Elections

Florida Senate
-
2026

SB 1598

By
Senator Bracy Davis

15-00639A-26 20261598__
1 A bill to be entitled
2 An act relating to elections; amending s. 20.10, F.S.;
3 requiring that the Secretary of State be elected,
4 rather than appointed, and serve a specified term;
5 specifying when such election must occur; amending s.
6 20.32, F.S.; requiring the Florida Commission on
7 Offender Review to develop and maintain a database for
8 a specified purpose; specifying database requirements;
9 requiring specified entities to provide specified
10 information to the commission on a monthly basis;
11 requiring the Department of Management Services,
12 acting through the Florida Digital Service, to provide
13 technical assistance to the commission in developing
14 and maintaining the database; authorizing the
15 Department of Management Services to adopt rules;
16 requiring the commission to make the database publicly
17 available on a website by a specified date; requiring
18 the commission to update the database monthly;
19 requiring the commission to publish certain
20 instructions on the website; requiring the commission
21 to submit a certain comprehensive plan to the Governor
22 and the Legislature by a specified date; specifying
23 requirements for the comprehensive plan; providing
24 that certain persons who register to vote may not be
25 charged with certain violations as a result of such
26 registration or voting; requiring the Division of
27 Elections and the supervisors of elections to complete
28 the necessary steps to reregister individuals under
29 specified conditions; requiring the division and
30 supervisors to send certain mail to individuals under
31 specified conditions; requiring the information in the
32 statewide database to be updated weekly rather than
33 monthly during a specified timeframe; requiring the
34 commission to adopt rules; amending s. 97.021, F.S.;
35 defining terms; revising the definition of the term
36 “election”; providing construction; repealing s.
37 97.022, F.S., relating to the Office of Election
38 Crimes and Security; repealing s. 97.0291, F.S.,
39 relating to prohibiting the use of private funds for
40 election-related expenses; creating s. 97.0556, F.S.;
41 authorizing a person who meets certain requirements to
42 register to vote for the early voting period or
43 election day at an early voting site or his or her
44 polling place and cast a ballot immediately
45 thereafter; amending s. 97.057, F.S.; authorizing the
46 Department of Highway Safety and Motor Vehicles to
47 preregister certain individuals to vote; providing
48 that driver license or identification card
49 applications, driver license or identification card
50 renewal applications, and applications for changes of
51 address for existing driver licenses or identification
52 cards submitted to the department serve as voter
53 registration applications; providing that an applicant
54 is deemed to have consented to the use of his or her
55 signature for voter registration purposes unless a
56 declination is made; requiring that specified
57 applications include a voter registration component,
58 subject to approval by the Department of State;
59 providing requirements for the voter registration
60 component; requiring the Department of Highway Safety
61 and Motor Vehicles to transmit voter registration
62 information electronically to the Department of State
63 within a specified timeframe; requiring the Department
64 of State to provide such information to supervisors of
65 elections; deleting a provision prohibiting persons
66 providing voter registration services for a driver
67 license office from making changes to an applicant’s
68 party affiliation without the applicant’s consent and
69 separate signature; requiring the Department of
70 Highway Safety and Motor Vehicles to ensure that all
71 registration services comply with state and federal
72 laws; requiring the Department of Highway Safety and
73 Motor Vehicles, as soon as practicable, to notify the
74 Department of State of any change to a driver license
75 number or identification card number; requiring the
76 Department of State to transmit such changes to the
77 appropriate supervisor; requiring such supervisors to
78 update registration records and provide notice by mail
79 of such change to the registrant; prohibiting a change
80 in a driver license or an identification card number
81 from being the sole basis that prevents an otherwise
82 eligible citizen from casting his or her ballot;
83 deleting obsolete language; making technical changes;
84 amending s. 97.0575, F.S.; revising the information a
85 third-party voter registration organization is
86 required to provide to the Division of Elections of
87 the Department of State; deleting a provision that
88 provides for the expiration of such organization’s
89 registration at the conclusion of the general election
90 cycle for which the organization is registered;
91 deleting provisions requiring such organizations to
92 provide a specified receipt in a uniform format to
93 applicants; revising the timeframe within which such
94 organizations must deliver completed applications to
95 the division or a supervisor of elections; revising
96 certain penalties; revising the aggregate limit of
97 such penalties; requiring that fines be remitted to
98 specified supervisors of elections; requiring such
99 supervisors to expend monies collected from such fines
100 for specified purposes; deleting criminal and
101 administrative penalties; deleting provisions
102 requiring the division to adopt certain rules;
103 deleting provisions that prohibit providing applicants
104 a pre-filled voter registration application and the
105 specified fine for such action; deleting provisions
106 for retroactive application; creating part III of ch.
107 97, F.S., entitled “Florida Voting Rights Act”;
108 creating s. 97.21, F.S.; prohibiting local
109 governments, state agencies, and state officials from
110 implementing, imposing, or enforcing election
111 policies, practices, or actions that result in, will
112 result in, or are intended to result in specified
113 disparities or impairments; providing that it is not a
114 violation if such entities demonstrate, by a specified
115 evidentiary standard, certain conditions; providing
116 that it is always a violation if specified
117 circumstances exist; prohibiting local governments
118 from employing methods of election that have the
119 effect, will likely have the effect, or are motivated
120 in part by the intent of diluting the vote of
121 protected class members; providing the requirements to
122 establish a violation; providing relevant factors to
123 evaluate the totality of circumstances related to
124 voter suppression and vote dilution; providing
125 construction; providing that such factors are most
126 probative under a specified condition; providing
127 circumstances used to determine whether elections in
128 the local government exhibit racially polarized
129 voting; providing construction; providing
130 circumstances that are never relevant to violations of
131 specified provisions; providing that a state interest
132 in preventing voter fraud or bolstering voter
133 confidence in the integrity of elections is relevant
134 under specified circumstances; providing that evidence
135 concerning the intent of electors, elected officials,
136 and public officials is not required to prove such
137 violations; providing that voting habits of protected
138 class members may be relevant to certain violations;
139 requiring a prospective plaintiff, before filing a
140 certain action against a local government, to send a
141 notification letter, by specified means, to the local
142 government; prohibiting a party from filing an action
143 under specified circumstances; authorizing a local
144 government to adopt a specified resolution within a
145 specified timeframe; providing that, under certain
146 circumstances, a proposed remedy in such resolution
147 may be approved by the Florida Voting Rights Act
148 Commission if certain conditions are met; authorizing
149 a party that sent a notification letter to submit a
150 claim for reimbursement from the local government
151 under specified circumstances; providing requirements
152 for such claim; authorizing the party or local
153 government to file an action for declaratory judgment
154 for a clarification of rights under certain
155 circumstances; authorizing a party to bring a cause of
156 action for a specified violation under specified
157 circumstances; requiring certain local governments to
158 take certain action; requiring the commission to post
159 notification letters and resolutions on its website
160 under certain circumstances; authorizing the
161 commission to adopt certain rules; prohibiting local
162 governments from asserting specified defenses;
163 authorizing specified entities to file certain
164 enforcement actions; prohibiting certain entities from
165 being compelled to disclose the identity of a member;
166 providing construction; creating s. 97.22, F.S.;
167 creating the Florida Voting Rights Act Commission
168 within the Department of State; providing that the
169 commission is a separate budget entity and must submit
170 a budget in accordance with specified provisions;
171 requiring the commission to have its own staff;
172 providing that the commission is not subject to
173 control, supervision, or direction by the Department
174 of State; providing for the composition of the
175 commission; providing that commissioners serve
176 staggered terms; requiring that commissioners be
177 compensated at a specified hourly rate; requiring the
178 formation of a nominating committee; providing for the
179 appointment and removal of nominating committee
180 members; requiring the nominating committee to select
181 a chair; requiring that commissioners be selected
182 using a specified process; requiring that upon initial
183 formation of the commission, a specified number of
184 commissioners be selected by lot and randomly assigned
185 term lengths for purposes of achieving staggered
186 terms; providing for filling vacancies on the
187 commission; authorizing the commission to take
188 specified actions in any action or investigation to
189 enforce specified provisions; authorizing the
190 commission to hire staff and make expenditures for a
191 specified purpose; authorizing the commission to adopt
192 rules; creating s. 97.23, F.S.; requiring the
193 commission to enter into agreements with one or more
194 postsecondary educational institutions to create the
195 Florida Voting and Elections Database and Institute
196 for specified purposes; requiring the parties to the
197 agreement to enter into a memorandum of understanding
198 that includes the process for selecting a director of
199 the database and institute; requiring the database and
200 institute to provide a center for specified purposes;
201 authorizing the database and institute to perform
202 specified actions; requiring the database and
203 institute to make election and voting data records for
204 a specified timeframe available to the public at no
205 cost and to maintain such records in an electronic
206 format; requiring the database and institute to use
207 certain methodologies when preparing estimates;
208 specifying the data and records that must be
209 maintained; requiring state agencies and local
210 governments to timely provide any information
211 requested by the director of the database and
212 institute; requiring local governments to transmit
213 specified information to the database and institute
214 within a certain timeframe; requiring specified
215 entities to provide data, statistics, and other
216 information annually to the database and institute;
217 authorizing specified entities to file enforcement
218 actions; providing construction; prohibiting certain
219 entities from being compelled to disclose the identity
220 of a member for a certain purpose; providing that
221 enforcement actions may be filed in accordance with
222 the Florida Rules of Civil Procedure or in a specified
223 venue; requiring the database and institute to
224 annually publish a certain report within a specified
225 timeframe; requiring the database and institute to
226 provide nonpartisan technical assistance to specified
227 entities; providing that a rebuttable presumption
228 exists that data, estimates, or other information from
229 the database and institute is valid; creating s.
230 97.24, F.S.; defining terms; requiring the Florida
231 Voting Rights Act Commission to designate languages
232 other than English for which language assistance must
233 be provided by a local government, if certain
234 conditions exist; providing the circumstances under
235 which the commission must designate languages other
236 than English for voting and elections; requiring the
237 commission to publish specified information annually
238 on its website and distribute such information to
239 local governments; requiring local governments to
240 provide language assistance for specified purposes if
241 the commission makes a certain determination;
242 requiring that certain materials be provided in such
243 language; requiring that certain information be given
244 orally to voters; requiring that translated materials
245 be of a certain quality, convey a specified intent and
246 meaning, and may not rely solely on automatic
247 translation services; requiring that live translation
248 be used if available; requiring the commission to
249 establish a specified review process; providing
250 requirements for such review process; authorizing
251 specified entities to file enforcement actions;
252 prohibiting certain entities from being compelled to
253 disclose the identity of a member for a certain
254 purpose; providing construction; requiring that
255 enforcement actions be filed in accordance with the
256 Florida Rules of Civil Procedure or in a specified
257 venue; creating s. 97.25, F.S.; providing that the
258 enactment or implementation of a covered policy by a
259 covered jurisdiction is subject to preclearance by the
260 commission; specifying actions by a local government
261 which are covered policies; requiring that if a
262 covered jurisdiction does not make changes to its
263 method of election, such method is deemed a covered
264 policy that must be submitted to the commission;
265 specifying which local governments are covered
266 jurisdictions; requiring the commission to determine
267 and publish annually on its website a list of local
268 governments that are covered jurisdictions; requiring
269 a covered jurisdiction, if seeking preclearance, to
270 submit the covered policy to the commission in
271 writing; requiring the commission to review the
272 covered policy and grant or deny preclearance;
273 providing that the covered jurisdiction bears the
274 burden of proof in the preclearance process; providing
275 that the commission may deny preclearance only if it
276 makes certain determinations; providing that if
277 preclearance is denied, the covered policy may not be
278 enacted or implemented; requiring the commission to
279 provide a written explanation for a denial;
280 authorizing a covered jurisdiction to immediately
281 enact or implement a covered policy if granted
282 preclearance; providing that such determination is not
283 admissible and may not be considered by a court in a
284 subsequent action challenging the covered policy;
285 providing that a covered policy is deemed precleared
286 and may be implemented or enacted by the covered
287 jurisdiction if the commission fails to approve or
288 deny the covered policy within specified timeframes;
289 requiring the commission to grant or deny preclearance
290 within specified timeframes; authorizing the
291 commission to invoke a specified number of extensions
292 of a specified timeframe to determine preclearance;
293 providing that a denial of preclearance may be
294 appealed only by the covered jurisdiction in a
295 specified venue; authorizing specified entities to
296 enjoin the enactment or implementation of specified
297 policies and to seek sanctions against covered
298 jurisdictions in specified circumstances; authorizing
299 specified entities to file enforcement actions;
300 prohibiting certain entities from being compelled to
301 disclose the identity of a member for a certain
302 purpose; providing construction; specifying that
303 enforcement actions must be filed in accordance with
304 the Florida Rules of Civil Procedure or in a specified
305 venue; requiring the commission to adopt rules;
306 creating s. 97.26, F.S.; prohibiting a person from
307 engaging in acts of intimidation, deception, or
308 obstruction, or any other tactic that has the effect
309 or will reasonably have the effect, of interfering
310 with another person’s right to vote; specifying acts
311 that are deemed violations; providing a rebuttable
312 presumption; providing an exception; authorizing
313 specified entities to file a civil action alleging a
314 violation of specified provisions; prohibiting certain
315 entities from being compelled to disclose the identity
316 of a member for a certain purpose; providing
317 construction; specifying that actions must be filed in
318 accordance with the Florida Rules of Civil Procedure
319 or in a specified venue; requiring the court to order
320 specified remedies; creating s. 97.27, F.S.; providing
321 construction; providing applicability; creating s.
322 97.28, F.S.; requiring the court to order appropriate
323 remedies for violations of the act; specifying
324 appropriate remedies; requiring the court to consider
325 remedies proposed by specified parties; prohibiting
326 the court from giving deference to a remedy proposed
327 by the state or local government; providing that the
328 court is empowered to require local governments to
329 implement certain remedies under specified conditions;
330 requiring the court to grant a temporary injunction or
331 other preliminary relief requested under specified
332 conditions; requiring the court to award attorney fees
333 and litigation costs to the prevailing party in
334 actions to enforce specified provisions; providing
335 that a party is deemed to prevail if certain
336 conditions are met; prohibiting the court from
337 awarding costs for the prevailing party under
338 specified circumstances; amending s. 98.045, F.S.;
339 conforming a cross-reference; amending s. 98.255,
340 F.S.; revising the standards the Department of State
341 is required to prescribe by rule for nonpartisan voter
342 education; requiring that supervisors provide public
343 facing voter information in plain language to be
344 understood by certain persons; amending s. 100.371,
345 F.S.; providing that a certain notice may be returned
346 to the supervisor of elections instead of the Office
347 of Elections Crime and Security; requiring that such
348 notice contain specified information relating to the
349 supervisor of elections; requiring supervisors to
350 transmit a copy of such notice to the Division of
351 Elections; requiring supervisors to notify the
352 Department of State instead of the Office of Election
353 Crimes and Security if a specified percentage of
354 petition forms are deemed invalid; requiring the
355 department instead of the Office of Election Crimes
356 and Security to conduct a certain preliminary
357 investigation; authorizing the Secretary of State
358 instead of the Office of Election Crimes and Security
359 to report findings to the statewide prosecutor; making
360 conforming changes; creating s. 100.51, F.S.;
361 establishing General Election Day as a paid holiday;
362 providing that a voter may absent himself or herself
363 from service or employment at a specific time on
364 General Election Day and may not be penalized or have
365 salary or wages deducted for such absence; creating s.
366 101.016, F.S.; requiring the Division of Elections to
367 maintain a secure election equipment reserve for
368 specified purposes; requiring that such reserve
369 include specified equipment; authorizing the division
370 to contract with specified entities rather than
371 physically maintain such reserve; providing contract
372 requirements; requiring the division to annually
373 submit a specified report to the Governor and the
374 Legislature, beginning on a specified date; repealing
375 s. 101.019, F.S., relating to the prohibition against
376 ranked-choice voting; amending s. 101.048, F.S.;
377 providing that a voter may cast a provisional ballot
378 at any precinct in the county in which the voter
379 claims to be registered; making technical changes;
380 amending s. 101.572, F.S.; deleting provisions on the
381 public inspection of ballots and ballot cards and
382 notification to candidates; amending s. 101.62, F.S.;
383 providing that a request for a vote-by-mail ballot is
384 valid until the voter cancels the request; revising
385 the timeframe during which the supervisor must mail
386 vote-by-mail ballots before election day; deleting
387 requirements for a person designated by a voter to
388 pick up the voter’s vote-by-mail ballot; providing for
389 extension of deadlines under certain conditions;
390 amending s. 101.64, F.S.; requiring supervisors of
391 elections to enclose a postage prepaid mailing
392 envelope with each vote-by-mail ballot; providing that
393 vote-by-mail ballot voter certificates may be signed
394 with the last four digits of the voter’s social
395 security number; making technical changes; amending s.
396 101.65, F.S.; revising the instructions that must be
397 provided with a vote-by-mail ballot; amending s.
398 101.68, F.S.; requiring supervisors of elections to
399 compare the signature or last four digits of the
400 social security number on a voter’s certificate with
401 the signature or last four digits of the social
402 security number in the registration books or precinct
403 register when canvassing a vote-by-mail ballot;
404 requiring a canvassing board to compare the signature
405 or last four digits of the social security number on a
406 voter’s certificate or vote-by-mail ballot cure
407 affidavit with the signature or last four digits of
408 the social security number in the registration books
409 or precinct register when canvassing a vote-by-mail
410 ballot and to determine the validity of such ballot;
411 deleting the authorization for certain persons to file
412 a protest against the canvass of a ballot; revising
413 the instructions on a cure affidavit; amending s.
414 101.69, F.S.; deleting a provision providing that
415 specified secure ballot intake stations be used only
416 during specified timeframes and be monitored by an
417 employee of the supervisor’s office; requiring that
418 secure ballot intake stations be monitored by the
419 supervisor’s office during specified timeframes
420 instead of continuously monitored in person by an
421 employee; deleting a provision authorizing a certain
422 civil penalty; making technical changes; repealing s.
423 104.0616, F.S., relating to violations regarding vote
424 by-mail ballots and voting; amending s. 104.155, F.S.;
425 deleting a provision prohibiting a person from raising
426 his or her ignorance regarding citizenship as a
427 defense to specified violations; amending ss. 104.42
428 and 921.0022, F.S.; conforming provisions to changes
429 made by the act; providing effective dates.
430
431 WHEREAS, Harry T. and Harriette V. Moore were the first
432 true civil rights activists of the modern civil rights era in
433 this state, and
434 WHEREAS, the Moores, and the organizations they helped
435 found and lead, were instrumental in registering more than
436 100,000 black voters in this state, and
437 WHEREAS, the Moores paid the ultimate price for the
438 freedoms they fought to secure for their community when members
439 of the Ku Klux Klan bombed their home in Mims on Christmas Day
440 in 1951, and
441 WHEREAS, at the time of their death, Florida had the most
442 registered black voters, outpacing any other state in the South,
443 and
444 WHEREAS, the purpose of this act is to encourage maximum
445 participation of all eligible voters in this state’s electoral
446 process, and
447 WHEREAS, electoral systems that deny race, color, or
448 language minority groups an equal opportunity to elect
449 candidates of their choice and influence the outcome of an
450 election are inconsistent with the right to equal treatment
451 before the law as provided in Articles I and II of the State
452 Constitution, as well as protections found in the 14th and 15th
453 Amendments to the United States Constitution, and
454 WHEREAS, this act expands voting rights granted under the
455 federal Voting Rights Act of 1965 and reaffirms the well
456 established principle of “one person, one vote,” and
457 WHEREAS, following decisions by the United States Supreme
458 Court in
Shelby County v. Holder
and
Brnovich v. Democratic

459
National Committee
, the landmark Voting Rights Act of 1965 has
460 been severely diminished in its ability to protect the freedom
461 and opportunity of black and brown voters to participate fully
462 in the political process of our democratic republic, and
463 WHEREAS, this act builds on the historical work of the
464 named and nameless Floridians who fought for their right to the
465 elective franchise, NOW, THEREFORE,
466
467 Be It Enacted by the Legislature of the State of Florida:
468
469 Section 1. Effective upon becoming a law, subsection (1) of
470 section 20.10, Florida Statutes, is amended to read:
471 20.10 Department of State.—There is created a Department of
472 State.
473 (1) The head of the Department of State is the Secretary of
474 State. The Secretary of State shall be
elected at the statewide

475
general election at which the Governor, Lieutenant Governor, and

476
Cabinet officers are elected, as provided in s. 5, Art. IV of

477
the State Constitution, and shall serve a term of 4 years

478
beginning on the first Tuesday after the first Monday in January

479
of the year following such election

appointed by the Governor,

480
subject to confirmation by the Senate, and shall serve at the

481
pleasure of the Governor
. The Secretary of State shall perform
482 the functions conferred by the State Constitution upon the
483 custodian of state records.
484 Section 2. Subsection (4) is added to section 20.32,
485 Florida Statutes, to read:
486 20.32 Florida Commission on Offender Review.—
487
(4)
(a)

For the purpose of assisting a person who has been

488
disqualified from voting based on a felony conviction, other

489
than a conviction for murder or a felony sexual offense, in

490
determining whether he or she has met the requirements under s.

491
98.0751 to have his or her voting rights restored pursuant to s.

492
4, Art. VI of the State Constitution, the commission shall

493
develop and maintain a database that contains for each such

494
person all of the following information:

495
1.

His or her name and any other personal identifying

496
information.

497
2.

The remaining length of any term of supervision,

498
including, but not limited to, probation, community control, or

499
parole, ordered by a court as part of his or her sentence.

500
3.

The remaining amount of any restitution he or she owes

501
to a victim as ordered by a court as part of his or her

502
sentence.

503
4.

The remaining amount due of all fines or fees that were

504
initially ordered by a court as part of his or her sentence or

505
as a condition of any form of supervision, including, but not

506
limited to, probation, community control, or parole.

507
5.

The completion status of any other term ordered by a

508
court as a part of his or her sentence.

509
6.

Any other information needed to determine whether he or

510
she has met the requirements for restoration of voting rights

511
under s. 98.0751.

512
(b)

The Department of State, the Department of Corrections,

513
the clerks of the circuit court, the county comptrollers, and

514
the Board of Executive Clemency shall provide to the commission

515
on a monthly basis any information required under paragraph (a).

516
(c)

The Department of Management Services, acting through

517
the Florida Digital Service, shall provide any technical

518
assistance necessary for the commission to develop and maintain

519
the database. The Department of Management Services may adopt

520
rules governing the provision of such assistance.

521
(d)

By July 1, 2028, the commission shall make the database

522
available on a public website. The commission shall update the

523
database monthly with the information received from each

524
governmental entity under paragraph (b). The commission shall

525
publish on the website clear instructions that a person who has

526
been disqualified from voting based on a felony conviction,

527
other than for murder or a felony sexual offense, may follow to

528
have his or her voting rights restored and to register to vote.

529
(e)

By July 1, 2027, the commission shall provide a

530
comprehensive plan to the Governor, the President of the Senate,

531
and the Speaker of the House of Representatives which includes

532
all of the following:

533
1.

The governmental entities from which and the methods by

534
which the commission shall collect, centralize, analyze, and

535
secure the information required to be included in the database.

536
2.

A description of any infrastructure and services,

537
including, but not limited to, software, hardware, and

538
information technology services, which may be necessary to

539
create and maintain the database.

540
3.

The anticipated number of additional employees necessary

541
for:

542
a.

The commission to develop and maintain the database.

543
b.

A governmental entity to provide the information

544
required under paragraph (b).

545
c.

The Florida Digital Service to provide the assistance

546
required under paragraph (c).

547
4.

The anticipated initial cost to develop the database;

548
the annual cost to maintain the database; and the annual

549
appropriation required to fund the anticipated costs incurred by

550
the commission, each governmental entity, and the Florida

551
Digital Service.

552
5.

Any legal authority necessary for the commission to

553
develop and maintain the database.

554
6.

Draft legislation to implement the comprehensive plan.

555
(f)

Notwithstanding any other law, a person who registers

556
to vote or who votes in reasonable reliance on information

557
contained in the database indicating that his or her voting

558
rights have been restored pursuant to s. 4, Art. VI of the State

559
Constitution has an affirmative right to register and to vote

560
and may not be charged with a violation of any criminal law of

561
this state related to fraudulently voting or registering to

562
vote.

563
(g)

If an individual was registered to vote before his or

564
her felony conviction met the requirements under s. 98.0751 to

565
have his or her voting rights restored pursuant to s. 4, Art. VI

566
of the State Constitution, the Division of Elections and the

567
individual’s supervisor of elections

shall, as soon as

568
practicable, complete the necessary steps to automatically

569
reregister such individual to vote at his or her most recent

570
address. This process must be noted in the statewide database.

571
(h)

If an individual meets the requirements under s.

572
98.0751 to have his or her voting rights restored pursuant to s.

573
4, Art. VI of the State Constitution, but was not registered to

574
vote before his or her conviction, the Division of Elections and

575
the individual’s supervisor of elections shall send by United

576
States mail to the individual’s most current address information

577
on how to register to vote, including a copy of the current

578
voter registration form. This process must be noted in the

579
statewide database.

580
(i)

Within 120 days before a general election until the

581
voter registration deadline for that election, information on

582
the statewide database must be updated weekly rather than

583
monthly.

584
(j)

The commission shall adopt rules to implement this

585
subsection.

586 Section 3. Section 97.021, Florida Statutes, is amended to
587 read:
588 97.021 Definitions.—For the purposes of this code, except
589 where the context clearly indicates otherwise, the term:
590 (1) “Absent elector” means any registered and qualified
591 voter who casts a vote-by-mail ballot.
592 (2) “Absent uniformed services voter” means:
593 (a) A member of a uniformed service on active duty who, by
594 reason of such active duty, is absent from the place of
595 residence where the member is otherwise qualified to vote;
596 (b) A member of the merchant marine who, by reason of
597 service in the merchant marine, is absent from the place of
598 residence where the member is otherwise qualified to vote; or
599 (c) A spouse or dependent of a member referred to in
600 paragraph (a) or paragraph (b) who, by reason of the active duty
601 or service of the member, is absent from the place of residence
602 where the spouse or dependent is otherwise qualified to vote.
603 (3) “Address of legal residence” means the legal
604 residential address of the elector and includes all information
605 necessary to differentiate one residence from another,
606 including, but not limited to, a distinguishing apartment,
607 suite, lot, room, or dormitory room number or other identifier.
608 (4) “Alternative formats” has the meaning ascribed in the
609 Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42
610 U.S.C. ss. 12101 et seq., including specifically the technical
611 assistance manuals promulgated thereunder, as amended.
612 (5) “Automatic tabulating equipment” means an apparatus
613 that automatically examines, counts, and records votes.
614 (6) “Ballot” or “official ballot” when used in reference
615 to:
616 (a) “Electronic or electromechanical devices” means a
617 ballot that is voted by the process of electronically
618 designating, including by touchscreen, or marking with a marking
619 device for tabulation by automatic tabulating equipment or data
620 processing equipment.
621 (b) “Marksense ballots” means that printed sheet of paper,
622 used in conjunction with an electronic or electromechanical vote
623 tabulation voting system, containing the names of candidates, or
624 a statement of proposed constitutional amendments or other
625 questions or propositions submitted to the electorate at any
626 election, on which sheet of paper an elector casts his or her
627 vote.
628 (7) “Candidate” means any person to whom any one or more of
629 the following applies:
630 (a) Any person who seeks to qualify for nomination or
631 election by means of the petitioning process.
632 (b) Any person who seeks to qualify for election as a
633 write-in candidate.
634 (c) Any person who receives contributions or makes
635 expenditures, or gives his or her consent for any other person
636 to receive contributions or make expenditures, with a view to
637 bringing about his or her nomination or election to, or
638 retention in, public office.
639 (d) Any person who appoints a treasurer and designates a
640 primary depository.
641 (e) Any person who files qualification papers and
642 subscribes to a candidate’s oath as required by law.
643
644 However, this definition does not include any candidate for a
645 political party executive committee.
646 (8)
“Database and institute” means the Florida Voting and

647
Elections Database and Institute.

648
(
9
)
“Department” means the Department of State.
649
(10)
(9)
“Division” means the Division of Elections of the
650 Department of State.
651
(11)
(10)
“Early voting” means casting a ballot prior to
652 election day at a location designated by the supervisor of
653 elections and depositing the voted ballot in the tabulation
654 system.
655
(12)
(11)
“Early voting area” means the area designated by
656 the supervisor of elections at an early voting site at which
657 early voting activities occur, including, but not limited to,
658 lines of voters waiting to be processed, the area where voters
659 check in and are processed, and the area where voters cast their
660 ballots.
661
(13)
(12)
“Early voting site” means those locations
662 specified in s. 101.657 and the building in which early voting
663 occurs.
664
(14)
(13)
“Election” means any primary election, special
665 primary election, special election, general election,
county

666
election, municipal election, referendum,

or
presidential
667 preference primary election
, or any other local or state

668
election
.
669
(15)
(14)
“Election board” means the clerk and inspectors
670 appointed to conduct an election.
671
(16)
(15)
“Election costs” shall include, but not be limited
672 to, expenditures for all paper supplies such as envelopes,
673 instructions to voters, affidavits, reports, ballot cards,
674 ballot booklets for vote-by-mail voters, postage, notices to
675 voters; advertisements for registration book closings, testing
676 of voting equipment, sample ballots, and polling places; forms
677 used to qualify candidates; polling site rental and equipment
678 delivery and pickup; data processing time and supplies; election
679 records retention; and labor costs, including those costs
680 uniquely associated with vote-by-mail ballot preparation, poll
681 workers, and election night canvass.
682
(17)

“Election policy or practice” includes any

683
qualification to be an elector, prerequisite to voting, or

684
method of election, as well as any law, statute, ordinance,

685
resolution, charter code or provision, regulation, rule, policy,

686
practice, procedure, standard, or action with respect to voting

687
or the administration or schedule of elections.

688
(18)
(16)
“Elector” is synonymous with the word “voter” or
689 “qualified elector or voter,” except where the word is used to
690 describe presidential electors.
691
(19)

“Federal Voting Rights Act” means the federal Voting

692
Rights Act of 1965,
52 U.S.C. s. 10301
et seq., as amended.

693
(20)

“FLVRA Commission” means the Florida Voting Rights Act

694
Commission.

695
(21)
(17)
“General election” means an election held on the
696 first Tuesday after the first Monday in November in the even
697 numbered years, for the purpose of filling national, state,
698 county, and district offices and for voting on constitutional
699 amendments not otherwise provided for by law.
700
(22)

“Government enforcement action” means any denial of

701
administrative or judicial preclearance by the state or the

702
Federal Government; pending litigation filed by a state or

703
federal entity; or final judgment or adjudication, consent

704
decree, or other similar formal action.

705
(23)

“Legislative body” means the commission, council,

706
school board, or other similar body, by whatever name known, of

707
local government.

708
(24)
(18)
“Lists of registered electors” means names and
709 associated information of registered electors maintained by the
710 department in the statewide voter registration system or
711 generated or derived from the statewide voter registration
712 system. Lists may be produced in printed or electronic format.
713
(25)

“Local government” means any county, municipality,

714
school district, special district, supervisor of elections or

715
other governmental entity that administers elections, or any

716
other political subdivision in this state in which elections are

717
conducted.

718
(26)
(19)
“Member of the Merchant Marine” means an
719 individual, other than a member of a uniformed service or an
720 individual employed, enrolled, or maintained on the Great Lakes
721 for the inland waterways, who is:
722 (a) Employed as an officer or crew member of a vessel
723 documented under the laws of the United States, a vessel owned
724 by the United States, or a vessel of foreign-flag registry under
725 charter to or control of the United States; or
726 (b) Enrolled with the United States for employment or
727 training for employment, or maintained by the United States for
728 emergency relief service, as an officer or crew member of such
729 vessel.
730
(27)

“Method of election” means the method by which

731
candidates are elected to a governmental body of a local

732
government and includes any at-large, district-based, share

733
based, or other method of election, as well as any districting

734
or redistricting plan used to elect candidates to the

735
governmental body. Methods of election include:

736
(a)

“At-large method of election” means a method of

737
election in which candidates are voted on by all voters in the

738
local government’s jurisdiction, voters are allowed or required

739
to cast as many votes as there are seats to fill, and voters may

740
not cast more than one vote for a given candidate.

741
(b)

“District-based method of election” means a method of

742
election in which the local government is divided into

743
districts, each district is represented by a single

744
representative, and a candidate is voted on only by voters

745
residing in his or her district.

746
(c)

“Other method of election” means a method of election

747
other than an at-large, district-based, or share-based method of

748
election, or any combination of methods of election.

749
(d)

“Share-based method of election” means a method of

750
election in which more than one candidate is to be elected and

751
different groups of voters may each elect their preferred

752
candidates to the seats to fill based on their relative share of

753
the votes cast. Share-based methods of election include, but are

754
not limited to, the single transferable vote, cumulative voting,

755
limited voting, and party-list or state-list systems.

756
(28)
(20)
“Minor political party” is any group as specified
757 in s. 103.095 which on January 1 preceding a primary election
758 does not have registered as members 5 percent of the total
759 registered electors of the state.
760
(29)
(21)
“Newspaper of general circulation” means a
761 newspaper printed in the language most commonly spoken in the
762 area within which it circulates and which is readily available
763 for purchase by all inhabitants in the area of circulation, but
764 does not include a newspaper intended primarily for members of a
765 particular professional or occupational group, a newspaper the
766 primary function of which is to carry legal notices, or a
767 newspaper that is given away primarily to distribute
768 advertising.
769
(30)
(22)
“Nominal value” means having a retail value of $10
770 or less.
771
(31)
(23)
“Nonpartisan office” means an office for which a
772 candidate is prohibited from campaigning or qualifying for
773 election or retention in office based on party affiliation.
774
(32)
(24)
“Office that serves persons with disabilities”
775 means any state office that takes applications either in person
776 or over the telephone from persons with disabilities for any
777 program, service, or benefit primarily related to their
778 disabilities.
779
(33)

“Organization” means a person other than an

780
individual.

781
(34)
(25)
“Overseas voter” means:
782 (a) An absent uniformed services voter who, by reason of
783 active duty or service, is absent from the United States on the
784 date of the election involved;
785 (b) A person who resides outside the United States and is
786 qualified to vote in the last place in which the person was
787 domiciled before leaving the United States; or
788 (c) A person who resides outside the United States and, but
789 for such residence, would be qualified to vote in the last place
790 in which the person was domiciled before leaving the United
791 States.
792
(35)
(26)
“Overvote” means that the elector marks or
793 designates more names than there are persons to be elected to an
794 office or designates more than one answer to a ballot question,
795 and the tabulator records no vote for the office or question.
796
(36)
(27)
“Persons with disabilities” means individuals who
797 have a physical or mental impairment that substantially limits
798 one or more major life activities.
799
(37)
(28)
“Petition circulator” means an entity or
800 individual who collects signatures for the purpose of qualifying
801 a proposed constitutional amendment for ballot placement. The
802 term does not include a person who collects, delivers, or
803 otherwise physically possesses no more than 25 signed petition
804 forms in addition to his or her own signed petition form or a
805 signed petition form belonging to the person’s spouse, or the
806 parent, child, grandparent, grandchild, or sibling of the person
807 or the person’s spouse.
808
(38)
(29)
“Polling place” is the building which contains the
809 polling room where ballots are cast.
810
(39)
(30)
“Polling room” means the actual room in which
811 ballots are cast on election day and during early voting.
812
(40)
(31)
“Primary election” means an election held
813 preceding the general election for the purpose of nominating a
814 party nominee to be voted for in the general election to fill a
815 national, state, county, or district office.
816
(41)

“Protected class” means a class of citizens who are

817
members of a race, color, or language minority group, as defined

818
in this subsection or under the federal Voting Rights Act, as

819
amended, provided that any subsequent amendment applies only to

820
the extent that it affords greater protection.

821
(a)

For the purposes of this subsection, the term “language

822
minority group” means a group based on the best available data

823
that may include information from the United States Census

824
Bureau American Community Survey or data of comparable quality

825
collected by a governmental entity:

826
1.

Of more than 2 percent, but no fewer than 200 citizens

827
of voting age in a jurisdiction who speak a language other than

828
English and are limited English proficient individuals; or

829
2.

Of more than 4,000 citizens of voting age in a

830
jurisdiction who speak a language other than English and are

831
limited English proficient individuals.

832
(b)

An eligible citizen may not be denied or abridged the

833
right to vote. Any election standard, practice, or procedure may

834
not be applied in a manner that discriminates against, or has

835
the effect of diminishing the ability of, any member of a

836
protected class to participate equally in the political process.

837
(42)
(32)
“Provisional ballot” means a conditional ballot,
838 the validity of which is determined by the canvassing board.
839
(43)
(33)
“Public assistance” means assistance provided
840 through the food assistance program under the federal
841 Supplemental Nutrition Assistance Program; the Medicaid program;
842 the Special Supplemental Food Program for Women, Infants, and
843 Children; and the Temporary Cash Assistance Program.
844
(44)
(34)
“Public office” means any federal, state, county,
845 municipal, school, or other district office or position which is
846 filled by vote of the electors.
847
(45)
(35)
“Qualifying educational institution” means any
848 public or private educational institution receiving state
849 financial assistance which has, as its primary mission, the
850 provision of education or training to students who are at least
851 18 years of age, provided such institution has more than 200
852 students enrolled in classes with the institution and provided
853 that the recognized student government organization has
854 requested this designation in writing and has filed the request
855 with the office of the supervisor of elections in the county in
856 which the institution is located.
857
(46)

“Racially polarized voting” means voting in which the

858
candidate or electoral choice preferred by protected class

859
members diverges from the candidate or electoral choice

860
preferred by voters who are not protected class members.

861
(47)
(36)
“Special election” is a special election called
862 for the purpose of voting on a party nominee to fill a vacancy
863 in the national, state, county, or district office.
864
(48)
(37)
“Special primary election” is a special nomination
865 election designated by the Governor, called for the purpose of
866 nominating a party nominee to be voted on in a general or
867 special election.
868
(49)
(38)
“Supervisor” means the supervisor of elections.
869
(50)
(39)
“Tactile input device” means a device that
870 provides information to a voting system by means of a voter
871 touching the device, such as a keyboard, and that complies with
872 the requirements of s. 101.56062(1)(k) and (l).
873
(51)
(40)
“Third-party registration organization” means any
874 person, entity, or organization soliciting or collecting voter
875 registration applications. A third-party voter registration
876 organization does not include:
877 (a) A person who seeks only to register to vote or collect
878 voter registration applications from that person’s spouse,
879 child, or parent; or
880 (b) A person engaged in registering to vote or collecting
881 voter registration applications as an employee or agent of the
882 division, supervisor of elections, Department of Highway Safety
883 and Motor Vehicles, or a voter registration agency.
884
(52)
(41)
“Undervote” means that the elector does not
885 properly designate any choice for an office or ballot question,
886 and the tabulator records no vote for the office or question.
887
(53)
(42)
“Uniformed services” means the Army, Navy, Air
888 Force, Marine Corps, Space Force, and Coast Guard, the
889 commissioned corps of the Public Health Service, and the
890 commissioned corps of the National Oceanic and Atmospheric
891 Administration.
892
(54)

“Vote” or “voting” includes any action necessary to

893
cast a ballot and make such ballot effective in any election or

894
primary election, which actions include, but are not limited to,

895
registering to vote, requesting a vote-by-mail ballot, and any

896
other action required by law as a prerequisite to casting a

897
ballot and having such ballot counted, canvassed, or certified

898
properly and included in the appropriate totals of votes cast

899
with respect to candidates for election or nomination and to

900
referendum questions.

901
(55)
(43)
“Voter interface device” means any device that
902 communicates voting instructions and ballot information to a
903 voter and allows the voter to select and vote for candidates and
904 issues. A voter interface device may not be used to tabulate
905 votes. Any vote tabulation must be based upon a subsequent scan
906 of the marked marksense ballot or the voter-verifiable paper
907 output after the voter interface device process has been
908 completed.
909
(56)
(44)
“Voter registration agency” means any office that
910 provides public assistance, any office that serves persons with
911 disabilities, any center for independent living, or any public
912 library.
913
(57)
(45)
“Voter registration official” means any supervisor
914 of elections or individual authorized by the Secretary of State
915 to accept voter registration applications and execute updates to
916 the statewide voter registration system.
917
(58)
(46)
“Voting booth” or “booth” means that booth or
918 enclosure wherein an elector casts his or her ballot for
919 tabulation by an electronic or electromechanical device.
920
(59)
(47)
“Voting system” means a method of casting and
921 processing votes that functions wholly or partly by use of
922 electromechanical or electronic apparatus or by use of marksense
923 ballots and includes, but is not limited to, the procedures for
924 casting and processing votes and the programs, operating
925 manuals, supplies, printouts, and other software necessary for
926 the system’s operation.
927
928
Terms used in this code which are not defined in this section

929
but are used in the federal Voting Rights Act and interpreted in

930
relevant case law, including, but not limited to, “political

931
process” and “prerequisite to voting,” must be construed in a

932
manner consistent with such usage and interpretation.

933 Section 4.
Section 97.022, Florida Statutes, is repealed.

934 Section 5.
Section 97.0291, Florida Statutes, is repealed.

935 Section 6. Section 97.0556, Florida Statutes, is created to
936 read:
937
97.0556

Same-day voter registration.—A person who meets the

938
qualifications specified in s. 97.041 to register to vote
for

939
the early voting period, or at his or her polling place on

940
election day,
and who provides the information required under s.

941
97.052 for the uniform statewide voter registration application
,

942
may register at an early voting site or at his or her polling

943
place and immediately thereafter cast a ballot.

944 Section 7. Section 97.057, Florida Statutes, is amended to
945 read:
946 97.057 Voter registration by the Department of Highway
947 Safety and Motor Vehicles.—
948 (1)
(a)

E
ach of the following serves as an application

The

949
Department of Highway Safety and Motor Vehicles shall provide

950
the opportunity
to
preregister to vote,
register to vote
,
or
to

951 update a voter registration record
when submitted to the

952
Department of Highway Safety and Motor Vehicles

to each

953
individual who comes to an office of that department to
:
954
1.
(a)

An application for, or renewal of,

Apply for or renew

955 a driver license;
956
2.
(b)

An application for, or renewal of,

Apply for or renew

957 an identification card pursuant to chapter 322; or
958
3.
(c)

An application for a
change
of

an
address on an
959 existing driver license or identification card.
960
(b)

Unless the applicant declines to register or

961
preregister to vote, he or she is deemed to have consented to

962
the use of the signature from his or her driver license or

963
identification card application for voter registration purposes.

964
(2) An
application for a driver license or an

965
identification card must include a voter registration component.

966
The voter registration component must be approved by the

967
Department of State and must include all of the following:

968
(a)

The minimum amount of information necessary to prevent

969
duplicate voter registrations and to preserve the ability of the

970
department and supervisors of elections to assess the

971
eligibility of the applicant and administer voter registration

972
and other provisions of this code.

973
(b)

A statement setting forth voter eligibility

974
requirements.

975
(c)

An explanation that the applicant is consenting to the

976
use of his or her signature from the applicant’s driver license

977
or identification card application for voter registration

978
purposes. By consenting to the use of his or her signature, the

979
applicant is deemed to have subscribed to the oaths required by

980
s. 3, Art. VI of the State Constitution and s. 97.051 and to

981
have sworn and affirmed that the voter registration information

982
contained in the application is true under penalty for false

983
swearing pursuant to s. 104.011.

984
(d)

An option that allows the applicant to choose or update

985
a party affiliation. An applicant who is initially registering

986
to vote and does not exercise such option must be sent a notice

987
by the supervisor of elections in accordance with s.

988
97.053(5)(b).

989
(e)

An option that allows the applicant to decline to

990
register to vote or preregister to vote. The Department of

991
Highway Safety and Motor Vehicles shall note any such

992
declination in its records and forward the declination to the

993
Department of State. A declination may be used only for voter

994
registration purposes and is confidential and exempt from public

995
records requirements as provided in s. 97.0585.

996
(3)

The Department of Highway Safety and Motor Vehicles

997
shall:

998
(a)

Develop a voter registration component for applications

999
which meets the requirements set forth in subsection (2).

1000
(b)

Electronically transmit the voter registration

1001
component of an applicant’s driver license or identification

1002
card application to the Department of State within 24 hours

1003
after receipt. Upon receipt of the voter registration component,

1004
the Department of State shall provide the information to the

1005
supervisor of the county in which the applicant is registering

1006
or preregistering to vote or updating his or her voter

1007
registration record.

1008
(2) The Department of Highway Safety and Motor Vehicles

1009
shall:

1010
(a) Notify each individual, orally or in writing, that:

1011
1. Information gathered for the completion of a driver

1012
license or identification card application, renewal, or change

1013
of address can be automatically transferred to a voter

1014
registration application;

1015
2. If additional information and a signature are provided,

1016
the voter registration application will be completed and sent to

1017
the proper election authority;

1018
3. Information provided can also be used to update a voter

1019
registration record, except that party affiliation will not be

1020
changed unless the individual designates a change in party

1021
affiliation and separately consents to such change in writing;

1022
4. All declinations will remain confidential and may be

1023
used only for voter registration purposes; and

1024
5. The particular driver license office in which the person

1025
applies to register to vote or updates a voter registration

1026
record will remain confidential and may be used only for voter

1027
registration purposes.

1028
(b) Require a driver license examiner to inquire orally or,

1029
if the applicant is hearing impaired, inquire in writing whether

1030
the applicant wishes to register to vote or update a voter

1031
registration record during the completion of a driver license or

1032
identification card application, renewal, or change of address.

1033
1. If the applicant chooses to register to vote or to

1034
update a voter registration record:

1035
a. All applicable information received by the Department of

1036
Highway Safety and Motor Vehicles in the course of filling out

1037
the forms necessary under subsection (1) must be transferred to

1038
a voter registration application.

1039
b. The additional necessary information must be obtained by

1040
the driver license examiner and must not duplicate any

1041
information already obtained while completing the forms required

1042
under subsection (1).

1043
c. A voter registration application with all of the

1044
applicant’s voter registration information required to establish

1045
the applicant’s eligibility pursuant to s. 97.041 must be

1046
presented to the applicant to review and verify the voter

1047
registration information received and provide an electronic

1048
signature affirming the accuracy of the information provided.

1049
d. The voter registration application may not be used to

1050
change the party affiliation of the applicant unless the

1051
applicant designates a change in party affiliation and provides

1052
a separate signature consenting to the party affiliation change.

1053
e. After verifying the voter registration information and

1054
providing his or her electronic signature, the applicant must be

1055
provided with a printed receipt that includes such information

1056
and documents any change in party affiliation.

1057
2. If the applicant declines to register to vote, update

1058
the applicant’s voter registration record, or change the

1059
applicant’s address by either orally declining or by failing to

1060
sign the voter registration application, the Department of

1061
Highway Safety and Motor Vehicles must note such declination on

1062
its records and shall forward the declination to the statewide

1063
voter registration system.

1064
(3) For the purpose of this section, the Department of

1065
Highway Safety and Motor Vehicles, with the approval of the

1066
Department of State, shall prescribe:

1067
(a) A voter registration application that is the same in

1068
content, format, and size as the uniform statewide voter

1069
registration application prescribed under s. 97.052; and

1070
(b) A form that will inform applicants under subsection (1)

1071
of the information contained in paragraph (2)(a).

1072
(4) The Department of Highway Safety and Motor Vehicles

1073
must electronically transmit completed voter registration

1074
applications within 24 hours after receipt to the statewide

1075
voter registration system. Completed paper voter registration

1076
applications received by the Department of Highway Safety and

1077
Motor Vehicles shall be forwarded within 5 days after receipt to

1078
the supervisor of the county where the office that processed or

1079
received that application is located.

1080
(5) The Department of Highway Safety and Motor Vehicles

1081
must send, with each driver license renewal extension

1082
application authorized pursuant to s. 322.18(8), a uniform

1083
statewide voter registration application, the voter registration

1084
application prescribed under paragraph (3)(a), or a voter

1085
registration application developed especially for the purposes

1086
of this subsection by the Department of Highway Safety and Motor

1087
Vehicles, with the approval of the Department of State, which

1088
must meet the requirements of s. 97.052.

1089
(4)
(6)
A person providing voter registration services for a
1090 driver license office may not:
1091 (a)
Make any change to an applicant’s party affiliation

1092
unless the applicant provides a separate signature consenting to

1093
the party affiliation change or discuss or
Seek to influence an
1094 applicant’s political preference or party registration;
1095 (b) Display any political preference or party allegiance;
1096 (c) Make any statement to an applicant or take any action
1097 the purpose or effect of which is to discourage the applicant
1098 from registering to vote; or
1099 (d) Disclose any applicant’s voter registration information
1100 except as needed for the administration of voter registration.
1101
(5)
(7)
The Department of Highway Safety and Motor Vehicles
1102 shall collect data determined necessary by the Department of
1103 State for program evaluation and reporting to the Election
1104 Assistance Commission pursuant to federal law.
1105
(6)
(8)
The Department of Highway Safety and Motor Vehicles
1106
shall

must
ensure that all voter registration services provided
1107 by driver license offices are in compliance with
all state and

1108
federal laws

the Voting Rights Act o
f 1965
.
1109
(7)
(9)
The Department of Highway Safety and Motor Vehicles
1110 shall retain complete records of voter registration information
1111 received, processed, and submitted to the
Department of State

1112
statewide voter registration system
by the Department of Highway
1113 Safety and Motor Vehicles.
The retention of such

These
records
1114
is

shall be
for the explicit purpose of supporting audit and
1115 accounting controls established to ensure accurate and complete
1116 electronic transmission of records between the
Department of

1117
State

statewide voter registration system
and the Department of
1118 Highway Safety and Motor Vehicles.
1119
(8)
(10)
The Department
of State
shall provide the
1120 Department of Highway Safety and Motor Vehicles with an
1121 electronic database of street addresses valid for use as the
1122 address of legal residence as required in s. 97.053(5). The
1123 Department of Highway Safety and Motor Vehicles shall compare
1124 the address provided by the applicant against the database of
1125 valid street addresses. If the address provided by the applicant
1126 does not match a valid street address in the database, the
1127 applicant will be asked to verify the address provided. The
1128 Department of Highway Safety and Motor Vehicles
may

shall
not
1129 reject any application for voter registration for which a valid
1130 match cannot be made.
1131
(9)
(11)
The Department of Highway Safety and Motor Vehicles
1132 shall enter into an agreement with the Department
of State
to
1133 match information in the statewide voter registration system
1134 with information in the database of the Department of Highway
1135 Safety and Motor Vehicles to the extent required to verify the
1136 accuracy of the driver license number, Florida identification
1137 number, or last four digits of the social security number
1138 provided on applications for voter registration as required in
1139 s. 97.053.
1140
(10)
(12)
The Department of Highway Safety and Motor
1141 Vehicles shall enter into an agreement with the Commissioner of
1142 Social Security as required by the Help America Vote Act of 2002
1143 to verify the last four digits of the social security number
1144 provided in applications for voter registration as required in
1145 s. 97.053.
1146
(11)
(13)
The Department of Highway Safety and Motor
1147 Vehicles
shall

must
assist the Department of State in regularly
1148 identifying changes in residence address on the driver license
1149 or identification card of a voter. The Department of State
shall

1150
must
report each such change to the appropriate supervisor of
1151 elections who must change the voter’s registration records in
1152 accordance with s. 98.065(4).
1153
(12)

The Department of Highway Safety and Motor Vehicles

1154
shall notify the Department of State as soon as practicable, but

1155
no later than 30 days, after any change to a voter’s driver

1156
license number or identification card number. The Department of

1157
State shall transmit each such change to the appropriate

1158
supervisor of elections, who shall update the voter’s

1159
registration records accordingly and provide notice of the

1160
change to the registrant by mail. Under no circumstances may a

1161
change to a voter’s driver license or identification card number

1162
be used as the sole basis to prevent an otherwise eligible

1163
citizen from casting his or her ballot.

1164
(14)

The Department of Highway Safety and Motor Vehicles

1165
shall ensure that information technology processes and updates

1166
do not alter an applicant’s party affiliation without the

1167
written consent of the applicant.

1168 Section 8. Section 97.0575, Florida Statutes, is amended to
1169 read:
1170 97.0575 Third-party voter registration organizations.—
1171 (1) Before engaging in any voter registration activities, a
1172 third-party voter registration organization must register and
1173 provide to the division, in an electronic format, the following
1174 information:
1175 (a) The names of the officers of the organization and the
1176 name and permanent address of the organization.
1177 (b) The name and address of the organization’s registered
1178 agent in
this

the
state.
1179 (c) The names, permanent addresses, and temporary
1180 addresses, if any, of each registration agent
who registers

1181
registering
persons to vote in this state
for compensation
on
1182 behalf of the organization. This paragraph does not apply to
1183 persons who only solicit applications and do not collect or
1184 handle voter registration applications.
1185
(d) Beginning November 6, 2024, the specific general

1186
election cycle for which the third-party voter registration

1187
organization is registering persons to vote.

1188
(e) An affirmation that each person collecting or handling

1189
voter registration applications on behalf of the third-party

1190
voter registration organization has not been convicted of a

1191
felony violation of the Election Code, a felony violation of an

1192
offense specified in s. 825.103, a felony offense specified in

1193
s. 98.0751(2)(b) or (c), or a felony offense specified in

1194
chapter 817, chapter 831, or chapter 837. A third-party voter

1195
registration organization is liable for a fine in the amount of

1196
$50,000 for each such person who has been convicted of a felony

1197
violation of the Election Code, a felony violation of an offense

1198
specified in s. 825.103, a felony offense specified in s.

1199
98.0751(2)(b) or (c), or a felony offense specified in chapter

1200
817, chapter 831, or chapter 837 who is collecting or handling

1201
voter registration applications on behalf of the third-party

1202
voter registration organization.

1203
(f) An affirmation that each person collecting or handling

1204
voter registration applications on behalf of the third-party

1205
voter registration organization is a citizen of the United

1206
States of America. A third-party voter registration organization

1207
is liable for a fine in the amount of $50,000 for each such

1208
person who is not a citizen and is collecting or handling voter

1209
registration applications on behalf of the third-party voter

1210
registration organization.

1211 (2)
Beginning November 6, 2024, the registration of a

1212
third-party voter registration organization automatically

1213
expires at the conclusion of the specific general election cycle

1214
for which the third-party voter registration organization is

1215
registered.

1216
(3)
The division or the supervisor of elections shall make
1217 voter registration forms available to third-party voter
1218 registration organizations. All such forms must contain
1219 information identifying the organization to which the forms are
1220 provided. The division shall maintain a database of all third
1221 party voter registration organizations and the voter
1222 registration forms assigned to the third-party voter
1223 registration organization. Each supervisor of elections shall
1224 provide to the division information on voter registration forms
1225 assigned to and received from third-party voter registration
1226 organizations. The information must be provided in a format and
1227 at times as required by the division by rule. The division shall
1228 update information on third-party voter registrations daily and
1229 make the information publicly available.
1230
(4) A third-party voter registration organization that

1231
collects voter registration applications shall provide a receipt

1232
to an applicant upon accepting possession of his or her

1233
application. The division shall adopt by rule a uniform format

1234
for the receipt by October 1, 2023. The format must include, but

1235
need not be limited to, the name of the applicant, the date the

1236
application is received, the name of the third-party voter

1237
registration organization, the name of the registration agent,

1238
the applicant’s political party affiliation, and the county in

1239
which the applicant resides.

1240
(3)(a)
(5)
(a)
A third-party voter registration organization
1241 that collects voter registration applications serves as a
1242 fiduciary to the applicant and shall ensure that any voter
1243 registration application entrusted to the organization,
1244 irrespective of party affiliation, race, ethnicity, or gender,
1245 is promptly delivered to the division or the supervisor of
1246 elections
in the county in which the applicant resides
within
14

1247
10
days after the application is completed by the applicant, but
1248 not after registration closes for the next ensuing election. If
1249 a voter registration application collected by any third-party
1250 voter registration organization is not promptly delivered to the
1251 division or supervisor of elections
in the county in which the

1252
applicant resides
, the third-party voter registration
1253 organization is liable for the following fines:
1254 1. A fine in the amount of $50
per each day late, up to

1255
$2,500,
for each application received by the division or
the

1256 supervisor of elections
in the county in which the applicant

1257
resides
more than
14

10
days after the applicant delivered the
1258 completed voter registration application to the third-party
1259 voter registration organization
, if the organization
or any
1260 person, entity, or agent acting on its behalf
acted willfully
.
A

1261
fine in the amount of $2,500 for each application received if

1262
the third-party voter registration organization or person,

1263
entity, or agency acting on its behalf acted willfully.

1264 2. A fine in the amount of $100
per each day late, up to

1265
$5,000,
for each application collected by a third-party voter
1266 registration organization
,
or any person, entity, or agent
1267 acting on its behalf, before book closing for any given election
1268 for federal or state office and received by the division or
the

1269 supervisor of elections
in the county in which the applicant

1270
resides
after the book-closing deadline for such election.
A

1271
fine in the amount of $5,000 for each application received if

1272
the third-party voter registration organization or any person,

1273
entity, or agency acting on its behalf acted willfully.

1274 3. A fine in the amount of $500 for each application
1275 collected by a third-party voter registration organization
,
or
1276 any person, entity, or agent acting on its behalf, which is not
1277 submitted to the division or supervisor of elections
in the

1278
county in which the applicant resides
.
A fine in the amount of

1279
$5,000 for any application not submitted if the third-party

1280
voter registration organization or person, entity, or agency

1281
acting on its behalf acted willfully.

1282
1283 The aggregate fine
that
which
may be assessed pursuant to this
1284 paragraph against a third-party voter registration organization,
1285 including affiliate organizations, for violations committed in a
1286 calendar year is
$1,000

$250,000
.
1287 (b) A showing by the third-party voter registration
1288 organization that the failure to deliver the voter registration
1289 application within the required timeframe is based upon force
1290 majeure or impossibility of performance shall be an affirmative
1291 defense to a violation of this subsection. The secretary may
1292 waive the fines described in this subsection upon a showing that
1293 the failure to deliver the voter registration application
1294 promptly is based upon force majeure or impossibility of
1295 performance.
1296
(c)

All fines collected under this section must be remitted

1297
by the department to the supervisor of elections of the county

1298
in which the violation occurred. The supervisor shall expend

1299
monies collected from such fines exclusively for nonpartisan

1300
voter participation initiatives and voter registration outreach,

1301
including voter education, community registration drives, and to

1302
offset costs associated with the prepayment of postage on vote

1303
by-mail return envelopes, provided that all vote-by-mail ballots

1304
for the election include prepaid postage.

1305
(6) If a person collecting voter registration applications

1306
on behalf of a third-party voter registration organization

1307
alters the voter registration application of any other person,

1308
without the other person’s knowledge and consent, in violation

1309
of s. 104.012(4) and is subsequently convicted of such offense,

1310
the applicable third-party voter registration organization is

1311
liable for a fine in the amount of $5,000 for each application

1312
altered.

1313
(7)
If a person collecting voter registration applications

1314
on behalf of a third-party voter registration organization

1315
copies a voter’s application or retains a voter’s personal

1316
information, such as the voter’s Florida driver license number,

1317
Florida identification card number, social security number, or

1318
signature, for any reason other than to provide such application

1319
or information to the third-party voter registration

1320
organization in compliance with this section, the person commits

1321
a felony of the third degree, punishable as provided in s.

1322
775.082, s. 775.083, or s. 775.084.

1323
(4)
(8)
If the Secretary of State reasonably believes that a
1324 person has committed a violation of this section, the secretary
1325 may refer the matter to the Attorney General for enforcement.
1326 The Attorney General may institute a civil action for a
1327 violation of this section or to prevent a violation of this
1328 section. An action for relief may include a permanent or
1329 temporary injunction, a restraining order, or any other
1330 appropriate order.
1331
(9) The division shall adopt by rule a form to elicit

1332
specific information concerning the facts and circumstances from

1333
a person who claims to have been registered to vote by a third

1334
party voter registration organization but who does not appear as

1335
an active voter on the voter registration rolls. The division

1336
shall also adopt rules to ensure the integrity of the

1337
registration process, including controls to ensure that all

1338
completed forms are promptly delivered to the division or a

1339
supervisor in the county in which the applicant resides.

1340
(5)
(10)
The date on which an applicant signs a voter
1341 registration application is presumed to be the date on which the
1342 third-party voter registration organization received or
1343 collected the voter registration application.
1344
(11) A third-party voter registration organization may not

1345
mail or otherwise provide a voter registration application upon

1346
which any information about an applicant has been filled in

1347
before it is provided to the applicant. A third-party voter

1348
registration organization that violates this section is liable

1349
for a fine in the amount of $50 for each such application.

1350
(12) The requirements of this section are retroactive for

1351
any third-party voter registration organization registered with

1352
the department as of July 1, 2023, and must be complied with

1353
within 90 days after the department provides notice to the

1354
third-party voter registration organization of the requirements

1355
contained in this section. Failure of the third-party voter

1356
registration organization to comply with the requirements within

1357
90 days after receipt of the notice shall automatically result

1358
in the cancellation of the third-party voter registration

1359
organization’s registration.

1360 Section 9.
Part III of chapter 97, Florida Statutes,

1361
consisting of sections 97.21-97.28, Florida Statutes, is created

1362
and entitled “Florida Voting Rights Act.”

1363 Section 10. Section 97.21, Florida Statutes, is created to
1364 read:
1365
97.21

Prohibitions on voter suppression and vote dilution
.—

1366
(1)

PROHIBITING VOTER SUPPRESSION.—

1367
(a)

A local government, state agency, or state official may

1368
not implement, impose, or enforce any election policy or

1369
practice, or take any other action or fail to take any action,

1370
which results in, will result in, or is intended to result in

1371
any of the following:

1372
1.

A material disparity in voter participation, access to

1373
voting opportunities, or the opportunity or ability to

1374
participate in the political process between protected class

1375
members and other members of the electorate.

1376
2.

Based on the totality of the circumstances, an

1377
impairment of the equal opportunity or ability of protected

1378
class members to participate in any stage of the political

1379
process.

1380
(b)

It is not a violation of paragraph (a) if a local

1381
government, state agency, or state official demonstrates by

1382
clear and convincing evidence that:

1383
1.

The election policy or practice is necessary, beyond

1384
consideration of administrative convenience, generalized cost

1385
savings, or speculative concerns, to further significantly an

1386
important and particularized governmental interest; and

1387
2.

There is no reasonable alternative election policy or

1388
practice that results in a smaller disparity between protected

1389
class members and other members of the electorate.

1390
(c)

Notwithstanding paragraph (b), a violation always

1391
exists under paragraph (a) if:

1392
1.

The local government, state agency, or state official

1393
takes action intended to result in a material disparity; or

1394
2.

The material disparity results from:

1395
a.

The closure, relocation, or consolidation of, or failure

1396
to provide, one or more polling places, early voting sites, or

1397
secure ballot intake stations; or the reassignment of voters to

1398
precincts or polling places or of precincts to polling places;

1399
b.

The local government’s selection of or change to the

1400
time or date of an election;

1401
c.

The local government conducting elections on dates that

1402
do not align with federal or state elections;

1403
d.

The date the local government selects for a special

1404
election, and there exists an alternate date in a reasonable

1405
timeframe in which the disparity would be materially less

1406
significant; or

1407
e.

The failure to schedule a special election as soon as

1408
practicable, but in no event later than 14 days after the

1409
occurrence of the vacancy, if more than 12 months remain in the

1410
term of office and protected class members are generally able to

1411
elect candidates of their choice.

1412
(2)

PROHIBITING VOTE DILUTION.—

1413
(a)

A local government may not employ an at-large method of

1414
election, a district-based method of election, a share-based

1415
method of election, or any other method of election for any

1416
office which has the effect, will likely have the effect, or is

1417
motivated in part by the intent of diluting the vote of

1418
protected class members.

1419
(b)

To establish a violation under paragraph (a), it must

1420
be established that:

1421
1.a.

Elections in the local government exhibit racially

1422
polarized voting resulting in an impairment of the equal

1423
opportunity or ability of protected class members to nominate or

1424
elect candidates of their choice; or

1425
b.

Based on the totality of the circumstances, the equal

1426
opportunity or ability of protected class members to nominate or

1427
elect candidates of their choice is impaired; and

1428
2.

Another method of election or changes to the existing

1429
method of election which could be constitutionally adopted or

1430
ordered under s. 97.28 would likely mitigate the impairment. For

1431
the purpose of satisfying such requirement, it is not necessary

1432
for the total number or share of protected class members to

1433
exceed any numerical threshold in any district or in the local

1434
government as a whole.

1435
(3)

GUIDELINES AND RELEVANT CIRCUMSTANCES FOR EVALUATING

1436
VOTER SUPPRESSION AND VOTE DILUTION.—

1437
(a)1.

To evaluate the totality of circumstances under

1438
subparagraph (1)(a)2. or sub-subparagraph (2)(b)1.b., the

1439
following factors may be relevant:

1440
a.

The history of discrimination;

1441
b.

The extent to which the protected class members have

1442
been elected to office;

1443
c.

The use of any election policy or practice that may

1444
enhance the dilutive effective of a method of election in the

1445
local government.

1446
d.

The extent to which protected class members or

1447
candidates experienced any history of unequal access to

1448
election-administration or campaign finance processes that

1449
determine which candidates will receive access to the ballot or

1450
receive financial or other support in a given election for an

1451
office of the local government;

1452
e.

The extent to which protected class members have

1453
historically made expenditures as defined in s. 106.011 at lower

1454
rates than other voters;

1455
f.

The extent to which protected class members vote at

1456
lower rates than other voters;

1457
g.

The extent to which protected class members are

1458
disadvantaged or otherwise bear the effects of public or private

1459
discrimination in areas that may hinder their ability to

1460
participate effectively in any stage of the political process,

1461
such as education, employment, health, criminal justice,

1462
housing, transportation, land use, or environmental protection;

1463
h.

The use of overt or subtle racial appeals in political

1464
campaigns by governmental officials or in connection with the

1465
adoption or maintenance of the election policy or practice;

1466
i.

The extent to which candidates face hostility or

1467
barriers while campaigning due to their membership in a

1468
protected class;

1469
j

The lack of responsiveness by elected officials to the

1470
particular needs of protected class members or a community of

1471
protected class members;

1472
k.

Whether the election policy or practice was designed to

1473
advance, and does materially advance, a valid and substantial

1474
state interest; and

1475
l.

Other factors deemed relevant.

1476
2.

A set number or combination of the factors in

1477
subparagraph 1. is not required to determine that a violation

1478
occurred.

1479
3.

Evidence of these factors is most probative if it

1480
relates to the local government in which the alleged violation

1481
occurred, but still holds probative value if it relates to the

1482
geographic region in which the local government is located or to

1483
this state.

1484
(b)

To determine whether elections in the local government

1485
exhibit racially polarized voting under sub-subparagraph

1486
(2)(b)1.a.:

1487
1.

Racially polarized voting must be assessed based on

1488
relevant election results, which may include, but are not

1489
limited to, elections for offices of the local government;

1490
elections held by the local government for other offices, such

1491
as state or federal offices; ballot measures; and other

1492
electoral choices that bear on the rights and privileges of the

1493
protected class.

1494
a.

A set number or combination of elections may not be

1495
required to establish the existence of racially polarized

1496
voting.

1497
b.

Evidence of nonpolarized voting in elections for offices

1498
outside the local government may not preclude a finding of

1499
racially polarized voting based on elections for offices of the

1500
local government.

1501
c.

Nonstatistical or nonquantitative evidence may not

1502
preclude a finding of racially polarized voting based on

1503
statistical or quantitative evidence.

1504
d.

Low turnout or registration rates among protected class

1505
members may not preclude a finding of racially polarized voting.

1506
2.

Racially polarized voting may be assessed based only on

1507
the combined electoral preferences of members of a protected

1508
class or classes. There is no requirement that the electoral

1509
preferences of each protected class or any subgroup within a

1510
protected class be separately polarized from those of other

1511
voters.

1512
3.

The causes of or reasons for racially polarized voting,

1513
including partisan explanations or discriminatory intent, are

1514
not relevant.

1515
(c)1.

If evaluating whether a violation of subsection (1)

1516
or subsection (2) is present, the following circumstances are

1517
never relevant to such a violation:

1518
a.

The total number or share of protected class members on

1519
whom the election policy or practice does not impose a material

1520
burden;

1521
b.

The degree to which the election policy or practice has

1522
a long pedigree or was in widespread use at some earlier date;

1523
c.

The use of an identical or similar election policy or

1524
practice in other jurisdictions; and

1525
d.

The availability of forms of voting unimpacted by the

1526
election policy or practice.

1527
2.

A state interest in preventing voter fraud or bolstering

1528
voter confidence in the integrity of elections is not relevant

1529
to an evaluation of whether a violation of subsection (1) or

1530
subsection (2) occurred unless there is substantial evidence of

1531
a number of instances that criminal activity by individual

1532
electors has occurred in the local government and the connection

1533
between the election policy or practice and a state interest in

1534
preventing voter fraud or bolstering voter confidence in the

1535
integrity of elections is supported by substantial evidence.

1536
3.

Evidence concerning the intent of electors, elected

1537
officials, or public officials to discriminate against protected

1538
class members is not required under subsections (1) and (2).

1539
4.

Whether protected class members typically elect

1540
candidates of their choice to the governmental body of a local

1541
government in approximate proportion to their total number or

1542
share of the population may be relevant under subsection (2).

1543
(4)

Before filing an action against a local government

1544
pursuant to this section, a prospective plaintiff must send, by

1545
certified mail, return receipt requested, a notification letter

1546
to the local government asserting that the local government may

1547
be in violation of the provisions of this act. Such letter must

1548
be referred to as an “FLVRA notification letter.”

1549
(a)

Except as noted in paragraph (e), a party may not file

1550
an action against a local government pursuant to this section

1551
earlier than 50 days after sending an FLVRA notification letter

1552
to the local government.

1553
(b)

Before receiving an FLVRA notification letter, or not

1554
later than 50 days after any FLVRA notification letter is sent

1555
to a local government, a local government may adopt a resolution

1556
that must be referred to as an “FLVRA resolution” and that does

1557
all of the following:

1558
1.

Identifies a potential violation of this section by the

1559
local government.

1560
2.

Identifies a specific remedy to the potential violation.

1561
3.

Affirms the local government’s intent to enact and

1562
implement the remedy for the potential violation.

1563
4.

Sets forth specific measures the local government will

1564
take to enact and implement the remedy.

1565
5.

Provides a schedule for the enactment and implementation

1566
of the remedy.

1567
(c)

Except as noted in paragraph (e), a party that has sent

1568
an FLVRA notification letter may not file an action pursuant to

1569
this section earlier than 90 days after the adoption of an FLVRA

1570
resolution.

1571
(d)

If the remedy identified in an FLVRA resolution is

1572
barred by state or local law, or a legislative body of a local

1573
government lacks authority under state or local law to enact or

1574
implement a remedy identified in an FLVRA resolution within 90

1575
days after the adoption of such resolution, or if the local

1576
government is a covered jurisdiction under s. 97.25, the local

1577
government may nonetheless enact and implement the remedy

1578
identified in such resolution upon approval of the FLVRA

1579
Commission, which may provide approval only if it finds that the

1580
local government may be in violation of this act, the proposed

1581
remedy would address a potential violation, and implementation

1582
of the proposed remedy is feasible. The approval of a remedy by

1583
the FLVRA Commission does not bar an action to challenge the

1584
remedy.

1585
(e)

If, pursuant to this subsection, a local government

1586
enacts or implements a remedy or the FLVRA Commission approves a

1587
proposed remedy, a party that sent an FLVRA notification letter

1588
may submit a claim for reimbursement from the local government

1589
for the costs associated with producing and sending such

1590
notification letter. The party must submit the claim in writing

1591
and substantiate the claim with financial documentation,

1592
including a detailed invoice for any demography services or

1593
analysis of voting patterns in the local government. If a party

1594
and local government fail to agree to a reimbursement amount,

1595
either the party or local government may file an action for a

1596
declaratory judgment for a clarification of rights.

1597
(f)

Notwithstanding this subsection, a party may bring a

1598
cause of action for a violation of this section under any of the

1599
following circumstances:

1600
1.

The action is commenced within 1 year after the adoption

1601
of a challenged method of election, ordinance, resolution, rule,

1602
policy, standard, regulation, procedure, or law.

1603
2.

The prospect of obtaining relief under this section

1604
would be futile.

1605
3.

Another party has submitted a notification letter under

1606
this subsection alleging a substantially similar violation and

1607
that party is eligible to bring a cause of action under this

1608
subsection.

1609
4.

Following the party’s submission of an FLVRA

1610
notification letter, the local government has adopted an FLVRA

1611
resolution that identifies a remedy that would not cure the

1612
violation identified in the notification letter.

1613
5.

The party is seeking preliminary relief with respect to

1614
an upcoming election in accordance with s. 97.28.

1615
(g) Any local government that receives an FLVRA

1616
notification letter or adopts an FLVRA resolution must provide a

1617
copy to the FLVRA Commission within 1 day after receipt or

1618
adoption. The FLVRA Commission shall promptly, but not later

1619
than 1 business day after receipt, post all FLVRA notification

1620
letters and FLVRA resolutions on its website. The FLVRA

1621
Commission may adopt rules identifying other materials and

1622
information that must be provided to the FLVRA Commission by

1623
local governments, as well as procedures for transmittal of

1624
materials and information from local governments to the FLVRA

1625
Commission.

1626
(5)

A local government may not assert the doctrine of

1627
laches as a defense to claims brought under this section. A

1628
local government may not assert that plaintiffs have failed to

1629
comply with any notice, exhaustion, or other procedural

1630
requirements under state law, other than the requirements in

1631
this section, as a defense to claims brought under this section.

1632
(6)

An individual or entity aggrieved by a violation of

1633
this section, the Attorney General, or the FLVRA Commission may

1634
file an action alleging a violation of this section to enforce

1635
compliance with this section. An entity aggrieved by a violation

1636
of this section includes, but is not limited to, any entity

1637
whose membership includes individuals aggrieved by a violation

1638
of this section or whose mission would be frustrated by a

1639
violation of this section, including, but not limited to, an

1640
entity that would expend or divest resources to fulfill its

1641
mission as a result of such violation or must expend greater

1642
resources or efforts to advocate before an elected body that is

1643
less responsive to the entity or its members due to the alleged

1644
violation. An entity may not be compelled to disclose the

1645
identity of any specific member to pursue a claim on behalf of

1646
its members. This subsection must be liberally construed to

1647
confer standing as broadly as the State Constitution allows.

1648
Such a claim may be filed pursuant to the Florida Rules of Civil

1649
Procedure or in the Second Judicial Circuit of Florida. Members

1650
of two or more protected classes that are politically cohesive

1651
in a local government may jointly file an action. In an action

1652
involving a districting plan, any individual who resides in the

1653
defendant jurisdiction and is a member of the affected class or

1654
classes, whether he or she resides in any particular district,

1655
may challenge the districting plan as a whole.

1656 Section 11. Section 97.22, Florida Statutes, is created to
1657 read:
1658
97.22

Florida Voting Rights Act Commission
.—

1659
(1)

There is created the Florida Voting Rights Act (FLVRA)

1660
Commission within the Department of State. The FLVRA Commission

1661
is a separate budget entity, as provided in the General

1662
Appropriations Act, and shall prepare and submit a budget

1663
request in accordance with chapter 216. The commission is

1664
responsible for administering the Florida Voting Rights Act. The

1665
commission shall have its own staff, including management,

1666
research, and enforcement personnel, and is not subject to

1667
control, supervision, or direction by the Department of State.

1668
(2)(a)

The FLVRA Commission shall be composed of five

1669
commissioners, each of whom shall serve a staggered 5-year term.

1670
Commissioners must be compensated for their actual time spent on

1671
the commission’s business at an hourly rate equivalent to the

1672
rate of an assistant attorney general.

1673
1.

A nominating committee shall identify qualified

1674
candidates to serve as commissioners
.
The nominating committee

1675
shall be composed of nominating organizations that are selected

1676
as follows:

1677
a.

Organizations may apply to the Secretary of State to be

1678
certified as organizational nominators for 5-year terms, after

1679
which the organizations may be recertified. The Secretary of

1680
State must certify any organization that applies to be an

1681
organizational nominator if it meets all of the following

1682
qualifications:

1683
(I)

Has demonstrated commitment to the purposes of this act

1684
and to securing the voting rights of protected class members,

1685
such as referencing such class members in the organization’s

1686
mission statement, involvement in numerous voting rights cases

1687
brought in this state on behalf of members of protected classes,

1688
or advocacy in support of this act.

1689
(II)

Is registered as a nonprofit corporation with the

1690
Secretary of State.

1691
(III)

Has been in continuous operation as a nonprofit

1692
organization under s. 501(c)(3) of the Internal Revenue Code or

1693
as a nonprofit corporation registered with the Secretary of

1694
State for at least 10 years.

1695
b.

If the Secretary of State fails to timely certify an

1696
organization that satisfies the qualifications specified in sub

1697
subparagraph a. following the organization’s application as an

1698
organizational nominator, the organization may file an action

1699
against the Secretary of State for a declaratory judgment

1700
certifying the organization as an organizational nominator.

1701
2.

An organizational nominator may be removed for cause by

1702
a majority vote of all fellow nominators.

1703
3.

If there are fewer than 16 organizational nominators

1704
certified by the Secretary of State, the nominating committee

1705
must be composed of all such organizational nominators. If there

1706
are 16 or more organizational nominators certified by the

1707
Secretary of State, the nominating committee must be composed of

1708
15 organizational nominators randomly selected from all the

1709
nominators by lot on an annual basis.

1710
4.

The nominating committee shall select its own chair to

1711
preside over meetings and votes.

1712
(b)

Commissioners shall be selected as follows:

1713
1.

The nominating committee shall solicit applications from

1714
individuals to serve on the FLVRA Commission from across this

1715
state. A commissioner must satisfy all of the following

1716
criteria:

1717
a.

Is a resident of this state.

1718
b.

Has experience representing or advocating on behalf of

1719
members of protected classes.

1720
c.

Has not served in elected office within the preceding 5

1721
years.

1722
d.

Is not currently serving in any governmental office or

1723
holding any political party office.

1724
2.

The nominating committee shall maintain a qualified

1725
candidate pool composed of 30 candidates to serve on the FLVRA

1726
Commission. Individuals may be added to the qualified applicant

1727
pool only upon a vote of three-fifths of the nominating

1728
committee.

1729
3.

All members of the FLVRA Commission must be randomly

1730
selected from the qualified candidate pool. Upon the initial

1731
formation of the FLVRA Commission, five commissioners must be

1732
selected by lot from the qualified candidate pool and randomly

1733
assigned to term lengths of 5 years, 4 years, 3 years, 2 years,

1734
and 1 year. At least 60 days in advance of the conclusion of

1735
each commissioner’s term, a new commissioner must be randomly

1736
selected by lot from the qualified candidate pool to serve a 5

1737
year term upon the conclusion of the incumbent commissioner’s

1738
term. If a vacancy occurs, a new commissioner must be randomly

1739
selected by lot from the qualified candidate pool
within 30 days

1740
after
the vacancy occurring
to complete the vacated term.

1741
(3)

In any action or investigation to enforce this section,

1742
the FLVRA Commission may subpoena witnesses; administer oaths;

1743
examine individuals under oath; determine material facts; and

1744
compel the production of records, books, papers, contracts, and

1745
other documents in accordance with the Florida Rules of Civil

1746
Procedure.

1747
(4)

The FLVRA Commission may hire any staff and make any

1748
expenditure necessary to fulfill its responsibilities.

1749
(5)

The FLVRA Commission may adopt rules to administer and

1750
enforce this part.

1751 Section 12. Section 97.23, Florida Statutes, is created to
1752 read:
1753
97.23
Statewide database and institute
.—

1754
(1)

The FLVRA Commission shall enter into an agreement with

1755
one or more postsecondary educational institutions in this state

1756
to create the Florida Voting and Elections Database and

1757
Institute to maintain and administer a central repository of

1758
elections and voting data available to the public from all local

1759
governments in this state, and to foster, pursue, and sponsor

1760
research on existing laws and best practices in voting and

1761
elections. The parties to that agreement shall enter into a

1762
memorandum of understanding that includes the process for

1763
selecting the director of the database and institute.

1764
(2)

The database and institute shall provide a center for

1765
research, training, and information on voting systems and

1766
election administration. The database and institute may do any

1767
of the following:

1768
(a)

Conduct noncredit classes and classes for credit.

1769
(b)

Organize interdisciplinary groups of scholars to

1770
research voting and elections in this state.

1771
(c)

Conduct seminars involving voting and elections.

1772
(d)

Establish a nonpartisan centralized database in order

1773
to collect, archive, and make publicly available, at no cost,

1774
accessible data pertaining to elections, voter registration, and

1775
ballot access in this state.

1776
(e)

Assist in the dissemination of election data to the

1777
public.

1778
(f)

Publish books and periodicals on voting and elections

1779
in this state.

1780
(g)

Provide nonpartisan technical assistance to local

1781
governments, scholars, and the general public seeking to use the

1782
resources of the database and institute.

1783
(3)

The database and institute shall make available, and

1784
maintain in an electronic format, all relevant election and

1785
voting data and records for at least the previous 12-year

1786
period. The data, information, and estimates maintained by the

1787
database and institute must be posted online and made available

1788
to the public at no cost. Maps, polling places, and vote-by-mail

1789
ballot secure intake stations must be made available in a

1790
geospatial file format. The database and institute shall prepare

1791
all estimates made under this section by applying the most

1792
advanced and validated peer-reviewed methodologies available.

1793
Data and records that must be maintained include, but are not

1794
limited to, all of the following:

1795
(a)

Estimates of the total population, voting age

1796
population, and citizen voting age population by racial, color,

1797
or language minority group and disability status, broken down by

1798
precinct level on a year-by-year basis, for every local

1799
government in this state, based on data from the United States

1800
Census Bureau or the American Community Survey or data of

1801
comparable quality collected by a public office.

1802
(b)

Election results at the precinct level for every

1803
federal, state, and local election held in every local

1804
government in this state.

1805
(c)

Contemporaneous voter registration lists, voter history

1806
files, polling places, and vote-by-mail secure ballot intake

1807
stations for every election in every local government in this

1808
state.

1809
(d)

Contemporaneous maps or other documentation of the

1810
configuration of precincts.

1811
(e)

Lists of polling places, including, but not limited to,

1812
lists of precincts assigned to each polling place, if

1813
applicable.

1814
(f)

Adopted district or redistricting plans for every

1815
election in every local government in this state.

1816
(g)

A current record, updated monthly, of persons eligible

1817
to register to vote who have a prior criminal conviction and

1818
whose eligibility has been restored in compliance with s.

1819
98.0751.

1820
(h)

Any other data that the director of the database and

1821
institute considers necessary to maintain in furtherance of the

1822
purposes of the database and institute.

1823
(4)

All state agencies and local governments shall timely

1824
provide the director of the database and institute with any

1825
information requested by the director. No later than 90 days

1826
after an election, each local government shall transmit to the

1827
database and institute copies of all of the following:

1828
(a)

Election results at the precinct level.

1829
(b)

Contemporaneous voter registration lists.

1830
(c)

Voter history files.

1831
(d)

Maps, descriptions, and shapefiles for election

1832
districts.

1833
(e)

Lists of polling places, shapefiles, or descriptions of

1834
the precincts assigned to each polling place.

1835
(f)

Any other data as requested by the database and

1836
institute.

1837
(5)

Any state entity identified by the director of the

1838
database and institute as possessing data, statistics, or other

1839
information required by the database and institute to carry out

1840
its duties and responsibilities shall provide such data,

1841
statistics, or information annually to the database and

1842
institute at the request of the director.

1843
(6)

If a state agency or local government fails to provide

1844
any information to the database and institute as required by

1845
this section, the director of the database and institute, the

1846
Attorney General, or the FLVRA Commission may file an action to

1847
enforce compliance with this section. An entity aggrieved by a

1848
violation of this section includes, but is not limited to, any

1849
entity whose membership includes individuals aggrieved by this

1850
section or whose mission would be frustrated by a violation of

1851
this section, including, but not limited to, an entity that

1852
would expend or divest resources to fulfill its mission as a

1853
result of such violation or must expend greater resources or

1854
efforts to advocate before an elected body that is less

1855
responsive to the entity or its members due to the alleged

1856
violation. An entity may not be compelled to disclose the

1857
identity of any specific member to pursue a claim on behalf of

1858
its members. This section must be liberally construed to confer

1859
standing as broadly as the State Constitution allows. Such claim

1860
may be filed pursuant to the Florida Rules of Civil Procedure or

1861
in the Second Judicial Circuit of Florida.

1862
(7)

No later than 90 days after the end of each state

1863
fiscal year, the database and institute shall publish a report

1864
on the priorities and finances of the database and institute.

1865
(8)

The database and institute shall provide nonpartisan

1866
technical assistance to local governments, researchers, and

1867
members of the public seeking to use the resources of the

1868
database.

1869
(9)

There is a rebuttable presumption that the data,

1870
estimates, or other information maintained by the database and

1871
institute is valid.

1872 Section 13. Section 97.24, Florida Statutes, is created to
1873 read:
1874
97.24

Language access
.—

1875
(1)

As used in this section, the term:

1876
(a)

“Limited English proficient individual” means an

1877
individual who does not speak English as his or her primary

1878
language and who speaks, reads, or understands the English

1879
language other than “very well” in accordance with United States

1880
Census Bureau data or data of comparable quality collected by a

1881
governmental entity.

1882
(b)

“Native American” includes any person recognized by the

1883
United States Census Bureau or the state as “American Indian.”

1884
(2)

The FLVRA Commission must designate one or more

1885
languages, other than English, for which assistance in voting

1886
and elections must be provided by a local government if the

1887
commission finds that a significant and substantial need exists

1888
for such assistance.

1889
(3)

B
ased on the best available data, which may include

1890
information from the United States Census Bureau’s American

1891
C
ommunity Survey or data of comparable quality collected by a

1892
governmental entity
,

the FLVRA Commission must find that a

1893
significant and substantial need exists if:

1894
(a)

More than 2 percent, but no fewer than 200 citizens of

1895
voting age, of a local government speak a language other than

1896
English and are limited English proficient individuals.

1897
(b)

More than 4,000 citizens of voting age of a local

1898
government speak a language other than English and are limited

1899
English proficient individuals.

1900
(4)

In the case of a local government that contains any

1901
part of a Native American reservation, if more than 2 percent of

1902
the Native American citizens of voting age within the Native

1903
American reservation are proficient in a language other than

1904
English and are limited English proficient individuals, the

1905
local government must provide materials in such language.

1906
(5)(a)

On an annual basis, the FLVRA Commission shall

1907
publish on its website a list of all of the following:

1908
1.

Each local government in which assistance in voting and

1909
elections in a language other than English must be provided.

1910
2.

Each language in which such assistance must be provided

1911
in each local government.

1912
(b)

The FLVRA Commission’s determinations under this

1913
section are effective upon publication, and the commission shall

1914
distribute this information to each affected local government.

1915
(6)

Each local government described in paragraph (5)(a)

1916
shall provide assistance in voting and elections, including

1917
related materials, in any language designated by the commission

1918
under paragraph (5)(a) to voters in a local government who are

1919
limited English proficient individuals.

1920
(7)

Whenever the FLVRA Commission determines that, pursuant

1921
to this section, language assistance must be provided by a local

1922
government, the local government shall provide competent

1923
assistance in each designated language and provide related

1924
materials in English and in each designated language, including

1925
voter registration or voting notices, forms, instructions,

1926
assistance, ballots, or other materials or information relating

1927
to the electoral process. However, in the case of a language

1928
that is oral or unwritten, including historically unwritten

1929
languages, as may be the case for some Native American

1930
languages, a local government must provide oral instructions,

1931
assistance, or other information on the electoral process in

1932
such language. All materials provided in a designated language

1933
must be of an equal quality to the corresponding English

1934
materials. All provided translations must convey the intent and

1935
essential meaning of the original text or communication and may

1936
not rely solely on automatic translation services. If available,

1937
live translation must be used for language assistance.

1938
(8)

The FLVRA Commission shall establish a review process

1939
under which the commission determines, upon receipt of a request

1940
submitted under this subsection, whether a significant and

1941
substantial need exists in a local government for a language to

1942
be designated for language access and assistance in voting and

1943
elections if such need has not been found under subsection (3)

1944
or subsection (4). Such process, at a minimum, must include an

1945
opportunity for any voter or entity to submit a request for the

1946
commission to consider designating a language in a local

1947
government; an opportunity for public comment; and a procedure

1948
for determining whether a local government must provide language

1949
assistance.

1950
(9)

Any individual or entity aggrieved by a violation of

1951
this section, the Attorney General, or the FLVRA Commission may

1952
file an action alleging a violation of this section. An entity

1953
aggrieved by a violation of this section includes, but is not

1954
limited to, any entity whose membership includes individuals

1955
aggrieved by this section or whose mission would be frustrated

1956
by a violation of this section, including, but not limited to,

1957
an entity that would expend or divest resources to fulfill its

1958
mission as a result of such violation or must expend greater

1959
resources or efforts to advocate before an elected body that is

1960
less responsive to the entity or its members due to the alleged

1961
violation. An entity may not be compelled to disclose the

1962
identity of any specific member to pursue a claim on behalf of

1963
its members. This section must be liberally construed to confer

1964
standing as broadly as the State Constitution allows. Such a

1965
claim may be filed pursuant to the Florida Rules of Civil

1966
Procedure or in the Second Judicial Circuit of Florida.

1967 Section 14. Section 97.25, Florida Statutes, is created to
1968 read:
1969
97.25

Preclearance
.—

1970
(1)

The enactment or implementation of a covered policy by

1971
a covered jurisdiction is subject to preclearance by the FLVRA

1972
Commission.

1973
(2)

For purposes of this section, a covered policy includes

1974
any new or modified:

1975
(a)

Election policy or practice.

1976
(b)

Method of election, including districting or

1977
redistricting.

1978
(c)

Form of government.

1979
(d)

Annexation, incorporation, dissolution, consolidation,

1980
or division of a local government.

1981
(e)

Removal of individuals from registry lists or

1982
enrollment lists and other activities concerning any such list,

1983
except where the removal is at the specific written request of

1984
the voter and other activities concerning any such list.

1985
(f)

Hours of any early voting site, or location or number

1986
of early voting sites, polling places, or secure ballot intake

1987
stations.

1988
(g)

Assignment of voting precincts to polling places or

1989
secure ballot intake station locations.

1990
(h)

Assistance offered to protected class members.

1991
(i)

Any additional subject matter the FLVRA Commission may

1992
identify for inclusion in this subsection, pursuant to

1993
commission rule, if the commission determines that any election

1994
policy or practice may have the effect of diminishing the right

1995
to vote of any protected class member or have the effect of

1996
violating this act.

1997
(3)

Following each decennial census, if a covered

1998
jurisdiction does not make changes to its method of election,

1999
including, but not limited to, maintaining an at-large method of

2000
election or not making revisions to a district-based method of

2001
election, the method of election must be deemed a covered policy

2002
and must be submitted to the FLVRA Commission pursuant to this

2003
section.

2004
(4)

A covered jurisdiction includes any of the following:

2005
(a)

A local government that, within the preceding 25 years,

2006
has been subject to a court order, government enforcement

2007
action, court-approved consent decree, or other settlement in

2008
which the local government conceded liability, based upon a

2009
violation of this act, the federal Voting Rights Act, the 15th

2010
Amendment to the United States Constitution, a voting-related

2011
violation of the 14th Amendment to the United States

2012
Constitution, or any violation of any other state or federal

2013
election law, concerning discrimination against members of a

2014
protected class.

2015
(b)

A local government that, within the preceding 25 years,

2016
has been subject to any court order, government enforcement

2017
action, court-approved consent decree, or any other settlement

2018
in which the local government conceded liability, based upon a

2019
violation of any state or federal civil rights law or the 14th

2020
Amendment to the United States Constitution, concerning

2021
discrimination against members of a protected class.

2022
(c)

A local government that, during the preceding 3 years,

2023
has failed to comply with its obligation to provide data or

2024
information to the database pursuant to s. 97.23.

2025
(d)

A local government that, during the preceding 25 years,

2026
was found to have enacted or implemented a covered policy

2027
without obtaining preclearance for that policy pursuant to this

2028
section.

2029
(e)

A local government that contains at least 1,000

2030
eligible voters of any protected class, or in which members of

2031
any protected class constitute at least 10 percent of the

2032
eligible voter population of the local government, and in which,

2033
in any year in the preceding 10 years, the percentage of voters

2034
of any protected class in a local government which participated

2035
in any general election for any local government office was at

2036
least 10 percentage points lower than the percentage of all

2037
voters in the local government who participated in such

2038
election.

2039
(f) A local government that contains at least 1,000

2040
eligible voters of any protected class, or in which members of

2041
any protected class constitute at least 10 percent of the

2042
eligible voter population of the local government, and in which,

2043
in any year in the preceding 10 years, the percentage of

2044
eligible voters of that protected class who were registered to

2045
vote was at least 10 percentage points lower than the percentage

2046
of all eligible voters in the local government who registered to

2047
vote.

2048
(g) A local government that contains at least 1,000

2049
eligible voters of any protected class, or in which members of

2050
any protected class constitute at least 10 percent of the

2051
eligible voter population of the local government, and in which,

2052
in any year in the preceding 10 years, based on data made

2053
available by the United States Census, the dissimilarity index

2054
of such protected class, calculated using census tracts, was in

2055
excess of 50 percent with respect to the race, color, or

2056
language minority group that comprises a plurality within the

2057
local government.

2058
(h) A local government that contains at least 1,000

2059
eligible voters of any protected class, or in which members of

2060
any protected class constitute at least 10 percent of the

2061
eligible voter population of the local government, and in which,

2062
in any year in the preceding 10 years, the poverty rate among

2063
the population of such protected class exceeded the poverty rate

2064
among the population of the local government as a whole by at

2065
least 10 percentage points.

2066
(i) A county that contains at least 1,000 eligible voters

2067
of any protected class, or in which members of any protected

2068
class constitute at least 10 percent of the eligible voter

2069
population of the county, and in which, in any year in the

2070
preceding 10 years, the arrest rate among members of such

2071
protected class exceeded the arrest rate among the population of

2072
the county as a whole by at least 10 percentage points.

2073
(j)

Any school district that contains at least 1,000

2074
eligible voters of any protected class, or in which members of

2075
any protected class constitute at least 10 percent of the

2076
eligible voter population of the school district, and in which,

2077
in any year in the preceding 10 years, the graduation rate of

2078
such protected class was lower than the graduation rate of the

2079
entire district student population by at least 10 percentage

2080
points.

2081
(5)

The FLVRA Commission shall determine on an annual basis

2082
which local governments are covered jurisdictions and publish a

2083
list of such jurisdictions on its website.

2084
(6)

If a covered jurisdiction seeks preclearance from the

2085
FLVRA Commission for the adoption or implementation of any

2086
covered policy, the covered jurisdiction must submit the covered

2087
policy to the commission in writing and may obtain preclearance

2088
in accordance with this section.

2089
(a)

The FLVRA Commission shall review the covered policy

2090
submitted for preclearance, including any comments submitted by

2091
members of the public, and make a determination to grant or deny

2092
preclearance. The covered jurisdiction bears the burden of proof

2093
in any preclearance determinations.

2094
(b)1.

The FLVRA Commission may deny preclearance to a

2095
submitted covered policy only if it determines that:

2096
a.

The covered policy is more likely than not to diminish

2097
the opportunity or ability of protected class members to

2098
participate in the political process and elect candidates of

2099
their choice or otherwise influence the outcome of elections; or

2100
b.

The covered policy is more likely than not to violate

2101
this act.

2102
2.

If the commission denies preclearance, the applicable

2103
covered jurisdiction may not enact or implement the covered

2104
policy. The commission shall provide a written explanation for a

2105
denial.

2106
(c)

If the FLVRA Commission grants preclearance to a

2107
covered policy, the covered jurisdiction may immediately enact

2108
or implement the covered policy. A determination by the

2109
commission to grant preclearance is not admissible in, and may

2110
not be considered by, a court in any subsequent action

2111
challenging the covered policy. If the commission fails to deny

2112
or grant preclearance to a submitted covered policy within the

2113
timeframes set forth in paragraph (d), the covered policy is

2114
deemed to be precleared, and the covered jurisdiction may enact

2115
or implement the covered policy.

2116
(d)

If a covered policy concerns the method of election for

2117
a legislative body, districting or redistricting, the number of

2118
seats on the legislative body, or annexation, incorporation,

2119
dissolution, consolidation, or division of a local government,

2120
the FLVRA Commission must review the covered policy, including

2121
any comments submitted by members of the public, and make a

2122
determination to deny or grant preclearance within 60 days after

2123
the submission of the covered policy. The commission may invoke

2124
up to two extensions of 90 days each to make such a

2125
determination. For all other covered policies, the commission

2126
shall review the covered policy, including any public comment,

2127
and make a determination to deny or grant preclearance within 30

2128
days after the submission of the covered policy. The commission

2129
may invoke an extension of 60 days to make such a determination.

2130
(e)

A denial of preclearance under this section may be

2131
appealed only by the covered jurisdiction and must be filed in

2132
the Second Judicial Circuit. Other parties may not file an

2133
action to appeal a denial of preclearance or intervene in any

2134
such action brought by the covered jurisdiction.

2135
(7)

If a covered jurisdiction enacts or implements any

2136
covered policy without obtaining preclearance for such covered

2137
policy in accordance with this section, any individual or entity

2138
aggrieved by such violation, the director of the database and

2139
institute, the Attorney General, or the FLVRA Commission may

2140
file an action to enjoin enactment or implementation and seek

2141
sanctions against the covered jurisdiction for violations of

2142
this section. An entity aggrieved by a violation of this section

2143
includes, but is not limited to, any entity whose membership

2144
includes individuals aggrieved by this section or whose mission

2145
would be frustrated by a violation of this section, including,

2146
but not limited to, an entity that would expend or divest

2147
resources to fulfill its mission as a result of such violation

2148
or must expend greater resources or efforts to advocate before

2149
an elected body that is less responsive to the entity or its

2150
members due to the alleged violation. An entity may not be

2151
compelled to disclose the identity of any specific member to

2152
pursue a claim on behalf of its members. This section must be

2153
liberally construed to confer standing as broadly as the State

2154
Constitution allows. Such a claim may be filed pursuant to the

2155
Florida Rules of Civil Procedure or in the Second Judicial

2156
Circuit. A claim under this subsection does not preclude, bar,

2157
or limit in any way any other claims that may be brought

2158
regarding the covered policy, including claims brought under

2159
other sections of this act.

2160
(8)

If the FLVRA Commission approves preclearance for a

2161
covered policy in violation of this section, identifies or fails

2162
to identify a list of local governments that are covered

2163
jurisdictions in violation of this section, or otherwise fails

2164
to properly implement this section, any individual or entity

2165
aggrieved by such a violation may file an action seeking

2166
appropriate relief, including, but not limited to, injunctive

2167
relief on the commission or any other party, as the court deems

2168
necessary to enforce this section. An entity aggrieved by a

2169
violation of this section includes, but is not limited to, any

2170
entity whose membership includes individuals aggrieved by this

2171
section or whose mission would be frustrated by a violation of

2172
this section, including, but not limited to, an entity that

2173
would expend or divest resources to fulfill its mission as a

2174
result of such violation or must expend greater resources or

2175
efforts to advocate before an elected body that is less

2176
responsive to the entity or its members due to the alleged

2177
violation. An entity may not be compelled to disclose the

2178
identity of any specific member to pursue a claim on behalf of

2179
its members. This section must be liberally construed to confer

2180
standing as broadly as the State Constitution allows. Such a

2181
claim may be filed pursuant to the Florida Rules of Civil

2182
Procedure or in the Second Judicial Circuit of Florida. A claim

2183
under this subsection does not preclude, bar, or limit any other

2184
claims that may be brought regarding any covered policy,

2185
including claims brought under other sections of this act.

2186
(9)

The FLVRA Commission shall adopt rules to implement

2187
this section, including rules concerning the content of and

2188
procedure for preclearance submission, procedures for public

2189
comment and transparency regarding preclearance determinations,

2190
and procedures for expedited and emergency preclearance

2191
determinations that deviate from the timelines provided in

2192
paragraph (6)(d), provided that such preclearance determinations

2193
are preliminary.

2194 Section 15. Section 97.26, Florida Statutes, is created to
2195 read:
2196
97.2
6

Voter intimidation, deception, and obstruction
.—

2197
(1)

A person

may not, whether acting under color of law or

2198
otherwise, engage in acts of intimidation, deception, or

2199
obstruction, or any other tactic that has the effect of or may

2200
reasonably have the effect of interfering with another person’s

2201
right to vote.

2202
(2)

A violation of subsection (1) includes any of the

2203
following:

2204
(a)

The use of force or threats to use force, or the use of

2205
any other conduct to practice intimidation, which causes or will

2206
reasonably have the effect of causing interference with an

2207
individual’s right to vote.

2208
(b)

Knowingly using or deploying a deceptive or fraudulent

2209
device, contrivance, or communication that causes or will

2210
reasonably have the effect of causing interference with an

2211
individual’s right to vote.

2212
(c)

The obstruction of, impediment to, or interference with

2213
access to any early voting site, polling place, secure ballot

2214
intake station, or office of the supervisor of elections in a

2215
manner that causes or will reasonably have the effect of causing

2216
interference with an individual’s right to vote or causing any

2217
delay in voting or the voting process.

2218
(3)(a)

In any action to enforce this section, there is a

2219
rebuttable presumption that a person has violated this section

2220
if he or she openly carries or brandishes a firearm, an

2221
imitation firearm, a toy gun, a machete, an axe, a sword, or any

2222
weapon as defined in s. 790.001 while:

2223
1. Interacting with or observing any person voting or

2224
attempting to vote;

2225
2. Urging or aiding any person to vote or attempt to vote,

2226
whether as part of official election administration activities

2227
or unofficial activities; or

2228
3. Exercising any power or duty in administering elections,

2229
including, but not limited to, vote counting, canvassing, or

2230
certifying returns.

2231
(b) A l
aw enforcement officer
as defined in s. 943.10

2232
acting within the scope of
his or her
official
duties is not

2233
subject to the
presumption
under paragraph (a)
, but a court may

2234
nonetheless consider a law enforcement officer’s possession of a

2235
firearm in determining whether the officer violated this

2236
section.

2237
(4) Any individual or entity aggrieved by a violation of

2238
this section, the Attorney General, or the FLVRA Commission may

2239
file a civil action alleging a violation of this section. An

2240
entity aggrieved by a violation of this section includes, but is

2241
not limited to, any entity whose membership includes individuals

2242
aggrieved by this section or whose mission would be frustrated

2243
by a violation of this section, including, but not limited to,

2244
an entity that would expend or divest resources to fulfill its

2245
mission as a result of such violation or must expend greater

2246
resources or efforts to advocate before an elected body that is

2247
less responsive to the entity or its members due to the alleged

2248
violation. An entity may not be compelled to disclose the

2249
identity of any specific member to pursue a claim on behalf of

2250
its members. This section must be liberally construed to confer

2251
standing as broadly as the State Constitution allows. Such a

2252
claim may be filed pursuant to the Florida Rules of Civil

2253
Procedure or in the Second Judicial Circuit.

2254
(5)

In addition to any remedies that may be imposed under

2255
s. 97.28, if the court finds a violation of this section, the

2256
court must order appropriate remedies that are tailored to

2257
addressing the violation, including, but not limited to,

2258
providing for additional time for individuals to vote in an

2259
election, a primary, or a referendum and awarding nominal

2260
damages for any violation and compensatory or punitive damages

2261
for any willful violation.

2262 Section 16. Section 97.27, Florida Statutes, is created to
2263 read:
2264
97.27

Democracy canon
.—

2265
(1)

Any provision of this code and any regulation, charter,

2266
home rule ordinance, or other enactment of the state or any

2267
local government relating to the right to vote must be liberally

2268
construed in favor of the rights enumerated in paragraphs (a)

2269
(e), as follows:

2270
(a)

Protecting the individual’s right to cast a ballot and

2271
make the ballot valid.

2272
(b)

Ensuring eligible individuals seeking voter

2273
registration are not impaired in being registered.

2274
(c)

Ensuring voters are not impaired in voting, including,

2275
but not limited to, having their votes counted.

2276
(d)

Making the fundamental right to vote more accessible to

2277
eligible voters.

2278
(e)

Ensuring equitable access for protected class members

2279
to opportunities to be registered to vote and to vote.

2280
(2)

It is the policy of the state that courts should

2281
exercise their discretion on any issue, including, but not

2282
limited to, questions of discovery, procedure, admissibility of

2283
evidence, or remedies, in favor of the rights enumerated in

2284
paragraphs (1)(a)-(e) to the extent allowable by law.

2285
Furthermore, it is the policy of the state to promote the free

2286
flow of documents and information concerning the intent of

2287
public officials in actions concerning the right to vote.

2288
Accordingly, in any action under this act, the federal Voting

2289
Rights Act, or a voting-related claim under the State

2290
Constitution or the United States Constitution, sovereign,

2291
governmental, executive, legislative, or deliberative immunities

2292
and privileges, including any evidentiary privileges, may not be

2293
asserted. However, this section does not apply to any attorney

2294
client or attorney work-product privileges.

2295 Section 17. Section 97.28, Florida Statutes, is created to
2296 read:
2297
97.28

Remedies
.—

2298
(1)

If a court finds a violation of this act, the court

2299
must order appropriate remedies that are tailored to address

2300
such violation and to ensure protected class members have

2301
equitable opportunities to fully participate in the political

2302
process and that the remedies can be implemented in a manner

2303
that will not unduly disrupt the administration of an ongoing or

2304
imminent election. Appropriate remedies include, but need not be

2305
limited to, any of the following:

2306
(a)

Another method of election or changes to the existing

2307
method of election.

2308
(b)

Elimination of staggered elections so that all members

2309
of the legislative body are elected at the same time.

2310
(c)

Reasonably increasing the size of the legislative body.

2311
(d)

Additional voting days or hours.

2312
(e)

Additional polling places and early voting sites.

2313
(f)

Additional opportunities to return ballots.

2314
(g)

Holding special elections.

2315
(h)

Expanded opportunities for voter registration.

2316
(i)

Additional voter education.

2317
(j)

The restoration or addition of individuals to registry

2318
lists.

2319
(k)

Retaining jurisdiction for such a period of time as the

2320
court deems appropriate.

2321
(2)

The court shall consider remedies proposed by any party

2322
to the action or by interested nonparties. The court may not

2323
give deference or priority to a proposed remedy because it is

2324
proposed by the state or local government.

2325
(3)

If necessary to remedy a violation of this act, the

2326
court is empowered to require a local government to implement

2327
remedies that are inconsistent with any other law and any

2328
special act, charter or home rule ordinance, or other enactment

2329
of the state or local government.

2330
(4)

Notwithstanding the Florida Rules of Civil Procedure or

2331
any other law, the court must grant a temporary injunction and

2332
any other preliminary relief requested under this section with

2333
respect to an upcoming election if the court determines that the

2334
party is more likely than not to succeed on the merits and that

2335
it is possible to implement an appropriate temporary remedy that

2336
would resolve the violation alleged under this section before

2337
the next general election.

2338
(5)

In any action to enforce this act, the court shall

2339
award reasonable attorney fees and litigation costs, including,

2340
but not limited to, expert witness fees and expenses, to the

2341
party that filed an action, other than a state or local

2342
government, and that prevailed in such action. The party that

2343
filed the action is deemed to have prevailed when, as a result

2344
of litigation, the party against whom the action was filed has

2345
yielded some or all of the relief sought in the action. In the

2346
case of a party against whom an action was filed and who

2347
prevailed, the court may not award the party any costs unless

2348
the court finds the action to be frivolous, unreasonable, or

2349
without foundation.

2350 Section 18. Paragraph (b) of subsection (4) of section
2351 98.045, Florida Statutes, is amended to read:
2352 98.045 Administration of voter registration.—
2353 (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
2354 STREET ADDRESSES.—
2355 (b) The department shall make the statewide database of
2356 valid street addresses available to the Department of Highway
2357 Safety and Motor Vehicles as provided in
s. 97.057(8)

s.

2358
97.057(10)
. The Department of Highway Safety and Motor Vehicles
2359 shall use the database for purposes of validating the legal
2360 residential addresses provided in voter registration
2361 applications received by the Department of Highway Safety and
2362 Motor Vehicles.
2363 Section 19. Subsections (1) and (2) of section 98.255,
2364 Florida Statutes, are amended to read:
2365 98.255 Voter education programs.—
2366 (1) The Department of State shall adopt rules prescribing
2367 minimum standards for nonpartisan voter education. The standards
2368 shall, at a minimum, address:
2369 (a) Voter registration;
2370 (b) Balloting procedures, by mail and polling place;
2371 (c) Voter rights and responsibilities;
2372 (d) Distribution of sample ballots;
and

2373 (e) Public service announcements
; and

2374
(f)

Plain writing standards consistent with official

2375
federal guidelines for the Plain Writing Act of 2010 and United

2376
States Election Assistance Commission best practices for

2377
designing effective voter education materials
.
2378 (2) Each county supervisor shall implement the minimum
2379 voter education standards, and shall conduct additional
2380 nonpartisan education efforts as necessary to ensure that voters
2381 have a working knowledge of the voting process.
This includes

2382
providing, to the extent possible, public-facing voter

2383
information in plain language reasonably calculated to be

2384
understood by persons with grade 8 reading level or lower.

2385 Section 20. Paragraphs (e) and (g) of subsection (14) of
2386 section 100.371, Florida Statutes, are amended to read:
2387 100.371 Initiatives; procedure for placement on ballot.—
2388 (14)
2389 (e) Beginning October 1, 2025, when the signature on the
2390 petition form is verified as valid, the supervisor shall, as
2391 soon as practicable, notify the voter by mail at the mailing
2392 address on file in the Florida Voter Registration System.
2393 1. Such notice must be sent by forwardable mail with a
2394 postage prepaid preaddressed form, which may be returned to the
2395
office
of the
supervisor
of elections

Office of Election Crimes

2396
and Security
. The notice must include contact information for
2397 the
office of the supervisor of elections

Office of Election

2398
Crimes and Security
, including the telephone number, fax number,
2399 mailing address, and e-mail address. The notice must include all
2400 of the following statements or information in substantially the
2401 following form:
2402
2403 NOTICE
2404
2405 A petition to place a proposed constitutional
2406 amendment on the ballot for the next general election,
2407 bearing your name and signature, has been received and
2408 verified by the Supervisor of Elections Office in
2409 ...(insert county)....
2410
2411 The petition is for ...(insert the petition serial
2412 number and ballot title)... and was signed on
2413 ...(insert the date the voter signed the petition)....
2414
2415 Check this box ☐, sign, and return this notice to the
2416
Office of
the

Supervisor
of Elections

Office of

2417
Election Crimes and Security
if you believe your
2418 signature has been misrepresented or forged on a
2419 petition. The petition form in question will be
2420 invalidated and will not be counted toward the number
2421 of signatures required to place this proposed
2422 constitutional amendment on the ballot.
2423
2424 A notice being returned must be received by the
Office

2425
of the Supervisor of Elections

Office of Election

2426
Crimes and Security
on or before February 1 ...(insert
2427 the year in which the general election is held)....
2428
2429 ...(Insert the voter’s Florida voter registration
2430 number, and if applicable, the petition circulator’s
2431 number)....
2432
2433 By signing below, I swear or affirm that my signature
2434 was misrepresented or forged on the petition form
2435 indicated in this notice.
2436
2437 ...(Voter’s Signature)... ...(Date)...
2438
2439 This notice becomes a public record upon receipt by
2440 the
Office of the Supervisor of Elections

Office of

2441
Election Crimes and Security
. It is a second degree
2442 misdemeanor, punishable as provided in s. 775.082,
2443 Florida Statutes, or s. 772.083, Florida Statutes, for
2444 a person to knowingly make a false official statement
2445 pursuant to s. 837.06, Florida Statutes.
2446
2447 2. Upon receiving a completed notice, the
office of the

2448
supervisor of elections

Office of Election Crimes
and Security

2449 shall transmit a copy of such notices to the division. The
2450 division shall deem the voter’s petition form invalid.
2451 (g) On the last day of each month, or on the last day of
2452 each week from December 1 of an odd-numbered year through
2453 February 1 of the following year, each supervisor shall post on
2454 his or her website the total number of signatures submitted, the
2455 total number of invalid signatures, the total number of
2456 signatures processed, and the aggregate number of verified valid
2457 signatures and the distribution of such signatures by
2458 congressional district for each proposed amendment proposed by
2459 initiative, along with the following information specific to the
2460 reporting period: the total number of signed petition forms
2461 received, the total number of signatures verified, the
2462 distribution of verified valid signatures by congressional
2463 district, and the total number of verified petition forms
2464 forwarded to the Secretary of State. For any reporting period in
2465 which the percentage of petition forms deemed invalid by the
2466 supervisor exceeds a total of 25 percent of the petition forms
2467 received by the supervisor for that reporting period, the
2468 supervisor shall notify the
department

Office of Election Crimes

2469
and Security
. The
department

Office of Election Crimes and

2470
Security
shall conduct a preliminary investigation into the
2471 activities of the sponsor, one or more petition circulators, or
2472 a person collecting petition forms on behalf of a sponsor, to
2473 determine whether the invalidated petitions are a result of
2474 fraud or any other violation of this section. As authorized by
2475
s. 97.012(15)

ss. 97.012(15) and 97.022(1)
, the
secretary

Office

2476
of Elections Crimes and Security
may, if warranted, report
2477 findings to the statewide prosecutor or the state attorney for
2478 the judicial circuit in which the alleged violation occurred for
2479 prosecution.
2480 Section 21. Section 100.51, Florida Statutes, is created to
2481 read:
2482
100.51

General Election Day paid holiday.—In order to

2483
encourage civic participation, enable more individuals to serve

2484
as poll workers, and provide additional time for the resolution

2485
of any issue that arises while a voter is casting his or her

2486
ballot, General Election Day shall be a paid holiday. A voter is

2487
entitled to absent himself or herself from any service or

2488
employment in which he or she is engaged or employed during the

2489
time the polls are open on General Election Day. A voter who

2490
absents himself or herself under this section may not be

2491
penalized in any way, and a deduction may not be made from his

2492
or her usual salary or wages, on account of his or her absence.

2493 Section 22. Section 101.016, Florida Statutes, is created
2494 to read:
2495
101.016

Strategic elections equipment reserve.—

2496
(1)

The Division of Elections shall maintain a secure

2497
election equipment reserve that may be deployed in the event of

2498
an emergency as defined in s. 101.732 or in the event of

2499
capacity issues due to unexpected voter turnout.

2500
(2)

The reserve, at a minimum, must include ballot marking

2501
devices, scanners, tabulation equipment, ballot-on-demand

2502
printers, paper required for voting machines and printers,

2503
accessible voting equipment, electronic poll books,

2504
uninterrupted power supplies, generators, cabling, and power

2505
cords, and may include other related equipment necessary to

2506
ensure the continuity of elections, consistent with the voting

2507
systems certified for use by each supervisor of elections.

2508
(3)

The division may, in lieu of maintaining a physical

2509
reserve of such equipment, contract with one or more certified

2510
vendors of voting systems to provide such equipment on an as

2511
needed basis. Any such contract must include all of the

2512
following:

2513
(a)

A guaranteed delivery timeframe no later than 24 hours

2514
after a request by a supervisor of election, the division, or

2515
the department.

2516
(b)

Requirements for the secure transportation,

2517
installation, and removal of equipment.

2518
(c)

Maintenance of secure custody and detailed chain-of

2519
custody records for all equipment consistent with s. 101.015 and

2520
related administrative rules, including documentation of each

2521
transfer, installation, removal, and compliance with applicable

2522
state cybersecurity and physical security standards.

2523
(4)

No later than February 1, 2027, and annually no later

2524
than February 1 thereafter, the division shall submit a report

2525
to the Governor, the President of the Senate, and the Speaker of

2526
the House of Representatives which includes all of the

2527
following:

2528
(a)

The current inventory of equipment held in reserve or

2529
available by vendor contract.

2530
(b)

A list of all deployments of equipment under this

2531
section during the preceding calendar year, including the reason

2532
for deployment, response time, and associated costs.

2533
(c)

Recommendations for improvements to ensure readiness

2534
for future elections.

2535 Section 23.
Section 101.019, Florida Statutes, is repealed.

2536 Section 24. Subsections (1) and (2) of section 101.048,
2537 Florida Statutes, are amended to read:
2538 101.048 Provisional ballots.—
2539 (1) At all elections, a voter claiming to be properly
2540 registered in
this

the
state and eligible to vote
at the

2541
precinct
in the election but whose eligibility cannot be
2542 determined, a person whom an election official asserts is not
2543 eligible, including, but not limited to, a person to whom notice
2544 has been sent pursuant to s. 98.075(7), but for whom a final
2545 determination of eligibility has not been made, and other
2546 persons specified in the code
is

shall be
entitled to vote a
2547 provisional ballot
at any precinct in the county in which the

2548
voter claims to be registered
. Once voted, the provisional
2549 ballot must be placed in a secrecy envelope and thereafter
2550 sealed in a provisional ballot envelope. The provisional ballot
2551 must be deposited in a ballot box. All provisional ballots must
2552 remain sealed in their envelopes for return to the supervisor of
2553 elections. The department shall prescribe the form of the
2554 provisional ballot envelope. A person casting a provisional
2555 ballot has the right to present written evidence supporting his
2556 or her eligibility to vote to the supervisor of elections by not
2557 later than 5 p.m. on the second day following the election.
2558 (2)(a) The county canvassing board shall examine each
2559 Provisional Ballot Voter’s Certificate and Affirmation to
2560 determine if the person voting that ballot was entitled to vote
2561
in the county in which

at the precinct where
the person cast a
2562 vote in the election and that the person had not
otherwise

2563
already
cast a ballot in the election. In determining whether a
2564 person casting a provisional ballot is entitled to vote, the
2565 county canvassing board shall review the information provided in
2566 the Voter’s Certificate and Affirmation, written evidence
2567 provided by the person pursuant to subsection (1), information
2568 provided in any cure affidavit and accompanying supporting
2569 documentation pursuant to subsection (6), any other evidence
2570 presented by the supervisor, and, in the case of a challenge,
2571 any evidence presented by the challenger. A ballot of a person
2572 casting a provisional ballot
must

shall
be canvassed pursuant to
2573 paragraph (b) unless the canvassing board determines by a
2574 preponderance of the evidence that the person was not entitled
2575 to vote.
2576 (b) If it is determined that the person was registered and
2577 entitled to vote
in the county in which

at the precinct where

2578 the person cast a vote in the election, the canvassing board
2579 must compare the signature on the Provisional Ballot Voter’s
2580 Certificate and Affirmation or the provisional ballot cure
2581 affidavit with the signature on the voter’s registration or
2582 precinct register. A provisional ballot may be counted only if:
2583 1. The signature on the voter’s certificate or the cure
2584 affidavit matches the elector’s signature in the registration
2585 books or the precinct register; however, in the case of a cure
2586 affidavit, the supporting identification listed in subsection
2587 (6) must also confirm the identity of the elector; or
2588 2. The cure affidavit contains a signature that does not
2589 match the elector’s signature in the registration books or the
2590 precinct register, but the elector has submitted a current and
2591 valid Tier 1 form of identification confirming his or her
2592 identity pursuant to subsection (6).
2593
2594 For purposes of this paragraph, any canvassing board finding
2595 that signatures do not match must be by majority vote and beyond
2596 a reasonable doubt.
2597 (c) Any provisional ballot not counted must remain in the
2598 envelope containing the Provisional Ballot Voter’s Certificate
2599 and Affirmation
,
and the envelope
must

shall
be marked “Rejected
2600 as Illegal.”
2601 (d) If a provisional ballot is validated following the
2602 submission of a cure affidavit, the supervisor must make a copy
2603 of the affidavit, affix it to a voter registration application,
2604 and immediately process it as a valid request for a signature
2605 update pursuant to s. 98.077.
2606 Section 25. Subsection (1) of section 101.572, Florida
2607 Statutes, is amended to read:
2608 101.572 Public inspection of ballots.—
2609
(1) The official ballots and ballot cards received from

2610
election boards and removed from vote-by-mail ballot mailing

2611
envelopes and voter certificates on such mailing envelopes shall

2612
be open for public inspection or examination while in the

2613
custody of the supervisor of elections or the county canvassing

2614
board at any reasonable time, under reasonable conditions;

2615
however, no persons other than the supervisor of elections or

2616
his or her employees or the county canvassing board shall handle

2617
any official ballot or ballot card. If the ballots are being

2618
examined prior to the end of the contest period in s. 102.168,

2619
the supervisor of elections shall make a reasonable effort to

2620
notify all candidates whose names appear on such ballots or

2621
ballot cards by telephone or otherwise of the time and place of

2622
the inspection or examination. All such candidates, or their

2623
representatives, shall be allowed to be present during the

2624
inspection or examination.

2625 Section 26. Paragraph (a) of subsection (1) and paragraphs
2626 (c) and (d) of subsection (3) of section 101.62, Florida
2627 Statutes, are amended, and subsection (7) is added to that
2628 section, to read:
2629 101.62 Request for vote-by-mail ballots.—
2630 (1) REQUEST.—
2631 (a) The supervisor shall accept a request for a vote-by
2632 mail ballot only from a voter or, if directly instructed by the
2633 voter, a member of the voter’s immediate family or the voter’s
2634 legal guardian. A request may be made in person, in writing, by
2635 telephone, or through the supervisor’s website. The department
2636 shall prescribe by rule by October 1, 2023, a uniform statewide
2637 application to make a written request for a vote-by-mail ballot
2638 which includes fields for all information required in this
2639 subsection. One request is deemed sufficient to receive a vote
2640 by-mail ballot for all elections
until the voter or the voter’s

2641
designee notifies the supervisor that the voter cancels such

2642
request

through the end of the calendar year of the next

2643
regularly scheduled general election
, unless the voter or the
2644 voter’s designee indicates at the time the request is made the
2645 elections
within such period
for which the voter desires to
2646 receive a vote-by-mail ballot. The supervisor must cancel a
2647 request for a vote-by-mail ballot when any first-class mail or
2648 nonforwardable mail sent by the supervisor to the voter is
2649 returned as undeliverable. If the voter requests a vote-by-mail
2650 ballot thereafter, the voter must provide or confirm his or her
2651 current residential address.
2652 (3) DELIVERY OF VOTE-BY-MAIL BALLOTS.—
2653 (c) Except as otherwise provided in paragraph (a) or
2654 paragraph (b), the supervisor shall mail vote-by-mail ballots
2655 within 2 business days after receiving a request for such a
2656 ballot, but no later than the
11
th

10th
day before election day.
2657 The deadline to submit a request for a ballot to be mailed is 5
2658 p.m. local time on the 12th day before an upcoming election.
2659 (d) Upon a request for a vote-by-mail ballot, the
2660 supervisor shall provide a vote-by-mail ballot to each voter by
2661 whom a request for that ballot has been made, by one of the
2662 following means:
2663 1. By nonforwardable, return-if-undeliverable mail to the
2664 voter’s current mailing address on file with the supervisor or
2665 any other address the voter specifies in the request. The
2666 envelopes must be prominently marked “Do Not Forward.”
2667 2. By forwardable mail, e-mail, or facsimile machine
2668 transmission to absent uniformed services voters and overseas
2669 voters. The absent uniformed services voter or overseas voter
2670 may designate in the vote-by-mail ballot request the preferred
2671 method of transmission. If the voter does not designate the
2672 method of transmission, the vote-by-mail ballot must be mailed.
2673 3. By personal delivery to the voter after vote-by-mail
2674 ballots have been mailed and up to 7 p.m. on election day upon
2675 presentation of the identification required in s. 101.043.
2676 4. By delivery to the voter’s designee after vote-by-mail
2677 ballots have been mailed and up to 7 p.m. on election day. Any
2678 voter may designate in writing a person to pick up the ballot
2679 for the voter
; however, the person designated may not pick up

2680
more than two vote-by-mail ballots per election, other than the

2681
designee’s own ballot, except that additional ballots may be

2682
picked up for members of the designee’s immediate family
.
The

2683
designee shall provide to the supervisor the written

2684
authorization by the voter and a picture identification of the

2685
designee and must complete an affidavit. The designee shall

2686
state in the affidavit that the designee is authorized by the

2687
voter to pick up that ballot and shall indicate if the voter is

2688
a member of the designee’s immediate family and, if so, the

2689
relationship. The department shall prescribe the form of the

2690
affidavit. If the supervisor is satisfied that the designee is

2691
authorized to pick up the ballot and that the signature of the

2692
voter on the written authorization matches the signature of the

2693
voter on file, the supervisor must give the ballot to that

2694
designee for delivery to the voter
.

2695 5. Except as provided in s. 101.655, the supervisor may not
2696 deliver a vote-by-mail ballot to a voter or a voter’s designee
2697 pursuant to subparagraph 3. or subparagraph 4., respectively,
2698 during the mandatory early voting period and up to 7 p.m. on
2699 election day, unless there is an emergency, to the extent that
2700 the voter will be unable to go to a designated early voting site
2701 in his or her county or to his or her assigned polling place on
2702 election day. If a vote-by-mail ballot is delivered, the voter
2703 or his or her designee must execute an affidavit affirming to
2704 the facts which allow for delivery of the vote-by-mail ballot.
2705 The department shall adopt a rule providing for the form of the
2706 affidavit.
2707
(7)

DEADLINE EXTENSION.—If a deadline under this section

2708
falls on a day when the office of the supervisor is scheduled to

2709
be closed, the deadline must be extended until the next business

2710
day.

2711 Section 27. Paragraph (a) of subsection (1) and subsections
2712 (2) and (4) of section 101.64, Florida Statutes, are amended to
2713 read:
2714 101.64 Delivery of vote-by-mail ballots; envelopes; form.—
2715 (1)(a) The supervisor shall enclose with each vote-by-mail
2716 ballot two envelopes: a secrecy envelope, into which the absent
2717
voter must

elector shall
enclose his or her marked ballot; and a
2718
postage prepaid
mailing envelope, into which the absent
voter

2719
must

elector shall
then place the secrecy envelope, which
must

2720
shall
be addressed to the supervisor and also bear on the back
2721 side a certificate in substantially the following form:
2722
2723 Note: Please Read Instructions Carefully Before
2724 Marking Ballot and Completing Voter’s Certificate.
2725 VOTER’S CERTIFICATE
2726 I, ...., do solemnly swear or affirm that I am a qualified
2727 and registered voter of .... County, Florida, and that I have
2728 not and will not vote more than one ballot in this election. I
2729 understand that if I commit or attempt to commit any fraud in
2730 connection with voting, vote a fraudulent ballot, or vote more
2731 than once in an election, I can be convicted of a felony of the
2732 third degree and fined up to $5,000 and/or imprisoned for up to
2733 5 years. I also understand that failure to sign this certificate
2734 will invalidate my ballot.
2735 ...(Date)...
2736 ...(Voter’s Signature
or Last Four Digits of Social Security

2737
Number
)...
2738 ...(E-Mail Address)... ...(Home Telephone Number)...
2739 ...(Mobile Telephone Number)...
2740
2741 (2) The certificate
must

shall
be arranged on the back of
2742 the mailing envelope so that the line for the signature
or last

2743
four digits of the social security number
of the
voter
are

2744
absent elector
is
across the seal of the envelope; however,
a

no

2745 statement
may not

shall
appear on the envelope which indicates
2746 that a signature
or the last four digits of the social security

2747
number
of the voter must cross the seal of the envelope. The
2748
voter must

absent elector s
hall
execute the certificate on the
2749 envelope.
2750 (4) The supervisor shall mark, code, indicate on, or
2751 otherwise track the precinct of the
voter

absent elector
for
2752 each vote-by-mail ballot.
2753 Section 28. Section 101.65, Florida Statutes, is amended to
2754 read:
2755 101.65 Instructions to absent electors.—The supervisor
2756 shall enclose with each vote-by-mail ballot separate printed
2757 instructions in substantially the following form; however, where
2758 the instructions appear in capitalized text, the text of the
2759 printed instructions must be in bold font:
2760
2761 READ THESE INSTRUCTIONS CAREFULLY
2762 BEFORE MARKING BALLOT.
2763
2764 1. VERY IMPORTANT. In order to ensure that your vote-by
2765 mail ballot will be counted, it should be completed and returned
2766 as soon as possible so that it can reach the supervisor of
2767 elections of the county in which your precinct is located no
2768 later than 7 p.m. on the day of the election. However, if you
2769 are an overseas voter casting a ballot in a presidential
2770 preference primary or general election, your vote-by-mail ballot
2771 must be postmarked or dated no later than the date of the
2772 election and received by the supervisor of elections of the
2773 county in which you are registered to vote no later than 10 days
2774 after the date of the election. Note that the later you return
2775 your ballot, the less time you will have to cure any signature
2776 deficiencies, which
may cause your ballot not to be counted

is

2777
authorized until 5 p.m. on the 2nd day after the election
.
If

2778
there is a problem with your signature, the supervisor of

2779
elections must notify you as soon as practicable, and you have

2780
until 5 p.m. on the second day after the election to correct it.

2781 2. Mark your ballot in secret as instructed on the ballot.
2782 You must mark your own ballot unless you are unable to do so
2783 because of blindness, disability, or inability to read or write.
2784 3. Mark only the number of candidates or issue choices for
2785 a race as indicated on the ballot. If you are allowed to “Vote
2786 for One” candidate and you vote for more than one candidate,
2787 your vote in that race will not be counted.
2788 4. Place your marked ballot in the enclosed secrecy
2789 envelope.
2790 5. Insert the secrecy envelope into the enclosed mailing
2791 envelope which is addressed to the supervisor.
2792 6. Seal the mailing envelope and completely fill out the
2793 Voter’s Certificate on the back of the mailing envelope.
2794 7. VERY IMPORTANT. In order for your vote-by-mail ballot to
2795 be counted, you must sign your name
or print the last four

2796
digits of your social security number
on the line above (Voter’s
2797 Signature
or Last Four Digits of Social Security Number
). A
2798 vote-by-mail ballot will be considered illegal and not be
2799 counted if the signature
or the last four digits of the social

2800
security number
on the voter’s certificate
do

does
not match the
2801 signature
or social security number
on record. The signature on
2802 file at the time the supervisor of elections in the county in
2803 which your precinct is located receives your vote-by-mail ballot
2804 is the signature that will be used to verify your signature on
2805 the voter’s certificate. If you need to update your signature
2806 for this election, send your signature update on a voter
2807 registration application to your supervisor of elections
so that

2808
it is received before your vote-by-mail ballot is received
.
2809 8. VERY IMPORTANT. If you are an overseas voter, you must
2810 include the date you signed the Voter’s Certificate
or printed

2811
the last four digits of your social security number
on the line
2812 above (Date) or your ballot may not be counted.
2813 9. Mail, deliver, or have delivered the completed mailing
2814 envelope.
If mailing,
be sure there is sufficient postage if
the

2815
mailing envelope is not already postage-paid

mailed
. THE
2816 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
2817 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
2818 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE
2819 STATION, AVAILABLE AT EACH EARLY VOTING LOCATION.
2820 10. FELONY NOTICE. It is a felony under Florida law to
2821 accept any gift, payment, or gratuity in exchange for your vote
2822 for a candidate. It is also a felony under Florida law to vote
2823 in an election using a false identity or false address, or under
2824 any other circumstances making your ballot false or fraudulent.
2825 Section 29. Paragraphs (a) and (b) of subsection (1),
2826 paragraph (c) of subsection (2), and paragraphs (a), (c), and
2827 (d) of subsection (4) of section 101.68, Florida Statutes, are
2828 amended to read:
2829 101.68 Canvassing of vote-by-mail ballot.—
2830 (1)(a) The supervisor of the county where the absent
2831 elector resides shall receive the voted ballot, at which time
2832 the supervisor shall compare the signature
or the last four

2833
digits of the social security number
of the elector on the
2834 voter’s certificate with the signature
or the last four digits

2835
of the social security number
of the elector in the registration
2836 books or the precinct register to determine whether the elector
2837 is duly registered in the county and must record on the
2838 elector’s registration record that the elector has voted. During
2839 the signature comparison process, the supervisor may not use any
2840 knowledge of the political affiliation of the elector whose
2841 signature is subject to verification.
2842 (b) An elector who dies after casting a vote-by-mail ballot
2843 but on or before election day
must

shall
remain listed in the
2844 registration books until the results have been certified for the
2845 election in which the ballot was cast. The supervisor shall
2846 safely keep the ballot unopened in his or her office until the
2847 county canvassing board canvasses the vote pursuant to
2848 subsection (2).
2849 (2)
2850 (c)1. The canvassing board must, if the supervisor has not
2851 already done so, compare the signature
or the last four digits

2852
of the social security number
of the elector on the voter’s
2853 certificate or on the vote-by-mail ballot cure affidavit as
2854 provided in subsection (4) with the signature
or last four

2855
digits of the social security number
of the elector in the
2856 registration books or the precinct register to see that the
2857 elector is duly registered in the county and to determine the
2858
validity

legality
of that vote-by-mail ballot. A vote-by-mail
2859 ballot may only be counted if:
2860 a. The signature
or last four digits of the social security

2861
number
on the voter’s certificate or the cure affidavit
match

2862
matches
the elector’s signature
or last four digits of the

2863
social security number
in the registration books or precinct
2864 register; however, in the case of a cure affidavit, the
2865 supporting identification listed in subsection (4) must also
2866 confirm the identity of the elector; or
2867 b. The cure affidavit contains a signature
or the last four

2868
digits of a social security number which do

that does
not match
2869 the elector’s signature
or last four digits of the social

2870
security number
in the registration books or precinct register,
2871 but the elector has submitted a current and valid Tier 1
2872 identification pursuant to subsection (4) which confirms the
2873 identity of the elector.
2874
2875 For purposes of this subparagraph, any canvassing board finding
2876 that an elector’s signatures
or last four digits of the

2877
elector’s social security number
do not match must be by
2878 majority vote and beyond a reasonable doubt.
2879 2. The ballot of an elector who casts a vote-by-mail ballot
2880 shall be counted even if the elector dies on or before election
2881 day, as long as, before the death of the voter, the ballot was
2882 postmarked by the United States Postal Service, date-stamped
2883 with a verifiable tracking number by a common carrier, or
2884 already in the possession of the supervisor.
2885 3. A vote-by-mail ballot is not considered
invalid

illegal

2886 if the signature
or last four digits of the social security

2887
number
of the elector
do

does
not cross the seal of the mailing
2888 envelope.
2889 4.
If any elector or candidate present believes that a

2890
vote-by-mail ballot is illegal due to a defect apparent on the

2891
voter’s certificate or the cure affidavit, he or she may, at any

2892
time before the ballot is removed from the envelope, file with

2893
the canvassing board a protest against the canvass of that

2894
ballot, specifying the precinct, the voter’s certificate or the

2895
cure affidavit, and the reason he or she believes the ballot to

2896
be illegal. A challenge based upon a defect in the voter’s

2897
certificate or cure affidavit may not be accepted after the

2898
ballot has been removed from the mailing envelope.

2899
5.
If the canvassing board determines that a ballot is
2900
invalid

illegal
, a member of the board must, without opening the
2901 envelope, mark across the face of the envelope: “rejected as
2902
invalid

illegal
.” The cure affidavit, if applicable, the
2903 envelope, and the ballot therein
must

shall
be preserved in the
2904 manner that official ballots are preserved.
2905 (4)(a) As soon as practicable, the supervisor shall, on
2906 behalf of the county canvassing board, attempt to notify an
2907 elector who has returned a vote-by-mail ballot that does not
2908 include the elector’s signature
or last four digits of the

2909
elector’s social security number
or contains a signature
or the

2910
last four digits of a social security number
that
do

does
not
2911 match the elector’s signature
or last four digits of the

2912
elector’s social security number
in the registration books or
2913 precinct register by:
2914 1. Notifying the elector of the signature
or last four

2915
digits of the social security number
deficiency by e-mail and
2916 directing the elector to the cure affidavit and instructions on
2917 the supervisor’s website;
2918 2. Notifying the elector of the signature
or last four

2919
digits of the social security number
deficiency by text message
2920 and directing the elector to the cure affidavit and instructions
2921 on the supervisor’s website; or
2922 3. Notifying the elector of the signature
or last four

2923
digits of the social security number
deficiency by telephone and
2924 directing the elector to the cure affidavit and instructions on
2925 the supervisor’s website.
2926
2927 In addition to the notification required under subparagraph 1.,
2928 subparagraph 2., or subparagraph 3., the supervisor must notify
2929 the elector of the signature
or last four digits of the social

2930
security number
deficiency by first-class mail and direct the
2931 elector to the cure affidavit and instructions on the
2932 supervisor’s website. Beginning the day before the election, the
2933 supervisor is not required to provide notice of the signature
2934 deficiency by first-class mail, but shall continue to provide
2935 notice as required under subparagraph 1., subparagraph 2., or
2936 subparagraph 3.
2937 (c) The elector must complete a cure affidavit in
2938 substantially the following form:
2939
2940 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT
2941
2942 I, ...., am a qualified voter in this election and
2943 registered voter of .... County, Florida. I do solemnly swear or
2944 affirm that I requested and returned the vote-by-mail ballot and
2945 that I have not and will not vote more than one ballot in this
2946 election. I understand that if I commit or attempt any fraud in
2947 connection with voting, vote a fraudulent ballot, or vote more
2948 than once in an election, I may be convicted of a felony of the
2949 third degree and fined up to $5,000 and imprisoned for up to 5
2950 years. I understand that my failure to sign this affidavit means
2951 that my vote-by-mail ballot will be invalidated.
2952
2953 ...(Voter’s Signature
or Last Four Digits of Social Security

2954
Number
)...
2955 ...(Address)...
2956
2957 (d) Instructions must accompany the cure affidavit in
2958 substantially the following form:
2959
2960 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
2961 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
2962 BALLOT NOT TO COUNT.
2963
2964 1. In order to ensure that your vote-by-mail ballot will be
2965 counted, your affidavit should be completed and returned as soon
2966 as possible so that it can reach the supervisor of elections of
2967 the county in which your precinct is located no later than 5
2968 p.m. on the 2nd day after the election.
2969 2. You must sign your name
or print the last four digits of

2970
your social security number
on the line above (Voter’s Signature
2971
or Last Four Digits of Social Security Number
).
2972 3. You must make a copy of one of the following forms of
2973 identification:
2974 a. Tier 1 identification.—Current and valid identification
2975 that includes your name and photograph: Florida driver license;
2976 Florida identification card issued by the Department of Highway
2977 Safety and Motor Vehicles; United States passport; debit or
2978 credit card; military identification; student identification;
2979 retirement center identification; neighborhood association
2980 identification; public assistance identification; veteran health
2981 identification card issued by the United States Department of
2982 Veterans Affairs; a Florida license to carry a concealed weapon
2983 or firearm; or an employee identification card issued by any
2984 branch, department, agency, or entity of the Federal Government,
2985 the state, a county, or a municipality; or
2986 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
2987 FORM OF IDENTIFICATION, identification that shows your name and
2988 current residence address: current utility bill, bank statement,
2989 government check, paycheck, or government document (excluding
2990 voter information card).
2991 4. Place the envelope bearing the affidavit into a mailing
2992 envelope addressed to the supervisor. Insert a copy of your
2993 identification in the mailing envelope. Mail (if time permits),
2994 deliver, or have delivered the completed affidavit along with
2995 the copy of your identification to your county supervisor of
2996 elections. Be sure there is sufficient postage if mailed and
2997 that the supervisor’s address is correct. Remember, your
2998 information MUST reach your county supervisor of elections no
2999 later than 5 p.m. on the 2nd day after the election, or your
3000 ballot will not count.
3001 5. Alternatively, you may
hand deliver,
fax
,
or e-mail your
3002 completed affidavit and a copy of your identification to the
3003 supervisor of elections. If e-mailing, please provide these
3004 documents as attachments.
3005 Section 30. Section 101.69, Florida Statutes, is amended to
3006 read:
3007 101.69 Voting in person; return of vote-by-mail ballot.—
3008 (1) The provisions of this code
may

shall
not be construed
3009 to prohibit any
voter

elector
from voting in person at the
3010
voter’s

elector’s
precinct on the day of an election or at an
3011 early voting site, notwithstanding that the
voter

elector
has
3012 requested a vote-by-mail ballot for that election.
A voter

An

3013
elector
who has returned a voted vote-by-mail ballot to the
3014 supervisor, however, is deemed to have cast his or her ballot
3015 and is not entitled to vote another ballot or to have a
3016 provisional ballot counted by the county canvassing board.
A

3017
voter

An elector
who has received a vote-by-mail ballot and has
3018 not returned the voted ballot to the supervisor, but desires to
3019 vote in person, shall return the ballot, whether voted or not,
3020 to the election board in the
voter’s

elector’s
precinct or to an
3021 early voting site. The returned ballot
must

shall
be marked
3022 “canceled” by the board and placed with other canceled ballots.
3023 However, if the
voter

elector
does not return the ballot and the
3024 election official:
3025 (a) Confirms that the supervisor has received the
voter’s

3026
elector’s
vote-by-mail ballot, the
voter may

elector shall
not
3027 be allowed to vote in person. If the
voter

elector
maintains
3028 that he or she has not returned the vote-by-mail ballot or
3029 remains eligible to vote, the
voter must

elector shall
be
3030 provided a provisional ballot as provided in s. 101.048.
3031 (b) Confirms that the supervisor has not received the
3032
voter’s

elector’s
vote-by-mail ballot, the
voter must

elector

3033
shall
be allowed to vote in person as provided in this code. The
3034
voter’s

elector’s
vote-by-mail ballot, if subsequently received,
3035
may

shall
not be counted and
must

shall
remain in the mailing
3036 envelope, and the envelope
must

shall
be marked “Rejected as
3037 Illegal.”
3038 (c) Cannot determine whether the supervisor has received
3039 the
voter’s

elector’s
vote-by-mail ballot, the
voter

elector
may
3040 vote a provisional ballot as provided in s. 101.048.
3041 (2)(a) The supervisor shall allow
a voter

an elector
who
3042 has received a vote-by-mail ballot to physically return a voted
3043 vote-by-mail ballot to the supervisor by placing the return mail
3044 envelope containing his or her marked ballot in a secure ballot
3045 intake station. Secure ballot intake stations
must

shall
be
3046 placed at the main office of the supervisor, at each permanent
3047 branch office of the supervisor which meets the criteria set
3048 forth in s. 101.657(1)(a) for branch offices used for early
3049 voting and which is open for at least the minimum number of
3050 hours prescribed by s. 98.015(4), and at each early voting site.
3051 Secure ballot intake stations may also be placed at any other
3052 site that would otherwise qualify as an early voting site under
3053 s. 101.657(1). Secure ballot intake stations must be
3054 geographically located so as to provide all voters in the county
3055 with an equal opportunity to cast a ballot, insofar as is
3056 practicable.
Except for secure ballot intake stations at an

3057
office of the supervisor, a secure ballot intake station may

3058
only be used during the county’s early voting hours of operation

3059
and must be monitored in person by an employee of the

3060
supervisor’s office.
A secure ballot intake station at an office
3061 of the supervisor must be
continuously
monitored
in person
by
an

3062
employee of
the supervisor’s office when the secure ballot
3063 intake station is accessible for deposit of ballots.
3064 (b) A supervisor shall designate each secure ballot intake
3065 station location at least 30 days before an election. The
3066 supervisor shall provide the address of each secure ballot
3067 intake station location to the division at least 30 days before
3068 an election. After a secure ballot intake station location has
3069 been designated, it may not be moved or changed except as
3070 approved by the division to correct a violation of this
3071 subsection.
3072 (c)1. On each day of early voting, all secure ballot intake
3073 stations must be emptied at the end of early voting hours and
3074 all ballots retrieved from the secure ballot intake stations
3075 must be returned to the supervisor’s office.
3076 2. For secure ballot intake stations located at an office
3077 of the supervisor, all ballots must be retrieved before the
3078 secure ballot intake station is no longer monitored by
an

3079
employee of
the supervisor.
3080 3. Employees of the supervisor must comply with procedures
3081 for the chain of custody of ballots as required by s.
3082 101.015(4).
3083
(3) If any secure ballot intake station is left accessible

3084
for ballot receipt other than as authorized by this section, the

3085
supervisor is subject to a civil penalty of $25,000. The

3086
division is authorized to enforce this provision.

3087 Section 31.
Section 104.0616, Florida Statutes, is

3088
repealed.

3089 Section 32. Subsection (1) of section 104.155, Florida
3090 Statutes, is amended to read:
3091 104.155 Unqualified noncitizen electors willfully voting;
3092 prohibited defenses; aiding or soliciting noncitizen electors in
3093 voting prohibited.—
3094 (1) Any person who is not a qualified elector because he or
3095 she is not a citizen of the United States and who willfully
3096 votes in any election is guilty of a felony of the third degree,
3097 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3098
A person’s ignorance of his or her citizenship status or a

3099
person’s bona fide belief of his or her citizenship status

3100
cannot be raised as a defense in a prosecution for a violation

3101
of this subsection.

3102 Section 33. Subsection (1) of section 104.42, Florida
3103 Statutes, is amended to read:
3104 104.42 Fraudulent registration and illegal voting;
3105 investigation.—
3106 (1) The supervisor of elections is authorized to
3107 investigate fraudulent registrations and illegal voting and to
3108 report his or her findings to the local state attorney
and the

3109
Office of Election Crimes and Security
.
3110 Section 34. Paragraph (a) of subsection (3) of section
3111 921.0022, Florida Statutes, is amended to read:
3112 921.0022 Criminal Punishment Code; offense severity ranking
3113 chart.—
3114 (3) OFFENSE SEVERITY RANKING CHART
3115 (a) LEVEL 1
3116
3117 FloridaStatute FelonyDegree Description
3118 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
3119
104.0616(2)

3rd

Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.

3120 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
3121 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
3122 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
3123 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
3124 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
3125 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
3126 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
3127 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
3128 322.212(5)(a) 3rd False application for driver license or identification card.
3129 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
3130 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
3131 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
3132 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
3133 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
3134 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
3135 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
3136 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
3137 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
3138 826.01 3rd Bigamy.
3139 828.122(3) 3rd Fighting or baiting animals.
3140 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
3141 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
3142 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
3143 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.
3144 838.15(2) 3rd Commercial bribe receiving.
3145 838.16 3rd Commercial bribery.
3146 843.18 3rd Fleeing by boat to elude a law enforcement officer.
3147 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
3148 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.
3149 849.23 3rd Gambling-related machines; “common offender” as to property rights.
3150 849.25(2) 3rd Engaging in bookmaking.
3151 860.08 3rd Interfere with a railroad signal.
3152 860.13(1)(a) 3rd Operate aircraft while under the influence.
3153 893.13(2)(a)2. 3rd Purchase of cannabis.
3154 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
3155 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
3156 Section 35. Except as otherwise expressly provided in this
3157 act and except for this section, which shall take effect upon
3158 this act becoming a law, this act shall take effect July 1,
3159 2026.