April 24, 2019
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       Florida Senate - 2010                       CS for CS for SB 900
       
       
       
       By the Committees on Transportation and Economic Development
       Appropriations; and Ethics and Elections; and Senator Thrasher
       
       
       
       606-05207-10                                           2010900c2
    1                        A bill to be entitled                      
    2         An act relating to voting; amending s. 97.021, F.S.;
    3         defining the term “absent uniformed services voter”;
    4         revising the definition of the term “overseas voter”;
    5         amending s. 98.0981, F.S., relating to statewide voter
    6         information; conforming a cross-reference; amending s.
    7         101.56075, F.S.; extending the deadline by which
    8         persons with disabilities will be required to vote on
    9         voter interface devices that meet certain
   10         requirements; amending s. 101.62, F.S.; requiring the
   11         supervisor of elections to notify the absent uniformed
   12         services voter and overseas voter of the free access
   13         system for determining absentee ballot status;
   14         providing a timeframe for an absentee ballot to be
   15         sent to each absent uniformed services voter and
   16         overseas voter; providing acceptable formats for
   17         requesting an absentee ballot; modifying circumstances
   18         under which the Department of State is authorized to
   19         prescribe rules for a ballot to be sent to absent
   20         uniformed services voters and overseas voters;
   21         amending s. 101.694, F.S.; conforming timeframes for
   22         sending an absentee ballot upon receipt of a federal
   23         postcard application to those prescribed in s. 101.62,
   24         F.S.; deleting the requirement for a federal postcard
   25         application request to be effective through two
   26         regularly scheduled general elections pursuant to
   27         changes in federal law; amending s. 101.6952, F.S.;
   28         revising responsibilities of the supervisor of
   29         elections when an absent uniformed services voter’s or
   30         overseas voter’s request for an absentee ballot
   31         includes an e-mail address; requiring the supervisor
   32         to record the e-mail address in the absentee ballot
   33         record and, via e-mail, confirm that the request was
   34         received, inform the voter of the estimated date the
   35         absentee ballot will be sent, and notify the voter
   36         when the voted absentee ballot is received; amending
   37         s. 379.352, F.S., relating to recreational licenses
   38         and permits; conforming cross-references; providing
   39         effective dates.
   40  
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Subsections (2) through (43) of section 97.021,
   44  Florida Statutes, are renumbered as subsections (3) through
   45  (44), respectively, a new subsection (2) is added to that
   46  section, and present subsection (22) of that section is amended,
   47  to read:
   48         97.021 Definitions.—For the purposes of this code, except
   49  where the context clearly indicates otherwise, the term:
   50         (2) “Absent uniformed services voter” means:
   51         (a) A member of a uniformed service on active duty who, by
   52  reason of such active duty, is absent from the place of
   53  residence where the member is otherwise qualified to vote;
   54         (b) A member of the Merchant Marine who, by reason of
   55  service in the Merchant Marine, is absent from the place of
   56  residence where the member is otherwise qualified to vote; or
   57         (c) A spouse or dependent of a member referred to in
   58  paragraph (a) or paragraph (b) who, by reason of the active duty
   59  or service of the member, is absent from the place of residence
   60  where the spouse or dependent is otherwise qualified to vote.
   61         (23)(22) “Overseas voter” means:
   62         (a) An absent uniformed services voter who, by reason of
   63  active duty or service, is absent from the United States on the
   64  date of the election involved Members of the uniformed services
   65  while in the active service who are permanent residents of the
   66  state and are temporarily residing outside the territorial
   67  limits of the United States and the District of Columbia;
   68         (b) A person who resides outside the United States and is
   69  qualified to vote in the last place in which the person was
   70  domiciled before leaving the United States Members of the
   71  Merchant Marine of the United States who are permanent residents
   72  of the state and are temporarily residing outside the
   73  territorial limits of the United States and the District of
   74  Columbia; or and
   75         (c) A person who resides outside the United States and, but
   76  for such residence, would be qualified to vote in the last place
   77  in which the person was domiciled before leaving the United
   78  States Other citizens of the United States who are permanent
   79  residents of the state and are temporarily residing outside the
   80  territorial limits of the United States and the District of
   81  Columbia,
   82  
   83  who are qualified and registered to vote as provided by law.
   84         Section 2. Subsection (3) of section 98.0981, Florida
   85  Statutes, is amended to read:
   86         98.0981 Reports; voting history; statewide voter
   87  registration system information; precinct-level election
   88  results; book closing statistics.—
   89         (3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.—After the date
   90  of book closing but before the date of an election as defined in
   91  s. 97.021(11) s. 97.021(10) to fill a national, state, county,
   92  or district office, or to vote on a proposed constitutional
   93  amendment, the department shall compile the following precinct
   94  level statistical data for each county:
   95         (a) Precinct numbers.
   96         (b) Total number of active registered voters by party for
   97  each precinct.
   98         Section 3. Subsection (3) of section 101.56075, Florida
   99  Statutes, is amended to read:
  100         101.56075 Voting methods.—
  101         (3) By 2016 2012, persons with disabilities shall vote on a
  102  voter interface device that meets the voter accessibility
  103  requirements for individuals with disabilities under s. 301 of
  104  the federal Help America Vote Act of 2002 and s. 101.56062 which
  105  are consistent with subsection (1) of this section.
  106         Section 4. Paragraph (c) is added to subsection (1) of
  107  section 101.62, Florida Statutes, and subsections (4) and (5) of
  108  that section are amended, to read:
  109         101.62 Request for absentee ballots.—
  110         (1)
  111         (c) Upon receiving a request for an absentee ballot from an
  112  absent uniformed services voter or overseas voter, the
  113  supervisor of elections shall notify the voter of the free
  114  access system that has been designated by the department for
  115  determining the status of his or her absentee ballot.
  116         (4)(a) No later than 45 days before each election, the
  117  supervisor of elections shall send an absentee ballot as
  118  provided in subparagraph (b)2. to each absent uniformed services
  119  voter and to each overseas voter who has requested an absentee
  120  ballot. To each absent qualified elector overseas who has
  121  requested an absentee ballot, the supervisor of elections shall
  122  mail an absentee ballot not less than 35 days before the primary
  123  election and not less than 45 days before the general election.
  124         (b) The supervisor shall provide an absentee ballot to each
  125  elector by whom a request for that ballot has been made by one
  126  of the following means:
  127         1. By nonforwardable, return-if-undeliverable mail to the
  128  elector’s current mailing address on file with the supervisor,
  129  unless the elector specifies in the request that:
  130         a. The elector is absent from the county and does not plan
  131  to return before the day of the election;
  132         b. The elector is temporarily unable to occupy the
  133  residence because of hurricane, tornado, flood, fire, or other
  134  emergency or natural disaster; or
  135         c. The elector is in a hospital, assisted living facility,
  136  nursing home, short-term medical or rehabilitation facility, or
  137  correctional facility,
  138  
  139  in which case the supervisor shall mail the ballot by
  140  nonforwardable, return-if-undeliverable mail to any other
  141  address the elector specifies in the request.
  142         2. By forwardable mail, e-mail, or facsimile machine
  143  transmission to absent uniformed services voters and overseas
  144  voters who are entitled to vote by absentee ballot under the
  145  Uniformed and Overseas Citizens Absentee Voting Act. The absent
  146  uniformed services voter or overseas voter may designate in the
  147  absentee ballot request the preferred method of transmission. If
  148  the voter does not designate the method of transmission, the
  149  absentee ballot shall be mailed.
  150         3. By personal delivery before 7 p.m. on election day to
  151  the elector, upon presentation of the identification required in
  152  s. 101.043.
  153         4. By delivery to a designee on election day or up to 5
  154  days prior to the day of an election. Any elector may designate
  155  in writing a person to pick up the ballot for the elector;
  156  however, the person designated may not pick up more than two
  157  absentee ballots per election, other than the designee’s own
  158  ballot, except that additional ballots may be picked up for
  159  members of the designee’s immediate family. For purposes of this
  160  section, “immediate family” means the designee’s spouse or the
  161  parent, child, grandparent, or sibling of the designee or of the
  162  designee’s spouse. The designee shall provide to the supervisor
  163  the written authorization by the elector and a picture
  164  identification of the designee and must complete an affidavit.
  165  The designee shall state in the affidavit that the designee is
  166  authorized by the elector to pick up that ballot and shall
  167  indicate if the elector is a member of the designee’s immediate
  168  family and, if so, the relationship. The department shall
  169  prescribe the form of the affidavit. If the supervisor is
  170  satisfied that the designee is authorized to pick up the ballot
  171  and that the signature of the elector on the written
  172  authorization matches the signature of the elector on file, the
  173  supervisor shall give the ballot to that designee for delivery
  174  to the elector.
  175         (5) In the event that the department Elections Canvassing
  176  Commission is unable to certify candidates for the results of an
  177  election for a state office in time to comply with paragraph
  178  (4)(a) subsection (4), the Department of State is authorized to
  179  prescribe rules for a ballot to be sent to absent uniformed
  180  services voters and electors overseas voters.
  181         Section 5. Subsection (1) of section 101.694, Florida
  182  Statutes, is amended to read:
  183         101.694 Mailing of ballots upon receipt of federal postcard
  184  application.—
  185         (1) Upon receipt of a federal postcard application for an
  186  absentee ballot executed by a person whose registration is in
  187  order or whose application is sufficient to register or update
  188  the registration of that person, the supervisor shall send the
  189  ballot in accordance with s. 101.62(4) mail to the applicant a
  190  ballot, if the ballots are available for mailing. The federal
  191  postcard application request for an absentee ballot shall be
  192  effective for all elections through the next two regularly
  193  scheduled general elections.
  194         Section 6. Effective July 1, 2010, section 101.6952,
  195  Florida Statutes, is amended to read:
  196         101.6952 Absentee ballots for absent uniformed services and
  197  overseas voters.—
  198         (1) If an absent uniformed services voter’s or an overseas
  199  voter’s request for an absentee ballot includes an e-mail
  200  address, the supervisor of elections shall:
  201         (a) Record the voter’s e-mail address in the absentee
  202  ballot record;
  203         (b) Confirm by e-mail that the absentee ballot request was
  204  received and include in that e-mail the estimated date the
  205  absentee ballot will be sent to the voter; and
  206         (c) Notify the voter by e-mail when the voted absentee
  207  ballot is received by the supervisor of elections inform the
  208  voter of the names of candidates who will be on the ballots via
  209  electronic transmission. The supervisor of elections shall e
  210  mail to the voter the list of candidates for the primary and
  211  general election not later than 30 days before each election.
  212         (2) For absentee ballots received from absent uniformed
  213  services voters or overseas voters, there is a presumption that
  214  the envelope was mailed on the date stated on the outside of the
  215  return envelope, regardless of the absence of a postmark on the
  216  mailed envelope or the existence of a postmark date that is
  217  later than the date of the election.
  218         Section 7. Subsection (11) of section 379.352, Florida
  219  Statutes, is amended to read:
  220         379.352 Recreational licenses, permits, and authorization
  221  numbers to take wild animal life, freshwater aquatic life, and
  222  marine life; issuance; costs; reporting.—
  223         (11) When acting in its official capacity pursuant to this
  224  section, neither the commission nor a subagent is deemed a
  225  third-party registration organization, as defined in s.
  226  97.021(37) s. 97.021(36), or a voter registration agency, as
  227  defined in s. 97.021(41) s. 97.021(40), and is not authorized to
  228  solicit, accept, or collect voter registration applications or
  229  provide voter registration services.
  230         Section 8. Except as otherwise expressly provided in this
  231  act, this act shall take effect upon becoming a law.

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