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 1423 2024
1 A bill to be entitled
2 An act relating to voter assistance; creating s.
3 97.027, F.S.; providing definitions; requiring a
4 supervisor of elections or a political subdivision
5 that administers an election to provide certain
6 language-related assistance to a limited English-
7 proficient voter under certain circumstances;
8 requiring such supervisor of elections or political
9 subdivision to provide election materials of a certain
10 quality in a covered language; requiring the manual
11 translation of English language text; authorizing the
12 use of automatic translation services under certain
13 circumstances; requiring that election materials
14 prepared in a covered language must be made available
15 at the same time as comparable English language
16 election materials; requiring a supervisor of
17 elections to operate and provide public notice of an
18 assistance hotline; providing requirements for the
19 hotline; requiring a supervisor of elections to
20 provide certain notices in a covered language under
21 certain circumstances; requiring a supervisor of
22 elections or a political subdivision to replicate
23 certain signs and posters in certain covered languages
24 and display or distribute such signs and posters in
25 the same form and manner as English language signs;
Page 1 of 11
CODING: Words stricken are deletions; words underlined are additions.
hb1423-00
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 1423 2024
26 requiring a governmental entity responsible for
27 redistricting to provide certain translation services
28 and translations; providing requirements for such
29 translation services; authorizing certain parties to
30 bring certain actions against a supervisor of
31 elections or a political subdivision; requiring the
32 court to provide an expedited hearing; requiring a
33 court to grant certain relief and implement certain
34 remedies upon making certain findings; providing that
35 certain parties are liable for damages; providing for
36 the award of attorney fees and costs in certain
37 circumstances; requiring supervisors of elections and
38 certain political subdivisions to collect certain
39 data; requiring supervisors of elections and political
40 subdivisions to publish a certain report annually;
41 requiring certain translation services to be in
42 compliance with certain federal laws; creating the
43 Language Assistance Task Force; providing the purposes
44 of the task force; providing for membership of the
45 task force; requiring the task force to submit a
46 certain report to the Department of State; providing
47 for the expiration of the task force; providing an
48 effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
Page 2 of 11
CODING: Words stricken are deletions; words underlined are additions.
hb1423-00
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 1423 2024
51
52 Section 1. Section 97.027, Florida Statutes, is created to
53 read:
54 97.027 Limited English-proficient voter assistance.—
55 (1) DEFINITIONS.—As used in this section, the term:
56 (a) "Covered language" means the language of a member of a
57 language minority group.
58 (b) "Election materials" means materials relating to
59 elections which are intended to be read by a voter and which are
60 provided by a supervisor of elections or political subdivision,
61 including, but not limited to, ballots, sample ballots, vote -by-
62 mail ballots, vote-by-mail ballot requests, voting guides,
63 voting instructions, voter registration applications and
64 materials, polling place signage, notices, websites containing
65 election-related information, and electronic communications,
66 including social media communications.
67 (c) "Language minority group" has the same meaning as in
68 s. 203 of the Voting Rights Act of 1965, as amended, and
69 includes a group of persons whose primary language is Haitian -
70 Creole or Brazilian-Portuguese.
71 (d) "Limited English-proficient voter" means a member of a
72 language minority group who does not speak or understand English
73 adequately to participate in the electoral process. A person who
74 has not completed the fifth grade is presumed to not speak or
75 understand English adequately to participate in the electoral
Page 3 of 11
CODING: Words stricken are deletions; words underlined are additions.
hb1423-00
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 1423 2024
76 process.
77 (e) "Political subdivision" means a county, municipality,
78 or special district.
79 (2) ASSISTANCE FOR LIMITED ENGLISH-PROFICIENT VOTERS.—A
80 supervisor of elections or political subdivision that
81 administers an election shall provide language-related
82 assistance in a covered language to a limited English -proficient
83 voter if, based on data from the United States Census Bureau
84 American Community Survey or data of comparable quality
85 collected by a governmental entity:
86 (a) More than 2 percent of the residents of voting age in
87 the political subdivision in which the election is held are
88 members of a single-language minority group and limited English-
89 proficient voters, if that percentage equals 300 or more
90 persons; or
91 (b) For an election held in a political subdivision that
92 contains any part of a Native American reservation, more than 2
93 percent of the Native American residents of voting age in the
94 Native American reservation are members of a single language
95 minority group and limited English-proficient voters. For
96 purposes of this paragraph, the term "Native American" means a
97 person recognized by the United States Census Bureau or the
98 state as an American Indian.
99 (3) ELECTION MATERIALS.—
100 (a) A supervisor of elections or a political subdivision
Page 4 of 11
CODING: Words stricken are deletions; words underlined are additions.
hb1423-00
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 1423 2024
101 shall provide to a limited English-proficient voter election
102 materials in his or her covered language that are the same
103 quality as comparable English language election materials.
104 (b) English language text must be manually translated.
105 Automatic translation services may only be used when manual
106 translation is not possible.
107 (c) Election materials prepared in a covered language must
108 be made available at the same time as comparable English
109 language election materials.
110 (4) ASSISTANCE HOTLINE.—A supervisor of elections shall
111 operate and provide public notice of an assistance hotline that
112 provides language assistance to limited English-proficient
113 voters which is staffed during early voting hours, all hours
114 during which a polling place is open on election day, and all
115 hours of the period after election day during which a voter may
116 cure a vote-by-mail ballot or provisional ballot deficiency. The
117 hotline must, upon connecting with a caller, provide a prompt
118 that allows the caller to meaningfully access language
119 assistance in the caller's covered language. The hotline must
120 also provide assistance to voters who require assistance by
121 reason of blindness, disability, or inability to read or write.
122 (5) NOTICES.—
123 (a) A supervisor of elections who is required to provide
124 language-related assistance in a covered language under
125 subsection (2) shall provide, in such covered language, notice
Page 5 of 11
CODING: Words stricken are deletions; words underlined are additions.
hb1423-00
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 1423 2024
126 of:
127 1. Election materials in covered languages for limited
128 English-proficient voters by prominently displaying signage at
129 the main office and branch offices of the supervisor, making
130 printed materials available to voters, and posting infor mation
131 on the supervisor's public website.
132 2. The addresses and operating hours of early voting
133 sites, secure ballot intake station locations, and polling
134 places by prominently displaying signage at the main office and
135 branch offices of the supervisor, making printed materials
136 available to voters, and posting information on the supervisor's
137 public website.
138 3. Any change in the address or operating hours of an
139 early voting site, a secure ballot intake station location, or a
140 polling place by the same means as such notice is provided to
141 voters in English.
142 (b) An English language sign or poster containing
143 election-related information which is displayed or distributed
144 by a supervisor of elections or a political subdivision must be
145 replicated in each covered language for which the supervisor or
146 political subdivision is required to provide language -related
147 assistance under subsection (2). A replicated sign or poster
148 must be displayed or distributed in the same form and manner and
149 must use the same font size for any printed text as the English
150 language sign or poster.
Page 6 of 11
CODING: Words stricken are deletions; words underlined are additions.
hb1423-00
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 1423 2024
151 (6) TRANSLATIONS RELATING TO REDISTRICTING.—A governmental
152 entity responsible for a redistricting process must provide
153 translation services at meetings and hearings related to
154 redistricting and translations of redistricting materials in
155 each covered language in which a supervisor of elections or
156 political subdivision within an affected geographical area is
157 required to provide election materials. The translation services
158 provided by the governmental entity must be sufficient to allow
159 a member of a language minority group who speaks such a covered
160 language to testify at such meeting or hearing for an amount of
161 time equal to that allowed to an English-language speaker,
162 notwithstanding the amount of time used to translate the covered
163 language.
164 (7) ACTION FOR DECLARATORY JUDGMENT AND INJUNCTIVE
165 RELIEF.—
166 (a) Any limited English-proficient voter, organization
167 whose membership includes limited English-proficient voters, or
168 organization with the mission of ensuring voting access which is
169 affected by a violation of this section may bring an action
170 against a supervisor of elections or a political subdivision in
171 a court of competent jurisdiction for declaratory judgment and
172 injunctive relief to enforce the requirements of this section.
173 (b) The court shall provide an expedited hearing for any
174 action brought under this subsection.
175 (c) The court shall grant injunctive relief upon finding
Page 7 of 11
CODING: Words stricken are deletions; words underlined are additions.
hb1423-00
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 1423 2024
176 that the plaintiff is more likely than not to succeed on the
177 merits and that it is possible to implement an appropriate
178 remedy resolving the alleged violation before an upcoming
179 election.
180 (d) Upon finding by a preponderance of the evidence that a
181 violation of this section has occurred, the court shall
182 implement appropriate remedies. Appropriate remedies include,
183 but are not limited to, the following:
184 1. Extending the voting period for additional hours or
185 days.
186 2. Requiring a special election.
187 3. Expanding the opportunities for voter registration and
188 early voting.
189 4. Requiring additional voter education outreach.
190 5. Requiring the provision of requested translation
191 services.
192 6. Any reasonable remedy proposed by the prevailing party.
193 (e) The court shall consider remedies proposed by the
194 parties to the action and interested nonparties, but may not
195 provide automatic deference or priority to a remedy proposed by
196 a supervisor of elections or a political subdivision.
197 (f) A party found to be in violation of this section is
198 liable for damages, including compensatory and punitive damages
199 for an intentional violation.
200 (g) The court shall award reasonable attorney fees and
Page 8 of 11
CODING: Words stricken are deletions; words underlined are additions.
hb1423-00
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 1423 2024
201 costs to the prevailing party, except that attorney fees and
202 costs may not be awarded to a prevailing defendant unless the
203 court finds that the action against the defendant was frivolous,
204 unreasonable, or without merit. A plaintiff is deemed to have
205 prevailed in an action when, as a result of the action, the
206 court grants most or all of the specific relief sought by the
207 plaintiff.
208 (8) DATA COLLECTION.—
209 (a) Supervisors of elections and political subdivisions
210 that administer elections shall collect data on language -related
211 assistance and translation services provided to limited English -
212 proficient voters. Data collection shall include:
213 1. Documentation of all encounters with limited English-
214 proficient voters.
215 2. Tracking the Department of State's frequency of contact
216 with limited English-proficient voters, includ