Florida Senate - 2024 SB 1522



By Senator Thompson





15-00327B-24 20241522__
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 are
25 prohibited from being charged with certain crimes as a
26 result of such registration or voting; requiring the
27 commission to adopt rules; amending s. 97.021, F.S.;
28 defining terms; repealing s. 97.022, F.S., relating to
29 the Office of Election Crimes and Security; repealing
30 s. 97.0291, F.S.; relating to prohibiting the use of
31 private funds for election-related expenses; creating
32 s. 97.0556, F.S.; authorizing a person who meets
33 certain requirements to register to vote at an early
34 voting site or at his or her polling place and to
35 immediately thereafter cast a ballot; amending s.
36 97.057, F.S.; authorizing the Department of Highway
37 Safety and Motor Vehicles to preregister certain
38 individuals to vote; providing that driver license or
39 identification card applications, driver license or
40 identification card renewal applications, and
41 applications for changes of address for existing
42 driver licenses or identification cards submitted to
43 the department serve as voter registration
44 applications; providing that an applicant is deemed to
45 have consented to the use of his or her signature for
46 voter registration purposes unless a declination is
47 made; requiring that specified applications include a
48 voter registration component, subject to approval by
49 the Department of State; providing requirements for
50 the voter registration component; requiring the
51 Department of Highway Safety and Motor Vehicles to
52 electronically transmit voter registration information
53 to the Department of State within a specified
54 timeframe; requiring the Department of State to
55 provide such information to supervisors of elections;
56 deleting obsolete language; making technical changes;
57 amending s. 97.0575, F.S.; revising the information a
58 third-party voter registration organization is
59 required to provide to the Department of State;
60 deleting a provision that provides for the expiration
61 of such organization’s registration at the conclusion
62 of the general election cycle for which the
63 organization is registered; deleting provisions
64 requiring such organizations to provide a specified
65 receipt to applicants; revising the timeframe within
66 which such organizations must deliver completed
67 applications to the Division of Elections or a
68 supervisor of elections; revising certain penalties;
69 deleting the aggregate limit of such penalties;
70 deleting provisions providing criminal and
71 administrative penalties; deleting provisions
72 requiring the division to adopt certain rules;
73 deleting provisions that prohibit providing applicants
74 a pre-filled voter registration application and a
75 specified fine for such action; deleting provisions
76 providing criminal penalties for the unlawful copying
77 of voter registration applications or retaining of a
78 voter’s personal information; deleting provisions
79 providing for retroactive application; creating part
80 III of ch. 97, F.S., entitled “Florida Voting Rights
81 Act”; creating s. 97.21, F.S.; prohibiting local
82 governments, state agencies, and state officials from
83 implementing or enforcing actions that result in, will
84 result in, or are intended to result in specified
85 disparities or impairments; providing that a
86 rebuttable presumption exists that a violation
87 occurred in specified circumstances; prohibiting any
88 method of election that has the effect, or is
89 motivated in part by the intent, of impairing the
90 opportunity or ability of certain voters to
91 participate in the political process and elect
92 candidates of their choosing or influence the outcome
93 of elections; specifying actions that constitute
94 violations of such provision; requiring courts to
95 adhere to specified guidelines to determine whether
96 racially polarized voting by protected members
97 occurred; requiring courts to consider certain factors
98 when determining whether an impairment of the right to
99 vote for a protected class member or the opportunity
100 or ability to participate in the political process and
101 elect a candidate of their choosing has occurred;
102 providing that a particular combination or number of
103 such factors is not necessary to determine that an
104 impairment occurred; specifying that the court may
105 only consider certain factors; specifying when such
106 factors are most probative; providing factors that the
107 court may consider; prohibiting the court from
108 considering certain factors; requiring a prospective
109 plaintiff, before filing a certain action against a
110 local government, to send a notification letter, by
111 specified means, to the local government; prohibiting
112 a party from filing an action under specified
113 circumstances; authorizing a local government to adopt
114 a specified resolution within a specified timeframe;
115 providing that if the proposed remedy in such
116 resolution is barred by state or local law, it may be
117 approved by the Florida Voting Rights Act Commission,
118 if certain conditions are met; authorizing a party who
119 sent a notification letter to seek reimbursement from
120 the local government under specified circumstances;
121 authorizing a party to bring a cause of action for a
122 specified violation under specified circumstances;
123 requiring local governments to take certain action;
124 requiring the commission to post notification letters
125 and resolutions on its website; authorizing the
126 commission to adopt certain rules; prohibiting local
127 governments from asserting specified defenses;
128 authorizing specified entities to file certain
129 enforcement actions; creating s. 97.22, F.S.; creating
130 the Florida Voting Rights Act Commission within the
131 Department of State; providing that such commission is
132 a separate budget entity and must submit a budget in
133 accordance with specified provisions; providing duties
134 and responsibilities of the commission; providing for
135 the composition of the commission; providing that such
136 commissioners serve staggered terms; requiring that
137 commissioners be compensated at a specified hourly
138 rate; requiring the formation of a nominating
139 committee; providing for the appointment and removal
140 of nominating committee members; requiring the
141 nominating committee to select a chair; requiring
142 commissioners to be selected using a specified
143 process; requiring commissioners to initially be
144 selected by lot and randomly assigned term lengths for
145 purposes of achieving staggered terms; authorizing the
146 commission to take specified actions in any action or
147 investigation to enforce specified provisions;
148 authorizing the commission to hire staff and make
149 expenditures for a specified purpose; authorizing the
150 commission to adopt rules; creating s. 97.23, F.S.;
151 requiring the commission to enter into agreements with
152 one or more postsecondary educational institutions to
153 create the Florida Voting and Elections Database and
154 Institute for a specified purpose; requiring the
155 parties to the agreement to enter into a memorandum of
156 understanding to select a director; authorizing the
157 database and institute to perform specified actions;
158 requiring the database and institute to make election
159 and voting data records for a specified timeframe
160 available to the public at no cost and to maintain
161 such records in an electronic format; requiring the
162 database and institute to use certain methodologies
163 when preparing estimates; providing the data and
164 records that must be maintained; requiring state
165 agencies and local governments to provide any
166 information requested by the director of the database
167 and institute; requiring local governments to transmit
168 specified information to the database and institute
169 within a certain timeframe; requiring specified
170 entities to annually provide processing data,
171 statistics, and other information to the database and
172 institute; authorizing specified entities to file
173 enforcement actions; providing that such claim may be
174 filed in accordance with the Florida Rules of Civil
175 Procedure in a specified venue; requiring the database
176 and institute to publish a certain report; requiring
177 the database and institute to provide nonpartisan
178 technical assistance to specified entities; providing
179 that a rebuttable presumption exists that data,
180 estimates, or other information from the database and
181 institute is valid; creating s. 97.24, F.S.; defining
182 terms; requiring the commission to designate languages
183 other than English for which language assistance must
184 be provided by a local government, if certain
185 conditions exist; providing the circumstances under
186 which the commission must designate languages other
187 than English for voting and elections; requiring the
188 commission to annually publish specified information
189 on its website; requiring local governments to provide
190 language assistance for specified purposes if the
191 commission makes a certain determination; specifying
192 the materials that must be provided in such language;
193 requiring that certain information be given orally to
194 voters; requiring that translated materials convey a
195 specified intent and meaning; prohibiting local
196 governments from relying on automatic translation
197 services; requiring that live translation be used if
198 available; requiring the commission to adopt specified
199 rules; authorizing specified entities to file
200 enforcement actions; requiring that such actions be
201 filed in accordance with the Florida Rules of Civil
202 Procedure or in a specified venue; creating s. 97.25,
203 F.S.; providing that the enactment or implementation
204 of a covered policy by a covered jurisdiction is
205 subject to preclearance by the commission; specifying
206 actions by a local government which are a covered
207 policy; specifying which local governments are a
208 covered jurisdiction; requiring the commission to
209 annually determine and publish a list of local
210 governments that are covered jurisdictions on its
211 website; requiring a covered jurisdiction, if seeking
212 preclearance, to submit the covered policy to the
213 commission in writing; requiring the commission to
214 review the covered policy and grant or deny
215 preclearance; providing that the covered jurisdiction
216 bears the burden of proof in the preclearance process;
217 requiring the commission to provide a written
218 explanation for the denial; providing that the
219 commission may deny preclearance only if it makes a
220 certain determination; providing that if preclearance
221 is denied, the covered policy may not be implemented;
222 authorizing a covered jurisdiction to immediately
223 implement or enact a covered policy granted
224 preclearance; providing that such determination is not
225 admissible or may not be considered by a court in a
226 subsequent action challenging the covered policy;
227 providing that a covered policy is deemed precleared
228 and may be implemented or enacted by the covered
229 jurisdiction if the commission fails to approve or
230 deny the covered policy within specified timeframes;
231 requiring the commission to grant or deny preclearance
232 within specified timeframes; authorizing the
233 commission to invoke a specified number of extensions
234 of a specified timeframe to determine preclearance;
235 providing that any denial of preclearance may be
236 appealed only by the covered jurisdiction in a
237 specified venue; authorizing specified entities to
238 enjoin the enactment or implementation of specified
239 policies and seek sanctions against covered
240 jurisdictions in specified circumstances; authorizing
241 specified entities to file enforcement actions;
242 specifying that such actions must be filed in
243 accordance with the Florida Rules of Civil Procedure
244 or in a specified venue; requiring the commission to
245 adopt rules; creating s. 97.26, F.S.; prohibiting a
246 person from engaging in acts of intimidation,
247 deception, obstruction, or any other tactic that has
248 the effect, or will reasonably have the effect, of
249 interfering with another person’s right to vote;
250 specifying acts that are deemed a violation; providing
251 a rebuttable presumption; authorizing specified
252 entities to file a civil action to enforce specified
253 provisions; creating s. 97.27, F.S.; providing
254 construction; providing applicability; creating s.
255 97.28, F.S.; requiring a court to order specified
256 appropriate remedies for violations of the act;
257 requiring the court to consider remedies proposed by
258 specified parties; prohibiting the court from giving
259 deference to a remedy proposed by the state or local
260 government; providing that the court is empowered to
261 require local governments to implement certain
262 remedies under specified conditions; requiring the
263 courts to grant a temporary injunction or other
264 preliminary relief requested under specified
265 conditions; requiring the court to award attorney fees
266 and litigation costs in actions to enforce specified
267 provisions; amending s. 98.045, F.S.; conforming a
268 cross-reference; creating s. 100.51, F.S.;
269 establishing General Election Day as a paid holiday;
270 providing that a voter may absent himself or herself
271 from service or employment at a specific time on a
272 General Election Day and may not be penalized or have
273 salary or wages reduced for such absence; creating s.
274 101.016, F.S.; requiring the Division of Elections to
275 maintain a strategic elections equipment reserve of
276 voting systems and other equipment for specified
277 purp