida Statutes, are
  341  redesignated as subsections (4) through (7), respectively, a new
  342  subsection (3) is added to that section, and subsection (2) and
  343  present subsections (3), (4), and (5) of that section are
  344  amended, to read:
  345         98.065 Registration list maintenance programs.—
  346         (2) A supervisor must incorporate one or more of the
  347  following procedures in the supervisor’s annual biennial
  348  registration list maintenance program under which the supervisor
  349  shall:
  350         (a) Use change-of-address information supplied by the
  351  United States Postal Service through its licensees is used to
  352  identify registered voters whose addresses might have changed.
  353  Additionally, in odd-numbered years, unless the supervisor is
  354  conducting the procedure specified in paragraph (b), the
  355  supervisor must identify change-of-address information from
  356  returned nonforwardable return-if-undeliverable address
  357  confirmation requests mailed to all registered voters who have
  358  not voted in the preceding two general elections or any
  359  intervening election and who have not made a request that their
  360  registration records be updated during that time; or
  361         (b) Identify change-of-address information is identified
  362  from returned nonforwardable return-if-undeliverable mail sent
  363  to all registered voters in the county; or
  364         (c) Change-of-address information is identified from
  365  returned nonforwardable return-if-undeliverable address
  366  confirmation requests mailed to all registered voters who have
  367  not voted in the last 2 years and who did not make a written
  368  request that their registration records be updated during that
  369  time.
  370         (3) Address confirmation requests sent pursuant to
  371  paragraph (2)(a) and mail sent pursuant to paragraph (b) must be
  372  addressed to the voter’s address of legal residence, not
  373  including voters temporarily residing outside the county and
  374  registered in the precinct designated by the supervisor pursuant
  375  to s. 101.045(1). If a request is returned as undeliverable, any
  376  other notification sent to the voter pursuant to subsection (5)
  377  or s. 98.0655 must be addressed to the voter’s mailing address
  378  on file, if any.
  379         (4) A registration list maintenance program must be
  380  conducted by each supervisor, at a minimum, once in each odd
  381  numbered year and must be completed not later than 90 days
  382  before prior to the date of any federal election. All list
  383  maintenance actions associated with each voter must be entered,
  384  tracked, and maintained in the statewide voter registration
  385  system.
  386         (5)(a)(4)(a) If the supervisor receives change-of-address
  387  information pursuant to the activities conducted in subsection
  388  (2), from jury notices signed by the voter and returned to the
  389  courts, from the Department of Highway Safety and Motor
  390  Vehicles, or from other sources which indicates that a
  391  registered voter’s legal residence might have changed to another
  392  location within the state, the supervisor must change the
  393  registration records to reflect the new address and must send
  394  the voter an address change notice as provided in s. 98.0655(2).
  395         (b) If the supervisor of elections receives change-of
  396  address information pursuant to the activities conducted in
  397  subsection (2), from jury notices signed by the voter and
  398  returned to the courts, or from other sources which indicates
  399  that a registered voter’s legal residence might have changed to
  400  a location outside the state, the supervisor of elections shall
  401  send an address confirmation final notice to the voter as
  402  provided in s. 98.0655(3).
  403         (c) If an address confirmation request required by
  404  paragraph (2)(a) is returned as undeliverable without indication
  405  of an address change, or there is no response from the voter
  406  within 30 days, or if any other nonforwardable return-if
  407  undeliverable mail is returned as undeliverable with no
  408  indication of an address change, the supervisor shall send an
  409  address confirmation final notice to all addresses on file for
  410  the voter.
  411         (d) The supervisor must designate as inactive all voters
  412  who have been sent an address confirmation final notice and who
  413  have not returned the postage prepaid, preaddressed return form
  414  within 30 days or for which the final notice has been returned
  415  as undeliverable. Names on the inactive list may not be used to
  416  calculate the number of signatures needed on any petition. A
  417  voter on the inactive list may be restored to the active list of
  418  voters upon the voter updating his or her registration and
  419  confirming his or her current address of legal residence,
  420  requesting a vote-by-mail ballot and confirming his or her
  421  current address of legal residence, or appearing to vote and
  422  confirming his or her current address of legal residence.
  423  However, if the voter does not update his or her voter
  424  registration information, request a vote-by-mail ballot, or vote
  425  by the second general election after being placed on the
  426  inactive list, the voter’s name shall be removed from the
  427  statewide voter registration system and the voter shall be
  428  required to reregister to have his or her name restored to the
  429  statewide voter registration system.
  430         (6)(5) A notice may not be issued pursuant to this section
  431  and a voter’s name may not be removed from the statewide voter
  432  registration system later than 90 days prior to the date of a
  433  federal election. However, this section does not preclude the
  434  correction of registration records based on information
  435  submitted by the voter or removal of the name of a voter from
  436  the statewide voter registration system at any time upon the
  437  voter’s written request, by reason of the voter’s death, or upon
  438  a determination of the voter’s ineligibility as provided in s.
  439  98.075(7).
  440         Section 9. Effective January 1, 2023, subsections (1) and
  441  (3) of section 98.0655, Florida Statutes, are amended to read:
  442         98.0655 Registration list maintenance forms.—The department
  443  shall prescribe registration list maintenance forms to be used
  444  by the supervisors which must include:
  445         (1) An address confirmation request that must contain:
  446         (a) The voter’s name and address of legal residence as
  447  shown on the voter registration record; and
  448         (b) A request that the voter notify the supervisor if
  449  either the voter’s name or address of legal residence is
  450  incorrect;
  451         (c) If the address confirmation request is required by s.
  452  98.065(2)(a), a statement that if the voter has not changed his
  453  or her legal residence or has changed his or her legal residence
  454  within the state, the voter should return the form within 30
  455  days after the date on which the notice was sent to the voter;
  456  and
  457         (d) Information about updating voter information through
  458  the online voter registration system.
  459         (3) An address confirmation final notice that must be sent
  460  to the newly recorded address of legal residence, or to all
  461  addresses on file for the voter if no indication of new address
  462  has been received, by forwardable mail and must contain a
  463  postage prepaid, preaddressed return form and a statement that:
  464         (a) If the voter has not changed his or her legal residence
  465  or has changed his or her legal residence within the state, the
  466  voter should return the form within 30 days after the date on
  467  which the notice was sent to the voter.
  468         (b) If the voter has changed his or her legal residence to
  469  a location outside the state:
  470         1. The voter shall return the form, which serves as a
  471  request to be removed from the registration books; and
  472         2. The voter shall be provided with information on how to
  473  register in the new jurisdiction in order to be eligible to
  474  vote.
  475         (c) If the return form is not returned, the voter’s name
  476  shall be designated as inactive in the statewide voter
  477  registration system, and confirmation of the voter’s address of
  478  legal residence may be required before the voter is authorized
  479  to vote in an election.
  480         Section 10. Paragraph (a) of subsection (3) of section
  481  98.075, Florida Statutes, is amended to read:
  482         98.075 Registration records maintenance activities;
  483  ineligibility determinations.—
  484         (3) DECEASED PERSONS.—
  485         (a)1. The department shall identify those registered voters
  486  who are deceased by comparing information received from either:
  487         a. The Department of Health as provided in s. 98.093; or
  488         b. The United States Social Security Administration,
  489  including, but not limited to, any master death file or index
  490  compiled by the United States Social Security Administration;
  491  and
  492         c. The Department of Highway Safety and Motor Vehicles.
  493         2. Within 7 days after receipt of such information through
  494  the statewide voter registration system, the supervisor shall
  495  remove the name of the registered voter.
  496         Section 11. Section 98.093, Florida Statutes, is amended to
  497  read:
  498         98.093 Duty of officials to furnish information relating to
  499  deceased persons, persons adjudicated mentally incapacitated,
  500  and persons convicted of a felony, and persons who are not
  501  United States citizens.—
  502         (1) In order to identify ineligible registered voters and
  503  maintain accurate and current voter registration records in the
  504  statewide voter registration system pursuant to procedures in s.
  505  98.065 or s. 98.075, it is necessary for the department and
  506  supervisors of elections to receive or access certain
  507  information from state and federal officials and entities in the
  508  format prescribed.
  509         (2) To the maximum extent feasible, state and local
  510  government agencies shall facilitate provision of information
  511  and access to data to the department, including, but not limited
  512  to, databases that contain reliable criminal records and records
  513  of deceased persons. State and local government agencies that
  514  provide such data shall do so without charge if the direct cost
  515  incurred by those agencies is not significant.
  516         (a) The Department of Health shall furnish monthly to the
  517  department a list containing the name, address, date of birth,
  518  date of death, social security number, race, and sex of each
  519  deceased person 17 years of age or older.
  520         (b) Each clerk of the circuit court shall furnish monthly
  521  to the department:
  522         1. A list of those persons who have been adjudicated
  523  mentally incapacitated with respect to voting during the
  524  preceding calendar month, a list of those persons whose mental
  525  capacity with respect to voting has been restored during the
  526  preceding calendar month, and a list of those persons who have
  527  returned signed jury notices during the preceding months to the
  528  clerk of the circuit court indicating a change of address. Each
  529  list shall include the name, address, date of birth, race, sex,
  530  and, whichever is available, the Florida driver license number,
  531  Florida identification card number, or social security number of
  532  each such person.
  533         2. Information on the terms of sentence for felony
  534  convictions, including any financial obligations for court
  535  costs, fees, and fines, of all persons listed in the clerk’s
  536  records whose last known address in the clerk’s records is
  537  within this state and who have been convicted of a felony during
  538  the preceding month. The information may be provided directly by
  539  individual clerks of the circuit court or may be provided on
  540  their behalf through the Comprehensive Case Information System.
  541  For each felony conviction reported, the information must
  542  include:
  543         a. The full name, last known address, date of birth, race,
  544  sex, and, if available, the Florida driver license number or
  545  Florida identification card number, as applicable, and the
  546  social security number of the person convicted.
  547         b. The amounts of all financial obligations, including
  548  restitution and court costs, fees, and fines, and, if known, the
  549  amount of financial obligations not yet satisfied.
  550         c. The county in which the conviction occurred.
  551         d. The statute number violated, statute table text, date of
  552  conviction, and case number.
  553         (c) Upon receipt of information from the United States
  554  Attorney, listing persons convicted of a felony in federal
  555  court, the department shall use such information to identify
  556  registered voters or applicants for voter registration who may
  557  be potentially ineligible based on information provided in
  558  accordance with s. 98.075.
  559         (d) The Department of Law Enforcement shall identify those
  560  persons who have been convicted of a felony who appear in the
  561  voter registration records supplied by the statewide voter
  562  registration system, in a time and manner that enables the
  563  department to meet its obligations under state and federal law.
  564         (e) The Florida Commission on Offender Review shall furnish
  565  at least bimonthly to the department data, including the
  566  identity of those persons granted clemency in the preceding
  567  month or any updates to prior records which have occurred in the
  568  preceding month. The data shall contain the commission’s case
  569  number and the person’s name, address, date of birth, race,
  570  gender, Florida driver license number, Florida identification
  571  card number, or the last four digits of the social security
  572  number, if available, and references to record identifiers
  573  assigned by the Department of Corrections and the Department of
  574  Law Enforcement, a unique identifier of each clemency case, and
  575  the effective date of clemency of each person.
  576         (f) The Department of Corrections shall identify those
  577  persons who have been convicted of a felony and committed to its
  578  custody or placed on community supervision. The information must
  579  be provided to the department at a time and in a manner that
  580  enables the department to identify registered voters who are
  581  convicted felons and to meet its obligations under state and
  582  federal law.
  583         (g) The Department of Highway Safety and Motor Vehicles
  584  shall furnish monthly to the department:
  585         1. A list of those persons whose names have been removed
  586  from the driver license database because they have been licensed
  587  in another state. The list must shall contain the name, address,
  588  date of birth, sex, social security number, and driver license
  589  number of each such person.
  590         2. A list of those persons who presented evidence of non
  591  United States citizenship upon being issued a new or renewed
  592  Florida driver license or Florida identification card. The list
  593  must contain the name; address; date of birth; social security
  594  number, if applicable; and Florida driver license number or
  595  Florida identification card number, as applicable, of each such
  596  person.
  597         (3) This section does not limit or restrict the supervisor
  598  in his or her duty to remove the names of persons from the
  599  statewide voter registration system pursuant to s. 98.075(7)
  600  based upon information received from other sources.
  601         Section 12. Paragraph (a) of subsection (2) of section
  602  100.041, Florida Statutes, is amended to read:
  603         100.041 Officers chosen at general election.—
  604         (2)(a) Except as provided in s. 124.011 relating to single
  605  member districts after decennial redistricting, each county
  606  commissioner from an odd-numbered district shall be elected at
  607  the general election in each year the number of which is a
  608  multiple of 4, for a 4-year term commencing on the second
  609  Tuesday following such election, and each county commissioner
  610  from an even-numbered district shall be elected at the general
  611  election in each even-numbered year the number of which is not a
  612  multiple of 4, for a 4-year term commencing on the second
  613  Tuesday following such election. A county commissioner is
  614  “elected” for purposes of this paragraph on the date that the
  615  county canvassing board certifies the results of the election
  616  pursuant to s. 102.151.
  617         Section 13. Paragraphs (a) and (c) of subsection (11) and
  618  paragraph (a) of subsection (13) of section 100.371, Florida
  619  Statutes, are amended to read:
  620         100.371 Initiatives; procedure for placement on ballot.—
  621         (11)(a) An initiative petition form circulated for
  622  signature may not be bundled with or attached to any other
  623  petition. Each signature shall be dated when made and shall be
  624  valid until the next February 1 occurring in an even-numbered
  625  year for the purpose of the amendment appearing on the ballot
  626  for the general election occurring in that same year, provided
  627  all other requirements of law are met. The sponsor shall submit
  628  signed and dated forms to the supervisor of elections for the
  629  county of residence listed by the person signing the form for
  630  verification of the number of valid signatures obtained. If a
  631  signature on a petition is from a registered voter in another
  632  county, the supervisor shall notify the petition sponsor of the
  633  misfiled petition. The supervisor shall promptly verify the
  634  signatures within 60 days after receipt of the petition forms
  635  and payment of a fee for the actual cost of signature
  636  verification incurred by the supervisor. However, for petition
  637  forms submitted less than 60 days before February 1 of an even
  638  numbered year, the supervisor shall promptly verify the
  639  signatures within 30 days after receipt of the form and payment
  640  of the fee for signature verification. The supervisor shall
  641  promptly record, in the manner prescribed by the Secretary of
  642  State, the date each form is received by the supervisor, and the
  643  date the signature on the form is verified as valid. The
  644  supervisor may verify that the signature on a form is valid only
  645  if:
  646         1. The form contains the original signature of the
  647  purported elector.
  648         2. The purported elector has accurately recorded on the
  649  form the date on which he or she signed the form.
  650         3. The form sets forth the purported elector’s name,
  651  address, city, county, and voter registration number or date of
  652  birth.
  653         4. The purported elector is, at the time he or she signs
  654  the form and at the time the form is verified, a duly qualified
  655  and registered elector in the state.
  656         5. The signature was obtained legally, including that if a
  657  paid petition circulator was used, the circulator was validly
  658  registered under subsection (3) when the signature was obtained.
  659  
  660  The supervisor shall retain all the signature forms, separating
  661  forms verified as valid from those deemed invalid, for at least
  662  1 year following the election for in which the petition was
  663  circulated issue appeared on the ballot or until the division
  664  notifies the supervisors of elections that the committee that
  665  circulated the petition is no longer seeking to obtain ballot
  666  position.
  667         (c) On the last day of each month, or on the last day of
  668  each week from December 1 of an odd-numbered year through
  669  February 1 of the following year, each supervisor shall post on
  670  his or her website the total number of signatures submitted, the
  671  total number of invalid signatures, the total number of
  672  signatures processed, and the aggregate number of verified valid
  673  signatures and the distribution of such signatures by
  674  congressional district for each proposed amendment proposed by
  675  initiative, along with the following information specific to the
  676  reporting period: the total number of signed petition forms
  677  received, the total number of signatures verified, the
  678  distribution of verified valid signatures by congressional
  679  district, and the total number of verified petition forms
  680  forwarded to the Secretary of State.
  681         (13)(a) At the same time the Secretary of State submits an
  682  initiative petition to the Attorney General pursuant to s.
  683  15.21, the secretary shall submit a copy of the initiative
  684  petition to the Financial Impact Estimating Conference. Within
  685  75 days after receipt of a proposed revision or amendment to the
  686  State Constitution by initiative petition from the Secretary of
  687  State, the Financial Impact Estimating Conference shall complete
  688  an analysis and financial impact statement to be placed on the
  689  ballot of the estimated increase or decrease in any revenues or
  690  costs to state or local governments and the overall impact to
  691  the state budget resulting from the proposed initiative. The 75
  692  day time limit is tolled when the Legislature is in session. The
  693  Financial Impact Estimating Conference shall submit the
  694  financial impact statement to the Attorney General and Secretary
  695  of State. If the initiative petition has been submitted to the
  696  Financial Impact Estimating Conference but the validity of
  697  signatures has expired and the initiative petition no longer
  698  qualifies for ballot placement at the ensuing general election,
  699  the Secretary of State must notify the Financial Impact
  700  Estimating Conference. The Financial Impact Estimating
  701  Conference is not required to complete an analysis and financial
  702  impact statement for an initiative petition that fails to meet
  703  the requirements of subsection (1) for placement on the ballot
  704  before the 75-day time limit, including any tolling period,
  705  expires. The initiative petition may be resubmitted to the
  706  Financial Impact Estimating Conference if the initiative
  707  petition meets the requisite criteria for a subsequent general
  708  election cycle. A new Financial Impact Estimating Conference
  709  shall be established at such time as the initiative petition
  710  again satisfies the criteria in s. 15.21(1).
  711         Section 14. Section 101.019, Florida Statutes, is created
  712  to read:
  713         101.019 Ranked-choice voting prohibited.—
  714         (1) A ranked-choice voting method that allows voters to
  715  rank candidates for an office in order of preference and has
  716  ballots cast be tabulated in multiple rounds following the
  717  elimination of a candidate until a single candidate attains a
  718  majority may not be used in determining the election or
  719  nomination of any candidate to any local, state, or federal
  720  elective office in this state.
  721         (2) Any existing or future ordinance enacted or adopted by
  722  a county, a municipality, or any other local governmental entity
  723  which is in conflict with this section is void.
  724         Section 15. Paragraphs (b) and (c) of subsection (1) of
  725  section 101.043, Florida Statutes, are amended to read:
  726         101.043 Identification required at polls.—
  727         (1)
  728         (b) If the picture identification does not contain the
  729  signature of the elector, an additional identification that
  730  provides the elector’s signature shall be required. The address
  731  appearing on the identification presented by the elector may not
  732  be used as the basis to confirm an elector’s legal residence or
  733  otherwise challenge an elector’s legal residence. The elector
  734  shall sign his or her name in the space provided on the precinct
  735  register or on an electronic device provided for recording the
  736  elector’s signature. The clerk or inspector shall compare the
  737  signature with that on the identification provided by the
  738  elector and enter his or her initials in the space provided on
  739  the precinct register or on an electronic device provided for
  740  that purpose and allow the elector to vote if the clerk or
  741  inspector is satisfied as to the identity of the elector.
  742         (c) When an elector presents his or her picture
  743  identification to the clerk or inspector and the elector’s
  744  address on the picture identification matches the elector’s
  745  address in the supervisor’s records, the elector may not be
  746  asked to provide additional information or to recite his or her
  747  home address.
  748         Section 16. Subsections (2) and (5) of section 101.051,
  749  Florida Statutes, are amended to read:
  750         101.051 Electors seeking assistance in casting ballots;
  751  oath to be executed; forms to be furnished.—
  752         (2) It is unlawful for any person to be in the voting booth
  753  with any elector except as provided in subsection (1). A person
  754  at a polling place, a secure ballot intake station drop box
  755  location, or an early voting site, or within 150 feet of a
  756  secure ballot intake station drop box location or the entrance
  757  of a polling place or an early voting site, may not solicit any
  758  elector in an effort to provide assistance to vote pursuant to
  759  subsection (1). Any person who violates this subsection commits
  760  a misdemeanor of the first degree, punishable as provided in s.
  761  775.082 or s. 775.083.
  762         (5) If an elector needing assistance requests that a person
  763  other than an election official provide him or her with
  764  assistance in voting, the clerk or one of the inspectors shall
  765  require the person providing assistance to take the following
  766  oath:
  767  
  768                  DECLARATION TO PROVIDE ASSISTANCE                
  769  
  770  State of Florida
  771  County of ....
  772  Date ....
  773  Precinct ....
  774  
  775         I, ...(Print name)..., have been requested by ...(print
  776  name of elector needing assistance)... to provide him or her
  777  with assistance to vote. I swear or affirm that I am not the
  778  employer, an agent of the employer, or an officer or agent of
  779  the union of the voter and that I have not solicited this voter
  780  at the polling place, secure ballot intake station drop box
  781  location, or early voting site or within 150 feet of such
  782  locations in an effort to provide assistance.
  783  
  784  ...(Signature of assistor)...
  785  
  786  Sworn and subscribed to before me this .... day of ....,
  787  ...(year)....
  788  
  789  ...(Signature of Official Administering Oath)...
  790  
  791         Section 17. Subsection (9) of section 101.151, Florida
  792  Statutes, is amended to read:
  793         101.151 Specifications for ballots.—
  794         (9)(a) The Department of State shall adopt rules
  795  prescribing a uniform primary and general election ballot for
  796  each certified voting system. The rules shall incorporate the
  797  requirements set forth in this section and shall prescribe
  798  additional matters and forms that include, without limitation:
  799         1. The ballot title followed by clear and unambiguous
  800  ballot instructions and directions limited to a single location
  801  on the ballot, either:
  802         a. Centered across the top of the ballot; or
  803         b. In the leftmost column, with no individual races in that
  804  column unless it is the only column on the ballot;
  805         2. Individual race layout; and
  806         3. Overall ballot layout; and
  807         4. Oval vote targets as the only permissible type of vote
  808  target, except as provided in s. 101.56075.
  809         (b) The rules must graphically depict a sample uniform
  810  primary and general election ballot form for each certified
  811  voting system.
  812         Section 18. Paragraph (a) of subsection (4) and subsection
  813  (8) of section 101.5614, Florida Statutes, are amended to read:
  814         101.5614 Canvass of returns.—
  815         (4)(a) If any vote-by-mail ballot is physically damaged so
  816  that it cannot properly be counted by the voting system’s
  817  automatic tabulating equipment, a true duplicate copy shall be
  818  made of the damaged ballot in an open and accessible room in the
  819  presence of witnesses and substituted for the damaged ballot.
  820  Likewise, a duplicate ballot shall be made of a vote-by-mail
  821  ballot containing an overvoted race if there is a clear
  822  indication on the ballot that the voter has made a definite
  823  choice in the overvoted race or ballot measure. A duplicate
  824  shall include all valid votes as determined by the canvassing
  825  board based on rules adopted by the division pursuant to s.
  826  102.166(4). A duplicate may be made of a ballot containing an
  827  undervoted race or ballot measure if there is a clear indication
  828  on the ballot that the voter has made a definite choice in the
  829  undervoted race or ballot measure. A duplicate may not include a
  830  vote if the voter’s intent in such race or on such measure is
  831  not clear. Upon request, a physically present candidate, a
  832  political party official, a political committee official, or an
  833  authorized designee thereof, must be allowed to observe the
  834  duplication of ballots upon signing an affidavit affirming his
  835  or her acknowledgment that disclosure of election results
  836  discerned from observing the ballot duplication process while
  837  the election is ongoing is a felony, as provided under
  838  subsection (8). The observer must be allowed to observe the
  839  duplication of ballots in such a way that the observer is able
  840  to see the markings on each ballot and the duplication taking
  841  place. All duplicate ballots must be clearly labeled
  842  “duplicate,” bear a serial number which shall be recorded on the
  843  defective ballot, and be counted in lieu of the defective
  844  ballot. The duplication of ballots must happen in the presence
  845  of at least one canvassing board member. After a ballot has been
  846  duplicated, the defective ballot shall be placed in an envelope
  847  provided for that purpose, and the duplicate ballot shall be
  848  tallied with the other ballots for that precinct. If any
  849  observer makes a reasonable objection to a duplicate of a
  850  ballot, the ballot must be presented to the canvassing board for
  851  a determination of the validity of the duplicate. The canvassing
  852  board must document the serial number of the ballot in the
  853  canvassing board’s minutes. The canvassing board must decide
  854  whether the duplication is valid. If the duplicate ballot is
  855  determined to be valid, the duplicate ballot must be counted. If
  856  the duplicate ballot is determined to be invalid, the duplicate
  857  ballot must be rejected and a proper duplicate ballot must be
  858  made and counted in lieu of the original.
  859         (8) Any supervisor of elections, deputy supervisor of
  860  elections, canvassing board member, election board member, or
  861  election employee, or other person authorized to observe,
  862  review, or inspect ballot materials or observe canvassing who
  863  releases any information about votes cast for or against any
  864  candidate or ballot measure or any the results of any election
  865  before prior to the closing of the polls in that county on
  866  election day commits a felony of the third degree, punishable as
  867  provided in s. 775.082, s. 775.083, or s. 775.084.
  868         Section 19. Subsections (1) and (6) of section 101.6103,
  869  Florida Statutes, are amended to read:
  870         101.6103 Mail ballot election procedure.—
  871         (1) Except as otherwise provided in subsection (7), the
  872  supervisor of elections shall mail all official ballots with a
  873  secrecy envelope, a return mailing envelope, and instructions
  874  sufficient to describe the voting process to each elector
  875  entitled to vote in the election within the timeframes specified
  876  in s. 101.62(4) not sooner than the 20th day before the election
  877  and not later than the 10th day before the date of the election.
  878  All such ballots shall be mailed by first-class mail. Ballots
  879  shall be addressed to each elector at the address appearing in
  880  the registration records and placed in an envelope which is
  881  prominently marked “Do Not Forward.”
  882         (6) The canvassing board may begin the canvassing of mail
  883  ballots as provided by s. 101.68(2)(a). The criminal penalty
  884  specified in that paragraph for the release of results before 7
  885  p.m. on election day is also applicable to canvassing conducted
  886  under this act at 7 a.m. on the sixth day before the election,
  887  including processing the ballots through the tabulating
  888  equipment. However, results may not be released until after 7
  889  p.m. on election day. Any canvassing board member or election
  890  employee who releases any result before 7 p.m. on election day
  891  commits a felony of the third degree, punishable as provided in
  892  s. 775.082, s. 775.083, or s. 775.084.
  893         Section 20. Section 101.65, Florida Statutes, is amended to
  894  read:
  895         101.65 Instructions to absent electors.—The supervisor
  896  shall enclose with each vote-by-mail ballot separate printed
  897  instructions in substantially the following form; however, where
  898  the instructions appear in capitalized text, the text of the
  899  printed instructions must be in bold font:
  900  
  901                  READ THESE INSTRUCTIONS CAREFULLY                
  902                       BEFORE MARKING BALLOT.                      
  903  
  904         1. VERY IMPORTANT. In order to ensure that your vote-by
  905  mail ballot will be counted, it should be completed and returned
  906  as soon as possible so that it can reach the supervisor of
  907  elections of the county in which your precinct is located no
  908  later than 7 p.m. on the day of the election. However, if you
  909  are an overseas voter casting a ballot in a presidential
  910  preference primary or general election, your vote-by-mail ballot
  911  must be postmarked or dated no later than the date of the
  912  election and received by the supervisor of elections of the
  913  county in which you are registered to vote no later than 10 days
  914  after the date of the election. Note that the later you return
  915  your ballot, the less time you will have to cure any signature
  916  deficiencies, which is authorized until 5 p.m. on the 2nd day
  917  after the election.
  918         2. Mark your ballot in secret as instructed on the ballot.
  919  You must mark your own ballot unless you are unable to do so
  920  because of blindness, disability, or inability to read or write.
  921         3. Mark only the number of candidates or issue choices for
  922  a race as indicated on the ballot. If you are allowed to “Vote
  923  for One” candidate and you vote for more than one candidate,
  924  your vote in that race will not be counted.
  925         4. Place your marked ballot in the enclosed secrecy
  926  envelope.
  927         5. Insert the secrecy envelope into the enclosed mailing
  928  envelope which is addressed to the supervisor.
  929         6. Seal the mailing envelope and completely fill out the
  930  Voter’s Certificate on the back of the mailing envelope.
  931         7. VERY IMPORTANT. In order for your vote-by-mail ballot to
  932  be counted, you must sign your name on the line above (Voter’s
  933  Signature). A vote-by-mail ballot will be considered illegal and
  934  not be counted if the signature on the voter’s certificate does
  935  not match the signature on record. The signature on file at the
  936  time the supervisor of elections in the county in which your
  937  precinct is located receives your vote-by-mail ballot is the
  938  signature that will be used to verify your signature on the
  939  voter’s certificate. If you need to update your signature for
  940  this election, send your signature update on a voter
  941  registration application to your supervisor of elections so that
  942  it is received before your vote-by-mail ballot is received.
  943         8. VERY IMPORTANT. If you are an overseas voter, you must
  944  include the date you signed the Voter’s Certificate on the line
  945  above (Date) or your ballot may not be counted.
  946         9. Mail, deliver, or have delivered the completed mailing
  947  envelope. Be sure there is sufficient postage if mailed. THE
  948  COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
  949  SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
  950  LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE
  951  STATION DROP BOX, AVAILABLE AT EACH EARLY VOTING LOCATION.
  952         10. FELONY NOTICE. It is a felony under Florida law to
  953  accept any gift, payment, or gratuity in exchange for your vote
  954  for a candidate. It is also a felony under Florida law to vote
  955  in an election using a false identity or false address, or under
  956  any other circumstances making your ballot false or fraudulent.
  957         Section 21. Subsection (1) of section 101.655, Florida
  958  Statutes, is amended to read:
  959         101.655 Supervised voting by absent electors in certain
  960  facilities.—
  961         (1) The supervisor of elections of a county shall provide
  962  supervised voting for absent electors residing in any assisted
  963  living facility, as defined in s. 429.02, or nursing home
  964  facility, as defined in s. 400.021, within that county at the
  965  request of any administrator of such a facility. Such request
  966  for supervised voting in the facility shall be made by
  967  submitting a written request to the supervisor of elections no
  968  later than 28 21 days prior to the election for which that
  969  request is submitted. The request shall specify the name and
  970  address of the facility and the name of the electors who wish to
  971  vote by mail in that election. If the request contains the names
  972  of fewer than five voters, the supervisor of elections is not
  973  required to provide supervised voting.
  974         Section 22. Subsections (2) and (3) of section 101.69,
  975  Florida Statutes, are amended to read:
  976         101.69 Voting in person; return of vote-by-mail ballot.—
  977         (2)(a) The supervisor shall allow an elector who has
  978  received a vote-by-mail ballot to physically return a voted
  979  vote-by-mail ballot to the supervisor by placing the return mail
  980  envelope containing his or her marked ballot in a secure ballot
  981  intake station drop box. Secure ballot intake stations drop
  982  boxes shall be placed at the main office of the supervisor, at
  983  each permanent branch office of the supervisor which meets the
  984  criteria set forth in s. 101.657(1)(a) for branch offices used
  985  for early voting and is open for at least the minimum amount of
  986  hours prescribed by s. 98.015(4), and at each early voting site.
  987  Secure ballot intake stations drop boxes may also be placed at
  988  any other site that would otherwise qualify as an early voting
  989  site under s. 101.657(1). Secure ballot intake stations Drop
  990  boxes must be geographically located so as to provide all voters
  991  in the county with an equal opportunity to cast a ballot,
  992  insofar as is practicable. Except for secure ballot intake
  993  stations drop boxes at an office of the supervisor, a secure
  994  ballot intake station drop box may only be used during the
  995  county’s early voting hours of operation and must be monitored
  996  in person by an employee of the supervisor’s office. A secure
  997  ballot intake station drop box at an office of the supervisor
  998  must be continuously monitored in person by an employee of the
  999  supervisor’s office when the secure ballot intake station drop
 1000  box is accessible for deposit of ballots.
 1001         (b) A supervisor shall designate each secure ballot intake
 1002  station location drop box site at least 30 days before an
 1003  election. The supervisor shall provide the address of each
 1004  secure ballot intake station drop box location to the division
 1005  at least 30 days before an election. After a secure ballot
 1006  intake station drop box location has been designated, it may not
 1007  be moved or changed except as approved by the division to
 1008  correct a violation of this subsection.
 1009         (c)1. On each day of early voting, all secure ballot intake
 1010  stations drop boxes must be emptied at the end of early voting
 1011  hours and all ballots retrieved from the secure ballot intake
 1012  stations drop boxes must be returned to the supervisor’s office.
 1013         2. For secure ballot intake stations drop boxes located at
 1014  an office of the supervisor, all ballots must be retrieved
 1015  before the secure ballot intake station drop box is no longer
 1016  monitored by an employee of the supervisor.
 1017         3. Employees of the supervisor must comply with procedures
 1018  for the chain of custody of ballots as required by s.
 1019  101.015(4).
 1020         (3) If any secure ballot intake station drop box is left
 1021  accessible for ballot receipt other than as authorized by this
 1022  section, the supervisor is subject to a civil penalty of
 1023  $25,000. The division is authorized to enforce this provision.
 1024         Section 23. Paragraph (a) of subsection (4) of section
 1025  102.031, Florida Statutes, is amended to read:
 1026         102.031 Maintenance of good order at polls; authorities;
 1027  persons allowed in polling rooms and early voting areas;
 1028  unlawful solicitation of voters.—
 1029         (4)(a) No person, political committee, or other group or
 1030  organization may solicit voters inside the polling place or
 1031  within 150 feet of a secure ballot intake station drop box or
 1032  the entrance to any polling place, a polling room where the
 1033  polling place is also a polling room, an early voting site, or
 1034  an office of the supervisor where vote-by-mail ballots are
 1035  requested and printed on demand for the convenience of electors
 1036  who appear in person to request them. Before the opening of a
 1037  secure ballot intake station drop box location, a polling place,
 1038  or an early voting site, the clerk or supervisor shall designate
 1039  the no-solicitation zone and mark the boundaries.
 1040         Section 24. Section 102.091, Florida Statutes, is amended
 1041  to read:
 1042         102.091 Duty of sheriff to watch for violations;
 1043  appointment of special officers.—
 1044         (1) The sheriff shall exercise strict vigilance in the
 1045  detection of any violations of the election laws and in
 1046  apprehending the violators.
 1047         (2) The Governor, in consultation with the executive
 1048  director of the Department of Law Enforcement, shall may appoint
 1049  special officers to investigate alleged violations of the
 1050  election laws, when it is deemed necessary to see that violators
 1051  of the election laws are apprehended and punished. A special
 1052  officer must be a sworn special agent employed by the Department
 1053  of Law Enforcement. At least one special officer must be
 1054  designated in each operational region of the Department of Law
 1055  Enforcement to serve as a dedicated investigator of alleged
 1056  violations of the election laws. Appointment as a special
 1057  officer does not preclude a sworn special agent from conducting
 1058  other investigations of alleged violations of law, provided that
 1059  such other investigations do not hinder or interfere with the
 1060  individual’s ability to investigate alleged violations of the
 1061  election laws.
 1062         Section 25. Section 102.101, Florida Statutes, is amended
 1063  to read:
 1064         102.101 Sheriff and other officers not allowed in polling
 1065  place.—A No sheriff, a deputy sheriff, a police officer, a
 1066  special officer appointed pursuant to s. 102.091, or any other
 1067  officer of the law is not shall be allowed within a the polling
 1068  place without permission from the clerk or a majority of the
 1069  inspectors, except to cast his or her ballot. Upon the failure
 1070  of any such officer of said officers to comply with this section
 1071  provision, the clerk or the inspectors must or any one of them
 1072  shall make an affidavit against the such officer for his or her
 1073  arrest.
 1074         Section 26. Subsection (2) of section 104.0616, Florida
 1075  Statutes, is amended to read:
 1076         104.0616 Vote-by-mail ballots and voting; violations.—
 1077         (2) Any person who distributes, orders, requests, collects,
 1078  delivers, or otherwise physically possesses more than two vote
 1079  by-mail ballots per election in addition to his or her own
 1080  ballot or a ballot belonging to an immediate family member,
 1081  except as provided in ss. 101.6105-101.694, including supervised
 1082  voting at assisted living facilities and nursing home facilities
 1083  as authorized under s. 101.655, commits a felony misdemeanor of
 1084  the third first degree, punishable as provided in s. 775.082, or
 1085  s. 775.083, or s. 775.084.
 1086         Section 27. Subsection (2) of section 104.185, Florida
 1087  Statutes, is amended to read:
 1088         104.185 Petitions; knowingly signing more than once;
 1089  signing another person’s name or a fictitious name.—
 1090         (2) A person who signs another person’s name or a
 1091  fictitious name to any petition to secure ballot position for a
 1092  candidate, a minor political party, or an issue commits a felony
 1093  misdemeanor of the third first degree, punishable as provided in
 1094  s. 775.082, or s. 775.083, or s. 775.084.
 1095         Section 28. Section 104.186, Florida Statutes, is amended
 1096  to read:
 1097         104.186 Initiative petitions; violations.—A person who
 1098  compensates a petition circulator as defined in s. 97.021 based
 1099  on the number of petition forms gathered commits a felony
 1100  misdemeanor of the third first degree, punishable as provided in
 1101  s. 775.082, or s. 775.083, or s. 775.084. This section does not
 1102  prohibit employment relationships that do not base payment on
 1103  the number of signatures collected.
 1104         Section 29. Subsection (2) of section 124.011, Florida
 1105  Statutes, is amended to read:
 1106         124.011 Alternate procedure for the election of county
 1107  commissioners to provide for single-member representation;
 1108  applicability.—
 1109         (2)(a) All commissioners shall be elected for 4-year terms
 1110  which shall be staggered so that, alternately, one more or one
 1111  less than half of the commissioners elected from residence areas
 1112  and, if applicable, one of the commissioners elected at large
 1113  from the entire county are elected every 2 years, except that
 1114  any commissioner may be elected to an initial term of less than
 1115  4 years if necessary to achieve or maintain such system of
 1116  staggered terms. Notwithstanding any law to the contrary, at the
 1117  general election immediately following redistricting directed by
 1118  s. 1(e), Art. VIII of the State Constitution, each commissioner
 1119  elected only by electors who reside in the district must be
 1120  elected and terms thereafter shall be staggered as provided in
 1121  s. 100.041.
 1122         (b) The term of a commissioner elected under paragraph (a)
 1123  commences on the second Tuesday after such election.
 1124         (c) This subsection does not apply to:
 1125         1. Miami-Dade County.
 1126         2. Any noncharter county.
 1127         3. Any county the charter of which limits the number of
 1128  terms a commissioner may serve.
 1129         4. Any county in which voters have never approved a charter
 1130  amendment limiting the number of terms a commissioner may serve
 1131  regardless of subsequent judicial nullification.
 1132         Section 30. Paragraph (a) of subsection (3) of section
 1133  921.0022, Florida Statutes, is amended to read:
 1134         921.0022 Criminal Punishment Code; offense severity ranking
 1135  chart.—
 1136         (3) OFFENSE SEVERITY RANKING CHART
 1137         (a) LEVEL 1
 1138  
 1139  FloridaStatute          FelonyDegree          Description          
 1140  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
 1141  104.0616(2)                 3rd     Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.
 1142  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
 1143  212.15(2)(b)                3rd     Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
 1144  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
 1145  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
 1146  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
 1147  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 1148  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
 1149  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
 1150  322.212(5)(a)               3rd     False application for driver license or identification card.
 1151  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 1152  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
 1153  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value $1,000 or more.
 1154  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
 1155  713.69                      3rd     Tenant removes property upon which lien has accrued, value $1,000 or more.
 1156  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 1157  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
 1158  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
 1159  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
 1160  826.01                      3rd     Bigamy.                        
 1161  828.122(3)                  3rd     Fighting or baiting animals.   
 1162  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 1163  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 1164  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
 1165  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
 1166  838.15(2)                   3rd     Commercial bribe receiving.    
 1167  838.16                      3rd     Commercial bribery.            
 1168  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
 1169  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 1170  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
 1171  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
 1172  849.25(2)                   3rd     Engaging in bookmaking.        
 1173  860.08                      3rd     Interfere with a railroad signal.
 1174  860.13(1)(a)                3rd     Operate aircraft while under the influence.
 1175  893.13(2)(a)2.              3rd     Purchase of cannabis.          
 1176  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
 1177  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 1178         Section 31. (1) It is the intent of the Legislature to
 1179  balance the security of vote-by-mail balloting with voter
 1180  privacy and election transparency. The Legislature finds that
 1181  further modifications to procedures governing vote-by-mail
 1182  balloting would help to further ensure election integrity while
 1183  also protecting voters from identity theft and preserving the
 1184  public’s right to participate in election processes. To achieve
 1185  this purpose, the Legislature directs the Department of State to
 1186  provide a plan to prescribe the use of a Florida driver license
 1187  number, Florida identification card number, social security
 1188  number, or any part thereof to confirm the identity of each
 1189  elector returning a vote-by-mail ballot.
 1190         (2) The Department of State shall review issues involving
 1191  the feasibility, development, and implementation of such a plan,
 1192  including issues related to:
 1193         (a) In coordination with other agencies such as the
 1194  Department of Highway Safety and Motor Vehicles, obtaining a
 1195  Florida driver license number or Florida identification card
 1196  number and the last four digits of a social security number for
 1197  each registered voter who does not have such numbers on file in
 1198  the Florida Voter Registration System.
 1199         (b) Populating such numbers in the Florida Voter
 1200  Registration System.
 1201         (c) Protecting identifying numbers submitted with a vote
 1202  by-mail ballot, including, but not limited to, prescribing the
 1203  form of the return mailing envelope.
 1204         (d) Any necessary modifications to canvassing procedures
 1205  for vote-by-mail ballots.
 1206         (e) Costs associated with development and implementation of
 1207  the plan.
 1208         (f) A proposal for a program to educate electors on changes
 1209  to the vote-by-mail process.
 1210         (g) A proposal for including a declaration of an elector’s
 1211  current address of legal residence with each written request for
 1212  a vote-by-mail ballot.
 1213         (3) In the course of reviewing the required issues, the
 1214  Department of State must, at a minimum:
 1215         (a) Review relevant processes of other states.
 1216         (b) Review relevant federal law.
 1217         (c) Seek input from supervisors of elections, which must
 1218  include representation from supervisors of counties with large,
 1219  medium, and small populations.
 1220         (4) By February 1, 2023, the Department of State shall
 1221  submit to the President of the Senate and the Speaker of the
 1222  House of Representatives a report on the plan and draft
 1223  legislation for any statutory changes needed to implement the
 1224  plan, including any necessary public records exemptions.
 1225         Section 32. Except as otherwise expressly provided in this
 1226  act, this act shall take effect upon becoming a law.

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