Bill > S1522

Introduced Session

An act relating to elections; amending s. 20.10, F.S.; requiring that the Secretary of State be elected rather than appointed and serve a specified term; specifying when such election must occur; amending s. 20.32, F.S.; requiring the Florida Commission on Offender Review to develop and maintain a database for a specified purpose; specifying database requirements; requiring specified entities to provide specified information to the commission on a monthly basis; requiring the Department of Management Services, acting through the Florida Digital Service, to provide technical assistance to the commission in developing and maintaining the database; authorizing the Department of Management Services to adopt rules; requiring the commission to make the database publicly available on a website by a specified date; requiring the commission to update the database monthly; requiring the commission to publish certain instructions on the website; requiring the commission to submit a certain comprehensive plan to the Governor and the Legislature by a specified date; specifying requirements for the comprehensive plan; providing that certain persons who register to vote are prohibited from being charged with certain crimes as a result of such registration or voting; requiring the commission to adopt rules; amending s. 97.021, F.S.; defining terms; repealing s. 97.022, F.S., relating to the Office of Election Crimes and Security; repealing s. 97.0291, F.S.; relating to prohibiting the use of private funds for election-related expenses; creating s. 97.0556, F.S.; authorizing a person who meets certain requirements to register to vote at an early voting site or at his or her polling place and to immediately thereafter cast a ballot; amending s. 97.057, F.S.; authorizing the Department of Highway Safety and Motor Vehicles to preregister certain individuals to vote; providing that driver license or identification card applications, driver license or identification card renewal applications, and applications for changes of address for existing driver licenses or identification cards submitted to the department serve as voter registration applications; providing that an applicant is deemed to have consented to the use of his or her signature for voter registration purposes unless a declination is made; requiring that specified applications include a voter registration component, subject to approval by the Department of State; providing requirements for the voter registration component; requiring the Department of Highway Safety and Motor Vehicles to electronically transmit voter registration information to the Department of State within a specified timeframe; requiring the Department of State to provide such information to supervisors of elections; deleting obsolete language; making technical changes; amending s. 97.0575, F.S.; revising the information a third-party voter registration organization is required to provide to the Department of State; deleting a provision that provides for the expiration of such organization’s registration at the conclusion of the general election cycle for which the organization is registered; deleting provisions requiring such organizations to provide a specified receipt to applicants; revising the timeframe within which such organizations must deliver completed applications to the Division of Elections or a supervisor of elections; revising certain penalties; deleting the aggregate limit of such penalties; deleting provisions providing criminal and administrative penalties; deleting provisions requiring the division to adopt certain rules; deleting provisions that prohibit providing applicants a pre-filled voter registration application and a specified fine for such action; deleting provisions providing criminal penalties for the unlawful copying of voter registration applications or retaining of a voter’s personal information; deleting provisions providing for retroactive application; creating part III of ch. 97, F.S., entitled “Florida Voting Rights Act”; creating s. 97.21, F.S.; prohibiting local governments, state agencies, and state officials from implementing or enforcing actions that result in, will result in, or are intended to result in specified disparities or impairments; providing that a rebuttable presumption exists that a violation occurred in specified circumstances; prohibiting any method of election that has the effect, or is motivated in part by the intent, of impairing the opportunity or ability of certain voters to participate in the political process and elect candidates of their choosing or influence the outcome of elections; specifying actions that constitute violations of such provision; requiring courts to adhere to specified guidelines to determine whether racially polarized voting by protected members occurred; requiring courts to consider certain factors when determining whether an impairment of the right to vote for a protected class member or the opportunity or ability to participate in the political process and elect a candidate of their choosing has occurred; providing that a particular combination or number of such factors is not necessary to determine that an impairment occurred; specifying that the court may only consider certain factors; specifying when such factors are most probative; providing factors that the court may consider; prohibiting the court from considering certain factors; requiring a prospective plaintiff, before filing a certain action against a local government, to send a notification letter, by specified means, to the local government; prohibiting a party from filing an action under specified circumstances; authorizing a local government to adopt a specified resolution within a specified timeframe; providing that if the proposed remedy in such resolution is barred by state or local law, it may be approved by the Florida Voting Rights Act Commission, if certain conditions are met; authorizing a party who sent a notification letter to seek reimbursement from the local government under specified circumstances; authorizing a party to bring a cause of action for a specified violation under specified circumstances; requiring local governments to take certain action; requiring the commission to post notification letters and resolutions on its website; authorizing the commission to adopt certain rules; prohibiting local governments from asserting specified defenses; authorizing specified entities to file certain enforcement actions; creating s. 97.22, F.S.; creating the Florida Voting Rights Act Commission within the Department of State; providing that such commission is a separate budget entity and must submit a budget in accordance with specified provisions; providing duties and responsibilities of the commission; providing for the composition of the commission; providing that such commissioners serve staggered terms; requiring that commissioners be compensated at a specified hourly rate; requiring the formation of a nominating committee; providing for the appointment and removal of nominating committee members; requiring the nominating committee to select a chair; requiring commissioners to be selected using a specified process; requiring commissioners to initially be selected by lot and randomly assigned term lengths for purposes of achieving staggered terms; authorizing the commission to take specified actions in any action or investigation to enforce specified provisions; authorizing the commission to hire staff and make expenditures for a specified purpose; authorizing the commission to adopt rules; creating s. 97.23, F.S.; requiring the commission to enter into agreements with one or more postsecondary educational institutions to create the Florida Voting and Elections Database and Institute for a specified purpose; requiring the parties to the agreement to enter into a memorandum of understanding to select a director; authorizing the database and institute to perform specified actions; requiring the database and institute to make election and voting data records for a specified timeframe available to the public at no cost and to maintain such records in an electronic format; requiring the database and institute to use certain methodologies when preparing estimates; providing the data and records that must be maintained; requiring state agencies and local governments to provide any information requested by the director of the database and institute; requiring local governments to transmit specified information to the database and institute within a certain timeframe; requiring specified entities to annually provide processing data, statistics, and other information to the database and institute; authorizing specified entities to file enforcement actions; providing that such claim may be filed in accordance with the Florida Rules of Civil Procedure in a specified venue; requiring the database and institute to publish a certain report; requiring the database and institute to provide nonpartisan technical assistance to specified entities; providing that a rebuttable presumption exists that data, estimates, or other information from the database and institute is valid; creating s. 97.24, F.S.; defining terms; requiring the commission to designate languages other than English for which language assistance must be provided by a local government, if certain conditions exist; providing the circumstances under which the commission must designate languages other than English for voting and elections; requiring the commission to annually publish specified information on its website; requiring local governments to provide language assistance for specified purposes if the commission makes a certain determination; specifying the materials that must be provided in such language; requiring that certain information be given orally to voters; requiring that translated materials convey a specified intent and meaning; prohibiting local governments from relying on automatic translation services; requiring that live translation be used if available; requiring the commission to adopt specified rules; authorizing specified entities to file enforcement actions; requiring that such actions be filed in accordance with the Florida Rules of Civil Procedure or in a specified venue; creating s. 97.25, F.S.; providing that the enactment or implementation of a covered policy by a covered jurisdiction is subject to preclearance by the commission; specifying actions by a local government which are a covered policy; specifying which local governments are a covered jurisdiction; requiring the commission to annually determine and publish a list of local governments that are covered jurisdictions on its website; requiring a covered jurisdiction, if seeking preclearance, to submit the covered policy to the commission in writing; requiring the commission to review the covered policy and grant or deny preclearance; providing that the covered jurisdiction bears the burden of proof in the preclearance process; requiring the commission to provide a written explanation for the denial; providing that the commission may deny preclearance only if it makes a certain determination; providing that if preclearance is denied, the covered policy may not be implemented; authorizing a covered jurisdiction to immediately implement or enact a covered policy granted preclearance; providing that such determination is not admissible or may not be considered by a court in a subsequent action challenging the covered policy; providing that a covered policy is deemed precleared and may be implemented or enacted by the covered jurisdiction if the commission fails to approve or deny the covered policy within specified timeframes; requiring the commission to grant or deny preclearance within specified timeframes; authorizing the commission to invoke a specified number of extensions of a specified timeframe to determine preclearance; providing that any denial of preclearance may be appealed only by the covered jurisdiction in a specified venue; authorizing specified entities to enjoin the enactment or implementation of specified policies and seek sanctions against covered jurisdictions in specified circumstances; authorizing specified entities to file enforcement actions; specifying that such actions must be filed in accordance with the Florida Rules of Civil Procedure or in a specified venue; requiring the commission to adopt rules; creating s. 97.26, F.S.; prohibiting a person from engaging in acts of intimidation, deception, obstruction, or any other tactic that has the effect, or will reasonably have the effect, of interfering with another person’s right to vote; specifying acts that are deemed a violation; providing a rebuttable presumption; authorizing specified entities to file a civil action to enforce specified provisions; creating s. 97.27, F.S.; providing construction; providing applicability; creating s. 97.28, F.S.; requiring a court to order specified appropriate remedies for violations of the act; requiring the court to consider remedies proposed by specified parties; prohibiting the court from giving deference to a remedy proposed by the state or local government; providing that the court is empowered to require local governments to implement certain remedies under specified conditions; requiring the courts to grant a temporary injunction or other preliminary relief requested under specified conditions; requiring the court to award attorney fees and litigation costs in actions to enforce specified provisions; amending s. 98.045, F.S.; conforming a cross-reference; creating s. 100.51, F.S.; establishing General Election Day as a paid holiday; providing that a voter may absent himself or herself from service or employment at a specific time on a General Election Day and may not be penalized or have salary or wages reduced for such absence; creating s. 101.016, F.S.; requiring the Division of Elections to maintain a strategic elections equipment reserve of voting systems and other equipment for specified purposes; requiring that such reserve include specified equipment; authorizing the division to contract with specified entities rather than physically maintain such reserve; repealing s. 101.019, F.S., relating to the prohibition on ranked choice voting; amending s. 101.048, F.S.; providing that a voter may cast a provisional ballot at any precinct in the county in which the voter claims to be registered; making technical changes; amending s. 101.62, F.S.; providing that a request for a vote-by mail ballot is valid until the voter cancels the request; revising the timeframe during which the supervisor must mail vote-by-mail ballots before election day; deleting requirements for a person designated by an elector to pick up the elector’s vote-by-mail ballot; providing for extension of deadlines under certain conditions; amending s. 101.64, F.S.; requiring supervisors of elections to enclose a postage prepaid mailing envelope with each vote-by-mail ballot; providing that vote-by-mail ballot voter certificates may be signed with the last four digits of the voter’s social security number; making technical changes; amending s. 101.65, F.S.; revising the instructions that must be provided with a vote-by-mail ballot; amending s. 101.68, F.S.; requiring supervisors of elections to compare the signature or last four digits of the social security number on a voter’s certificate with the signature or last four digits of the social security number in the registration books or precinct register when canvassing a vote-by-mail ballot; requiring a canvassing board to compare the signature or last four digits of the social security number on a voter’s certificate or vote-by-mail ballot cure affidavit with the signature or last four digits of the social security number in the registration books or precinct register when canvassing a vote-by-mail ballot; deleting the authorization for certain persons to file a protest against the canvass of a ballot; amending s. 101.69, F.S.; deleting provisions providing that specified secure ballot intake stations be used only during specified timeframes and be monitored by an employee of the supervisor’s office; requiring that secure ballot intake stations be monitored by the supervisor’s office during specified timeframes instead of continuously monitored in person; deleting a provision authorizing a certain civil penalty; amending s. 104.42, F.S.; conforming a provision to changes made by the act; providing an effective date. WHEREAS, Harry T. and Harriette V. Moore were the first true civil rights activists of the modern civil rights era in this state, and WHEREAS, the Moores, and the organizations they helped found and lead, were instrumental in registering more than 100,000 black voters in this state, and WHEREAS, the Moores paid the ultimate price for the freedoms they fought to secure for their community when members of the Ku Klux Klan bombed their home in Mims on Christmas Day in 1951, and WHEREAS, at the time of their death, Florida had the most registered black voters, outpacing any other state in the South, and WHEREAS, the purpose of this act is to encourage maximum participation of all eligible voters in this state’s electoral process, and WHEREAS, electoral systems that deny race, color, or language minority groups an equal opportunity to elect candidates of their choice and influence the outcome of an election are inconsistent with the right to equal treatment before the law as provided in Articles I and II of the State Constitution as well as protections found in the 14th and 15th Amendments to the United States Constitution, and WHEREAS, this act expands voting rights granted under the federal Voting Rights Act of 1965 and reaffirms the well established principle of “one person, one vote,” and WHEREAS, following decisions by the United States Supreme Court in Shelby County v. Holder and Brnovich v. Democratic National Committee, the landmark Voting Rights Act of 1965 has been severely diminished in its ability to protect the freedom and opportunity of black and brown voters to fully participate in the political process of our democratic republic, and WHEREAS, this act builds on the historical work of the named and nameless Floridians who fought for their right to the elective franchise, NOW, THEREFORE,

AI Summary

Geri Thompson (D)*,  Lori Berman (D),  Lauren Book (D),  Tracie Davis (D),  Shev Jones (D),  Rosalind Osgood (D),  Jason Pizzo (I),  Tina Polsky (D),  Bobby Powell (D),  Darryl Rouson (D),  Linda Stewart (D),  Victor Torres (D), 

Died in Ethics and Elections (on 03/08/2024)

Official Document