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 1035 2024
1 A bill to be entitled
2 An act relating to elections; providing short titles;
3 amending s. 20.32, F.S.; requiring the Florida
4 Commission on Offender Review to develop and maintain
5 a database containing certain information for a
6 certain purpose; requiring certain governmental
7 entities to provide certain information to the
8 commission; requiring the Department of Management
9 Services, acting through the Florida Digital Service,
10 to provide certain technical assistance to the
11 commission; authorizing the department to adopt rules;
12 requiring the commission to make the database
13 available to the public on an Internet website by a
14 certain date; requiring the commission to update the
15 database monthly and publish certain information on
16 the website; requiring the commission to provide a
17 comprehensive plan to the Governor and Legislature by
18 a certain date; providing requirements for such plan;
19 prohibiting certain persons from being charged with
20 certain violations; requiring the commission to adopt
21 rules; amending s. 97.021, F.S.; providing
22 definitions; repealing s. 97.022, F.S., relating to
23 the Office of Election Crimes and Security; repealing
24 s. 97.0291, F.S., relating to a prohibition on the use
25 of private funds for election-related expenses;
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26 creating s. 97.0293, F.S.; prohibiting certain
27 governmental entities from taking certain actions
28 relating to elections; providing a rebuttable
29 presumption; prohibiting a local government from
30 employing certain election methods; requiring courts
31 to adhere to certain guidelines when making certain
32 determinations; providing factors that courts may
33 consider when making certain determinations;
34 prohibiting courts from considering certain factors
35 when making certain determinations; requiring a
36 plaintiff to send a certain notification letter to a
37 local government in certain circumstances; providing
38 requirements for such letter; authorizing a local
39 government to adopt a certain resolution in certain
40 circumstances; providing requirements for such
41 resolution; prohibiting a local government from
42 asserting the doctrine of laches as a defense to
43 certain claims; authorizing certain persons to file
44 certain actions; creating s. 97.02935, F.S.; providing
45 a definition; requiring the Florida Voting Rights Acts
46 Commission to designate certain languages for which
47 assistance in voting and elections must be provided in
48 certain circumstances; requiring the commission to
49 find that a significant and substantial need exists in
50 certain circumstances; requiring the commission to
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51 annually publish a certain list on its website;
52 requiring a local government to provide certain
53 assistance in voting and elections; providing
54 requirements for such assistance; requiring the
55 commission to adopt certain rules; authorizing certain
56 persons to file certain claims; creating s. 97.0294,
57 F.S.; requiring the commission to enter into an
58 agreement with one or more universities to create the
59 Florida Voting and Elections Database and Institute;
60 providing requirements for the database and institute;
61 authorizing the database and institute to take certain
62 actions; requiring the database and institute to
63 maintain certain data and records in an electronic
64 format and make such data and records available to the
65 public; requiring state agencies and local governments
66 to timely provide the director of the database and
67 institute with certain information; requiring each
68 local government to transmit to the database and
69 institute copies of certain information within a
70 certain period; authorizing certain persons to file
71 certain actions; requiring the database and institute
72 to publish a certain report annually within a certain
73 period; providing a rebuttable presumption; creating
74 s. 97.0295, F.S.; establishing the Florida Voting
75 Rights Act Commission; providing that the commission
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76 is not a unit of any other state agency; providing for
77 selection, compensation, terms, and qualifications of
78 commissioners; providing powers of the commission;
79 authorizing the commission to hire staff, make
80 expenditures, and adopt rules; creating s. 97.0296,
81 F.S.; providing that the enactment or implementation
82 of certain policies by a covered jurisdiction is
83 subject to preclearance by the commission; requiring
84 the commission to annually make and publish a certain
85 determination online; requiring a covered jurisdiction
86 to seek preclearance from the commission in a certain
87 manner; authorizing the commission to deny
88 preclearance in certain circumstances; providing
89 requirements for review of certain covered policies;
90 authorizing certain persons to file certain actions;
91 requiring the commission to adopt certain rules;
92 creating s. 97.0297, F.S.; providing construction;
93 prohibiting the assertion of certain immunities and
94 privileges in certain circumstances; creating s.
95 97.0298, F.S.; authorizing a court to order certain
96 appropriate remedies; authorizing a court to consider
97 certain remedies; requiring a court to grant a
98 temporary injunction or certain other relief in
99 certain circumstances; requiring a court to award
100 certain fees and costs to a prevailing party in
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101 certain circumstances; creating s. 97.0299, F.S.;
102 establishing a voter education fund to be administered
103 by the commission; authorizing the commission to
104 expend moneys from the fund for certain purposes;
105 creating s. 97.0556, F.S.; authorizing certain persons
106 to register to vote and immediately thereafter cast a
107 vote in certain circumstances; amending s. 97.057,
108 F.S.; authorizing the Department of Highway Safety and
109 Motor Vehicles to preregister certain individuals to
110 vote; providing that driver license or identification
111 card applications, driver license or identification
112 card renewal applications, and applications for a
113 change of address for existing driver licenses or
114 identification cards submitted to the department serve
115 as voter registration applications; providing that an
116 applicant is deemed to have consented to the use of
117 his or her signature for voter registration purposes;
118 providing an exception; requiring specified
119 applications to include a voter registration
120 component, subject to approval by the Department of
121 State; specifying requirements for such component;
122 requiring the Department of Highway Safety and Motor
123 Vehicles to electronically transmit voter registration
124 information to the Department of State within a
125 certain period; requiring the Department of State to
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126 provide such information to supervisors of elections;
127 deleting obsolete language; making technical changes;
128 amending s. 97.0575, F.S.; revising information that a
129 third-party voter registration organization must
130 provide to the Division of Elections; removing a
131 provision that provides for the automatic expiration
132 of the registration of such organization; removing a
133 provision that requires such organization to provide a
134 certain receipt to an applicant; removing a provision
135 that requires such organization to deliver a voter
136 registration application to a certain supervisor of
137 elections; revising the period within which such
138 organization must deliver such applications to the
139 division or a supervisor of elections; revising the
140 amounts of certain fines; removing a provision that
141 subjects such organization to certain fines for
142 certain acts committed by a person collecting
143 applications on behalf of such organization; removing
144 a provision that requires the division to adopt by
145 rule a certain form and certain rules; removing a
146 provision that prohibits such organization from
147 prefilling certain information on an application and
148 that provides for certain fines; removing a provision
149 relating to retroactive application of certain
150 requirements; amending s. 98.045, F.S.; conforming a
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151 cross-reference; creating s. 100.51, F.S.;
152 establishing General Election Day as a paid holiday;
153 authorizing an elector to absent himself or herself
154 from service or employment during a certain period on
155 such day; prohibiting such elector from being
156 penalized or having his or her salary or wages reduced
157 for such absence; creating s. 101.016, F.S.; requiring
158 the Division of Elections to maintain a strategic
159 elections equipment reserve of voting systems for
160 specified purposes; requiring such reserve to include
161 specified equipment; authorizing the division to
162 contract with specified entities rather than
163 maintaining a physical reserve of such equipment;
164 repealing s. 101.019, F.S., relating to a prohibition
165 on ranked-choice voting; amending s. 101.048, F.S.;
166 authorizing a voter to cast a provisional vote at any
167 precinct in the county in which the voter claims to be
168 registered; amending s. 101.62, F.S.; providing that a
169 request for a vote-by-mail ballot is valid until such
170 request is canceled; revising the deadline by which
171 requests for vote-by-mail ballots must be received by
172 a supervisor of elections; removing provisions
173 providing requirements for a person designated by an
174 elector to pick up the elector's vote-by-mail ballot;
175 requiring the extension of deadlines in certain
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176 circumstances; amending s. 101.64, F.S.; requiring
177 supervisors of elections to enclose a postage prepaid
178 mailing envelope with each vote-by-mail ballot;
179 authorizing vote-by-mail ballot voter's certificates
180 to be signed with the last four digits of the voter's
181 social security number; amending s. 101.69, F.S.;
182 removing a provision that limits the use of a secure
183 ballot intake station to certain hours and that
184 requires certain monitoring; removing a provision that
185 subjects a supervisor of elections to a civil penalty
186 in certain circumstances; amending s. 104.0515, F.S.;
187 prohibiting a person from deceiving, or attempting to
188 deceive, another person for certain purposes;
189 specifying certain acts that violate a certain
190 prohibition; authorizing certain persons to file
191 certain civil actions; requiring a court to impose
192 certain remedies; amending s. 104.42, F.S.; conforming
193 a provision to changes made by the act; providing an
194 effective date.
195
196 WHEREAS, electoral systems that deny race, color, or
197 language minority groups an equal opportunity to elect
198 candidates of their choice and influence the outcome of an
199 election are inconsistent with the right to equal treatment
200 before the law as provided in s. 2, Art. I of the State
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201 Constitution as well as protections found in the Fourteenth and
202 Fifteenth Amendments to the United States Constitution, and
203 WHEREAS, following United States Supreme Court decisions in
204 Shelby County v. Holder and Brnovich v. Democratic National
205