Updated 3/22/2024
Education & Parental Rights
SB282. Nonpublic Religious Postsecondary Educational Institutions
Summary: changes rules for private religions colleges
Status: In Appropriations Committee on Education; Passed Education Postsecondary Committee 8-0
Introduced by Senator Ana Maria Rodriguez (R; District 40; Miami-Dade and Monroe Counties)
Updates 1005.06 (Institutions not under the jurisdiction or purview of the commission) to remove exemptions of institutions not under the jurisdiction of “the commission” for religious colleges “that prepare students for religious vocations” (ref: “Commission for Independent Education, or by an out-of-state independent postsecondary educational institution” introduced in 1005.02)
Creates 1005.12 (Nonpublic religious postsecondary educational institutions)
Those schools have 2 or more criteria: incorporated in Florida, LLC in Florida, under corporation registered in Florida, under an entity with IRS taxpayer number, be tax exempt 501(c)(3)
Exempt from licensure if do all of these: (a) name includes religious modifier, (b) “offers only educational programs that prepare students for religious vocations”, (c) degree titles include religious modifiers, (d) duration of degree programs are consistent with “the commission”, (e) consumer practices are consistent with 1005.04 (fair consumer practices)
“The commission” provides annual notice of institution’s exemption; if told it’s noncompliant the institution my apply for license in accordance with 1005.31 (Licensure of institutions) within 45 days or cease operating within 45 days; person who filed for exemption (certifying all 5 items in previous bullet) is charged with making false statement on a sworn affidavit)
“The commission” can find institution noncompliant “upon receiving written notices from two or more different nonpublic religious postsecondary educational institutions under this section that the institution in questions has failed to meet the requirements”
NOTE: Women Impacting the Nation (WIN) is AGAINST this bill because it creates unchallengeable process with no method of appeal (plus criminal charges); allows competitors to file complaints exempt from laws of due process; eliminates schools under churches that aren’t incorporated in FL or 501(c)(3) (neither is required of churches)
Individual Freedom
HB 1619. Carrying and Possession of Weapons and Firearms
Summary: allows open carry of firearms; expands concealed carry with permit; more legal protection for “risk protection orders” (red flag law)
Status: Now in Criminal Justice Subcommittee
Introduced by Rep Mike Beltran (R; District 70; Hillsborough and Manatee Counties)
Modifies 790.001 (Definitions) to add judges to definition of law enforcement officers
Amends 790.013 (Carrying of concealed weapons or concealed firearms without a license) to include unconcealed firearms
Repeals 790.02 (Officer to arrest without warrant and upon probable cause) and 790.051 (Exemption from licensing requirements; law enforcement officers)
Amends 790.053 (Open carrying of weapons) to replace “unlawful” with “lawful” (i.e., allow open carry)
Amends 790.06 (License to carry concealed weapon or concealed firearm)
Removes all fees; state general revenue pays for fingerprints;
Adds ” nothing in this subparagraph precludes a judge from carrying a weapon or firearm or determining who will carry a concealed weapon or concealed firearm in his or her courtroom or chambers, and this exception shall not extend to any parking facility in or near any courthouse”
Does the same for legislators in Capitol Complex
Removes polling place, schools, college, professional athletic event, career centers from places you cannot concealed carry with a permit (other statutes updated to reflect this change)
Amends 790.401 (Risk protection orders)
Removes language not requiring representation by attorney; Adds “Indigent respondent is entitled to appointment of counsel to the same extent that an indigent person would be entitled to appointment of counsel in a felony criminal case”
Removes ability for court to do hearing by telephone, but adds remote video conference
Court “may” (not “must”) issue risk protection order
Recent acquisition of firearms “is only relevant if the respondent previously did not own or possess firearms or ammunition”
Removes (4) Temporary ex parte risk protection orders
Removes (13) Liability (protection for criminal or civil liability for acts or omissions related to obtaining a risk protection order)
Why do you need a 42 page bill to allow open carry?
Little birdie said Speaker Paul Renner (R; District 19; Flagler & St Johns Counties) called it DOA.
Healthcare & Medical Freedom
SB402. Declarations of a Public Health Emergency
Summary: Harder to renew public health emergencies; removes vaccines as a treatment
Status: Referred to Health Policy, Judiciary, and Rules Committees. Still no votes.
Introduced by Senator Clay Yarborough (R; District 4; Nassau & Duval Counties)
Proposes more changes to the public health emergency statute (381.00315)
The good:
Removes vaccines as a treatment
Makes it harder for indefinite emergencies; only get 60 days. Governor can extend for 30 days. After that, you need 2/3 of both legislative chambers to extend 30 days at a time
“Individuals may refuse examination, testing, or treatments for reasons of health, religion, or conscience” and “may be required to undergo examination testing, or treatment”
Removes language that “State Health Officer may use any means necessary to treat the individual”
The bad:
To refuse examination, testing, or treatment, you have to submit a refusal in writing to the State Health Officer… that would never be used to develop a list of political enemies, could it?
Those who refuse examination, testing, or treatment “may be subjected to isolation or quarantine”
Still doesn’t define “significant morbidity or mortality” which suggests none of these people paid attention in 2020. We need to specify something outrageous like a 30% case fatality rate in order for any additional powers to be granted to state health officers. At that point, people will isolate voluntarily.
SB636. Exemptions from Immunization Requirements
Summary: Anyone can claim an exemption for any reason if vax doesn’t satisfy certain rules (including manufacturer assumes liability… so all of them)
Status: Referred to Health Policy, Judiciary, and Rules Committees. Still no votes.
Introduced by Senator Ileana Garcia (R; District 36; NE Miami-Dade County)
Creates new statute (381.029. Limited exemption from required immunizations) that provides requirements for FDA-approved vaccines to be mandated. If a vax doesn’t meet all the requirements, anyone can claim a vax exemption for any reason. The most important requirement is that the “vaccine’s manufacturer assumes liability, including for design defect claims, for any death or injury caused by the vaccine.”
Also important: “An employer, a school district, the department, or any other state agency, board, or commission may not require a person to meet any other condition to claim the exemption”
Problem: like most of the bills from the 2023 session, there is no private cause of action for people whose exemptions are ignored. There needs to be a stated penalty for companies, school districts, and government agencies that violate this law.
SB680. Protection of Medical Freedom (similar to HB1535)
Summary: No immunization registry or tracking; can’t require proof of vax or immunity status; adds vax or immunity status to civil rights law
Status: Referred to Judiciary, Health Policy, and Rules committees. Still no votes.
Introduced by Senator Joe Gruters (R; District 22; Sarasota & Manatee Counties)
HB1535 now in Healthcare Regulation Subcommittee. Still no votes.
Updates Statute 381.003 (Communicable disease and AIDS prevention and control): “The department may not require enrollment in the immunization registry or otherwise require persons to submit to any form of immunization tracking.”
Updates Statute 381.00316 (Discrimination by governmental and business entities based on health care choices; prohibition) to remove COVID 19 and expand it to all communicable diseases and all vaccines, so can’t require a vax, test, or proof of recovery from disease for hiring, entry, service, etc.
Creates new statute (448.077. Employment discrimination on the basis of vaccination or immunity status prohibited) to add teeth to 381.003:
“An individual who is refused employment or is discriminated against on the basis of vaccination or immunity status in violation of this section may file a civil action in a court of competent jurisdiction for relief as set forth in subsection (4).
(4) In any action brought pursuant to subsection (3), the court may order any of the following forms of relief, as applicable:
(a) An injunction preventing the continued violation of this section.
(b) Employment or reinstatement of the employee to the same position applied for or held, as applicable, before the violation occurred or to an equivalent position.
(c) Compensation for lost wages, benefits, and other remuneration.
(d) Reasonable attorney fees.
(e) Any other relief the court deems appropriate.”
Creates new statutes that prevent insurance companies from requiring proof of vax or immunity status. They can’t refuse to issue or renew policies, impose higher premiums, or discriminate in coverage solely on the basis of vax or immunity status. The new statutes all have the same title (Discrimination on the basis of vaccination or immunity status prohibited” and are:
626.9708… life insurance
627.6441… health insurance
627.6614… group, blanket, or franchise health insurance
641.31078… health maintenance organizations
Problem: unlike 448.077, none of these provide a private cause of action or any specified penalties for companies that violate the law.
Adds vax or immunity status to protected categories under civil rights law.
Updates Statute 1003.22 (District school board operation and control of public K-12 education within the school district) to specify that “any immunization approved by the United States Food and Drug Administration only for emergency use may not be required.”
SB1094. Immunization Requirements.
Summary: Need state approval to add immunization requirements for school attendance; allow for parental opt-out
Status: Referred to Health Policy, Judiciary, and Rules committees. Still no votes.
Introduced by Senator Jonathan Martin (R; District 33; Lee County)
Amends FL Statute 381.003 (Communicable disease and AIDS prevention and control). Adds: “Beginning July 1, 2024, the department must obtain approval of the Legislature to add any new immunizations to those required for school attendance.”
Creates new Statute 381.00301 (Require immunizations; exemption; informed consent; public health emergencies; health data tracking). Says no person can be “required to receive an immunization for any purpose.” Requires and defines informed consent. State and local governments can’t implement any federal or international recommendations or policies without approval of state legislature. Florida DOH and local governments can’t use “any digital health identification registry or similar mechanism of tracking health data of residents” without approval of state legislature.
Amends FL Statute 1003.22 (School-entry health examinations; immunization against communicable diseases; exemptions; duties of Department of Health) to add section for parent to opt out of immunization requirements
Culture
HB1. Social Media Use for Minors
Summary: No social media under 16; 16-17 have warnings and protections
Status: 2nd Reading on 1/23; Passed Judiciary Committee 17-5 (1 abs); Passed House Regulatory Reform & Economic Development Subcommittee 13-1 (3 abs)
Primary Sponsors: Rep Tyler Sirois (R; District 31; Brevard County); Rep Fiona McFarland (R; District 73; Sarasota County); Rep Michele Rayner-Goolsby (D; District 62; Hillsborough & Pinellas Counties)
Creates new statute 501.1736 (Social media use for minors)
Defines social media platform (does not include websites, e-mail, text, DM, streaming service, online shopping, interactive gaming, photo editing, single-purpose community groups for public safety, & more)
Can’t allow accounts for minors under age 16
Terminate existing accounts (90-day window for account holder to dispute and verifying age 16+); permanently delete all personal information associated with terminated account (exceptions for legal requirements); failure to terminate within required time after being notified liable to minor or parent/guardian up to $10K in damages plus court costs and attorney fees (must file civil action within 1 year)
Must use “reasonable age verification methods” by “nongovernmental, independent, third-party not affiliated with the social media platform”
Can’t retain personal identifying information to verify age once age is verified; can’t use info for any other purpose
If allow minors under 18, must
Have “clearly labeled, conspicuous, and readily accessible link that” discloses policies on content moderation, whether it “allows use of addictive design or deceptive pattern features,” whether it allows manipulated photographs to be shared, whether it considers best interests of minors & what those are, policies & procedures to protect minors “against harmful behaviors, such as bullying, harassment, and threats of violence or self-harm,” whether it collects or sells personal information of users (personal identifiers, biometrics, geolocation data) & must disclose to whom it’s sold
Provide ZIP code-based references to resources for local law enforcement, suicide prevention, and domestic violence prevention; reporting mechanisms related to harmful behaviors
Require minors to accept disclaimer: “This application may be harmful to your mental health and may use design features that have addictive qualities or present unverified information or that may be manipulated by [insert platform name] or others for your viewing. This application may also collect your personal data to further manipulate your viewable content and may share your personal data with others.”
Violation is unfair and deceptive trade practice; civil penalty up to $50K per violation
HB 3. Online Access to Materials Harmful to Minors (SB1788 (Age verification); SB1792 (Harmful to minors))
Summary: Have to block material that depicts or describes sexual content on website or apps for users under 18
Status: 1st Reading on 1/18
Primary sponsors: Rep Chase Tramont (R; District 30; Brevard & Volusia Counties); Rep Toby Overdorf (R; District 85; Martin & St Lucie Counties); Rep Berny Jacques (R; District 59; Pinellas County); Rep Lauren Melo (R; District 82; Hendry and Collier Counties)
SB1788 & SB1792 sponsors: Sen Erin Grall (R; District 29; Indian River, Okeechobee, Highlands, Glades & St Lucie Counties); Senator Ileana Garcia (R; District 36; NE Miami-Dade County)
Creates statute 501.1737 (Age verification for online access to materials harmful to minors)
Defines “material harmful to minors”: depicts or describes sexual conduct (defined in 847.001(19)) “when taken as a whole, lacks serious literary, artistic, political, or scientific value for minors”
“Commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on a website or application” must perform reasonable age verification & prevent access to users under 18; provide “accessible link or function to allow minor or confirmed parent/guardian to report unauthorized or unlawful access; material must be blocked within 5 days; can’t store any personal identifying information necessary to identify age; failure to block access after report within 5 days after being notified can be liable to minor or parent/guardian up to $10K in damages plus court costs and attorney fees (must file civil action within 1 year)
Doesn’t apply to internet service provider, search engine or cloud service provider
Violation is unfair and deceptive trade practice; civil penalty up to $50K per violation
SB766. Luring or Enticing Children
Summary: Raises penalty for existing law
Sponsored by Linda Stewart (D; District 13; Orange County)
Amends 787.025 (Luring or enticing a child); raises penalty for first offense from first degree misdemeanor to third degree felony (5 years or $5K); subsequent offense raised to second degree felony (15 years or $10K)… NOTE: This is included in HB1129/SB1196
HB1129/SB1196. Harm to Minors (“Protect Our Children Act”)
Summary: Requires manufacturers to have a filter on devices so underage users could not download harmful content
Status: 1st Reading in House on 1/9
HB1129 introduced by Rep Michelle Salzman (R; District 1; Escambia County)
SB1196 introduced by Senator Blaise Ingoglia (R; District 11; Citrus, Hernando & Sumter Counties)
98 page bill!!! (4 pages just for the summary)
Creates 501.173 (Device filtering of content harmful to minors.)
Beginning Jan 1, 2025 “a manufacturer shall manufacture a device that, when activated in this state, automatically enables a filter that” prevents user from accessing or downloading material that is harmful to minors
Manufacturer and individual liability (person other than parent/guardian who enables password to remove filter); action brought by Attorney General; $5K per violation; civil action by parent/guardian to recover damages up to $50K per violation (does not preclude class action lawsuit); criminal penalties: first degree misdemeanor
Amends 787.025 (Luring or enticing a child); raises penalty for first offense from first degree misdemeanor to third degree felony (5 years or $5K); subsequent offense raised to second degree felony (15 years or $10K)… NOTE: This change is in a stand-alone SB766
Creates 827.12 (Harmful communication with a minor)
Defines “inappropriate relationship” as 18+ with minor “which is explicit and includes detailed verbal descriptions or narrative accounts of sexual conduct… or sexual excitement”
Person 18+ “may not knowingly engage in any communication that” is designed to maintain an inappropriate relationship with minor or harmful to minors as defined in 847.001 (Obscenity); cannot “seduce, solicit, lure, or entice” a minor “or another person believed by the person to be a minor to share an image or a recorded image depicting nudity of the minor”
Violation is third degree felony (5 years or $5K); second degree felony if minor is under 12
Exception for medical diagnosis, treatment or educational conversations (“not intended to elicit sexual excitement”)
Administrative updates to 921.0022 (Criminal Punishment Code; offense severity ranking chart )and 943.0435 (Sexual offenders required to register with the department) to reflect new crimes & penalties
HB 1135. Lewd or Lascivious Grooming (SB 1238)
Passed 15-2 in the Criminal Justice Subcommittee on Jan 19. Referred to Judiciary and Justice Appropriations Subcommittees
Sponsors: Rep Taylor Yarkosky (R; District 25; Lake County); Rep Doug Bankson (R; District 39; Orange & Seminole Counties); Rep Chase Tramont (R; District 30; Brevard & Volusia Counties)
A 1 page bill!!!
Defines “lewd or lascivious grooming” as “the process of preparing or encouraging a child to engage in sexual activity through overtly sexually themed communication with the child or in conduct with or observed by the child without permission from the child’s parent or legal guardian.”
Violation of the law is a second degree felony (up to 15 years of $10K)
HB 1233. Biological Sex
Summary: Replaces gender with sex (defined biologically); defines mother and father; if health insurance offers transition coverage, it must also offer detransitioning coverage and must off plans without transition coverage; allows discrimination based on sex for state interests (detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms, etc.)
Status: Now in Health & Human Services Committee
Sponsored by Rep Dean Black (R; District 15; Nassau & Duval Counties)
Updates 1.01 (Definitions)
“‘Sex’ means the classification of a human person as either male or female based on the organization of the body of such person for a specific reproductive role, as indicated by the person’s sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth.”
Defines mother (female parent) and father (male parent)
Updates 103.091 (Political parties)
“the statement of biological sex on a person’s official birth certificate filed at or near the time of the person’s birth determines whether the person is male or female and may serve as a committeeman or committeewoman, respectively.”
Updates 322.051 (Identification cards) and 322.08 (Application for license; requirements for license and identification card forms)
Replaces “gender” with “sex”
Creates 322.195 (Specification of a person’s sex on driver licenses and identification cards)… cannot issue license or ID card with sex as different from original birth certificate
Creates 627.641 (Coverage of certain treatment)
Any health insurance policy issued after July 1, 2024 which provides for sex-reassignment prescriptions or procedures must also provide treatment to detransition
Health insurer that issues policies providing transition coverage must also offer policies without transition coverage (NOTE: This creates adverse selection and will make transition coverage plans more expensive; will probably be overturned by federal courts)
Updates 627.657 (Provisions of group health insurance policies), 627.6699 (Employee Health Care Access Act), and 641.31 (Health maintenance contracts) to reflect 627.641
Creates 760.09 (Construction)
“An individual born with a medically verifiable diagnosis of a disorder in sex development must be provided legal protections and accommodations afforded under the Americans with Disabilities Act and applicable state law.”
Laws & rules based on sex have ” intermediate constitutional scrutiny” (“forbids unfair discrimination against similarly situated male and female individuals but allows the law to distinguish between the sexes where such distinctions are substantially related to important state interests”)
“distinctions between the sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms, and other areas where biology, safety, or privacy are implicated which result in separate accommodations are substantially related to the important state interest of protecting the health, safety, and privacy of individuals in such circumstances”
Schools, state agencies & political subdivisions must collect stat on sex
Adds provision that act is severable if parts are unconstitutional
HB1355/SB1414. Education (“Freedom to Learn Act”)
Summary: Puts CRT, DEI, LGBTQ history, porn and sex instruction back into schools
Status: Now in Education Quality Subcommittee
Primary sponsor Rep Michele Rayner-Goolsby (D; District 62; Hillsborough & Pinellas Counties); 4 other D cosponsors
Senate sponsor Senator Tracie Davis (D; District 5; Duval County) and Senator Shevrin Jones (D; District 34; NE Miami-Dade County)
Amends 1000.05 (Discrimination against students and employees in the Florida K-20 public education system prohibited; equality of access required) to remove (4)… i.e., no longer ban CRT
Repeals 1000.071 (Personal titles and pronouns); acknowledgement that “a person’s sex is an immutable biological trait and that it is false to ascribe to a person a pronoun that does not correspond to such person’s sex”
Amends 1001.42 (Powers and duties of district school board)
Let’s teachers groom/encourage LGBT kids: “A school district may not adopt a procedure that compels or authorizes school personnel to provide such information to a parent if a reasonably prudent person would believe that disclosure would result in harm to the student, including, but not limited to”
Removes prohibition on teaching sexual orientation and gender identity in Pre-K through 8th grade
Amends 1001.706 (Powers and duties of the Board of Governors) to removes requirement to report on programs or curriculum that violates 1000.05
Amends 1001.92 (State University System Performance-Based Incentive) to remove financial penalties for violating 1000.05
Amends 1003.42 (Required instruction [Public K-12 education]) to add “(v) The study of LGBTQ history in Florida and the LGBTQ community’s contributions to the United States, which may include important United States Supreme Court cases, such as Obergefell v. Hodges and Windsor v. United States; the Florida Legislative Investigation Committee; and the tragedy at Pulse Nightclub.”
Amends 1004.06 (Prohibited expenditures) to remove prohibition on expenditures in violation of 1005.05 or to advocate for DEI or social activist; adds sentenced to encourage those programs
Amends 1006.28 (Duties of district school board, district school superintendent; and school principal regarding K-12 instructional materials)
Excludes classroom libraries
Only allow parents (no county residents) to challenge books
Removes criteria (II) for inappropriate book (“Depicts or describes sexual conduct as defined in s. 406 847.001(19), unless such material is for a course required by s. 407 1003.46, s. 1003.42(2)(n)1.g., or s. 1003.42(2)(n)3., or 408 identified by State Board of Education rule”)
Removes requirement to remove book in 5 days
Removes rule that if school board denies parent the right to read from a book then the book must be removed
Adds “School libraries may provide materials and information presenting all points of view on current and historical issues. Materials may not be proscribed or removed because of partisan or doctrinal disapproval.”
Removes prohibition on core courses not distorting historical events or teaching identity politics, CRT, etc. (stuff in 1005.05)
HB1639. Gender and Biological Sex
Status: Passed House Select Committee on Health Innovation 10-5 (1 abs)
Sponsored by Rep Doug Bankson (R; District 39; Orange & Seminole Counties); Rep Dean Black (R; District 15; Nassau & Duval Counties); Rep Rachel Plakon (R; District 36; Seminole County)
Shorter version of HB 1233 (I didn’t read to get the differences)
Crime
SB 538. Traveling Across County Lines to Commit Criminal Offenses
Summary: Makes criminal offense one level higher if crossing county lines
Status: Passed Criminal Justice Committee 8-0 on 1/10; now in Senate Appropriations Subcommittee on Criminal and Civil Justice Committee
Introduced by Senator Gayle Harrell (R; District 31; Martin, St Lucie & Palm Beach Counties)
Amends 843.22 (Traveling across county lines with intent to commit a burglary)
Renames to “certain offenses” rather than “burglary”
Adds grand theft or a forcible felony (776.08)
Election Integrity
HB359. Voting Systems
Summary: Provides for manual hand count; no foreign equipment or software
Status: 1st reading on 1/9
Primary sponsors: Rep Berny Jacques (R; District 59; Pinellas County) and Rep Taylor Yarkosky (R; District 25; Lake County)
Amends 101.5604 (Adoption of system; procurement of equipment; commercial tabulations) to say may (not must) use electronic tabulation; allows for hand count at precinct level
Amends 101.5605 (Examination and approval of equipment) Dept of State can’t approve voting system using hardware of software designed, produced, owned or license by entity owned, operated, or majority-controlled by a foreign company or person or produced whole or in part in a foreign country (includes software, hardware, tabulating equipment, printers)
Amends 101.5607 (Department of State to maintain voting system information; prepare software)… info has to be public on Dept of State website 3 months prior to election
Summary: Escort for transport of election materials
Status: 1st reading in House on 1/9; SB190 in Senate Ethics and Elections Committee
Introduced by Rep David Borrero (R; District 11; Miami-Dade County)
SB190 introduced by Senator Ileana Garcia (R; District 36; NE Miami-Dade County)
Amends 101.24 (Ballot boxes and ballots)
“A law enforcement officer shall transport the ballot box or ballot transfer container from the supervisor to the precinct”
“A ballot box or ballot transfer container must be under the supervision of a law enforcement officer at all times during an election until such ballot box or ballot transfer container has been transported to the supervisor”
Amends 102.071 (Tabulation of votes and proclamation of results)
Replaces a bunch of “shalls” with “musts”
Adds transported “by a law enforcement officer”
Amends 102.101 (Sheriff and other officers not allowed in polling place) to allow exception as provided in 101.24 and 102.071
Summary: Provides owners of residential property with protection against squatters; can have sheriff remove them without legal prerequisites used to evict tenants; first-degree felony to list, rent, or sell property you don’t own
*Only applies to residential property; doesn’t include commercial property
Summary: tightens absentee process and vote by mail
Status: Now in Ethics, Elections & Open Government Subcommittee; senate version in Senate Ethics and Elections Committee
Introduced by Rep Rick Roth (R; District 94; Palm Beach County)
SB1752 introduced by Senator Blaise Ingoglia (R; District 11; Citrus, Hernando & Sumter Counties)
9 page summary for a 112 page bill… WHY?
Amends 97.021 (Definitions [Qualification and Registration of Electors])
Defines “Other election system” for IT other than voting system (adding, deleting or modifying ballots; voter registration system; precinct registers; tabulation systems; mail sorters; reporting systems
Amends 101.015 (Standards for voting systems)
Adds requirements for security for absentee and in-person voting and “other election systems”
Dept of State must create absentee ballot processing manual
Rules for chain of custody of ballots; monitoring ballot transport
Validation and reporting by county canvassing board
“Disciplinary actions, reassignment, penalties, or criminal referral” if chain is broken
Provide definitions and examples for problems (excessive transport time, broken seal, bad markings, etc.)
Prohibiting comingling of absentee ballots until chain of custody validation is complete
Separate post office billing permits for outgoing and incoming ballots to enable auditing… total of 15 rules
Dept of State shall develop rules for physical security of election materials and technology (9 specific areas)
Dept of State shall adopt rules providing absentee vote process, reporting and observation requirements of supervisor of elections (6 specific items)
The Department of State shall adopt rules that include manual cross-checks for legacy systems and systems that have networking or other communication capability to ensure that such systems have not been compromised (11 items)
Amends 101.131 (Watchers at polls)
Allows political action committees and political committees to have watchers (in addition to political parties and candidates)
Prevents watching from being near tabulator or secure ballot intake stations
Watchers submit names 5th business day before voting (was 14 days)
Poll watcher wearing wrong ID badge may be removed from premises
Creates 101.132 (Watchers at absentee vote processing locations)
Allows political party, PAC, political committee, and candidates each to have one watcher at each of 10 areas
Amends 101.21 (Official ballots; number; printing; payment)
Supervisor of elections must print voter certificate envelopes with serial numbers or other markings to detect unauthorized printing or submission
Have to complete ballot, envelope and seal accounting report prior to certifying
Amends 101.545 (Retention and destruction of certain election materials)
Adds envelopes, seals and video recordings to election materials held for 22 months
<more… I’m not even halfway through this bill p35 of 112>
SB1602. Elections
Summary: Voter role clean up and maintenance
Status: Senate Ethics and Elections Committee
Introduced by Senator Joe Gruters (R; District 22; Sarasota & Manatee Counties)
Amends 97.026 (Forms to be available in alternative formats and via the Internet)
Must have instructions on how to cancel voter registration on any site that shows how to update voter registration
Amends 97.052 (Uniform statewide voter registration application)
Adds requirement for last 4 of Social Security number on voter registration application
First time applicants cannot register by mail
Amends 97.053 (Acceptance of voter registration applications)
Have to verify FL driver’s license or ID was not obtained with non-US citizen documentation
Must use “all possible means to verify citizenship status”
Applicant must show Social Security card before voting for first time in this state
“If a supervisor of elections determines that false affirmations have been knowingly made on a voter registration application, the matter must be referred to the Office of Election Crimes and Security”
Amends 97.0535 (Special requirements for certain applicants)
Adds scrutiny for any application other than office of Dept of Highway Safety and Motor Vehicles (DMV)
Adds acceptable forms of ID: US birth certificate w/ acceptable photo ID; US naturalization papers; Consular report of birth abroad by US Dept of State; Social Security car with no work restrictions
Defines IDs to establish residential address; must be dated within last 2 months
Residing outside US is not exempt from ID requirements
Amends 97.057 (Voter registration by the Department of Highway Safety and Motor Vehicles)
Only provide option to register to vote for US citizens
License renewal for non-citizens include info on how to update license and register to vote once they become citizens
DMV make driver license surrender and death reports available in weekly reports to the Department of State (available online or written query by supervisors of election) (also provide non-US citizen reports)
Amends 97.0575 (Third-party voter registration organizations)
Must provide affirmation that person collecting “may not knowingly solicit persons who are not United States citizens to register to vote,” and “will incorporate citizenship status and other eligibility requirements in screening questions”
Amends 97.1031 (Notice of change of residence, change of name, or change of party affiliation)
Supervisor of elections must verify eligibility status “using all available data sources” whenever elector makes a change
Amends 97.041 (Qualifications to register or vote)
Info received from DMV showing registered voter obtained a license in another state “shall be considered a written request from the voter to have the voter’s name removed from the statewide voter registration system”
Dept of State include database on maximum number of occupants of each address
Dept of State “shall use all available data sources and methods to update mailing and registration addresses to be accurate”
Amends 98.065 (Registration list maintenance programs)
Supervisor of elections must do quarterly bulk list maintenance using reports from DMV and other sources to ID non-citizens, people moved out of state, deceased or otherwise ineligible
Supervisor of elections must to quarterly check on addresses with more registered voters than allowed by applicable zoning regulations
Amends 98.075 (Registration records maintenance activities; ineligibility determinations)
Supervisor of elections must remove voter within 7 days after receipt of copy of death certificate or verified deceased by DMV
Lists credible sources to determine eligibility
Amends 98.093 (Duty of officials to furnish information relating to deceased persons, persons adjudicated mentally incapacitated, persons convicted of a felony, and persons who are not United States citizens)
Adds supervisors of election to reporting list (not just Dept of State)
Reports required for criminal records, deceased status, surrendered driver licenses, change of address or citizenship status
Other bills
SB 1258. Carbon Sequestration
Introduced by Senator Ana Maria Rodriguez (R; District 40; Miami-Dade and Monroe Counties)
SB586. Cultivated Meat
Introduced by Senator Clay Yarborough (R; District 4; Nassau & Duval Counties)
Defines “cultivated meat” (produced from cultured animal cells)
Creates 500.452 to prohibit manufacture, sale, or distribution of cultivated mean
Violators may lose license
SCR324. Balanced Federal Budget
Summary: calls for the article V of the convention of states “for the sole purpose of proposing an amendment to the Constitution of the United States which requires a balanced federal budget”
Status: passed Judiciary Committee 8-2 on 1/16; Rules Committee 13-5 on 1/24
Introduced by Sen Blaise Ingoglia (R; District 11; Citrus, Hernando & Sumter Counties)