F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1469 2023
1 A bill to be entitled
2 An act relating to elections; amending s. 20.10, F.S.;
3 requiring the Secretary of State to be elected rather
4 than appointed; specifying when such election must
5 occur; amending s. 97.053, F.S.; requiring an
6 applicant to designate a party affiliation or sele ct
7 "no party affiliation" to be registered to vote;
8 requiring a supervisor of elections to provide a
9 certain notification; requiring the voter registration
10 application to include certain information; creating
11 s. 97.0556, F.S.; authorizing a person who meets
12 certain requirements to register to vote at an early
13 voting site or at his or her polling place and to
14 immediately thereafter cast a ballot; amending s.
15 97.057, F.S.; authorizing the Department of Highway
16 Safety and Motor Vehicles to preregister certain
17 individuals to vote; providing that driver license or
18 identification card applications, driver license or
19 identification card renewal applications, and
20 applications for changes of address for existing
21 driver licenses or identification cards submitted to
22 the department serve as voter registration
23 applications; providing that an applicant is deemed to
24 have consented to the use of his or her signature for
25 voter registration purposes unless a declination is
Page 1 of 52
CODING: Words stricken are deletions; words underlined are additions.
hb1469-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1469 2023
26 made; requiring specified applications to include a
27 voter registration component, subject to approval by
28 the Department of State; providing requirements for
29 the voter registration component; requiring the
30 Department of Highway Safety and Motor Vehicles to
31 electronically transmit voter registration information
32 to the Department of State within a specified
33 timeframe; requiring the Department of State to
34 provide such information to supervisors of elections,
35 as applicable; deleting obsolete language; making
36 technical changes; amending s. 97.0575, F.S.; revising
37 certain penalties for third-party voter registration
38 organizations; deleting the aggregate limit of such
39 penalties; amending s. 98.045, F.S.; conforming a
40 cross-reference; amending s. 98.065, F.S.; revising
41 requirements for registration list maintenance
42 programs; requiring supervisors to designate voters as
43 inactive if certain conditions are met; prohibiting
44 the number of voters on the inactive list from being
45 used to calculate the number of signatures necessary
46 for a petition; providing conditions under which a
47 voter on the inactive list may be restored to the
48 active list; requiring an inactive voter's name to be
49 removed from the statewide voter registration system
50 if certain conditions are met; providing requirements
Page 2 of 52
CODING: Words stricken are deletions; words underlined are additions.
hb1469-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1469 2023
51 for such inactive voter to have his or her name
52 restored to the system; amending s. 99.061, F.S.;
53 authorizing a candidate to pay his or her
54 qualification fee with a cashier's check; amending
55 100.111, F.S.; requiring the Governor to consult with
56 affected supervisors of elections in fixing the dates
57 for special elections; requiring the Governor, in the
58 event of a vacancy in a state legislative office, to
59 limit the period of such vacancy during a regular
60 legislative session to the greatest extent possible in
61 fixing a special election date; requiring the Governor
62 to fix the date for a special election to be held
63 within a certain timeframe; revising the minimum time
64 between a special primary election and a special
65 election; amending s. 100.141, F.S.; requiring the
66 Governor to issue an order calling for a special
67 election within a certain timeframe; conforming a
68 provision to changes made by the act; amending s.
69 100.371, F.S.; providing a requirement for the
70 delivery of certain petition forms; creating s.
71 100.51, F.S.; establishing General Election Day as a
72 paid holiday; providing that an elector may absent
73 himself or herself from service or employment at a
74 specific time on a General Election Day and may not be
75 penalized or have salary or wages reduced for such
Page 3 of 52
CODING: Words stricken are deletions; words underlined are additions.
hb1469-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1469 2023
76 absence; creating s. 101.016, F.S.; requiring the
77 Division of Elections to maintain a strategic
78 elections equipment reserve of voting systems and
79 other equipment for specified purposes; requiring such
80 reserve to include specified equipment; authorizing
81 the division to contract with specified entities
82 rather than physically maintain such reserve; amending
83 s. 101.048, F.S.; providing that a voter may cast a
84 provisional vote at any precinct in the county in
85 which the voter claims to be registered; amending s.
86 101.151, F.S.; revising the order in which office
87 titles and names of candidates are placed on the
88 ballot; conforming provisions to changes made by the
89 act; amending s. 101.5612, F.S.; requiring supervisors
90 of elections to annually file a plan for operations
91 under certain conditions; amending s. 101.62, F.S.;
92 providing that a request for a vote-by-mail ballot is
93 valid until such request is canceled; revising the
94 deadline by which requests for vote-by-mail ballots
95 must be received by a supervisor of elections;
96 revising the period during which a supervisor of
97 elections may deliver certain ballots; deleting
98 requirements for a person designated by an elector to
99 pick up the elector's vote-by-mail ballot; providing
100 for extension of deadlines under certain conditions;
Page 4 of 52
CODING: Words stricken are deletions; words underlined are additions.
hb1469-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1469 2023
101 amending s. 101.64, F.S.; requiring supervisors of
102 elections to enclose a postage prepaid mailing
103 envelope with each vote-by-mail ballot; providing that
104 vote-by-mail ballot voter certificates may be signed
105 with the last four digits of the voter's social
106 security number; amending s. 101.65, F.S.; revising
107 instructions that must be provided with a vote-by-mail
108 ballot; amending s. 101.68, F.S.; requiring
109 supervisors of elections to compare the signature or
110 last four digits of the social security number on a
111 voter's certificate with the signature or last four
112 digits of the social security number in the
113 registration books or precinct register when
114 canvassing a vote-by-mail ballot; requiring a
115 canvassing board to compare the signature or last four
116 digits of the social security number on a voter's
117 certificate or cure affidavit with the signature or
118 last four digits of the social security number in the
119 registration books or precinct register when
120 canvassing a vote-by-mail ballot; deleting the
121 authorization for certain persons to file a protest
122 against the canvass of a ballot; amending s. 101.6952,
123 F.S.; authorizing an absent voter to submit a federal
124 write-in absentee ballot or vote-by-mail ballot;
125 revising requirements for the canvassing of specified
Page 5 of 52
CODING: Words stricken are deletions; words underlined are additions.
hb1469-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1469 2023
126 ballots; providing that a certain presumption applies
127 to vote-by-mail ballots received from absent voters;
128 requiring a vote-by-mail ballot from an absent voter
129 which is postmarked or dated by a certain date to be
130 counted; amending s. 101.71, F.S.; prohibiting a
131 polling place from being located within a gated
132 community unless certain conditions are met; amending
133 s. 102.031, F.S.; authorizing a person to provide
134 food, water, or other items to certain voters;
135 prohibiting the use of devices that amplify sound in
136 certain locations during certain hours; amending s.
137 102.111, F.S.; revising the dates by which the
138 Elections Canvassing Commission must certify certain
139 election returns; amending s. 102.112, F.S.; revising
140 the deadlines for submission of county returns to the
141 Department of State; creating s. 102.181, F.S.;
142 authorizing certain persons to file actions against a
143 supervisor of elections for noncompliance with the
144 election code; providing that such persons are
145 entitled to an immediate hearing; providing for the
146 waiver of fees and costs and the awarding of attorney
147 fees; providing an effective date.
148
149 Be It Enacted by the Legislature of the State of Florida:
150
Page 6 of 52
CODING: Words stricken are deletions; words underlined are additions.
hb1469-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1469 2023
151 Section 1. Subsection (1) of section 20.10, Florida
152 Statutes, is amended to read:
153 20.10 Department of State.—There is created a Department
154 of State.
155 (1) The head of the Department of State is the Secretary
156 of State. The Secretary of State shall be elected at the
157 statewide general election at which the Governor, Lieutenant
158 Governor, and Cabinet officers are elected as provided in s. 5,
159 Art. IV of the State Constitution, for a term of 4 years
160 beginning on the first Tuesday after the first Monday in January
161 of the year following such election appointed by the Governor,
162 subject to confirmation by the Senate, and shall serve at the
163 pleasure of the Governor. The Secretary of State shall perform
164 the functions conferred by the State Constitution upon the
165 custodian of state records.
166 Section 2. Paragraph (b) of subsection (5) of section
167 97.053, Florida Statutes, is amended to read:
168 97.053 Acceptance of voter registration applications.—
169 (5)
170 (b) An applicant who fails to designate party affiliation
171 or affirmatively select "no party affiliation" may not must be
172 registered without party affiliation. The supervisor must notify
173 the voter by mail that the voter has not been registered without
174 party affiliation and that the voter must complete a new
175 registration application and designate a party affiliation or
Page 7 of 52
CODING: Words stricken are deletions; words underlined are additions.
hb1469-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1469 2023
176 affirmatively select "no party affiliation." The voter
177 registration application must clearly denote this req uirement
178 may change party affiliation as provided in s. 97.1031.
179 Section 3. Section 97.0556, Florida Statutes, is created
180 to read:
181 97.0556 Same-day voter registration.—A person who meets
182 the qualifications to register to vote in s. 97.041 and who
183 provides the information required for the statewide voter
184 registration application in s. 97.052 may register at an early
185 voting site or at his or her polling place and immediately
186 thereafter cast a ballot.
187 Section 4. Section 97.057, Florida Statutes, is a mended to
188 read:
189 97.057 Voter registration by the Department of Highway
190 Safety and Motor Vehicles.—
191 (1) Each of the following serves as an application The
192 Department of Highway Safety and Motor Vehicles shall provide
193 the opportunity to preregister to vote, register to vote, or to
194 update a voter registration record when submitted to the
195 Department of Highway Safety and Motor Vehicles to each
196 individual who comes to an office of that department to :
197 (a) An application for or a renewal of Apply for or renew
198 a driver license;
199 (b) An application for or a renewal of Apply for or renew
200 an identification card pursuant to chapter 322; or
Page 8 of 52
CODING: Words stricken are deletions; words underlined are additions.
hb1469-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1469 2023
201 (c) An application for a change of an address on an
202 existing driver license or identification card.
203
204 Unless the applicant declines to register or preregister to
205 vote, he or she is deemed to have consented to the use of the
206 signature from his or her driver license or identification card
207 application for voter registration purposes.
208 (2) An application for a driver license or an
209 identification card must include a voter registration component.
210 The voter registration component must be approved by th